HomeMy WebLinkAbout2015-10-06 Correspondence4f(1)
Marian Karr
From: Anne Duggan <annem.duggan@gmail.com>
Sent: Thursday, September 24, 2015 1:27 PM
To: Marian Karr
Subject: Fwd: Mormon Trek Road Diet
Here's a copy of the email.
Thanks for checking.
Anne
Sent from my iPad
Sent from my iPad
Begin forwarded message:
From: Larry Fitzpatrick <laplandlarry(d)gnail com>
Date: September 3, 2015 at 8:01:46 PM CDT
To: council(d)iowa-city org
Cc: Tom-MarkusaIowa-City.org, Geoff-FruinAa Iowa -City org, Kent-Ralston(d,)Iowa-City.or�,
Brian Loring <brianAa ironweedbp.com>, mawwwk(a,gmail.com, jennifer.selby(a foth.com, Anne
Duggan <annem.duggan(a gmail.com>, boboppligerAq.com,
thinkbicycles(a thebrokenspoke.com
Subject: Mormon Trek Road Diet
Mayor Hayek, Council Members
Cc: Tom Markus, Geoff Fruin, Kent Ralston
I want to encourage the city staff and council to base the decision to implement the Road Diet (3 -
Lane Conversion) on Mormon Trek on fact, rather then fear of the unknown. Road Diets have
improved safety for car traffic and access to business all over the United States and in
communities near Iowa City. Data from Minnesota DOT shows the highest urban crash rate for
undivided 4 -lane streets. Converting to 3 -lane reduced crashes to the same level as divided 4 -
lane street.
US -75 is the main drag through Sioux Center, Iowa. Daily traffic counts average 8-14,000 per
day. Concerns before conversion to 3 lanes were excessive speeding, difficulty entering and
crossing and pedestrian crossings. After conversion vehicles traveling more than 5 mph above
the speed limit (25 mph) was reduced by -70% and travel time at peak hour was only increased
by +36%. Crashes were reduced by -57% and personal injury crashes were reduced by -100%.
This data from "4 -Lane to 3 -Lane Conversions" by Tom Welch P.E. Iowa DOT
htt�//www iowadot gov/iowabikes/pdf/Road%20Diet.pdf shows 3 -lanes are much safer for
motor traffic and achieved positive results in every conversion done by Iowa DOT.
Mormon Trek Boulevard is a dangerous street for motor traffic. The TSIP created by city staff
states there were 89 crashes, 28 injuries and one fatality in the 5 year period ending in 2012.
Apply the percentages stated above to these numbers and you can see a huge improvement to
driver safety and access to businesses along Mormon Trek.
I was involved in a left hand turn accident in Iowa City about 10 year ago. Any left hand turn is
dangerous, United Parcel Service plans its deliveries so drivers aren't required to make left hand
turns. We all can't be so lucky, so please look at the data, a Road Diet is a motor vehicle safety
improvement and an asset for business along the street.
Larry Fitzpatrick
115 Montrose Ave.
Iowa City, Iowa
52245
4f(2)
Marian Karr
From: Dawn Jones <dawnj@netins.net>
Sent: Friday, September 11, 2015 11:17 AM
To: Council
orkshop, Saturday October 17, 9:00 to noon, Schwab
Subject: Invitation to Community Rights W
Auditorium, Coralville Public Library
Attachments: Background ForFlyerSept10.pdf; Paul Workshop_Flyer_Fall_2015.pdf
Dear Council Members,
I am writing to let you know about a different governing process that 100Grannies.org has been studying
for the last six months. Community rights ordinances are a way for localities to attempt to reject state pre-
emption and step outside the regulatory agencies seemingly automatic permitting process.
Saturday morning, October 17, Paul Cienfuegos, dynamic community rights educator, will be presenting his
introductory workshop, "We the people are more powerful than we dare believe." The workshop will be held in
Schwab Auditorium, Coralville Public Library, from 9:00 to noon. The members of the Community Rights
Task Force, hope that you will attend. The workshop will explain why communities have so seldom been able
to make any of the important changes that are necessary; and Paul will teach us how we can regain the power to
write legally binding, locally enforceable ordinances that can create the community we want to live in and
bequeath to further generations.
Attached are two .pdf's that give details of the workshop and a statement by the Grannies' Community Rights
Task Force about the importance of the community rights process.
Thank you,
Dawn Jones, one of 100 Grannies for a livable future, 100Grannies.org
1430 Hemlock Avenue
Wellman Iowa 52356
(319) 646-6712
Community Rights Statement by 100 Grannies for a Livable Future
Today we find ourselves in a world predicated on constant growth, development, and
extraction - and traditional environmental advocacy only tinkers around the edges of
this system. Unsurprisingly, more than forty years after our major environmental laws were
passed things have gotten worse, from species loss, to toxins in the environment, to
global warming.
We are convinced that the only chance we have to retain a livable planet is to step
outside of the conventional legal system. We are basing our authority to do that on the
Declaration of Independence and the Iowa Constitution, Article 1, Bill of Rights, Section 2 which
states: "All political power is inherent in the people. Government is instituted for the protection,
security, and benefit of the people, and they have the right, at all times, to alter or reform the
same, whenever the public good may require it."
We in the 100 Grannies for a Livable Future, have come to understand that we can no
longer expect our elected, heavily -lobbied state and federal officials, or their government
regulatory agencies, to prevent corporations from harming us and destroying the natural world,
which is the source of all life. We are determined to introduce a Community Bill of Rights
which will allow the Johnson County/Iowa City community to determine the
environment we wish to live in. We also intend to write and work toward passage of a
Johnson County ordinance and/or an amendment to the Iowa City Home Rule Charter that
incorporates those principles and enumerates the specific rights to be secured to the community
to enforce them.
We are committed to protecting this portion of the planet by opposing the current power
structures and to regain our democratic right to keep our children's children safe and our
beautiful planet healthy.
Background Information
At the encouragement of Miriam Kashia, a member of 100Grannies who walked across
America last year with the Great March for Climate Action, many of us participated in an online
class entitled "Democracy School" created by the Community Environmental Legal Defense Fund
(CELDF.org).
We learned that we as citizens do not have the democratic power that we thought we
had. We learned that our nation was never actually a democracy - when the Constitution was
signed, only 5 to 10 % of the people were eligible to vote and the men who wrote that
Constitution were wealthy aristocrats who wanted to maximize their profits from the land and
the natural resources they "owned." However, in the first three decades of the United
States, even these well-to-do landowners mistrusted corporations, and before any corporation
could be chartered by the state, it had to be passed by both chambers of the state legislature
and signed by the governor. Charters were only granted for a single purpose that would
do no harm and would serve the public good (for example, bridges or hospitals);
corporations had a limited life span; and they were not allowed to make contributions
to organizations or charities or to own any land beyond what was necessary to fulfill
their purpose.
