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Home My WebLink About1977-07-12 CorrespondenceMEARDON, SUEPPEL, DOWNER & HAYES WILLIAM L.MEAROON WILLIAM r.SUCPPCL LAWYERS ROB CRT H. 00 -HER 100 SOUTH LINN STRCCT JAMES P. NA.[5 IOWA CITY, IOWA 52240 , JAMES O. MCCARRAGHCR THOMAS J.CILEK MARK T. HAMCR THOMAS O.MOOAPT MARGARET T. LAINSCII January 20, 1977 Neat Berli:r City Manager City of Iowa City City Administration Building Iowa City, Iowa 52240 . Re: Hayek Property Acquisition Dear Mr, Berlin: SzIed;A„ LIG TELEPHONE OS0-0322 AREA COOL SIU You have appointed me as special City Attorney for the purpose of possible acquisition of the Hayek property located adjacent 'to the Brown Street playground. In this capacity, i have received the appli- cable correspondence from Mr. C. Peter Hayek and a copy of the Lease Agreement dated November 19, 1974 wherein the City has leased the property. It is my further understanding that the property has been used by the City for many years with the condition that it be mowed at City expense. An examination of the appraisals reveals that one appraiser, Mr. Means, has made a separate appraisal of the property subject to acquisition, while the other appraiser, Mr. Willits, has treated the property as part of a larger tract. It is not my intent to discuss the merits of this difference or indicate which appraiser is using the cor- rect approach to the problem, but rather to point out to you that the difference does exist. It is my opinion that both appraisals are fatally defective for another reason. The appraisers have both considered the value based upon its present zoning (R-2). In fact all of the "comparable" sales used had -the same or more restrictive zoning. It is apparent that the appraisers were not properly instructed on the law prior to the time that these appraisals were made and it is my opinion that neither ap- praisal has any value whatever in determining the fair market value of the property in question. 32Q3 , 0 .• Neal Berlin January 20, 1977 Page Two You are referred to the case of Business Ventures, Inc. v. Iowa City, Io-.va (October 15, 1975) 234 NW2d 376, holding that where the Sae entity is both the zoning and condemning authority, the zoning ordinance may be attacked collaterally in determining the highest and best use of the property and in that case the jury was permitted to con- sider the highest and best use of the property without regard to zoning. Under the facts submitted to me showing the use and desirability of this property in the past years as far as park purposes are concerned and considering the lease and other factors, I believe that the property should be appraised at its highest and best use for any purpose that would not be completely repugnant to the neighborhood. In this par- ticular area, there are commercial uses as well as multi -family apart- ment buildings. Accordingly, it is my opinion that you should either direct these two appraisers to change their approach to value pursuant to the above: law, or obtain another appraiser who would be given the proper legal instructions pertaining to the law prior to the time that the.appraisal is made. WLM/sc Ms. Marjorie S. Hayek 900 N. Dubuque Street Iowa City, Iowa 52240 Dear Ms. Hayek: March 30, 1977 As you probably �.ow, the continual flooding of Ralston Creek in Iowa City has been a big problem, to many residents and one that the City Council and City staff are anxious to solve. After many months of planning, investigation and .conferences with citizen groups, the City of Iowa City has decided to implement a Ralston Creek Improvements project in eight designated areas of the Ralston Creek Flood Plain. The projects will be funded through the U.S. Department of Housing and Urban Development, Community Development Block Grant program; and will be implemented by the City of Iowa City Department of Public Works. Johnson County Courthouse records show that your property at Brown and Lucas Street adjacent to Happy Hollow Park is included in one of the improvement areas along Ralston Creek. This is an official notice that the City of Iowa City would like to acquire approximately 56,800 square feet or 1.3039 acres on the east side of out lot 14 for a stormwater retention pond in the Ralston Creek Improvement project. Before the City makes an offer to purchase, your property will be re -appraised to verify a fair market value. In written form the appraiser