HomeMy WebLinkAbout1983-08-01 Correspondencer
NOTICE OF OBJZI,'1'ICN
TO: City Council, City of Iowa City,Iaaa AUG 11983
MARIAN K. KARR
CITY CLERK (3)
Cbjection is made to the establishment of a glide path zone at 34/1 in
connection with runway 300-120 (30-12) of Iowa City Municipal Airport.
We were advised upon inquiry last week that the glide path was being changed
from 20/1 to 34/1. We aaluired pledge of the proposed change while developing
specifications for a new warehouse at our existing place of business. Zhe older
building is to be replaced with a new structure that will be insulated and heated,
thereby Providing a more efficient and productive environment for employees. the
new Proposed regulations will prohibit this improvement although it would be
Permitted under the existing 20/1 glide path.
In 1968 and 1969 the city of Iowa City acquired air rights over property owned
by Plimlbers Supply Company on the basis of a 20/1 glide path. Although appraisals
were being made and the avigation easements were being purchased, Plumbers Supply
ComPan
Y granted the easement to the city of Iowa City without axrpehsation being
Paid. A copy, of that easement and right of way is attached and made a part of this
Instrument.
In view of the foregoing, Plumbers Supply 0=pany objects to any change in the
glide path zone, which is Imre restrictive than 20/1 which presently exists and
if such additional restriction is imposed, we feel that it is the proper subject
Of Compensation and specifically ask that the city of Iowa City take the necessary
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steps to have an appraisal made as this action substantially impairs the use of the
Property.
Dated this lst day of August, 1983.
122 S. Street
7
Iowa City, Iowa 52240
telephone 319-338-92
(ATT%R[ FOR PILMERS SUPPLY
COMPANY)
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AUG 11983
MARIAN.K. KARR
CITY CLERK (3)
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AUG 11983
RIAN K. KARR
EASEMENT AND RIGHT OF WAY
CATY CLERK (3)
KNOW ALL MEN BY THESE PRESENTS, that in consideration
of the sum of One Dollar and other valuable consideration, the receipt
hereof is hereby acknowledged, PLUMBERS SUPPLY COMPANY, an
Iowa Corporation having a principal place of business in Iowa City, Iowa,
hereinafter called Grantor, for itself, its successors in interest, and
assigns, do hereby grant, sell and convey to the CITY OF IOWA CITY, IOWA
for the use and benefit of the Airport Commission thereof, hereinafter
called Grantee, its successors and assigns, an easement and right of
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way appurtenant to Iowa City Airport for the free unobstructed flight
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of all aircraft ("aircraft" being defined for the purposes of this Instru-
ment as any contrivance now known or hereafter invented, used or
designed for the navigation of or flight in the air) by whomsoever owned
and operated over, across and within the airspace above 683 feet, M.S.L. f
(mean sea level) over the following described real estate:
A tract of land in the West Half of Section 22, Township 79,
North, Range 6 West of the Fifth Principal Meridian, County
of Johnson, State of Iowa, described as follows:
Commencing at an iron pin on the east right of way line of
U.S. Highway #218 at the intersection with the north line r
of an industrial subdivision of the Chicago, Rock Island and
Pacific Railroad Company, which point lies North 43° 361 40"
East, 890. 3 feet of a concrete monument with brass cap
marking the West Quarter Corner of said Section 22; thence
South Q? 551 East along the east line of said Highway 520. 0 feet;
thence North 89° 051 East, 325 feet to the east line of said
industrial subdivision; thence South 0° 551 East on said
east line 32. 6 feet more or less to a point of intersection
with a line 50 feet northwesterly of and parallel with the
centerline of'Chicago, Rock Island and Pacific Railroad
Companyls main track; thence southwesterly along said
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parallel line 148 feet to the'point of beginning; thence south-
westerly along said parallel line 300 feet to a point on the
east line of Highway #218; thence northerly along said east
line of Highway #218, 300 feet; thence, easterly to the point
of beginning. '
The Grantee shall have the right to cause in the described
airspace any effects including but not limited to noise, vibrations,
fumes, dust, heat and fuel particles caused by the operation of aircraft
landing at or taking off from or being at or on said Iowa City Airport.
