HomeMy WebLinkAbout2012-03-06 CorrespondenceI
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MEMORANDUM
Date: February 14th, 2012
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for March 6th, 2012 City Council meeting; Installation of (2) NO SEMIS signs for
the 1100 block of North Governor Street.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (7); Install (2) NO SEMIS signs for the 1100 block of North
Governor Street.
Comment:
This action is being taken due to semi - trailer trucks periodically using the 1100 block of N.
Governor Street and subsequently Kimball Road, both of which have inadequate street
geometry for large sized vehicles.
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.�� MEMORANDUM
Date: February 17th, 2012
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for March 6th, 2012 City Council meeting; Installation of NO PARKING ANY
TIME signs on the cul -de -sac on Petsel Place.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (10); Install NO PARKING ANY TIME signs on the cul -de -sac on
Petsel Place.
Comment:
This action is being taken at the request of the Streets department to allow for the turning
movements of large service vehicles on the cul -de -sac.
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MEMORAN D U M
Date: February 24th, 2012
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for March 6th, 2012 City Council meeting; Installation of COMMERCIAL
LOADING ZONE 30 MINUTE LIMIT 8 AM — 5 PM M — F and an ALL VEHICLE
LOADING ZONE 15 MINUTE LIMIT 8 AM — 5 PM M — F with a 2 AM TO 6 AM TOW -
AWAY ZONE on the north side of the 200 block of East Washington Street.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (10); Installation of COMMERCIAL LOADING ZONE and ALL
VEHICLE LOADING ZONE with a 2 AM TO 6 AM TOW -AWAY ZONE on the north side of the
200 block of East Washington Street.
Comment:
This action is being taken as part of the Washington Street two -way conversion project. The
parking bay on the north side of the 200 block will be divided in half and both an "all vehicle" and
"commercial' loading zone will be installed to provide temporary parking /delivery space for local
businesses.
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- - - -- Original Message---- -
From: Jeanine Redlinger [mailto:Redlinger .Jeanine @iccsd.kl2.ia.us]
Sent: Friday, February 24, 2012 1:50 PM
To: Council
Subject: FW: Civics Project E -Mail
Iowa City Council Members,
My name is Jake Binggeli and I am a senior at Iowa City High School.
For State and Local Government class we have written a paper on an issue we would like to see resolved.
I chose the issue of the First Avenue railroad intersection. Over
20,000 vehicles use the intersection every day and people get stopped for nearly 20 minutes as many as 4 times a day. I
believe that this is a huge problem and I understand that it is in the processed of being resolved by the use of a train
overpass.
I spoke to Adam Bentley and Simon Andrew and they stated that only about $2.4 million is being payed for. I was
wondering if any other grants or sources of money have come about since then. I was also wondering about if there is
any sort of time table on when this project is going to get started, and when it will be completed.
Thank you very much for taking the time out of your busy schedules to read this email and I also thank you for
everything you do every day to make Iowa City the best it can be.
Jake Binggeli
You can contact me by phone at (319)930 -9139 or by email at iakeE500 @gmail.com
CONFIDENTIALITY NOTICE: This email communication, including attachments, contains information which may be
confidential and /or legally privileged, and may otherwise be exempt from disclosure under applicable law. The
information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received
this communication in error, please reply to the sender indicating that fact and delete the copy you received. In
addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized
retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you.
Marian Karr
From:
Simon Andrew
Sent:
Monday, February 27, 2012 9:11 AM
To:
'jakeE500 @gmail.com'
Cc:
Council; Adam Bentley
Subject:
1 st Ave. RR crossing /civics project
Dear Mr. Binggeli,
Thank you for your interest in the 15t Avenue railroad crossing improvement project. We especially appreciate your kind
words; 'making Iowa City the best it can be' also depends on the involvement and input of engaged citizens such as
yourself. We value your contribution to this process.
You are correct that just over $2.4 million of this project is being funded through federal grants. No additional grant
funding has been secured since you conducted your research. This funding is through the Surface Transportation
Program (STP), which uses federal dollars distributed by the Metropolitan Planning Organization of Johnson County
( MPOJC) Urbanized Area Policy Board. The Road Use Tax is also funding $89,755 of this project. Below is a link to a
Planning Department newsletter discussing this project. Please note that MPOJC was recently renamed; references to
'JCCOG' are describing the same organization.
http://www.icgov.org/site/CMSv2/Auto/newsletters/37.pd f
The projected timeline has the initial utility relocations beginning this fall with most of the major construction work
occurring in 2013. A project of this magnitude is always affected by other improvements and transportation concerns in
the surrounding area; thus this timeline is somewhat tentative. Brian Boelk is the engineer overseeing the project; feel
free to contact him with any additional questions (brian -boelk @iowa- city.org).
Thank you again for your input; I hope this information helps. Good luck in your studies!
Best regards,
Simon Andrew
Management Intern,
City Manager's Office
Iowa City, Iowa
(319) 356 -5014
simon - andrew@iowa- city.org
3f(5)
February 10, 2012
Dear Council and Mayor,
My husband and I are lifelong residents of Iowa. We were both born in Iowa and both attended
the University of Iowa as undergraduates. We are also 40 + year ticket holders to the U of I
football games. I mention this, to let you know how important the community of Iowa City is
and always has been to us. Because of this strong attachment to the area, we recently
(November, 2011) purchased a home in Iowa City so we could be closer to the University and
adjacent community. We also own a home in Largo, Florida and spend the winter/ spring
there.
Needless to say, we were very excited about our recent purchase of a home in Iowa City. That
is, until we received a letter stating a Notice of Violation for no rental permit had been sent to
us. First, we never received the Notice of Violation. Secondly it was based only on a check of
utilities which showed an out of state address. As I previously stated, we spend the winter and
spring in Florida and have as yet to move into our new home. However, a quick check with the
city's water and sewer department would have shown that the water is turned off. It is difficult
to have renters in Iowa in the winter with no water available.
I am writing to express my deep disappointment in the welcome the city has given us. It has
tainted my excitement in moving to a city that ASSUMES we are not going to be a vital part of
the community and accuses us of a violation based only on an address. Even after our realtor
spoke to the Housing Assistant Sue Dunlap and told her of our plans to occupy the home, the
offensive letter was sent to us. I hope this is not an indication of the way taxpayers are treated
in Iowa City by all their governmental entities.
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Sincerely,
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CC: Matt Hayak, Sue Dunlap, City Council
Attachment: Copy of city's letter
doo4wa /.
Joanna Reno
1612 California
Iowa City, Iowa (June- November)
and
14041- 113th Ave
Largo, Florida 33774 (December -May)
February 6, 2012
Stephen Reno
Joanna Reno
1612 California
Iowa City, Iowa 52240
Dear Stephen & Joanna,
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CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
I understand from your realtor, Mike Vermace, that you are the new owners of the property at
1612 California, in Iowa City. A Notice of Violation for no rental permit was sent when a routine
check of utilities showed the owner of the property had an out of state address, which is usually
an indicator that a property is being occupied by someone other than the owner of record.
When Mike called this morning he said your plans are to owner occupy the property 6 months of
the year and live in Florida the other 6 months. Because there is a very high number of rentals
in that vicinity I wanted to make contact with you directly to make sure that is your intention.
Please contact me at your earliest convenience, you can reach me by phone or email at
319/356 -5130 or sue- duniapCa)_iowa- citv.ora, to verify that there will not be anyone else living in
the house in your absence. I will then cancel the complaint case.
I am not sure if you are new to the Iowa City area, but if so, please don't hesitate to let me know
if there is anything I can help you with.
I appreciate your time and attention to this.
Sincerely,
Sue Dunlap
Housing Assistant
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City of Iowa City Housing & Inspection Services
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February 29, 2012
Joanna Reno
14041-113 Ave
Largo, Flordia 33774
Dear Ms. Reno,
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q CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
I have been asked to follow up with you in regards to the letter you sent to the City Council and the
Mayor referencing our inquiry into the use of your property at 1612 California.
The intention of our inquiry was obviously not received as we intended and I apologize for that. As you
know Iowa City is home to The University of Iowa and is a desirable place to own property. Our
neighborhoods receive intense pressure from rental properties and we routinely look at properties to
determine if they are rental or owner - occupied. The location of the home, your current out of state
address, and other factors led us to inquire about your future intentions with the property. While we did
receive some information from your realtor, he was not able to confirm that you would be living in the
house. Because you are ultimately responsible for the property we followed up with you. Based on the
information you provided, we have closed the case. I appreciate your timely response and your
cooperation in this matter.
If you have any questions please do not hesitate to call me @ 319- 356 -5135.
Regards,
Stan Laverman
Senior Housing Inspector, City of Iowa City
Marian Karr 3f(6)
From: boboppliger @q.com
Sent: Thursday, February 16, 2012 3:27 PM
To: Council
Subject: Platinum level Bike Friuendly Community
February 16, 2012
Dear Mayor Hayek and members of the City Council,
Bicyclists of Iowa City applaud recent efforts to improve Iowa City's "bike- friendliness." Recognition of Iowa
City as a bronze level Bike Friendly Community in 2009 was tangible evidence of these efforts. More recently,
the addition of bike lanes and sharrows to bike - traveled streets, approval of Washington Ave for two -way traffic
through downtown, and consideration of putting Gilbert St. on a "road diet" provides further evidence of the
City's interest in being a bike - friendly community.
Given the council's previously stated goal of becoming an environmentally friendly community and considering
the city's current comprehensive planning activities for downtown and the River Crossing area, we urge the city
council to take the next step by adopting a resolution to make Iowa City a platinum level Bike Friendly -
Community by 2025. Creation of a task force to accomplish this goal will require civic participation in addition
to city resources and we, along with other members of the Think Bicycling Coalition, stand ready to participate
in this process.
As was brought out in the fall city council election, Iowa City already has two to three times the national
average of bike commuters, and Bicyclists of Iowa City has more than 500 members. The Jingle Cross race in
November brings more than 1000 rides to its race, and the Old Capitol Criterium has a similar impact on the
local economy in the spring. The four locally owned bicycle shops near downtown are examples of thriving
businesses, as evidenced by the newest shop's recent expansion to a larger shop. Likewise, the Bike Library has
benefited the community by recycling more than 1000 bicycles. That bicycling is an important partner in our
state's economic health is apparent in the recent finding that bicycling generates almost $365 million a year in
direct and indirect benefit to the state.