Now we live in a world where corporations have privileges, like limited liability, as well as
the corporate constitutional "rights" that the Supreme Court has granted them over the last two
centuries A vivid example is that when the first oleo -margarine in the late 1800's was made
from meat packing waste, states and communities tried to protect themselves by prohibiting the
transportation and sale of these products, but those laws were ruled illegal (by the Supreme
Court) due to the corporations' rights under the commerce clause of the Constitution. Also,
during the time of industrial expansion in the U.S., corporations encouraged the
government to establish regulatory agencies that would appear to protect the public
but were really to act as a buffer between the corporation and the fear and anger of
the people. So the purpose of regulatory agencies is to direct citizen concern to one small area
of the problem. For CAFOs the allowed issue is manure management, for big box stores it is the
square footage of the store.
Approximately 200 communities in nine states have passed local Community Bill of Rights
ordinances to protect themselves from these and other threats to their health and wellbeing,
taking back their right to protect the public good.
Introductory Workshop* with
Paul Cienfuegos
National Community Rights Educator
Saturday, Oct. 17 - Coralville Public Library, Schwab Auditorium
Registration: 8:45 — 9:00 a.m.
Program: 9:00 — noon
Please use the underground parking in the Library Lot.
o :A mm�
*There will be a weeKena worKsnop wiui rduy ivvv=111_' I I�...__ _.
Saturday, & Sunday) at the Extension Building at the Johnson County fairgrounds.
You will learn
• Why counties and communities can't keep out harmful activities like Concentrated Animal Feeding
Operations (CAFOs), pipelines, and big box stores. PLUS: The dirty secret about regulatory agencies.
• Why corporations are "people," with more rights than human beings and nature is an exploited
commodity.
• Find out how we can change the system so that community rights take precedence over corporate
rights, and future generations and the rights of nature can be protected.
• How 200 communities in nine states have already passed legally binding, locally enforceable laws
that ban harmful corporate activities and rein in the "rights" of corporations; and we can do it too!
Paul Cienfuegos' work is at the cutting edge of social change, blending keen analysis with invaluable
experience in reclaiming our power from corporate hegemony. I am grateful for his passionate commitment to
democracy and ecological sanity. A lively speaker and a resourceful workshop leader, he helps us find concrete
steps toward building ajust and sustainable society.
- Joanna Macy, author of "Coming Back to Life"
Program brought to you by 300Grannies for a livable future
Please call or email one of us with questions or comments.
Dawn Jones Miriam Kashia Mary Beth Versgrove
dawniOnetins.net m1kashia43Ca)vahoo.c0m mb-versgrove@uiowa.edu
(319)646-6712 (319)459-1154 (319)621-7795
Link to the group that started community rights ordinances - CELDF.org
What Community Rights Is All About — Paul's 12 minute YouTube video -
https�//www.votitkibe.com/watch?v=8Prvini4N0L8
This workshop is FREE but donations are gratefully accepted to cover costs of Paul's visit.
No one will be turned away.
10-T=`��
4f(3)
Marian Karr
From: Kent Ralston
Sent: Friday, September 18, 2015 10:39 AM
To: 'stephanie-coupland@uiowa.edu'
Cc: *City Council; Geoff Fruin; Doug Boothroy; Marian Karr
Subject: RE: Request For Stop Sign
Hello Ms. Coupland - Your correspondence was forwarded to me for response. To implement an all -way stop, an
analysis must be completed showing that certain warrants for traffic volumes, collisions, and other criteria are
met. Staff completed such an analysis in 2014 that indicated that the necessary warrants (criteria) were not
satisfied. The study did however indicate that visibility should be improved at this location. Based on that finding, the
City has since removed on -street parking on both the northeast and northwest corners on Court Street and replaced it
with moped/motorcycle parking which greatly improves visibility. We also restrict parking near the intersection on the
south corners of Court Street to improve visibility for motorists as well as pedestrians. Regarding visibility at night, we
will check to make sure that the overhead street light is functioning properly and is not obscured.
Thank you for your correspondence. We will continue to monitor the safety of this intersection and make adjustments
as needed. Please feel free to contact me directly if you have any questions.
Best Regards,
Kent Ralston, AICP
Executive Director I Metropolitan Planning Organization of Johnson County
Transportation Planner I City of Iowa City
410 E. Washington St. Iowa City, IA 52240
319.356.5253
From: Coupland, Stephanie N [mailto:stephanie-coupland@uiowa.edu]
Sent: Tuesday, September 15, 2015 11:17 PM
To: Council
Subject: Request For Stop Sign
To Whom It May Concern,
Good evening! My name is Stephanie Coupland and I am a student at the University of Iowa. I live in Iowa
City, and I have noticed an issue with the intersection near my apartment. The corner of South Linn Street and
Court Street is currently only a 2 -way stop (vehicles on Court Street do not have a stop sign or a yield sign), but
I would like to request or petition for a 4 -way stop to be implemented at this intersection.
In the first month of school, I have seen two motor vehicle accidents as a result of limited visibility when a car
is coming from over the hill on Court Street. I have also witnessed an elderly woman with a cane not able to
cross the street for almost five minutes, because she would not be able to make it across in time. I fear for my
own safety at night when it is dark out, and I am also anxious with winter approaching. Ice or snow on the
road may make it difficult for me to cross the street quickly or for a vehicle to brake in time to avoid hitting a
car or a person crossing Court Street.
I am not sure if the City Council is who I should be contacting for this, but if it is, could you please advise me in
how I may proceed to petition for this change? If not, can you direct me to the person I need to speak to in order
to continue with this case?
Thank you very much for your time, I hope to hear from you soon.
Stephanie Coupland
The University of Iowa I Tippie College of Business
Director of Service I Alpha Kappa Psi - Alpha Xi
Career Peer Advisor I Pomerantz Career Center
Marian Karr 4f(4)
From: Jerry <dansk@mchsi.com>
Sent: Tuesday, September 22, 2015 2:48 AM
To: Council
Subject: PIN Grant
Attachments: PIN Grant.eml
Dear City Council,
My name is Jerry Hansen and I live in the Grantwood-Wetherby neighborhood. This year our
neighborhood put in for and received a PIN Grant for additional Police patrol for the months of
July, August and September during the weekends. We have experienced many incidents of young
people having no respect for property, authority or residents. This has also be experienced all over town at
Robert A. Lee, Mercer, the public library, the PedMall, our City Parks, City busses, school busses, schools and
our neighborhoods in general. The general response has been to protest the way Police are handling the
individuals who are committing the crimes or being unruly and unresponsive to Police requests. There have
been Council members who have talked to the media and said that the Police can do better and the Police need
more training. I have a tip for the people resisting the Police requests, don't do the crime, cooperate and none of
these alleged aggressions by the police will happen. As far as how we can do better, I think the Council should
back our Police, that would be better.