The Grantor waives and releases any right or cause of action
which it may now or in the future have against the Grantee, its successors
and assigns because of such effects that have been or may be caused by
the use of said Iowa City Airport in the operation of aircraft.
The easement and right of way herein grants the right to clear
and keep clear the above described airspace of any and all obstructions
infringing upon or extending into said space, including the continuing
right to prevent future construction of any building, device or structure
or the future growth of either tree or trees or of any and all construction
of any nature created by any future act of any person on the surface of
the land infringing upon the above described airspace together with the
right of ingress to, egress from and passage over the land of the Grantor
above described for the purpose of effecting and maintaining such clear-
ances and of removing any and all such obstructions.
The Grantee shall have and hold the afiove described easement
and right of way and all rights pertaining to the same until the present
Iowa City Airport shall be abandoned and cease to be used for airport
purposes, upon which event the easement and right of way herein granted
shall terminate.
oar �.
AUG 11983
- -- ----- --- MARIAN-K.-KARR___.
CITY CLERK (3)
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yThe Grantor agrees that during the term of this easement and
righi'of way it shall not erect or permit the erection or growth of any
building, structure, tree or other obstruction extending into the above
described airspace and it shall not hereafter use the surface of such
property in any manner as to interfere with the taking off or landing of
aircraft.
Grantor shall not hereafter use or permit use of the land first
above described in such a manner as to create electrical interference
with radio communication between the installation upon the Iowa City
Municipal Airport and aircraft or as to make it difficult for flyers to
distinguish between airport lights and others, or as to result in glare
in the eyes of flyers using the said airport, or as to impair visibility
in the vicinity of the airport, or as otherwise to endanger the landing,
taking -off or maneuvering of aircraft.
The above covenants and agreements shall run with the land
of the Grantor, as hereinabove described, for the benefit of the Grantee,
and its successors and assigns in the ownership and operation of the
aforesaid Iowa City Municipal Airport.
IN WITNESS WHEREOF. the Grantor has caused this Instrument
August
to be signed on this 21 st day of XK 1969.
e
PLUMBERS SUPPLY COMPANY
Byi VU
Pr ident I
SEAL Secretary
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AUG 11983
MARIAN K. KARR
CITY CLERK (31_ _
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STATE OF IOWA
SS.
JOHNSON COUNTY
On this 2l St day Of August 1969, before me a
Notary Public in and for Johnson County, Iowa, personally appeared
Wavne L. Balmer and
Nora Lee Balmer , each of whom to me are personally known,
and each of whom by me severally sworn on oath for himself did say
that the said Wayne L. Balmer is President and
the said Nora Lee Balmer
is Secretary of the said
PLUMBERS SUPPLY COMPANY of Johnson County, Iowa, and the
Seal affixed to the above said instrument is the Corporate Seal of the
said Corporation by authority of its Board of Directors, and the said
Mayne L. Balmer
as President and
Nora Lee Balmer as Secretary did severally acknowledge
said instrument to be the voluntary act and deed of the Corporation.
WITNESS my hand and Notarial Seal the day, month, and
year last above written.
Aota�r2zo.,','�y Pin an4d or Johnson
County, Iowa
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AUG. 11983
MARIAN K. KARR
CITY CLERK (3)
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BARKER, CRUISE & KENNEDY
LAWYERS
CHARLES A BARKER 3H IOWA AVENUE -
JOHN 0. CRUISE P.O. BOX 3000
MICHAEL W. KENNEDY IOWA CITY, IOWA
52244 AREA CODE 31B
JAMES D. ON TELEPHONE 3E1-
DAVIS L FOSTER BTER BI BI
August 1, 1983
F 9 L D
aUr 1 1983 -
City Council
City of Iowa City MARIAN K. KARR
Civic Center CITY CLERK (1)
410 East Washington
Iowa City IA 52240
Re: Airport Overlay Zones
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Councilpersons:
' Unfortunately, I am unable to attend the meeting of this
City Council on August 1. I would request that this letter be
considered by the Council as part of the public hearing on the
Airport Overlay Zone Ordinance.
