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HomeMy WebLinkAbout1976-05-25 Correspondencei RECOLl ..J, i 819%6 f 1 �>1 May 17, 1976 City Council of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor Neuhauser and Council members, We would like to congratulate you on the efficient, prop fessional and humane services provided by the Iowa City Animal Shelter. Beverly Horton and her staff are helpful, courteous and concerned individuals who think not only of the safety of Iowa City citizens but of the needs of lost pets and their owners. We are prompted to write you after having the experience last week of losing our dog. Thrcugh the kindess and concern expressed by Mr. R. David Callen who found our dog and reported it to the Animal Shelter, and the efficiency of the Animal Shelter in contacting us-- we were soon reunited with our family pet. Needless to say, Mr. Callen and the Animal are "heroes" in our eyes! The Animal Shelter is to be commended for their excellent service. / TheW. RichrdSummerwill family 1 06 ' Highwood I�wa City, Iowa 52240 Y May 129 1976 To: Iowa City City Council :Members From: Deborah L. Woodside 522 N. Gilbert St, Fe: Traffic Law 6.16.9 I am a resident of Iowa City and an employee of the University of Iowa, 1 received a parking ticket in late January.l976 violating the "storage" law, parking on. the 'street formore than forty-eight hours. I question the validity o£the law as it does not give the car owner in my rk. situation a'Ulace'to pa The Iowa -City City Council passed a law restricting_the number of hours one can park on the street, and it was updated several years aRo to become more realistic, The Iowa -City. City Council also n_assed a law on Augurt 7, 1962, stating ;that -any house;'. -built prior to that date does not have .to comply wilt --a City housing code which sayr, that each house built after A.4 above date is required to have off street _parking available. I;under stand and agree with the reasoning behind this;adjustmentt but it prevents the occupants of these older homes from parking: on the street over forty-eight hours. The problem that I have is that I rent -a unit in a two family , house which moets the City codes, butT).me!£romn having any 'Place to park. -Lhe, house is in the older section:: of tolxn about a mile away from campus. I, walk to school,daily.,'in`order to conserve gasoline costs and parking -.fees on campus' 2My Job reouires a car and I am often out o. town ;on long_•weekends = ' from Thursday through Sunday. evening. "I am.unable to -move My car to comply with the city traffic laws. I also believe: it a bit ridiculous to have to'drive my car around•;the block' to move my car or to change my_car -to the other side—of.tho - street because of the odd -even parkin _ g system. The house that I live 9.n is the only house on the block with- out off street parking.. Most of the homes either have drive= ways or are located next to an alley which- enable — them to `- have off street parkin@;. My house is ':located in the -middle of the block and therefore does not have that capability. L would imagine that my siituation is not unique.` I believe that yois should give t1 -ds _ problem some'thought'as it:effects_ a number of citizens. i e !U :. f X i ..�. rX A•'�..4'�-�.5 �.is'i�.`.�i.i i Y I think that the r,ari-ing laws and housing code is in somecrhat the car larenencouraging of a conflict of each other, there fore.di�o nark. tion a-glace=to ovmer in my situan citizen to break the'Iavt every 4$- the ordinary law abiding hours. I would appreciate it if you crould review the laws concerning - this matt^r. I have brought this natter to the court but the court's the responsibility Is just to unhpld already to ann al my dues tonthe ..niture _ I have the onportunity it would seem impractical of the anneal, and i-ts complexity, to pursue it further. e. I would appreciate it if you would let me kThankyou ,you are t.a:ci.nr in rewards to this matter. City Council Members Civic Center Iowa City, Ia. Dear City Council members: 1185 E. Jefferson St. Iowa City, Iowa May 18, 1976 be end only on the north side cOfmEastthatJeffersonnStrreetein1thedblocks bounded on the west by the traffic island at the Evans Street intersection and in the east by tOe Ralston