HomeMy WebLinkAbout1983-04-12 Correspondencell\
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IOWA -ILLINOIS GAS AND ELECTRIC COMPANY
IOWA CITY, IOWA 52240
T. T. MOOOENWENF
DISTRICT MANAGER
April 5, 1983
The Honorable Mary C. Neuhauser
Mayor of the City of Iowa City
410 East Washington
Iowa City, Iowa 52240
Re: Proposed Transmission Line Along Railroad Right-of-
way - east Iowa City
Dear Mayor Neuhauser:
We are happy to cooperate with the City and have no
plans to start construction on this line until legal action
is completed.
Sincerely,
TTH:F
RECEIVE
1983
QuikTrip
April 5, 1983
City Council
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Members of the Council:
I am writing on behalf of QuikTrip Corporation which operates 260
stores in four states, five stores of which are located in the Iowa City
area.
Approximately one year ago, we were cited by the Building Inspection
Department for some signs which were out of compliance with the
zoning ordinance. We went to the Board of Variance and were
granted an extension for removal of signs until the Board could get a
recommendation to the City Council proposing a revision of the sign
ordinance. We were informed last Fall that the ordinance would not
be revised and to remove our signs, which we have done.
It is my understanding that the current ordinance was revised in 1973
and instituted some very strict requirements regarding allowed signs.
Apparently the enforcement was lax, as we were not aware of some
of these restrictions until the citations were received. Many Iowa
City businesses still have non -conforming signs up.
QuikTrip Corporation has its own in-house marketing department and
all of our signs are professionally designed and manufactured. We
have no desire to stick signs all over our buildings and property, but a
certain amount of signs are essential to our business. Since the
problems have arisen, I have talked with Glen Siders of the Building
Department, and to Don Schmelser of Planning and Program
Development. I also talked with City Manager Neil Berlin, who
advised that I write this letter. Don Schmeiser informed me that
recommendations are being made for changes in the zoning
ordinances, but that approval would not be until August.
If recommendations are In the process which allow some of these
needed signs, I ask that consideration be given to leaving the signs up
until the revisions have been either approved or rejected. This would
save considerable expenses for local businesses forced to remove
signs which may be permitted in the very near future.
QuikTrip Corporation / 3030 Merle Hay Road / P.O. Box 857 / Des Moines, Iowa 50304 / (515) 276.5010 S179
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City Council of �' a City
April 5, 1983
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I would be happy to meet with you if further explanation is necessary.
Both Glen Siders and Don Schmeiser are well aware of the problems
and I believe can answer any questions you may have. Your
consideration will be greatly appreciated.
Very truly yours,
E. Michael Stanford
Division Manager
QL4KTRIP CORPORATION
IOWA DIVISION
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William J. Feldmann
312 N. Cedar St.
Monticello, Ia. 52310
26 March 1983
Office of the Mayor
Iowa City, Ia. 52240
Dear Mayor Neuhauser:
This letter is in response to an article in the March 26 edition
of the Cedar Rapids Gazette concerning the Elm Grove Park and the
Iowa Army National Guard.
I would like to discuss with you a misconception you have about
the Iowa Army National Guard. Let me assure you that you are not
alone in your misconception or in your apparent lack of support for
the National Guard unit stationed in Iowa City, or for that matter,
any Guard or Reserve unit anywhere in the state.
First and foremost, the Iowa Army National Guard is just that.
We are a part of the state government and we work at the pleasure of
the governor. We do have ties to the pentagon and we are a part of
the ready reserve force, but, we are Iowans, working in Iowa, for Iowa,
and with other Iowans trying to insure the safety and welfare of
Iowans first, and; the nation second.
Wouldn't it have been just as easy to discuss Col. Sentman's
proposal as it was to say "No" ? Your apparent lack of support for
the National Guard is reflected in your statements in the article and
yottr'position in the city government lends a certain amount of weight
to these negative,attitudes,that don't really need any more support.
I am a member of the 234th Signal Battalion stationed in Cedar
Rapids and I can tell you what lack of support for the Guard can do
to your unit. We need additional parking space and it looks like
we will have to walk a quarter of a mile each way to get to the armory,
if, we can obtain that tract of land. This leads to lowered morale
which leads to lower'numbers of people joining and staying in and in
turn leads to a lower level bf support capability.
I would propose that you change the attitude in Iowa City by invit-
ing Col. Sentman to explore, with you, the possibilities that exist
for comprimise.
If'you don't want the park and can't sell it why not use it for
something that in the long run will benefit the city with more money.
If the guard unit has adequate room to expand you may be able to foresee
a new unit there, hence, more people employed and more wages, etc.,
to be spent in Iowa City. Most all guardsmen and women work part time
in the Guard and are doing their part to improve the quality of life
in their city, state, country, and the world in general.
A little long range planning between cities that have National
Guard and Reserve Armories and the Iowa Army National Guard could
benefit the cities involved and the Guard and Reserve in Iowa.
Thank you for your time and may this letter be not in vain.
Al
Willie J. Feldmann
SFC IARNG
Co. C, 234th Sig. Bn.
Cedar Rapids, Ia.
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March 31, 1983
Sgt. William J. Feldmann
312 N. Cedar Street
Monticello, Iowa 52310
Dear Sgt. Feldmann:
Thank you for your letter of March 26. I believe I owe you an
explanation for my rather brusque response to the request for the
donation of Elm Grove Park to the National Guard.
