HomeMy WebLinkAbout1976-07-13 CorrespondenceA�erno.r
1'"1 � nb�Y' �e t"au.rc�i��s Fonrta�ne L' �bb�
27't>U S�rc�uI'q.yi �ranc�
Q
f3oL-xrC (A%'s, TSnct10
I r ccrple'I-
S`J3p0
Co e o YL % n 111
Gh
25- Rum Qoh�r%�o�lraY�1L
9�9-231 1CI-LL
15- ALCy)14,e
CLI V'j 2C-rli•q
Foy
Sox S L - J no_
JP-Iou,Y)-ler //I catgS
5/ ;7 ci o' yl ue de Sczr,U-/ dlo ccd
CIgr122_it���l��1
30I6«�ell Awe.
33p IV�c1-�,q�11j. �rIJ�
Sia-3-,zt/D
-9 r -lb eTr_l`, � o �O't
Rd .
X37- 7�/D
flR V,
3 38 - J006
11(eccc ey , s77019d
L�sCq �'rl/mss •
Cies -% »/n'egt-� l�oc.elet,etr�( e� �l�)rf�rrssr-.�
Jc(.✓gt GOL(1S
i� a PC
1FLr-�ii�at�� �crissorz
PC71-iS
rllair>'f
y 3 0 11;a �owct�/
333— 6�J�/
CLQ ifIC'7)9i
R. P. G, A �x rya, %l r
3 S/ - G/Gcl;- . .
vA
JOHNSON COUNTY
June 24, 1976
Dear City Council Members:
ECBVED JUN 2 5 1976
1060 William Street
P.O. Box 1517
Iowa City, Iowa 52240
319/338-7823
United Way's Planning Division has recently
Actiontion of for YoutheUiteisnonedofatheseeficiar
completed an
y agencies, United
The Planning Division's recommendations to the Budget
Division of United Way concerning United Action for Youth
was that, assuming the city funds U.A.Y, United Way
should consider providihe ng
ddditional funding for a count
outreach program.
was recognized. U. for a youth advocacyY
individual A Y appears to be good at wrk with
on the Youth. The Budget Division has not with
recommendations, yet acted
The Planning Division hopes that the
to fund United Action for Youth. city will continue
Sincerely yours,
Faith KnOwler'Chairperson
Planning Division
FK/mkk
Thanks to you—itj5 working
0
July 16, 1976
.,Is. mitt: 'rno:•:ler, Chairperson
planning, Division
Unitod Play of Johnson County
F.O. Box 1517
Iowa City, Iowa 52210
Dear t•s. Knosaler:
the City Council received and placed on file your letter concerning funding
for United Action Eor Youth. The contract between the City and U.A.Y. for
youth services in our co7rrinity was adopted by resolution at the regular
neeting on July 13, 1976.
The recornendatioas of the Ad I;oc Youth Services Cormuittee were incor orated
into the terms of the contract. Stated simply, the recor=ndations were
U.A.Y. is not to seek funding from another agency during FY 77, the entire
nro,-.= budget is not to exceed $24,560, and the Cutreach Program would not
expand into saaller towns in the County at this tire.
Ttulnk you for expressing your views to the Council. If you desire additions:
inforrna tion, please contact re at your convenience.
Sincerely yours,
:eal C. Rerlin
City Manlycr
cc: M—ary Ann Volm
United 11ay
City Clerk!%
The University of Iowa
Inwa Cary, Iowa 52242
University of Iowa Hospitnis and Clinics
Department of Internal Modicino
(319) 356.2883
If no answer, 356-1616
Iowa City City Council
410 East Washington Street
Iowa City, IA 52240
RWIV€SN
June 25, 1976
Open Letter to the Iowa City City Council
Dear Council Members,
I realize that in recent weeks you have been intensive)
discussing the various alternatives for future
in downtown Iowa Cit Y studying and
of those meetings, y' Unfortunate) Plans for urban renewal
gs, but there y' I have been unable to attend an
bring to is one consideration that I would like to
your attention.
It is MY understanding that under the past invalidated contract with Old
Capital Associates, the requirement for certain street
downtown area was an integral part of the contract and
out; otherwise the contract would be voided. Therefore public
ub) c e the
held on the street closings were basica)) had to be carried
for a particular y a formality anduthecdecisions
public hearing, llstriet Closing was really already made
the particular street g verytun sualcircumstances prior to the
since not closing
I would effectively voiding the contract.
strongly urge that on any new urban renewal contracts for re-
development in downtown Iowa City that street closings
or committed to in the contract, but that there be an o
and discussion first after which the not be mandatory
to make a decision council would have pcomen pletec meeting
an for or against the street closin Plete freedom
y effect on any urban renewal contracts. g with
it having
Thank you very much.
sincerely yours,
` Q (l (t tCG}LGf CCL{ ( h
JO n K. Kammermeyer, M.D. u
Department of Internal Medicine
JKK/mr Section Allergy_Immunology
The University of Iowa
Iowa City, Iowa 52242
University of Iowa Hospitals and Clinics
Department of Internal Medicine
(319) 356.2883
If no answer, 3s6.1616
Iowa City City Counicl
410 East Washington Street
Iowa City, IA 52240
Dear Council Members,
June 25, 1976
An Open Letter to the Council
,OWA )p \\
def t�
�I11i
u�u�u�u�
LI U it IJ U
ocsw�s
� IPd)
You may recall that at the public hearing concerning the proposed closing
of one block of Madison Street between Iowa Avenue and Washington Street
in front of the Pentacrest this past year, I spoke in opposition to that
closure.
