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HomeMy WebLinkAbout2014-02-18 CorrespondenceI _0� State of the City Address Mayor Matt Hayek February 18, 2014 Good evening. It is my pleasure, along with my colleagues on the City Council, to present the 2014 State of the City Address. I begin by recognizing my fellow councilors and thanking them for their commitment to Iowa City. Mayor Pro Tem Susan Mims and council members Kingsley Botchway, Terry Dickens, Rick Dobyns, Michelle Payne, and Jim Throgmorton all deserve thanks for their service to the community. I also call attention to the hundreds of City employees who deliver high - quality services throughout the community every hour of every day. 2013 was an encouraging year on many fronts. Iowa City continues to benefit from one of the lowest unemployment rates in the nation. The most recent data show a rate of under three percent, which is the fourth - lowest unemployment of any metropolitan area in the country. Our exceptional quality of life is recognized nationally. Iowa City is consistently included in national `top ten' lists, and recent acknowledgements include distinctions as one of America's best cities for health, employment, volunteerism, retirement, public schools and so forth. From our designation as the only UNESCO City of Literature in the western hemisphere, to our community calendar with its nonstop artistic, athletic and academic programming, to our award winning farmer's markets, Iowa City should be proud of its accomplishments. We are recognized as a great place to have a career or start a business. And we are a popular destination for people of all ages, from students to retirees. While we are proud of these accomplishments, tonight's emphasis is about where we plan to go and how we plan to get there. I will focus on three topics: first, the City's long -term planning to preserve and strengthen its many qualities; second, the City's collaborative efforts with other government and nonprofit entities, particularly in conjunction with planned neighborhood school construction; and third, the City's ongoing work to strengthen its most important asset — our neighborhoods and the communities that build them. With respect to long -term planning, the Council recently updated the City's strategic plan. The plan is a set of goals and values intended to guide our operational decisions. The goals include supporting healthy neighborhoods, a strong urban core, strategic economic development, a solid financial foundation, and enhanced communication. And weaving through those goals are two important values — inclusivity and sustainability — that the Council identified at its recent strategic planning retreat. Fundamental to sound long -term planning is the responsible stewardship of public resources. Iowa City's economy fared comparatively well during the national economic downturn and has recovered at a quicker pace than most communities. In fact, 2013 was a tremendous year for construction in Iowa City, with permits issued for nearly $177 million in value, up nearly $70 million from 2012. This good news, however, must be tempered with caution, as last year's property tax reform measures at the state level will have serious and lasting effects on the City's ability to meet service demands. An initial projection estimates that without a state backfill, the property tax changes will reduce revenue to the City by $50 million over the next ten years. Rather than wait for a crisis that would force immediate, deep cuts in spending or service levels, the responsible approach is to plan now for the inevitable reduction in funding. To that end, this year's budget will establish an emergency fund intended to smooth out the effects of property tax reform and protect the City in the event that state backfill dollars do not materialize. While this fund will not fundamentally alter the revenue - expense equation, it will help the City make prudent moves in response to decreasing revenue, rather than immediate reductions in services. This kind of deliberate financial planning has characterized City budget decisions in recent years and will continue. Our careful planning has earned the City Moody's top bond rating — we are one of only four cities in the state of Iowa and less than 200 nationally to hold this distinction. And this isn't an award to hang on the wall — our bond rating saves taxpayers money in interest costs every time the City borrows money. Our low levels of debt are a large component of our bond rating — outstanding debt is only about a quarter of what is allowable by state law and has been declining in recent years. We have additional internal policies limiting how much of the property tax levy can be used for debt service. Transparency is absolutely necessary when managing public resources. The City was recognized again in 2013 by Sunshine Review, a national nonprofit dedicated to government transparency. We earned a grade of A +; one of only 22 A+ City governments in the country. Our financial reporting was again recognized by the Government Financial Officers Association — we earned the certificate of achievement for excellence in financial reporting for the 28th consecutive year and the distinguished budget presentation award for the second time. These awards are given for communicating all of the complicated finances of the City to the public in a way that is accessible, useful, and transparent. While our property tax rate has declined three consecutive years, it is still higher than most of our peer communities. One reason other communities enjoy a lower tax rate than Iowa City is that they have pursued a more diverse revenue stream, which lowers their dependence on property taxes and their vulnerability to decisions made at the state level. The anticipated reduction in property taxes may force Iowa City to consider revenue alternatives. For instance, of the largest cities in Iowa, Iowa City has one of the lowest utility franchise fees. It is also one of the few that do not use a local option sales tax. Responding adequately to the expected drop in tax revenue in coming years will require both a continued tightening of our belt and exploring options to generate revenue independent of the taxable value of property. We will not be able to balance our books and maintain existing service levels by either enhancing revenue or making spending cuts. Good long -term planning will have to incorporate both. While our new emergency fund may help this transition, there is little doubt that the drop in property taxes will force us to craft a different and sustainable combination of property taxes, fees, and local option revenue. We must keep this in mind as we make operational decisions in 2014 and budget decisions moving forward. Long -term infrastructure planning in Iowa City is still heavily influenced by the 2008 flood. Flood recovery projects continue for both the City and the University and they are reshaping the face of the community in many ways. We are completing the largest public works project in the City's history at the South Wastewater Treatment Plant. The site where the recently decommissioned North Wastewater Plant currently sits will become a waterfront park and a cornerstone of the Riverfront Crossings district just south of downtown. This area will become a walkable, mixed -use neighborhood that capitalizes on its proximity to trails, the river, and downtown amenities; encourages sustainable infrastructure and lifestyles; and attracts and retains the kind of entrepreneurial spirit found in cities that thrive in today's economy. The project also consolidates the City's wastewater treatment operations, removing them from the flood plain, creating efficiencies, and increasing capacity for future growth. As that large project nears completion, another begins its design phase. Though many tough decisions on the Gateway Project await us, some critical design decisions were made recently that balance public safety, cost, and aesthetic concerns. Recognizing that it is impossible to completely protect Dubuque Street from all future flooding, the city council has agreed on a road and bridge height that will provide the best balance of flood protection, avoidance of construction delays, aesthetic and neighborhood concerns, and cost. We are excited to see the project move forward. When construction is complete, we will see a Dubuque Street corridor less vulnerable to closure, an attractive new Park Road bridge, a reduction in upstream flooding, and protection of the visual qualities that make this area so appealing. One of the most important tools of local government is effective collaboration with other jurisdictions and private organizations. By way of example, we recently announced a challenge grant in the amount of $100,000 for the 1105 Project, which is a joint effort between social service agencies to improve service delivery, efficiencies, and fiscal sustainability. The project is an indication that successful nonprofits and government agencies have responded to financial pressures and can be a model for other operations. The project includes the support of the four agencies housed in the 1105 building, the City's challenge grant, additional block grant funding from the City, the County's sale of the building for only $1, corporate sponsors, and individual donors. This project is a model of how cooperation can improve services in the community. Important collaborations with the Iowa City Community School District are also on the horizon. Neighborhood schools are vital to supporting healthy neighborhoods. The school district has announced plans for historic reconstruction of certain existing facilities, which will positively affect the City and some of our treasured neighborhoods. Further, the City has annexed two parcels