First, I am not in any way negative to the National Guard in Iowa
City or in any other part of the state. However, I am opposed to
donating land to an organization which ought to have the means of
paying for it. Cities have borne the brunt of federal budget cuts,
while the military has benefitted tremendously. It would be
appropriate to seek funds from the federal government rather than
asking a city for the land.
Second, the purpose of marketing the land was two -fold. The City
Council has been trying to find money to purchase parkland. With our
limited resources we decided to sell a park that is no longer heavily
used to fund parks in more populated areas of town. In exchange for
losing Elm Grove Park, the City would develop the land commercially,
thus putting it on the tax rolls.
If the Council donated the land to the National Guard, we would not
receive payment to purchase parkland and the land would continue to
remain off the tax rolls. These were the primary reasons that the
City Council would not consider a donation to the National Guard. We
believe that eventually the land will be purchased for commercial
use. Until then, we will continue to use it as a park.
Sincerely,
Mary C. Neuhauser
Mayor
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30, March, 1983
To: The Iowa City City Council
Neal Berlin, City Manager
Last October, a woman ,got off an Iowa City bus at the bus interchange
downtown. As she was walking across the street, in the crosswalk, she was
struck by a bicycle. Both bicyclist and pedestrian were in the right, no
tickets were issued; still, this women spent a week in the hospital because
of this accident.
This illustrates only one type of hazard present at the downtown
transit interchange. Others include: lack of sidewalk space, and blind
spots for motorists and pedestrians.
We, the drivers of Iowa City buses, are concerned that someone will
become even more seriously injured.
Every quarter-hour as many as nine Iowa City buses are in the process
of arriving, boarding and deboarding passengers, and leaving the interchange.
Add to the Iowa City bus traffic,students coming and going to class,
shoppers using the north entrance of the Old Capitol Center, bicycles,
Cambus and Coralville buses, and motorists, and we have all the ingredients
needed for a tragic accident.
We work in this area every day and we're afraid. Afraid that with such
congestion one of us, a motorist, a bicyclist, or a pedestrian may
trigger a serious accident.
The big question is, "What can be done?"
I We all need to become more responsible pedestrians and motorists.
j But this is not enough; accidents have happened and will happen again
unless we take precautions to guard against them.
We need to limit the access to Wahin ton Street between Clinton
Street and Capito Street to tet rEe transit systems ana pedestrians.
Does it take an excited child rushing across the interchange and being
struck by an oncoming motorist, or another grandmother being struck by a
negligent bicyclist to change the existing hazard? We hone not.
Help us!
Respectfully submitted,
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PhU1Nvc;5,yy,-H:n!ca7'183, President
Arlo Fry, Senior D i er, Iowa City Transit
and 33 Iowa City Transit Operators
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WILLIAM V. PMELAN
WILLIAM M.TNCNCR
DANIEL W. BOYLE
CHARLES A.MULLIN
STEEHCN F. BRIGHT
BRUCE L. WALr.ER
RICHARD M.TuCMLR
THOMAS H.BCLMAN
RECEIVED APR 41983
PHELAN, TUCKER, BOYLE & MULLEN
ATTORNEYS AT LAW
BRCMfR BUILDING
TCLLPNONC
P. 0. Boz 2150 (aie) asa-N oa
IOWA CITY, IOWA 52244
Mary Neuhauser
Mayor
Civic Center
Iowa City, Iowa 52240
April 1, 1983
Re: Parking Ramp Privileges
Dear Mary:
When three-month parking passes were first available
in the parking ramps I believe I was the third person who
obtained a pass for the ramp located on Clinton Street and
I have had a three-month pass ever since such period of time.
Today I find that I am relegated to the top two floors, and
this deeply distresses me. I normally get into the ramp
between 6:30 and 7:30 in the morning, and on three or four
days out of a week I am in and out of the ramp probably twice
to three times a day. Over the past two years I have been
distressed on several occasions when I have driven.to the top
floor in order to find a parking space when I return some
times at 11:00 in the morning or 2:00 in the afternoon; but
I am more distressed when I attempt to leave the parking
ramp between 4:30 and 5:30 in the afternoon when some times
when I have been forced to park on a top level I find that
it takes me twenty minutes or in excess to get out of the
ramp by reason of the large number of cars.
I can only assume that the Chamber of Commerce felt
that the lower floors of the parking ramp should be used for
the people who use the downtown businesses; but I am a tax-
payer, I do use the ramp (I use the ramp probably more
frequently than people who shop in downtown Iowa City), and
I take great offense about the fact that we are required to
move to these floors. I also pick up the mail each morning
at the Iowa City Post Office and carry it from the ramp to
the office. I know this means I am only required to take a
few additional steps to use the elevator. If you could assure
141CROF1 LtdED BY
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April 1, 1982
Page 2
me that I would get out of the ramp on a reasonable time basis,
I would not feel this way. However, this is a problem and I
request that the Council give reconsideration to this policy.
I do feel the.policy discriminates between.those of us who
have offices and work in the downtown area,and particularly
those of us who use our cars on numerous occasions. ,This
would also include particularly people in the real estate
business, insurance business, and similar professions.
Perhaps this matter was on an agenda before the City Council,
but I do not recall seeing any notices of public hearing
in reference to this policy and I would appreciate its
review. Please note that I am sending a copy of this to
Neal Berlin and also to Keith Kafer at the Chamber of Commerce.