However, I did make the point at that time and I wish to reiterate at
this time that I do feel there is a significant problem with pedestrian
crossing of Madison Street at the intersection with Washington Street
and at the intersection with Jefferson Street. I am concerned about the
potential auto --pedestrian conflict at these intersections, and feel that
several things might be done to improve pedestrian safety. I would like
to strongly urge the council that the intersection of Washington Street
and Madison be made a four-way stop so that pedestrians crossing this
intersection do not have to compete with through traffic. I would also
recommend that the intersection of Madison and Jefferson Streets be made
a three-way stop so that, again, pedestrians crossing do not have to com-
pete with through traffic.
I also wish to point out that at the intersection of Iowa Avenue and
Madison Street the first boulevard light in the median strip on Iowa
Avenue has been missing for over a year and has not been replaced. At
night this intersection is,therefore, rather dark and pedestrians may not
be seen well while crossing the street, ror pedestrians' safety, if for
no other reason, I would strongly urge that the boulevard light be re-
placed as soon as possible so there is better lighting at night than is
now present at this intersection.
Thank you very much.
Sine
el yogs
L
Jo n K. Kammermeyer, M.D.
Department of Internal Medicine
Section Allergy -Immunology
JKK/mr
� CbN YC4CC , •
Crv,C CF I,CN �,O�E. W45wM
S � X
15, 31
July 2s, 1976.
Jc}m 1;, kar]ermeyer,
Dc:art-ent of Internal Medicine
C`4�l On-i].1l�rgl'/}•riIDO1Q��' -
tU !'ter ii:l• Of
Ic";a Cit); }cwa S2240
Dear Dr. Karmermeyer.
D
cp City Council has referred your letter of June 25, 1976 to
Department•the
`
Rtblic.lfor
1n your letter, you suggested that the intersection of Madison Streetywit}i,>
+ashington z,td Jefferson Street be fully controlled by,sto Si ns
p°inte'1 out ;hat otic of the boulevard lights is missing on Iot,a:/{yenue 5,
P g and you ali
The car/pedestrian conflict situation existi.n at
a serious one. Both vehicular and pedestrian volumes are high in this area,
g those two•.intersections is
and conformance with existing traffic laws is virtually.non-existent
rsscntially, the czisting,configuration of signs
p
be an ar_ceptable balance between"the motorist and the P
that there are many different vie;, gan rc regents t,hat;we believe t
p_destnanr Ac recogni_
controlling various IN
around the communit
points as to i:hat constitutes the best mean
rTlst maintain some balance bett;een modes of travel: Por example,;>t
Y;, hoi,ever,ae feela,e
i»ssiJtle to m:+igi.rally increase pr,4estrian safety by makin e�>e
co} a s. ndst0l St(--'I);
i, eorselyr, this could virtually bring' gehiculn� t�r� porCj
r ,cnse of the pedestrian atal.lolccatjonsgwould sinilarlyebeui]m orkablet-the
have rcvici•.,ci the traffic incl ="s
l e Iccl t};, misting stU,it]on conn n:esrtolovtlbet�thets abes}t under ]ntersecti.c
Utun�, IF conc}]t-ions ,}t.,n e si
their L ces-ican7ly in the future, w,'%'ill,oncc gacon
in
fti,: coniroL devilcs>in this area. I amt 2 We -we ave nof;able
o c` •'ii1)' t:i.th your rcduest for stops at all legs of the 'i•ntersecLzons, howe"i:e'.
I c}o lsope I hat•c explained our reasoning•
f7rund that
c li.:,rt'on t1m, median strip is o„•ned.and operatrdU
J)i ersity of ioxa I 1 we sent a letter ,..o *.hc ;,.-
1'nnersi ty. Y; the
p rare party. at
ypro r.
j O p LL, E 2 185 E Jefferson St a
D Iowa City,
Iowa City Council Members JUL 12 1976 July 12, 1976
Civic Center
Iowa city ABBIE STOLE_US,
CITY CLERK
Dear Council Member: -
Yesterday our Uuly business meeting was alerted to the decision
to make to -morrow concerning the contract with United Action for Youth.
Since for the past three years our Friends Meeting House at 311 Nou are
has served as UAY headquarters, Our Iowa City Religious Society
has been ver Linn St
Heffner and Mrs nPolly dArpthave eall Yserved aon the rUAY rBoard. Stewart,Chris of
From the start, our group has been intrigued with the system by which
hi
the thrust of ts service program has been to redirect young people
who had been alienated from home and society before they were ready to
cope with independence. We were impressed by the successes which
had convinced the sheriff to permit UAY to counsel with "rin-awa s"
a 24 hr period -- then lon ger
first year in 9 times in certain cases. hd for
y our building we became distressed b „During their'-
confusion -- partly because Of overcrowded conditions e--dMajrorasdYouth
Plus UAY __ making for 16 desks --with the additional staff involved.