Continued work to enhance Iowa City's bike friendly designation benefits the entire community because it:
➢ Enhances Iowa City's livability and family friendly atmosphere,
➢ Creates a Blue Zone community,
➢ Increases marketability to new business and creative class individuals, and
➢ Provides economic benefits for current and future businesses and the city
As part of a forward thinking community, we see this as a worthwhile and viable objective. We look forward to
the challenge of achieving this goal.
Respectfully,
Executive Committee
Bicyclists of Iowa City
PO Box 846
Iowa City, IA 52244
Direct e -mails to:
Bob Oppliger, Education & Advocacy Coordinator
boboppli erg .com
MPU'A
Metropolitan Planning Organization of Johnson County
Date: February 29, 2012
To: Geoff Fruin, Assistant to the City Manager
From: Kristopher Ackerson, Assistant Transportation Planner
Re: Update on Bicycle Friendly Community designation
Per your request, the following memorandum provides a brief outline of the Bicycle Friendly
Community program and the City's designation.
Background
The City of Iowa City applied to this national award program of the League of American
Bicyclists and was denied in 2007, in part because the City lacked an adopted bicycle master
plan. As a result, the City asked the Metropolitan Planning Organization of Johnson County to
write a bicycle plan and reapply in 2009. The new application resulted in a `bronze' level award;
the adopted Metro Bicycle Master Plan (page 52) recommends that the City strive to achieve
the platinum level designation.
Since 2009, the City has achieved several noteworthy improvements to the bicycle network that
were recommended in the bicycle master plan, namely:
• Eliminated moped parking at bike racks in downtown.
• Added sheltered bike racks at entrances to three downtown parking structures.
• Designated bike lanes on Rohret Road, Jefferson Street, and Market Street.
• Painted shared -lane- arrows (a.k.a., sharrows) on Market, Jefferson, and College
Streets.
• Received grant funds to purchase over 150 bike route signs for streets and trails —
installation planned this year.
• Reverting Washington Street to two -way traffic will improve east -west access through
downtown — construction scheduled to begin March 9 -12 and finish by March 30, 2012.
Next steps
MPO staff is currently evaluating the zoning code for area communities to identify opportunities
to improve the bicycle parking requirements for new and re- development projects. Staff is also
finalizing a study of potential road diet projects — reducing roadways from four lanes to three
lanes with bike lanes. Installing new on- street bike lanes and shared -lane- arrows is probably the
best way to receive a higher designation, as well as providing additional sheltered bike parking.
Please let me know how I can be of further assistance. I can be reached by phone at 356 -5247
or via email at Kristopher-Ackerson(cDlowa-City.org.
SAJCCOG \TRANS \Bike and Ped Planning \Projects \BFC \Memo regarding BFC.doc
Marian Karr
From: Sarah Benson Witry <sarah.witry@jccrisiscenter.org>
Sent: Thursday, February 16, 2012 1:32 PM
To: Council
Subject: Support for Bus Strip Tickets to Social Service Agencies
Dear City Councilors,
3f(7)
I am writing this email in support of continued funding for social service agencies to distribute free bus strip
tickets to their clients at no cost to the agencies. The Crisis Center Food Bank has participated in this program
for many years and consider providing bus tickets to be one of our major services. The 395 single -ride tickets
we receive help 132 families monthly. Last year, Iowa City bus tickets distributed through the Crisis Center
impacted 1,130 local families.
Transportation is a common barrier for our clients. Many of our clients have difficulties earning enough income
for rent and utilities, and gas for the car or a monthly bus pass often are out the picture. A few bus tickets can
help a client get to a medical appointment, to a job interview, to the first day of work. That can be a critical
stepping stone for clients struggling to get out of poverty and working toward self - sufficiency. Some clients
come to the Food Bank at the beginning of the month solely to receive the three tickets we can provide, and
demand is so high that we run out of bus tickets a few days into the month.
As you make your difficult budgetary decisions, I hope you'll continue support of this project to improve the
welfare of the most vulnerable people in our community.
Sincerely,
Sarah Benson Witry
Food Bank & Emergency Assistance Director
The Crisis Center of Johnson County
Your first call in Johnson County
Food Bank: (319) 351 -0128
Fax line (319) 351 -4671
sarah.witry(u,j ccrisiscenter.org
www.iccrisiscenter.org
Stressed? Depressed? Need to talk? Call our 24 -hour Crisis Line at (319) 351 -0140
This email message is for the use of its intended recipient(s). This email and attachment(s) may be confidential, legally privileged, and /or exempt from disclosure
under applicable law. If you are not an intended recipient, do not use, disclose, disseminate, forward or copy information contained in the email and /or
attachment(s). Please notify The Crisis Center of Johnson County by reply email, and delete the original message and all attachments from your system.
Marian Karr
From: Leo Baier <Ibaier @co.johnson.ia.us>
Sent: Friday, February 17, 2012 10:41 AM
To: Council
Subject: Local Bus Strip Passes
To Whom It May Concern: I just want to thank the City of Iowa City for providing our Commission of Veterans Affairs the
Monthly (20) Twenty bus strip passes. They are very much appreciated as many of our Veteran Clients do not have
transportation, therefore, they are in need. Again, A Big Thanks and Keep up the Good Work! Leo Baier, Director,
Johnson Co. Commission of Veterans Affairs
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MEMORANDUM
Date: March 1, 2012
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: Free Bus Ticket Program
In recent weeks, several a -mails and letters have been sent to City Council from various service
agencies requesting a continuation of our free bus ticket programs. This is a program that is
administered through the Transportation Services Department to provide assistance to clients of various
social service agencies that are in need of a mode of transportation.
The Transportation Services Department will continue to support social service agencies through
the free bus ticket program and has no intention of reducing contributions to this program. These tickets
aide in removing barriers for customers looking for transportation to medical appointments or job
interviews and public transit may be their only option. Please feel free to contact me if you have any
additional questions regarding this issue.
Cc: Leo Baier
Alyssa Clayden
Sarah Benson Witry
Marian Karr 3f(8)
From: Just, Craig L <craig just @uiowa.edu>
Sent: Sunday, February 19, 2012 12:10 PM
To: Council
Subject: University of Iowa THANK YOU
Dear Iowa City Mayor and City Council:
I'm writing to thank you for providing approximately 30 student contact hours of service- learning experience for my
Introduction to Sustainability course at the University of Iowa this past fall. In total, the local community provided an
estimated 400 hours of experience to approximately 75 students.
The Introduction to Sustainability course emphasizes the basic skills of literacy, applied math and finding information as
students explore various knowledge areas. This course is required for the UI Certificate in Sustainability which seeks to
place students on a path toward becoming effective leaders and engaged citizens in whatever professional setting they
choose.
The students attended public meetings organized by student, city and county governments; student & community
service groups; advocacy groups; local businesses and individual residents. As a result, the students are able to discuss
and understand key societal issues more deeply.
Again, thank you for your contribution!
Warm regards,
Craig Just
Assistant Professor
University of Iowa
Civil and Environmental Engineering
4111 Seamans Center
Iowa City, IA 52242
craig -iust @uiowa.edu
319 - 335 -5051
-03-05-1 z
3f(9)
February 13, 2012
Dear Members of the Iowa City Council,.
My name is Cody Stagg. I'm 17 years old and a senior at Iowa City High School. I'm doing
research on the topic of the Iowa City curfew ordinance. Now I don't think that the ordinance is a bad
idea, but I believe there is a way that we can make it more fair for all the kids instead of just some of
them. I've come up with a couple different solutions that could potentially save time and money. My
idea is to set one time for all kids; this would allow the police to make one sweep instead of one every
hour until midnight. Setting a time of 11:30pm will allow kids to stay out late but not late enough that
they could be in harms way. They would be less likely to encounter people heading home from bars or
other locations were they might be driving or walking home. Since it is so hard to tell the age of a kid by
just looking at them; a set curfew time like 11:30pm would allow the police to know right away if
someone is out past their curfew. They would not have to waste time with questions and finding out
that they are allowed to stay out. Also having one set time would allow the Iowa City Police Department
to focus more on crimes than on kids being out. A child that is not doing anything should not be their
main focus of the night. By giving them more time they can crack down on the real problems going on.
The city council said that the curfew was enacted because of the increasing number of juvenile
crimes in the Iowa City area; however I have compared the arrest reports from'the past years (2009 and
2010) and saw that it was decreasing on its own. So why not cut some slack to the curfew and'change it
so that it can be one fair, set time for all kids...
Thank you for your time. 1 hope that you will consider my ideas and put some thought into
making this change.
Thank you,
Cody Stagg
ry
3f(10)
Mr. Terry Dickens,
The speed limit on Court Street, specifically the section between Scott Blvd. and V Ave. is
25mph. I believe the limit needs to,be raised to 35 mph. The raising of the speed limit will help to
decrease the police resources allocated to this street.
The current city code states in 9 -3 -6, a 25mph speed limit is to be enforced in any residence
district. But under section 9 -3 -6 there is a list of exceptions. I believe this section of Court Street
between 1" Ave. and Scott Blvd. should be added to this list. The city council has the power to add to
the city code.
Studies have shown, one by the U.S. Department of Transportation, that when a speed limit is
raised by 10mph the average speed of the motorists will not increase and instead remain the same. A
study of a temporary 35mph speed limit on Court Street could conclude that the average actual speed of
motorists would not rise. A study done by myself in the form of a fifty person survey shows that fifty
percent would agree with raising the speed limit and sixty -six percent admit to driving over 25mph.
A Survey with Assistant Superintendent of Streets, John Sobaski, and Traffic Engineering
Planner, Darian Nagle -Gamm, concluded that the raising of the speed limit would not incur significant
costs, beyond the cost of new speed limit signs. It was also said that a streets speed limit should be set
by the eighty -fifth percentile of all speeds of motorists on that street.
I look forward to your feedback. Thank you for your consideration.
Sincerely,
Parker Reineke
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February 23rd, 2012
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
Re: Request for speed limit increase to 35 mph on Court Street between 1 st Avenue and
Scott Boulevard
Dear Mr. Reinke:
Your request for a speed limit increase on Court Street between 1 St Avenue and Scott Boulevard
to 35 mph was forwarded to me. When I visited your State and Local Government class at City
High in January, we briefly had an opportunity to discuss a few of the factors taken into
consideration when speed limits are set, such as determining what type of area surrounds the
street (e.g. residential neighborhood versus commercial, where residential neighborhoods tend
to have lower speed limits), the 85th percentile speed of motorists, and the width of the street.
