OFFICE OF CITY ATTORNEY. June 28, 2007

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1 OFFICE OF CITY ATTORNEY June 28, 2007 MEMO: TO MAYOR AND CITY COUNCIL RE: PARKING LOT INJUNCTION FROM: CITY ATTORNEY On Monday, June 25, 2007, Rodney Drenkow brought an action in Bremer County District Court versus Family Video Movie Club, Inc. for a Temporary Injunction prohibiting Family Video from pouring concrete for their parking lot, driveway or dumpster enclosure until establishing compliance with the Waverly Zoning Ordinances. Mr. Drenkow posted a $7, bond and the Judge issued an injunction temporarily prohibiting Family Video from undertaking these improvements until a hearing on the subject can to be held on July 9, The City of Waverly is not a party to this suit. The City has no liability exposure in this matter, which is entirely between two private parties. A copy of the Application for Temporary Injunction, Affidavit in Support of the Application, and Order Granting Temporary Injunction and Setting Hearing are attached. I am informed today by Mr. Drenkow's attorney, the parties have settled this matter. GBCsm Respectfu V Gerald B. Came I I Gerald B. Carney (319) City of Waverly carneyglaw@aol.com nd Street N.E. P.O. Box 786 Waverly, Iowa 50677

2 IN THE IOWA DISTRICT COURT IN AND FOR BREMER COUNTY UPON THE PETITION OF COURT NO. VS. r. APPLICATION FOR TEMPORARY INJUNCTION CLUB, INC., Defendant. COMES NOW the Petitioner, Rodney D. Drenkow, and by way of application for injunction states: that the Petitioner believes the parking lot, driveways and dumpster enclosure in the R District in the Family Video Movie Club, Inc. (Hereinafter, Family Video) site plan are in violation of the City of Waverly R-3 zoning ordinances. No petition for the same relief, or part thereof, has been previously presented to and refused by any court or justice. Wherefore, the Petitioner asks that a temporary injunction with cash bond of $7, issue immediately prohibiting the Respondent from pouring cement for the parking lot, driveway or dumpster enclosure in the R District for the Family Video store in Waverly, Iowa until the site plan is in accordance with Waverly Zoning Ordinances. GALLAGHER, LANGLAS & GALLAGHER By S'21.A--4 C Emily i LY. Can, Attorney At Law 405 East 5 th Street PO Box 2615 Waterloo, IA Attorneys for Petitioner

3 COO'd %.96 9C'9 CU ETC LZ:VT LOOZ-U-N1112 IN THE IOWA DISTRICT COURT IN AND BREMER COUNTY UPON THE PETITION OF COURT NO. VS. AFFIDAVIT CLUB, INC., Defendant. COMES NOW your Affiant here undersigned is hereby deposed and states the following to be true: 1. That I am the Petitioner in case number V(...Vc4i3, an action to halt the pouring of cement or further construction of the parking lot, driveway and dumpster enclosure in the R District involving the Respondent, Family Video Movie Club, Inc. (Hereinafter, Family Video). 2. That the Respondent, Family Video, has dug the ground, staked the measurements and laid the sand to base the cement for the parking lot, driveways and dumpster enclosure for the store to be constructed in the Waverly, Iowa R-3 residential district. 3. That the Family Video Movie site plan includes a notation for a cement slab for a dumpster enclosure on the Front Yard of the R-3 zoned district, violating Waverly zoning ordinance Section providing that front and side yards shall be used for fences, walks or landscaping only. 4. That the site plan does not meet the minimum set-back requirements specified by Waverly zoning ordinance , providing the Yard Frontage for "other permit uses" within R-3 districts is to be 30 feet and Side Yard width is to be 10% the lot width. 5. That site plan includes a notation for driveways on the Front Yard of the R-3 zoned district, violating Waverly zoning ordinance Section providing that front and side yards shall be used for fences, walks, or landscaping only. Section is intended to buffer the residential neighborhood from commercial businesses and supersedes all other zoning ordinances o-1 r".-1 "-Tr.,.171.JPH-1-1Hn:Mn?-1-1 )2122.-pp-Nnr

4 T700'd %L6 96T79 CeZ 6T6 83:T/T L Iinf pertaining to commercial driveways. 6. The Plaintiff is entitled to the relief of restraining the pouring of cement for the parking lot, driveway and dumpster enclosure located on the R District which would irreparably injure but not the pouring of cement or construction of the building on the commercially zoned property. FURTHER, your Affiant sayet STATE OF IOWA COUNTY OF BREMER ) ss. 1, Rodney Drenkow, being first duly sworn on oath, depose and state that I am the Plaintiff making the foregoing Affidavit; that I have read the same and know the contents thereof; and that the statements and allegations therein contained are true and c rrec as I etily b eve. Ro ey D. D nkow Subscribed and sworn to before me thilay of June, 200,.e.-L et, JOYCE GARNER Commteze:m Number My C'T "ssion

5 IN THE IOWA DISTRICT COURT IN AND FOR BREMER COLTI1TY- V. CLUB, INC. Defendant, CASE NO JUN 25 BREMER COM ORDER GRANTING PLAINTIFF'S APPLICATION FOR TEMPORARY INJUNCTION AND SETTING HEARING This matter comes before the Court upon application of the and affidavits filed therein. Based upon the representations made to the Court, the Court HEREBY ORDERS as follows: Defendant is to cease and desist the operation of any laying of cement for the parking lot, driveway or dumpster enclosure in the R District of the Family Video Movie Club, Inc. property in Waverly, Iowa until further Order of this Court. Nothing in this order precludes the pouring of cement or construction of any kind in the Commerical' ned District. Hearing on the application shall co before the Court on the g of 2007, at g ra.) 4 M for a eriod no to exceed one hour. Pending hearing on 9 day of P with $7, bond. 2007, this injunction shall issue SO ORDERED this day of June, Judge Bryan H. *nle, Second Judicial District