of land slated to house new elementary schools on the south and east sides of town. Our capital improvement plan includes funding to partner with the school district on an expanded gymnasium facility to be used by both students and the neighborhood. It also includes projects to upgrade Sycamore Street and American Legion Road, all designed to support the District's decision to invest in school facilities. Iowa City will benefit from the new schools and the improvements planned for existing schools. We will remain a supportive partner with the school district as these projects get underway. An important focal point in the City's strategic plan is the building and preservation of healthy neighborhoods and communities. In addition to neighborhood school projects, the City continues to convert aging rental properties into affordable single - family homes through the.UniverCity Program. The program has stimulated investment in homes and neighborhoods by owners, is helping to restore a balance of renter and owner- occupied housing, can inspire neighboring property owners to make improvements to their properties, and builds a stronger sense of community. To date, over $9 million has been reinvested back into the community. The City also works to improve its neighborhoods through low- or no- interest housing rehabilitation loans and programs such as the General Rehabilitation Investment Program, Targeted Neighborhood Investment Program, and block grants. The Program for Improving Neighborhoods also provides grant money for neighborhood improvement projects and events sponsored through neighborhood associations. Examples include park improvements, landscaping, and trail development in a variety of neighborhoods. This is yet another example of effective collaboration between City government and residents. A number of upcoming park projects will strengthen our neighborhoods. The City has budgeted to make major improvements to at least one neighborhood park each year. Mercer Park's playground equipment will be expanded. Willow Creek/Kiwanis Park will see upgrades. Soccer park improvements and upgrades to City Park pool are in the works. Planned trail projects include extending the Iowa River Trail from Benton Street to Sturgis Park, redesigning the Hickory Hill Trail, and annual funds to maintain and expand intra -city bike trails. The Terry Trueblood Recreation Area on the south end of town is now complete and boasts paddle boat rentals, concessions, and a park lodge that is becoming a popular venue for events. Similarly, this year will see the opening of the Ned Ashton House, a 1947 structure near City Park on the National Register of Historic Places that was purchased by the City as part of the flood buyout process. With commanding views of the river, the facility is certain to become another popular venue for weddings, receptions, and other events. Lastly, building healthy neighborhoods involves more than providing desirable housing and recreation options. It also means supporting a vibrant economy in which residents have access to employment centers and diverse shopping choices. It is important that all areas of the City benefit from economic growth so that residents in every neighborhood have conveniently accessible work opportunities. Though the downtown will always be an important economic development district and is currently undergoing planning for streetscape enhancements, the City has made a concerted effort to encourage development throughout the community to achieve a more balanced mix of uses. We have made tremendous investments in Towncrest on the east side and Riverfront Crossings to the south of downtown. In Towncrest, medical office buildings were recently constructed with City support and William Street improvements will be completed this year. Riverfront Crossings will soon see a great deal of development as a bank building, parking garage, and U of I School of Music facility all get underway. The removal of the North Wastewater Treatment Plant and the creation of the new riverfront park will act as a catalyst to encourage other development in the area. The Highway 6 corridor will see numerous development projects, and large infrastructure projects in the southeast district are nearing completion. Through encouraging a healthy job market City -wide, we are helping to support healthy neighborhoods. While the strategic plan is a roadmap intended to help us define where we want to go as a community and identify how we want to get there, we must also emphasize our commitment to core services. Being strategic with economic development projects and improving our communication efforts will help us promote the kind of community we desire. But there is no substitute for maintaining strong basic infrastructure like water, sewer, roads, and public safety. Healthy neighborhoods, economic growth, and financial stability all require that basic utility and transportation needs be met. All Iowa Citians should be confident in the ability of their local government to provide safe neighborhoods and well- maintained infrastructure in a manner that will benefit generations to come. Iowa City is a special place that we are all proud to call home. With great schools, beautiful neighborhoods, a strong economy, and a vibrant, diverse culture it is easy to understand why. Though property tax changes will pose serious financial challenges in the coming years, we are resolved to address them prudently and I am confident Iowa City will continue to be an excellent place to live and do business. On behalf of the City Council and City staff, I thank our community for its continued engagement, cooperation, and support. 5f(1) Marian Karr From: cyclophil @aol.com Sent: Sunday, January 19, 2014 5:08 PM To: Council Subject: Market and Jefferson Streets To the City Council of Iowa City: This message is to express my great concern about the possibility that you may convert Market and Jefferson streets from one -way into two -way streets to make them more convenient for bicyclists, as reported in the Press - Citizen a week or so ago. I have lived east of downtown and commuted to and from the University of Iowa on those two streets for over 40 years. I have always been impressed with how well the traffic flows with the timed lights on both streets, allowing a relatively unimpeded trip, and particularly saving the gasoline that would be consumed by frequent stops. I also believe that we drivers should share these streets with bicyclists, but I strongly believe that the best way for this to be done safely is for the city to provide smoother pavement for the marked bike lanes and to maintain them in the winter equally with the main part of the streets. If these two streets are made two -way streets, they are not wide enough to have left - hand turn lanes separate from the two opposing through- traffic lanes and even one bike lane. In this situation, the likelihood of cars making left -hand turns from both directions at most any of the many intersections on both streets would cause traffic to back up in both lanes. This would also slow down the bicycle traffic and more significantly, make it more dangerous for bicycles to cross the side streets when both their and the drivers' vision is blocked by the backed -up traffic. Also, on both the Jefferson and Market Street hills just east of Madison Street, even one -way traffic can be dicey in the winter after any type of snowfall or thawing and freezing make them slippery, and cars often slide a bit into the adjacent lanes while going up or down the hills. Two -way traffic on both those hills would be a recipe for disaster in this kind of weather. I strongly urge you to leave both streets one -way for car traffic, but to improve the bike lanes on both streets, in order to maintain safer and more economical conditions for both types of traffic. Thank you, Philip H. Heckel 29 Brookfield Drive Marian Karr 5f(2) From: Ron Knoche Sent: Tuesday, January 21, 2014 8:49 AM To: 'brianfahey60 @g mail. com'; Council Cc: Marian Karr; Geoff Fruin; Rick Fosse Subject: RE: Feasibility of Left Turn Light at Mormon Trek and Benton Streets Mr. Fahey: Thank you for your inquiry into the feasibility of a left turn lane at the Mormon Trek Boulevard and Benton Street intersection. This project is included in the proposed Capital Improvements Plan. The project is scheduled for FY 2016 (July 2015 -June 2016). The design would be done in 2015 with construction in 2016. If you have any further questions, please feel free to contact me. Sincerely, Ron Ronald R. Knoche, PE City Engineer City of Iowa City 410 East Washington Street Iowa City, Iowa Email: ron- knoche @iowa- city.org Phone: (319) 356 -5138 Cell: (319) 430 -3625 Fax: (319) 356 -5007 Website: www.icgov.or� ABE GREEN — Please consider the environment before printing this e-mail. From: Brian Fahey [mai Ito: bria nfahey60@gmaii.com] Sent: Friday, January 17, 2014 5:41 PM To: Council Subject: Feasibility of Left Turn Light at Mormon Trek and Benton Streets Good Evening, Due to heavy traffic at times, what is the feasibility of constructing a left turn lane and light for the intersection of Mormon Trek and Benton Streets, near the gas station? Thank you, Brian Fahey Marian Karr From: lucyapple@mediacombb.net Sent: Wednesday, January 22, 2014 8:16 PM To: Council Subject: Gateway Project - Myers Dear City Council, Thank you for your vigorous study and review of the Gateway Project options, your work with city departments to gather the information you needed, and your willingness to listen to all stakeholders and balance their interests. I was pleased by your thoughtful questions and support for the 100 + 1 roadway option; as well as your selection of a 200 +1, through -arch bridge (quite lovely). These three choices should reduce road flooding, improve