There are several other factors that we did not have an opportunity to discuss at length, such as
the topography, visibility, and the number of driveways or potential "conflict points" on Court
Street between 1St Avenue and Scott Boulevard. These factors are of the greatest concern as
there are nearly 80 residential driveways and 11 street intersections on this street segment.
Comparatively, there are only 2 driveways and 8 street intersections on Court Street between
Scott Boulevard and Taft Avenue where the speed limit is 35 mph. Generally speaking, the
less "conflict points" there are on a particular street, the higher traffic speeds tend to be.
Keeping traffic speeds near 25 mph in residential areas with many driveways helps ensure
drivers have ample time to react and respond with intersecting traffic — this helps reduce
collisions. Another concern on this particular stretch of Court Street is that there are several
hills which limit visibility. As the traffic volumes have increased over the years, the limited
visibility makes it difficult for residents to back out of their driveways near the hills. Increased
traffic speeds would make it even more difficult for Court Street residents to exit their driveways
and could potentially increase collisions.
It was good to meet you and to have an opportunity discuss this issue in person last month. I
hope between our discussion and this letter I have addressed your questions. If you have any
additional comments or questions, please feel free to contact me at 356 -5254 or darian-nagle-
gamm(aD,iowa- city.orp. Good luck with your studies this spring!
Sincerely,
Darian Nagle -Lamm
Traffic Engineering Planner
CC: Matt Hayek; Mayor
Tom Markus; City Manager
Jeff Davidson; Planning and Community Development Director
John Yapp; Transportation Planner
S:\J000G \Staff\DNagleGamm \Council Actions & TE Work Orders \LTR - Parker Reineke - SPEED LIMIT 35 REQ COURT - Febl2.docx
1639 Ridge Rd.
Iowa City, IA 52245
February 18, 2012
Matt Hayek
Mayor of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Dear Mayor Hayek,
Please find a copy of my 24 December 2011 letter to HNTB concerning the Gateway
Project enclosed.
I am certain you are asked to read more information and correspondence than I could
ever imagine, but I would be grateful if you will read this letter to HNTB. Iowa City has
an opportunity to make a strong statement about public spending. I think it would be
better to invest in structure elsewhere in Iowa City that would have a better daily benefit
than the Gateway Project promises.
Thank you for your time to consider that letter.
Sincerely,
1'0'1�y W.
MarJorie Wilhite
marjorie- wilhite @uiowa.edu
cc: Connie Champion
Susan Mims
Terry Dickens
Rick Dobyns
Jim Throgmorton
Michelle Payne
3f(11)
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1639 Ridge Rd.
Iowa City, IA 52245
December 24, 2011
Iowa City Gateway
c/o HNTB
715 Kirk Drove
Kansas, City, MO 64105
Thank you for establishing the three proposals for Dubuque Street in Iowa City on the
Internet. When we moved to Iowa City in August 1964 we rented half a duplex on
Bjaysville Lane — the street across Dubuque from Foster Road. We were always happy
with this area of town and were very pleased to be able to move to Ridge Road in 1995.
Our comments on the Gateway Project and the proposals follow:
We believe Iowa City should set a good example and discard plans for the Gateway
Project. There are many sites in the U.S. that need the FEMA money far worse than this
particular project does. And everyone is seeking ways to save tax dollars. Iowa City
could become an excellent example of a concrete effort to be fiscally conservative. No
homes were damaged by the Dubuque Street flooding in 1993 or 2008. Raising the street
12 feet will not protect the homes that did flood along Taft Speedway or the buildings
that were affected on the University campus or elsewhere. It only promises to assure
access to the center of Iowa City itself.
We observed that everyone could reach any destination they desired during these floods
by using Dodge Street or by entering Iowa City from Melrose Avenue from the west or
using streets in east Iowa City. It took longer, but there were always solutions. There
have been approximately 5,475 days pass by since the flood in 1993 commenced until the
present day. If Dubuque was closed for 5 weeks during each flood that amounts to 70
days or only .0128 per cent; of the days in this period of time. We probably impede
ourselves from reaching destinations at least that much of the time by dealing with car
repairs, unexpected company and other daily matters. At the time, the floods did cause
alternate routes, but over the long haul that is a small price to pay. In the 47 years
(17,155 days) we have lived in Iowa City, Dubuque Street has been closed by flooding
only .004 per cent of the time.
The construction to raise Dubuque Street 12 feet — an estimated two construction seasons
- will cause a far longer time of traffic impediments than the floods ever did. Moving
enough soil in to reach the 12 -foot goal will cause environmental contamination, noise
contamination, not to mention the gallons of gasoline that would be consumed by the
moving trucks and construction equipment.
Your Proposal Maps are clear and easy to read.
CD
We prefer Proposal B, if one must be chosen, because it retains the currenftfil'ranee to
Ridge Rd. It also appears to include the least changes to other streets ante. iv
Proposal C suggests that Taft Speedway and Ridge Road connect. This plan is
detrimental to the entire neighborhood along Ridge Road and Whiting Avenue and
surrounding areas. It would encourage traffic to use Ridge Road even more than
currently happens as a connection from east to west or vice versa.
Raising Dubuque Street 12 feet raises the traffic noise 20 percent closer to our
neighborhoods. That is not good. Traffic noise levels are an important consideration in
any neighborhood.
Proposal A appears to be a compromise between B and C.
We like Park Street Bridge just as it is and just where it is.
Iowa City — Please set a good example for the rest of the U.S. and decide that a flood that
seldom happens over a portion of a street that offers no direct access to homes or
businesses should be set aside. Everyone was able to reach his/her desired destination
regardless of the flooding. The funds should be directed to more demanding situations.
Thank you.
Sincerely,
cc: Melissa Clow El LEED AP
City of Iowa City, Engineering
�s
i'-J
3f(12)
Dear City Council,
My name is Shelby Good and I have been researching the Iowa City Animal
Shelter. I understand that we have decided to make a new Shelter in Iowa City that will
be more convenient for those who are in town. Thinking that the animal shelter should
become a no kill shelter is an improvement that we can make at the shelter. Instead of
keeping all of the animals in one shelter I think that we should accept all animals in and
donate them to different stores such as Petco and other places like hospitals and
nursing homes. Donating the animals to a place that could use the animals to bring joy
and happiness to the patients in the hospital and a smile to those in a nursing home,
wouldn't cost money for us but would give the animal another chance at life.
Euthanizing the animal just because they aren't as "adoptable" as the puppy found in
alley doesn't mean that their life needs to end. Some people are put into bad situations
in life and grow up to be successful. They had another chance to have a happy life,
animals deserve this same treatment. Taking in the animals and donating them to a
place that could lift someone's ill spirits costs nothing for us and helps the animal.
Euthanasia should be stopped and other solutions should be made. We need to help
these animals have a place in the world that's not in a cage or out on the streets.
Animals have other ways they can be helpful than just a pet to an owner. For instance
they can become therapy dogs. Let the animals have another chance at life instead of
just euthanizing them.
Thank you,
Shelby
-,
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�
3f�13)
Dear Mr. Hayek,
I am Trenton Bedford and I am a senior at City High School. I am currently taking a State and
Local Government class and decided to do my civics project on the First Avenue and Court Street
intersection. Has anyonme ever complained about how slow the First Avenue and Court Street
intersection is? It needs to be brought to the city council's attention that there is a serious traffic build
up in the morning from 7:30 to 8:30, and 3:30 to 4:30 in the afternoon. Drivers become very frustrated
with the amount of time it takes to pass through the light. One of the main causes to the build up is the
"all -red" pedestrian crossing. While pedestrians cross, the traffic both ways is at a halt and the cars both
ways rapidly pile up. I believe that the "all -red" crossing rule should be aboloished. Pedestrians
understand the rules of crossing and should not need to have all traffic at a halt to cross. The all -red not
only affects the traffic at the light, but also furthur down the streets because of the amount of cars
trying to get to their destinations through this light. Abolishing.the rule would decrease the traffic
amount greatly and also the stress behind the wheel (which can be very dangerous). Thank you for
taking the time to read this letter.
Sincerely,
Trenton Bedford
?le n-fio n (v rol
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ry
Marian Karr 3f(14)
From:
Simon Andrew
Sent:
Wednesday, February 22, 2012 5:04 PM
To:
'fjpieper @gmail.com'
Cc:
Council; Adam Bentley
Subject:
Iowa City Animal Care and Adoption Center
Dear Ms. Pieper,
Thank you for your correspondence concerning the design of the new animal shelter facility. We value your input and
will forward your ideas to those involved in the planning process. Effective city services depend on the contributions of
involved citizens.
The link below will take you to important documents, timelines, and frequently asked questions regarding the planning
of the new facility. This information addresses some of your concerns about the facility's design and location. For
instance, you will be pleased to know that the facility's initial design concept surpasses state animal welfare standards,
incorporating recommendations from the Shelter Veterinarian Association
http: / /www.icgov.org /default / ?id =2149
We always strive to be responsive to citizens' input and encourage everyone to participate in our "good ideas" -
program. Follow the link below to submit your ideas, view the ideas of others, and vote for those you think are best.
http: / /www.icgov.org /default / ?id =2157
Best regards,
Simon Andrew
Management Intern,
City Manager's Office
Iowa City, Iowa
(319) 356 -5014
simon- andrew @iowa- city.org
From: Felicia Pieper <fjpieper @g mail. com>
Sent: Wednesday, February 22, 2012 9:58 AM
To: Council
Subject: Iowa City Animal Shelter
My name is Felicia Pieper and I am a senior at City High School. I have done some research on
the local animal shelter and would like to see it expanded. I know that a new animal shelter is in the
works and I would like to see a few inprovements in this facility. First of all, a place for the animals to
stay is most important. Large cages and room to house many animals is essential. Also a place for
the animals to play and exercise is needed. Therefore a location that has a yard with grass and a trail
to have walks on would be preferable.
Building a new shelter will be beneficial to the community because it will house more animals, which
would take more strays off of the streets. With less stray animals running around our city would look
better as well as be safer for citizens.
Thank you,
Felicia Pieper
Marian Karr
From: frank williams <jm800155 @hotmail.com>
Sent: Wednesday, February 22, 2012 8:47 AM
To: Council
Subject: SOUTHEAST SIDE
15
I read this morning that the RED LIGHT TRAFFIC CAMERAS are a go. Well that is so nice. Are you plannning to use any
of the money to help rebuild the SE side of town or does the downtown get the largest share ? ? ?? All i see is business
construction in Coralville. Here on my side of town nothing. Is this town opposed to new businesses ? ? ? ? ? ? ? ? ?? Does the
city have a plan to help Sycamore when it loses it's only anchor store? Or will Sycamore just fade away like Westdale
Mall and Southridge Mall ? ?? Well if you do have something in mind could you please tell us ? ?? So far all we are getting is
our yards and sidewalks tore up. I guess it will be nice to have a new road that leads to nothing.