I received an e-mail from Captain Kelsay a while back keeping our neighborhood apprised of the
progress of our PIN Grant. I have attached it for you to examine. It speaks volumes about how the
Police view their position in our community and the eyes of City Council. Since receiving this e-
mail Cindy Roberts and I have met with the Police chief and Captain Kelsay about this situation
and were assured by the Chief that all was well with the Police and the City. We were also told that
after a meeting with city officers all was well. We were told that our request for additional patrols
was to be reposted and there should be no problem filling the time requested. The Chief suggested
we have more meetings with local clergy as they have been able to do many good things to solve
the problems with these youth that we requested the PIN Grant for. If they have, then why aren't
things better? This is how the city side steps it's problems. More meetings and no action. Keep
people going to meetings and sooner or later they will give up and go away. I keep hearing from
people who should know that the police are being told to back off arresting or confronting these
kids. Since our request for additional patrols has gone unanswered I am going to assume that
things are not good between our officers and the City and that they are being told to back off.
Congratulations, you have now even managed to alienate our Police force and make my
neighborhood a less safe place to live this summer. Just how are we supposed to go forward with
our PIN Grant if the Police will not sign up for the overtime because of their perceived lack of
support from the City they are sworn to protect?
Sincerely,
Jerry Hansen
Burns Ave.
1
Marian Karr
From: Troy Kelsay <Troy-Kelsay@iowa-city.org>
Sent: Friday, July 31, 2015 3:33 PM
To: 'dansk@mchsi.com'
Cc: Denise Brotherton; Derek Frank; Chris Akers
Subject: PIN Grant
Jerry —
So far, no officers have volunteered for the PIN Grant OT to patrol the two parks for the month of August. In talking
with officers, it appears some are reluctant to do so because of the perceived backlash following a recent incident at the
Rec Center where a juvenile was physically taken into custody after he refused to leave when ordered to do so by an
officer. A vocal group of IC residents believe the incident was motivated by, or influenced, by real or implicit bias. Some
officers apparently perceive a lack of support and are reluctant to expose themselves to similar criticisms.
Regardless, I have spoken to the Evening Watch supervisors and made it clear that every effort should be made to
dedicate available patrol resources to Grantwood and Wetherby Parks, particularly on Friday and Saturday
afternoons/evenings. They may not be able to maintain a continuous of presence, but officers will be directed by their
supervisors to spend time in the parks/neighborhoods. I believe it is important to maintain and build the
neighborhood/police partnership toward responding to issues.
Have a good weekend,
t.
Troy A. Ke/say #93
Captain — Field Operations
Iowa City Police Department
(319) 356-5440
FBINA #250
l
Julie Voparil
From:
Simon Andrew
Sent:
Thursday, October 01, 2015 4:24 PM
To:
Julie Voparil
Cc:
Tom Markus
Subject:
FW: Pin Grant
Julie,
Can you please include this as a late handout on Monday? It is staff response to 4f(4) correspondence. Thank you!
Simon
From: Sam Hargadine
Sent: Thursday, October 01, 2015 1:10 PM
To: 'dansk@mchsi.com'
Cc: Council
Subject: Pin Grant
Mr. Hansen,
While I appreciate the past support you've shown to the Iowa City Police Department and your commitment to the Grant
Wood -Wetherby Neighborhood, I do not share your perspective on many of the points in your email.
There have been a number of incidents in your neighborhood and throughout the city involving disrespectful behavior by
youths, which in itself is not a criminal offense. It is unfortunate that the police are often the only available resource to
address these quality of life issues as they are occurring. Officers are interjected into situations with the unrealistic
expectation that they can compel respectful behavior.
Your underlying complaint appears to be that not enough enforcement action is being taken against youth using profanity or
engaged in boisterous or disrespectful behavior. Poor behavior alone does not justify an arrest. Arresting juveniles for this
type of behavior is not an effective solution.
I disagree with the statement that, "The general response has been to protest the way Police are handling the
individuals..." While there has been some criticism, there has also been a genuine, concerted effort to address the underlying
issues including: lack of supervision; lack of positive role models; lack of clear expectations; lack of understanding; and lack of
supervised activities. These efforts include a mix of community members and groups, including the Iowa City Police
Department. I steadfastly believe the majority of the community is supportive of the Iowa City Police Department. I also
strongly disagree with your comments that the City Council is not supportive of the Iowa City Police Department on this
issue. Comments favoring additional training and professional development do not indicate a lack of support for the Police
Department. Let me be perfectly clear on this point, I also believe we can do better, that we should always strive to do better,
and that more training is almost always beneficial. The City Council is supportive of the Police Department.
There was a period of time in August when officers were not volunteering to work the Grant Wood -Wetherby PIN Grant for a
variety of reasons. There were also other overtime assignments that the Police Department was not able to staff during that
same time period which had nothing to do with current events or political climate, but rather with the Police Department
working short-staffed. The Police Department was requiring overtime to maintain Patrol minimums due to a number of
officers on various extended leaves. Staffing issues were aggravated by Friday night high school football games and the
Saturday UI football games. When we were unable to staff the PIN grant position, Patrol was directed to divert resources to
the Wetherby Park and Grant Wood Park areas to provide a presence during the days and times specified by the grant.
I met with Union leadership the week of August 17 and held a department wide meeting on August 25 to discuss current local
and national events as they related to the Police Department. Since August 29, all Grant Wood -Wetherby PIN Grant dates
have been filled with the exception of September 11. Officers have worked nearly 65 hours toward the 78 hours budgeted by
the PIN grant. The Police Department exhausted nearly all of the grant money in the manner prescribed by the grant.
I personally met with you and other residents of your neighborhood and separately with local leaders and mentors involved
with minority youth -issues; including some local clergy. I offered to help facilitate a meeting between representatives of your
neighborhood and these community leaders in the hopes of identifying and resolving some of the nuisance behavior you
described. I offered this as a means to find a more meaningful and lasting solution to the issues negatively impacting your
neighborhood. No one from your neighborhood stepped forward to meet with those community leaders that agreed to
participate.
You claim your requests for additional patrols have gone unanswered. That is absolutely untrue. Proactive officer presence in
your neighborhood has increased. Finally, I would like to reiterate that I have met with several City Councilmembers regarding
numerous topics and listened to them speak about the Police Department as a whole and I know that they are supportive and
committed to quality of life issues for their constituents.