We are impreessed with the increased orderliness of the staff. The
ti�f hea4siisZ r4sogniseen gfaEAicajjgc€opsb , o r�-�+ of
Now the board is composed of a -section r�tdsetYrogiama�ds 6fvi1l�dsded.
are: luv Tom al Consu, ministerrofsUnitarianoChurchts
among whom
Are, educational Consultant for Childrens' Psychopathicresident; MVS Polly
2rboysein�thesprogram);Roberta PJerrykSchabilionr;PMrs Mary Larew (Mother of
ice
from LQillow-wind, a lawyer r rof of Botany, U Of I•
Junior High. Y ) one person from High School and one fromacher
and is requestingsmorerd meetcompletemreportsuch ethanutheloriginalthan oboardafive
years ago. Of course, experts in the field of personality, appreciate
the complexity of
changeisolating causal factors in Ppoducing behavioral
, and objective measures of such changes.
are in close consultation witHowever, the UAY staff
h staff of Childrens' Psychiatry as to
most appropriate tests and strategies for bringing about change.
In the second place, we are very enthusiastic about the dynamics of
this program which capitalizes on the effectiveness of "peer" leadership
as opposed to adult leadership. rte think that the gains peer"
using
normal, well -adjusted high-school aged youth as co-workers with youth
who have become anti -adults both at school and home are high both for
the adjusted youth and the "drop-out." The successful kids are looking
for problems to tackle, ways to make for a better society with fewer
crimes and wars. They want to understand how lonely kids react. Thus,
both groups of youth can profit from the contacts when the leadership
is strong and the whole program is carefully monitored.
Our
ttosupport sthe sexpenditure nofathe dsmall me osum1of $24,460ewhichucrgingoversysou
taff
pay for five persons plus office expenses PLEASEI
Sincerely,
e1,
July 16, 1976
Iis. ,lanes R. Kuhn
1185 East Jefferson Street
Iowa City, Iowa 52240
Dear 'is. Kuhn:
At the roFular Council meeting on July 13, 1976, the City Council
adopted a resolution approving the contract for Outreach Services
with the United Action for Youth. The Council agrees with the nedd
for an advocacy program for youth in the Iowa City area. U.A.Y. will
be instriuwental in providing such a program in our commmity.
Thank you for expressing your views to the City Council.
Sincerely yours,
Neal G. Berlin
City ; Linger
Is
cc: City Clcrk ✓
M - E -M-O
TO: City Council
FROM: Ronald Farber, President, Iowa City Public Library Board
of Trustees
RE: Library Building Program f, Site
DATE: 7-8-76
At a meeting on Wednesday, July 7, 1976 the Library Board accepted
the Recommended Buildin Pro ram for Iowa City Public Librar
as su mitte y consu tant o ert olilf in une, 1976. Copies
have been forwarded to Council members.
During the day long work session with the consultant the pre-
liminary draft of the site study report was reviewed and the
consultant will be submitting a final draft in a few days. Copies
of it will be forwarded to the Council as soon as it is received
and accepted by formal action of the Library Board.
Recognizing the Council's need for information which might affect
their deliberations about downtown redevelopment, the Library
Board unanimously adopted the following resolution at the July 7
meeting and asked that it be sent to the City Council immediately.
The Library Board of Trustees requests that the City
Council reserve a site for a library building in Block
64 of the central business district of not less than
36,000 square feet, exclusive of set backs, vehicle
access and short-term parking.
The Library Board and the consultant would like to meet with the
Council laterthis summer to discuss these reports. Please let
Lis know when it would be convenient for such a meeting.
Howa city
DATE: June 23, 1976
F
Linda Schreiber, Administrative Assistant
Julie Vann, Redevelopment Specialist ,i�"''J
CCi\' Bylaws
the June 16th meeting of CCN, the attached bylaws were approved as
amended- Please fon:ard copies to Council -members for adoption.
JV/ssw
B1ZAWS
CMIITITE ON CO'•MAIITY NEEDS
Article I
Section 1. Regular Meetings. Regular meetings of this Committee shall
be held on the first Wednesday of each month at 4:00 p.m.
Section 2. Special Meetings. Special meetings of the members may be called
by the chairperson and shall be called by the chairperson at the request of 3
committee members.
Section 3. Place of Meetings. Shall be held in the Recreation Center
Meeting Room A, or any other public accessible meeting place should the Recreation
Center be unavailable.
Section 4. Notice of Meetings. Notice of regular meetings shall not be
required to all members and the press; special meetings may be called upon notice
to all members and the media by telephone not less than six hours before the meeting,
and 24 hours if a uTitten notice of a special meeting is given.
Section S. orum. A majority of the members of the Committee shall
constitute a quorum at any meeting and the majority of votes cast at any meeting
at which a quorum is present shall be decisive of any motion or election.
Section 6. Proxies. There shall be no vote by proxy.
Section 7. Public Discussion. Time shall be made available during all regular
meetings for open public discussion.
Article II
Section 1. The CCN Committee shall consist of 15 members; term of membership
shall be 2 years, except on initial appointment of the Committee, seven will be one
year and eight will be two years. The chairperson and co -chairperson will be elected
annually from the committee members. All members of
electors of the Cit the Committee shall be qualified
Y of Iowa
compensation but shall City, Iowa, and shall serve as members without
be entitled to the necessary
expenses expenses, included travel
incurred in the discharge of their duties.