Creek bridge just east of Parsons Street. This matter has already been brought to the attention of the Street and Traffic division of the city. Sincerely, Agnes R. Kuhn G t DCn,PRF,AY 1 8 1976 ABBIL- STOLi=US CITY CLERK COMMCgC[ Cr . CIVIC C[NT[q.l I. I W4NA5Mg0TOy ST W IO 0. GITV, IONASdIiO y IMA CITY .10WA June 24, 1976 Ms. Agnes R. Kuhn 1185 East Jefferson Street Iowa City, Iowa 52240 Dear Ms. Kuhn: The City Council has referred your letter regarding removal If parking on East Jefferson to Public Works for a recommendation. There is no problem with removing the parking on the south side through the area where no homes exist; however, we are doing a postcard survey of homeowners from on to Ralston Creek. Ile that point will receive and tabulate the re- sults of this in two to three weeks, and we will place this on the Council Agenda for their consideration with a recommendation from Public Works. Sinc r?jX( /iia as inoDPublic T4orks RJP:bz cc: James BrachL-el Neal Berlin Abbie Stolfus 3h t �4a 3io o cep„ ya SE - Z - - �✓*�t>v _�7�.�.-„ mss. N.-c'�cGl.� �` } 13-Za— , COMN[[C[ • /� /y • CIVIC CENTER. 410 E WASHINGTON ST. IOWA CITY, IOWA 52240 ]193X.1800 e i IWA MT,pVN• NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING BOARD: COMMITTEE ON COMMUNITY NEEDS Two vacancies Two year term It is the duty of members of the Committee on Community Needs to coordinate communication channels between groups and citizens of Iowa City and the City Council and staff and then to responsibly respond to program proposals as solutions designed to meet the community's needs. Iowa City appointed members of Boards and Commissions must be qualified voters of the City of Iowa City. This appointment will be made at the June 29, 1976, Council meeting at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. r J • ec CiftOMM[�aR•CSi !!'�! / / E/ VV �/✓ \� � CIVIC CENTER.410E WASHINGTON SL j _% \ qYWA CITY. IOWA 52240 719,W -18009/ a 0 NOTICE TM CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOIN17ENT TO THE FOLLOWING BOARD: BOARD OF APPEALS One vacancy - Unexpired Term Dtay 25, 1976 - December 31, 1976 It is the duty of members of the Board of Appeals to holdappeal hearings on matters concerning minimum housing standards nce and the uniform building code. Members must be'qualified by experience and training to pass upon matters pertaining to building construction. Iowa City appointed members of boards and commissions must•be qualified voters of the City of Iowa City. This appointment will be made at the ",;y.?l 1476_ Council meeting at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the. Clerk's office upon request. ) S0 0 /OWN Ms. Mary Neuhauser Mayor of Iowa City 410 East Washington St. Iowa City, Iowa 52240 Dear Mayor Neuhauser: RE*,IED H.,71 1 y 1976 HIGHWAY DIVISION 026 LINCOLN WAY AMES. IOWA 50010 515-296-1101 May 11, 1976 REF. Ro. F-518-3 Washington F-518-4 Johnson 518 Arterial Improvement Thank you for giving.us the opportunity to speak to the joint City Council - Johnson County Regional Planning Commission Policy Com- mittee meeting on May 10, 1976, relative to the 518 improvement in Johnson and Washington Counties. I hope this meeting was success- ful to the extent that it relayed to you our concerns relative to the need for an improvement in our highway system in Washington and Johnson Counties and the problem of further delay to portions of the project until all problem areas have been resolved. The City's letter of January 30, 1976, clearly pointed out your opposition to proposed Freeway 518, yet went on to say that this o?position "should not be construed as opposition to the construc- tion of a bypass road around the westerly side of the Iowa City urban area". As we stated during our meeting, the 518 project should adequately respond to the official Transportation Plan for the Johnson County area. It is assumed that this Plan would reflect the desires and the official position of the City of Iowa City. However, until that Plan is complete and approved it would seem appro- priate to pursue some interim measure which would allow further pro- ject development in Washington and southern Johnson Counties. To that end, and as requested yesterday, it would be appreciated if the Iowa City City Council, as well as