Samad E.MaWaditw
Chief of Police
Iowa City Police Department
410 E. Washington St.
Iowa City, IA 52240-1826
2
I 0 -or -Tr,
Marian Karr 4f(5)
From: Mark Signs <mark@bigguyhomes.com>
Sent: Wednesday, September 23, 2015 3:17 PM
To: Council
Subject: County Minimum Wage Plan
Mr. Mayor and City Council Members,
I am writing to encourage you NOT to act to lower the minimum wage in the City of Iowa City, and to allow
the minimum wage increase plan approved by the Johnson County Supervisors to go into full effect throughout
Iowa City. The County Supervisors took some bold actions to develop and approve this much-needed
plan. And they made it easy for you, as local council members, to allow it to extend to all of Iowa City's
hardworking citizens — do nothing! Just let it happen. Be brave! ! And do it now. Make a positive and
lasting statement.
You've heard all the pros and supposed cons by now. You've likely researched the data. There is probably not
much more information I can add to the mix.
What I can say is that ALL Iowa Citians — especially those that serve our community, labor in our retail and
service businesses, and provide care for our children, our elderly and our disabled -- deserve the benefits of a
higher minimum hying wage. Period. There is something very wrong when those who work for us can't
afford to live with us.
PLEASE DO NOT ACT to lower the minimum wage for the working citizens of Iowa City!
Thank you,
iklih,."The Big Guy"
Mark A. Signs
REALTOR®
Remember ... the greatest compliment you can give me is a referral to a friend, family member or business
associate of yours. Thanks!
Coldwell Banker Real Estate Professionals
70 Sturgis Corner Drive
Iowa City, IA 52246
www.cbrep.com
mark(i0igguyhomes.com
Cell: 319-325-7750
Office: 319-351-3355
Fax: 319-351-6889
Licensed to sell real estate in the State of Iowa
Marian Karr
From:
Sally Scott <salwah.scott@gmail.com>
Sent:
Monday, September 28, 2015 3:00 PM
To:
Council
Subject:
Importance of Raising the Minimum Wage
To the City Council of Iowa City,
I am writing in support of the recent increase to the minimum wage approved by the Johnson County Board of
Supervisors.
I strongly support Iowa City maintaining, not revoking, that increase. As the Chair of the Johnson County
Affordable Homes Coalition, I am very concerned that 63.5% of renters in Iowa City are paying more than 30%
of their income on housing costs. In addition, individuals and families are moving out of Iowa City, or deciding
not to live here in the first place, because they can not afford to live here.
If more people were making $10.10 an hour instead of poverty wages, they could afford decent housing, and
other basic items.
The local economy is strong, and raising the minimum wage will allow more people to fully participate in that
economy.
Sincerely,
Sally Scott
205 Black Springs Circle
Iowa City, IA 52246
Julie Voparil
From:
Marian Karr
Sent:
Friday, October 02, 2015 9:31 AM
To:
Julie Voparil
Subject:
Fwd: Wages
Late handout
Sent from my iPhone
Begin forwarded message:
From: <jahensch(d,aol.com>
Date: October 2, 2015 at 9:27:18 AM CDT
To: <council&iowa-city.org>
Subject: Wages
City Council members:
We encourage you to join the county in the new minimum wage increase. In our county and our city
we have many people working at low wage jobs trying to maintain a home for their families. In a
country as wealthy as ours, no one should have to work two to three jobs for the basic necessities. You
and the opposing employers should look at areas where decent wages are paid and see that the results
are worth the cost. We are retired and certainly not wealthy, but we would be willing to pay more for
products and services to ensure that others are able to earn a decent wage.
Thank you for giving this matter serious consideration.
Howard and Jo Hensch
3111 Balfour Place
Iowa City, Iowa
Julie Voparil
From: Marian Karr
Sent: Friday, October 02, 2015 6:39 PM
To: Julie Voparil
Subject: Fwd: Choose Not to Act Against County Wide Minimum Wage
Late handout
Sent from my iPhone
Begin forwarded message:
From: Garry Klein <ga klein9gmail.com>
Date: October 2, 2015 at 5:24:05 PM CDT
To: <councilgiowa-city.org>
Subject: Choose Not to Act Against County Wide Minimum Wage
Dear City Council Members,
If the role of a city council is to make decisions on behalf of its community residents to the extent the
law allows, it strikes me that you members should support the raising of the minimum wage as
prescribed by the County Board of Supervisors. To choose to effectively remove a financial remedy for
the approximately ten to eleven thousand of residents who struggle to maintain life and dignity in our
ever increasingly costly city is immoral. In addition, you are essentially pitting the opinion of the
elected County Attorney who believes the law to be legal, against the opinion of hired legal staff which
seems to fly in the face of logic. I'd say, let those who find fault with raising minimum wages to an
appropriate level for the cost of living appeal it through legal channels, rather than putting yourselves
in jeopardy of acting as judges.
As you undoubtedly know, the state failed in its lawmaking capacity to do anything that would make
conditions in our county economically better for those hard working souls working for the minimum
wage. And, just like bonds are raised for worthy projects, and properties are taxed to pay for essential
services and achieve important goals, in this case, the County acted in the best interest of its residents.
Have the conscience to either lend your consent or choose to let it stand without debate.
Rather than being an obstacle in the way of progress toward a more economic and socially just
community, I would hope that you'd support the effort with all means at your disposal.
Sincerely,
Garry Klein
628 2nd Ave.
Iowa City, IA 52245
Julie Voparil
From: Marian Karr
Sent: Friday, October 02, 2015 6:53 PM
To: Julie Voparil
Subject: Fwd: Minimum Wage
Late handout
Sent from my iPhone
Begin forwarded message:
From: Tom Carsner <carsner0)mchsi.com>
Date: October 2, 2015 at 6:52:53 PM CDT
To: <council@iowa-cit�org>
Subject: Minimum Wage
I urge the Iowa City Council to maintain the County Supervisor's raise in the minimum wage to $10.10
per hour.
We all do better as a city when low-wage employees earn more. It does not hurt our local economy, it
builds a solid foundation for all of us to grow together.
Tom Carsner
319-338-9335
carsner@mchsi.com
Julie Voparil
From: Marian Karr
Sent: Friday, October 02, 2015 7:33 PM
To: Julie Voparil
Subject: Fwd: Stop attacking the Johnson County Minimum Wage ordinance
Late handout
Sent from my iPhone
Begin forwarded message:
From: <letsknf@netscape.net>
Date: October 2, 2015 at 7:31:41 PM CDT
To: <councilaiowa-city.org>
Subject: Stop attacking the Johnson County Minimum Wage ordinance
To all council members who are publicly opposing this ordinance:
We're sorry that the City Council has proved incapable of leading on the issue of raising our woefully inadequate
minimum wage.
