HomeMy WebLinkAbout2006-07-18 Public hearing
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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.
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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
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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