the Policy Committee of the Johnson County Regional Planning Commission could respond relative to the following points: 1. What would be the City's position relative to the con- struction of a two-lane facility utilizing the 518 four -lane right-of-way alternate from Iowa 92 northerly to Iowa 22; then, beginning at Iowa 22, construct a four -lane facility on the 518 alternate location north- erly, utilizing Alternate 2 at Indian Lookout, (this is on the west side), but connecting directly into the existing four lanes of US 218 south of Iowa City. This COMMISSIONERS DONALD IL GARDNER STEPHEN GARST WILLIALI /. McGRATH ANN FELLEGRENO ROOERT R. RIGLER L. STANLEY SCHOELERMAN ALLAN THOMS Cedar Rape: Coon Ra;, Js Melrose Story City New Hampton Spencrr, Dubuque Mayor Mary Neuhauser • Page 2 May 11, 1976 • connection could be planned to be compatible with what- ever decisions are made at a later date, such as a westerly bypass, relative to the final approved Johnson County Transportation Plan. This above described align- ment is as shown in the Draft Environmental Impact Statement. The change to two lanes in Washington County was based on the lower traffic volumes south of Iowa 22. 2. In the event that the final transportation plan does indicate a facility bypassing Iowa City to the west, what is the City's position relative to such a facility being connected to Melrose Avenue? 3. As mentioned at our meeting yesterday, we have dis- cussed with the Johnson County Board, their request to leave open the Coralville cutoff road rather than relocate it as shown in the Draft Environmental State- ment, as well as their concerns regarding the sewer connection for the Johnson County Home. These will be discussed again with the Johnson County Board of Sup=er- visors, but a position relative to either of these particular areas would also be appreciated. More spe- cifically, if necessary, would it be possible to con.nec the Johnson County home to the Iowa City sewer system? In closing, any other comments on items which you feel would assist us in developing this project for the citizens of Johnson County, Washington County, and the State of Iowa would also be most welcome. Sincerely, Robert L. Humphrey Project Planning Engineer RLH:db cc: H. E. Gunnerson Van Snyder K. P. McLaughlin Raymond Kassel Harry Budd Stan Good Vim.; '. ® `�,.�i• _ _ _. IN THE IOWA DISTRICT COURT IN AND,FOR JOHNSON COUNTY CHARLES EASTHAM, HAROLD BECHTOLDT, ) and JEANNE SMITHFIELD, ) Plaintiffs, VS. CITY OF IOWA CITY, IOWA, a Municipal Corporation, Defendant, OLD CAPITOL ASSOCIATES, Intervenor, PLO BETH EHNINGER, HENRY W. PIRO, SAI4UEL BECKER, RICHARD F. DOLE, JR., KENNETH C. DREUSICKE, MARCIA WEGMAN, KEITH B. KAFER, RALPH L. OXFORD, JIM GALIHER, WILLA J_ DICKENS, JOHN B_ HARPER, JEANETTE B. MADSEN, ROSALINE M. MOORE, JOSEPH W. HOWE, EARLE F. MURPHY, ERNEST W. LEHMAN, FAYE H. STRAYER, ALLEN H. ARNESON, HENRY W. FOX, HAROLD A. O'KEEFFEE, WILLIAM R. WHITEIS, STEPHEN M. STEWART, KEVIN HARTWIG, and MARTY E_ SIXT, Intervenors Equity No. 43095 ORDERS, JUDGMENT AND DECREE CJ iJ i ,r ;a • V -n/ _.-E_RC N .. :3 On May 4, 1976, the Court, in this action, filed a memorandum decision containing its findings of fact and conclusions of law, as provided in R.C.P. 179. This decision was despositive. of the issues tried in principal part. No judgment or decree was entered at that time. Subsequently, a series of motions have been filed by the Plaintiffs, the Defendant, and the Inter- venor, Old Capitol Associates. Hearing was held on said moticns on May 18, 1976. The Court, having duly considered said notions, now makes -the following orders with respect thereto and enters its judgment and decree finally adjudicating the rights of the parties. The May 4th memorandum decision need be enlarged on only one matter. This involves the extent to which the Defendant, City of Iowa City, and.the Intervenor, Old Capitol Associates, must act to provide specific restoration.of money or property,:. each to the other, as a result of actions already partially completed pursuant to the contract avoided by the Court's memorandum decision. This requires an application of the doctrine of equitable restitution to performances under a void agreement. See Restatement, Law of Restitution, Section 