WMT/sb
cc: Neal Berlin
Keith Kafer
Very truly yours,
William M. Tucker
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June 7, 1983
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Mr. William M. Tucker
Phelan, Tucker, Boyle & Mullen
P.O. Box 2150
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Iowa City, Iowa 52244
Dear Mr. Tucker:
iSeveral weeks ago you wrote Mayor Neuhauser concerning the decision to move
the permit parkers to the upper levels of the ramps. This change was made
for two reasons. First, the downtown merchants have requested, for some
time, that permit packers not be allowed to park in the choice parking
spaces on the lower levels of the ramps so that those spaces will be
available for the shoppers or short-term visitors to the downtown. Since
the ramps were originally built to provide for the short term parkers only,
the merchants' request seems justified.
Secondly, the Council agreed in March 1983, to increase the number of
monthly permits sold in each ramp by about 70% (from 75 to 125 in each
ramp). If many of the choice parking spaces were already being filled by
the permit parkers, the increase in monthly permits would only make that
problem worse.
We appreciate your patronage of the ramps since its opening. Permit parking
continues to be provided at reduced rates. Based upon eight hours per day
for 21 days per month, the hourly cost for a permit parker is 154. That is
far less than street meter parking (204 per hour) or hourly parking in the
ramp (251 per hour).
I
The traffic flow is a continuing problem in the ramps when many cars are
leaving and/or entering at the same time. We are examining other traffic
flow patterns and exiting schematics for a possible solution. I cannot
guarantee that such a solution will be found due to the fact that the
logistics of moving many vehicles quickly through the ramp is difficult
with any traffic pattern. We recognize that parking limitations exist in
the Central Business District but find it difficult to suggest any absolute
resolutions to the problems short of leveling move buildings to provide for
additional surface parking.
Sincerely yours,
Neal G. Berlin
City Manager
cc:/Rosemary Vitosh
City Clerk
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REM . ,_.D , 1983
Iowa Department of Transportation
430 16th Avenue S.W., Cedar Rapids, IA 52404 (319)364-0235
April 4, 1983
The Honorable Mary C. Neuhauser
Mayor
City Hall
Iowa City, IA 52240
Dear Mayor Neuhauser:
REF: Johnson County
IR -80-6(96)205--12-48
Agreement No. 83-M-134
RE: P.C.C. Patching
This is official notification to your City Council that the Iowa
Department of Transportation proposes to let a P.C.C. patching pro-
ject on Primary Road No. I-80 from the Victor (V-38) interchange
easterly to the Stockton (Y-30) interchange on May 10,1983. A
part of said project lies within the City of Iowa City and extends
from the City's west corporation line easterly to the east corpora-
tion line.
The work will be done in accord with the current Form 810034, "Agree-
ment for Primary Road Extension Maintenance and Operation Project
costs will be paid from the Primary Road Fund and no charges will be
made against the City.
THe project is proposed for construction during 1983. Resident
Engineer Richard Kautz of Cedar Rapids, Iowa, telephone number, (319)
366-6818, will advise you of the contractor's proposed schedule when
the information is available.
We would appreciate this project notification being included on your
next City Council meeting agenda as a matter of information for the
Council members.
If you have anygquestions concerning the work involved, please contact
this office as soon as possible in order to expedite any possible
changes.
Very tr y you s,
Robert C. Henely
District Engineer
RCH:mf
cc: Ed Fawkes, R.O.W.
Richard Kautz, RCE - Iowa City
Will Zitterich - RME - Iowa City
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603
1017 Diana Street
Iowa City, Iowa 52240
March 31, 1983
Mayor Mary Neuhauser
Civic Center
Iowa City, Iowa 52240
Dear Mayor Neuhauser,
I am writing in regards to the application to rezone certain property
at 521 South Kirkwood Avenue. I attended the City Council's public hearing
on this issue on March 29, and I would like to address first the statement
made by Bruce Knight of the City Planning staff.
Mr. Knight stated that one of the most significant factors in the
planners' recommendations to rezone the property in question is the fact
that the western boundary of the property faces light industry; therefore,
the planners feel that high density multiple dwelling units are the appro-
priate "buffer" for the area. My question is why is it that the northern
and eastern boundaries of the property have not been taken into account in
this decision? Those boundaries face single family dwellings, and it is
my feeling that the RNC -20 zoning would destroy the integrity of such a
neighborhood. Those single family dwellings deserve to exert the same
influence on the planners that the light industrial area to the west
apparently has.
I find the concept of a "buffer" interesting here. Doth Mr. Knight and
Mr. Leff have used this word in regards to whatever structure is built when
521 South Kirkwood is developed. I see the hill that ascends from the
railroad tracks at Gilbert Court to 521 South I:irinaood as the actual and
natural buffer between the light industrial area at the bottom of the hill
and the single family dwellings at the top. The M-1 and the RNC -20 zonings
would provide an intrusion into the neighborhood, not a buffer.
I am concerned also about the alley to the north of 1016 Diana Street
as a possible secondary access to 521 South Kirkwood. There is an alley to
the north of my home which, in the last year, has been used as a secondary
access to property to the north of Diana Street or Kirkwood Avenue. When
one of the drivers speeding through this alley reached a speed of 40 mph
(my estimate), I attempted to talk with him about this matter. When he
refused, I contacted the police who told me there was nothing that could be
done unless the police caught the driver; they assured me that it would be
impossible to station a patrol car at this location. Then I called the City
Attorney's Office where I was told, after two days of conversations, that
there simply was nothing to be done about the speeding until someone was hurt
I am not willing to risk this danger if the alley to the north of 1016 Diana
is developed for secondary access to 521 South Kirkwood.
