HomeMy WebLinkAbout2025-12-09 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at
which time the Council will consider:
An ordinance rezoning approximately
13.60 acres of property from Interim
Development— Research Park (ID -RP) to
Medium Density Single -Family
Residential (RS-8) for 4.75 acres and
Rural Residential (RR-1) for 8.85 acres for
property located west of Ave Circle and
south of Kennedy Parkway (RF225-
0014).
Said public hearing will be held at 6:00 p.m. on the
9"' of December 2025, in Emma J. Harvat Hall at
City Hall, 410 E. Washington St., in said city, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
Copies of 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. Copies may also
be made available by telephoning the City Clerk at
319-356-5043 or emailing kgmm@iowacity.org
Sam Brodersen, Associate Planner
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NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR THE TAFT AVENUE RECONSTRUCTION PROJECT
Martin & Melissa Lacina
4818 American Legion Road SE
Iowa City, IA 52240
Stephen & Julie Lacina
4821 American Legion Road SE
Iowa City, IA 52240
Donald Lacina
5146 Lower West Branch Road SE
Iowa City, IA 52240
Graincomm III LLC
PO Box 723597
-
Atlanta, GA 31139
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Marilyn Marsh
`n
Garwood 2015 Trust
-
10 Trailside Drive
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Amherst, NH 03031
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Saint Marks United Methodist Church
2675 E Washington Street
Iowa City, IA 52245
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property
rights under power of eminent domain for a public improvement project to give notice of the
project to all agricultural property owners whose properties may be affected and to hold a public
hearing.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above -identified agricultural property owners, contract
purchasers, and known tenants -that the City Council of the City of Iowa City will consider
funding of the site -specific design for the Taft Avenue Reconstruction Project, making the final
selection of the route or site location, and acquiring or condemning property rights, if necessary,
required for the project. Said project generally includes the reconstruction of Taft Avenue from
American Legion Road to Lower West Brach Road.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR
CONDEMNATION.
If the above -described project is approved by the City Council, the City may need to acquire
property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete ownership).
Upon review of the records of the Johnson County Auditor, it appears that properties or portions
of properties owned or leased by the above -identified persons may have to be acquired for the
project by the methods described above. The City will attempt to purchase the required property
rights by good faith negotiations. If negotiations are unsuccessful, the City will condemn those
property rights which it determines are necessary for the project. The proposed location of the
above -described public improvement is shown on documentation which is now on file in the
office of the City Clerk and available for public viewing.
2
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
FUND PROJECT.
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how to
proceed with this project and has coordinated project planning with other appropriate agencies.
The planning has reached the point where preliminary designs now indicate that certain property
rights may need to be acquired. Any public comment will be considered in preparing the final
designs, particularly as private property may be affected.
In making the decision to fund the site -specific design for the public improvement, to make the
final selection of the route or site location, or to acquire or condemn property rights, if necessary,
the City Council is required to hold a public hearing, giving persons interested in the proposed
project the opportunity to present their views, including opposition, regarding the decision to
fund the site -specific designs for the project, make the final selection of the route or site location,
or to acquire or condemn, if necessary, property or an interest in property for the project. The
public hearing will be held on the 9ta day of December, 2025 in the City Council Chambers,
City Hail, 410 East Washington Street, Iowa City, Iowa, commencing at 6:00 p.m. or, if
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In
order to fund the site -specific design for the public improvement, to make the final selection of
the route or site location, or to commence the acquisition or condemnation of property rights, if
necessary, for the above -described project, City Council will be required to approve the project
and authorize acquisition of private property rights for the project by Council resolution. The
City Council is scheduled to consider adoption of a resolution authorizing acquisition of property
rights for the above -described project following the public hearing. A draft resolution is
attached.
When an appraisal is required, if the project is approved by the City Council, an appraiser will
determine the compensation to be paid for easements and/or property acquired in fee simple. The
City will offer no less than the appraised value and will attempt to purchase only the needed
property by good faith negotiations. If the City is unable to acquire properties neqAed for the
project by negotiation, the City will acquire those property rights by condemnation. ; rr
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4. CONTACT PERSON .
