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HomeMy WebLinkAbout2010-01-25 Correspondence5 1 Marian Karr From: Ambler, Alicia R [alicia-ambler@uiowa.eduJ Sent: Wednesday, January 20, 2010 1:49 PM To: 'opinion@press-citizen.com'; 'Kelsey-Beltramea@uiowa.edu'; 'news@gazettecommunications.com'; Council Subject: An Open Letter to the City Council of Iowa City To Whom it may Concern- I am writing to express my deep disappointment and frustration at the council's decision to table the discussion of urban chickens in Iowa City. (Chickens off the Council's Plate Press Citizen Jan. 12th The council has a clear mandate from the citizens of the city to at least consider the ordinance, as evidenced by the petition that was circulated and presented to the council. Choosing to abstain from the discussion because the council members have already decided their positions on the issue is a failure of the council to represent its constituents. The citizens of Iowa City have spoken, and we deserve to be heard, regardless of the current opinion of council members. I strongly urge the council to reconsider and immediately reschedule discussion of the urban chicken ordinance. Sincerely, Alicia R. Ambler 1 /20/2010 Marian Karr From: c.bohnenkamp@mchsi.com Sent: Tuesday, January 12, 2010 2:08 PM To: Council Subject: Chickens in Iowa City This correspondence will become a public record. I was dismayed to hear that owning chickens in Iowa City was put on the back burner this a.m. on the radio. I moved here from Loveland, Colorado, where chickens were allowed in city limits. They allowed up to 4 chickens, no roosters, your yard had to be fenced, and no neighbor complaints. I owned a couple of chickens for years in that city, and they were not a problem, and no one ever complained. We eventually built an enclosed aviary for their protection. We owned them so we could have fresh eggs, for manure for our garden and for them to eat bugs out of our yard. In this time of economic downsizing you should allow people who would like to have them, be legal. I would like to own chickens again when I retire. I liked having fresh eggs and plus they were great pets. Thanks for your time. Thanks, Cindi Bohnenkamp 1417 Plum Street Iowa City, Iowa 52240 319-337-2586 1 Marian Karr From: Kathryn Johansen Sent: Thursday, January 14, 2010 11:57 AM To: 'cjk' Cc: ''City Council Subject: RE: Backyard Chickens Hello Casey, Thank you for your recent email communication to the City Council. Council members do not receive their emails directly. Your message will be forwarded to them and accepted as official correspondence at the next formal Council meeting. If you wish to speak with Council members directly, please www.icgov.org. Click on the link to City Council and ther phone numbers, and addresses of all seven Council members. Thank you again for writing, Casey. Sincerely, Kathi Johansen Administrative Assistant to the City Manager 319 356-5010 From: cjk [mailto:cjkohrt@gmail.com] Sent: Wednesday, January 13, 2010 12:32 PM To: Council Subject: Backyard Chickens Council Members, visit our website at e you will find names, I am disappointed that you have chosen to take the chicken ordinance off the table. I urge you to reconsider. I do not know why those opposing allowing chickens are doing so. Ms. Mims, Mr. Dickens, Ms. Bailey and Mr.Hayek, what is your opposition based on? Ms. Champion, being my district representative, iwould particularly like to know why the change of position? I own property with my partner on Rundell St. in town, and we are avid gardeners. I consider this a Property-rights issue as well as a local-food issue. We should be allowed to do this if it is not negatively affecting our neighbors rights to their property, or is a detriment to the community. Plenty of urban centers allow this, including ones in Iowa, with minimal problems. Also, Iowa City has a long history of having chickens, even a hatchery as recently as the mid 1980s. With the proposed restrictions, I don't see what the problems could be; there were no roosters to be allowed, maximum number (4 i believe), single family dwelling, and neighbor permission required. Many people are following the local food movement and this is a step in that direction, and to becoming a more sustainable community. There is great interest from backyard gardeners to see this come to fruition. I urge you all to reconsider your positions. Sincerly, Casey Kohrt Iowa City, IA 52242 m o e n g r o u p MANAGEMENT OFFICE MARC B. Mo>:r, BOBBY IETT IOS EAST COLLEGE STREET IOWA CITY, IOWA 52240 mare;'r moengmup.corn bobby'r'rmocngrnup.com