The traffic on Kirkwood is heavy now; a resident at the property in
question stated at the March 29 meeting that at 5:00P.M., she waited thirteen
minutes before she could enter Kirkwood from her driveway. It is obvious that
any multiple dwelling units would compound this problem. A walk south on
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Diana Street from Kirkwood demonstrates that that street cannot handle
whatever traffic and parking problems that opening the alley north of
1016 Diana as secondary access for multiple dwellings will create. Also,
I want to address the issue of protecting the developer's financial
interest in his property. I respect and understand the developer's desire
to realize a reasonable return on his investment and I know that the Council
and the Planning Commission are concerned about this. All that I would ask is
that the Council and the Planners give equal consideration to the investment
in time, money, and emotional commitment that the residents of this neighbor—
hood have made.
I like living at 1017 Diana Street, and I feel that it is very positive
to see my neighbors rallying to preserve the integrity of our neighborhood.
We would like to make a recommendation regarding the rezoning of 521 South
Kirkwood. At this time, I do not know what that recommendation might be.
M-1 and RHC -20 are inappropriate and unacceptable, but we were told at the
Zoning and Planning meeting that those were our only two choices. I hope
that we are able to discover an alternative.
Thank you for your time.
cc: John Balmer
Kate Dickson
Clemens Brdahl
Larry Lynch
John McDonald
David Perret
Yours truly,
Susan Seyfarth
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� Iowa Cily, Iowa S2440
710 Diana Court
Iowa City, Iowa 52240
April 4, 1983
Mayor Mary Neuhauser
Civic Center
Iowa City, Iowa 52240
1
Dear Mayor Neuhauser,
My wife and I purchased our home at 710 Diana Court in August
Of 1980. We were attracted to the neighborhood by the type of homes
' here and the proposed
_r quiet surroundings. I am concerned that the ro osed
rezoning of the property at 521 S• Kirkwood from M-1 to RNC -20, and
;. the subsequent development of hi
gh itrental units
permanently alter the desireabilydofsour neighborhood could
1' The area surrounding 521 S. Kirkwood is a residential area by
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natue. It consists of single-family, owner occupied households
repreareasentiing
notraarentalsareaohebetof
tioTo cstnm, ages, and incomes.
F is presently no multiple family or apartment units inothedgmmediate
vicinity of 521 S. Kirkwood. Rezoning this property to RNC -20 could
allow up to 60 rental units in an area that presently has one. That.:
drastic a change in density would create and compound problems
already existing in the neighborhood. The most serious
problem
be the amount of traffic generated by the increase of density. would
Traffic on Kirkwood street is already bad enough. Adding the traffic
from a 60 unit apartment complex would make it impossible. Diana
i' street is a narrow residential street. When cars are parked along
the curb presently, it is difficult at times to pass an oncomi
car. Also, traffic signals at the intersection of Dodge, Kirkwnogod,
and Diana Streets would almost be a necessity.
Another casualty of this rezoning request and subsequent develop-
ment would be the large trees existing there now. There are several
large Oak and Walnut trees on the property that could not be replaced
overnight. They provide valuable wild life habitat and also cut down
on noise polution from the area immediately to the west,
The reasoning behind the RNC -20 zoning as it has been explained
to me is to provide a transition zone between the residential area to
the east of 521 S. Kirkwood and the commercial properties to the west.
I question why is it better to have this transition zone more
compatible with the light commercial area to the west than the large
residential area that presently surrounds it.
no
ainst
I some serioustreservationseaboutgallowingthis ehighrdense sityapartments
but would ha
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j to be built in an area where they presently do not exist. I realize
(I that the developer has a right to realize a fair profit on his
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investment in this property, but not at the expense of the exiating
property owners.
For these reasons, I would ask the council to seriously consider
rejecting the proposed rezoning of the property at 521 S. Kirkwood
from M-1 to RNC -20. I feel it would be inaPP P' ro iate to allow a
large scale apartment development to be built in this area. There
is widespread concern in our neighborhood about the ramifications
of allowing this to happen. We would like to preserve our neighborhood.
As a lifetime resident of Iowa City, I feel I have an obligation
to express my concerns on these matters and oppose this proposed \
rezoning. Iowa City is a very special and unique place in which to
live. I hope we can preserve those special qualities that others
might enjoy them in the future also.
Thank -you for your time and consideration in these matters.
Sincerely,
1 j
j Patrick D. Gilpin
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` DORMPIDS'
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TO: Honorable Mayor and City Council
Iowa City, Iowa
We, the undersigned, being the owners of twenty percent
or more either of the area of the lots included in suctf a
proposed change, or of those immediately adjacent to the rear
thereof extending the depth of one .lot or not to exceed two
hundred feet therefrom, or of those directly opposite thereto,
extending the depth of"one lot or not to exceed two hundred
from the street frontage of such opposite .lots do hereby
protest the rezoning of the following property:
521 Kirkwood Avenue
This petition is signed and acknowledged by each of us
with the intention that such rezoning shall not become effective
except by a favorable vote of at least three-forths of all
the members of the council.
