HomeMy WebLinkAbout1983-02-02 CorrespondenceWAIVER OF NOTICE AND CALL OF SPECIAL MEETING
THE UNDERSIGNED, Mayor and Councilpersons, being all
the members of the City Council of Iowa City, Iowa, and all
being present at a special meeting of the City Council held
at 4:00 o'clock,P.M., on the 2nd day of February , 1983 ,
in the Council Chambers at the Civic Center in Iowa
City, Iowa, do hereby waive any and all requirements of the
calling of a special meeting, pursuant to the Ordinances
and Resolutions of the City of Iowa City, as to notice of time
and place of the meeting and do hereby consent to the holding
of said special meeting for the purpose of considering motion
_setting a public hearing for March 8th, 1983, on an ordinance amending
Chapter 8.10, The Zoning Ordinance of the Municipal Code of the City of
Iowa City, Iowa, by rezoning the entire 113A area of Manville Heights to RNC -20.
Dated this 2nd day of February 19 83
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Mary eulauser
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CEDAR RAPIDS •DES MOIYES I
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T0: City Council of Iowa City
Dear Council Members:
It appears from press reports that the decision has
already been made to set the downzoning of Manville Heights
for public hearing. Nevertheless, we feel that basic
fairness and due process dictates that the persons affected
by such decision be allowed some input as regards that
decision. As your own agenda states, "consideration" is to
be given to setting this public hearing. Whether the
decision has been made or not following are some factors we
believe the Council should "consider".
First, the Council should bear in mind that Messrs.
Furman and Nolan have, in good faith, attempted to comply
with applicable law and ordinances. They are in the process
of constructing apartments which are, and have been
appropriate in the subject area for over twenty years.
As the Council should be aware, Muncipal Code Section
8.1O.32(C) requires the Council establish a fee by
resolution and the payment thereof to the Clerk prior to any
action being taken on a rezoning. No such fee has been
deposited. This failure renders any action, including the
setting of a public hearing, void and of no effect, and we
suggest that any Court would so decree.
We are cognizant that the City's position is that this
matter springs from a rezoning recommendation of the
Planning and zoning Commission, and therefore, no deposit is
necessary. This is a specious position. The agenda
comments state that the Commission recommended consideration
of a public hearing on a moratorium, not on a rezoning.
Therefore, the Council purportedly taking up the matter of
rezoning upon the Commission's recommendation is nothing
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FEB 2 1983
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more than governmental legerdemain which the courts, we
believe, will readily see through and reverse. On the
contrary, the real impetus behind this rezoning is, and has
been, those residents of Manville Heights who petitioned the
Commission and the Council for rezoining. It is in response
I
i to these petitions and the vocal protest of these residents
�I that the Council now "considers" setting a public hearing on
downzoning and the proposed zoning amendment is clearly the
product of those protests.
Under the clear dictate of Section 8.10.32(C) these
i protesting residents are required to pay an appropriate fee
as established by resolution. we believe, and feel the
1
courts would agree, that setting a public hearing on this
downzoning without deposit of the fee is ultra vires and
illegal.
Second, we have filed, pursuant to the administrative
code (2-184 et. seq.) an appeal on the interpretaton and
enforcement (or lack thereof) of Section 8.10.32(C). No
action or response has been forthcoming from the City on
this matter and we believe that setting a public hearing on
the downzoning in the face of this appeal to be ultra vires
and illegal.
The procedural irregularities which are being ignored
in the haste with which the Council is attempting to
downzone this area raise serious questions of lack of
procedural due process and unequal protection of law to
Messrs. Furman and Nolan. The Council and its legal staff
should consider these points, which consideration should
take considerably longer than the two minutes mentioned in
the regular Council meeting of February, 1983.
FEB2 1983
R#,eli3N /-
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CIT
Y CLERK
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Yours truly,
RATE, NOLAN, BOHANAN, MOEN & LUCAS
22 East Court Street
Iowa City, Iowa 52240
WILLIAM C. LUCAS
MILKWIL14ED BY I
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CEDAR RAPIDS DES 1401NES '
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