drainage and give us a safe and beautiful bridge without sacrificing neighborhoods, overbuilding automobile infrastructure or making the Iowa River flood plain dysfunctional. A city that tries to incorporate the free work that rivers do into infrastructure design and flood - control, is truly a progressive and modern place to live. I look forward to being involved in the upcoming design, along with other stakeholders. Thank you again! Julie Myers Marian Karr From: Jesse Singerman <jesse.singerman @mchsi.com> Sent: Monday, January 27, 2014 5:03 PM To: Council Subject: Thank you for your decision on the Gateway project This correspondence will become a public record. Dear Iowa City Council members- Thank you for listening to community input and for the careful consideration you gave to the Gateway Project. I think you made the best of a difficult decision and balanced a complicated set of community needs. Thank you for your time and attention. Jesse Singerman 219 Ronalds St. Iowa City, IA 52245 Marian Karr From: MECrawford @aol.com Sent: Wednesday, January 29, 2014 12:18 PM To: Council; Tom Markus Cc: Kurtkimmel @aol.com; layton.olson @byetm.com; TMChait @aol.com; CLINESALLY @cs.com Subject: Decision on Park Street bridge City Council, Following your decision to not build the Taft Speedway levee and provide flood protection to the 92 homes in Idyllwild, as well as access to the Peninsula community, I have not bothered you with my opinions on issues before the Council. I am pleased to see you moving forward on providing some future flood protection with your Dubuque Street and Park Street bridge projects. However, I am disappointed in your decision relative to the bridge. Looking at the data provided to the Council, the deck girder bridge would apparently provide better flood control than the deck arch bridge. That being the case, why would the Council not want to make the right decision, and in this way finally provide some protection to our area of the City? I urge you to reconsider your choice in bridge selection for Park Street. It would seem to be a relatively easy decision, that some day could prove to be extremely significant. Mike Crawford 54 Pentire Circle Iowa City, Iowa 52245 319- 621 -5326 S- ;�� ) Marian Karr From: Terri Miller Chait <tmchait @g mail. com> Sent: Saturday, February 15, 2014 12:36 PM To: Council; Tom Markus Subject: Park Road Bridge Dear Mayor, City Council, and City Manager, It was extremely disappointing that the grant money to build a levee to protect the 92 homes at Idyllwild was returned and that this was done without a discussion of other less "invasive" possibilities that would provide some protection from future flooding in this area. Now there is another opportunity to affect future flooding in this area with the replacement of Park Road Bridge. I urge you to make the choice that maximizes flood protection. The protection of property should be a priority over the aesthetics of the bridge. As the study that was done shows that the deck girder bridge would provide better flood control than the deck arch bridge, this seems to be a clear decision. Please reconsider and provide the most protection possible. It would seem to be a relatively easy decision, which some day could prove to be extremely significant. Thank you. Terri Miller Chait Terri Miller Chait Idyllwild Development II, Inc. 218 E Washington Street Iowa City, IA 52240 office 319 - 338 -0354 cell 319 -530 -7052 www.IdyllwildCondominiums.com Marian Karr 5f_= From: Rick Fosse Sent: Tuesday, January 28, 2014 2:16 PM To: '_Andy Ockenfels'; Tom Markus; Council M Cc: egan Jasin, Marketing and Communications Coordinator; Bill Lundberg; Marian Karr Subject: RE: Introduction - City Carton offer to assist as stakeholder Mr. Ockenfels: Thank you for your e-mail regarding the Fiberight proposal and your offer to participate in a local stakeholders committee. Also, thank you for noting that City Carton Recycling, as part of the current waste management system, has a long standing and vested interest in this topic. You point out that you believe there are still areas that can be improved to recycle more material that is currently being landfilled. There are two things to note in this regard. First, based on our understanding of the Fiberight process, recycling and Fiberight are not mutually exclusive operations, so proceeding with Fiberight would not preclude such efforts. Second, the Fiberight process will remove additional recyclables from the waste stream that are currently being landfilled, thereby advancing the goal that you advocate. The process also proposes to eliminate an estimated 75 -80% of what is currently landfilled and to convert that material to biofuel. If successful, this is a dramatic step in solid waste reduction and represents a sharp contrast to the incremental steps to improve recycling that we have been focused on for the past two decades that have netted only a 33.6% reduction. As responded to Council, we think we are better served at this time by working our way through the existing proposal to make sure we have a complete understanding of the proposal before returning it to Council. Keep in mind that we have hired GBB Solid Waste Management Consultants to assist us in this process. GBB brings 34 years of experience on solid waste management projects to the table. Once returned to Council, they can determine what process they wish to follow in vetting the consideration of a different waste stream management system or decide not to proceed. If Council wishes to further review the Fiberight proposal it will be their call as to whether they decide to utilize a committee or not. In the meantime, you are certainly encouraged and invited to forward any specific questions or concerns you might have regarding this proposal. We will attempt to consider those questions and comments in our review of the Fiberight proposal. Sincerely, Tom Markus, City Manager Rick Fosse, Public Works Director From: _Andy Ockenfels [ mailto:AOckenfels @CityCarton.com] Sent: Tuesday, January 21, 2014 1:48 PM To: Tom Markus; Rick Fosse; Council Cc: Megan Jasin, Marketing and Communications Coordinator; Bill Lundberg; Andy Ockenfels Subject: Introduction - City Carton offer to assist as stakeholder Mr. Markus: Thanks for your service to the City of Iowa City. I truly appreciate the time and effort each Council Member and City Team member puts in to make Iowa City the City we can all be proud of. City Carton Recycling would like to volunteer to participate in local stakeholders committee once established. I encourage the Council to change from "could" establish a local committee to "would" establish a local committee. Establishing the stakeholders group now, I believe, would help to reduce concerns brought to our attention and funnel them towards a stakeholders group to be discussed in one forum Vs at each individual Council meeting. City Carton Recycling has been an active business in Iowa City since 1967, with our corporate home office located at 3 East Benton Street. We have worked with the Iowa City recycling program to purchase, process and market the recyclables collected at the drop boxes and curbside since both projects got started. We are extremely proud of the recycling efforts in this community and honored to be a part of it for all these years. As a founding member of the Iowa Recycling Association and past President, I have spent the past 30 years in the recycling industry and extremely proud of the continuous drive Iowa City has taken to move material into the recycling stream and out of the landfill. There are still areas we can improve on to recycle more material currently being landfilled into their "highest and best use" end market before taking the steps to transfer waste material out of county, to one time end use, waste to energy market place. I look forward to working with Team on their comprehensive waste management plan that provides value long term for all residents, businesses and customers using the Iowa City Landfill. Check out our new website: www.citvcarton.com Andy Ockenfels CEO City Carton Recycling AndyOckenfelsgCityCarton.com 319- 248 -5154 Date: January 15, 2014 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 7, 2014, 5:OOPM in Emma J. Harvat Hall Council: UISG: Staff: Botchway, Dickens (5:08), Dobyns, Hayek, Mims, Payne, Throgmorton Bramel Markus, Fruin, Dilkes, Karr, Adhikari, Fosse, Clark, Davidson, Bockenstedt, Schaul, Moran, Eidahl A transcription and power points are available in the City Clerk's Office and the City website. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Consent Calendar item# 2f(6)- correspondence re Fiberight ( Fiberright) by contract) In response to Council Member Throgmorton, City Manager Markus stated Council could pursue the establishment of a committee of local stakeholders when additional information and research had been received. Public Works Dir. Fosse indicated staff was looking at having something back to Council early summer. City Manager Markus stated the information would include responses to questions raised by Council and the public, and encouraged anyone with questions to send to the Public Works Director (Fosse) or himself to include in the information provided this summer. Marian Karr 5f(5) From: Josh Eklow <josheklow @gmail.com> Sent: Friday, January 31, 2014 9:12 PM To: Council Subject: We can and must end our tenure as the most racist state in our nation's war on drugs. I have been proud to call Iowa my home for almost 10 years. During my time here, I have been proud to be a part of massive change, both in the state and in our country. When it comes to civil rights, Iowa has often led the charge, and I have always been proud to tout our progressive politics to out -of -state friends. The lists of firsts for Iowa is something we can and should all be proud of. For example, Iowa removed its ban on inter - racial marriage over 100 years before the rest of the US. I was quite dismayed, however, and have been, to read about our state's refusal to address and correct our racist enforcement of cannabis prohibition. Again, Iowa leads the nation, unfortunately, with the largest racial disparity rate in the entire country for marijuana possession arrests. A black person is more than 8 times more likely to be arrested for something that is legal in many places and decriminalized in still more. It should not be surprising, I suppose, that the numbers look like this, as the law itself was schemed up by an outspoken racist, Harry Anslinger, who, among other quotations that Iowa City -zens would undoubtedly not be proud to associate with, said "[r]eefer makes darkies think they're as good as white men." Our state and, more sadly, our city's continued support for inherently racist policing is a stain on an otherwise truly inspirational record of leading the march of civil rights in the United States. If leaders at the state level, such as Governor Branstad and Sen. Chuck Grassley, refuse to end their support of a policy that is and was always intended to be racist, please, let Iowa City lead the rest of our great state. Please do not support any application this year for the Edward J. Byrne grant. Please do not encourage our law enforcement to waste another cent searching for people using cannabis in the privacy of their own homes while winking at the giant open container that is Kinnick stadium every Saturday during football season. Our tolerance of dangerous and public alcohol abuse has led to the University's dubious honor of being the #1 party school, a title many might consider another stain on our reputation or, at least, a symptom of Iowa City's problem with alcohol. This part of our culture is not going away any time soon, nor does anyone actually seem interested, giving lip service to a search for alternatives to alcohol, while seeking out and hunting down those who have already found it, quietly hiding in their homes until the tide of drunken violence that fills our town washes away. I, for one, am tired of being encouraged to binge drink, surrounded by happy hours and drink specials, legally and cheaply poisoning myself, all the while wishing that I could make a healthier and safer choice. When it came to other civil rights victories, Iowa's moves have inspired others. If Iowa can do it, they said, why can't we? It is time for us to do what we can to end the institutionalized discrimination that is the drug war, and stop letting it happen in our, usually, proud name. The people of Iowa City have continually made it clear that they do not want to be complicit in such practices, and it is your duty as our elected city council to end discriminatory policing and jailing. Make us proud again, Josh Eklow Marian Karr 5f(6) From: Sam Hargadine Sent: Monday, February 10, 2014 1:59 PM To: 'John Deeth; Council Cc: Charis Carlson, Jeff Subject: RE: Media inquiry: Followup on Feb. 10 press release Mr. Deeth, The birth dates for the actor(s) are: November 2013 sting Nov. 5, 1993 Apr 29, 1994 February 2014 sting Nov. 5, 1993 Both actors were 20 years of age when the alcohol purchases were made. Only one actor was utilized in the latest compliance check. Regards, Samuel E..3stavgacdifw Chief of Police Iowa City Police Department 410 E. Washington St. Iowa City, IA 52240 -1826 From: John Deeth [mailto:jdeeth @mchsi.com] Sent: Monday, February 10, 2014 12:48 PM To: Sam Hargadine; Council Cc: Charis Carlson, Jeff Subject: Media inquiry: Followup on Feb. 10 press release Dear Chief Hargadine: Your press release of February 10 re: the undercover alcohol compliance sting goes into great detail about the specific businesses targeted and the rationale behind the program and grant. However, it omits a key detail: the age of the buyers. It would help the public evaluate the program if we knew whether the undercover buyers were 16 year old juveniles or 20 year 10 month old adults with the right to enlist, marry, sign binding contracts, and otherwise able to enjoy all the rights of adulthood with the sole exception of alcohol. Therefore, I request the birth dates of the undercover buyers, in order to calculate their ages. I also request that, if the program continues, such information be included in future releases. Please note that all followups may be published. John Deeth, freelance journalist cc: City council Jeff Charis - Carlson Marian Karr 5f(7) From: Center for Worker Justice <info @cwjiowa.org> Sent: Monday, February 10, 2014 5:58 PM To: Council Cc: centerforworkerjustice @gmail.com; Misty Rebik Subject: Community ID Program Attachments: CWJ Community ID Position.pdf Dear Iowa City City Council, After many conversations with immigrant and low -wage workers in the last few months, and after the release of the report produced by the University of Iowa Law Students, CWJ released its position on the Community ID Program last week. CWJ leaders participated in the report by assisting in collecting 233 surveys in just two weeks, were 90 % of the respondents showed they would use a community ID card. We are excited to see the report was embraced by the Iowa City Human Rights Commission, and today the Press - Citizen endorsed the idea of a community ID program here. Please find attached to this email our official statement on the Community ID Program. Please include our statement in any packets addressed to the City Council for future work/public meetings. We look forward to continuing conversations about how our community can make a Community ID program possible. Sincerely, Misty Rebik Misty Rebik Executive Director Center for Worker Justice (319) 594 -7593 mistygcwjiowa.org Follow us on Facebook: www.facebook.com/centerforworkeriusticeofeastemiowa Board of Directors Ali Ahmed Bakhit Bahhit Maria Cachua Jesse Case Robin Clark- Bennett Diane Finnerty Fanai Galicia Sergio Irund A -Wan Charlie Eastham Marcela Marquez Father Rudy Juarez Izze Sayed Scott Smith Jennifer Xie Mazahir Salih Executive Director Misty Rebih CENTER FOR WORKER JUSTICE OF EASTERN IOWA 940 5. Gilbert Court, Iowa City, Iowa 52240 (319) 594-7593:: info @cwjiowa.org Tuesday, February 4, 2014 CWJ strongly supports creation of a Community ID program The Center for Worker Justice of Eastern Iowa (CWJ) applauds the Community Identification Card report released on January 23rd by the City of Iowa City, and prepared by Erin Fleck and Jordan Moody. The report provides a comprehensive analysis that we feel clearly establishes the legality, feasibility, and benefit of establishing a community identification card program. Many members of our community lack an official, locally- recognized identification card. It's a serious barrier that contributes to an array of related problems. Victims and witnesses of crime are reluctant to call police, because without an ID, a routine interaction can escalate into arrests or deportations. Residents without IDs are excluded from local services and economic activity: banks require specific forms of ID to open accounts; pharmacies require IDs for some cold and allergy medicines; some retail stores ask to see IN to verify credit card ownership. Furthermore, immigrants are often reluctant to produce foreign IDs, for fear of discriminatory treatment. We believe this program will directly improve the lives of thousands of members of our community who lack locally- recognized IDs, and create a safer, more inclusive community for all its residents. Our Specific Recommendations for an Effective Program Based on our analysis of the report and discussions with our low -wage and immigrant members, we believe an effective ID program should meet the following criteria: • Formally recognized by law enforcement as a valid form of ID. • Can be used to access public facilities and services, such as libraries, recreation center programs, and visitors' hours at the county jail. • Includes an education and outreach plan to encourage local banks and retailers in our community to accept the ID. • Is secure and accessible. Requires enough proof of identity and residency to protect the integrity of the program, without being too restrictive. • Protects the cardholder's information. Should maintain limited cardholder information on file, and should not ask for immigration - related information. • Must promote access, not create new barriers. CWJ opposes efforts to require IN in local schools or recreation facilities, which will inevitably exclude some parents and youth from essential community services. After careful consideration, we recommend the establishment of a local government - issued ID. It is very important to our members that the ID is broadly accepted as an official form of identification, and maximizes access to community services. We feel a city or county issued ID would be preferable to an ID issued by a private organization. CENTER FOR WORKER JUSTICE OF EASTERN IOWA 940 S. Gilbert Court, Iowa City, Iowa 52240 (319) 594-7593:: info @cwjiowa.org February 11, 2014 Dear Iowa City City Council, The Center for Worker Justice of Eastern Iowa (CWJ) applauds the Community Board of Directors Identification Card report released on January 23`d by the City of Iowa City, and prepared Ali Ahmed by Erin Fleck and Jordan Moody. The report provides a comprehensive analysis that we feel clearly establishes the legality, feasibility, and benefit of establishing a community Balzhit BaFxhit identification card program. Please find attached several letters from immigrant and low - Maria Cachua wage workers who support a government- issues community ID program. As you will read in the letters, many members of our community lack an official, locally- recognized identification card. It's