HomeMy WebLinkAbout1978-09-05 CorrespondenceMICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MWNL�, Weh
City of Iowa City
MEMORANDUM
""I
August 30, 1978
TO:
Honorable Mayor and City Council
/ROMs
James Brachtel, Traffic Engineer
all
Stop Sign Installation at Penfro Drive and Sunset Street
As directed by 6.02.01 of the Municipal Code of Iowa City, this is
to advise you of the following action:
ACTION:
Pursuant to Section 6.09.01 of the Municipal Code, the City Traffic
Engineer will direct that stop signs be installed at the intersections
of Penfro Drive and Sunset Street so as to stop vehicular traffic
on Penfro Drive prior to entering Sunset Street. This'action will be
taken on or shortly after September 15, 1978.
COMMENT:
This action is being taken to preserve the through characteristics
of Sunset Street. It is consistent with the City's practice of
protecting vehicular right-of-way on City through streets.
cc: Neal Berlin
jm3/7
MICRof ILMED BY ;I
JORM MICR+LAS
CEDAR PAPM" • DF5 %IDCICS
AUG3'0 llie
:',BRIE STOLFUS
CITY CLERK
1s96
MILROFILMED BY JORM 141CROLAB
CEDAR RAPIDS AND ULS MUiNLi, iUAA
City Of Iowa City
MEMORANDUM
""I
August 30, 1978
TO:
Honorable Mayor and City Council
FWMr
James Brachtel, Traffic Engineer
IN
Stop Sign Installation at Arbury Drive and Sunset Street
As directed by 6.02.01 of the Municipal Code of Iowa City, this is
to advise you of the following action:
ACTION:
Pursuant to Section 6.09.01 of the Municipal Code the City Traffic
Engineer will direct that stop signs be installed at the intersection
of Arbury Drive and Sunset Street so as to stop vehicular traffic
on Arbury Drive prior to entering Sunset Street. This'action will
be taken on or shortly after September 15, 1978.
COMMENT:
This action is being taken to preserve the through characteristics
of Sunset Street. It is consistent with the City's practice of
protecting vehicular right-of-way on City through streets.
cc: Neal Berlin
jm3/6
MICWILMED BY
DORM MICR+LAB
CEDAR RAPIMS • ^rS MOVIES
o•�!
nuc � I3,o 0
.,%BBIE STOLFUz�,
CITY CLERK 1590
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DLS Mu INu, iuvi,,
City of Iowa City
MEMORANDUM
DMI
August 30, 1978
TO: Honorable Mayor and City Council
fWMI
James Brachtel, Traffic Enginee
INS
Stop Sign at Derwen Drive and Sunset Street
As directed by 6.02.01 of the Municipal Code of Iowa City this is to
advise you of the following action:
ACTION:
Pursuant to Section 6. 09.01 of the Municipal Code, the City Traffic
Engineer will direct that a stop sign will be installed at the inter-
section of Derwen Drive and Sunset Street so as to stop vehicular
traffic on Derwen Drive prior to entering Sunset Street. This action
will be taken on or shortly after September 15, 1978.
COMMENT:
This action is being taken to preserve the through characteristics
of Sunset Street. It is consistent with the City's practice of
protecting vehicular right-of-way on City through streets.
cc: Neal Berlin
jm3/5
141CI10FILlIED BY
i
JORM MICR+LA9
MAR RAP@`., • ]I`= MOINES.
!FILED
AUG ' 01978
;%13BIE STOLFU:.
CITY CLERK
1590
I
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DLS Mu INu, iuvi,,
City of Iowa City
MEMORANDUM
DMI
August 30, 1978
TO: Honorable Mayor and City Council
fWMI
James Brachtel, Traffic Enginee
INS
Stop Sign at Derwen Drive and Sunset Street
As directed by 6.02.01 of the Municipal Code of Iowa City this is to
advise you of the following action:
ACTION:
Pursuant to Section 6. 09.01 of the Municipal Code, the City Traffic
Engineer will direct that a stop sign will be installed at the inter-
section of Derwen Drive and Sunset Street so as to stop vehicular
traffic on Derwen Drive prior to entering Sunset Street. This action
will be taken on or shortly after September 15, 1978.
COMMENT:
This action is being taken to preserve the through characteristics
of Sunset Street. It is consistent with the City's practice of
protecting vehicular right-of-way on City through streets.
cc: Neal Berlin
jm3/5
141CI10FILlIED BY
i
JORM MICR+LA9
MAR RAP@`., • ]I`= MOINES.
!FILED
AUG ' 01978
;%13BIE STOLFU:.
CITY CLERK
1590
IQILROFILMED BY JORM MICROLAB
LEDAR RAPIDS AND UES MUINE�, 101"ti
MINUTES
RESOURCES CONSERVATION COMMISSION
AUGUST 8, 1978 4:30 P.M.
CIVIC CENTER CONFERENCE. ROOM
MEMBERS PRESENT: Rolnick, Rroadston, Denniger, Hotkn.
STAFF PRESENT: Tinklenberg.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN
25,
Hotka moved, Rolnick seconded, to approve the minutes of July
1978, as read.
Approved unanimously.
NATIONAL CONTINGENCY GASOLINE RATIONING PLAN
1
Several Commissioners felt there will not be a gasoline shortage
barring a major war. There was also some sentiment le parking
crease in mass transit and a restriction of automobile p
would have a far more beneficial effect on the countrycoent be
Rolnick moved, Rroadston eeconded, that the following
es Conservation Commis
sent to DOE.. The Resourcinarise cdue etoethe
that the need for the Gasoline Rationing Plan mayay goals, and
Federal government's failure to achieve be an exteme
that the implementation of the Plan may osed to.
measure to achieve what the conservation
ahouldprogram
was
emergency
Therefore the Gasoline Rationing and an
funding to aid local governments in the transit system" a transit
t of mass
equipment mand the easure restrictingnparking onpublicand private property.
emergency
Approved unanimously.
Tinklenberg, in a memo to the
Rolnick moved, Rroadston seconded, that the RCC also send all the
comments concerning the Plan made by
ase '
RCC, to DOE, with the exception of the phwith the pvehihrase etwoer
person". This phrase Should be rep
vehicles per family .
Approved unanimously.
PILOT SOLAR DEMONSTRATION PROJECT FINANCING HANDBOOK
, to amend Chapter 8, Section R.11.
Rolnick moved, Hotka seconded
to read: Interest of the City. Allow no agent, employee, or
official of the City of Iowa City to have direct interest in the
proceeds of thip grant, or in any contract entered into by the
/5`12
K _ • _,.Y....-•I4ICROfILldCO RY
1 JORM MICR+LAO
MAP QATI!n5 • ir51401'I1 S
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MUINLS, iU'AA
-2-
applicant for the performance of work financed in whole or in part
with the proceeds of the solar demonstration grant.
Approved unanimously.
It was noted that Chapter 81 Section R.12. should include a proviso
tht the bak
of a
inaoccupancy nunless the vchange e to ewere duectoaa natural tdisaster change
or
death.
eferen
e to
pter
D., totplaceved, Hotka seconde, inthe solar demonstrationrescrow caccount amoney 9inSantion
interest hearing account.
