HomeMy WebLinkAbout1977-02-01 Correspondence0
MEMORANDUM
0
January 26, 1977
TO: The Iowa City Council Members - J. Balmer, C_ deProsse,
P. Foster, M. Neuhauser, D. Perret, M. Selzer, B. Vevera
FROM: Mary Howsare
900 N. Dodge St.
During this time when we can do nothing more than wait for some answers
and legal decisions concerning the proposed plan for three, 29 -Unit apart-
ment buildings to be built on this tract of land next to our property on Dodge,
I would hope that I could convey to each of you the personal impact this will
have on our family.
The first building under construction since December is only 10 ft. from
our lot line and will run nearly to the back of our yard. Our lot is 350 ft.
long so you can visualize the size of the building: To imagine even one
completed 2 1/2 story building, 10 ft. from us is just overwhelming. There
are numerous windows in this building and to have any privacy at all for our
family in the future, it will be necessary for us to install a solid wood fence
8 or 9 ft. tall on the North of our property.
We bought our property three years ago in a neighborhood we expected to
remain residential. We love our house and our neighborhood the way it
is now and are certainly not the only residents that feel this way. If this
proposed complex, or even the first of three buildings is allowed, by the
Council of this city, to be completed, my husband and I feel we will have
no recourse but to sell our property and we feel it is a violation of our
rights as an Iowa City resident to be forced to do that.
We urge the Council at this time to first consider the welfare of our com-
munity, Happy Hollow Park, Horace Mann School, and secondly, not to
forget the desires of the voting residents who live in the northend of Iowa
City. Think for a moment of our neighborhood as your own neighborhood,
and what's being built next door to me, being constructed next door to you.
I would say in closing, we are pleased with the actions and concern of the
Council until now, don't disappoint us or the other residents in the Iowa City
northend, please. Thankyou.
1 X012 31977 D
ADJ'ij JTOLFU_,
CITY CLERK 200
�! CSTOLFUS
CITY CLUNK
MEMORANDUM
TO: City Council of Iowa City. Members: J. Balmer, C. deProsse,
P. Foster, M. Neuhauser, D. Perret, M. Selzer, B. Vevera
FROM: Mary Howsare
900 N. Dodge
RE: Re -zoning of the North Dodge property back to R2
I would ask you as council members, to give thought and great consideration
to the following points of interest:
1. We, the residents of the Dodge Street neighborhood now, feel like we are
being penalized for what happened ten years ago. This trace of land was
not developed at all during this ten years, making the re -zoning to R3B
useless in the first place. Residents who live in this neighborhood now,
and are affected by this decision now, should have a voice in the re -zoning
of this property.
2. Residents who own property in this neighborhood should not be forced to
consider selling their property because they feel they cannot tolerate what
this development, already partly constructed, would do their community.
3. The city of Iowa City might consider exchanging a tract of urban renewal
land for the Dodge St. property in question. Options would then be open
to extend Happy Hollow Playground or lots could be sold for famil dwellings.
4. Consider the true meaning of an extraordinary majority on a five -member
council, as was the case ten years ago. Also consider the "intent" of the
petition drawn up and signed by residents of this neighborhood ten years
ago not the "wording" of the petition.
You, the Iowa City Council members, were elected by the people --certainly you
should make decisions for the people. I would ask you again to base your de-
cisions on what will benefit the communities of our city as a whole, not to
benefit only a few who will make materialistic gains from apartment develop-
ments.
This Iowa City Council can do something now to save our Northend from apartment
invasion. Think, for a moment, of the Northend as your neighborhood, and
you will know how we feel. Thankyou. S
0200
FEB 1 41977
D
February 1, 1977
�! CSTOLFUS
CITY CLUNK
MEMORANDUM
TO: City Council of Iowa City. Members: J. Balmer, C. deProsse,
P. Foster, M. Neuhauser, D. Perret, M. Selzer, B. Vevera
FROM: Mary Howsare
900 N. Dodge
RE: Re -zoning of the North Dodge property back to R2
I would ask you as council members, to give thought and great consideration
to the following points of interest:
1. We, the residents of the Dodge Street neighborhood now, feel like we are
being penalized for what happened ten years ago. This trace of land was
not developed at all during this ten years, making the re -zoning to R3B
useless in the first place. Residents who live in this neighborhood now,
and are affected by this decision now, should have a voice in the re -zoning
of this property.