By:
Property Address Phone
1014
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APR 7 1983
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CITY CLERK m
1016 Diana Street
Iowa City, IA 52240
April 4, 1983
To the Mayor and City Council
Iowa City, Iowa 52240
This letter concerns the rezoning of property at 521 Kirkwood Ave.
from M-1 to the proposed RNC -20.
Having attended the public hearing on this matter March.29th, it seems
evident from statements made by Mr. Leff, representing the owner -developer
that they would hope to realize optimum return on their investment in said
property. His statements, however, neglect to acknowledge that the neighbor-
hood property owners may have similar interests concerning their own property
and indeed interest of even higher value than monetary or economic. After all
this is our home, our neighborhood. 11e don't just own property. We live here.
Why should we suffer personal loss of quality due to their monetary gains?
And though no one has addressed this simple fact, I believe that people
speculating in the real estate market make unfair value judgments about
neighborhoods often based solely on appearance of property values. As if
"old" or "small" is equated with "not good" or "no longer useful" and hence
desirable for new and more speculative interests. I know things don't exist
forever, but this kind of speculation applied to our neighborhood shows
disregard for the people herein. lie may not be economically blessed but we
do work and pay taxes and try our best to live within our means. Even more
importantly, to live a life of harmony and dignity. If the neighborhood
were to change drastically in character, due to such speculation, some of
the younger residents might choose to move. Bear in mind, however, for our
elderly residents that choice may not be viable. That anyone would be
driven from their neighborhood due to such changes would indeed be sad.
Upon moving to this neighborhood 3'i years ago my husband and I were
surprised to learn of the M-1 zoning on the 521 Kirkwood property. We
took interest in this matter as our property adjoins 521 on the east side.
I feel a type of residential zoning would have been more appropriate as
the 521 property has a residence on it and existed in a residential area
long before the commercial zone, to the west on Kirkwood, was developed.
As it is now, 521 serves as a natural barrier from the commercial zone.
And as others have pointed out, neither M-1 nor RNC -20 seem appropriate.
Both would serve as additional zones to be buffered against.
My personal feeling is that this land should be used as a park or
be allowed to return to a residential status. I especially see preservation
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Mayor and City Council
April 4, 1983
of the trees as being very worthwhile. A recent NOVA program on IPBN (Iowa
Public Broadcasting Network) indicated that large cities all across the
country were trying to recoup some of their lost green areas --due to lack
of planning and forethought in the past.
What would it cost to develop a park of comparable size and quality
of the 521 property, with 2.4 acres of land, and approximately 250 trees
of great variety and size? I suggest we save ourselves some time and money
and recognize what we have, when we have it by preserving it now. Who can
replace 70 -100 -year-old walnut trees? Though some might ask what is their
value (in monetary terms) I say their value transcends... the mere practical
consideration.
Another of the concerns I have with the proposed RNC -20 zoning is the
noise that would be generated by people and cars from 58 (more if sub -divided)
units. As I understand it, the city noise ordinance is not yet permanent.
In the past I've realized through personal experience the necessity of having
the police intervene in problems of this nature. Unless we have the noise
ordinance to rely upon, I see our neighborhood as having to endure sleepless
nights, loss of the use of our backyards, and loss of privacy when others,
whom we don't know, get "out of hand."
There is a great deal of variety in our neighborhood; in the people,
their work and lifestyles, their families, homes, trees and houses. All
these factors contribute to its being one of the nicest neighborhoods in
the city. And first and foremost, as a mother of two young children, I
value these ingredients as being of utmost importance.
One final point --absentee ownership is not the general quality and
character of the neighborhood. I would hope that the owner -developer
would plan for the 521 property as if he himself were going to live next
to it. Why? Because the people of our neighborhood will be doing just
that, on a daily basis now and (for many of us) the years to come.
Please help us preserve the integrity and quality of our neighborhood
by supporting us in our efforts to preserve 521 as it is now, a place of
great natural beauty.
mn
Sincerely, �{
Eileen M. Doerring
-
., 141CROFIL14ED BY
r CEDAR RA1110S • DES WINES
I !
f. i
\1
City of Iowa City
MEMORANDUM
DATE: April 4, 1983 ^
FrFROM:
Mayor and City Council
Robert W. Jansen, City Attorney A\ Q
O
Iowa City Rate Payers Association, Fisher and Sheehan v.
Iowa City Board of Adjustment and Iowa-Illinois Cas $ Electric
Company
i
Mr. Balmer has requested an opinion concerning whether or not a con-
flict of interest exists with regard to the pending litigation in
which the Board of Adjustment decision granting a special exception
permit to Iowa-Illinois has been appealed to the District Court. The
plaintiffs prosecuting the appeal are, in addition to the Iowa City
Rate Payers Association, Mrs. Nancy Sheehan and Mrs. Eileen Fisher.
According to the petition filed, Mrs. Fisher is also a member of the
Association, The Iowa City Board of Adjustment is the defendant and
iIowa-Illinois has intervened and is also now a party to the litigation.
Mrs. Sheehan is a member of the Iowa City Resource Conservation Com-
mission. Under the enabling ordinance, the members of the commission
' are charged with the development of short and long-range measures and
Policies regarding the conservation of resources and the wise use of
available forms of energy. City Code Sec, 27-72. The commission i.s
all and
servevinory body to an advisorytcapacity1reIativeytoacontleactualst of the arrangementsnbe-
tween the City and energy utilities. Sec. 27-77(c).