Three ayes, one nay, the motion carried.
Rolnick moved, Eroadston seconded, to eliminate Chapter 9, Section D.2.h.
Approved unanimously.
Hotka moved, Rolnick seconded, to change the amount of insurance
required, in Chapter 121
Section D.B.a., from $100,000 to $300,000
for bodily injury and from $50,000 to $100,000 for property damage.
r` I Approved unanimously.
Various other corrections and additions were made.
'Bolni
ston
t the
opt the
cDemonstrationdProjectcFinancing aC
Handbookasdamended and Pilot
Solar
corrected.
Approved unanimously.
OTHER EDSINFSS
HEAT -LOSS IDENTIFICATION PROJECT: Tinklenberg reported that the
bids for the thermography instrument were due on August 15, 1978.
The Commissioners felt that any scanning service fee for residences
outside.of the 403 Program Area should he based on thecostfath
Instrument amortized over five years, film, argon, personnel,
program publicity. There was a consensus that a fee accounting
system for the 403 Program Area should be set up on paper, even
though no fees will he charged to the 403 Program Area residents.
Also they felt that a separate City Account should be set up for
the receipts, from the infrared scanning service. Tinklenbe
rg
reported that he expected to use CRTA or Work Study employees to
conduct the scans. The Commissioners
measure the outdoor and indoor temperatures tintscanners the
order toeffectively
analyze the scan results.
1410of ILMED BY
1
1 DORM MIC M( LAB
CEDAP, RAP1f15 • nrE5 1401RCS
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU1ttE5, IOWA
-3-
Agenda for August 22, 1978, meeting:
1. Rent -lose Identification Project,
2, Pilot Solar Demonstration Project,
3. Progress report on total Energy Conservation Program.
The meeting adjourned at 6:30 P.M.
Respectfully submitted, Roger Tinklenberg.
John Houck, Secretary
I
I
i
i
I
1' MICROFILMED BY ,dI
1 JORM MICR+I_A9 1
CEDAR RAPIDS • DCS MOIRES
1
MILROHLME0 BY JORM MICROLAB LEOAR RAPIDS AND ULS HUi�u,,
July 7, 1978 F L E
Petition for the Closure of Exit -Entrance to Melrose Cour
�UG3 01978
at Myrtle Avenue/ Greenwood Drive ABBIE STOLFU�)
To: Members of the City Council of Iowa City CITY CLERK
The following residents of the Brooklnnd Park neighborhood,
consisting of residents living along Melrose Court, Brookland Park
Drive, and Brookland Place, are deeply concerned about the excessive
speed and high level of automobile, motorcycle, and truck traffic
operating on Melrose Court. This local street is used extensively
by non-residents, in conjunction with Greenwood Drive, for "short -
cutting" between hest Benton and Melrose Avenue. During the fall
and spring sessions of the University of Iowa, traffic consists of
approximately 400 vehicles during each morning and afternoon rush
period, for a total of approximately 800 vehicles during this two
to three hour period. During the academic year, the traffic is
estimated to be 1,500 to 2,000 vehicles during any 24-hour period.
However, when Melrose Court was closed to repair the intersection
with Melrose Avenue (from June 12, 1978 to June 21, 1978), the
total traffic entering and leaving this residential neighborhood
was probably no more than 75 vehicles in any 24-hour period. That is,
locally generated traffic consists of no more than 75 out of 1,500
to 2,000 vehicles.
Such a condition is totally at odds with the recently approved
Comprehensive Plan, which authorizes "traffic diverters" to be used
"to discourage through traffic in residential neighborhoods where
through traffic is creating unusual adverse impacts." (p. 36). In
addition, this document stipulates that local streets "should not
provide a direct route between streets of higher classification."(P. 189).
Therefore, the undersigned residents of the Brookland Park neighborhood
request that the City Council, consistent with the Comprehensive Plan,
close the exit -entrance to Melrose Court from Myrtle Avenue/Greenwood
Drive to ensure that this narrow street will serve only as the local
street for which it was designed.
The implementation of this request will have the following
beneficial results:
(1) 'there is now a great potential for serious pedestrian, bicycle
and automobile accidents. In fact it is something of a miracle that
young children walking to and from Roosevelt school have not been
seriously injured, for the narrow sidewalk is less than two feet from
the roadway. Further, there have been numerous automobile accidents
on the sharp turn on Melrose Court and several close pedestrian/
automobile and bicycle/automobile incidents. Fortunately, these were
only incidents rather than serious accidents. The major beneGit to
be derived from closing one end of Melrose Court would be the greatly
reduced likelihood of serious accidents to school children and bicyclists.
W Melrose Court is only 18'- 19' wide. It was platted in the early
1920's and designed as a cul-de-sac. The dimensions and engineering
design clearly make Melrose Ct. unsuitable for the high density traffic
/573
141CROPILMED BY
JORM MICR¢LAB
crone a+; 1n�.. �r.s •ann;rs
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINEj, IU'iA
Fo L E 0
AUG' 0 1978
it now handles. This is particularly evident when one seeAttp1E STOLFUS
deteriorating condition of the curbs (due mainly to heavy truckg)T,.y CLERK
the sharp curve near the end of the court, and the dangerous
proximity of the sidewalk to the street. Closing Melrose Ct, at
one end would restore the court to its original neighborhood design. y
(3) Melrose Court has become a popular shortcut for those driving
from southern Iowa City to University Hospitals. Deadending Melrose
Court will require this traffic to use appropriate arterial streets.
(4) Residents of high density neighborhoods contiguous to Melrose
Ct. often hesitate to walk or ride bicycles because of the danger
or inconvenience involved. If MP'^^ 14 were closed at one end
these people would be less �` University Hospitals,
and in general people wou' ik or ride bicycles.
(5) If Melrose Court • ?he whole character
of this neighborhood `highly enjoyable
place to live as we' play without
the high risks to 'r motorcycles,
and trucks.
The recent
to Melrose Court )
the undersigned rE
would have on ours
SIGNAT
11A (Mvvu-
)se Avenue
to all of
anent closure
'PHONE #
,37-7o$S
-3S7->o�S-
3�d — GZy 7
7 — 79,6
C4wL
351-333 Z
.r
33 72
2-/7
-7907 , 1/0 YYIa Q�w
Leib
'-
�- • y-v� 7v..A
O o V ,00n+f-0
�•}'. t- td ICROFILMEO BY `
' JORM MICR+LAB,
UDAP F.ANID. - nrF '4 nu
t•IIGROFILMEU BY JORM MICROLAB
CEDAR RAPIDS AND UES ;-1U iiia, Uw.:
July 7, 1978 L E
D
Petition for the Closure of Exit -Entrance to Melrose Co rtAUG3 01978
at Myrtle Avenue/ Greenwood Drive ABBIE STOLFUS
To: Members of the City Council of lovas City
CITY CLERK
The following residents of the Brookland Park neighborhood,
consisting of residents living along Melrose Court, Brookland Park
Drive, and Brookland Place, are deeply concerned about the excessive
speed and high level of automobile, motorcycle, and truck traffic
operating on Melrose Court. This local street is used extensively
by non-residents, in conjunction with Greenwood Drive, for "short
cutting" between 14est Benton and Melrose Avenue. During the fall
and spring sessions of the University of Iowa, traffic consists of
approximately 400 vehicles during each morning and afternoon rush
period, for a total of approximately 800 vehicles during this two
to three hour period. During the academic year, the traffic is
estimated to be 1,500 to 2,000 vehicles during any 24-hour period.