2. Residents who own property in this neighborhood should not be forced to
consider selling their property because they feel they cannot tolerate what
this development, already partly constructed, would do their community.
3. The city of Iowa City might consider exchanging a tract of urban renewal
land for the Dodge St. property in question. Options would then be open
to extend Happy Hollow Playground or lots could be sold for famil dwellings.
4. Consider the true meaning of an extraordinary majority on a five -member
council, as was the case ten years ago. Also consider the "intent" of the
petition drawn up and signed by residents of this neighborhood ten years
ago not the "wording" of the petition.
You, the Iowa City Council members, were elected by the people --certainly you
should make decisions for the people. I would ask you again to base your de-
cisions on what will benefit the communities of our city as a whole, not to
benefit only a few who will make materialistic gains from apartment develop-
ments.
This Iowa City Council can do something now to save our Northend from apartment
invasion. Think, for a moment, of the Northend as your neighborhood, and
you will know how we feel. Thankyou. S
0200
PHONE
AREA CODE ]ID
336.6691
PROTEIN BLENDERS, INC.
Consistenfly ... fhe Feed of Champions 2420 HIGHWAY 218 SOUTH
P.O. BOX 631
IOWA CITY, IOWA 52240
January 26, 1977
Mary Neuhauser, Mayor
City of Iowa City
Iowa City, Iowa 52240
Dear Mayor Neuhauser:
In the heat of your many problems in Iowa City, there's
one condition that would benefit many citizens and doesn't
have a great expense connected to it. This problem is the
great need for left turning arrows at some busy intersections
that currently create very dangerous and congested traffic
conditions. To really see this, you must get out in the traffic
at 7:45 AM and 4:30-5:00 PM each day at these points to appre-
ciate the ha stle that our citizens are put to in trying to get
through an intersection. These occur in the following areas
that I'm exposed to regularly which are severe bottlenecks:
(1) Wardway Corner - cars moving west and attempting to turn
south on 21B have no green arrow and sometimes are backed up
15-20 deep with only 2 or 3 getting through the intersection
before the l fight change.
(2) Benton Street and Riverside Drive - cars moving west on
Benton and attempting to turn south on Riverside have no green
arrow and at times are lined up back over the Benton Street
bridge. Also cars going east on Benton that want to turn north
have the same problem. Green arrows could come on together
here and move the Benton traffic north and south simultaneously.
This intersection is very dangerous the way it's now handled.
(3) Melrose Avenue & Mormon Trek - cars attempting to turn east
from a south ernly direction off Mormon Trek are faced with 2
lanes of traffic coming north at them and down a hill off Mor-
mon Trek. There's no green arrow for left turn east on Melrose
and many times only one or two cars get through. On Tuesday,
January 25th, the roads were slick from wet streets freezing
overnight and the south bound cars on Mormon Trek were backed
up north within a block of the Rock Island Railroad trestle by
the University apartment complex. Only one car was getting
CAW
FOR
µy n•••' MARKET AND
SHOW RING
U Ih r DDJAN2 71977
hLiu1E STOLFUS
CI i Y CLERK gas
PHONE
AREA CODE 319
338.3833
PROTEIN BLENDERS, INC.
Consistently ... the Feed of Champions 2420 HIGHWAY 218 SOUTH
P.O. e0% 681
IOWA CITY, IOWA 52240
January 26, 1977
Mayor Neuhauser
Page 2
through on each light change. The traffic before 8:00 AM and
5:00 PM is very heavy with West High School students and people
to and from work - let alone numerous large trucks or buses.