www.mocn~~p.com MARC CELL: 319.430.3010 BOBBY CF;LL: 319.430.8386 January 14, ?010 Dear Mayor Hayek and members of the Iowa City Council, ~~~ rvs 5g(2) \1~Qhdou`~ FACSIMILE: 319.358.6778 Summer of the Arts is responsible for a variety of arts and cultural events, which are widely recognized for providing free, family friendly, events. These events include the Iowa Arts Festival, Iowa Ciry Jazz Festival, Friday Night Concert Series, Free Movie Series and Sand in the City. Sumer of the r\rts can exist only because of hundreds of volunteers along with the financial support of the City and other generous supporters and contributors. The return realized by the City on this investment is significant. These events attract tens of thousands of attendees, create jobs and provide revenue to local and State government. 1'\s important, in my opinion, is the atmosphere these events create downtown. There are a number of things that make our downtown, including the pedestrian plaza, a success and Summer of the Arts is high on that list. This vibrant and exciting atmosphere is critically important to our commercial and retail tenants. It is equally important to those who lease apartments and own homes downtown. Because of our vibrant downtown property values are high. Plaza Towers alone pays nearly one million dollars each year in property taxes. We must all do our part to make assure that businesses continue to thrive and that a diverse demographic mix of tenants and owners continue to live downtown. Onc important thing we can all do is support the groups that bring family friendly events to the City. There is no organization better at achieving this goal than Summer of the Arts. In the current economic time the Arts must have everyone's support, including the City's. The City's continued funding of Summer of the Arts at the current level is not only justified, but makes perfect economic sense given the return to the City on this investment. Thank you for your co sideration. o © ~~ Rcspec mi ~--- o ~ st ~ -s „~ ~ -~ - ~ MARC . M EN ~~ ~ ~ -~ ~ ~ ,~- 5 3 Marian Karr From: walkerc104@aol.com Sent: Friday, January 15, 2010 1:25 PM To: Dale Helling; Council Cc: tneuzil@co.johnson.ia.us Subject: Jay Honohan and Nancy Wombacher's letters to council about Charlotte Walker To the City Manager and the City Council: re: Letters to the Council of Jay Honohan (1/5/10) and Nancy Wombacher (12/30/09) Today I learned about emails about me that were sent to you by Jay Honohan and Nancy Wombacher. Both are members of the Senior Center Commission and both spoke about the Senior Center Commission meeting of Dec. 17th 2009. Both letters require comments from me. I want to point out from the beginning that I have a copy of the digital recording that was made at that entire meeting. So in case the recording at the Senior Center no longer exists, I do have a copy that I am willing to share. If you are interested to know what really happened at that meeting, you might be interested to hear it for yourself. I am not going to comment on specifics of their messages at this time. I will only say that there are things within both of them that are very exaggerated and some of Ms Wombacher's comments could to be considered outright dishonest. I have attached their letters in case you need to review them again. I know that you are very busy with the budgets which requires a lot of extra work. Consequently at this point, I will ask that you remember that there is a different side to the story that they have told you. I take my position on the commission very seriously and I do not hesitate to ask questions. I see many problems at the senior center, some of which I consider to be quite serious. I believe that since the senior center is city owned and mostly city financed that I have a right to ask questions as either a commission member or as a private Iowa City resident. I intend to keep doing that. Maybe after you hear the CD of that Dec. 17th Senior Center Commission meeting you will decide that you would like me to resign, just as Mr. Honahan suggested at the Dec. 17th Senior Center Commission meeting. I won't resign however no matter who asks that. So you will have to dismiss me if you feel that is necessary. Charlotte Walker member of the Senior Center Commission From: Jay Honohan [honohan@hebblaw.com] Sent: Tuesday, January 05, 2010 9:55 AM To: Council Subject: Senior Center Commission-Charlotte Walker City Council: Sorry to bother you with this a-mail but I decided that Charlotte Walker's a-mail should not gc to make it clear that despite the fact that Charlotte signed her a-mail as