However, when Melrose Court was closed to repair the intersection
with Melrose Avenue (from June 12, 1978 to June 21, 1978), the
total traffic entering and leaving this residential neighborhood
was probably no more than 75 vehicles in any 24-hour period. That is,
locally generated traffic consists of no more than 75 out of 1,500
to 2,000 vehicles,
Such a condition is totally at odds with the recently approved
Comprehensive Plan, which authorizes "traffic diverters" to be used
"to discourage through traffic in residential neighborhoods where
through traffic is creating unusual adverse impacts." (P• 38). In
addition, this document stipulates that local streets "should not 189).
provide a direct route between streets of higher classification."(P•
Therefore, the undersigned residents of the Brookland Park neighborhood
request that the City Council, consistent with the Comprehensive Plan,
close the exit -entrance to Melrose Court from Myrtle Avenue/Greenwood
Drive to ensure that this narrow street will serve only as the local
street for which it was designed.
The implementation of this request will have the following
beneficial results:
(1) There is now n great potential for serious pedestrian, bicycle
and automobile accidents, In fact it is something of a miracle that
young children walking to and from Roosevelt school have not been
seriously injured, for the narrow sidewalk is less than two feet from
the roadway. (Further, there have been numerous automobile accidents
on the sharp turn on Melrose Court and several close pedestrian/
automobile and bicycle/automobile incidents. (Fortunately, these were
only incidents rather than serious accidents. The major benefit to
be derived from closing one end of Melrose Court would be the greatly
reduced likelihood of serious accidents to school children and bicyclists.
(2) Melrose Court is only 18'- 19' wide. 1t was platted in the early
1920's and designed as a cul -dc -sac. The dimensions and engineering
design clearly snake Melrose Ct. unsuitable for the high density traffic
I-IICROFIL14ED BY
JORM MICR+LAB
CEDAR PAP!aS • PTS Ml!IfS
mit,k0i ILMLU BY JOM MICROLAB
- i
RETAKE OF PRECEDING DOCUMENT
ip
f
• LLUAR RAPIDS AIIU uta PIUi;iLl, .Jl•ll
I4ICROF ILI4CO By
JORM MICR+LAB
fgi61' P:1PI"' � e101 Vf !'
JORM MICR4)LAS
TARGET SERIES
7�
t,jILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS ;-WiNL�, ;u7,H
0 d F
AUG , DD
0 1918
it now handles. This is particularly evident when one see,�APlE STOLFUS
deteriorating condition of the curbs (due mainly to heavy truckg)IY` CLERIC
the sharp curve near the end of the court, and the dangerous
proximity of the sidewalk to the street. Closing Melrose Ct, at
one end would restore the court to its original neighborhood design.
(3) Melrose Court has become a popular shortcut for those driving
from southern Iowa City to University Hospitals. Deadending Melrose
Court will require this traffic to use appropriate arterial streets.
(4) Residents of high density neighborhoods contiguous to Melrose
Ct, often hesitate to walk or ride bicycles because of the danger
or inconvenience involved. If Melrose Ct, were closed at one end
these people would be less likely to drive to University Hospitals,
and in general people would be more likely to walk or ride bicycles.
(5) If Melrose Court were made a dead-end street, the whole character
of this neighborhood would be changed to a quiet and highly enjoyable
place to live as well as a place where children could play without
the high risks to their lives by speeding automobiles, motorcycles,
and trucks.
The recent temporary closure of the exit from Melrose Avenue
to Melrose Court for a ten-day period, amply demonstrated to all of
the undersigned residents what a beneficial effect a permanent closure
would have on our neighborhood.
SIGNATURE ADDRESS TELEPHONE #
C*
a/4/,1 , 4 o ih/-Lj/�J,.-�.x > $s
'Ou
"u �_4
`(zQ �i_ 3SI-3332
z- 7�
J_a�ow_ on.ok
,
NA,6t�G^,�, oLAof�' ��p�(-f1�1..� w�.� •10 QI�
t// (tet '�N� f4 Nu U Fw, SV�
..y MICROFIL1410 BY '
ri 7
JORM MICR+LAE
rrnAN RAPTPS • nrS ,MOINFS
i
wILROFILMEU BY JORM MICROLAB
CEDAk RAPIDS AND OLS NWINC'D,
�•� July 7, 1978 L E
i 7
Petition for the Closure of Exit -Entrance to Melrose CourtAUG 3 0 1978
at Myrtle Avenue/ Greenwood Drive ABBIE STOLFUS
To: Members of the City Council of Iowa City
CITY CLERK
The following residents of the Brookland Park neighborhood,
consisting of residents living along Melrose Court, Brookland Park
Drive, and Brookland I•lace, are deeply concerned about the excessive
speed and high level of automobile, motorcycle, and truck traffic
operating on Melrose Court. This local street is used extensively
by non-residents, in conjunction with Greenwood Drive, for "short -
cutting" between Aest Benton and Melrose Avenue. During the fall
and spring sessions of the University of Iowa, traffic consists of
approximately 400 vehicles during each morning and afternoon rush
period, for a total of approximately 800 vehicles during this two
to three hour period. During the academic year, the traffic is
estimated to be 1,500 to 2,000 vehicles during any 24-hour period.
However, when Melrose Court was closed to repair the intersection
with Melrose Avenue (from June 12, 1978 to June 21, 1978), the
total traffic entering and leaving this residential neighborhood
was probably no more than 75 vehicles in any 24-hour period. That is,
locally generated traffic consists of no more than 75 out of 1,500
to 2,000 vehicles.
Such a condition is totally at odds with the recently approved
Comprehensive Plan, which authorizes "traffic diverters" to be used
"to discourage through traffic in residential neighborhoods where
through traffic is creating unusual adverse impacts." (P• 36). In
addition, this document stipulates that local streets "should not 189)
provide a direct route between streets of higher classification."(p.
Therefore, the undersigned residents of the Brookland Park neighborhood
request that the City Council, consistent with the Comprehensive Plan,
close the exit -entrance to Melrose Court front Myrtle Avenue/Greenwood
Drive to ensure that this narrow street will serve only as the local
street for which it was designed.