a serious barrier that contributes to an array of related Robin Clark- Bennett problems. Victims and witnesses of crime are reluctant to call police, because without an ID, a routine interaction can escalate into arrests or deportations. Residents without IN are Diane Finnerty excluded from local services and economic activity: banks require specific forms of ID to Fanai Galicia open accounts; pharmacies require IN for some cold and allergy medicines; some retail stores ask to see IN to verify credit card ownership. Furthermore, immigrants are often Sergio Irund A -Wan reluctant to produce foreign IDs, for fear of discriminatory treatment. Charlie Eastham We believe this program will directly improve the lives of thousands of members of our community who lack locally- recognized IDs, and create a safer, more inclusive community Marcela Marquez for all its residents. Father Rudy Juarez Based on our analysis of the report and discussions with our low -wage and immigrant Izze Sayed members, we believe an effective ID program should meet the following criteria: Scott Smith . Formally recognized by law enforcement as a valid form of ID. Jennifer Xie • Can be used to access public facilities and services, such as libraries, recreation center programs, and visitors' hours at the county jail. Mazahir Solih . Includes an education and outreach plan to encourage local banks and retailers in our community to accept the ID. • Is secure and accessible. Requires enough proof of identity and residency to protect Executive Director the integrity of the program, without being too restrictive. Misty Rebik • Protects the cardholder's information. Should maintain limited cardholder information on file, and should not ask for immigration - related information. • Must promote access, not create new barriers. CWJ opposes efforts to require IN in local schools or recreation facilities, which will inevitably exclude some parents and youth from essential community services. After careful consideration, we recommend the establishment of a local government - issued ID. 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Mss Marian Karr I 5f(8) From: f.smoldtd @mchsi.com Sent: Tuesday, February 11, 2014 8:12 AM To: Marian Karr Subject: Please introduce an official English resolution! Frank and Sharon Smoldt 1105 Fremont Street Marshalltown, IA 50158 -5661 February 11, 2014 Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Iowa City: I just learned that yet another county has passed a resolution to make English its official language. Polk County, Wisconsin just adopted an official- English resolution. I strongly support this effort of English unity and I urge you to introduce a similar resolution in our county. Rasmussen Reports found as recently as 2013 that high levels of support for official English have remained unchanged for the past decade. An overwhelming 85% of likely voters support official English. It's time to limit taxpayer- funded translations and encourage English language learning in our county. Please make official English an agenda item for this year. I'll be phoning your office to follow up on this matter. Thank you for listening to my concerns. Sincerely, Frank and Sharon Smoldt Marian Karr From: welldone @longlines.com Sent: Tuesday, February 11, 2014 10:47 AM To: Marian Karr Subject: Please introduce an official English resolution! Gary Weldon 515 Elm st Moorhead, IA 51558 -3023 February 11, 2014 Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Iowa City: I just learned that yet another county has passed a resolution to make English its official language. Polk County, Wisconsin just adopted an official English resolution. I strongly support this effort of English unity and I urge you to introduce a similar resolution in our county. An overwhelming 85% of likely voters support official English. It's time to limit taxpayer- funded translations and encourage English language learning in our county. Thank you for listening to my concerns. Sincerely, Gary Weldon 7128865678 Marian Karr From: nfinity24 @yahoo.com Sent: Tuesday, February 11, 2014 10:17 AM To: Marian Karr Subject: Please introduce an official English resolution! Andrea Yeoman 1506 S 13th Street Council Bluffs, IA 51501 -6263 February 11, 2014 Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Iowa City: I strongly support this effort of English unity and I urge you to introduce a similar resolution in our county. An overwhelming 85% of likely voters support official English. It's time to limit taxpayer- funded translations and encourage English language learning in our county. Please make official English an agenda item for this year. I'll be phoning your office to follow up on this matter. Thank you for listening to my concerns. Sincerely, Andrea Yeoman 02 -18 -14 Marian Karr From: Patricia Ephgrave <pephgrave @oaknoll.com> Sent: Tuesday, February 11, 2014 4:16 PM To: Council Subject: Funding 3 venues This correspondence will become a public record. Dear Council, The notice that the Council would consider funding three businesses downtown was absolutely astounding. With affordable housing for workers downtown and elsewhere ignored for 25 years, why are we subsidizing businesses? Is this the free enterprise system at work? If these are good ideas, they should attract investors, not government handouts. Housing on the other hand, has not proved to be resolved by the private sector and does require some government interest in, oversight, or investment on your part. Better late than never; get with it. Respectfully, Patricia N Ephgrave 5, _1� �Ie) Marian Karr From: Marian Karr Sent: Tuesday, February 18, 2014 11:15 AM To: Marian Karr Subject: FW: non profit video tickets Attachments: gaming devices.pdf From: Eleanor M. Dilkes Sent: Tuesday, February 18, 2014 9:14 AM To: Geoff Fruin; Rick Dobyns Cc: Marian Karr Subject: RE: non profit video tickets Rick — Attached is the letter we sent to all licensees about this issue back in 2010. Council discussed the issue at a work session and chose not to repeal or amend the ordinance. Eleanor Begin forwarded message: From: Tony Villhauer <tonyvillhauer(a�yahoo.com> Date: February 13, 2014, 4:44:09 PM CST To: "terry,dickens _,iowa- city.org" <terry- dickens ,iowa -cit y�org >, "matt-hayek@iowa- ci .or " <matt-ha ek ,iowa -cit y�org >, "susan- mims@iowa- city.org" <susan-mimsgiowa- ci .or >, " Kingsley- BotchwayAiowa- city.org" <Kingsley=Botchwayna iowa- city.org >, "jim- throgmortongiowa- city.org" < jim- throgmorton(a,iowa- cit�org >, "rick- dobyns(a,iowa- city.org" <rick- dobynskiowa- city.org >, "michelle- payne&iowa- city.org" <michelle-payne@iowa- ci .or > Subject: non profit video tickets Reply -To: Tony Villhauer <tonyyillhauer n,yahoo.com> Dear Friend and Representative, My name is Tony Villhauer. I am a life long Iowa Citian (4th generation). During my life I was taught that giving back to the community is of vital importance. While not on the same public level as you, I believe we see eye to eye in our belief Iowa City is a great place to live, and we would love to make it even better. I have particpated with various groups through the years - -- -Iowa City Boy's Baseball, Babe Ruth, the Democratic Party, Special Olympics, Iowa City Officials Association, to name a few. I am now a Past President of the Iowa City Fraternal Order of Eagles. We have 11 national charities we support, and many many local causes, from the ICFD benevolant fund, Big Brothers/Big Sisters, Wild Bills Coffee Shop, many youth leagues, after prom parties, etc,etc,etc. More and more groups are in need of help, and we would love to do more. If we only could. We have 'video games' that pays tickets to the winners. In years past, the winner could redeem those tickets for anything in our establishment - -- -food, shirts we might be selling, and yes even beverages. The income from those machines used to pay the large portion of our operating expenses -- -heat, water, snow removal, etc. A few years ago the then council decided that these tickest would no longer be allowed to be used for beverages. As you can imagine, the use of such ticket machines dropped vastly. Thus, more of our revenue is going to everyday expenditures leaving less for charity. And yes, we give ALL to charity NO salaries to officers, no percentage to us, etc. I would like to ask the council to consider recinding the local law that blocks the usage for tickets won in such video games. To my knowledge we are the only community with this law, putting Iowa City charities behind the eight ball in be able to assist as many as we would love to help. Eve if it is only ammended to allow non profit orginizations this small break, it would help so many people. If their is anything I, or any other officer of the Eagles could do to answer questions or further this cause , please do not hesitate to contact us. Thanking you in advance, Tony Villhauer 155 Stanwyck Dr. Iowa City, IA 52240 (HM) 319- 471 -7978 Iowa City Eagles #695 225 HWY 1 west Iowa City, IA 52245 319- 337 -9505 February 1, 2010 Re: Gaming devices and alcohol prizes Dear Liquor Licensee: _ b, �r �x A • rrrlsat� -,� CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5030 (319) 356 -5008 FAX www.lcgov.org It has come to our attention that many licensees In Iowa City have gaming devices in their establishments that distribute tickets to winners with which they can purchase goods and services at the establishment While the devices are regulated by the State, and may be legal . under State law, licensees must be mindful of Iowa City Ordinance 4-5-7, as follows: 4-5 -7: LIMITATIONS ON SALES: A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its employees or agents, to do any of the following: 5. Encourage or-permit any game or contest or tournament of any kind which Involves drinking any alcoholic