a commission memb 1/15/2010 Page 2 of 3 speaking in any way for the commission or any other member of the commission. On the mai complains the vote was 6 to 1. She was on her own. Charlotte becomes unhappy when she c way. Charlotte has become a distraction on the commission. Her behavior at the last meeting was unacceptable. She continually interrupted the meeting by pounding on the table and hollering members. I believe it was an unfortunate decision to appoint Charlotte to the Commission. A: that because Sarah Maiers and I are good friends and Sarah over 11 years ago worked in m~ make poor decisions. I will let my years as a member of the Commission answer for that. As always if the council or any member has any questions or concerns regarding the work of Commission, I will be happy at any time to discuss any matter. Jay Honohan Marian Karr From: Nancy Wombacher [r.wombacher@mchsi.com] Sent: Thursday, December 31, 2009 6:50 AM To: Council Cc: t.neuzil@co.jonson.ia.us Subject: Senior Center Commission This correspondence will become a public record. DATE: December 30, 2009 T0: Members of the City Council, Iowa City, IA FROM: Nancy Wombacher 3644 Elgin Drive Iowa City, IA 52245 (319) 337-7197 The purpose of my message to you today is twofold: 1) I wish to express my appreciation for your vote of confidence in appointing me to the Senior Center Commission six years ago and again three years ago for a total of two terms. It has been a busy six years, but also a very rewarding, and the for most part, a pleasant experience. My dedication to maintaining and improving the Senior Center will continue even though my tenure on the Commission has ended. This is an extremely valuable and important community resource. 2) I wish to call to your attention an extremely difficult and uncomfortable situation with regard to one of the Senior Center Commission Appointees, Charlotte Walker. At a recent Commission meeting, after she had been questioned about an inaccurate and disparaging letter that she sent to the City Council and to Terrence Neuzil of the Johnson County Board of Supervisors, she responded in an explosive and threatening manner, repeatedly slamming her hands on the table. Additionally, throughout the meeting, she continually made rude and disrespectful comments and gestures as other spoke. Her constant negativism is draining and tremendously disturbing to those involved in the Senior Center community. Had this not been my last Commission meeting, I would seriously have considered tendering my resignation. There are a number of other very dedicated, positive and productive folks who are volunteering their time and energies to maintain a top notch facility for our community, and to force them to be continually exposed to this sort of behavior is stressful to say the least. 1/15/2010 Page 3 of 3 If this had been an isolated incident, it would be difficult enough, but her demeanor is consistently one of criticism and denigration of the staff and any of the Commission members who speak up in a positive manner. The Senior Center is too valuable a resource to be so negatively impacted by this sort of behavior, not to mention her continual belittling of people connected to the Senior Center, the facilities, programs and activities that are offered. I am not personally aware if there is any sort of "code of conduct" for members of the city boards and commissions, but hopefully there is some mechanism for addressing this in a manner that will produce positive outcomes. Cc: Terrence Neuzil, Johnson County Board of Supervisors 12/31 /2009 1/15/2010 Page 1 of 1 Marian Karr From: walkerc104@aol.com Sent: Friday, January 15, 2010 2:01 PM To: Marian Karr Subject: Fwd: Jay Honohan and Nancy Wombacher's letters to council about Charlotte Wal... Attachments: Jay Honohan and Nancy Wombacher's letters to council about Charlotte Walker Marian, I forgot to add my address and phone number to the attached letter that I sent to the Council and to Mr. Helling. In case you need that in order for it to be submitted to the Council, I will add it here: Charlotte Walker 320 S. Dubuque Street, # 211 Iowa City, IA 52240 (319) 354-2123 1/15/2010 5 4) Marian Karr From: clayclaussen@aol.com Sent: Friday, January 15, 2010 9:17 AM To: Council ' Subject: Support for Mike Moran as Parks and Recreation Director Council members, I appreciated the opportunity to present the Parks and Recreation Commission report to the council last evening. I did not feel that was the appropriate forum to request the support of the Council in appointing Mike Moran as the permanent Parks and Recreation