The implementation of this request will have the following
beneficial results:
(1) There is now n great potential for serious pedestrian, bicycle
and automobile accidents. In fact it is something of a miracle that
young children walking to and from Roosevelt school have not been
seriously injured, for the narrow sidewalk is less than two feet from
the roadway. Further, there have been numerous automobile accidents
on the sharp turn on Melrose Court and several close pedestrian/
automobile and bicycle/automobile incidents. Fortunately, these were
only incidents rather than serious accidents. The major benefit to
be derived from closing one end of Melrose Court would be the greatly
reduced likelihood of serious accidents to school children and bicyclists
(2) Melrose Court is only 18'- 19' wide. It was platted in the early
1920's and designed as a cul -dc -sac. The dimensions and engineering
design clearly make Melrose Ct. unsuitable for the high density traffic
141CROFILMED BY
1 JORM MICR+LAB
CtDAR 11V'+D'.. DES MOIDES
MICROFILMEU BY JORM MICROLAB
CEDAR RAPIDS AND UES MUINLS, 1UWA
SIGNATURE
ADDRESS TELLBIIONE �1J'
�5 r a'/' 3.37, 93
'afiI-,' a a_3 u�,� C�
3-37-9330
03 7-977a
zqH 337-3-ODV
aD=;� y
Lr`� 7�� �• 3f/— �34Z
ip,• 3/� c'-"
�a� u
a�3 ul f7-
141CROFILMED BY
' JORM MICR+LAB
L'FI1�PRAP1p5 •UFS t401�1f`
3.54- iJ 9 Y
3sy-131Y
AUG ILO 1978
ST0LFU��
:
it now handles. This is particularly evident when one se�66§ILE
CLERK
deteriorating condition of the curbs (due mainly to heavy tru ,
the sharp curve near the end of the court, and the dangerous
proximity of the sidewalk to the street. Closing Melrose Ct. at
one end would restore the court to its original neighborhood design.
(3) Melrose Court has become a popular shortcut for those driving
from southern Iowa City to University Ilospitals. Deadending Melrose
Court will require this traffic to use appropriate arterial streets.
(4) Residents of high density neighborhoods contiguous to Melrose
Ct, often hesitate to walk or ride bicycles because of the danger
or inconvenience involved. If Melrose Ct. were closed at one end
these people would be less likely to drive to University Hospitals,
and in general people would be more likely to walk or ride bicycles.
(5) If Melrose Court were made a dead-end street, the whole character
of this neighborhood would be changed to a quiet and highly enjoyable
place to live as well as a place where children could play without
the high risks to their lives by speeding automobiles, motorcycles,
and trucks.
^' The recent temporary closure of the exit from Melrose Avenue
to Melrose Court for a ten-day period, amply demonstrated to all of
the undersigned residents what a beneficial effect a permanent closure
j would have on our neighborhood.
SIGNATURE
ADDRESS TELLBIIONE �1J'
�5 r a'/' 3.37, 93
'afiI-,' a a_3 u�,� C�
3-37-9330
03 7-977a
zqH 337-3-ODV
aD=;� y
Lr`� 7�� �• 3f/— �34Z
ip,• 3/� c'-"
�a� u
a�3 ul f7-
141CROFILMED BY
' JORM MICR+LAB
L'FI1�PRAP1p5 •UFS t401�1f`
3.54- iJ 9 Y
3sy-131Y
i
MILROFILMEU BY JORM MICROLAB
CEDAR RAPIDS AND OLS MU1hLJ, iJlin
L J
July 7, 1978
d o
Petition for the Closure of Exit -Entrance to Melrose Court r"
at Myrtle Avenue/ Greenwood Drive o
Q
To: Members of the City Council of Iowa City
The following residents of the Brookland Park neighborhood,
consisting of residents living along Melrose Court, Brookland Dark
Drive, and Brookland Place, are deeply concerned about the excessive
speed and high level of automobile, motorcycle, and truck traffic
operating on Melrose Court. This local street is used extensively
by non-residents, in conjunction with Greenwood Drive, for "short -
cutting" between West Benton and Melrose Avenue. During the fall
and spring sessions of the University of Iowa, traffic consists of
approximately 400 vehicles during each morning and afternoon rush
period, for a total of approximately Boo vehicles during this two
to three hour period. During the academic year, the traffic is
estimated to be 1,500 to 2,000 vehicles during any 24-hour period.
However, when Melrose Court was closed to repair the intersection
with Melrose Avenue (from June 12, 1978 to June 21, 1978), the
total traffic entering and leaving this residential neighborhood
was probably no more than 75 vehicles in any 24-hour period. That is,
locally generated traffic consists of no more than 75 out of 1,500
to 2,000 vehicles.
Such a condition is totally at odds with the recently approved
Comprehensive Plan, which authorizes "traffic diverters" to be used
"to discourage through traffic in residential neighborhoods where
through traffic is creating unusual adverse impacts." (I). 36). In
addition, this document stipulates that local streets "should not
provide a direct route between streets of higher classification."(p. 189).
Therefore, the undersigned residents of the Brookland Park neighborhood
request that the City Council, consistent with the Comprehensive Plan,
close the exit -entrance to Melrose Court from Myrtle Avenue/Greenwood
Drive to ensure that this narrow street will serve only as the local
street for which it was designed.
The implementation of this request will have the following
beneficial results:
(1) There is now a great potential for serious pedestrian, bicycle
and automobile accidents. In fact it is something of a miracle that
young children walking to and from Roosevelt school have not been
seriously injured, for the narrow sidewalk is less than two feet from
the roadway. Further, there have been numerous automobile accidents
on the sharp turn on Melrose Court and several close pedestrian/
automobile and bicycle/automobile incidents. Fortunately, these were
only incidents rather than serious accidents. The major benefit to
be derived from closing one end of Melrose Court would be the greatly
reduced likelihood of serious accidents to school children and bicyclists.
(2) Melrose Court is only 181- 191 wide. It was platted in the early
19201s and designed as a cul-de-sac. The dimensions and engineering
design clearly make Melrose Ct. unsuitable for the high density traffic
MICROf ILMED BY
JORM MICR¢LAB
C, DU vnrlor, • ')FC MOINFs
t-1ICROFILMEO BY JORM MICRULAB
CEDAR RAPIDS AND UES MUINLS, 1WJ,+
F LL F
AUG3 0 1978
it now handles. This is particularly evident when one sLAME STOLFUS
deteriorating condition of the curbs (due mainly to heavy trl( FrN)CLERK
the sharp curve near the end of the court, and the dangerous
proximity of the sidewalk to the street. Closing Melrose Ct, at
one end would restore the court to its original neighborhood design.
(3) Melrose Court has become a popular shortcut for those driving
from southern Iowa City to University Hospitals. Deadending Melrose
Court will require this traffic to use appropriate arterial streets.
(4) Residents of high density neighborhoods contiguous to Melrose
Ct, often hesitate to walk or ride bicycles because of the danger
j or inconvenience involved. If Melrose Ct, were closed at one end
these people would be less likely to drive to University Hospitals,
and in general people would be more likely to walk or ride bicycles.
(5) If Melrose Court were made a dead-end street, the whole character
of this neighborhood would be changed to a quiet and highly enjoyable
place to live as well as a place where children could play without
j the high risks to their lives by speeding automobiles, motorcycles,
and trucks.