Frank Williams
1123 Pine St.
Iowa City,IA 52240
319 - 530 -2380
jm8001550)hotmail.com
Marian Karr
From: George Hospodarsky <george.hospodarsky @ gmail.com>
Sent: Wednesday, February 22, 2012 8:11 PM
To: Council; george.hospodarsky @gmail.com
Subject: Animal Services
Dear Iowa City Councilors,
3f(16)
I am writing to you in regards to the ongoing discussion between the city and the other jurisdictions of Johnson County
about animal services and the construction of a new animal center. My wife and I are both volunteers at the Animal
Center and are donors to the Friends of the Animal Center Foundation (FACF). I attended the council work session on
Feb 21 where you discussed the issue, and I have either listened to, or attended many of the Board of Supervisor
discussions of this issue. I also listened to the initial discussion that occurred at City of North Liberty Council work
session about the issue. I have also watched the initial presentation and discussion at the MPO [as an aside I want to
thank the city and all the jurisdictions for providing their meetings on the internet and on Public Access in a very timely
manner].
I feel from listening to all of the discussions, there has been a serious lack of communication between the city and the
various jurisdictions, and that the other jurisdictions feel that they were given a "take it or leave it" proposal at the MPO.
However, it also appears to me that the majority of the other jurisdictions agree that they will need (and are willing) to
pay more for animal services, but they have major concerns about their proposed share of the cost of building a new
shelter.
I see many benefits of keeping the stray animals of all of Johnson County in one location. Adoptions will be highest at an
established adoption center location. From the Annual Police Reports, about 700 to 800 animals are adopted each year
out of the Iowa City Care and Adoption Center. People who accidently lose their pets will also have one place to go to
reclaim their pets (currently about 500 animals are reclaimed each year at the current shelter). And "good Samaritans"
who find stray animals will have one single place to go to turn animals in and not have the frustration of being confused
as to where to take the animal depending on where exactly they found it.
As Mayor Hayek stated during the February 21 work session: "This is a regional problem that needs a regional solution."
So I strongly encourage you to negotiate in good faith with the other jurisdictions, both in providing animal services for
the other jurisdictions, and in the funding of building a new shelter. I also encourage you and city staff to work on
improving the communication between the City of Iowa City and the other jurisdiction.
Thank you for your time
George Hospodarsky
5039 American Legion Rd
Iowa City IA 52240
Marian Karr 3f(17)
From: Brian Ceccarelli <brianc @talusmusic.com>
Sent: Thursday, February 23, 2012 9:38 AM
To: Council
Subject: Red Light Camera Vote
Dear Iowa City Councilmembers,
If you install these cameras, prepare Iowa City to be bankrupt in a couple of years. Iowa City will be sued in
the biggest stampede of class action lawsuits that will ever hit the planet.
You see, the federal standards for setting yellow light durations force drivers to run red lights. The standards
comes in the shape of mathematical formula, but the formula violates physical reality. It is bad
physics. Enforcing the federal standard is like enforcing a law forbidding gravity. You cannot do that —it
violates the Canute Precedent. It is very illegal. You cannot pass laws commanding water to freeze at 100
degrees, or force drivers to decelerate to a stop in 3.0 seconds from 45 mph.
No enforcement measure will ever affect run red light running. Traffic engineers must first set the yellow
correctly. They must increase the yellow duration to that required by Newton's Second Law. They must
increase it to the time it takes a driver to stop. Right now, they set it to half the time it takes a driver to
stop. Yes, half! The formula never allows any driver to decelerate and enter the intersection. Anyone who
needs to do that, be it a turning driver or a driver at two -close intersections, can be forced to run a red
light. Until traffic engineers understand their own formula, RLC companies are happy, no one is safe, and
Iowa City will be liable to make restitution for every dime taken by the RLCs, not to mention every death and
injury that occurs at a signalized intersection.
Refer to http: / /redlightrobber.com. Before you dismiss this e -mail rashly, look at the contacts for this site.
3 V'6a4lil C 2-GcGwe&1
http: / /`redlightrobber.com
canute @redlightrobber.com
4605 Woodmill Run
Apex, NC 27539
919 - 815 -0126
Twitter: http: / /twitter.com /redlcamera
Facebook: http: / /www.facebook.com /pages/ Red - Light- Robber/133315330062841
Marian Karr 3f(18)
From: Leo Doyle <ledoylinator @gmail.com>
Sent: Thursday, February 23, 2012 2:04 PM
To: Council
Subject: Re: Moped Helmet Ordinance Proposal
On Tue, Feb 21, 2012 at 3:20 PM, Leo Doyle <ledoylinatorkjzmail.com> wrote:
Dear Ladies and Gentlemen of the City Council,
I did my State and Local Government project on possibly getting an ordinance that requires all
moped riders to ride a helmet at all times. The reason I am doing this project is because of the recent death of
local youth Caroline Found, who died in a moped accident on August 11, 2011. I am also doing this project
because I feel that there should be a law requiring all riders to wear helmets. I mean there's a law requiring seat
belt usage, so why not a helmet law?
Since 2001, there have been 1,264 moped crashes with 1,301 injuries(numbers are still coming in). Also,
since 2005, in Johnson and Linn Counties, there have been 3,386 moped registrations in Johnson, 3,426 in Linn,
and in Polk county last year there were 1,143. Also, last year Johnson County had the highest rate of moped
registrations with a shocking one moped for every 189 people. In national terms, there were 20,398 fatalities
from motorcycle crashes, a similar vehicle. All of these statistics show an increase in the number of people
riding, as well as a correlating increase in fatalities, and more and more people are going to start riding. A law is
vital for their safety.
For example, New York state reported that, since enacting its helmet laws in 1989 and 1994 for under
fourteen years[of age], from 464 to 209 in 1995, and for over 14[age again]from 454 to 382. Another example is
in Duval County, Florida, a falling of deaths due to bicycles from five to one, and a reduction of injuries from
325 to 105, an over 300% decrease, since passing their helmet law in 1997. These few examples show how laws
in other states have been very effective in reducing the number of people being injured while riding moped like
vehicles, a sign of how effective a moped law might be.
Also, the biggest reason people don't wear helmets is because of its inconvenience, but also because its
hot in summer to wear a large, cumbersome helmet and they can be fairly expensive for safe ones, priced over
100 dollars, which is way out of the price range of an average high school or college student, which would be
the majority of riders(ages most likely 18 -24). The statistics show that the most motorcycle accidents that
happen in Iowa City are in the months of June and August, when the students are leaving and coming
respectively.
I conducted an interview with two men who work for the Iowa City manager, and got some interesting
information. The main idea I got was that the major problem that has stopped the passing of this ordinance is
enforcement. We don't nearly have enough police officers to enforce an ordinance like that, even though it
would cost little to taxpayers, and even, in fact, create revenue for the city with the fines from the tickets. Also,
people could exploit loopholes in the ordinance, like engine size. An engine 50cc's or larger is considered a
motorcycle, while one of 49cc's or lower is a moped.
Here's what I'm getting at with this ordinance idea. Have you heard recently of the two West High girls'
whose proposal died at the state level? Well, my idea is to start with an ordinance in Iowa City possibly only for
those under the age of maybe 26(to include college students), especially with Caroline, and maybe try to get
more widespread support for it so that it might be more successful at the state level.
Overall, the evidence is staggering. It would be a very good idea, for the safety of all of us, and our
children and future children, and to make sure what happened to Caroline Found never happens again, for a
moped ordinance to be passed in the Iowa City area. Thank you.
Sincerely,
Leo Laurence Doyle
3f(19)
Dear Iowa City Council,
I am a student at Iowa City City High School and I recently finished doing my
civics project on the 21 -Only Ordinance. After gathering research for my topic for
numerous weeks and fining facts on it, I came up with two new solutions of my own.
My first solution that I would like to introduce to you is the following: not allow
any persons under the age of twenty -one in the bars on the full days of Sunday through
Thursday, freeing the bars for legally aged persons only. I feel as though this would allow
diversity to remain in the bars during the week. But on Friday and Saturday, allow
persons of all ages to be in the bars with no curfew. Allowing college students to live life
and just be a college student.
My second solution that I came up with is more suiting to others opinions on the
subject. It is as follows: persons under the age of twenty -one are not to be in any bar in
the downtown Iowa City area at all after 10 p.m. If a fellow person knows about under
aged students being in the bar after hours, they could essentially inform the authorities
about the situation. The informant's name would remain secret and they would also
receive monetary compensation for their acts. Although fellow friends and students may
frown upon this, I believe it should be an option for the students. As we all know, money
is always tight for the average college student so this is would be an incentive to make
money while helping the community.
Thanks for your time and for reading my input on this situation. I hope I have
helped with the situation.
r111)
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Mitchell L. Hasler
Iowa City City High Junior
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3f(20) j
JIM L. MAYNARD
1909 WINSTON DRIVE -- IOWA CITY, IOWA 52245 -6051
------------------------------------------------------------ -- ---------- — ---- — ---------------
TELEPHONE: 319 - 351 -4636 E -MAIL• JLMavnardASLA(a)aol.com
February 21, 2012 �` = u�
The Honorable Matt. Hayek, Mayor 4 J
and Members of the City Council
City of Iowa City, Iowa -J 1
410 East Washington Street
Iowa City, IA 52240
RE: New Pioneer Co -op interest in SW Quarter of Chauncey Swan Plaza Block.
Mayor Hayek and Members of the City Council:
Earlier this year I communicated to the Mayor and City Council my opposition to the sale of the
Southwest quarter of the Chauncey Swan Plaza block for private development, feeling strongly
that the West half of that block should be retained for development for public purposes. The
recent publicity of New Pioneer Co -op's interest in working with a developer to create a new
location for their Iowa City store in the SW quarter of the block prompts me to reiterate my
objection. I do not consider that location to be suitable for this type retail commercial location due
to the lack of convenient on- street short-term parking, space for free off street parking and the
problem of providing for off - street loading and delivery of merchandise and supplies.
There is a far better solution for both the City of Iowa City and the New Pioneer Co -op available
which would create an attractive addition to the community, an appropriate use of the existing
New Pioneer'Co -op site and preserve public use options and expansion opportunities City offices
and emergency services.