Director. I have known Mike and worked with him since I served on the Board of Iowa City Girls Softball in the late '70's and early '80's. He has been the Acting Director for nearly a year and a half due to the tragic illness and death of Terry Trueblood. He has proven himself capable in trying circumstances. I have run businesses in the past and know that fresh faces can present puff resumes and a charm initiative but it is the people who can perform over the long haul that always have benefited the mission the most. You have a proven leader already on board who deserves your support. As abudget-saving measure, after appointing Mike as Director, you may want to consider splitting off some the duties of the Superintendent (his former position) to other existing supervisory personnel, affording them greaterjob satisfaction and a relative increase in compensation. Thanks you for your consideration. Sincerely, Clay Clay Claussen, REALTOR, CBR Member, Iowa City Parks and Recreation Commission Claussen Generations Group RE/MAX Affiliates 2751 Oakdale Blvd, Suite #3 Coralville, IA 52241 (319) 331-9911 clayclaussen@remax. net http://generatlonsg.r..ouprealtors.co...m Licensed to sell real estate in the State of Iowa 1/15/2010 5 5 Consultation of Religious Communities PO Box 2025 Iowa City, IA 52244 January 15,. 2009 Iowa City Council 410 E. Washington St. Iowa City, IA 52240 Dear City Council Members, As president of the Consultation of Religious Communities (CRC) of Johnson County, I would like to extend our thanks to the City Council and Iowa City staff members for your help in securing the use of the former St. Patrick's parish hall for the Shelter House Overflow Project, which we have managed and staffed with volunteers for 5 years. Having a stable site that people can return to, rather than rotating weekly among churches, has been healthier and more comfortable for Shelter House clients. The CRC's human and financial resources were declining for this project just as the need was rising for this final year, and having a single site to manage for most of the season has saved us an enormous number of volunteer-hours, some funds and considerable stress. We're grateful that the City of Iowa City could see the advantages of this arrangement and was willing to go the extra mile to help it happen for the benefit of everyone involved and our whole community. Sincerely, ,.~ l , .- ~~ f~ j~~~~G G~~~~~~ ~ ~"" .l~ev. John McKinstry ~" President f Consultation of Religious Communities N _o o ~° r ~-- ~ ~~ z =C~ ~ -a ~ -~. ..~- 01-12-10 5 6 ~ Marian Karr From: Garry Klein [the3rdiowa@mchsi.com] Sent: Monday, January 18, 2010 2:32 AM To: ddvorsky@co.johnson.ia.us; pharney@co.johnson.ia.us; rsullivan@co.johnson.ia.us; tneuzil@co.johnson.ia.us; sstutsma@co.johnson.ia.us; jrettig@co.johnson.ia.us; Andy Rocca; Council Subject: Ambulance Service Dear Mr. Dvorsky, Chief Rocca, Board of Supervisors, and City Council, Around 11:45 pm on the evening of 1/14/10, my wife called 911 to request aid as I had become violently ill. Within 4 minutes of the call, JCAS rolled up with an ICFD engine. EMT "Jeremy" began rendering aid. Within 10 minutes, I was in Mercy Hospital's emergency room and was under doctor's care. In these days of complaining about how government operates and how our money is being spent, I want to praise the coordination of efforts of the staff from all these entities and the emergency communications center. I also want to thank all of the personnel who aided myself and my worried wife Betsy that evening. As a person who has never had need of these services, it was very encouraging to experience first hand the quality and caring of everyone involved. I wish I had the presence of mind at that time to take down names of all the several men and women involved, but I will never forget the quality of care I received. With Much Gratitude, Garry Klein 628 2nd Ave Iowa City, IA 52245 5 7 ~ Marian Karr From: russups@aol.com Sent: Tuesday, January 12, 2010 5:03 PM To: Council Subject: (no subject) live in Olde Towne Village on the east side of Iowa City. In the coming months we'll have affordable housing built on the lots next to me. There will be two building with two units in each of them. My concern is the previous city council put a lot of effort into affordable housing in Iowa City. I have no problem with helping out with this predicament but there are limits. Currently the city has 80 homes that fall into this category and none of these properties pay any property taxes. The Housing Fellowship has over 100 properties which they are landlords of whom are owned by