S
We are now approximately one month past the date that I II s
first presented the position of West Side Company to this Coun-
cil. However, the information offered by the City to explain
the proposed Overlay Zone still does not present adequate no-
tice of what West Side Company contends is a taking of property
'I rights.
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At the Council meeting of July 18, 1983, I stated that the
then most recent Airport Height Zoning Map, designated as Page
5A, was at least confusing and at most incorrect. The portion
of this statement that the map was incorrect was based on in formation from an engineering service, but I qualified that
statement because Mr. Zehr maintained that the map was correct.
pThis past week I received a new map, designated as 5A, and
this map shows that, in fact, my information was correct and
e the City
onfor gaccurate tinformation nwas eincorrect. The errorest Sie Company was was in
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City Council
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August 1, 1983
failing to start the 20:1 slope 200 feet past the runway sur-
face.
I would also have this Council note that new 5A also dif-
fers from the old 5A by not having a line showing the "Existing
Ground Profile at Edge of Proposed Safety Area." This line on
the topographical map was generally substantially higher than
the "Existing Ground Profile" line contained on both the old
and new maps. I would feel safe in speculating that the "Ex-
isting Ground Profile at Edge of Proposed Safety Area" line was
removed because it made it seem more likely that landowners
would be affected by the new ordinance.
In answer to the question of the Council raised at the
last meeting, exclusive of roads which have already been con-
structed on the West Side Company property, there are 31.5
acres of property owned by West Side Company in the Approach
Zone. When the area for Mormon Trek Road, along with a 66 -foot
right-of-way is removed from this consideration, the affected
acreage becomes 29.6 acres.
It has also been determined that based on the ground lev-
els currently existing, there are several points on the West
Side Company property where the clearance ranges from just un-
der to just over 30 feet accordingto the Approach
Zone
as it is proposed, but where cleaance is presently 060-90yfeet.
This shows how the West Side Company property is affected. The
developers have made no decisions at this time concerning what
?' specific building or commercial plans will be implemented on
the property, but it is apparent that under the existing Over-
lay Zone Ordinance there is no practical effect on the property
and that a 30 -foot restriction has a practical impact on the
use of the property and therefore is a taking of property
rights.
West Side Company contends that because a taking is in-
volved, the City has not met the necessary notice requirements.
However, if the City feels that the ordinance must be passed,
West Side Company would request and demand that the City begin
condemnation proceedings which would compensate West Side Com-
pany for the property rights being taken by the City as a re-
sult of the Airport Zoning Ordinance.
In addition, because of the notice problems outlined in
this letter, West Side Company objects to any efforts to
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August 1, 1983
accelerate the process for approving this ordinance by having
readings on consecutive days and/or waiving any readings.
Very
]truly yours,
DLF:jah Davis L. Foster
cc: Planning & Zoning
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JUL 1 9 198 D
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MARIAN K. KARR
CITY CLERK (1 j
July 19, 1983
TO: City Council of Tawa City /
FROM: Donald J. and Catherine Pietnyk
SUBJECT: Alley paving in Lyon's Addition (see attached)
We are property a•mers of a single dwelling, that is affected .'
by the alley paving project described on the attacherl notice. This !
letter is to inform the City Council that we are st7rongly opposed to
this project for reasons which are brieflv outlined helaa. T.
i hone that I will be able to expand on these corrrents at the meeting, `
scheduled on August 1, 1983.
The neighborhood in question is an old neighborhood of the !'
city which contains a gravel allev. Prior to 19635 there obviouslv !
has been no interest in a paved alley. At present feu services use
the alley, namely telephone. All water, sewer, power, garfape pick-un, ;
rrand emergency services, are, to my knaaledge, through the street, ;
F not the alley. Thus, the only purpose for the allev historically (and
at present) as I see it has been to nrovide access to a handful of
alley garages.
In the last few years the neighborhood has chan?ed due to the
building of many apartment building`s. My quick survev indicates that
only one of these units provides access to its parking lot and it is
i probably not used extensively because of the narking lot location. MV
quick survey indicates over ten concentrated (ten or greater narking,
spaces) apartment parking, lots without ttrivate access.