Mrs. Fisher is the wife of Peter Fisher, a recent appointee to the
Board of Adjustment. Mr, Fisher was not serving on the Board at the
time of the Iowa-Illinois decision.
Public policy requires that local government officials and members
i of local boards and commissions cannot be permitted to place tile msel
interest maves
in a position in which personal y conflict with public duty.
Tho evil against which the policy is directed lies not only in influence
improperly exercised, but also in creating a situation tending to weaken
public confidence in the integrity of the public service, Anticu, Muni-
; mal Corporation Law, Sec. 22.60, The personal interest need not be
monetary, With the foregoing principles in mind, I have examined the
situations of Mr. Fisher and Mrs, Sheehan.
In the case of Mr, Fisher, I find no conflict of interest, as that term
is presently defined in the law, because of'the fact that Mrs. Fisher
fI
I
IO O,
MICROFILMED BY 1
�.
JORM- -MIC REIL 2I B`
LCEDAR RAPIDS • DES MOIRES
j
Mayor and City Council
April 4, 1983
Page 2
is a plaintiff in a case filed against the Board of Adjustment. As
stated, Mr. Fisher was not a member at the time the Board decision
was reached. It is, however, possible that the District Court could
remand the case back to the Board for further proceedings as part of
the Court's decision. In that event, Mr. Fisher is not to participate
in any manner in the proceedings due to the spousal interest in the
case. It is difficult to avoid the conclusion that the interest of
one spouse does not become the interest of the other, therefore Mr.
Fisher should also disqualify himself in any other matters involving
Iowa -Illinois or the Iowa City Rate Payers Association that may come
before the Board while the present litigation is pending.
Mrs. Sheehan stands in a position of serving as a member of one City
commission and at the same time, as a private citizen, is bringing
suit against another City body, the Board of Adjustment. It may be
argued that this is no different from a property owner or developer
serving on one of the City advisory commissions and appealing an un-
favorable Board of Adjustment decision affecting his or her property
to the District Court. However, this distinction does not necessarily
apply in this case. Here, Iowa -Illinois is the real party in interest
since the special exception permit is granted to it for the purpose of
constructing the transmission line which is the heart of the dispute.
As one of the plaintiffs, Mrs. Sheehan has a personal interest in the
outcome of the litigation against the City's Board of Adjustment and
Iowa -Illinois. Although the Resource Conservation Commision is advisory
only, I understand that it is in the process of putting together re-
commendations for subjects that the commission would like to see con-
sidered as part of the upcoming City- Iowa -Illinois franchise negotiations.
It is possible that some of the issues generated by the Rate Payers
Association in the lawsuit may become part of the recommendations to the
Council's franchise committee. In that case, Mrs. Sheehan's role as a
commission member and as a plaintiff in the lawsuit create at least the
appearance of a conflict.
Although Resource Conservation Commission. recommendations to the Council
franchise committee are in no sense binding, in order to avoid the ap-
pearance of any conflict, it is my opinion that Mrs. Sheehan should not
participate as a commission member in either the discussions or drafting
of any of these subjects and the minutes should so reflect. if she does
not wish to relinquish her role in this matters, then she should immediately
withdraw as one of the parties in the pending lawsuit.
Go7
j MICROFILMED BY
-JONM""O
MICRLAB-
CEDAR RAPIDS • DES '40I4E5 I i
' .i
i
Mayor and City Council
April 4, 1983
Page 3
i
An additional concern has been brought to my attention and that is the
fact that one of the members of the Resource Conservation Commission
is an employee of Iowa -Illinois. This is certainly appropriate and
undoubtedly the work of the commission is facilitated by having a re-
presentative of the utility serve on the commission. However, I should
icaution that the member should probably refrain from participation in
the recommendations to the franchise committee, although it would be
appropriate for the member to furnish factual information to the committee
if requested concerning Iowa -Illinois operations within the City.
7be City has notI
established
commissionr
mmission membersandperhaps ifsuch cadcode was e of lin existence,and
type of situation presented in this and other cases could be more easily
resolved.
cc: City Manager
Mr. Peter Fisher
Mrs. Nancy Sheehan
Chairman, Resource Conservation Commission
iMICROFILMED BY
L�--JORM--MICR#LAB- 1
CEDAR RAPIDS • DES MOINES
f
607
0
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0
Date February 28, 1983
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - Maintenance Worker II
I
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby
ydcertify the following named persons
in th(ia°ntenanoce 4horker II/Par i.as Systemse for the position
of
Tyrone Dye - Hired 2/28/83
IOWA CITY CIVIL SERVICE COMMISSION
TF-letta L. urelup
Bruce L. Walker
John Maxwell
ATTEST: ///n4.& ed Aj 41'.�
City Clerk —�
MICROFILMED BY
_JORM_.-MICR#L AEI -
CEDAR RAPIDS DES MOINES
I ..J
CITY, OF IOWA CITY
CHIC CEN(ER 410 E. WASHINGTON Si. IOWA UY, IOWA 52240 (319) 356-5000
Date March 2, 1983
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - PPT Parking Cashier
r
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their standing as eligible for the position
of Parking Cashier/Parkins Svstpms_
Barbara Wells - Hired 3/2/83
IOWA CITY CIVIL SERVICE COMMISSION !
