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HomeMy WebLinkAbout2006-07-18 Public hearing s-~ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 18th day of July, 2006, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council wiil consider: An ordinance conditionally rezoning 1.39- acres of land located at 1820 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2). Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 27th day of June, 2006, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance rezoning 6,750 square feet of property located at 619 Kirkwood / Avenue from Low Density Single-Family Residential (RS-5) zone to Commerciai Office (CO-1) zone. 2. An ordinance rezoning 10.38 acres of property located on S. Gilbert Street, south of Highway 6 and north of Southgate Avenue from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. 3. An ordinance rezoning 20.79 acres of property located on Lower West Branch Road, west of Taft Avenue from Interim / Development Single-Family Residential (ID-RS) zone to Low Density Single- Family Residential (RS-5) zone. 4. An ordinance amending Titie 14, Zoning Code, to clarify certain specific provisions within Articie 2B, Multi-Family Residential zones, Article 2C, Commercial zones, ~ Article 2D, Industrial and Research zones, Article 4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses, Article SA, Off Street Parking and Loading Standards, and Article 8A, General Definitions. 5. A resolution vacating a portion of Ruppert Road located within the Aviation Commerce Park North (a Re-Subdivision of North Airport Development and North Airport Development-Part Two). 6. An ordinance vacating Dane Road south of Highway 1. ./ 7. An ordinance vacating a portion of Old West Benton Street. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK s~ ~D 7/lg S-c ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 18th of July, 2006, at 7:00 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a resolution authorizing conveyance of former Benton Street right-of-way and Auditor's Parcel No 2006081 located to the north and east of 708 South Riverside Drive to Professional Muffler, Inc. Copies of the proposed resolution are on fiie for public examination in the office of the City Clerk, City Hall, 410 E. Washington Street, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM 5 Date: July 12, 2006 To: City Council From: Mitchel T. Behr, Assistant City Attorney Re: Disposition of former Benton Street right-of-way and Auditor's Parcel 2006081 to Professional Muffler Inc. Since the Council's last meeting, City Staff has communicated with Mr. Kemp on several occasions, both in person and by telephone, in an attempt to reach agreement on the terms and conditions of the conveyance. City Staff has made the following concessions to Mr. Kemp: 1. City Staff is no longer recommending that Professional Muffler's acquisition of property from the City be conditioned upon their responsibility for damage to a new building caused by its placement over the current sewer. Lining of the current sewer will reduce the City's risk of liability in this regard. 2. At the request of Mr. Kemp, City Staff recommends that the current sewer easement be left in place only until the sewer needs to be reconstructed or the City chooses to relocate it, at which time the sewer would be relocated outside the building site and the current easement would be released. 3. City Staff recommends that the City pay the actual cost of lining the portion of the sewer lying outside the Professional Muffler site, on public property, up to a maximum of $25,000. Staff had previously recommended that the $10,500 estimated cost of that work be offset against the compensation to be paid for the property acquired. However, Mr. Kemp continues to maintain that the City should dispose of the right-of-way without the payment of compensation. Contrary to Mr. Kemp's position, it is our opinion that the legal status of this right-of-way as a "consent road" is not a basis for treating it differently than other rights-of-way for which the City receives fair market value upon disposition. We recommend that you consider the implications of disposing of public right- of-way to private, adjacent landowners without compensation. Without a specified public purpose for disposing of a certain piece of right-of-way to a private entity without compensation, the City runs afoul of the law requiring adequate compensation for the disposition of public property. In addition, it could become difficult to distinguish between future dispositions for which the City will charge compensation and future dispositions for which the City will not charge compensation. City Staff's current recommendation regarding the conveyance is set forth in the Resolution in your Council packet. Based on the assessed value of Professional Muffler's adjacent property, Staff has estimated a value of $32,887.96 for the right-of-way portion of the property Professional Muffler seeks to acquire. cc: Steve Atkins, City Manager Marian Karr, City Clerk Eleanor Dilkes, City Attorney Sarah Holecek, First Assistant City Attorney Rick Fosse, Director of Public Works Karin Franklin, Director of Planning and Community Development Noah Kemp, Professional Muffler, 708 S Riverside Drive, Iowa City, IA 52246