47; Turner v. Cruzen, 70 Iowa 202, 204; 30 N.W. 483 (1886).' There are, of course, certain instances where specific restoration is impossible or impractical. When this occurs, specific property may be ordered restored -only -to the extent practical. Section 142 of the Restatement, Law of Res t2%11�10}r ^l provides: _3� "The right of a person to restituion from another because of a benefit received terminated or diminished if, after the receipt of a benefit, circumstances have so changed that it would be inequitable to require the other to make full restitution." section 69 of the Restatement makes specific application of the quoted rule to transfers made pursuant to mistake; of fact or mistake of'law (including transfers under a void agreement as discussed in Section 47 thereof). As the foregoing may be applied to the present contro- versy, the Court finds on the record made that it would bF inequitable to impose any requirement for restitution of either land conveyed or purchase money tendered on that portion of the contract realty commonly designated as the "Plaza Centre One" property or the service areas and easements attendant thereto./ , Conversely, it does not appear inequitable to require reconveyance to the City i:- old Capitol of the Block 101 property, including the alley. specific areas where restitution shall be made are designated in the decree which follows. -2- -----_ —r - ------ eft l ' 7 IT IS NOW ORDERED • 1. Plaintiffs" Motion to Amend, filed May 7, 1976, is granted. 2. P1aintiffs'�ion�to Strike or to Set R ar ng filed May 14, 1976, is denied. ""r= 1 . 3. Defendant's, City of Iowa City's, Motioi=fo Enlar e� and Amend Memorandum Decision, filed May 10, 1976, is denied"except as provided in the decree which follows. -; C) _.- 4. Intervenors,Old Capitol Associates', I -lotion for Reconsideration of Issue and to Amend Memorandum Decision and to Enlarge Findings of Fact is denied except as provided in the decree which follows. IT IS NOW ORDERED, ADJUDGED AND DECREED AS THE'FINAL ADJUDICATION HEREIN that the Plaintiffs prevail on Division I of . the petition, that the contract between the Defendant and the Intervenor- Old Capitol Associates, be and the same is hereby declared ultra vires for reasons stated in the Court's decision herein; that the Defendant and the Intervenor, Old Capitol Associates, be and they are hereby permanently enjoined and restrained from proceeding further in the carrying out of their certain agreement of March 19, 1974, for the sale and redevelop- ment of urban -renewal property and other property of Defendant and from any further conveyances of any of said urban renewal Property, except in accordance with Section 403__8 of the Code of Iowa; that the Defendant and the Intervenor, Old Capitol Associates, be and they are hereby mandatorily enjoined to forthwith cause reconvevance to the City of Iowa City of the.real estate - ----(including the alley) located in Block 101 which was the subject - of conveyance between the parties by deed dated April 6, 1976, and filed of record Aprils',, 1976, said property.to be reconveyed n free of the liens of the ortgages placed thereupon by the said Intervenor; that the Defendant shall return to the Intervenor, Old Capitol Associates, those certain cash deposits placed with the Defendant by the said Intervenor in March of 1974, pursuant to Section 3 of Part I of the Agreement which •i:s the subject of this action and such cash deposit as was posted with specific reference to the Block 101 conveyance as per Paragraph 3 of Schedule F, as amended; no action already taken by'the parties, pursuant to the contract which is the subject of this•action, need be altered or rescinded, except as specifically required by the decretal portion of this order, and it shall not be construed to require the parties to act further to restore their respective prior positions; Plaintiffs' request for expert witness fees and allowance of attorney's fees is denied; costs are assessed 50 percent to the Defendant; 30 percent to the Intervenor, Old Capitol Associates; and 20.percent, jointly and severally, against the Intervenors, Flo Beth Ehninger et al. Dated for entry thi say of May, 1976_ CC: Wash' THE 6TH JUDICIr1L DISiRICi Ha}•c•;. Honohsr. Hoy Jar -en -3-