Thank goodness the Johnson County Supervisors cared enough to pass the Johnson County Minimum Wage
ordinance.
You who by your inaction are left to carp and attack this good work of others, can do yourselves, your
reputations, and all the ordinary citizens of Iowa City a
favor by stop digging yourselves in deeper. If after all this time you can't speak in support of raising the
minimum wage, consider not speaking at all.
Lindsay Alan Park
401 Douglass St.
Iowa City, IA 52246
Julie Voparil
From:
Marian Karr
Sent:
Friday, October 02, 2015 9:54 PM
To:
Julie Voparil
Subject:
Fwd:
Late handout
Sent from my Whone
Begin forwarded message:
From: "Daly, Daniel L" <dan-daly(cbuiowa.edu>
Date: October 2, 2015 at 9:23:00 PM CDT
To: "council(&iowa-cit y�org" <council(cr�iowa-city.org>
Councilors,
May we please count on your support for increasing the minimum wage in Iowa City to $10.10 by
2017.
The cost of living in Iowa City is very high by Iowa standards.
It has become increasingly difficult for low-wage earners to make ends meet.
It is past time for us to do something to improve the lot of the least affluent in our community.
Please don't block their chance for a slightly better life for their families.
Thanks for your considerations.
Sincerely,
Dan Daly
Proud Iowa City Resident for 62 years.
1-� �-(-.S-)
Marian Karr
From: Karen J. Fox <sprlight@mchsi.com>
Sent: Monday, October 05, 2015 1:56 PM
To: Council
Subject: minimum raise
Dear City Council Members,
Please stand with Johnson County to raise our minimum wage. We have too many citizens, your constituents, who are
having to work two or three jobs in order to feed, clothe and shelter their families. I know many single people who have
to work more than one full time job to make ends meet and they have no children to support.
If we want our city to be safer we need to raise the wage.
If we want our citizens to be happy living here we need to raise the wage.
If we want our children's needs to be met we need to raise the wage.
If we want our businesses to thrive because people can purchase what they need, we need to raise the wage.
There are many more reasons to raise the wage. The reason you have cited to not raise the wage is that we may be
sued. The County would be the body to be sued and they are ready to stand with our low-income citizens to say that
$7.25 is not a livable wage. They are willing to hear that even $10.10 is not enough. Why aren't you?
Please be the progressive city that I live in and take care of our citizens. Raise the wage.
Sincerely,
Karen J. Fox
953 Canton Street
Iowa City, IA 52245
Peace in the world begins with peace on your heart. Be Peace!
Marian Karr
From: Frauenholz <dmrss2001 @yahoo.com>
Sent: Monday, October 05, 2015 4:19 PM
To: Council
Subject: Minimum Wage increase
I wanted to weigh in on the minimum wage increase that was passed by the board of supervisors and that will be
discussed at this weeks board meeting. My name is Dennis Frauenholz and I along with my wife are owners of ABC
Childcare Inc. We have been in the childcare business at our location on Amber Lane since 1994. My wife is the
Director of the daycare and we serve 20-30 families at any given time. 95 % of our families are considered low income
and have their daycare paid for by DHS. We accept more DHS subsidized kids than probably anyone else in the area.
Most daycares limit their DHS enrollment because the reimbursement is far less than what they can get from families
that don't qualify for assistance. We serve the community that the Board of Supervisors want to help by increasing the
minimum wage. However I feel that their argument actually hurts the very people that they are trying to help. Here is
why.
1) The DHS reimbursement is a State run program. They determine rates not based on individual counties, but on a
statewide basis. Therefore, by raising the wage locally, there will be no increase in funding from the state to help offset
the costs. This will force those centers that currently accept daycare assistance to either stop or further limit their spots.
This means that our families will not have adequate daycare to go to their higher paying jobs. It will dramatically affect
our business as we have 95% of our kids in the DHS program. How does this help anyone? Our expenses will go up and
our income will not increase. You do not have to go to business school to figure out that you cannot continue to do that
and stay in business. Our families count on us so they can go to work. The new minimum wage forces us to cut back or
even end our services to the very families that this is supposed to help.
2) An increase in minimum wage will cause families on all kinds of assistance to cutback their hours or quit their jobs. I
have seen this happen already and it will get worse. The state guidelines don't change just because Iowa City has a
higher wage. Therefore families that qualify for all kinds of assistance will not benefit from a wage increase. It will put
them over the income limits and force them to lose benefits that are worth way more than their wage increase. They
will cut hours or quit jobs. I have seen this happen in the current economy. It has happened in Seattle with a $15
minimum wage! Guess what happens when we raise the wages dramatically over the next year!
3) The market should determine the wage. Forcing business to raise their wage will only increase the cost of goods
which ultimately hurts those with lower incomes. Will Hy -Vee absorb the costs of higher wages? Nope, they will pass
this on to the consumers and make those with low incomes pay more for their milk and eggs. And worse yet they may
not qualify for food assistance because now they make too much money! The market should determine the wage not
our local government. When two new stores came to town this summer ( luckys and a remodeled Hy -Vee on North
Dodge) the lack of applicants for jobs increased the starting pay to a minimum of $9 an hour and even went to upwards
of $12 an hour because the market demanded it! Not the government!
I hope that you take some of this into consideration when you discuss whether to adopt the minimum wage hike locally.
I think Solon got it right and I hope you do as well. This is a bad ordinance and we need to stand up for our local
business, our local families, and their children!
Thanks for your consideration,
Dennis Frauenholz
ABC Childcare Inc.
1 Amber Lane
Iowa City, Iowa 52240
319-354-7158
1
Julie Voparil
From: Marian Karr
Sent: Monday, October 05, 2015 10:12 PM
To: Julie Voparil
Subject: Fwd: Minimum Wage
Late handout
Sent from my iPhone
Begin forwarded message:
From: Carol deProsse <lonetreefoxAmac.com>
Date: October 5, 2015 at 6:11:24 PM CDT
To: "council(a,iowa-city.org" <council@iowa-city.pM>
Subject: Minimum Wage
Members of the Iowa City City Council:
It is my hope that you will let the County ordinance go into effect and see what happens. If no one
sues, then nothing further needs to be done.
I also hope that one of you will offer a motion that expresses the will of the Council that a minimum
increase is necessary (cite several reasons) and that all those voting 'aye' support it.