14zo!�Lxxxz :1
r etta L. ure1up
Bruce L. Walker
John A. Maxwell
ATTEST: J 4". �..4 &&ij;
City Clerk
i
MICROFILMED BY 7 -
I _1— "J 111
ORM--MICR6 Ae1�—
CEDAR RAPIDS • DES MOINES
I
G0
1 I
1
4
I
1
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COD
Date March 7. 1983
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - PPT Mass Transit Operator
r
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their standing as eligible for the position
Of Mass Transit Operator/Transit nivicinn
Steven Bachelder - Hired 3/7/83
Charles Tosh - Hired 3/14/83
IOWA CITY CIVIL SERVICE COMMISSION
a&4eza1 a�
etta re up `V—
Bruce L. Walker
John A. Maxwell
ATTEST:,,;
City Clerk —�
I
141CROFIL14ED BY JI
I DORM"' -MIC R#L-A"B'-
CEDAR RAPIDS • DES MOINES
W /d
CIT
Y OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356 5N0
Date March 10, 1983
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - Maintenance Worker I
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their s ' tanding as eligible for the position
of Maintenance Worker I/Parking Systpmq
Carol Larson Hired 3/10/83
IOWA ITY CIVIL SERVICE COMMISSION
Arletta L. re up V
Bruce L. Walker
John A. Maxwell
ATTEST: Zr,
-I
City Clerk
141CROFILIIED BY
-J0RM--MICR46CAI3'-
CEDAR RAPIDS DES MOINES
CITY OF IOWA
CITY
CHIC CENO 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356 50.0
Date March 16, 1983
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - PPT Parking Cashier
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in th r er of Maes standing as eligible for the oosition
of � �arking ashier/Parking Systems
Mervin Nissley - Hired 3/16/83
ATTEST:
IOWA CITY CIVIL SERVICE COMMISSION
r etta L. Orelup
Bruce L. Walker
John Maxwell
-JORM--MICR#L_AB__
1+ CEDAR RAPIDS DES MOINES
I
CITY
OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
Date March 26, 1983
T0: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - Two,
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their standing as eligible for the position
of Mechanic I/Equipment Division
I ,
Tom Green - Hired 3/26/83 I
IOWA CITY CIVIL SER�CE COMMISSION
Arletta L. Orelup - —�—
Bruce L. Walker
onn A. maxwe
ATTEST: d -s�' k(, Q.T
City Clerk
MICROFILMED BY _J
r 1` JORM--MICR#LA13- 11
CEDAR RAPIDS DES MOINES
1/3
r
CITY
OF IO
CHIC CENTER 410 WA
E. WASHINGTON ST. IOWA C[ly IOWA 52240
Date March 28, 1983
CITY
(319) 356 5CM
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination -Police Captain
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do here
in �
by certify the following named persons
Cantaof their ; ___ stand
of Voloing as eligible for thn
cerder ;�ia ,
James Hazlett
Ronald Fort
Patrick Harney
William Cook
Craig Lihs
Dave Harris
IOWA CITY CIVIL SERVICE COMMISSION
r etta L. reup
Bruce L. al er
o n axwe
ATTEST:�I
City clerk �'" '-�.
411 4
i 141CROFILMED BY
�,•,•„• � JORM"MICRf�L,A B- '
/Ij I CEDAR RAPIDS DES MOINES f /
CITY OF IOWA CITYCIVICCENTER 410 E. WASHNGTONST.I
OWA Cfry, IOWA 52240 (319) 356 50M
Date March 23, 1983
TO: The Honorable Mayor and the City Council j
RE: Civil Service Entrance Examination - Fire Lieutenant
Y
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their standing as eligible for the position
Of Fire Iieutonant/Fire npn^rtmont j
Steve Dolan
Randy Allen
Les Schaapveld
Dale Miller
j
1 IOWA ITY CIVIL'SERVICE COMMISSION
I
r et 'AI re up
i
Bruce L. a er
i
o n axwe
ATTEST:n," �v) y t� st r•' ,
CRty Clerk
11
i MICROFILMED BYjI
. _ ...._1... _
JORM�--MICR�LAB-�
r CEDAR RAPIDS • DES M014E5
61S
II
April 5, 1983
i
SELZER CONSTRUCTION COMPANY
1211 owe City, Iowa 52240
1APhone RAMOMO03MOM 338--3666
+cr.B
City Council of Iowa City
410 E. Washington Street
Iowa City, IA 52240 .
Attention: Karin Franklin, Planner
Re: Rezoning Request 7x8307
In order to allow construction work this season, I request that
the City Council, at their April 12th meeting, set a Public
Hearing for their May 10th meeting on my request to rezone the
property at 624. South Gilbert Street from CZ to R3A.
Your assistance will be appreciated.
Sincerely,
Max D. Stlzer, esident
1
MICROFILMED BY
JORM-MICR46LAB-
CEDAR RAPIDS • DES MOINES
J�
1
RECL VEJD 1:'09
j
I
1
I
4
j
� I i
t
April 11, 1983
i
i
Dear mayor Neuhauser, I
I
-, In regard- to our phone conversation, we would like a delay of the
` reading of the property at 521 Kirkwood Avenue until April 26, 1983,
11
Since�el\l I1
IC V
J ��a
La ry and �uft Rtpler
t I
P.S. We hope to meet with the council at the informal session April 18th.
4
j
4
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k
6-2-1
i MICROFILMED BY
r --" JORIVI""MICR#LCi O-- /
CEDAR RAPIDS • DES MOINES
L" 1
,!