These are just three, Mary Neuhauser, and I'm sure there
are more. It needs the Council's attention now. Greater
Chicago has 7,000,000 people and they move left turning traffic
much better than Iowa City. It's because they believe in put-
ting green turning arrows in everywhere possible.
If the Council will investigate, they'll find there's a
definite problem that needs prompt action. I hope you can be
of assistance.
CUK/nc
I ' W94CAW]"I a
I I
FOR
MARKET AND
SHOW RING
very truly yours,
Charles U. Kelly
President
JN21 71977
ABBIE S T OLFUs
CIS r CURK
• � Fit .
I• M[ ,
CIVIC CIOWA 11pI WASHINGTON U24DST.
IOWA 19.3 IOWA 57tIp
51XIA�c.� JIBJ54IBW
1p1W"Clfl: lONp1
February 8, 1977
Charles U. Kelly, President
Protein Blenders, Inc.
P.O. Box 631
Iowa City, Iowa 52240
Dear Mr. Kelly:
Mayor Neuh auser has received your letter regarding traffic problems
and has sent it to Public Works for consideration and reply.
Each year the Traffic Engineering Division prepares a list of high
priority intersection improvements and programs them within the five
year budget. By necessity, several projects are eliminated due to
budgetary restrictions.
We are pleased to report that two of the projects mentioned in your
letter have received funding. A temporary traffic signal improve-
ment will be installed at Wardway corner, and this installation will
have left turn arrows. The installation is temporary due to the fact
that the State Highway Department is planning to rebuild this entire
intersection at the same time Highway 1 West is rebuilt. Benton
Street and Riverside Drive is scheduled for construction after July 1,
1977. It is doubtful it will be built this summer due to the fact
that land must be acquired, but we will move the project along as fast
as possible.
The City Council has also authorized funding for left turn storage
lanes and arrows at Sycamore and Bypass 6, and Hollywood and Keokuk,
In addition, the Council has authorized funds for new signals on
Market and Jefferson Streets from Clinton to Governor.
Ile are constantly faced with the problem of allocating money to the
most needy projects and because of this, the intersection of Melrose
Avenue and Mormon Trek is not planned within the next five yenrs. Wo
do know that problems occasionally occur at this intersection, but
based on eliminating the worst problems first, it must truthfully be
said that it will be several years until that particular intersection
is considered for improvement.
RETAKE OF PREU_DING DOCS; ,+, 1
N
0
Letter to Charles U. Kelly, President Protein Blenders, Inc. 2/8/77 page 2
We realize that it often seems that governmental agencies move slowly
in correcting traffic problems. Unfortunately, in these increasingly
complicated times, this has come to be the norm rather than the
exception. Within these constraints, we will continue to speed all
of the above projects toward completion.
Sincerely,
/f Richard J. P steno
Director o ublic Works
RJP:rf
cc: Neal Berlin/ City Council
Mrs. Abbie Stolfus
City Clerk
Iowa City Civic Center
Iowa City, Iowa 52240
Re: Boulevard Room, Ltd. — Liquor and Beer License
Dear Mrs. Stolfus:
PHONE 338-755I
AREA Coo[ ]IB
As attorney for the Boulevard Room, Ltd. I wish to advise
you that the Boulevard Room, Ltd. has changed the trade name of the
Boulevard Room located at 325 East Market Street. Effective January
12, 1977, the new trade name for the premises will be "Turn -In Point".
There will be no change of ownership of the business or any change in
the location of the business and I am merely advising you of the change
of trade name so that you can have the appropriate change acknowledged
by the City Council in regard to the liquor and beer license permit
which has previously been issued to the Boulevard Room, Ltd.
If you need any additional information to present this change
to the City Council, will you please advise me. It is my undeEstanding
that following the acknowledgment by the City Council of the change of
the trade name that notice will be sent to the State Liquor Control Com-
mission.