Section 2. Nomination.
The City Council shall appoint members to CCN as
vacancies occur.
Section 3. Orient
Prior to the first regular meeting following their
appointment, new members shall be provided izth copies of the Committee (CCN) bylaws.
Article III
Section 1. Chairperson. 7Tie
chairperson shall, when present, preside at
all meetings, appoint sub -committees with the a
meetin s PProval of the committee, call special
g and in general perform all duties included to the office of a chairperson
and such other duties as may be prescribed by the members from time to time.
Section 2. The co -chairperson shall take over all the above duties of
chairperson in the event of the latters' absence.
Article IV
Section 1. A enda. The chairperson, or a designated representative together
with appropriate members of the City staff or City Council shall prepare an agenda
for all regular comnnittee meetings. Agendas are,
the Cit to be sent to committee members,
y Council and the media at least three days prior to the regular meetings.
Section 2. Minutes. ,Minutes of all regular and special meetings are to be
Prepared and distributed to corrnittee members and City Council within one week of the
meeting, in the manner prescribed by the Council.
Specific recommendations for the
Council are to
be set orf from the main body of the minutes and appointments
Section 3. Policies and Pro identified. r
ans• Periodically the Committee shall
review the policies and progress of
the City, relating to the Committee's functions
and make such recomsnenclations to the City Council as are deemed appropriate. I
January 23, 1976
Honorable Mayor and City Council of row❑ City
Civic Cent:er-
Iowa City, Iowa 52210
llonorahic
Mayor and City Council
of
Iowa City:
'Phis letter is submitted to you on behalf of the
Executor of the Estate or Mary (lands, N`il.liam C Musser,
for the Purpose of formally requesting the City of Iowa
Ciin Bty lato vl r the .following described rcal estate located
ck's Park Addition, Ioy, Iowa, and shown on
the Plat Records a
tile wa Cit
e plat thereof recorded in Plat Book 2; t Page 38 of
of .Johnson CountY, Iowa, to -mit:
All of Ferson Avenue shown on sa
lying id plat
between Blocks 1 and G and running
from the North Linc of Koontz Avenue
(now Park Road) to the south line of
Gould Street, and all of Gould Street
lying between the cast and west lines
Of Faison Avenueextended as designated
on said plaat..�
So as not to deny an access to the property adjacent to the above described real estate
requested that the Cit Y lying
and hencfit of any adjYcreserveari it is Further
a right or way for the use
and assigns over the followin, property owners and their heirs
! described tract, to -wit:
A strip or l:uul 20
From feet in Width extending
the north line of Koontz Avenue (now
Park Road) to the south line of Could Street
the centerline or Which is identical to the
centerline of Person Avenue, all as designated
originally on the Plat' of Biack's park Addition
to rowa City > Iowa, in Plat Book 2, at pane 3S
or the flat Records of .Johnson County, Iowa.
t'
• Rt=CE�D
'i?ti
a 7976
Lams
SHULMAN, PHELAN, TUC ;SER, BOyLE & MULLEN
I�1 1
Squtnnrl
ATTOR:fEyS AT LAW
WILLIAM V• PiIELAN
V! ILLIAM M. TutRCq
SREMEP UUILMUG
UnVICL W U=Lt
P U
UfI �[ 2,S0.
GlwuLts A. MuLLtu
IOWA L,i Tye IowA 52240
S:c> r. Hamer
-
T ... I, rcc
iiq Uc[JJ9-a,el
i. LVALItq
Hlcunno M. Tucr.[n
M" C.. 31 Ar
January 23, 1976
Honorable Mayor and City Council of row❑ City
Civic Cent:er-
Iowa City, Iowa 52210
llonorahic
Mayor and City Council
of
Iowa City:
'Phis letter is submitted to you on behalf of the
Executor of the Estate or Mary (lands, N`il.liam C Musser,
for the Purpose of formally requesting the City of Iowa
Ciin Bty lato vl r the .following described rcal estate located
ck's Park Addition, Ioy, Iowa, and shown on
the Plat Records a
tile wa Cit
e plat thereof recorded in Plat Book 2; t Page 38 of
of .Johnson CountY, Iowa, to -mit:
All of Ferson Avenue shown on sa
lying id plat
between Blocks 1 and G and running
from the North Linc of Koontz Avenue
(now Park Road) to the south line of
Gould Street, and all of Gould Street
lying between the cast and west lines
Of Faison Avenueextended as designated
on said plaat..�
So as not to deny an access to the property adjacent to the above described real estate
requested that the Cit Y lying
and hencfit of any adjYcreserveari it is Further
a right or way for the use
and assigns over the followin, property owners and their heirs
! described tract, to -wit:
A strip or l:uul 20
From feet in Width extending
the north line of Koontz Avenue (now
Park Road) to the south line of Could Street
the centerline or Which is identical to the
centerline of Person Avenue, all as designated
originally on the Plat' of Biack's park Addition
to rowa City > Iowa, in Plat Book 2, at pane 3S
or the flat Records of .Johnson County, Iowa.