The recent temporary closure of the exit from Melrose Avenue
to Melrose Court for a ten-day period, amply demonstrated to all of
the undersigned residents what a beneficial effect a permanent closure
would have on our neighborhood.
j
SIGNATURE ADDRESS TELEPHONE #
6,.ve_kla�Q �k
337 -as 3 3
(1 J_;7
r� P.r� a,;ia oz o Ti a a( �a tQZ`p`Dr. a tv - 7 FS -P
141CROFILMED BY .i
1 JORM MICR+LAB
CrDAR RAPID`, • nrS 'oohs
MII,ROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES hlUlliE iUiH
July 7, 1978
Petition for the Closure of Exit -Entrance to Melrose Court
at Myrtle Avenue/ Greenwood Drive
To: Members of the City Council of Iowa City
co .: LL
0 1Z
CD -d
M V)
o �U
W
n n
Rm
F, m
Q
The following residents of the Brookland Park neighborhood,
consisting of residents living along Melrose Court, Brookland Park
Drive, and Brookland Place, are deeply concerned about the excessive
speed and high level of automobile, motorcycle, and truck traffic
operating on Melrose Court. This local street is used extensively
by non-residents, in conjunction with Greenwood Drive, for ashort-
cutting" between West Benton and Melrose Avenue. During the fall
and spring sessions of the University of Iowa, traffic consists of
approximately 400 vehicles during each morning and afternoon rush
period, for a total of approximately 800 vehicles during this two
to three hour period. During the academic year, the traffic is
estimated to be 1,500 to 2,000 vehicles during any 24-hour period.
However, when Melrose Court was closed to repair the intersection
i with Melrose Avenue (from June 12, 1978 to June 21, 1978), the
total traffic entering and leaving this residential neighborhood
was probably no more than 75 vehicles in any 24-hour period, That is,
i locally generated traffic consists of no more than 75 out of 1,500
to 2,000 vehicles.
! Such a condition is totally at odds with the recently approved
Comprehensive Plan, which authorizes "traffic diverters" to be used
"to discourage through traffic in residential neighborhoods where
i through traffic is creating unusual adverse impacts." (p. 36). In
addition, this document stipulates that local streets "should not
provide a direct route between streets of higher classification,"(p. 189).
Therefore, the undersigned residents of the Brookland Park neighborhood
request that the City Council, consistent with the Comprehensive Plan,
close the exit -entrance to Melrose Court from Myrtle Avenue/Greenwood
Drive to ensure that this narrow street will serve only as the local
street for which it was designed.
The implementation of this request will have the following
beneficial results:
(1) There is now a great potential for serious pedestrian, bicycle
and automobile accidents. In fact it is something of a miracle that
young children walking to and from Roosevelt school have not been
seriously injured, for the narrow sidewalk is less than two feet from
the roadway. Further, there have been numerous automobile accidents
on the sharp turn on Melrose Court and several close pedestrian/
automobile and bicycle/automobile incidents. Fortunately, these were
only incidents rather than serious nccidents. The major benefit to
be derived from closing one end of Melrose Court would be the greatly
reduced likelihood of serious accidents to school children and bicyclists.
(2) Melrose Court is only 18'- 19' wide. It was platted in the early
1920's and designed as a cul-de-sac. The dimensions and engineering
design clearly make Melrose Ct, unsuitable for the high density traffic
141CROFIL110 BY
JORM MICR+LAB
[FOAM MID'. ,SCS 1401'VFS
ttICROFILMEU BY JORM MICROLAB
CEDAR RAPIDS AND UES FIUINL" iurb;
LL
Aln
cn O W
C:) HU
rn (n
it now handles. This is particularly evident when one sees the o
LO
W
deteriorating condition of the curbs (due mainly to heavy trucks), Q m U
the sharp curve near the end of the court, and the dangerousLLfL� m
proximity of the sidewalk to the street. Closing Melrose Ct, at Q
one end would restore the court to its original neighborhood design.
(3) Melrose Court has become a popular shortcut for those driving
from southern Iowa City to University Hospitals. Deadending Melrose
Court will require this traffic to use appropriate arterial streets.
(4) Residents of high density neighborhoods contiguous to Melrose
Ct. often hesitate to walk or ride bicycles because of the danger
or inconvenience involved. If Melrose Ct, were closed at one end
these people would be less likely to drive to University Hospitals,
and in general people would be more likely to walk or ride bicycles.
(5) If Melrose Court were made a dead-end street, the whole character
of this neighborhood would be changed to a quiet and highly enjoyable
place to live as well as a place where children could play without
the high risks to their lives by speeding automobiles, motorcycles,
and trucks.
The recent temporary closure of the exit from Melrose Avenue
to Melrose Court for a ten-day period, amply demonstrated to all of
the undersigned residents what a beneficial effect a permanent closure
would have on our neighborhood.
SIGNATURE
Z�
ADDRESS TELEPHONE #
�o6�/c�C}swL 33 9 ..7316
LF d �3
ql
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3D3 `fll��.a9-�• -7-_=Lbs_;;-
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Ct 238 /y.LS
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U� foo ,U�G�-asp C -E 338 -7 zG 8
30cl 6T.
33e T17V
C. � r J 304 (y19Jrae_ cf- �Lj(Oln7m)
141CROFILMLO BY -.•I
JORM MICR(�LA6
CMAR RAPM • PES 1401'7[5
t•1ICROFILMED BY JDRM MICROLAB CEDAR RAPIDS AND UES MUINLS, IUWH
-STG-AhATU-RI-il AIMRSS TI,LIsP110NP1 r�
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i
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MICROFILMED BYA
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JORM MICR+LAB !
CEDAR RAPIDS DCS MOINFS
MILROFILKO BY JORM MICROLAB
CEDAR RAPIUS AND UL" blUiiil 1Jn1.
July 7, 1978 F0 L E fl
Petition for the Closure of Exit -Entrance to Melrose Court AUG 3 01978 L
at Myrtle Avenue/ Greenwood Drive ABBIE STOLFU;
To: Members of the City Council of lowa City CITY CLERK
The following residents of the 8rookland Park neighborhood,
consisting of residents living along Melrose Court, 8rookland Park
Drive, and Brookland Place, are deeply concerned about the excessive
speed and high level of automobile, motorcycle, and truck traffic
operating on Melrose Court. This local street is used extensively
by non-residents, in conjunction with Greenwood Drive, for "short -
cutting" between West Benton and Melrose Avenue. During the fall
and spring sessions of the University of Iowa, traffic consists of
approximately 400 vehicles during each morning and afternoon rush
period, for a total of approximately 800 vehicles during this two .
to three hour period. During the academic year, the traffic is
estimated to be 1,500 to 2,000 vehicles during any 24-hour period.
However, when Melrose Court was closed to repair the intersection
with Melrose Avenue (from June 12, 1978 to June 21, 1978), the
total traffic entering and leaving this residential neighborhood
was probably no more than 75 vehicles in any 24-hour period. That is,
locally generated traffic consists of no more than 75 out of 4500
to 2,000 vehicles.
Such a condition is totally at odds with the recently approved
Comprehensive Plan, which authorizes "traffic diverters" to be used
"to discourage through traffic in residential neighborhoods where
through traffic is creating unusual adverse impacts." (p. 36). In
addition, this document stipulates that local streets "should not
provide a direct route between streets of higher classification."(p. 189)
Therefore, the undersigned residents of the 8rookland Park neighborhood
request that the City Council, consistent with the Comprehensive Plan,
i close the exit -entrance to Melrose Court from Myrtle Avenue/Greenwood
Drive to ensure that this narrow street will serve only as the local
street for which it was designed.