Sincerely yours,
LEFF, LEFF, LEFF
Alan R. Leff
ARL:sf
JAN 2 41977
AGB!E STOLFUS
unr Ub
LAW OFFICES OF
LEFF, ]EFF, r.EI1" & ri lIIPERT
ARTHUR O.Lerr
[22 SOUTH LINN STRMG-P.O. COX 2- 7
PHILIP A. LEFF
IOWA CITY, IOWA
ALAN R. LCFF
52240
R. BRUCE HAUPERT
January 19, 1977
Mrs. Abbie Stolfus
City Clerk
Iowa City Civic Center
Iowa City, Iowa 52240
Re: Boulevard Room, Ltd. — Liquor and Beer License
Dear Mrs. Stolfus:
PHONE 338-755I
AREA Coo[ ]IB
As attorney for the Boulevard Room, Ltd. I wish to advise
you that the Boulevard Room, Ltd. has changed the trade name of the
Boulevard Room located at 325 East Market Street. Effective January
12, 1977, the new trade name for the premises will be "Turn -In Point".
There will be no change of ownership of the business or any change in
the location of the business and I am merely advising you of the change
of trade name so that you can have the appropriate change acknowledged
by the City Council in regard to the liquor and beer license permit
which has previously been issued to the Boulevard Room, Ltd.
If you need any additional information to present this change
to the City Council, will you please advise me. It is my undeEstanding
that following the acknowledgment by the City Council of the change of
the trade name that notice will be sent to the State Liquor Control Com-
mission.
Sincerely yours,
LEFF, LEFF, LEFF
Alan R. Leff
ARL:sf
JAN 2 41977
AGB!E STOLFUS
unr Ub
City Council of Iowa City
c/o Clerk of Council
Civic Center
410 E. Washington
Iowa City, IA 52240
Council members:
530 Brown St.
Iowa City, IA 52240
14 January, 19y'7
Along with many other members of Iowa City's north side
neighborhood, I protest the construction of one of three
large apartment buildings planned for the property on the
east side of North Dodge Street (about 912 N. Dodge), just
north and west of Happy Hollow Park. The first of the three
buildings is now under construction at an extremely rapid
pace.
Such construction should be stopped and reexamined on the
following basis:
1- These buildings will be entirely inconsistent with
local housing, both in appearance and use. The R3B
zoning of this property is indeed a fact, but such
zoning was initiated under very dubious conditions
which undercut the desires of local residents.
2- Neighbors facing, adjoining and surrounding this pro-
ject clearly oppose it.
3- With the proposed 87 apartments (ultimately) facing a
busy street, children of residents would no doubt seek
to use Happy Hollow Park as their back yard since the
park is contiguous to the property in question. This
park Is already very heavily used by neighbors within
surrounding blocks and by softball teams.
4- The builder apparently provided Incomplete information
for this building permit and this tends to hide the
true nature and extent of his development and apparently
seeks to circumvent certain building code restrictions.
I urge the City legal staff to look into this matter
carefully. In addition, I am one of several neighbor-
hood citizens who Is retaining counnel to pursue this
Issue In any area where the City fails to pursue it.
5- Fast counter -action is needed: the developer Is appar-
ently using, Pxtreme measures to completo his project
before tho nPighborhoo!1 or the C11:Y ^7nurr,1l ar the
Plannlry, eirwt 20nlr.: CoT^I.^,SIOII bei;u :r aro us e3 about it.
,20 7
The City, with its agencies and commissions, has a legal and
moral responsibility to carry out the desires of its residents,
both of developers and of protesting neighbors. I hope that
the Council will respond with all due speed and thoroughness
in this matter. The desires of this neighborhood have been
shunted aside in the past concerning this property; we again
look for responsiveness in the city government.
Respectfully,
ll Als 11riPtdreA—,
Dennis W. Chadwick
530 Brown Street
Iowa City, IA 52240
e 9 Fie,
carAM[•c[., •_ • CIVIC CEMEN.aO E WAWNG10N 5T.