liquor, wine, or beer or the awbrding of alcoholic liquor, wine, or beer as a prize. (emphasis added.) Because of thQ limitations of this ordinance, no alcoholic . beverage, bar tab, or bar credit can be awarded as winnings from these gaming devices. More specifically, no winning tickets or vouchers can be redeemed for alcohol. It bears reminding that no alcoholic beverage, bar tab, -or bar credit can be awarded as a prize for any other contests, games or tournaments, such as Halloween or other costume contests. Should you have any questions regarding the legality of any drink special or contest, please do not hesitate to contact me. We prefer to help prevent violations rather.than prosecute them. Thank you for your consideration. S)ncerely, Eric R. Goers Assistant City Attorney oc:. Marian Karr, City Clerk Sergeant Denise Brotherton, ICPD Eleanor M. Dilkes, City Attorney i-s0 C M 1'J i Ak 40 RQ 0 JRP JLF aW X op 1`*O LV. a aftinning m Middle 2s 2 1730 1cc 730 c 1st Grade Di bell AR AA is DPA 15 NR ■ Beginning m middle City of Iowa City 11 MEMORANDUM DATE: February 11, 2014 TO: City Council FROM: Eleanor M. Dilkes, City Attorney RE: Browne Appeal of Denial of Application for Permit in City Plaza On the agenda for February 18 is an appeal hearing of a denial of an application for a permit for a public assembly in City Plaza. In your packet you will find copies of Anthony Browne's Application for Parade /Public Assembly Permit, Simon Andrew's denial of the application, Mr. Browne's request for an appeal, and letter from Susan Dulek notifying Mr. Browne of the appeal hearing date and time. After hearing from Mr. Browne and Mr. Andrew you may affirm, reverse or modify the staff decision "based upon the standards" set forth in the City Code for the issuance or denial of a permit. See Section 10- 1 -5(B). To that end, I am also attaching copies of Sections 10 -1 -2, 10 -1 -3 and 10 -1 -4 of the City Code which detail the permit requirements and the standards on which your decision must be based. Although not relevant to this appeal, I have also attached Ordinance No. 13 -4559, which amends Section 10 -1 -4 but has not yet been codified Enc. Cc: Applicant Anthony Browne — w /enc. Thomas M. Markus, City Manager — w/enc. Geoff Fruin, Asst. to the City Manager — w/enc. Marian K. Karr, City Clerk — w /enc. Simon Andrew, Administrative Analyst — w /enc. Sterling Codifiers, Inc. Page 2 of 8 PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and /or intended primarily for pedestrian use. B. Exemptions: The following are exempt from the provisions of this chapter: 1. Funeral processions. 2. A gathering of an affiliated group or subpart thereof. 3. Spontaneous events responding to news or affairs coming into public knowledge within three (3) days of such public assembly or parade provided that the organizer thereof gives written notice to the city manager or designee at least one hour prior to such parade or public assembly. (Ord. 04 -4125, 5 -4 -2004) 10 -1 -2: PERMIT AND COMPLIANCE REQUIRED: A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a parade or public assembly without first having obtained a parade /public assembly permit as provided in this chapter. B. No person shall knowingly participate in or conduct a parade or public assembly unless a parade /public assembly permit has been obtained. C. All parades and public assemblies shall be conducted in accordance with the provisions of the parade /public assembly permit and shall be in compliance with all applicable state and local laws. No person shall knowingly fail to comply with the terms and conditions of a parade /public assembly permit. D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in any parade or public assembly. (Ord. 04 -4125, 5 -4 -2004) E. No parade or public assembly permittee may sell a good or a service unless the event: 1) reasonably expects to draw more than five hundred (500) persons or occupy a substantial area within City Plaza or a similar area within the downtown; and 2) is a http:// www. sterlingcodifiers .com /codebook/printnow.php 1/30/2014 Sterling Codifiers, Inc. Page 3 of 8 community wide attraction that supports the economic vitality of the downtown. "Downtown" is defined in section 8 -5 -2 of this code. (Ord. 11 -4435, 6 -21 -2011) F. No parade or public assembly permittee may use amplified sound unless it either meets the criteria set forth in subsection E of this section or a business located in the downtown obtains a permit for musicians to perform on the sidewalk in front of the business. "Amplified sound" is defined in section 6 -4 -2 of this code. Notwithstanding the provisions herein, the director of the parks and recreation department may approve the use of amplified sound in city parks pursuant to written rules. (Ord. 11 -4435, 6 -21 -2011; amd. Ord. 13 -4521, 4 -9 -2013) This section has been affected by a recently passed ordinance, 4559 - PARADES AND PUBLIC ASSEMBLIES. Go to new ordinance. 10 -1 -3: APPLICATION FOR PERMIT: A. Filing Application: 1. An application for a parade /public assembly permit shall be filed with the city manager or designee by any person or group of persons desiring to use any public right of way as provided in this chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the parade or public assembly. 2. All applications shall be filed at least three (3) working days in advance of the date of the requested use. 3. Applications shall be made on forms prepared by the city manager or designee. B. Application Form: The application form shall contain the following information: 1. Name and address of the applicant. 2. An acknowledgment to be signed by a natural person that he or she has authority to act on behalf of the group that is requesting the permit. 3. The type of event that is planned, namely parade, or public assembly. 4. Proposed location or locations. 5. Expected size of group. http:// www. sterlingcodifiers .com /codebook/printnow.php 1/30/2014 Sterling Codifiers, Inc. 6. Date, time and expected duration of the use. Page 4 of 8 7. Names and contact information of the person(s) to be present at and who will serve as the contact person(s) for the applicant at the proposed parade or public assembly. 8. List and description of mechanical or electronic equipment to be used, including sound amplification. 9. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 10. Number and type of any animals to be used. 11. Proposal to monitor the event, including the names of any person not employed by the city who will be responsible for setting up, cleaning up, or maintaining order and whether the police department will be needed to assist in maintaining order. 12. Proposal for cleanup. 13. Except if the parade or public assembly is held entirely on a public sidewalk, on City Plaza, or in a park and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk, city plaza, or park an agreement in which the applicant shall agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of public property and the public right of way. 14. Except if the parade or public assembly is held entirely on a public sidewalk, on city plaza, or in a park and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk, city plaza, or park, insurance is required in the reasonable amount necessary to minimize risk of harm to persons and property based on the nature and size of the event, as determined by the city's risk manager. The speech content of the parade or public assembly shall not be a factor in determining the amount of insurance. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. 15. Any other information that the city manager or designee finds necessary. (Ord. 04- 4125, 5 -4 -2004) 10 -1 -4: ISSUANCE OR DENIAL OF PERMIT: A. Standards For Issuance Of Permit: The city manager or designee shall grant or deny the application for a permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefor within seven (7) working days http:// www. sterlingcodifiers .com /codebook/printnow.php 1/30/2014 Sterling Codifiers, Inc. Page 5 of 8 of the application being filed, and no later than the day prior to the event assuming the application is timely filed. The city manager or designee shall examine the application and shall grant a permit if the following conditions are met: 1. The use will not unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area in light of the date and time of said proposed use. 2. The proposed public right of way can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. 3. The proposed use or activity is compatible with the normal activity of the proposed public right of way at the requested time or date. 4. The application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. The event will not interfere with either another event for which a permit has already been granted or an event organized and conducted by the city for the same date and time. 6. The use will not substantially interrupt the flow of street and /or pedestrian traffic. 7. The use will not require the excessive diversion of police from other duties or substantially interfere with the city's firefighting operations. 8. The use does not create undue health or safety hazards. 9. All applicable fees have been paid. 10. The application is fully completed and executed. 11. The indemnification agreement has been signed, if applicable. 12. A certificate of insurance showing compliance with this section has been provided, if applicable. 13. The application contains no material falsehood or misrepresentation. 