If you have any questions concerning the Taft Avenue Reconstruction Project,pfeaseontaM, the
following person: - _-
co
Jon Resler ,
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
(319)356-5189
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake th6above-
described project or to acquire property rights for the project. This Notice does not constitutean
offer to purchase property rights.-
6. STATEMENT OF RIGHTS.
r,
Just as the law grants certain entities the right to acquire private property, yov as tho�pwnct of
property have certain rights. You have the right to: rn
a. Receive just compensation for the taking of property. (Iowa Constitution, Article 1,
section 18)
b. An offerto purchase which may not be less than the lowest appraisal of the fair market
value of the property. (Iowa Code section 6B.54(3))
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than ten days before
being contacted by the acquiring agency's acquisition agent. (Iowa Code section
6B.45)
d. An opportunity to accompany at least one appraiser of the acquiring agency who
appraises your property when an appraisal is required. (Iowa Code section 6B.54(2))
e. Participate in good -faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code section 6B.2B)
f. Retain legal counsel of your choosing at your expense for the purpose ofbringing a
court action to challenge the exercise of eminent domain authority or the
condemnation proceedings in accordance with the provisions of law. (Iowa Code
section 6B.3A; Iowa Code section 6A.24)
g. A determination ofjust compensation by an impartial compensation commission and
the right to appeal its award to the district court if you cannot agree on a purchase
price with the acquiring agency. (Iowa Code section 6B.4; Iowa Code section 613.7;
Iowa Code section 613.18)
h. Payment of the agreed upon purchase price or, if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code section 6B.25; Iowa Code section 66.26; Iowa Code section
6B.54(11))
I. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code section 6B.33; Iowa Code section 6B.54(10))
j. Reimbursement of certain litigation expenses: (a) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (b) if the award on appeal in court is more than the compensation
commissioners' award. (Iowa Code section 613.33)
k. To the greatest extent practicable, be provided at least 90 days' written notice to
vacate occupied property prior to construction or development of a public
improvement. (Iowa Code section 6B.54(4))
1. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of the payments. (Iowa Code section 316.9; Iowa
Code section 613.42)
The rights set out in this Statement are not claimed to be a full and complete list or explanation
of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316.
For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code
or contact an attorney of your choice.
Kellie Grace
City Clerk
TO:
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR THE TAFT AVENUE RECONSTRUCTION PROJECT /
Ma & Mefissa Lacing
4818 erican Legion Road SE
Iowa Cift, IA 52240
Stephen &\IA5
acing
4821 Amegion Road SE
Iowa City40
Donald Latina
5146 Lower West Bran Road SE
Iowa City, IA 52240
Chapter 6B of the Iowa Code requires gove
rights under power of eminent domain or a
project to all agricultural property owners h<
hearing.
1. DESCRIPTION OF THE
Graincomm III LLC
PO Box 723597
Atlanta, GA 31139
Marilyn Marsh
Garwood 2015'
10 Trailside D
Amherst, N 0:
Saint 19irks United Methodist Church
2675'K Washington Street
100 City, IA 52245
i al body which proposes to acquire property
is improvement project to give notice of the
properties may be affected and to hold a public
NOTICE IS HEREBY GIVEN to a above-iden tic
purchasers, and known tenants - t the City Coun
funding of the site -specific desi for the Taft Avenue
selection of the route or site to tion, and acquiring or c
required for the project. Said roject generally includes
American Legion Road to 46wff West Brach Road.
2. PRIVATE PROPERTY RIGHTS MAY BE
I agricultural property owners, contract
of the City of Iowa City wil£tconsider
econstruction Projectc?nakin '&e final
emning property rights, if ej essary,
the nstruction of T�aft-Av�re from'
LCQUI BY NEGOT3ATjpN OR'
0
If the above-desc ' ed project is approved by the City Council, the Ci ay need to acquire
property rights or the project improvements. Property rights may in uric a temporary
c/delsm'bed
n a ent, a permanent easement, and/or a fee simple parcel (coin etc ownership).
Uw f the records of the Johnson County Auditor, it appears that prop 'es or portions
oowned or leased by the above -identified persons may have to be acq 'red for the
pa methods described above. The City will attempt W purchase the mquir mperty
riood faith negotiations. If negotiations are unsuccessful, the City will cond those
pghts which it determines are necessary for the project. The proposed location the
aribed public improvement is shown on documentation which is now on file inoe City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PR CT AND TO
CQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTIO REQUIRED TO
D PROJECT.
The City ha\to
unding in its budget for this project, as we as funding to acquire any
property rigbe needed for the project. City staff has lyzed the options for how to
proceed wit and has coordinated project planning th other appropriate agencies.
The plannind the point where preliminary designs ow indicate that certain property
rights may cquired. Any public comment will a considered in preparingthe final
designs, parivate property may be affected.