Thank you,
Carol deProsse
1401 Burry Drive
Iowa City, IA 52246
4 1� CS J
Julie Voparil
From: Marian Karr
Sent: Monday, October 05, 2015 10:14 PM
To: Julie Voparil
Subject: Fwd: Please Support Minimum Wage Ordinance
Late handout
Sent from my iPhone
Begin forwarded message:
From: TIM and DAWN KRABILL <tdkrabill(a,msn.com>
Date: October 5, 2015 at 9:14:50 PM CDT
To: "City Council, Iowa City" <council@iowa-city.gM>
Subject: Please Support Minimum Wage Ordinance
Dear Iowa City Council Members,
Please support the Johnson County ordinance to raise the minimum wage.
$7.25 is just not enough for a single person to live on, not to mention someone with a dependent child
to care for. At 18%, the poverty rate in Johnson County is far higher than the state average of 13%. We
are all contributing to this by failing to pay low income workers enough to cover the higher cost of
living in our county. These workers and their children need a raise. As they benefit, we will all benefit,
as they spend more in our local economy and rely less on public and charitable assistance. If parents
are able to afford to work more reasonable hours, rather than working two jobs to try to make ends
meet, they will be able to spend more time with their families, our families will be stronger, and our
children will grow up to be better citizens.
The Johnson County minimum wage increase is the right thing to do for all Johnson County residents
and will give our businesses the incentive they need to pay their workers a sustainable wage. We will
continue to support and patronize our businesses even if they must increase the price of their goods and
services. The people of Iowa City are always ready to do the right thing, and this is the right thing to
do at this time.
Whatever legal concerns you may have, please give this ordinance a chance to be defended in court. If
challenged, I believe it will stand. The state law says that workers in Iowa must be paid "at least" $7.25
per hour. It does not prohibit a higher minimum wage. Iowa City and Johnson County need a higher
minimum wage.
The State Legislature has continually failed to act and has given no indication that they plan to take
action in the future. We need action on this now.
Thanks for your thoughtful consideration.
Respectfully yours,
Tim Krabill
1703 F Street
Iowa City, IA 52240
Marian Karr
From: John Thomas <johnfredericthomas@gmail.com>
Sent: Tuesday, October 06, 2015 10:25 AM
To: Council
Subject: Minimum Wage
Dear City Council,
As you consider the Johnson County minimum wage ordinance at your Work Session today, please keep in
mind that the question before you is not whether raising the minimum wage will stand up to legal challenge.
The question is whether it's the right thing to do.
A foundational element of a strong, just, and healthy community is ensuring a living wage for its workers.
Please give your support to raising the minimum wage in Iowa City.
John Thomas
509 Brown Street, Iowa City
Marian Karr
From:
Tom Markus
Sent:
Saturday, September 26, 2015 4:56 PM
To:
Sean Dixon
Cc:
Council
Subject:
Re: Thank You
10-06-15
4f(6)
Dear Mr. Dixon: We are so pleased that you had a great response to your call for public service. Thanks for letting us
know. We will be certain to let our staff know of your appreciation. Thanks Tom
Sent from my iPhone
> On Sep 26, 2015, at 1:48 PM, Sean Dixon <seanpdixon@vahoo.com> wrote:
> Hello
> I recently moved here to Iowa City and purchased a home on 2nd Ave near F Street. A large section of the street at the
end of my drive had sunken around a manhole creating quite the hole to drive through everyday. I contacted the city to
let them know about it, not really sure if such a report would actually result in a fix. The person at your office was very
professional and very polite. Within a day or two I noticed locate marks painted in the road and yard and within a week
the repair was completed with a new concrete patch. I was pleasantly surprised and thrilled that the city I now call home
is so responsive to residents needs.
> Knowing city employees don't often hear gratitude of their efforts, I wanted to be sure to thank you and let you know I
noticed. Keep up the great work.
> Sean Dixon
4f(7)
Marian Karr
From:
Chris O'Brien
Sent:
Monday, September 28, 2015 10:23 AM
To:
'cmyoung5674@gmail.com'
Cc:
Council
Subject:
RE: meters
Mr. Young,
Your email was forwarded to me from the City Manager's Office and I wanted to reach out to you to follow up. There
are multiple reasons that we enforce the metered areas on Saturdays. We want to continue to encourage turnover in
the metered stalls to assist the businesses in creating parking spaces for visitors to Iowa City. In addition, if we did not
enforce, we would have a large percentage of spaces taken up from those that live in the many residences we have in
our downtown. Each of our parking meters has the days and times of enforcement displayed on the electronic face of
the meter. Those times are Monday — Saturday, from 8:00am — 6:00pm. As you noted, we also issue $0 warnings for
the first citation received for anyone utilizing our parking metered stalls, and reset this practice every July 1. In addition,
we offer the first hour free in four of our facilities with a rate of $1 per hour for each additional hour. Thank you for
taking the time to reach out to us with your concerns and please feel free to reach out to me directly if you have any
additional questions.
Regards,
Chris O'Brien
Director of Transportation and Resource Management
City of Iowa City
(319)356-5156
Chris-obrien@iowa-city.org
From: Curtis Young <cmyoun5g 674Agmail.com>
Date: September 27, 2015 at 2:13:59 PM PDT
To: <counciK6owa-ci1y.org>
Subject: meters
I was in your city Saturday, 9/26/15 for the Iowa game and parked downtown. After Witnessing
a wonderful game, I arrive to my car to find a ticket on my windshield. Granted, I did not have to
pay a fine this time, I find it disturbing that there is a requirement to plug a meter on
SATURDAY. Where we live, Saturdays are free meter days. What kind of city charges to park
on the weekends? Is Iowa City so hard up for cash they need to charge for parking on the
weekends. Why isn't there any information on the meters to inform out -of -towners that you
require us to put money in the meters on Saturdays. I have been coming to Iowa City for Iowa
games for many years and had never put any money in a meter. I will do so from this point
forward. I do find it very distasteful for you require anyone to plug money in a meter on the
weekend. Thank you
Kingsley:
Happy 30th Birthday on Monday, September 28!
May your monumental Monday birthday remind you that every
dynamic day is designed to reveal Kingsley's powerful purpose.
Admire Kingsley's Ascension --- Doyle
P.S. God created Kingsley to be a confident catalyst of change.