The solution involves the development of the City Parking Area on the Northeast Quarter of the
City. Hall Block. Retain the West Parking bay adjacent to the Unitarian Church for City Police
and Fire personnel use:and future incorporation into the Unitarian Church site in the event it
becomes available and which could be utilized for City Offices, Police or Fire Department
expansion.
Develop the balance of the City Parking area to the East for Retail Commercial (New Pi) on the
first floor, Offices on the second floor and Residential Condominiums on the two to four floors
above in an attractive building fronting on Iowa Avenue that would set a standard for other
redevelopment that will undoubtedly occur on Iowa Avenue between Gilbert and Dodge in the
-1-
future. Condo parking could be provided in the basement. Off street loading and delivery and
some off street parking could be provided on the South side of the site using the_ alley alignment
that provides access to the adjacent City Hall parking spaces as mutual access. On street parking
on the South side of Iowa Avenue and the West side of Van Buren could be made 30 minute to 60
minute parking to facilitate short term customer access to New Pi.
As part of the total picture, the City acquires to existing New Pi site, clears it and develops it for
City Hall parking to partially replace the parking given up for the new development, an
appropriate use since it is in the flood plain. If additional parking were needed for City Hall
vehicles of employees, some number of spaces could be reserved in the Chauncey Swan Plaza
ramp (which would probably have had to be reserved for New Pi if they located at the SW corner
of the Chauncey Swan Plaza block).
This solution would provide a much more attractive, accessible, convenient and viable location for
New Pi and would be a much more progressive and forward looking solution to their needs and
the future development of the CBD than the Chauncey Swan site which I still believe can make a
much better contribution to the CBD as a creatively developed public space.
: Mr. Tom Markus, City Manager
-2-
Marian Karr 3f(21)
From: Matt Hayek
Sent: Tuesday, February 28, 2012 8:58 PM
To: Peter Davisson; Rick Dobyns; Susan Mims; Michelle Payne; jim- throgmorton @iowac - city.org;
connie- champion @iowa - city.org; Terry Dickens
Cc: Marian Karr; Tom Markus
Subject: RE: Zoning Amendments - High Density
Mr. Davisson,
Thank you for the email. The council took up these matters at our meeting last week. The council and staff determined
that items 7(c) and 7(d) should go through the normal legislative process and, assuming P&Z approval, those items will
come back to the council sometime this Spring. At that point the council will have to decide whether to set a public
hearing.
On a 4 -3 vote, the council did decide to set a public hearing on item 7(b). We are scheduled to discuss the merits of the
proposal on March 20.
I encourage you to weigh in on all three items. Please contact the planning department or the council should you have
additional questions.
Regards,
Matt Hayek
From: Peter Davisson [davissonandsonmillwork @yahoo.com]
Sent: Tuesday, February 28, 2012 8:11 PM
To: Rick Dobyns; Matt Hayek; Susan Mims; Michelle Payne; jim - throgmorton @iowac - city.org; connie- champion @iowa -
city.org; Terry Dickens
Subject: Zoning Amendments - High Density
City Council Members,
My name is Pete Davisson and I live at 6 Brickwood Knoll, Iowa City, IA. I'm a lifelong resident of Iowa City
and local business owner in the construction industry. My father and I own Davisson & Son Millwork. I'm
writing you today concerning the issue of setting the public hearing on the zoning code for the "University
Impact Area" and the resulting 60 day moratorium.
I'm asking you today to vote NO to the setting of the public hearing and 60 day moratorium. Following are the
reasons I feel this is important:
- I feel it is unfair that the city is going to stop progress on projects that meet current zoning regulations.
- By enacting a moratorium you will negatively affect the building industry and the jobs it offers to our
community members.
- It's been mentioned that Iowa City is "Open For Business ", by the city calling an emergency
meeting /moratorium you are not sending this message to builders and developers.
- The process in which the city is trying to push this through, quickly and quietly, without public input sends a
negative message to everyone.
In conclusion, you need to vote NO to the issue at hand. Future amendments and changes to Iowa City zoning
regulations may be beneficial to our community, but they need to be dealt with fairly and openly. My associates
and I look forward to attending the upcoming work session and hearing your thoughts on the Neighborhood
Stabilization (Agenda items #7b,7c,7d).
Sincerely,
Pete Davisson
319.631.1866
Davisson & Son Millwork
Office: 319 - 354 -4887
Fax: 319 - 354 -4866
03 -06
— -- 12
Marian Karr
From:
tony barino <barrinotony @gmail.com>
Sent:
Wednesday, February 29, 2012 1:32 PM
To:
Council
Subject:
TRILLIONAIRE COMMUNICATIONS
Attachments:
FBI ALERT.docx; NEXT MOVE 12.doc; OBAMA FRCrP - 6.docx
TO: FBI DIRECTOR MULLER
FROM: TONY CURTIS BARRINO
SUBJECT: LEGAL ACCELERATION - -- FEDERAL CIVIL CRIMINAL PROCEDURE 6
TRILLIONAIRE COMMUNICATIONS — 31 USC 310 -- 31 USC 3733— "motorola do OFFICE" overacts FCC
SAT - - -- 32 CFR 11.4- national security infractions that violate 21 USC 848 - - - -" the issue is proper as it
sets before the court 18 USC 912 USAM 948 - - - -- -the executive order against the petitioner is erroneous
JUSTICE CLEARANCE THOMAS — GOVERNOR PURDUE— SENATOR GRAHAM HAVE SUBPEONEAOS
INFROM THE DC DISTRICT DATED IN 2009 - - -- "statue of limitations of fraud from the first overacts or
suspected activity was reported and file in court." ACCELERATION
THANK YOU FOR YOUR SUPPORT AND ASSISTANCE
OBAMA G30 ISSUE LAWSUIT PREPARATION - - -- TODAY'S NOTES 29TH
FRCP 26 DISCOVERY NOTES - -- NEXT MOVE
THE PETITIONER MOVES FOR DISCOVERY- EXECTIVE ORDERT ACTION IS
FACLITATATION OF HOSTILE POSSESION AND FRUADULENT
CONCEALMENT AND OBSTRUCTION
a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual
manner its impartial task of adjudging cases that are presented for adjudication." Keys v. Dunbar, 405
F.2d 955 (9th Cir. 1969), cert. denied 396 U.S. 880, 90 S.Ct. 158, 24 L.Ed.2d 138 (1969
A cause of action for fraud accrues when the fraud could have been
discovered with reasonable diligence. Waite v. Adler, 716 P.2d 5249
527 (Kan. 1986).
Great Plains could have discovered the alleged fraud
See United States v.
Eagleboy, 200 F.3d 1137, 1140 (8th Cir. 1999) (a court may take judicial notice of
agency documents). Because Great Plains had constructive notice of the alleged
fraud
in 1999 and did not file this suit until 2006, Great Plains's fraud
"THE PETITIONER FILED SUSPICIOUS ACT THAT WOULD HAVE
FOUND BY RAISING THE LEVEL OF AWARENESS IN THE
RICHMNOND APPEALS (EN BANC COURT FILING 2010) BY
DOCUMENTATION WITH POINTS AND AUTHORITY BY SUBMITTING
TO GENERAL NOTICE -- -CIVIL RULE OF EVIDENCE TO ATTEST TO
FACT AND STARTS A TRACEABLE COURSE OF A ORCHESTRATED
SCHEME" Article II section 4 the contempt is purging the ambiguities and reject frivolous
presumptions in the lower courts; Kassel v Leavitt No. 23557(Supr. Ct. West Virginia).
Bailey v Glover,14 in which
the Court held that a fraud claim brought
under a bankruptcy statute did not begin
to accrue until the claim was discovered
or should have been discovered through
due diligence, the SEC asserts that fraud
claims generally have been held to accrue
pursuant to a discovery rule.
SEC v. Koenia.15 In Koenig, the defendant
argued that the SEC's demand for civil penalties
was untimely because the violations
occurred more than five years before the
SEC commenced the action. The district
court disagreed, concluding that federal
statute of limitations do not begin to run
until the claim had been discovered.
ART /CLE H SECT /ON 4---- -THERE IS EXTRA ORD /NARY
CIRCUMSTASNCEAND SUSPICIOUS OR OVERACTS THAT IS ON
GOING A T THIS PRESENSENT "644 F. 2d 1274"
John LUTTRELL, Plaintiff -Appellant.
V.
UN /TED STATES ofAmerica et a/., 644 F.2d 9274 United States Court of
Aaivea /s,
N /nth Circuit.
Argued and Submitted Oct. 96, 9980.
Decided Dec. 4, 9980.
Oklahoma Press Pub. Co. v. Walling, 327 U. S. 186, does not seem to me to be relevant. It dealt with the
usual investigative powers of administrative agencies, and, as the Court said in that case, Congress set
no standards for administrative action which the judiciary first had to weigh and appraise.
In re Brooklyn Pawnbrokers, 39 F.Supp. 304 (1941); Martin v. Chandis Securities Co., 128 F.2d
731 (C.A.9th Cir. 1942). These cases represent neither a settled judicial construction, see In re
Keegan, 18 F.Supp. 746 (1937), nor one which we should be justified in presuming Congress, by
its silence, impliedly approved. Compare Shapiro v. United States, 335 U. S. 1.
See generally Charles Alan Wright et al., Federal Practice and Procedure § 2870 (2d ed.
1995). There is no statute of limitations for bringing a fraud upon the court claim. Hazel - Atlas,
322 U.S. at 244. As a circuit court has explained, "a decision produced by fraud on the court is
not in essence a decision at all and never becomes final." Kenner v. Comm'r of Internal
Revenue, 387 F.2d 689, 691 (7th Cir. 1968).
See 2300 Elm Hill Pike, Inc. v. Orlando Residence, Ltd.,
168 F.3d 490, 1998 WL 808217, at *2 n.l (6th Cir. 1998) (unpublished) ( "Note that the issue of
fraud on the court is a separate issue from an independent action in equity. The issues are
frequently confused by the courts. ").
Interpretational difficulties abound with respect to certain provisions of the Sarbanes-
Oxley Act
of 2002 ( "Act ") Pub L. No. 107 -204, 116 Stat. 745. The interpretation of Section 804 of the
Act, 28
U.S.C. & 1658, has spawned a considerable amount of litigation in federal district courts.