The University of Iowa
Iowa City, Iowa 52242
Department of Zoology
Program in Evolutionary Ecology and Behavior
(919) 957.6751
Mr. Robert Singerman'
Civic Center
City of Iowa City
Iowa City, Iowa 52240
Dear Bob:
28 March 1983
I fear that I must resign from the Resource Conservation
Commission. As much as I feel that the Commission has a critical function
in the community and that I can, in theory, add insight to its deliberations,
I cannot 1n good conscience retain the poet. The key reasons are:
1. I am completely overextended with university work. I do
not have evenings free, much less time to read and think
about key issues in front of the commission.
2. My research schedule is developing for this and next year.
I will be out of the country for over five months this year,
and more than eight months next year. I simply cannot
Justify either keeping the title or the time that conscientious
service on the commission would take from the limited time
left for my teaching, data analysis, writing, and department
responsabilities.
This is the sort of community service that I hope I can take on
at a different point in my career; it is not feasible now.
a
Sincerely,
Henry F. Howe
Associate Professor
cc: R. Webb
l
v MICROFILMED BY
—JORM "MIC RbLA B" �
CEDAR RAPIDS •DES IdO L'iES
& 3/
J�
TRINITY CHRISTI" REFORMED CHURCH
51A11.1110 ADDRESS, 2908 RAVEN STREET
E. COURT AND KENWOOD DRIVE
IOWA CITY. IOWA 52240
PASTOR IMMARD 1. VANORR ZEE
Omcz: (319) 338-9635
Holm: (319) 339-1539
April 4, 1983
The Mayor and City Council
City of Iowa City
Iowa City, Iowa
Dear Mayor and Council Members, :L
I am submitting to ywj my resignation as a member of the Housing Commission of
Iowa City. The resignation is effective May 159 1983. The reason for my resignation
is tiat I have taken a position in another community and will be miring.
I thank you for appointing me to this position for to last four years and for the
trust you placed in me* In serving on the Commission and also being delegated to
serve on the CON I have learned a great deal about the problems ofloint City and
I have been impressed with the Council's desire to solve them.
sincerely Yours,
Leonard."Vander lee
J,
4.3.2 -
MICROFILMED BY
—JORM --M R L-A
CEDAR RAPIDS
01.
- MICROFILMED
City of Iowa City
MEMORANDUM =
DATE: April 7, 1983
TO: Mayor and City Council
FROM: Robert I4. Jansen, City Attorney tiq kv�
I U
RE: Central Jr. High School Site
i
i
I As you know, during the meeting between the Mayor and the Executive
Committee of the Iowa City Community School Board of Directors on
March 1st there was a request from the School District that the
School District intended to vacate the Central Jr. High buildings
during the current year. The School Board was anxious that should
such a vacation of the premises occur this not be construed or
deemed to be an abandonment of the site for school purposes in the
event of eventual litigation.
As you know, the crux of the dispute between the City and the School
District revolves around the ordinances granting use of the site to
the School District for as long as the property is used for school
purposes. Should the use of the buildings be discontinued, this could
i' be interpreted as an abandonment or relinquishment of the use that
was granted by the City in the original ordinances. In the spirit
of good faith negotiations concerning the entire matter, the City
i has been requested not to contend, should the matter have to go to
court, that there has been an abandoment of the property. Accordingly,
the Mayor agreed, subject to Council's approval, to furnish the
necessary assurance to the School District.
Rather than put this matter into a formal agreement, the School Dis-
trict Attorney and I thought that the simplest way to handle this
would be to do it in the form of a letter to the School Board President.
k When I first drafted the letter and presented to the.School Board
Attorney for review it had been limited to August 31st, but the School
District wants to have the period extended to the end of the year in
i order to give them adequate time to vacate the buildings. You will
also note that should the School District Wsh to extend the time this
would be subject to review and approval of the Council.
I
i
i 141CROFILMED BY
I 'DORM MICRILAB-- 111 _I
% CEDAR RAPIDS DES HONES 1
J
CITY
OF
CHIC CENTER 410 E. WASHNGTON ST.
IOWA
IOWA CW. IOWA 52240
Mrs, Lynne Cannon
President
Board of Directors
Iowa City Community School District
509 South Dubuque Street
Iowa City, Iowa 52240
Dear Lynne:
CITY
(319) 356-5CCC)
During our meeting with the Executive Committee of the Board
on March 1, 1983, you informed us that the School District may
teed to vacate the school buildings located on the Central Jr. High
tract sometime Burin Y pro -
cern that in the eventtthe brespective ance of tclaimshis aof ther. uCittyandet con -
School District are not resolved by that time, the City will not con-
strue the buildingY and the
pro-
perty for school Purposeson as an abandonment of the use of the pro_
p Purposes.
I have discussed this with the Council and the Council has directed
me to furnish you with the requested assurances.
Accordingly, this letter is intended to inform the Board of
Directors that the City will not seek to construe any vacation of the
premisrty for es from now until December 31, 1983, as an abandonment of the
s checlaim shouldothe matter eventually oses nor will the City advance or put forth any
y r result in litigation.
It should be further understood that the Council reserves the right
to review and approve any extensions should the Board request that the
time period be extended beyond December 31, 1983.
Sincerely yours,
_C. 4)'e�
Mary C. euhauser
Mayor
i
MICROFILMED BY
JORM--MICR4�CA9`
CEDAR RAPIDS DES 140E1NES
I
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