{ • - 2
The basis for requesting the vacation of the foregoing
real estate is as follows: 1n 1941, the owners of the lots
lying adjacent to the above describe(1 part of Verson Avenue
entered into a private vacation agreement whereby they pur-
ported to vacate said section of Person Avenue. In coniunction
with their vacation agrcemcnt, Chew same property owners
concurrently executed another agreement reserving to each
owner a right of way over this same section of Person Avenue.
'rhe legal validity of these agreements was not questioned
at the time and as a conse(luence, after their recordation with
the Johnson County Recorder) they were noted and reflected on
the record:: ol, various other county art([ city agencies, including
the official Plat of Black's P.irst A(lditi.on in the County
Recorder's Office, the Plat Records in the Johnson County
Auditor's Office and the Vacation Records of the City of Towa
City.
Two of the parties to these agreements were William L.
NUSSer and Mary Nusser, husband and wife, who (Fere the owners
Of Lot 4 of Black's First Addition, situated at the NI' corner
Of the intersection of Ferson Avenue and Koontz Avenue, the
latter presently being known as Park Road. Following the
death of William L. Nusser, Mary Nasser, now being the sole
owner of said Lot 4, married Harold L. Hands, whom she also
survived, still retaining her ownership of the Black's Addition
property.
On June 12, 19741 Mrs. (lands entered into a purchase
agreement. with Richard and Georgi.a Pegnetter whereby site
agreed to sell said Lot 4 to the Pegnetters. In entering
into this purchase agreement, it had been represented to
the Pegnetters, haled upon the plat records of the Johnson
County Recorder and Auditor and the records of tile' City
of Iowa City, that the segment of Ferson Avenue here in
question had been validly vacated.
As part of the process of transferring title to said
Lot 4 from Mrs.(lands to the Pegnetters the abstract of title
to the property was continued to cover the period from the
acquisition of Lot 4 by William and Mary Nnsser to the date of
sale by Mary Nusser to the Pognetters. Following this
continuation of the abstract of title, an opinion as to the
condition of the title to I,ot 4 was rendered by Mr. William
Meardon who therein raised a question as to the validity of
the 1941 vacation. By virtue of the latest continuation,
the fact now appeared that prior to the execution of the
Private vacation agreement, Black's First Addition was annexed
by the City of loiaa City and therefore, thequestion arose
as to whether any private vacation agreement executed sub-
sequcnt to the date of annexation :is valid and effective.
This question arose at some point around or after the
death of Mrs. (lands in the first- part of August, 1974.
Mr. Pulliam C. Nusser, as Executor of Mrs. (lands' Estate,
thereafter succeeded to her rights and obligations under
the prior purchase agreement. Pursuant to the terms of
the purchase agreement, the sale of Lot 4 was consummated
on August 1S, 1974, with the understanding that the Executor
of Mrs. Hands' Estate would pursue a resolution of the problem
raised in the earlier title opinion. The Legal question
involved was presented to the City Attorney's Office whose
opinion was that the 1941 private agreement did not effect a
valid vacation of Person Avenue.
It is the desire of the Executor of Mrs. (lands' Estate
to satisfy the expecat:ions of the Pegnctters as to the
vacated status of the section of Person Avenue here in
question. On the Executor's behalf therefore we submit
this vacation proposal to you for your consideration and
action. We do not believe that this vacation will in any
way be inconsistent with the best interests of the City of
Iowa City and that, :in fact, .it will further the City's interests
by officially confirming a vacation which until now everyone,
including the City of Iowa City, has believed took place in
1941.
Attached hereto :is a copy of the official plat of that
part of person Avenue here in question with appropriate
notations as to the proposed vacation area and the area
over which we feel a right of way should he prescryed.
I:f you believe any further information is needed we will be
happy to furnish it to you upon request.
I would appreciate being advised as to the procedure
now to be followed in regard to this vacation proposal.
Thank you for your time and cooperation.
Very truly yours,
<�ILtL 6 I y�tC%Le.L'
Richard M. Tucker
10IT: dw
enc.
Cxo, k
G
;L --j-
@ I @ I q)
�
0
;-
iFok
svb- 0-t% o k the o YEA \r.
Sai¢ 1c% - Y\o)es
�ceet l.�Y\e s , �cc�'\.1\. ohc e.x�z �'\o•ct.-, .� c�'�t\e ��..t4�,e �.o,styls:d.e o.�1
V&R -Y-a i� \ Y\ t c v.� G\!\ \Yl S ov, 4um hve. l. -e -(A 4u t/ te, na y XV v
at �o'\Y\•ts
S oS5 \oJG t�neS , Ny\4) oS� `o'C. \nes -C('\'Ck, S�Y ea C.— ON\. -� �Y\eC, Q.
SIC- o,\l ¢ 5 , 0.S Y\ opt c�•
V�Od/iV-d"�r
idVt eevtI'S ica7teS obK 11��1a�a 60i--610
G�pyc��~/'
SUBJECT:
STAFF REPORT
Planning and
July 1, 1976
Zoning Commission
V-7602. Vacation of all or part
of Person Avenue north of Park
Road; requested by Mr. Richard
Tucker, attorney for the estate
of Ms. Mary Hands.