The implementation of this request will have the following
beneficial results:
(1) There is now a great potential for serious pedestrian, bicycle
and automobile accidents. In fact it is something of a miracle that
young children walking to and from Roosevelt school have not been
seriously injured, for the narrow sidewalk is less than two feet from
the roadway. Further, there have been numerous automobile accidents
on the sharp turn on Melrose Court and several close pedestrian/
automobile and bicycle/automobile incidents. Fortunately, these were
only incidents rather than serious accidents. The major benefit to
be derived from closing one end of Melrose Court would be the greatly
reduced likelihood of serious accidents to school children and bicyclists.
(2.) Melrose Court is only 181- 19' wide. It was platted in the early
1920's and designed as a cul-de-sac. The dimensions and engineering
design clearly make Melrose Ct. unsuitable for the high density traffic
q�.. fr..,.,,.•_. IIICROFIL141D 6Y
JORM MICR�?LA6
MAP IIANY '101:IIS
MICROFILMED BY JORM MICRDLAB
CEDAR RAPIDS AND DES MUl'ILS, :Ue,�
m
7
it now handles. This is particularly evident when one sees the � r^
deteriorating condition of the curbs (due mainly to heavy trucks),. LO
the sharp curve near the end of the court, and the dangerous Q
proximity of the sidewalk to the stroet. Closing Melrose Ct. at
one end would restore the court to its original neighborhood desigh:
(3) Melrose Court has become a popular shortcut for those driving
from southern Iona City to University Hospitals. Deadending Melrose
Court will require this traffic to use appropriate arterial streets.
(4) Residents of high density neighborhoods contiguous to Melrose
Ct.,o.ften hesitate to walk or ride bicycles because of the danger
or"inconvenience involved. If Melrose Ct, were closed at one end
the`se--people would be less likely to drive to University Hospitals,
and in general people would be more likely to walk or ride bicycles.
(5) If Melrose Court were made a dead-end street, the whole character
of this neighborhood would be changed to a quiet and highly enjoyable
place to live as well as a place where children could play without
the high risks to their lives by speeding automobiles, motorcycles,
and trucks.
The recent temporary closure of the exit from Melrose Avenue
to Melrose Court for a ten-day period, amply demonstrated to all of
the undersigned residents what a beneficial effect a permanent closure
would have on our neighborhood.
f
SIGNATURE ADDRESS TELEPHONE
•- I � In 6// �,�-OrPo,•� /�� ,�- 3s/- 3os,�
224
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605 BibbK IAq� �G �C fir. 33A -61bS
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141CRONUIEO BY
JORM MICR+LA6
fFOAR HAPI DS P!5 '-0OI HCS
OFILME0 6Y
JORM MICR¢LAB 11
CEDAR (!fpm • nt:5 moors
CEDAR RAPIDS - DES MOINES
i-J1CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA 4
COPY FORVIARDED TO ADVISE
T
CCOAR RAPIDS • DES MOINES
}
t4!CR0FIL1'4ED BY JORM MICROLAB • CEDAR RAPIDS AND DES 1•1011'IES, IOWA
_. -2-
and including a challenge that it make,. nine separate unlawful
delegations of discretionary powers to municipal officials
without setting forth appropriate standards fortheexercise
of such powers. In summary, it appears that plaintiff is
lodging a total of 91 separate challenges to the validity of
the Storm Water Management Ordinance. Because it is this
;,.
Court's judgment that the Storm Water Management- Ordinance,
y,
j
may not be enforced in respect to Mt. Prospect Part IV,.it':is+`
;
not necessary to adjudicate any of plaintiff's challenges to
�
'
the validity of the Ordinance.,
FINDINGS OF FACT
i
"Storm water management" is a term referring to any
1
system of draining the surface water that collects during a
storm. In:recent years, the approach to storm water manage-
-. .'
ment has undergone a fundamental change: The approach used
J
to be to drain away surface water as rapidly as possible. The
j
a
new, approach, motivated by a desire to reduce flooding in
streams into which surface waters drain, is to slow the rate
.
of surface water drainage. Defendant City,,'s implementation
ofthe newapproachby on of the Storm 1;ater'Management
Ordinance and its enforcement of the Ordinance in respect to
Mt. Prospect Part IV have triggered this lawsuit.
i
Plaintiff acquired a parcel of property in the 1960's
for residential development purposes. Plaintiff first sub-
divided a part-of the property as Mt. Prospect Part I. A
second part of the property was developed in the early 1970's
as Mt. Prospect Part II In connection with developing Part
II, plaintiff installed some storm water drainage pipe that
' J90.ttur 1 LrICU o,
'
JORM MICR+LA13
%
'
�
CEDAR RAPIDS •DES MOI4E5
f91CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOVJA
Y
-3-
of the size required by the City's subdivision ordinance.
was
The City required plaintiff to remove that pipe and replace
it with larger pipe so that it would have .sufficient capacity
- to also serve as part of the storm water drainage system for
the remaining 'property in the Mt. Prospect Addition, which
has since become identified as Part III and Part IV. Install-
..
ation of this larger pipe in Part IZ cost plaintiff approxi-
mately $3,000. 'Installation of the larger pipe was consis-
tent with the old storm water management approach of draining
away surface water as rapidly as possible.
In 1975 plaintiff proceeded with plans to: develop the.; '
remainder of the property, containing some 31.5 acres, which
-}
was the last parcel in the area remaining for development
Several meetings were held between plaintiff, its consulting
en ineerand city staff personnel to arrive at a satisfactory
9
1
preliminary plat. The defendant's staff made various,
'
recommendations in reference to a proposed preliminary plat,
which were all accepted by plaintiff and incorporated into
the proposed preliminary plat. on September 2, 1975, a
preliminary plat for the entire 31.5 acres, then identified I
°as Mount Prospect Part III (later to be identified as Part
IZI and Part IV) was filed with the City Clerk as required
by the Iowa City Subdivision Ordinance then in effect. in
accordance with the usual procedure, the City staff then
prepared a report setting out certain discrepancies and
deficiencies that they desired to note in the preliminary
plat. Plaintiff promptly corrected all such discrepancies
and deficiencies, including relocation of a certain street in
1 I cROCI LKED, BY.
DORM MIC R+LAB
'
CEDAR RAPIDS DCS I401NE5 I
IV CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA
V
-4-
of the 31.5 acres now identified as :.oust
the portion
Prospect Part IV.
25, 1975, as part of the duties established
on September
Subdivision Ordinance (Chapter 9.50 of Iowa
by IavaCity
Code), the Planning and Zoning Commission met and
City
Am
preliminary plat. ong certain mat
approved the rioted
and Zoning Commission was the renaming of
by the Planning
in the preliminary plat at the request o f- the
certain streets
renamed was located entirely within the
City. One street
property to be later identified as Part IV
I
to the approval by the Planning and Zoning
Prior
'the City staff had found and reported that.