Section 804,
entitled "Statute of Limitations for Securities Fraud," lengthens the limitations period for
certain private
securities actions from one year after discovery of the facts constituting the violation to two
years, and
from three years after the violation to five years, whichever occurs first. See id. Federal
district courts
have addressed whether Section 804, subsection (b), which states that the limitations period
"shall apply
to all proceedings addressed by [Section 8041 that are commenced on or after the date of
enactment of
[the Act],"
Determining Whether a Federal Statute Should be Applied Retroactively. An analysis
applying the U.S. Supreme Court's "firm rule of retroactivity," articulated in Landgraf v. USI
Film
Products. 511 U.S. 244, 279 (1994),
terms like "revived" or "retroactive," which indicates
that higher courts are not likely to conclude that the absence of such terms in Section 804(b)
precludes a
finding that Congress has expressly prescribed Section 804's proper reach. Further, the SEC cites
language deemed by the Supreme Court in Landgraf to evidence intent that a federal statute is to
be
applied retroactively; but for the word "pending," that language is similar to the language of
Section
804(b). See SEC Brief at 15 (quoting the Landgraf Court's suggestion that a statute containing
"shall
apply to all proceedings pending on or commenced after the date of enactment" would be applied
retroactively).
Section 804(b) is ambiguous in
light of the Supreme Court's pronouncement in Lindh v. Murphy. See L -3 Communications
Corp. v
Clevenger, 2004 U.S. Dist. LEXIS 17845, No. 03 -cv -3932, (E.D. Pa. Aug. 31, 2004). In Lindh,
the
Court stated that "cases where [itl has found truly `retroactive' effect adequately
authorized by a statute
have involved statutory language that was so clear that it could sustain only one
interpretation." 521
U.S. 320, 329 (1997). But the Court in Lindh, in reasoning that the statute at issue could not
be applied
retroactively, referred favorably to the statutory language that the Court in Landgraf
stated might
constitute language that indicates a clear retroactive effect, which is the same language that
the SEC
argues is similar in all material respects to the language of Section 804(b). See id. at 329.
Huzhes Aircraft Co. v. United States, ex rel. Schumer,
520 U.S. 939 (1997), for the proposition that it is impermissible to apply a statute retroactively
when
doing so would impact the substantive rights of a party. See, e.g., In re Worldcom, Inc. Sec.
Litiz , 2004
U.S. Dist. LEXIS 11696, at *21 -22. In Hughes, the Supreme Court cited with approval a
federal appeals
court decision that held that a statute which lengthened a statute of limitations did not revive
previously
expired claims because, among other things, a party's substantive rights would have been
adversely
affected if claims could be revived. See Hughes, 520 U.S. at 950. Applying the rule set forth in
Landgraf, the courts have relied on Hughes to reason that applying Section 804 retroactively
to revive
time - barred private securities actions would impair defendants' rights.
Accordingly, a cause of action accrues where damages are
capable of ascertainment. "[D]amages are'sustained and capable of ascertainment'
when the fact of damage can be discovered or made known." Jordan v. Willens,
937
S.W.2d 291, 294 (Mo. Ct. App. 1996) (emphasis omitted). Specifically in a
breachof-
contract suit, the cause of action "accrues upon a defendant's failure to do the thing
at the time and in the manner contracted." Davis v. Laclede Gas Co., 603 S.W.2d
554,
555 (Mo. 1980) (en banc) (citation and quotations omitted).
it appears that for failure -to pay
cases, the cause of action accrues where payment was to be made. See Great
Rivers
Coop. of Se. Iowa v. Farmland Indus., Inc., 934 F. Supp. 302, 305 (S.D. Iowa
1996)
(applying Missouri law and stating that Missouri case law "would suggest that a
breach of promise claim originates where the performance should have taken
place,
but did not'), affd, 120 F.3d 893 (8th Cir. 1997); Hailey v. Yellow Freight Sys.,
Inc.,
599 F. Supp. 1332, 1336 (W.D. Mo. 1984) ( "[
Nat'l
Heritage Life Ins. Co. v. Frame, 41 S.W.3d 544, 553 (Mo. Ct. App. 2001)
holdin
that a cause of action originated in Texas where the defendants were required
to pay
the plaintiff and the plaintiff was located in Texas).
SUPREME COURT of the UNITED STATES
TONY BARRING
Petitioner /Pro Se,
u
DEPARTMENT of the US TREASURY
TIMOTHY GEITHNER
BARACK OBAMA
Respondents,
No. 11 -8563
Writ of Certiorari
In Forma Pauperis
on Direct Appeal
Fourth Circuit of Appeals
No. 11- 1713
MOTION TO COMPEL — CIVIL CONTEMPT
The Honorable Supreme Court of the United States docketed Writ of Certiorari and Motion for
Civil Contempt on January 31, 2012; by Federal Rules of Civil Procedure Rule 42(b). This is an
amendment to support and legally adjoin Motion to Compel by Federal Rules of Civil Procedure
Rule 37 submitted on February 21, 2012 to this court. This is an amended independent and
separate action that is forming a conjunctive running objective pursuant against the Respondents
in egregious matters before this court.
COMES NOW, the Petitioner is this action is acting on his own behalf and moves the
Honorable Supreme Court of the United States. Article II section 4 is the constitutional balance
for this action pursuant by Federal Civil Rules of Procedure Rule 37; this Motion to Compel is
sustaining the Writ of Certiorari and Motion for Civil Contempt. Rule 37(b) (2), contempt
1 of 13
sanctions may be sought by either the court or a party; it is appropriate under the circumstances.
The Petitioner is pursuant in this action to amend the previous on the merits and dynamics. The
Petitioner makes the efforts in this suit the grounds to sustain the contempt, the inquiry in the
sustainment of contempt in the first impression should insist to overcome and purge popular
unconstitutional hostility that effectuate to dangerous things or pecuniary harm. The Petitioner
attempts to magnify the hostility and remove the unconstitutional ruling in the initial review in
the lower courts. C.F. v Capistrano USD, No. 09 -55690 D.C. 8:07 -cv -01434 JVS -AN (9th Cir
2011) this is a government financial administrative matter that has the infections of actual malice
that is direct adverse effectuation to the Petitioner. The Petitioner is requesting the court to
sustain the lawsuit against the Respondents. Rinaldi v United States, 434 U.S. 22 (1922). United
States v Gonzalez, 58 F.3d 459 (9th Cir. 1995). United States v Welborn, 849 F. 2d 980 (5th Cir.
1988). The petition of this motion is amending the previous motion in the court. This is a
financial matter of estate of estate, monetary accounts and constitutional torts. The amended
motion is efforts to deduce the controversy of aggravated government affairs; the Petitioner has
established facts to substantiate prima facie. Clinton v Jones, 520 U.S. 681 (1997). The
Respondents conduct, executive order and executive administrative action is proximate cause or
effectuate to "dangerous things" that causing a financial predicament due to wrongful undue
purposeful discriminations. In Re Clinton, the Petitioner has credibility to attest to the conduct
effectuations and attest to the overacts that manifest numerous indicators of "suspicious to
fraud ". 46 Appendix 322 thee is activities or the action of the Respondent is clear malfeasance,
the motion is contempt and motion to compel is legal acceleration to abort a common scheme,
deter the overacts that hinder and delay; in the hopes that dramatic events would be result to the
Petitioner due to the Respondents conspiring political vigilance. Habersham v Welch, 705 F. 2d
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472 (D.C. 1983). Ryan v Eli Lilly & Co. 314 F. Supp. 1004, 1012 (D.S.C. 1981). The motion for
contempt is an emergency action United States Supreme Court Rule: Rule 21.4. United States v
Cox, 342 F. 2d 167 (5th Cir. 1965) Horn v Huddle, CA -1756 (D.C. Dist. 2009). The action
request and warrants "removing the fraud" by reopening the entire complaint with the
accompanying Writ of Certiorari; the action averts the natural consequences initiated by the
Respondents that is financial oppression in the concealment. The executive order has natural
consequence with complicated political malice and political discriminations that has raised
controversy. Cooper v Aaron, 358 U.S. 1 (1958). The Respondents attempt to frustrate the
administration of justice and hopes for natural spoliation spawn from a political opposition
design in a financial matter that should not have interference of an egregious executive order
that hamper disbursement to the Petitioner. Anchorbank v Hofer, (7th Cir. 2011) is the force to
overrule the lower courts order and immediate refute of the action by the Respondents that
predispose a financial loss and pecuniary harm due to the corruptor's scheme.
PURGING CONDITIONS
Article I1 section 4 this contempt has jurisdiction in this court in the "right to know" where there
is a question "culpability intent ", the Respondents will not adhere to 18 USC 1001. United States
v Nixon, 418 U.S. 683 (1974) the lawsuit must be protected against spoliation, the suit
complicated outstanding torts as it sets presented before the court. The Respondents state of
mind is sufficient grounds in financial documentations managements and conduct in the acts pre
and post transaction that is affecting Petitioner or affecting the assets directly. The Respondents
is liable to purge from contempt as sanction from this court. Glover v. Costco Wholesale Corp.,
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153 Fed. App. 774, 2005 U.S. App. Lexis 23943, CA. 2. Coleman Holdings, Inc. v Morgan
Stanley & Co., Inc. , 2005 W.L. 679071, (Fla. Cir. Ct., March 1, 2005). Zubulake v UBS
Warburg, LLC, 229 FRD 422, 2004 U.S. Dist. Lexis 13574 (S.D.N.Y., 2004). The Petitioner has
the right to avoid a financial loss; 31 USC 3733 is the civil litigants and pro se statutory powers
for legal acceleration in this action.
II
This motion and action is necessary; the court does not first have view, hear or see anything
from Respondents. The Respondent must answer the money is deposited and make arrangements
for the Petitioner to gain access to accounts set aside by the US Treasury. The Petitioner has right
to requested the all documentations and relevant information with an attached coinciding
summons or the Respondents need to immediately purge for themselves and immediately
turnover all the requested financial matter before the legal acceleration is accrued against the
Respondents. The matter requires immediate implementation for a contempt due to the fact that
Respondents present a irreparable danger to Petitioner in a financial dispute. The contempt is
proper and necessary due to the fact the matter has special and unusual circumstances; the matter
has effectuating invisibility that will defraud the Petitioner. Lahoud v Tri- Monex, No. 96118
(Ohio Sup. Ct. 2011).
III
The motions and complaint has legal sufficiency, matters are pointed out to the in the standards
of review in the submission to the court January 21, 2012 that is attached to this motion.