will invite you or Your designated representative to accompany him when he inspects your property. Within 90 days of the date of this letter, the City will make an offer to you (in writing) to purchase your property. Please carefully review the enclosed handbook titled "When the City of Iowa City Acquires Your Property." It explains how we will proceed in purchasing your property, in addition to the rights you have available to you in dealing with the City of Iowa City. If you have any questions, please call Susan Sheets at the Civic Center, phone 354-1800, ext. 314. If you want to retain any fixtures, shn;bbery, or other improvements on your property, you should contact Ms. Sheets as soon as possible in order that the transaction can be considered by the review appraiser. Sincerely, Ri. ri Plastino Dzf ctor of fvbli.c Works CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. RP/ssw IOWA CITY, IOWA 52240 cc: Peter Hayek 319-354-1800 Coiosz ,��- owu'�rui3af /�eieu ��utis OFFICERS 719 SAVINGS 6 LOAN BUILDING PNE•+IDENTT WALTER T. (BUD) POTTS. JR.. M.A.I.. s,R.C.A. SIXTH AND MULBERRY VlEerneSIOENTS! / I• f•'a•' DONALD L. JOHNSON. / l/ DES MOINES, IOWA 50309 JANES T. HAYES. JR. 1, 6EUET( ARCODE 513 2tl 3.0149 SUE C. P L U. U[ G. OTT9 !`( (f Of J Ms. Susan R. Sheets Redevelopment Specialist Civic Center 410 East Washington Street Iowa City, Iowa 52240 April G, 1977 Re: Marjorie B. Hayek Brown & Lucas Streets Iowa City, Iowa Dear Ms. Sheets: Pursuant to your request, I have on March 17, 1977, inspected and appraised the property located at Brown and Lucas Streets in Iowa City, Iowa. The purpose of this inspection was to estimate the market value of the fee simple interest in this property before and after the acquisition of 54,400 square feet of ?and for the expansion of Happy Hollow Park. Market Value is defined as: The highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale; the buyer and seller acting prudently, knowledge- ably and without undue stimulus". After carefully analyzing all of the data presented in this report, it is the appraiser's opinion that the market value estimates before and after the taking, as of March 17, 1977, are as follows: Market Value Before the Taking $92,000. 500. Market Value After the Taking $91,500 . Just Compensation This has been an interesting assignment and I would be pleased to answer any questions that you might have. Respectfully submitted, onald L. Johnson, C A I SRPA Vice President Iowa Appraisal & Research Corporation DLJ:ls OVe Ir-) - - -- -- �7MARY OF SALIENT DATA • Identi�t'on Subject site is located on the northwest corner of Brown and Lucas raise 1 is Legally Streets in Iowa City, Iowa. The property to be app described as: The East 160 feet of Outlot 14, Original Town of Iowa City and a 10' x 170' strip adjoining on the \Fest line fronting on Brown Street. The 10' x 170' strip is not to be acquired and this is a partial acquisition of a larger tract. Ownership !.Marjorie B. Hayek by virtue of Warranty Deeds recorded as follows: Book 238 page 39 February, 1959 1/4 interest Book 235 page 419 September 15, ,9959 114 interest Book 219 page 601 January 13, Book 219 page 600 January 13, 1959 1/4 interest Assessed Valuation & Taxes Assessed Value: $12,140. 1976 Taxes Payable in 1977: Land Size Before the Taking 56, 100 sq. ft. After the Taking 1, 700 sq. ft. Land to be Acquired 54, 400 sq. it. Zoning & Highest & Best Use The existing zoning is R-2, Residential. The appraiser was advised by special assistant counsel for the City to value the property at its highes! -- - and best u ��ithout regard -for. the zoning orclinences of the City. This �s estimated to be R -3B, Multiple family Residenfial Purpose of the Appraisal To estimate the market value of the fee simple interest before and after the acquisition of 54, 400 square feet of land for the expansion of Happy 1-Iollow Park. IOWA APPRAISAL AND RESEARCH CORPORATION • ' *EC61VED MAY 16 1977 MEARDON, SUEPPEL, DOWNER & HAYEs WILLIAM L. MCAROON LAWYERS WILLIAM I.SUCPPCL - TELEPHONE ROOCRT N. DOWNER 100 SOUTH LINN STREET 300.9222 JAMES P. HAYES IOWA CITY, IOWA 52240 AREA CODE 318 JAMES D. MCCARRAGhEP THOMAS J. CILCK MARK T. HAMCR THOMAS O. HOOART - MARGARETT.LAINSON May 13, 1977 Donald L. Johnson Iowa Appraisal & Research Corporation 719 Savings & Loan Building Sixth & Mulberry Des Moines, Iowa 50309 Re: Hayek - City of Iowa City Dear Don: Recently I had an opportunity to