Commission, -
complied with the Subdivision Ordinance —
preliminary plat
and also complied 'with all of the design ri
(Chapter 9.50)
txlimprovementsl
standards for public then in effect for the
j
6, 1975, and was in accordance with all
o
City adopted May
�
s and regulations.
able ordinances, rule
other applic
with,the approval of the preliminary
j
In connection
defendant's staff, and then by the Planning
plan, first by the
1
:Commission, the City records show that thc`pre-
and Zoning
identified as Plaintiff's Exhibit 45 did not
liminary plat
lot numbers shown thereon. Thereafter, as part of :
have the
mbers were written
the proceedings, the lot nuon in pencil
a J in redP encil, etc., as shown, on
various markings
along with
_ the
These numbers were written for
43
�
a
I Plaintiffs Exhibit
�
included in what is identified as.
entire property now
'aintiff's Exhibit 44, also a'record
Pl
Part III and Part IV.
defendant's file with 43 and 45, bears dates of
contained in
i.
T
I4ICROCILMEO BY
DORM MICR I LAO
i > D
.�..
CEDAR PAPIDS MS Id01NC5'
111CROFILMED BY JORM I.IICROLAB CEDAR RAPIDS AND LES MOINES, 10WA
i
-5-
i
I
August 29, 1975, and September 25, 1975, and it is shown
that on the plat that the numbers had then been printed for
all of the property included in both III and IV for the entire
31.5 acres. Such records from the defendant's files indicate
that at the time of processing and approving the preliminary
plat, the entire area, including both III and IV, was under
consideration for the preliminary plat approval.
In connection with the platting of the entire 31.5 acres
(then identified as Part III), plaintiff was also pursuing:,
a collateral matter of zoning: Although the standard pro-
cedure followed by the Planning and zoning Commission was to "
I
refer the ary plat, after approval by the Co, fission,•--
to the City Council for action as soon as the deficiencies_ 1
'were'corrected, the Planning and Ion�hg
and discrepancies.._
Commission decided to hold up referring the preliminary plat
zoning was accomplished. Some
to the Council until the 4
problems then developed in reference to the zoning and the
Council denied the zoning on December,12, 1975. The Council
deferred action on the preliminary plat for the entire 31.5
1 i
acres on December 16, 1975.
Plaintiff then proceeded to request rezoning apart of
the 31.5 acres :along the southerly side. At the request of
defendant's City Planner, Don Schmeiser, the plaintiff 'also
included a part along the easterly side of the property in
the rezoning request to eliminate a potential traffic bottle -
"
rezoning
neck at two different points. The part for which I
requested comprised approximately, 12.9 acres of the
was
original 31.5 acres in the preliminary plat.For identifica- ,
MICROMMED BY
• DORM MICR6LAB 1 ..
't
.:..
CCDAR RANDS DCS 1101NES
O-ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES 140INEES, IOWA y
tion this approximate 12.9 acres was now identified as
Mount prospect Part III. The zoning was approved by the
Council on this parcel on D1ay 25, 1976, and the preliminary
plat of what was now identified as Part III was also approved
by the Council on said date. This, preliminary plat approved
May 25, 1976, was not referred back to the Planning and
on j
Commission for further action subsequent to the i
Zoning
original approval of the entire preliminary plat for the 31.5'
p
r
by the Commission on September 25, 1975. The approval
acres
of the final plat for the approximate 12.9 acres was given by
j
the Planning ust 16, 1976, and
and Zoning Commission on Aug
by the Council on August 24, 1976.
Thereafter plaintiff filed an application to rezone i�e'
remaining area of ,the original 31.5 acres, containing
• i
on August 31, 1976. At this time
18.6 acres '
approximately
i I
san
the, City became concerned about surcharging the itaY Y
i
the preliminary plat for Part III for the 31.5
sewer. ,When
acres was originally filed on September, 2, 1975, the
sanitary sewer was reviewed by the City staff and at,that
.;
Pi
time the City staff determined that ,there was adequate
`
sanitary sewer to serve the lots proposed to be developed as,
plat. Plaintiff's Exhibit 34 is a staff report
shown on ,the
!
dated September 2, 1975, showing there is sufficient sewer
°'
identified on the
capacity for the whole arca as idents Plat
attached, and that there was no need for reserve capacity.
.ated Se t emUe r 11 1975, is,a further
Plaintiff's Exhibit 18, d P
staff report showing adequate sewer capacity to serve 44
and 76 single-family homes, and noting the preliminary
duplexes
MOBY
MI LROf IL E ..
JORM MICR6LAE3
...
CCDARRAPIDS SCS MOINES
i-AICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
-7-
plat illustrated 41 duplexes and 74 :single -family homes. '
However, Wilbert Frantz, President of plaintiff, testified
the correct number was 39 duplexes and 70' single -family
homes. In either case the quota set sorth by the staff was
not exceeded.
There was no evidence that any change of circumstances
had occurred from the time of the original staff reports
(Plaintiff's Exhibits 18 & 34)and Planning and Zoning
Commission approval on'September 25, 1975, to the time of the
current concern being voiced about the sanitary sewer.
Evidence further indicated that at the time of the City
Planning and Zoning Commission' approval, the plaintiff agreed
to'a condition imposed by the ,City Planning and 'toning _)
j
Commission that there not be any change in the number of 16ts'•
so there would not be any increased demand on the sanitary...
:i
•
- sewer.
I
1
�
The plaintiff's attorney, Phil Leff, ,t he n conducted ucted a I ,
exchan a of correspondence with
,series of conferences and g
officials, the Planning and Zoning Commission,
various City o ,
and the City Council. 'Mr. Leff arranged a', plan that the City I i
Council would jointly consider the zoning of the property and
the approval of the plat at the same meeting. Such con-
fer ence s' meetings, and correspondence by Mr. Leff was in I
November and December of 1976. The first conference which
he'had in reference o working out this procedure with the
defendant was prior to the effective 'date of the Storm Eater
Management Ordinance, of November 6, 1976. (See Plaintiff's
Exhibit 39 relating to Mr. Leff's involvement, correspondence,
I
MICROFILM BY 1
JORM MSCR46LAB I
CED AR RADIOS • 0(S MOINES
141CROFILMED BY JORM'14ICROLAB CEDAR RAPIDS AND UES I•IOINES, IOWA v
i
conferences, etc.).
This procedure of the City Council acting on the zoning
and the plat at the same meeting was specifical).y, approved by
the Council itsel r Plaintiff's s ^.71b]t /, being tile minutes
of Council proceedings; she ws that on December 7, 1976, the
d the ' rocedure and that the Mayor stated,
discusse P
.Council
"The' have the Council's concurrence to use this procedure."
I
y did
Also 6, 1976, (see Plaintiff's Exhibit 5G) the
to that the Council.agreed to dovetail the zoning
s no
minutes to
and platting procedure - without objection.
ji
by the various
The arrangements approved City officials
i
and bodies was that the final plat of Part IV was to be
submitted in compliance with the preliminary plat of the r>
been filed. At
property which had earlier no time did �anyonei,
Mr. Leff that there would have to be compliance with
state to
a
jJ
the Storm %Vater Management Ordinance.