IOWA CIM IOWA S]i10
ak'�=
•
February 7, 1977
Mr. Dermis Chadwick
530 Brown Street
Iowa City, Iowa 52240
Dear Mr, Chadwick,
As you are aware, the City Council and City staff has spent
considerable time investigating the facts and legal issues involved
in the rezoning of the North Dodge Street to R3 in 1967. At that
time, both the Planning and Zoning Coami:ssions and the City Council
voted in favorof the rezoning, While residents filed to protest,
they did not bring it to the attention of the City Council that they
were the 208 of property owners who had standing to require an
extraordinary majority under Section 414.5, Iowa Code, In Board
of Supervisors of Washington County v, Abide Brothers, 231 So2 483,
485 (1973), the court held that property owners had the responsibility
to affirmatively show that they were within the statutory class
who could validly object.
A major problem is the ten year delay in raising the issue.
Courts have frequently held that a party is barred from challenging
the validity of a zoning ordinance if he is guilty of laches.
The elements of laches are: knowledge or reasonable opportunity to
discover on the part of the potential plaintiff that he has a
cause of action, unreasonable delay by the plaintiff in commencing
that cause of action, and damage to the defendant resulting from
the delay. Buell v. City of Dremerton, 495 P2d 135 8 (1972).
In City of Creston v. Center lk, 51 N112d 463 (1952), the Iava
Supreme Court held the property owners were estopped to contend
that an ordinance was invalid twenty—one years later,
The City will require conrdliance with its ordinances, including
Large Scale Residential Development, Storm Water Management and
the Tree Ordinance, both for the building under construction and for
any future development.
Mr. Dennis Chad;,vick
February 7, 1977
Page 2
Ile recognize that Happy Hollow Park is heavily used and are
investigating the feasibility of increasing the size of the park
by condemning adjoining property.
While some of us may not agree with decisions made by the City
Council and staff ten years ago, in some respects we are bound by
then. we will be giving continuing consideration to the problems
of the North side.
Sincerely,
Angela Ryan
Assistant City Attorney
AR:cb
e 9 Fie,
carAM[•c[., •_ • CIVIC CEMEN.aO E WAWNG10N 5T.
IOWA CIM IOWA S]i10
ak'�=
•
February 7, 1977
Mr. Dermis Chadwick
530 Brown Street
Iowa City, Iowa 52240
Dear Mr, Chadwick,
As you are aware, the City Council and City staff has spent
considerable time investigating the facts and legal issues involved
in the rezoning of the North Dodge Street to R3 in 1967. At that
time, both the Planning and Zoning Coami:ssions and the City Council
voted in favorof the rezoning, While residents filed to protest,
they did not bring it to the attention of the City Council that they
were the 208 of property owners who had standing to require an
extraordinary majority under Section 414.5, Iowa Code, In Board
of Supervisors of Washington County v, Abide Brothers, 231 So2 483,
485 (1973), the court held that property owners had the responsibility
to affirmatively show that they were within the statutory class
who could validly object.
A major problem is the ten year delay in raising the issue.
Courts have frequently held that a party is barred from challenging
the validity of a zoning ordinance if he is guilty of laches.
The elements of laches are: knowledge or reasonable opportunity to
discover on the part of the potential plaintiff that he has a
cause of action, unreasonable delay by the plaintiff in commencing
that cause of action, and damage to the defendant resulting from
the delay. Buell v. City of Dremerton, 495 P2d 135 8 (1972).
In City of Creston v. Center lk, 51 N112d 463 (1952), the Iava
Supreme Court held the property owners were estopped to contend
that an ordinance was invalid twenty—one years later,
The City will require conrdliance with its ordinances, including
Large Scale Residential Development, Storm Water Management and
the Tree Ordinance, both for the building under construction and for
any future development.
Mr. Dennis Chad;,vick
February 7, 1977
Page 2
Ile recognize that Happy Hollow Park is heavily used and are
investigating the feasibility of increasing the size of the park
by condemning adjoining property.
While some of us may not agree with decisions made by the City
Council and staff ten years ago, in some respects we are bound by
then. we will be giving continuing consideration to the problems
of the North side.
Sincerely,
Angela Ryan
Assistant City Attorney
AR:cb