46 Appendix 322 the Respondents wrongful administrative actions cause dangerous things and
cause a financial hardship with severe reckless indifference. The Respondents are exceeding the
constitution; this action is assistance to assure constitutional adequacy. This amended motion
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action moving forward through the unconstitutional administrative obstacle that is causing a
predicament and facilitate deprivations. The motion is amending motion is requested to be
reviewed in conjunction on the merits presented in the issue. The Petitioner attempts to avoid a
maljustice and expedite the suit for settlement. The Pro Se as petitioner is victim and is suffers
from Respondents calculated duress that is unconstitutional. Imprisoned Citizens Union v
Milton Shann, 70 -3054, 70- 2545, 71 -513 (East. Dist. Penn. 1998). The Respondents executive
order labor against the constitution, the executive order labor against the constitutional
viewpoints of this courts. The contempt is not offending the Respondents rights, the submissions
matter before this court prays for the consideration in first impression. The Respondents have
been served with enough illicit facts with proper clear description details in the request to
dissolve the issue. The motions is judicial refute of the Respondents conduct and narrow issues
on the proper grounds that facilitate an unreasonable freeze. The Respondents negate the proper
norms of financial management in applying the correct fiduciary assertion in their official
capacities. The matter at this stage formulizing as constructive fraud and is blatant misconduct
that adversely affect the Petitioner. McLune v McLune. 5D10 -4160 (5th Cir. Fla. 2012). In Re:
THE ORDER CONTEMPT AGAINST CRAIG BENSON, Marinville Depot. Inc and SBS
Enterprise v Co- Alliance. LLP No. 55A04- 1010 -cc -646 (Ind. Ct. App. 2011). Through this
action the motion be amended and the contempt be sustained in the support of the entire suit.
5 USC 702,.The pro se as Petitioner rely on the administrative statue to sustain and deduce or
reopen the entire with a full federal investigation; the issue requires further exhaustion in the
examination of institution in conduct and discriminations is causing hardship or is causing
deprivations. The request of this court is for the motion be amended a go forward in pursuit
against an egregious suit where the materiality of issue is "suspicious of fraud ".
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IV
The motion to compel to support contempt is warming to disturb the Respondents into
compliance. The Petitioner has the right to protect, recover and gain financial asset by reasonable
diligence. The motion for contempt is proactive support for inquiry; the Petitioner is raising the
court awareness that would make way actions possible by "inquiry notice" or review. The
Petitioner is compelling on the know facts that magnify to the court "storm warnings" of possible
fraud. The executive order is an obvious willful non - compliance and would frustrate the judicial
mechanics as well as obscure the issue in controversy. The contempt is proper to be severed as
need for further proceedings. Pocono Int'1 Raceway v Pocono Produce, Inc., 503 Pa. 80, 84,
468 471 (1983)Bohus v Bell, 950 F. 2d 919, 924(3`d Cir. 199 1) Ciccarellli v Gichner System
Group, Inc., 862 F. Supp. 1293, 1301 (M.D. Pa 1994). The Petitioner motion for contempt is
legal adjustment for a general attack that pierce a corrupt or invisible fraud issue that is
disguisable in government secrecy. The Motion of contempt should not void or quashed, the
motion for contempt prays and conveys to this court to overrule the prejudice order or rulings in
the lower courts. The Motion of Contempt is piercing with federal force strong enough prima
facie and grounds to overrule the interlocutory resistance issue in the en banc review. The suit is
egregious at this point. The contempt is a reasonable effort or action to move thorough the
invisibilities and compounding aggravating factors; that impede the financial transaction in
matters of estates assets. The issue needs action to speak the truths that moves the matter into just
position in the eyes of the court ex dolo non oritur actio. In Re Bohus. 950 F. 2d at 925 the
motion for compel and motion for contempt has enough specific issue in the element to purse by
18 USC 912 USAM 948.
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U
The entire suit is a narrative presentation of the fact submitted on binding precedent grounds .
The Petitioner in this action prays and submits in considerations of the review as first impression.
The lower courts orders are erroneous and flawed; the matter requires further exhaustion and
given the presented materiality there is not constitutional adequacy. The "reasonable basis" of
court with presented circumstances this court will discover; and the lower would have discovered
pertinent facts indicative of fraud. The contempt technique is proper first step to in judicially
solving the matter in just and safe disposition. The integrities and conscience of the court should
agree with,[ O'Connor v O'Connell, 253 F. 2d 365, 37 (1St Cir. 1958)DeMaster vArend, 313 F.
2d 79, 90 (3`d Or.)]. The Petitioner provide sufficient grounds and raises the suspicion above the
speculative level to allow the contempt to stand in pursuit of a proper disposition. The Petitioner
and enough people knowing or available that have knowledge of the situation the Respondents
should not be afforded the luxuries of unlawful concealment and unlawful retention of the
estate's assets and adjoining accounts. 5 USC 551 affords the litigation process the break
through the concealment, address the construction, and cease the evasion. The pro se in the
manners to apply and request order by motion for contempt is guarding against the erosion and
deterioration of the suit. The contempt is applicable rising from the acts and effectuations
known. Article II section 4 the contempt is purging the ambiguities and reject frivolous
presumptions in the lower courts; Kassel v Leavitt, No. 23557(Supr. Ct. West Virginia). The
motion for contempt should move the court in due process before this honorable court, the
Petitions prove a course that conspire and interfere with a transaction. There are liabilities are
present; the Respondents orchestrated between themselves first to carry out a fraudulent scheme.
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VI
The contempt shifts burdens of the inquiry immediately on the Respondents to purge. The
contempt motion is legal conveyance in the earliest possible and minimal sanctions to arrive at
just disposition. United States v Bright, Nos 07- 17027, D.C. No. cv -00311 (91h Cir. 2010). The
contempt moves this honorable to use powers to prescribe in pursuit against the Respondents to
attain the requested documentations. Whittake Corp. v Execuair Cori., 953 F. 2 510, 517 (9th
Cir. 1992)Richmark Corp. v Timber Falling Consultants, 959 F. 2d 1468, 1473 (91h Cir. 1992).
The Petitioner contends to this court this motion is the proper request to commence the action in
contempt proactively to reduce the need for long drawn litigation. The Petitioner has and will
establish more prima facie that is reasoning for the legal acceleration in 18 USC 402. This issue
is well -pled in this financial dispute that warrants emergency action. The Respondents executive
orders and executive action is oppressive. Young v United States ex. rel Vuitton et fils S.A. 481
U.S. 787 (1987) Brandt v Gooding PA, Nos. 09 -7907, 09 -7909 (4th Cir. 2011). The court must
coerce the Respondents from the acts that violate 18 USC 645. Udell v Atherton, 158 Eng. Rep.
437 (Ex 1861). Schneider v Heath, 3 Campb. 506 (1813). There is fraud, deceit and concealment
in which the materiality is compounded by political vigilance in wrongful use of government
agencies to impede the transaction. The political vigilance is directed at the Petitioner empower a
unconstitutional freeze of the estates assets and set accounts belonging to the Petitioner. 37CJS
(1968)_37Am. Jur 2d Fraud and Deceit 145 (1968): The contempt and petition is capable to
purge the estates property, the securities holding, monetary accounts set aside and all the
pertinent documentations or files concerning; estate of Washington, George: Mt. Vernon,
Virginia transferred into the civil keeping possession of lineal descendant as the legal beneficiary
and is Petitioner as pursuant against the Respondents representatives of the US Treasury. The
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Respondents display hostile possession by the implications of executive orders that is the attempt
to bring about illicit impressments and the executive order make way for a scheme in the futures
of wrongful conversion. Huddleston v United States, 485 U.S. 681 (6th Cir. 1988) the
Respondents exhibit hostile possession is the initiator of scheme. United States v Mankarious,
151 F. 3d 694, 705 (7th Cir. 1998). The property, accounts and estate should be free of any
species of duress. The executive is criminal deprivations, the overacts can affirm the matter in
the open court. The money in the accounts does not have to move or does not incurred any
electronic or physical activity nor movement. The Respondents retain the possession with
"severe reckless" activity and dereliction of their fiduciary duty to complete a transfer to the
proper and rightful owner or beneficiary. Jones v Jones, 234 U.S. 615 (1941). Bourgois v
Montana- Dakota Utilities Co., 466 N.W. 2d 813, 819 (N.D. 1991). The Petitioner attempts
legally acceleration through the wrong and purposeful discriminations. The contempt remove
contamination and obstruction in the suit processes; and contempt is proper legal application for
the abilities of disbursements and for the transfer to take place.
VII
The Petitioner moves the court in this supporting motion to compel to consider all the
circumstances in the request to amend and sustain the motion for contempt. The motion is
supporting to clarify matters for the assertion to be legally effective against Respondents. This
amended motion is a necessary submission to affirm the situation. United States Supreme Court
Rule 18.6. The contempt has ingredients that would allow the Petitioner to enter the motions in
due process. United States Supreme Court Rule 21.4 the motions is emergency action submitted
on reasonable basis. United States Supreme Court Rule 17.3. The motion makes appropriate
legal effort to awaken inquiry to overcome the administrative obstacle that causes financial loss
and threatens as pecuniary harm. Bohus v Bellhoff, 950 F. 2d at 925 is support of the original
9of13
petition for Writ of Certiorari to overturn an egregious suit. Ciccarralli v Gichner Systems
Group., 862 F. Supp. 1293, 1301 (M.D. Pa 1994)Horn v Huddle, CA 94 -1756 (D.C. Dist. 2009)
Corbell v Norton, 96 -1285 F.Supp. 2d 24, 27 (RCL) (D.D.C. 2001). 28 USC 636 is the
compelling statue in support of an inquiry spawn by the requested motion. The motion for
contempt is pains it takes to remedy and deduce the argumentation. The contempt is judicially
economic in complex issue. The Petitioner relies on the court powers to prescribe.
VIII
Supreme Court of United States Rule 21.2 this is an emergency. The inquiry is compelled in the
"storms of possible" fraud. Article II section 4 the action is pursuing against the Respondents
considering the merits it requires this court to override the en bane review. Article II section 4
the motion is improving the language and should improve the interest of the court at this stage of
the suit. This stage of the suit requires more administrative judgment where it is obvious in
presentation there is misconduct and breach of duty that offend the financial controls of the US
Treasury and Banking Statues. Article II section 4 The Respondents fail to comply with
allegations; the allegations of the Respondents conduct can upheld with presented facts.