Rev. Doyle Landry
Principal
Positive Vision Communications
"Success Speak For Powerful People"
4f(8)
Marian Karr
From:
Doyle Landry <dclposvis@yahoo.com>
Sent:
Monday, September 28, 2015 8:44 AM
To:
Kingsley Botchway II
Cc:
Stephen Murley; Chace Ramey; Susie Poulton; Gregg Shoultz; John Bacon; Frederick Newell;
Yolanda Spears; Royceann Porter; Abby Haywood; LaTasha DeLoach; RaQuishia Harrington;
Matt Hayek; Susan Mims; Jim Throgmorton; Rick Dobyns; Terry Dickens; Michelle Payne;
Tom Markus; Geoff Fruin; Stefanie Bowers; Wendy Ford; Eleanor M. Dilkes; Simon Andrew;
Sam Hargadine; Charlie Funk; Kent Jehle; Ed Benjamin; Harry Olmstead; Ritu Jain; Mark
Ginsberg; George Etre; Susan Craig; Patty McCarthy; Elyse Miller; Nancy Bird; Betsy Potter;
Nate Kaeding; Veronica Tessler; Dale Larson; Josh O'Leary; Holly Hines; Jennifer
Hemmingsen; Andrew Phillips; Clair Rudison; Cheeks Kim [DHR]; Simba Appah; Henri
Harper; Dan Reed; Paul Hoff; Steve Smyka; Michael Joseph; Braulio Ortiz; Cisco Beard;
Betsy Robertson; Georgina Dodge; Lucy Joseph; Natalie Martinez
Subject:
30 Blessings On Kingsley Botchway's September 28 Birthday
Kingsley:
Happy 30th Birthday on Monday, September 28!
May your monumental Monday birthday remind you that every
dynamic day is designed to reveal Kingsley's powerful purpose.
Admire Kingsley's Ascension --- Doyle
P.S. God created Kingsley to be a confident catalyst of change.
Rev. Doyle Landry
Principal
Positive Vision Communications
"Success Speak For Powerful People"
MOM -
CITY O F IOWA CITY 4f(9)
T MEMORANDUM
Date: September 18th, 2015
To: City Clerk
From: Emily Ambrosy; Acting Traffic Engineering Planner
Re: Item for October 6th, 2015 City Council meeting; Installation of (2) YIELD signs at the
intersection of Tofting Avenue / Circle and Russell Drive, (2) YIELD signs at the
intersection of Wetherby Drive and Russell Drive, (2) YIELD signs at the intersection
of Terrapin Drive and Russell Drive, and (2) YIELD signs at the intersection of
Dickenson Lane and Russell Drive.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9-1-3A (5); Install (2) YIELD signs on the northeast and southwest corners
of the Tofting Avenue / Circle and Russell Drive intersection, install (2) YIELD signs on the
northwest and southeast corners of the Wetherby Drive and Russell Drive intersection, install
(2) YIELD signs on the northwest and southeast corners of the Terrapin Drive and Russell Drive
intersection, and install (2) YIELD signs on the northwest and southeast corners of the
Dickenson Lane and Russell Drive intersection.
Comment:
This action is being taken to clarify the right-of-way at the above intersections in this newly
constructed subdivision.
�`r 10-06-15
F.®�ar,� CITY OF IOWA CITY 4f(1 oI
z-z�
'
M E M 0 RA N D
U M
Date: September 21St, 2015
To: City Clerk
From: Emily Ambrosy; Acting Traffic Engineering Planner
Re: Item for October 6th, 2015 City Council meeting; Removal of (1) DISABLED
PARKING space in front of 1908 Delwood Drive.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council.
of the following action.
Action:
Pursuant to Section 9-1-3A (5); Remove (1) DISABLED PARKING space in front of 1908
Delwood Drive.
Comment:
The on -street parking space is no longer needed by the household. This action was requested
by the homeowner.
® CITY OF IOWA CITY
..m41(11)
MIT*
MEMORANDUM
Date: September 23d, 2015
To: City Clerk
From: Emily Ambrosy; Acting Traffic Engineering Plannej�6
Re: Item for October 6th, 2015 City Council meeting; Installation of (2) STOP signs for
westbound traffic on Daniel Place SE and Moira Avenue SE at their respective
intersections with Sycamore Street SE.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action:
Action:
Pursuant to Section 9-1-3A (10); Install (2) STOP signs for westbound traffic on Daniel Place SE
and Moira Avenue SE at their respective intersections with Sycamore Street SE.
Comment:
This action is being taken to assign the right of way at the intersections noted above.
10-06-15
r 4f(12)
CITY OF IOWA CITY
MEMORANDUM
Date: September 23, 2015
To: City Clerk and City Council
From: Sarah Walz, Acting Traffic Engineering Planner
Re: Item for October 6, 2015, City Council meeting; Installation of (3) YIELD signs at the
northwest and southeast corners of the intersection of Covered Wagon Drive and
Oxen Lane; and at the southeast corner of the intersection of Langenberg Avenue
and Covered Wagon Drive.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action:
Action:
Pursuant to Section 9-1-3A (5), install three (3) YIELD signs (1) at the northwest corner and (1)
at the southeast corner of the intersection of Covered Wagon Drive and Oxen Lane and (1) at
the southeast corner of the intersection of Langenberg Avenue and Covered Wagon Drive.
Comment:
This action is being taken to assign the right of way to vehicles.
r
CITY OF IOWA CITY 4f(13)
M-EMORANDUM
Date: September 23, 2015
To: City Clerk
From: Brad Neumann, Acting Traffic Engineering Planner
Re: Item for October 6, 2015 City Council meeting; Relocation of a NO PARKING
BETWEEN SIGNS sign on Escort Lane SW
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action:
Action:
Pursuant to Section 9-1-3A (10); Relocate the western NO PARKING BETWEEN SIGNS sign
located on Escort Lane SW to the west side of the driveway at 72 Escort Lane SW.
Comment:
This action is being taken to prohibit parking in front of the driveway on Escort Lane to improve
truck turning movements.
City of Iowa City
MEMORANDUM
Date: October 1, 2015
To: City Council
From: Eleanor M. Dilkes, City Attorne
QV
Re: SSMID — Conflict of interest
On your October 6, 2015 agenda is a motion setting a public hearing on the recently filed
petition to re-establish the Downtown Self -Supported Municipal Improvement District
(SSMID) for ten years. While it is simply a motion to set the hearing we have put it on the
regular, as opposed to consent, agenda to allow council members who either own or rent
property within the District such that they are financially impacted by the increase in taxes
such a District would bring to abstain. It is my opinion that such council members are
disqualified due to conflict of interest from voting on the SSMID. When the first SSMID
petition was filed in 2003 1 provided a memo to the City Council on this issue, a copy of
which is attached.
Please contact me if you have questions.