STAFF The subject vacation of Ferson
ANALYSIS: Avenue was referred to the
Planning and Zoning Commission
for consideration by the Assistant
City Attorney in response to a letter dated January 28, 1976 from Mr.
Richard Tucker, attorney for the estate of Ms. Mary Hands who previously
owned the property at the northeast corner of Ferson Avenue and Park Road.
This letter and a memorandum from Mr. Bob Bowlin are attached and adequately
set forth the reasons for the subject vacation request.
In consideration of the subject request there are at least four alternative
courses of action which the Commission could take as follows:
1. Vacate all of Ferson Avenue north of Park Road subject to the
establishment or retention of a public access easement and utility
easement within the vacated right-of-way.
2. Vacate all of Ferson Avenue north of Park Road, except for the
center 20 feet of the right-of-way, subject to the retention of a
public utility easement within the vacated portion of the right-
of-way.
3. Vacate all of Ferson Avenue north of Park Road subject to the
establishment of a public access easement along the center 20
feet of the right-of-way and the retention of a public utility
easement within the vacated right-of-way.
4. Deny the request.
Vacation of the street right-of-way with the presumable subsequent
disposition to abutting property owners would preclude the City from
having any responsibility or liability for street maintenance, garbage
pick-up, snow removal or other city services. Such action, therefore,
would deny existing residents of services rendered by support of their
tax dollars and adversely affect the marketability of undeveloped interior
lots which could later be made available for single family residences.
For whatever reason, however, the residents were desirous of vacating
the right-of-way and had at least attempted to do so prior to the legal
problems which have now surfaced.
Besides the City's limited investment in the street dedicated in Black's
Park Addition near the turn of the century, its only interest, if the
abutting residents are receptive to closing the street, would be for access
0
-2-
0
to unaccessible areas or for other reasons which might affect the public
health, safety and general welfare.
There are heavily wooded undeveloped parcels of land immediately to the
north of the termination of Ferson Avenue, which by reason of severe
topographical limitations, have never been developed or subdivided.
The feasibility of developing the land for residential purposes, however,
is remote and the destruction of this natural environment would ruin
the character of an area typified by mature trees and other native
forms of vegetation and a natural wildlife habitat. Regardless, Ferson
Avenue is not the only means of access to this area which can be made
accessible via the extension of Gould Street west from Beldon Avenue.
The establishment of a public access easement within Ferson Avenue is
a necessity because of existing residences which have access to the
street. However, if the entire right-of-way is vacated and disposed,
development of the aforementioned existing vacant lots could be prohibited
even though a public access easement is established. According to the
Zoning Code, every buildable lot must front on a public street or on
an 'officially approved place". Alternatively, then, a prospective
home builder could confront the Board of Adjustment with an appeal that
the private drive be designated an officially approved place. There
is no assurance, however, that the Board would act favorably.
The center 20 feet of Ferson Avenue could be retained as public right-
of-way and the remaining portion vacated. The City would then assume
responsibility for the maintenance of the remaining portion of street
right-of-way and for providing essential services to the residents on
Ferson Avenue. The existing street surface, however, is in comparative
substandard condition and in dire need of repair. It would be essential
that the street be improved by the residents abutting Ferson Avenue or
by the City and the cost assessed against them. In addition, a turn-
around within the 60 -foot right-of-way at an appropriate location
would be desirable.
STAFF
RECONW-NDATIONS:
abutting property owners' desires with
to those residents most affected.
It is the Staff's recommendation
that one of the above courses
of action indicated above be
considered in view of the
special consideration being given
STAFF In review of the subject request,
COMMENT: it becomes readily apparent
that the lower Manville Heights
area, commonly referred to as
"mosquito flats", has but one access to the area via Normandy Drive.
Special attempt should be made to provide a secondary means of access in
emergency situations, through the City Park to the area.
Cxk S�(,�aQ,'V,
c e s e_ f- G:s—.�-Sf--1_
m
O
O
0
O
o�
lei
x
and, svb-d,:v:itor 0 V sh,JNvk
M
-A 4.YXq.s
�ceO.r, Y\es, ��k oha exc.ey'G'tor.•. cl��e .gin t4t��gst s�a.9- 0.� ,
or. o Ss Uvkrt,'Y att \.\nt 0% K%� c\C\�r %or Arz,.1't�.0 Y•l\�k. -164 Y1oisov
\3t w\tie "0t,or V er arc }lo\\-\ts rcto,�\KC,d\A-Vv s •, --o—. Stu�kcs,�ti��,l
�s aS5 �ot %ne5 o.r\� oS� \o,L `�rleS-c(\'GV. SA.at—aNv :-r\25 elYGeyt
0.S h o,�, 2 4�N.
L% -t1 av\�.eeca�res�00a� (0 610.
.0 �o
90•
' Lo
G
90
•G�
o�
lei
x
and, svb-d,:v:itor 0 V sh,JNvk
M
-A 4.YXq.s
�ceO.r, Y\es, ��k oha exc.ey'G'tor.•. cl��e .gin t4t��gst s�a.9- 0.� ,
or. o Ss Uvkrt,'Y att \.\nt 0% K%� c\C\�r %or Arz,.1't�.0 Y•l\�k. -164 Y1oisov
\3t w\tie "0t,or V er arc }lo\\-\ts rcto,�\KC,d\A-Vv s •, --o—. Stu�kcs,�ti��,l
�s aS5 �ot %ne5 o.r\� oS� \o,L `�rleS-c(\'GV. SA.at—aNv :-r\25 elYGeyt
0.S h o,�, 2 4�N.