Newsome v Treasury, 2009 -3019 (Federal Circuit). The Respondents omission in their conduct
and omission result in fraud, due to illicit shielding of an erroneous and unconstitutional
executive order that is actual construction that would result in financial loss. In re Newsome is
the administrative accuracy to force the inquiry and is a federal guideline of conduct in matters
that concern the US Treasury. In re Newsome is sufficient grounds before this court that the
matter in the en bane was overlooked and proves to this court the suit is egregious, raise solid
serious questions and solidifies the executive order is an intentional obstruction prohibited by the
Bill ofAttainder Clause that can and should be question in this court. In re Newsome is an
l0of 13
accurate point of authority to address the Department of Justice conduct in this situation that is
sustaining running objection to Attorney General reluctance to be consistent in government
ethics that overlook misconduct and overlook acts gross outside the confines conflict of interest
law and government ethics. The contempt is deducing the non - frivolous issue and deduces the
controversy. In re Newsome is very accurate jurisprudence and solid guide post. Newsome
shows this court the Petitioner is reasonable and supports the fact that the situation exceeds
constitutionality. In re Newsome motion is proper legal acceleration and judicial start point
against the Respondents to purge from contempt into compliance.
WHEREFORE, I, TONY CURTIS BARRINO, on behalf of myself as pro se is pursuant in this
amended Motion to Compel by Federal Civil Rules of Procedure Rule 37 against the named
Respondents. The Petitioner requests this motion to be granted in the Honorable Supreme Court
of the United States in the statutory allowance on the above mentioned grounds and reason by 18
USC 402. This is requested to be granted to support the motion attached and the previous
requested Motion for Contempt submitted in the Honorable Supreme Court of the United
States in Federal Civil Rules of Procedure Rule 42(b); the motions legally function together
in contempt action against Respondents.
Date: February 28th, 2012
Respectfully Submitted,
Ilof 13
Tony Curtis Barrio
Petitioner/ Pro Se
226 N. Long St.
Salisbury, NC 28144
(704)637 -9355
AFFIDAVIT OF SERVICE
I, Tony Curtis Barring, having been first duly sworn and state that; I have served a copy the
attached Notice of Motion and this Motion to Compel on the Respondents; named on the cover
page. The Solicitor General was served by mail at 950 Pennsylvania Ave. N.W., Washington,
DC 20503 on February 28th, 2012.
Tony Barrino
Petitioner /Pro Se
226 N. Long St.
Salisbury, NC 28144
Signed and sworn before me on this day of February 2012.
My Commission expires on
Notary Public
[Seal]
12of 13
NOTICE OF MOTION
To:
Solicitor General of United States
Attn: for Barack Obama
Timothy Geithner
950 Pennsylvania Ave., NW
Washington, DC 20530
PLEASE TAKE NOTICE, on that February 28th, 2012; as soon as counsel can be heard
beforethe Honorable Supreme Court of the United States. The Petitioner is requesting action in
Federal Court by FRCP Rule 37. The following motions are attached and has been amended,
the Respondents need to comply immediately.
Date: February 28th, 2012
13of 13
Tony Curtis Barrino
Petitioner/ Pro Se
226 N. Long St.
Salisbury, NC 28144
(704)637 -9355
Marian Karr
From: Baldridge, Thomas H <thomas- baldridge @uiowa.edu>
Sent: Monday, March 05, 2012 1:34 PM
To: Council
Subject: Predatory leanding
Dear Council Members -- Outlawing predatory (payday) Ions is well past due to be inacted @ all levels of
government. P;ease pass this as quickly as possible.
Tom Baldridge
Marian Karr
From:
delholland @aol.com
Sent:
Monday, March 05, 2012 12:40 PM
To:
Council
Subject:
Pay Day loan operations
Councilors,
Since the state legislature seems immobilized, I write to encourage you to do what you can to restrict these predatory
payday lenders who both trap unwary borrows in a debt cycle and do not pay their share of taxes in Iowa.
Thank you,
Del Holland
Marian Karr
From: Mark Plum <melvin9609 @yahoo.com>
Sent: Monday, March 05, 2012 12:59 PM
To: Council
Subject: payday lending
I am in favor of strong limits on the payday lending industry. Please take affirmative action ASAP H
Mark Plum
838 Dover Street
Some people can give thousands of reasons why they cannot succeed at something when all they need is one
reason why they can succeed.
_C�( 'z3
Marian Karr
From:
Fales, Evan <evan- fales @uiowa.edu>
Sent:
Monday, March 05, 2012 12:01 PM
To:
Council
Cc:
david @iowacci.org
Subject:
predatory lenders
Dear City Council,
understand you will be discussing tomorrow an ordinance to regulate pay -day lending schemes. I strongly
support such legislation. These lenders prey upon the very poorest and often least financially sophisticated
members of our community. Please clamp down on them.
Sincerely,
Evan Fales
1215 Oakcrest St.
Iowa City, IA 52246
3 )
Marian Karr
From:
Misty Rebik <m istyrebik@g mail. com>
Sent:
Monday, March 05, 2012 12:06 PM
To:
Council
Subject:
I Support local crack -down on Payday lenders
Dear City Council,
I am a resident of Iowa City and I may not be able to be at the City Council meeting tomorrow night, however,
it is very important to me that you continue working on passing a city ordinance to crack down on
payday lenders.
It is YOUR responsibility as leaders in this community to fight back against usury that takes most advantage of
the most vulnerable people in our community. We know that payday lenders:
• charge 400% interest, trapping borrowers in a cycle of debt,
• don't pay their fair share of taxes to the state of Iowa,
• drain $36 million of hard - earned wealth from our communities every year, and
• contribute to neighborhood blight.
I fully support and expect my city council to pass a local ordinance to crack down on payday lenders
in our community, and to support ALL community members by making things for difficult for
businesses who exploit our hard - working neighbors.
Misty Rebik
1033 S. 7th Ave.
Iowa City, Iowa 52240
Marian Karr
From:
Maria Houser Conzemius <mconzemius @gmail.com>
Sent:
Monday, March 05, 2012 12:10 PM
To:
Council
Subject:
Restrict predatory lenders in Iowa City
To Mayor Matt Hayek and Iowa City Council Members:
Please restrict predatory lenders operating in Iowa City. No one should be charged excessive rates of interest on
an emergency loan. That makes the chances for being able to pay the loan back difficult and in some cases,
remote. I know that's how predatory lenders justify obscenely high rates of interest, but 400 % ??
I will watch the city council meeting to see what you do and will vote accordingly.
Sincerely,
Maria Houser Conzemius
2833 Sterling Dr.
Iowa City, IA 52240 -3046
Marian Karr
From: cantaria69 <cantaria69@g mail. com>
Sent: Monday, March 05, 2012 12:32 PM
To: Council
Subject: Restrict payday lenders
Dear Iowa City Council:
I am writing to urge you to follow the lead of the Des Moines City Council and move forward with passing an ordinance
to restrict the proliferation of payday lenders in Iowa City. The average annual percentage rate of payday loans is 400 %.
These usurious lenders are designed to keep people locked into a cycle of debt and poverty.
Payday lenders don't pay their fair share of taxes to the state of Iowa, drain $36 million of wealth from our communities
every year, and contribute to neighborhood blight. They truly are harmful to the health, safety and welfare of the
community. We need local government to crack down on payday lenders by passing a zoning ordinance to restrict their
proliferation.
Sincerely,
Jamie Kearney
4422 Driftwood Lane, Iowa City
Marian Karr
From: E FILLPOT <eliseandjay @msn.com>
Sent: Monday, March 05, 2012 11:38 AM
To: Council
Subject: Predatory Lending
Dear Iowa City City Council members,
I understand that you are considering taking action to limit predatory lending in Iowa City.
As a resident of Iowa City since August 2000, I wholeheartedly support this action!!
Please do away with predatory lenders in our geographic city limits.
Predatory lenders assault and destroy the type of community we want to create and sustain.
Thank you,
Elise
Elise Fillpot
1111 Downey Drive
Iowa City, IA 52240
319 - 430 -3953
73 -:(� 5
Marian Karr
From: jim walters <jcmwalt@i nfion line. net>
Sent: Tuesday, March 06, 2012 8:17 AM
To: Council
Subject: Restricting Payday Lending
Dear Councilors -
Sometimes, when I think about many of the incremental changes that have taken place in our state in my lifetime, I
think about how inattentive we've been to guarding our communities.
Industrialized agriculture - subsidized by our tax dollars and research from the land -grant colleges - resulted in the near -
demise of the family farm. The loss to our small towns is now everywhere evident, as is the condition of our water.
State subsidized gambling got its foot in the door with parimutuel betting and horse racing. Now the casinos call the
shots in Des Moines.
Our neglect of eduction, from K -12 through our Regents institutions, has taken us from an envied first in the nation
status, to today's arcane legislative proposals.
There is hope. I applaud the efforts of recent councils to get the genie of unlimited alcohol sales back in the bottle.
That's a tough fight and we've made a bit of progress. There's some index that relates urban crime /violence to the
number of liquor venues per square mile. I'd bet Jim Throgmorton knows it.
I think the same thing probably applies to so- called payday lending - an index of how a community starts to slip as the
number of loan shops and pawn shops increases. We've certainly seen an increase in their numbers in Iowa - and Iowa
City.
What surprised me in studying this issue is that the big banks are actually the real force behind payday lending -
providing the money to the "front" corporations that actually operate the shops.
The reason its called predatory lending is because that perfectly describes the practice - and the reason the big banks
hide their involvement.
I hope you'll take a very close look at how this practice contributes to the slow erosion of our what remains of our Iowa
quality of life.
And that you'll join other progressive communities in doing whatever is possible to restrict its spread.
Sincerely,
Jim Walters
319 - 466 -1134
Marian Karr
From: Doug Goodner <doug. good ner @g mail. com>
Sent: Tuesday, March 06, 2012 3:33 PM
To: Council
Subject: Payday Lending
City of Iowa City Council Members:
I encourage you to restrict the number of payday lending businesses in
Iowa City, and to cap the interest rate they can charge for short term
loans.
Sincerely,
Doug Goodner, 1111 St. Clements Aly, Iowa City IA 52245 -6111;
phone: 319 - 338 -9687
21
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
February 23, 2012
Mayor Matt Hayek
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the February 22, 2012 meeting, the PCRB voted in open session to request a 45 -day
extension regarding the reporting deadline for the Public Report according to the City Code for
PCRB Complaint #11 -03 for the following reasons:
• Due to timelines, and scheduling
• Public Report presently due March 12, 2012
45 -day Extension request — Report would be due on April 26, 2012
The Board appreciates your prompt consideration of this matter.
Sincerely,
�►��� Inc, -�
Donald King, Chair
Police Citizens Review Board
cc: City Attorney