!,
filed September 21
The preliminary plat for the property I
wer 'storm ses
1975, provided forystem drainage as required by
9.50, and the design standards adopted A:ay G, 1975.
chapter
sized pipe was required for this purpose, including
Certain
to make the connection to 18-inch pipe into Part II,
a .
pipe
d under the
which was larger than requireStorm water Manage;
er pi e in Part IV than was
ment ordinance, and includ ing larger 9
i
under the Storm water Management Ordinance.',
necessary
i
on August 25, 1976, Public %Yorks Director Plastino
signed an approval of this drainage system to empty water
,
i
ditch on the Department of Transportation
into the open
`
right-of-way for Highway 6 (see Plaintiff's Exhibit 1).
,
I
i
r
Y. RICROF fL14ED BY �
JORM MICRCKAO
CEDAR RAPIDS: DES MOINES
1JICROFILMED BY JORM 141CROLAB, CEDAR RAPIDS AND DES 140INES, ioWA ,
-9-
This outlet for free flow was approved by the Department
of Transportation. .(The District Resident Maintenance
Engineer testified that he would not recommend approval if
the water was to be impounded and stored, as required by the
subsequently enacted Storm Water Management Ordinance.)
i
This is an appropriate point in these Findings of Fact
to mention the ;adoption and background of the Storm Water
Management ordinance, a factual development partially
parallel in point of time to the developments in respect to
I
Mt. Prospect Part IV.
The Storm Water Management ordinance was adopted as a --•,-,
j
{
response to increasing problems with storm water runo`r,ahc
I
flooding resulting from urbanization of land, the conversion
of it from agricultural and forest uses to residenti5l 14ses,: _f!
In 1975 the City Council appointed a study co;nn>ttee`of rI
citizens -and staff to study the problem and report to the !
I
Council on possible solutions.As a part of .the study
is
process,, the City also employed a consulting engineering
JI
firm to review the flooding and storm water problems in
Iowa City and recommend solutions.
The study committee and consultant recommended several
courses of action. Among the solutions recommended were
various flood control and abatement projects to be funded
i
with -public funds, programs for channelization and maintenance
' f
of the Ralston Creek channel„ and the adoption of a storm water
management ordinance.'
In'the summer of, 1976, after a public hearing and '
published notice, the proposed ordinance was approved on
14ICROfILMED BY
J0 RM MICR+LAO
'.
CEDAR RAPIDS - DES MOINES
'
MICROFILMED BY'JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, IOWA
y
ti
_10 -
its first reading. It came on for its second reading on
August 3,'1976, but it did not receive sufficient affirmative
votes and the Mayor declared that the ordinance had failed.
Without a motion to reconsider and without notice or new
public hearing, the proposed ordinance received adequate
affirmative votes on three subsequent readings, August 24,
August 31 and September 7, 1976. 'Thereafter the ordinance
was published.
Carol deProsse, a member of the Iowa City City Council,
testified as a witness for the defendant and stated that the l
City Council was concerned that the enactment of the Storm'.
-
Water Management Ordinance should not work a hardship
developers who had already prepared a plat; therefore, ,
instructed the city staff to prepare a list of all,pla•ts U
which had been filed and approved by the Planning and 'Zoning
}
Commission for information of the City Council. Neal Berlin,
City Manager of the defendant, acknowledged he received such
direction from the Council and directed his subordinates,
City Planner Schmeiser and City Engineer Dietz to prepare'
list of',all plats approved by the Planning and Zoning
Commission. Mr. Schmeiser submitted a list of four plats,
but not included thereon was the plat for Mt. Prospect which
e Plannin tonin Commission on
had been approved, by th g and 9,
September 25, 1975. The Council then changed the effective
i
date of the Storm Water Management Ordinance by amendment to
November 6, 1976, so that these plats shown on the list
would not be required to comply with storm water management.
All of the plats on the list submitted to ,the City ,Council
MICROf ILMED BY
DORM MICR+LAB
'CEDAR RAPIDS.• DES MOINES
tQ!CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MINES, IOWA
•- -11- �
and excluded by the action of the Council from the Storm
eater Management Ordinance had been filed with the City later
than the Mt. Prospect plat,September 2, 1975, and all had
been approved by the Planning and Zoning Commission later',
than the Mt. Prospect plat.,
After Mr. Leff made arrangements in november and Deco -tuber
of: 1976, the plaintiff then directed its consulting engineer'
to proceed with the final plat for ,Mt. Prospect- IV. No
mention was made at any time by the officials or represen-
tatives'of the defendant that the, plaintiff would be,required -
to comply with the storm water management i.n'regard to -
Mr. Leff's arrangements relating to submission of the:finzft
"
I
plat. The first time that the plaintiff had any indi-.1 ,-;
that there mightlbe a'need to comply with storm water manage -
i
ment was in a conference between the plaintiff's engineer and i
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1
the defendant's Assistant city Engineer in Aprilnil of 1977. ' • y
At thattime 902 - 95% of the work was done on the final 1
i
plat, the total cost of which was $12,000.00 (loss approxi-
mately $200.00 for certain subsequent work of the engineer
related to litigation). The first time the plaintiff was,
officially informed to comply with storm water management,
j
was on June 27, 1977, in correspondence from Mr. Schmeiser
I
to the plaintiff (see Plaintiff's Exhibit 19), which was
after the final plat had already been completed and 'placed',
,
on file on June 17,'1977.
In his correspondence, Mr. Schmeiser stated that neither
the preliminary nor final plat complied with storm water
management and that a revised preliminary and final would be
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the effective date of the Storm Water Management Ordinance.
After the Storm Water Management Ordinance was enacted,
�
plaintiff expended additional substantial funds in connection
with'the preparation, and filing of the final plat in reliance
upon its understanding induced by City personnel in their
negotiations with Mr. Leff that it would not have to comply
with the provisions of the Storm Water Management Ordinance.
j
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The cost to plaintiff of revising his plat for Mt. Prospect
j
j
IV to comply with the requirements of Storm %later Management
Ordinance would be very substantial, and it would have been
e substantial if plaintiff had commenced such revisions':at
very p
the time the Storm Water Management Ordinance was enacted_- _
{
CONCLUSIONS OF LAW
Under the foregoing facts, the defendantCity
estopped from enforcingthe Storm Nater Management Ordinance
in respect to the platting of Mount Prospect= IV. Dierking ;
in
9
v. Dellas Hess Superstore, 258 N.1 -1.2d 312 (Iowa 1977);
p
Stoner McCray Systems v. City of Des Moines, 78 N.w.2d'843,
848-849 (Iowa 1956); City of Marseilles v. Hustis, 325 N.E.2d
`
767 (Appellate Court of Illinois 1975); 28 Am.Jur.2d,
Estoppel And Waiver, Sections 128-130, pp. 791-799.
r s
`
JUDGMENT
For purposes of this judgment, it is assumed but not ;
decided that the Storm water Management Ordinance is valid.,
'
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the -
defendant, City of Iowa City, Iowa, is enjoined from
enforcing its Storm Water Management Ordinance (Ordinance
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