Cc: Marian Karr, City Clerk
Tom Markus, City Manager
Geoff Fruin, Assistant to the City Manager
City of Iowa City
MEMORANDUM
Date: December 8, 2003 (C(DPY
To: City Council; Planning and Zoning ommission
From: Eleanor M. Dilkes, City Attorney
Re: CB-10 Self-Supported Municipal Improvement District (SSMID) - Conflict of
Interest Issues
Background
As you know, a petition has been filed by downtown property owners pursuant to Chapter
386 of the Iowa Code, requesting that the Council establish the CB -10 Self -Supported
Municipal Improvement District. If created as requested, an additional tax of $2.00 per
$1,000 of assessed value will be assessed against properties within the district. Two
council members, Connie Champion and Ernie Lehman, rent property within the proposed
district. It is my understanding that Mayor Lehman, as the tenant, is responsible for the
taxes on the property and that Connie Champion would take responsibility for any
increase in taxes. Council Member Dee Vanderhoef is the spouse of Pete Vanderhoef. It
is my understanding that Pete Vanderhoef owns a small percentage of the Dey Building
located within the proposed district and is a majority owner of the Iowa Book & Supply
business, which is a 75% tenant in the Dey Building and accordingly pays 75% of the
taxes. As discussed in an earlier opinion regarding the spousal relationship between Dee
and Pete Vanderhoef, a financial impact on the spouse of a council member is prudently
treated as a financial impact on the Council Member. Finally, Benjamin Chait, a member
of the Planning and Zoning Commission, to whom the petition has been referred, owns
property within the proposed SSMID district.
Significantly, the Iowa Code imposes strict passage requirements for the creation of a
Self -Supported Municipal Improvement District. A SSMID ordinance must be approved by
75% of the members of the Council. (Councilors who abstain due to a conflict of interest
are not included as members of the Council.) A unanimous Council vote is required if a
petition opposing the SSMID is received, which contains the signatures of 25% of the
property owners within the proposed district who represent at least 25% of the assessed
value. If an opposition petition containing the signatures of 40% of the property owners
who represent at least 40% of the assessed value of the district is received at any time,
the SSMID ordinance must be withdrawn from Council consideration.
Conclusion
It is my opinion that council members and planning and zoning commission members who
own or rent property or are the spouse of one who owns or rents property within the
proposed CB -10 SSMID district such that they are financially impacted by the increase in
taxes such a district would bring, are disqualified due to conflict of interest from
participating in proceedings to create the proposed district. While, as discussed below,
there is an argument to the contrary, I have arrived at this opinion after considering,
among other things, the strict passage requirements for a SSMID, the direct financial
impact on owners and tenants within the district due to the increase in taxes which would
result from such a district, and the lack of statutory language renunciating common law
conflict-of-interest principles.
December 8, 2003 C(OPY
Page 2
Discussion
Iowa law provides no clear answer to the question of whether persons who own or rent
property in a proposed SSMID district are disqualified from voting on the creation of the
district. The seminal conflict of interest case in Iowa is the 1969 case of Wilson v. Iowa
Com, 165 N.W.2d 813 (Iowa 1969). In that case, the Iowa Supreme Court examined the
common law foundation for the statutory conflict of interest provision in the then urban
renewal law, and held that council members who owned or rented property within the
proposed districts and a council member employed by the University of Iowa, which
owned real estate in the area and was vitally interested in the project, were disqualified
due to conflict of interest from participating in the urban renewal proceedings. As a result
of the Court's ruling, all actions taken in connection with the urban renewal proceedings
were rendered void. In Wilson, the Court explained the foundations of the common law
conflict of interest rale:
We doubt if any rule of law has more longevity than that which condemns conflict
between the public and private interests of governmental officials and employees,
nor any which has been more consistently and rigidly applied.
The high standards which the public requires of its servants were set by common
law and adopted later by statute. It is almost universally held that such statutes are
merely declaratory of the common law.
These rules, whether common law or statutory, are based on moral principles and
public policy. They demand complete loyalty to the public, and seek to avoid
subjecting a public servant to the ddcult and often insoluble task of deciding
between public and private advantage.
It is not necessary that this advantage be a financial one. Neither is it required that
there be a showing the official sought or gained such a result. H is the potential for
conflict of interest which the law desires to avoid.
Id. at 822 (citations omitted).
Immediately after the Wilson decision, the legislature amended the urban renewal law to
provide that a council member would not be disqualified by conflict of interest except with
respect to those actions which specifically affected his or her property as a separate
property but not to those actions which affected all property within the proposed urban
renewal area. Iowa Code Section 403.16. Similarly, in 1972, the enactment of the special
assessment division of chapter 384 of the State Code on city finance included a provision
stating: "Ownership of property to be assessed by an improvement does not, except for
fraud or bad faith, disqualify a council member from voting on any measure." Iowa Code
Section 384.51. Thus, by statute, ownership or lease of property within the affected area
does not prohibit a council member from participating in the designation of an urban
renewal area, or in the proceedings regarding the special assessment of property to pay
for a public improvement.
Significantly, when the SSMID statute was enacted in 1976, the legislation included no
provision regarding disqualification due to conflict of interest despite the similarity of many
provisions to the proceedings necessary to establish special assessments. In my
opinion, the lack of a legislative statement repudiating the common law principles
December 8, 2003
Page 3
C(OPY
enunciated in Wilson supports the conclusion that council members who have property
interests within the proposed SSMID district are disqualified due to conflict of interest.
See Eaton v. Iowa AnDeal Board, 602 N.W. 2d 553, 556 (Iowa 1999) (legislative interest is
expressed by omission as well as inclusion)
On the other hand, due to the lack of guidance in Iowa on the specific issue, I have
searched for case law in other jurisdictions. While there is not an abundance of law in
other jurisdictions, there is some case law supporting the conclusion that a council
member with a property interest in the proposed district would not be prohibited from
participating in the creation of such a district. See, ear .., Simmons v. City of Moscow, 111
Idaho 14, 720 P.2d 197, 201 (Idaho 1986); Schumacher v. City of Bozeman, 174 Mont.
519, 571 P.2d 1135, 1140-42 (Mont. 1977).
However, in the absence of statutory guidance such as that found in the urban renewal
and special assessment law, we are left with the strict common law principles discussed in
the Wilson case. While acknowledging an argument to the contrary, it is my considered
opinion that council members and Planning and Zoning Commission members with an
interest in property located within the proposed SSMID district who are impacted
financially by the creation of the SSMID district due to the increase in the taxes (either
directly due to higher tax payment or indirectly by higher rent payment) are disqualified
from participating in the creation of the district due to conflict of interest. In coming to this
conclusion, I have considered the strict requirements imposed by the legislature for the
enactment of a SSMID district, the direct financial impact on property owners or tenants
within the district due to the increase in taxes and the lack of statutory language
renunciating common law conflict of interest principles. Finally, in cases of doubt, for the
reasons enumerated by the Iowa Supreme Court in Wilson, public officers should err on
the side of disqualification.
Please feel free to contact me if you have any questions.
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Karin Franklin, Director of Planning and Community Development
Steve Nasby, Community and Economic Development Coordinator
Assistant City Attorneys
eJwnoHm nVSMID.doc