investors and they only pay 25% of the taxes due on that property. Example, if the property taxes are $2000.00 they the investors only pay $500.00. In the May 1st 2009 Press-Citizen The Housing Fellowship wants to develop another 100 units in Johnson County the next five years. This could add up to thousands of dollars of lost tax revenue for Iowa City and Johnson County. Who gets to make up this difference? The rest of the tax payers and business's. The current business's and residents as you know have been under tremendous stress with the property tax issue for years here. The University of Iowa currently takes up almost 40% of this town and with the City owned property, that's even more off the tax rolls. You maybe solving the housing problem but you're creating another one by putting stress on the rest of the tax payers while trying to make ends meet with schools, police and fire and other infrastructure needs. Also the City Steps program should include putting out mailing when projects like this go into a neighborhood. Not everyone takes the local newspaper or goes on the Internet. Speaking with HUD they told me even though it's not required, citizen participation is strongly urged even when LIHTC funds are used. So don't tax me or others out of their homes or business's during these hard economic times. I would be more than happy to speak with any of you about this. Russell Haught 351-5315 1/12/2010 5 g C~) Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Thursday, January 21, 2010 9:07 AM To: Marian Karr Subject: FW: Thank you --Original Message----- From: thomaskdeanC~mchsi.com [mailto:thomaskdean@mchsi.com] Sent: Wednesday, January 20, 2010 1:05 PM To: matt-hayek@iowa-city.org; regenia-baileyc~iowa-city.org; mike-Wright@iowa-city.org; ross-Wilburn@iowa-city.org; Susan-mims@iowa-city.org Subject: Thank you Dear City Council members, I have heard from Susan Craig that the City Council has informally approved the IC Public Library's budget recommendation from Interim City Manager Helling and that, in addition, you will be restoring funding for the Park 'n' Read program. As President of the Board of Trustees, I would like to thank you very much for your support of the Library and for providing us the means to re-instate the parking stamp program. As Susan and I said at our budget presentation last week, this is a program that is very popular with the public and, we believe, necessary for some. Your action will help us maximize the Library's access to our citizens to the greatest extent we can. Please pass along my thanks to the Council members who do not have email accounts, and thank you again. Tom Dean 1 Page 1 of 1 .~ ~~ ) Marian Karr From: P Swygard [ps_1915@yahoo.com] Sent: Friday, January 22, 2010 10:59 AM To: Council; Jeff Davidson; Sarah Walz; Marcia Bollinger Subject: Thank you! Funding walkway in Miller-Orchard Neighborhood I am writing to say "Thanks" for prioritizing funding to create walkways in the Miller-Orchard Neighborhood. I would encourage you to look at creating a walkway along Orchard Street between Benton and Hwy 1 as one of the first priorities of this project. Additionally, I applaud your work with the University of Iowa to create the UnivCity Neighborhood Partnership program. I look forward to hearing more about this program in the near future. Sincerely, Paula Swygard 426 Douglass St. Iowa City, IA 1 /22/2010 Page 1 of 1 ~~~'° Marian Karr From: Judith Pfohl [judypfohl@gmail.com] Sent: Saturday, January 23, 2010 10:47 PM To: Council Subject: Saving money A simple way to save money in Parks and Rec would be to reduce the mowed areas and increase the natural areas and natural plantings. When planning any new plantings please use Iowa native bushes, grasses, and trees, which take less care. Why are mowed areas being increased in established parks like Willow Creek? Short undergrowth of woodland plants would reduce water runoff, add interesting flowers, and reduce mowing time and expense. Natives need maintenence a few times a year and I am sure Project Green, Master Gardeners, or Soil and Water Conservation groups would offer their expertise. Farmers are being asked to provide buffers to protect waterways, filter runoff, and reduce erosion...the city should require the same thoughtful planning for any landowner including the city. Judy Pfohl 2229 Abbey Lane Iowa City, IA 52246 319-351-1684 1/25/2010 Page 1 of 1 ~; (~~~ Marian Karr From: Nancy Heinz [319heinz@gmail.com] Sent: Monday, January 25, 2010 7:27 AM To: Council Subject: Membership Fees for Senior Center It appears this year the budget did not require