14. The applicant is legally competent to contract and to sue and be sued. 15. The applicant has not damaged city property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the city. 16. The use or activity intended by the applicant is not prohibited by law. 17. The applicant paid cleanup costs, if any, within thirty (30) days of the date of invoice as the result of a previously issued permit. http://www.sterlingcodifiers.com/codebook/printnow.php 1/30/2014 Sterling Codifiers, Inc. Page 6 of 8 18. Additional police protection, if required under this chapter, has been secured. B. Contents And Conditions Of Permit: The permit shall contain the following information: 1. Name, address, and telephone number of permittee. 2. Time, date and place of the permitted activity. 3. If a parade, the route and staging area. 4. Number of monitors or policing personnel required for safe use of the public right of way. 5. Such other information that the city manager or designee finds necessary for the enforcement of this chapter. (Ord. 04 -4125, 5 -4 -2004) 10 -1 -5: APPEALS REGARDING ISSUANCE OR DENIAL OF PERMIT: A. Any party aggrieved by the city manager's or designee's decision to grant or deny a permit under this chapter may appeal the determination to the city council if, within five (5) working days after the decision, the party files a written notice of appeal with the city clerk. In such event, a hearing shall be held by the city council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with chapter 21 of the Iowa Code. B. Upon such hearing, the city council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the city manager's or designee's decision. The city council's decision is the final decision. (Ord. 04 -4125, 5 -4 -2004) 10 -1 -6: REVOCATION OF PERMIT: A. The city manager or designee, or the city council if issued following an appeal, may revoke a parade /public assembly permit if: 1. It is determined that the permittee has misstated any material fact in the application; http:// www. sterlingcodifiers .com /codebook/printnow.php 1/30/2014 Sterling Codifiers, Inc. Page 1 of 1 Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail. Publish 10/24 ORDINANCE NO. 13 -4559 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO LESSEN THE INSURANCE AND INDEMNIFICATION PROVISIONS AND MAKE THEM CONSISTENT WITH THE PERMIT FEE REQUIREMENTS. WHEREAS, Section 10 -8 -1 requires that applicants for parade /public assembly permits provide insurance if the event is in the street or if equipment and other items are placed on the sidewalk, city plaza, or in a park; WHEREAS, events in which less than one block is closed, even if equipment or other items are placed on the street, and which last under six hours, pose less risk to the City than events that take place over multiple blocks and that last more than six hours; WHEREAS, applicants required to pay a permit fee should also be required to have insurance and indemnify the City; and WHEREAS, it is in the City's interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Subsection B13 and B14 and substituting the following in lieu thereof: B13. If the parade or public assembly requires equipment, cables, objects, structures, or similar items to be placed on city plaza, on a sidewalk, or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more than one block, the applicant shall agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of public property and the public right of way. Block means the area on the street in a residential zone between two intersections or between an intersection and the stub /termination of a street or 500 feet in a nonresidential zone. The indemnification requirement may be waived if applicant demonstrates inability to indemnify. B14. If the parade or public assembly requires equipment, cables, objects, structures, or similar items to be placed on city plaza, on a sidewalk, or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more than one block, insurance is required in the reasonable amount necessary to minimize risk of harm to persons and property based on the nature and size of the event, as determined by the city's risk manager. Block means the area on the street in a residential zone between two intersections or between an intersection and the stub /termination of a street or 500 feet in a nonresidential zone. The speech content of the parade or public assembly shall not be a factor in determining the amount of insurance. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of October, 2013. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk http:// www. sterlingcodifiers .com/codebook/printnow.php 1/30/2014 r 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 't (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org January 30, 2014 Mr. Anthony Browne PO Box 66 Iowa City, IA 52244 Dear Mr. Browne: This letter is to notify you that the City Council will hear the appeal of the denial of your application for a parade /public assembly permit at the City Council meeting on February 18, 2014 at 7:00 p.m. in the Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa. Sincerely, Susan Dulek Assistant City Attorney Appeal of Denial of Application for Public Assembly Permit ! To GTE' 1. The full text of § 10- 1 -2(E) is: "E. No parade or public assembly permittee may sell a good or a service unless the VW UT I k to event: 1) reasonably expects to draw more than five hundred (500) persons or occupy a substantial area within City Plaza or a similar area within the downtown; and 2) is a community wide attraction that supports the economic vitality of the downtown. "Downtown" is defined in section 8-5 -2 of this code." The text highlighted in green above would apply to our event and clearly provides that 500 or more persons are not required to attend our event to be granted an exemption to sell goods. We intend to assemble in most of City Plaza, which we believe is a substantial area within City Plaza required under § 10- 1 -2(E). Even if the 500 person rule applied, we expect 2000 or more persons to attend. The fact that the persons assembling could be there for multiple reasons does not mean they do not count for the purposes of the 500 person rule and our event. Regarding the intent to invite other street food vendors, like the Jazz, Arts, or Soul Fests, we would like the ability to add or remove vendors based on their availability. We will try to confirm vendors before the appeal hearing before the city council. Lastly, using common dictionary definitions, we are inviting the Johnson County community and beyond to attend our event. Therefore, we believe it meets the definition of community-wide event required to get the exemption to sell goods under § 10-1-2(E). 2. As stated in the application, we intend to provide an electric generator, if necessary. Also stated in the application, all of the food trucks are self - sufficient electrically. Only the DJ, food carts, and potentially some other food vendors would need electricity. We would like to use the City of Iowa City's electric if at all possible. We would like to work with city staff to in any way regarding electrical usage. We could completely rely on generators, if need be. ti _ o 3. The question under § 10- 1 -4A(3) is whether the event and the normal Fg� P*a —n activity are "compatible." We believe and assert that our event and theA�tix-f food — carts are indeed compatible. The City Manager has never denied a penotto 6fh,, r� events with food vendors, such as the Jazz, Arts, or Soul Fests. These e?Qts &e m frequently granted permits, meaning these events have been determinaVo bap compatible with the existing food carts. We believe out event is equallomp� ble. We will try to confirm vendors before the appeal hearing before the city council. We will seek the input from the existing food carts on whether our event is compatible with their operations. 4. The question under § 10- 1 -4A(5) is whether the event would "interfere" with another event for which a permit has already been granted. We believe and assert that our event would not interfere with the existing food carts. The City Manager has never denied a permit to other events with food vendors, such as the Jazz, Arts, or Soul Fests. These event are frequently granted permits and it has been determined that they do not interfere with the existing food carts. We believe out event would equally not interfere with the existing food carts. Again, we will try to confirm vendors before the appeal hearing before the city council. We will seek the input from the existing food carts on whether our event is compatible with their operations. �M11��1��ltV �2dk� o� 92 � C- x � C-) -< I �. � C r M 2 r CITY OF IOkti'n CITY APPLICATION FOR PARADE /PUBLIC ASSEMBLY PERMIT (Note: A permit is not required unless the group using the streets, City Plaza, or the sidewalk has more than 25 people or unless the group using a park has more than 100 people.) If a parade or public assembly will be in on the sidewalks and /or streets and /or City Plaza, return the completed application to City Manager's Office, 410 E. Washington Street. Tel: 356 -5010. If a parade or public assembly solely will be in a park, return the completed application to the Parks /Forestry/CBD Division, 2275 S. Gilbert St. Tel. 356 -5107. 1. APPLICANT'S NAME: Mobile Vending Association of Iowa City, Hillery's BBQ — Attn: Anthony Browne 2. APPLICANT'S ADDRESS: Hillery's BBQ, Attn: Anthony Browne, PO BOX 66, Iowa City, Iowa, 52244 3. PHONE NUMBER/E -MAIL: 319.541.2149 4. EVENT NAME: Iowa City Food Truck and Cart Fest 5. TYPE OF EVENT: (circle one) Parade Public Assembly 6. DATE OF EVENT: 04/19/20 1 4 Start Time: 1 1A End Time: 7PM 7. EXPECTED NUMBER OF ATTENDEES: 2000 N C= Q �. C-) - =F c> ru W Cr rn rl M � 0 cn 0 8. EVENT LOCATION: —� NI ( )City Plaza - circle one of the follow Mini Park Fountain Multiple locations Area Area (include a map) ( ) City Street Name of street(s) and include a map ( ) Park: Name of park: Note: Park shelters, ball fields and other facilities must be reserved separately by contacting the Park & Recreation Dept. at 356 -5110. Name and contact information of person to be present at event and who will serve as the contact person(s) for the applicant at the proposed parade or public assembly. Contact Person: Anthony Browne 319.541.2149 9. List and describe all mechanical or electronic equipment to be used, including sound amplification, and state where it will be located: The mechanical or electronic equipment that will be used are mobile vending units and DJ amplification equipment. The equipment will be located in the fountain area of City Plaza. Food trucks are electrically self- contained (generators), while the food carts and trailers need an electric source. A generator will be obtained by the organizers, if necessary. 