S The current (1983) real. estate assessment of our property is,
after appeal, $7,200 land, $28,800 building or about a 60� increase
in land value and 37% increase in building, value over. 1981. It is not
clear to us haw land that can't be built on increases in value by
60% or a small house of 50+ vears increases bV 170,. The fact is that
a $2 ,DDD assessment for pavement
cost for our. property is
$2,017.15) which represents 2% (if the entire cost is $99,984.17) of
the entire: cost will in no way add to the value of this property.
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This plan, if approved, is asking us to pav 2% or erre of the
cost of someone else's drive way. Obviously, we are unposed to
this since it does not even come close to nrovidine us o-rith
services or increased value representing $2,000.
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CITY CSF
CIVIC CENTER 410 E. WASHINGTON ST
OW/-\
IOWA CITY, IOWA 52240
NOTICE TO PROPERTY OWNERS
Notice s ere y g ven t -Fa _F there is
now on file for public inspection in the
office of the Clerk of the City of Iowa
City, Iowa, a proposed Resolution of
Necessity, an estimate of costs and plat
and schedule showing the amounts proposed
to be assessed against each lot and the
valuation thereof within the district as
approved by the Council of Iowa City,
Iowa, for a street improvement, designated
as the 1983 Paving Improvements (Lyon's
2nd Addition), of the types and in the
location as follows:
Paving improvements in the alley in
Block 6, Lyon's 2nd Addition from
Bowery Street North to 88' North of
the East-West Alley, paving to be six
(6) inch thick concrete, twenty (20)
feet wide; east -west alley paving six
(6) inch thick concrete, eighteen
(18) feet wide with a retaining wall.
That the proposed district to be
benefited and subject to assessment for
the cost of such improvements is described
as follows:
Block 6, Lyon's 2nd Addition, except
for east 75' of lot 14, west 129 of
lot 15, north 52' of lot 1 and lots
27 and 28.
The Council will meet at 7:30 o'clock
P.M., on the 19th day of July, 1983, at
the Council Chambers, City Hall, Iowa
City, Iowa, at which time the owners of
property subject to assessment for the
proposed improvements, or any other person
having an interest in the matter may
appear and be heard for or against the
making of the improvement, the boundaries
of the district, the cost, the assessment
against any lot, tract or parcel of land,
or the final adoption of a Resolution of
Necessity. A property owner will be
deemed to have waived all objections
unless at the time of Hearing he has filed
objections with the Clerk.
This Notice is given by authority of
the Council of the City of Iowa City,
Iowa.
MARIAN KKARR, UITY CLERK
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(319) 356-5000
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July zo, 1983 F 0
J U L 2 5 1983
Tot The Council of the City of Iowa City MARIAN K.
KARR
From: Don Fowles & Dorothy Fowles, 609 Granada Court CITY CLERK (1)
Ret Alley paving, Block 6, Lyon's Special Addition
We attended the Council Meeting on July 19 in response to the City
Clerk's Notice, only to learn that discussion was to be delayed until
August 2. Since we will be out of town on that date, we would like to
state our position in this letter, as we own Lot 24.
First, the need for paving is clear. Given the recent rapid increase
in the number of apartments along this alley, there is an intolerable
amount of dust and the alley consists of an obstacle course of ruts and
holes. Consequently, we strongly support the need to pave the alley.
We do hope, on the other hand, that you will consider making the
assessments on the basis of usage, as that bears a more equitable
relationship to the need for and benefit from the alley. In our case,
our property contains one two-bedroom apartment and three efficiencies,
a total of four units. I have not checked, but I assume that most of the
new buildings contain nine two-bedroom units. Thus, we have fewer units
of a smaller average size than they do. For example, we typically rent to
a total of five tenants, whereas the larger units could include from two to
four per unit, or 18-36 tenants per building. From this perspective, our
usage is considerably lower. We might also add that the alley served quite
well when we bought the property in December 1975, and we have not increased
the number of units on our lot. In that sense, the problem has clearly
arisen from the new construction.
We have been told that the assessments are based on frontage along
the alley rather than usage. However, the criterion of usage has been
applied --at least implicitly --in at least three instancest
1) Lot 27 is not being assessed because a steep hill prevents
reasonable access to the alley and thus prevents usage.