significant cuts as have occurred in other cities, thanks to increased taxes upon the residents. Since the financial situation is no longer dire, I'd like the council to policy at the issue of requiring memberships to participate in all events at the Senior Center. If I wanted to go to the Rec Center, I incur no "membership" fee. But the minute I am over 65, and want to use the Senior Center, I must pay a membership fee first, on top of registration fees for some classes. The class fees are fair, but the "membership fee" is inequitable. In the city I used to live in, the Senior Center was a part of the Parks & Recreation Department. It would have unthinkable to charge the older residents a fee and not charge the younger residents. Since they were all taxpayers, all were treated equitably. This turning a Senior Center into a kind of country club with an entrance fee is very unpalatable. This seems blatantly discriminatory to me. Now that the city is in good financial shape with no staff or program cuts, I'd like a review of past fee increases which were put in place when Council was under the impression that the city was on the brink of financial disaster. Thank you for your consideration. Mary Heinz Iowa City 1/25/2010 01-25-10 8 ~ r ~.:.®a7~ ~ ~111~ ,. .,,r,~,~-~~ -•ti.a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org January 11, 2010 One Poor Student, Inc. 18-20 S. Clinton Street Iowa City, IA 52240 Re: One-Eyed Jake's Dear Mike Porter, Attached is a copy of the memo from the Iowa City Fire Department recommending that City Council deny your application for renewal of your liquor license. Under Iowa City Ordinance 4-2-4: NOTICE AND HEARING: you are entitled to, "an opportunity to be heard prior to the imposition of a civil penalty, suspension or revocation or disapproval of an application for renewal." Please find enclosed a copy of Iowa City Ordinance 4-2-4 for your reference. The City Council will be considering your application at their January 25, 2010 City Council meeting, which starts at 7:00 p.m. in Emma Harvat Hall. This meeting will be your opportunity to be heard on your application. Sincerely, Marian K. Karr City Clerk Cc with attachments:: Andrew J. Rocca, Fire Chief John Grier, Fire Marshal Eleanor Dilkes, City Attorney vCity Council Liquor/Beer License Applications Fire Prevention Bureau Inspection Report Applicant: Mike Porter Doing Business As: One-Eyed Jakes Site Address: 18-20 S. Clinton Street The Iowa City Fire Department ( )approves (X) disapproves the license application. Signature: ~--- ' '~ Date: / ~,~/ lt3 ~f Reason for disapproval: See attached memorandum. a m ~ ~ ~ ,®. ra .~ ~ cx3 ~°- ~~ r- -~ ° ~ -r;, - ~ ~ CITYOFIOWA CITY Iowa City Fire Department "Serving with Pride and Professionalism Since 1872" rv 0 DATE: January 8, 2010 ~ ~ ~ TO: City Council -.~ "` i . ~ -,~ ~-- FROM: Andrew J. Rocca, Fire Chief ~,~ ~'- c~v RE: Disapproval Recommendation for One-Eyed Jukes Liquor Licse •• w Due to the imminent life, health, and safety concerns presented by violation of the International Fire Code regarding means of egress/stairway width, the Fire Department recommends denial of One-Eyed Jakes' application for renewal. As the following timeline indicates, attempts to correct the noted violation have been ongoing, yet unsuccessful. ^ November 30, 2006: Fire Prevention Bureau inspects One-Eyed Jakes and issues a number of violations, including one for insufficient stairway width. ^ December, 2006 through early February, 2007: Discussions with One-Eyed Jakes owner, manager, and attorney about bringing the stairs into voluntary compliance. Given the closeness in time between the inspection report and the liquor license renewal, the Fire Department agrees not to recommend denial of their liquor license on the early 2007 renewal. Council renews One-Eyed Jakes' liquor license in early 2007. One-Eyed Jakes refuses to bring stairway to mandated 44 inches. ^ February 9, 2007: Then-Fire Marshal Roger Jensen issues One-Eyed Jakes municipal infractions for all violations, including stairway width. ^ January 29, 2008: Because no work has been performed on the stairs more than a year after .the 2006 citation, the Fire Department recommends denial of One-Eyed Jakes' liquor license renewal. Following a hearing, City Council votes to deny the renewal. ^ September 26, 2008: One-Eyed Jakes executes a Settlement Agreement, negotiated by One- Eyed Jakes, the Fire Department, and the City Attorney's Office, and signed by Mayor Bailey. In the Agreement, the City agreed to reverse its January 29, 2008, denial of One- Eyed Jakes' liquor license