review your appraisal pertaining to the Hayek property and I was somewhat surprised to find a statement in the appraisal to the effect that I had advised you to appraise the property as if zoned for apartment houses. This is not what I indicated to you and I thought that it might be of value for me to advise you in writing on the law. I have no objection whatever to you indicating in your appraisal that you have been advised in this fashion, but it is not for me, as a lawyer, to determine the highest and best use of the property. Accordingly, you are advised that you are to appraise the subject property at its highest and best use without regard for the zoning ordinances of the City provided that such highest and best use is not repugnant to the area in which the subject property is located. If you have any further questions about this, Don, please feel free to phone me. WLM/sc mac: Susan Sheets E Very truly yours, William L. Meardon • 1977 14,6 % f FAu.L.4 R1 CIL - Y-� % n z¢n;G �� % �e /�(a�/�4rf....� r.�2 /-{t Cta r - U -t�", lens. -«.f )Ytc.�G-ca.a.�1 �nf„7`o-, .._.�� /la.!• �a> r��' �hL. l7�Lrt..Gli1.L n./ �+ �Dt✓r�c�( �• L a` , /a ec .L, -JZ-�610-,/,µ-c- GL....>� ilh.7�. Ott O-LLq ,,2-C - (' ao_ .c...e ha r .0. r r/ . an ..c...d� .� e. ee Q_A. t %'fir./1 k W7[,LI C� C,Ct()1 .j j r�JL ti� 'r `' CI�<.]. /"-< /�F.t'/, ,Ln a-C,/l xpt-� n V (1 t.U'dr - `�!u'-t-e� ..C.�+-r..Q,l • 0..0 //////f.C.� �71c<ell .-CILC��Ui Gi. f1 Cry (• /IC �1tr{,'Jt _CCo-a l C cu �L�c /r % �a/, J.[. z/tt/,. L C UA J r/ FCC �l• C..df ��-r/.cr t/f On), t .)0 �� l.l1 ,nQ •: U l /; 6 JI -C -EL1.0 J rl �.J�E.G.....1' � -I'�C C�' / I Acj�v 32�2 3 Ea<4. prop osr- 4.z mt de on a 4,1 J r�y idle 6y.,z e4o-sJ,9,j4,,-,1ee. 7&gaa.�m ,271tgr 1) q c4tdc. drawn on 1&4 J.Y.2,-70.jc, ar- CL b;d 61)4 execokA bq 't OcrPOrdatION ad461;tA 7O Qtmtfkl;" '74 .5'vre AA 5W .77u. kd, yaafsdez svx// 6z -f;le4 :LLL-- I ��a'bd.t— &.f --400.0.Q. o a ---- .sly be_n,,& to Q� rretu.,- af 74 vvfs. f" kL �Dj 514flJ Cr4 V� - N 6 City Council Iowa City R L-A July 5, 1977 Dear Councilors: Enclosed is a letter submitted by me to the Press Citizen. It expresses my reaction to Richard Plastinots recent communication to the Council. Iowa City is a fine place to live. I hope we can always say that in the present tense. Sincerely yours, C�A� � Carl F. Orgren-�Y 5 Melrose Place F o L E 0 JUL 61977 ABBIE STOLFU.; CITY CLERK 3. 371 J my 5, 1977 Editor Iowa City Press Citizen Dear Sir: The Johnson County Regional Planning Commission should be applauded for its recent statement on the Area Transportation Study, not criticized as was done by Richard J. Plastino. It would have been very easy for the Commission to justify its expenditure of public funds for the study by accepting and endorsing it to the various local and state governmental bodied involved. Instead the Commission has Taken the harder yet wiser path of admitting that the study was based on assumptions that are changing, and so must be largely dismissed. Mr. Plastino asks us now to make our choice between auto and transit dominant plans. Forcing this decision at an early date could well result in the adoption of an auto dominant plan. The further devotion of the community's land, financial and quality -of -life resources to transportation in large measure beneficial to non- residents would be a serious mistake. The continued reduction of pleasant areas for residence within the city encourages "moving out,, with accompanying loss of tax revenue and even further demands for auto arterials. Although the auto dominant plan might look good now, many factors could make it appear ridiculous in a few short years. We should not force a decision, especially when a likely choice has so many negative impacts on the community, and when major factors affecting the decision are rapidly changing. I do agree with Mr. Plastino that meetings should be held, that citizens should be involved in any de•oisions made. The Commission's recent vote was in part based on very active citizen participation in several committees exam Ening the Area Transportation Study. Certainly further public discussion would be appropriate. F�, JULo'619'77 ABBIE STOLFUj CITY CLERK 0 Carl F. Crgren 5 Melrose Place I • Friends of the Children's Museum July 6, 1977 Mrs. Mary Neuhauser Mayor City of Iowa City Civic Center Iowa City, Iowa Dear Mary: • Marilyn Nickelsburg, President 1713 East Court Street Iowa City, Iowa 52240 