2) The assessment is lowered for the eastern portion of Lot 15,
i even though it has full frontage on the alley --presumably
because it's size restricts the number of units and thus
usage. Similarly, the other portions of this lot are not
assessed because the lack of access to the alley prevents
usage.
3) Lots 3 and 4 have a frontage along the east -zest portion of
the alley connecting to Johnson Street, yet they are not
assessed for this frontage. This is to prevent an extra
assessment, since their usago does not increase by virtue
of the additional frontage.
We think that these decisions are all reasonable because they embody a
usage criterion and hope that you x111 apply it more broadly. The simplest
principle would be to divide the total costs by the total number of dwelling
units and assess on the basis of the number of units per lot (existing,
under construction, or building permits granted).
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It might be argued that lot size determines potential usage, as
Opposed to current actual usage, and that assessments should be based
on that. This argument can be countered by;noting that the potentiall,
for usage has always been there, but that the need for the alley was
triggered by an increase in the actual usage.
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It is obvious that an assessment of $4,034.30 works a greater hard-
ship on the owner of an older, single-family home than it does on the
owner of a new unit with 12 two-bedroom apartments. Similarly, that
assessment divided among the rentsffrom 4 apartments in our case takes
a larger percentage of the rent than it would for larger buildings,
Ij We recognize that assessments are not based on property values or on
the incom tproduced per lot, but applying a usage principle would have
the virtue being more closely related to gross income than would a
j flat assessment.
Finally, we want to stress that we support the paving of the alley,
even if it is done with the proposed assessments. Although we feel they
are not fair, we would choose those assessments over not having it paved
at all. On the other hand, there may be some strong
4 owners of the smaller buil ensive that they might
protests from
block the paving altogether. Applying�'we usage criterion would lower
their assessments wh
< dramatically while, at the same time, not raising the
assessments for the larger buildings by a very large percentage (since
there are now many more large buildings). Thus we would hope that the
application of a usage principle would facilitateF
concerned and allow to project to move forward, agreement among all
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PART lA
Deferred Meeting
The Council of the City of Iowa City, Iowa, met in special
session in the Council Chambers in the City Hall at 7:30
o'clock P.M., on the 1st day of August , 1983.
There were present Mayor Pro tem David Perret, zn the chair and
the following named Council Members:
, Dickson, Erdahl Lynch McDonald
Perret
Absent: Neuhauser
ro
The Mayor/annotunced that this is the time set for deferred
action on the Resolution of Necessity for. the 1983 Paving
Improvements (Lyon's 2nd Addition) introduced on the 19th day
of July 1983. After discussion of the Resol�on
of Necess— xtp, objections and other related matters, the
following action was taken:
Council Member Balmer introduced
the following Resolution and moved xts adoption. Council
Member. Dickson seconded the motion to adopt. The
roll was called and the vote was,
AYES: Lunch, Balmer Erdahl DjQkao
McDonald, Perret
NAYS: None
83-235
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE
RESOLUTION OF NECESSITY PROPOSED FOR THE 1983
PAVING IMPROVEMENTS (LYON'S 2ND ADDITION).
WHEREAS, this Council has proposed a Resolution of
Necessity for. the 1983 Paving Improvements (Lyon's 2nd
Addition), has given notice of the public hearing thereon as
required by law; and
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A HLERS.
6-AHLERS• COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA
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WHEREAS, the public hearing has been held, all persons
offering objections have been heard and consideration given to
all objections and is pending before this Council; and
WHEREAS, this is the time and place set as provided for
the taking of action on the proposed Resolution of Necessity;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA AS FOLLOWS:
i That the proposed Resolution of Necessity described above
is hereby:
Adopted, without amendment, and all
f XX objections filed or made having been duly
considered are overruled.
Adopted as amended by the Schedule of
Amendments attached hereto as Exhibit A,
and made a part hereof by reference. All
objections filed or made having been duly
considered are overruled.
Deferred for later consideration to a Council
meeting to be held on the day of
next, at o'clock
[ M., at this meeting place, with juris-
I diction retained for further consideration and
action at the adjourned meeting.
Abandoned.
I Passed and approved this 1st day of August ,
1963.
I
Mayor. Pro o
ATTEST:
Clbrk
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AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS, DER MOINES, IOWA
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