renewal, and to not use the stairway width as a reason to deny One-Eyed Jakes' renewal application in early 2009. In exchange, One-Eyed Jakes agreed to increase the width of the front stairway at 18-20 S. Clinton Street, Iowa City, IA, to 44 inches no later than December 31, 2009. FIRE DEPARTMENT • 410 E. Washington Street • Ioira City, IA 52240 Phone: (319) 356-5260 FAX: (319) 356-5263 erk~w.icfiLorg Office of the Fire Chief Office of the Fire Marshal Battalion Chiefs Fire Training HazMat Public Education Fine Administration Fire Prei~ention Bureau Station 1 Station 1 Station 2 Station 3 (319)356-5256 (319)356-5257 (:319)356-5262 (319)356-5258 (319)356-5266 (319)356-5265 ^ February 10, 2009: Council, honoring the Settlement Agreement, approves renewal of One- Eyed Jakes' liquor license. ^ December 1, 2009: Fire Prevention Bureau inspects One-Eyed Jakes and notes a violation for insufficient stairway width. ^ December 31, 2009: One-Eyed Jakes defaults on the Settlement Agreement by failing to widen the stairway. ^ January 6, 2010: Building permit issued to perform work at One-Eyed Jakes. ^ January 8, 2010: Stairway project remains incomplete. The establishment has had sufficient time to comply with the Settlement Agreement and has failed to do so, prompting the Fire Department to recommend disapproval of their renewal application. /aj r © ca _ ° ~~ x ~~ ~ ~~ i r-- :<<~.; ~ ~ ~ ~ ~ N .. ~' W C7't 4-2-3 4-2-5 memo setting forth the reasons for disapproval no later than seven (7) calendar days prior to the expiration of the current license in the case of renewals, or within seven (7) days of completion of the application, including the state requirements, in the case of applications fora new license. Renewal applications will not be accepted more than seventy (70) days prior to expiration of the present license. The application must be reviewed and approved or denied by the city council. (Ord. 09-4357, 10-6-2009) 4-2-4: NOTICE AND HEARING: The city council shall provide the licensee or permittee an opportunity to be heard prior to the imposition of a civil penalty, suspension or revocation or disapproval of an application for renewal. Notice may be given by personal service or first class mail directed to the manager or contact person of the applicant as listed on the application. Notice by personal service must be given at least five (5) days before the hearing. Notice by first class mail is effective on mailing and must be given at least six (6) days before the hearing. (Ord. 01-3968, 6-12-2001, eff. 8-1-2001) 4-2-5: CIVIL PENALTIES: A. Any violation of state law, local ordinance, or the rules of the alcoholic beverages division by any employee, agent, or servant of a licensee or permittee shall be deemed to be the act of the licensee or the permittee and shall subject the license or permit of said licensee or permittee to civil penalties, including suspension or revocation. B. The city council may suspend a license or permit for a period not to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars ($1,000.00) per violation. Before suspension, revocation, or imposition of a civil penalty the license or permit holder shall be given written notice and opportunity for a hearing in accordance with section 4-2-4 of this chapter. C. A license or permit issued may be suspended or revoked, or a civil penalty may be imposed on the license or permit holder by the city council for any of the following causes: 1. Misrepresentation of any material fact in the application for such license or permit. October 2009 Iowa City g Iowa City Fire Department "Serving with Pride and Professionalism Since 1872" DATE: January 25, 2010 TO: Iowa City City Council FROM: Andrew J. Rocca, Fire Chief ~%~ RE: Disapproval Recommendation for One-Eyed Jakes Dance Permit Due to the imminent life, health, and safety concerns presented by violation of the International Fire Code regarding means of egress/stairway width, the Iowa City Fire Department recommends denial of One-Eyed Jakes' application for renewal. On December 1, 2009, the Fire Prevention Bureau inspected One-Eyed Jakes, noting a violation for insufficient stairway width. On January 6, 2010, a building permit was issued to widen the stairway at One-Eyed Jakes. As of this date, the stairway project remains incomplete, prompting the Iowa City Fire Department to recommend disapproval of One-Eyed Jakes' renewal application. /aj r N O ® ~_ ~ O 5..~ .....~ ~ ~ C7 ~ ' N C11 a -~^! C r"t'E ~„ -.