10. State the number and type of any motor vehicles or other forms of transportation to be used including bicycles: 10 -15 mobile vending units. 11. State the number and type of any animals to be used: none 12. Will extra trash receptacles be needed? Yes X No If yes, how many: max 13. Proposal to monitor the event, including the names of any person not employed by the City who will be responsible for setting up, cleaning up, or maintaining order and whether the police department will be needed to assist in maintaining order: Mobile Vending Association of Iowa City; Anthony Browne /Hillery's BBQ; and any mobile vendor participants. 14. Proposal for cleanup: Mobile Vending Association of Iowa City; Anthony Browne /Hillery's BBQ; and any mobile vendor participants will clean up the location after the event. 15. Is water connection requested? Yes X No If yes, explain for mobile vendors, 0 16. Is electricity requested? Yes X No If yes, explain for mobile vendors C) 17. Describe any items to be sold or distributed: Street food C-) M C) ADDITIONAL INFORMATION: The Iowa City Food Truck and Cart Fest will be held as a city wide event to support the economic vitality of downtown. In support thereof, the Mobile Vending Association of Iowa City would like to invite the following licensed and insured mobile vendors who currently operate in Iowa City to participate in the event and sell street food, if the permit is granted: i. Hillery's BBQ (food trailer) ii. Local Burrito (food truck) iii. Box Lunch (food truck) iv. La Michoac6n (food truck) V. Marco's Grilled Cheese (food cart) vi. Pop's Italian Beef (food cart) vii. Paco's Taco's (food cart) viii. George's Gyros (food cart) ix. Corn -Roc (food cart) X. Moe's Eggstravagant (food cart) Additionally, the Mobile Vending Association of Iowa City would like to invite other mobile vendors for a total of not more than 15 mobile vendors. Any mobile vendor participants will need to have a license from the State of Iowa to sell food and have valid insurance. Examples of other mobile vendors that would be invited are known Farmer's Market street food vendors. The event will have a DJ that will play festive music fit for a family setting using sound amplification equipment set up in the area near the fountain. The Mobile Vending Association of Iowa City will provide information on our website: and generally increase awareness as April 191h approaches through a wide variety of means, such as, but not limited to, Facebook and Twitter, should the permit be granted. The Mobile Vending Association of Iowa City requests that the event therefore be granted the exemption to sell goods under § 10- 1 -2(E). as C-)-< rn ye. cat 0 If the applicant is not an individual, the person signing this application acknowledges that he or she has the authority to act on behalf of the group that is requesting the permit. 6 r, 5� Signature of Applicant Date ' -J INDEMNIFICATION AGREEMENT If insurance is required, the applicant agrees to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. (non - University of Iowa events only) For University of Iowa Events, the applicant agrees to the following: In consideration of the City's grant of a permit to use City of Iowa City Streets, Public Grounds, Plaza, and /or Parks for the purposes specified in this application, The University of Iowa agrees that it will, to the extent permitted by State law, defend or provide a defense to the city, its officers, agents, and employees, against any and all claims, suits, actions, debts, damages, costs, charges, and personal injury, including death resulting directly or indirectly there from, arising from any act of negligence of The University, either active or passive, in using or supervising use of City of Iowa City Streets, Public Grounds, Plaza, and /or Parks by the applicant organization, its employees, officers, or members pursuant to the terms of, and for the purposes specified, in this application. If insurance is required, the applicant agrees to provide the certificate of insurance to the City by the last working day prior to the event. (For additional information on insurance, see "Parade and Public Assemblies Information Sheet. ") l Signature of Applicant Date APPEAL RIGHTS Any party aggrieved by the City Manager's or designee's decision below to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. r,J C-) s' C-) r") OLD M3:110 m cn FOR CITY USE ONLY: NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION The application is approved. / The application d nie cause ",.Cz �- 9��� I /-1,3 /1� City Manager or Designee Date / Please Note: Any route changes after approval must be resubmitted to the City for review 0 E; :*Cl) >� =<r- rn cj January 23, 2014 ®pi CITY OF IOWA CITY Anthony Browne 410 East Washington Street PO Box 66 lowa City. Iowa 52240-1826 Iowa City, Iowa 52244 (3 19) 356 -5000 (319) 356 -5009 FAX Dear Mr. Browne, www.icgov.org The public assembly /parade permit application dated January 15, 2014 is denied for the following reasons: City Code prohibits the use of public spaces (streets, sidewalks, and parks) for commercial purposes unless the use is specifically allowed under City Code. Under section 10 -1 -2E, no parade or public assembly permittee may sell a good or service unless the event: 1) reasonably expects to draw more than five hundred (500) persons or occupy a substantial area within City Plaza or a similar area within the downtown; and 2) is a community wide attraction that supports the economic vitality of the downtown. This event is not reasonably expected to draw more than 500 persons. Given that six of the vendors listed as invitees are already permitted and operate in City Plaza, any of their patrons that were drawn to downtown specifically for their products would already be downtown in the absence of this event. Therefore, it cannot be claimed that these persons would be drawn to downtown for this event. It is not reasonable to expect the remaining vendors to draw more than 500 persons. It should also be noted that the application states that the applicant "would like to invite" these other vendors; we do not have an indication of their intentions to participate in the event. Further, the event is not a community -wide attraction that attracts people to Iowa City, such as Jazz Fest or Arts Fest, given that the proposed activity occurs downtown on a daily basis throughout the vending season. 2. City Code section 10- 1 -4A(2) states that the proposed public right of way must be able to accommodate the group use. The mobile vendors currently permitted downtown are located in such a way as to minimize the burden on City Plaza's electrical system. It is not clear that one location, whether in the fountain or mini -park areas, has the electrical capacity to support the number of vendors in addition to the DJ that the applicant is proposing. This would have to be evaluated with the specifics of the proposed vending carts; again, it is not clear that the vendors listed on the application intend to leave their permitted locations for a day to vend from a central location. 3. City Code section 10- 1 -4A(3) states that the proposed use or activity must be "compatible with the normal activity of the proposed public right of way at the requested time or date." Normal activity on City Plaza includes the six mobile vendors that pay a fee to the City to engage in commercial activity. The proposed use is not compatible with this normal activity. 0 4. City Code section 10- 1 -4A(5) states that "The event will not interfere with eithiS another event for which a permit has already been granted or an event organized and conduct thity ft31"�"� the same date and time." As noted above, the City has granted mobile ve �petits f� which permit holders pay a fee to engage in commercial activity. The proposeay -brit t t&rferr -- with these previously granted permits. r-- _� a M The application states that Farmer's Market vendors would also be invited tot nt lea h note that the proposed event occurs two weeks before the first Saturday Farfier's carket of Cn January 23, 2014 Page 2 2014. The Winter Farmer's Market is also currently operating on Saturdays from the Iowa City Market Place (formerly Sycamore Mall). For information on product guidelines and the process for applying for a stall, please visit www.icgov.org_/farmersmarket or call (319) 356 -5487. 0 -� a k ={M M 3;:o cn Q Marian Karr From: Diane Dillon <popsbeef@g mail. com> Sent: Monday, February 17, 2014 7:44 AM To: Council Subject: Mobile Vending Good Morning, I am writing to you in regards to the appeal of the public assembly permit application that a Mr. Brown is bringing to the city council at Tuesday nights meeting. As one of the six licensed vendors on the pedestrian mall I wanted to let the council know that I, nor the other five licensed vendors are not associated with this Mr. Brown or the Mobile Vending Association of Iowa City. I felt that clarification was necessary because of this Vending Association that he has established seemed to give the impression that the licensed vendors were members of this group, which in fact is not true. Diane Dillon Pop's Italian Beef Iowa City, IA