L% -t1 av\�.eeca�res�00a� (0 610.
.0 �o
ANty of Iowa City 0
MEMORANDUM
k ,
DATE: June 9, 1976
TO: Planning s Zoning Commission
FROM: Bob Bowlin, Asst. City Attorney
RE: Ferson Avenue Title Problems
Dear Members of the Commission:
For some time there has been a problem over whether or not
Ferson Avenue in front of properties owned by Richard Pegnetter
and Dr. Jacques is a vacated way or whether it is a dedicated
public street. In 1941 there was a purported private vacation of
this part of Ferson Avenue. This vacation appears on many abstracts
of people in the area. A title objection was raised concerning the
vacation and approximately a year ago our office was asked to look
into the matter. It was my opinion at that time that the vacation
was not effective and that that portion of Ferson Avenue was still
a dedicated public street. The property owners have been treating
it as a vacated way, and were paying taxes on it since 1941.
Mr. Pegnetter has now erected a fence in what is very possibly
the public right-of-way. He believes that this is his property.
I believe that it is necessary to get this matter resolved as
expeditiously as possible. Since part of the solution might be
a formal vacation of this area with agreements to preserve access,
I thought it might be appropriate to have a public hearing on this
matter before the Commission so that recommendations could be sent
to the Council. Some time ago, I sent a memo to the Council
requesting such a procedure, and it was my understanding that the
Council had agreed.
I would propose a public hearing before the Planning S Zoning
Commission with notice to all interested parties. Interested parties
would include the Richard Pegnetters, the Jacques, Ms. Steffi Hite,
the estate of Mary Hands, (Mr. Richard Tucker, Attorney at Law;
Mr. Bill Nusser), and the City of Iowa City (myself). At the public
hearing all the problems could be aired and possible solutions could
be worked out. At this time, I would like to suggest a possible time
of the week of June 21, 1976, or later for any such hearing. The
Jacques will apparently be out of town until Saturday, June 19, 1976.
I would anticipate that a $300.00 fee for a formal request for
a vacation would not have to be filed by any person in this case.
This is a rather complicated matter, but I would like to get it
resolved if we possibly can. I would be happy to answer any further
questions you have, and would like to appear at any Commission meeting
where the problem is discussed. Thank you.
i
Bob Bowlin
cc: Richard M. Tucker, Dennis Kraft, Don Schmeiser, John Hayek
;i'Ii_1 tA.N, PHELAN,TUC;C �a, T_toYr.E St MULLEN
ATTO1114t:'eU AT T.AW
I,nn,. '��u�i nor, IInl r.tn 14m m•nl
W., r rwn V. I..", nw tr, Il. lion : P•O
•Nuri, i+ I.1.,, or
N. 14n nrn IOWA CITY, IOWA 522I0 wing
Il a•n, i. '• . r
.. r^rn x 1'. ILu et
u,.r n
am uni•u 11. tvrnu
January 28, 1976
Honorable Mayor and City Council of Iowa City
Civic Center
Town City, Iowa 52240
Honorable Mayor and City Council of Towa City:
'Phis letter is submitted to you on behalf of the
Exccutor of the Estate of Mary (lands, I1'i l l iam G. Nussor,
for the Purpose of formally requesting the City of Iowa
(:ily to vac:,ie the following described rval estate located
in Bl:lrk's Park Addil ion, lawn City, lowa, and shown on
the plat lhcreof recorded in Plat Rook 2, :It Pa$,e 39 of
the Plat Records of .Johnson County, Iowa, to - wit:
All of Person Avenue shown on said plat
lying between Blocks 1 and G and running
from the North line of Koontz Avenue
tnow Park Road) to the eout.h line of
Gould Street, and all of Gould Street
lying between the east and West lines
of Verson Avenue extended as designated
on said plat.
So as not to deny an access to the property lying
adjacent to the above described real estate, it is further
rcgocsted that the City reserve a right of way for the use
and benefit of any adjacent property owners :Ind their heirs
and assigns over the following described tract, to -wit:
A strip of Had 20 rout 1n width extending
from the north line of Koontz Avenno (now
Park (toad) to the south line of Gould Strect
the centerline of which is identical to the
centerline of Person Avenue, all as designated
originally on the plat of Black's Park Addition'
to Iowa City, Iowa, in Plat Book 2, at page 38
of the Plat Records of Johnson County, Iowa.
2 -
Tile hrll; i s for I'Ctlues l int; I ht. vnc:1 t i m1 111, 1 ho forego i 1,>;
rt:;c1 est:lto is as follows: In 19.11, the owncr:c of the Intl
lying ndjac.ent to the nhovc dc:;cri1)ed part of Person Avenue
C 111 Bred into a private vacation agreement whereby they Pit r-
po"('d to va,:at:c said sect.iml of Person Avenue. to conjlln,.tion
with tlie i.r vaca1.ion agrcculcnt, Ihrsc same property owners
concurrently executed another agreement t'csel'vi.11g to each
owner a right of way over this same section of Person Avenue.