~„, ~ ~ ~ t~3 FIRE DEPARTMENT • 410 E. Wns{tington Street • lo~ra Ci7y, lA 52240 Phone: (319) 356-5260 FAX: (319) 356-5263 ~i~~rw.icfd.or~ Office of the Fire Chief Office of the Fire Marshal Battalion Chiefs Fire Training HazMat Public Education Fire Ad~ninistrcuion Fire Preren~ion Bureau Stcrtion 1 Station 1 Station 2 Station 3 (319)356-5256 (319)356-5257 (319)356-5262 (319)356-5258 (319)356-5266 (319)356-5265 g ,.~ --~ '" CITYOFIOWA CITY Dance Permit Application Fire Prevention Bureau Inspection Report 0 G Applicant: Mike Porter ~"`~ ° ~ ~ .=~ r ~ ..~ r-- Doing Business As: One-Eyed Jakes '~~ o ~ ~ ;.~, ~: w .. , Site Address: 18-20 S. Clinton Street y~ The Iowa City Fire Department ( )approves (X) disapproves the permit application. Signature: Date:_~~aS ~! 0 Reason for disapproval: See attached memorandum. :~~ SETTLEMENT AGREEMENT WHEREAS, on February 9, 2007 the City of Iowa (City) issued Haywood Belle and One Poor Student, Inc., d/b/a One-Eyed Jake's (OEJ's) a municipal infraction under Iowa Code §364.22 (2007) for having a stairway less than 44 inches in width at 18-20 S. Clinton Street, Iowa City, Iowa, in violation of the City Fire Code. Cit v. Belle and One Poor Student Inc., Johnson County No. SCSC 066977; WHEREAS, Haywood Belle is the owner of 18-20 S. Clinton Street, Iowa City, Iowa, which is a three-floor commercial structure, and OEJ's leases the second and third floors; WHEREAS, OEJ's and Haywood Belle have pled not guilty to the charge contained in the municipal infraction; WHEREAS, the trial on the municipal infraction is scheduled for September 29 and 30, 2008; WHEREAS, on January 29, 2008, the City Council denied OEJ's application to renew its Class C Liquor License as recommended by the City Fire Department; WHEREAS, OEJ's appealed the denial of the liquor license to the Alcoholic Beverages Divisian (ABD). In re One Poar Student Inc d/b/a One-Eyed Jake's, Docket No. A-2008- 00003; WHEREAS, the hearing before the ABD is pending the resolution of the municipal infraction; and WHEREAS, the City and OEJ's wish to enter into an agreement in settlement of the issues raised in district court and before the ABD. IT IS THEREFORE AGREED AS FOLLOWS: "This agreement is entered into to compromise disputed claims between the parties and in no way is an admission by either of the parties as to any claim. Municipal Infraction 2. OEJ's will increase the width of the front stairway (stairway) at 18-20 S. Clinton Street, Iowa City, Iowa to 44 inches na later than December 31, 2009. Prior to commencement of the stairway remodel, OEJ's will submit the remodel plans to the City, and the City will certify that said plans wilt bring the stairway into full compliance with the Fire Code, subject to final inspection by the City to ensure conformity with the remodel plans. The City will file a motion to continue the trial to a date certain after December 31, 2009 in order to accommodate the terms of this agreement. 4. After final inspection by the City and determination that the remodeled stairway complies with the Fire Code as provided in Paragraph 2 above, the City will dismiss the municipal infraction citation with prejudice at cost to OEJ's. If the Court will not agree to continue this matter to a date certain after after Dccember 31, 2009, the City will dismiss the infraction without prejudice at cost to OEJ's. If the City re-files the municipal infraction citation after December 31, 2009 because the stairway does not comply with the Fire Code, OEJ's will cooperate with scheduling a prompt trial of the matter. Liquor License The City will withdraw the denial of OEJ's application to renew its liquor license and will thereafter approve the application. The City will notify the ABD of the withdrawal and the subsequent approval of the liquor license. 7. At the next renewal of OEJ's liquor license scheduled for January 2009, City Fire Department staff will not recommend to the Iowa City City Council that the license should be denied due to the width of the stairway, and City Council will not deny the application for said reason. The City reserves the right to deny the liquor license in January 2009 on the basis of any other provision of state law or the City Code. The City acknowledges that presently, with the exception of the width of the stairway, there are no known state or City code violations at 18-20 S. Clinton Street, Iowa City, Iowa, and the City further acknowledges that OEJ's does not concede that said width violates the City Code. Susan Dulek Attorney for City ofkowa i ~, ~ ___ i" Mike Porter One Poor Student, Inc., d/b/a One Eyed Jake's 9-~y~ Date i - d S- -d~ Date "~~ Date „~ 62 ~t/vfi~n / Daniel P. Kresowik Date Attorney for One Poor Student, Inc., d/b/a One Eyed Jake's