319-351-2071 The project at the Log Cabins seems to be well received by the community. We have been averaging 50-70 people a day during the afternoons we are open. However, we find that that we will need a staff person to supervise the cabins for next summer. We had applied to United Way, but were turned down. Funding for next summer seems to be our major problem. Our board met last week and decided to request that we be considered for revenue sharing funds. This letter is a formal request to the City for such funding. Please let us know what additional materials you need from us and when. Thank you for your support in the past. Sincerely yours, -%Ila t tv-j Marilyrf Nickelsburg Fd' JULo61977 D ABBIE STOLFUa CITY CLERK A ta..v exempt organiratinn. 3.238 • �rrh!!*D JUL 51971' IOWACITYOFFICE: E3191 3516100 KALONA OFFICE: 13191 556.2916 LONE TREE OFFICE: 13191 629.5400 HONOHAN, EPLEY & LYON HILLSOFFICE: 1319] 67s•2267 ATTORNEYS AT LAW JAY H. HONOHAN LLOYD A. EPLEY T. E. LYON THEODORE L.KRON 330 EAST COURT STREET IOWA CITY. IOWA 52240 July 1, 1977 The Honorable Mayor and City Council City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor and Council Members: In reading one of our weekly tax awards that we get from one of our tax services, I came across something that the City Council might find of interest. Apparently, Los Angeles County intends to pass an ordinance which would allow a tenant the ability to deduct real estate taxes allocable to their apartments or premises the same way as a co-op apartment or condominium owner does. From what I can tell, the Internal Revenue Service apparently 'is looking at this somewhat favorably. No landlord would suffer, because the landlord is treated as an agent who turns over the tax payments on behalf of the tenant and the landlord does not include the amount paid to him as taxes as income so the landlord stays in the same position. I am not sure of the impact of this particular matter and I know the Council and its staff has an awful lot fo work to do without another thing like this, but I thought the Council might be interested in something in the landlord -tenant area that could prove of benefit to both of these groups. JHH:be Very truly yours, HONQHAN, EPLEY & LYON By:Ay H. Honohan V 0 0 . COMMERCC, 0 CIVIC CL OTUI 41 O E. VIASI WIGT ON ST. IGwA CITY.IwiA enaO C (3I9I3S14801) t!`x July 15, 1977 •IO A CTFY 106A- 1.1WP✓ MAYOR MARY NEUNAUSEN COUNCIL MEMBERS ANN BAWER CAROL&PROSSE L P. FOSTER OAVIOPERRET MA%SEUM ROBERTVEVERA Mr. Jay H. Honohan Honohan, Epley & Lyon 330 East Court Street Iowa City, Iowa 52240 Dear Mr. Honohan: At its regular meeting of July 12, 1977, the City Council received and placed on file your letter regarding Los Angeles County's ordinance covering real estate taxes for tenants. This certainly is of interest to the Council and we are most appreciative of your bringing this to our attention. The City's legal staff will be requested to follow developments related to this ordinance. Sincerely yours IGf Neal G. Berlin City Manager cc: City Clerk / Legal Staff 3c239- 1 • PUBLIC NOTICE • SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT NOTICE is hereby given that the City of Iowa City, Iowa, is soliciting Offers to Purchase Land for Private Redevelopment for the following listed parcels located within its Urban Renewal Project Area: 64-1, 81-1, 82-1a, 82-1b, 83-1 and 84-1, 93-2, 93-3, 93-1 and 101-2, 101-1, 102-1, 102-2, 102-3 and 102-4, and 103-3 This land is being marketed pursuant to the competitive requirements set forth in Chapter 403 of the Code of Iowa (1977). Additional information regarding this solici- tation is contained in the Prospectus which is available at the Office of the City Clerk, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, or which will be mailed upon request. Full and complete information as to form and content of bid documents, and bidding pro- cedures are contained in a Proposal Packet which is available for the sum of Five Dollars ($5.00) for each packet, at the Office of the City Clerk, or which will be mailed upon receipt of payment. All Offers must be received, as set forth in the Prospectus, by the City Manager, Civic Center, 410 E. Washington Street, Iowa City, Iowa, no later than 12:00 o'clock noon, September 15, 1977, at which time and place all bidding shall be considered closed. Dated this 13th day of July, 1977. Vicki J. Brei 7/15/77 Deputy City Clerk 32 1-7-7