The let;:11 validity of the:;e alrreenlcnts was not yncstioned
a1 the lime and as a conscyucnce, after their recordation with
Lhc ,luhnsun Coullty Recorder, they were noted and reriecte,l on
the records of various uthol' county and city agencies, inched ing
the official Plat of Black's First Addition in the County
Recorder's office, the Plat Records in the .Johnson County
Auditor's Office and the Vacation Records of the City of iowl
('•ity ,
Two of the parties to these agreements were lijilianl L.
Nusser :old Mary Nusser, husband and wife, wlie were the owners
Of Lot 4 of Black's First. Addition, situated at the Nle corner
nl the intersection of Person Avenue and Koontz Avenue, file
latter presuntly heing known as P:lr'k Road. Fol lowing the
loath of Wi11kun L. Ntlssel', Mary Nussor, uow heing; I -lie sole
owner or snict I,ot 4, m,,-rletl 11:11'01d L, 11:11111;;, I✓111,111 she :11:;11
survived, sti11 retaining hcl' owllcrsltip of the ftlack's AddiIion
property.
On .June 12, 1974, Mrs. Bands entered into a purchase
agreement with Richard and Georgia Pcgnetter whereby she
agreed to sell said Lot 4 to the Pcgncttcrs. Jn entering
into this purchase agrcalncnt, it had been represented totic Pcgncttcrs, based upon the plat records of the .Johnson
County Recorder and Auditor and the records of the City
of Town City, that the segment of Person Avenue here in
question had been validly vacated.
As part of the process of transferring title to said
Lot 4 from Mrs. Hands to the Pel;notters the abstract of title
to the property was continued to cover the period from the
acquisition of Lot 4 by William and Mary Nussor to the date of
snle by Mary Nussor to the Pegnetters. Pol,lowing this
"11111nnlltion of tho abvtrnct of title, an opinion IIs to the
rund(tllln of the t.it)e 1.0 Lot 4 wn:l rendored by Mr. Will;llln
+Icarelon who therein rrlised if que::tl.on n:c to the v:ll;dlty of'
the. 1941 vacation. By virtue of tho latest continuation,
the fact now appeared that prior to the execution of the
private vacation agreement, Black's First Addition was anncxrd
0 -3-
i
I(y the City ()f lu'.::I City ;Incl thercfol'e,tic. ioil !Lie
:I:; lu whether ;my private v;lr:It ion ;,grrulll •nl (•�.(��.I,tt�t_I=1iJy-
r(lil(' —t iT--I tf CJ-ila:}TJ"Tr�'PTTTT,'.0 �TTt i;SIT- _;11 I(1 :I illi e1, fet•I iVC.
This quo -;t ion arose at some point or after the
death of Mrs. (lands in the first part of August, 1974.
Mr. William G. ,hisser, as lixecut.or of Mrs. (lands' Estate,
thereafter succeeded to her rights and ohligations under
the prior purchase agreement. Pursuant to the terms of
the purchase agreement, the sale of Lot 4 was consummated
nn August 15, 1974, with the understanding that th'c Executor
of Ctrs. II:Inds' list;ite would pursue a resolution of the Problem
raised in the earlier LiLlu opinion. Tlly Ivj,:jI (,ue-ayioil
involved was presented to the City Att to lie 's M l'it'c Willis'
amnion Wastiat tic 1 urly Ile ivrcemcnt did not el lect _,-
vacation of Person Avenue.
It is Hic desire of the lixecutor of Mrs. Hands' listate
to s;Itisfy the cxpccations of the Pegnettcrs as to the
v:,cated status of the section of Person Avenue here in
(luc•stion. lin the I:xcc„tor's behalf therefore we submit
this vac;Ilion proposal to you for your consideration and
ort inn. tic do not believe that this vacation will in any
way he inconsistent with the hurt intcrest.s of Iho City of
Iowo City and that, in fuel, it will further the C i I y ' s inlerr
by 1)ffIL ial I (-oil firn,Jnk ;, v;,t'atioil which ant i I now (IV Vr'yone,
including{ the city of lows city, has believed took plac(• in
1'.14].
Attached hereto is a copy of the official plat of that
part of person Avenue here in question with appropriate
notations as to the proposed vocation arca and the arca
over which we feel a right of way should be pruscrved.
if you believe any further information is needed we will be
happy to furnish it to you upon request.
1 would appreciate being advised as to the procedure
now to he followed in regard to this vacation proposal.
Thank you for your time and cooperation.
Very truly yours,
Richard M. T110.1-1.
INT: Jw
clic.
Am
'1
COMq �• CHIC CENTER 410 F WASHINGTON ST.
10WA
0
IO WA CITY. IOWA szzao
0
r.
0
tOwL'QS5�1p11R
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.
sir �, ., f,,• 3.� , _
DATE: July 15, 1976 �� "�
TO: Planning and Zoning Commission
FROM: Iowa City City Council
RE: Revised Urban Renewal Plan
At their regular Council meeting of July 13, 1976, the Iowa
City City Council adopted the motion to refer the revised
Urban Renewal Plan to the Planning and Zoning Commission for
their recommendation. The vote was unanimous, Perret absent.
Abbie Stolfus
City Clerk