In making the decision to d the site -specific desi for the public improvement, to make the
final selection of the route o\to'1djacpuvb'jic
cation, or to acq ' e or condemn property rights, if necessary,
the City Council is required hes ggiving persons interested in the proposed
project the opportunity to tir ews' cluding opposition, regarding the decision to
fund the site -specific designproject, a the final selection of the route or site location,
or to acquire or condemn, if neces
public hearing will be held on the 9
City Hall, 410 East Washington St
cancelled, at the next meeting of the
order to fund the site -specific design
the route or site location, or to co'
necessary, for the above-describ pn
try or an interest in property for the project. The
of December, 2025 in the City Council Chambers,
Iowa City, Iowa, commencing at 6:00 p.m. or, if
Council thereafter as posted by the City Clerk. In
public improvement, to make the final selection of
h acquisition or condemnation of property rights, if
Ci Council will be required to approve the project
and authorize acquisition yed
ate property ri is for the project by Council resolution. The
City Council is scheduled tider adoption of a solution authorizing acquisition of property
rights for the above-descproject following public hearing. A draft resolution is
attached.
When an appraisal is r uired, if the project is approved b the City Council, an appraiser will
deters ne the comp anon to be paid for easements and/or erty acquired in fee simple. The
City will offer no I as than the appraised value and will attt to purchase only the needed
property by good aith negotiations. If the City is unable to acq ' e properties needed for the
project by negof lion, the City will acquire those property rights by demnation.
4. CON -)'ACT PERSON
If you hav/any questions concerning the Taft Avenue Reconstruction Project,Xlease contact the
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
(319) 356-5189
50 :g lip SE j Op S10t
3
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT OFFER TO
\poct
ASE PROPERTY RIGHTS.
The l of the City of Iowa City, Iowa has not ye[ determined o undertake the above-
descor to acquire property rights for the project. This N ce does not consttute an
offerproperty rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire
property have certain nigh You have the right to:
a. Receive just compensa i nfor the taki
section 18)
b. An offer to purchase which not be
value of the property. (Iowa Co sec
c. Receive a copy of the appraisal, if al
agency's determination of just p
being contacted by the acquiri gagen
6B.45)
vv� property, you es-ihe�vner of.
_ w
cn
(Iowa Constitution,A'rtiqk I,
u 1.
lowest appraisal of the fa rpnarket
6B.54(3))
aisal is required, upon which the acquiring
tion is based not less than ten days before
p acquisition agent. (Iowa Code section
d. An opportunity toaccomp nyatleast one ap aiseroftheacquiringagencywho
appraises your property hen an appraisal is re fired. (Iowa Code section 6B.54(2))
e. Participate ingood-fa' negotiations with the acq rrmgagencybeforethe acquiring
agency begins con I nation proceedings. (Iowa Co section 66.26)
f. Retain legalcoun I fyourchoosingatyourexpensefo the purpose of
f.
court action to allengethe exercise ofeminent
domaina thorityorthe
condemnatio proceedings in accordance with the provision f law. (Iowa Code
section 6B. ;Iowa Code section 6A.24)
g. A determi ation of just compensation by an impartial compensati commission and
therigh to appeal its award to the district court if you cannot agree apurchase
price ith the acquiring agency. (Iowa Code section 6B.4; Iowa Code se 'on 6B.7;
low Code section 613.18)
h. P ment of the agreed upon purchase price or, if condemned, a deposit oft
ompensation commission award before you are required to surrender posses ' n of
the property. (Iowa Code section 6B.25; Iowa Code section 6B.26; Iowa Code sects n
6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code section 6B.33; Iowa Code section 6B.54(10))
4
Reimbursement of certain litigation expenses: (a) if the award of the compensa ' n
ommissioners exceeds 110 percent of the acquiring agency's final offer befor
cc emnation; and (b) ifthe award on appeal in court is more than the co ensation
corn 'ssioners' award. (Iowa Code section 6B.33)
k. To the ,test extent practicable, be provided at least 90 days' writte otice to
vacate occ ied property pn rto construction or development of a blic
improvemen (Iowa Code section 6B.54(4))
1. Relocation sery es and payments, if you are eligible to receive t em, and the right to
appeal youreligib'tyforandamountofthepayments.(Iowa ode section316.9;Iowa
Code section 66.42)
The rights set out in this Statemolkt are not claimed to be a full Ad complete list or explanation
of an owner's rights under the law. ey are derived from IoO Code Chapters 6A, 6B and 316.
For a more thorough presentation of owner's rights, you s ould refer directly to the Iowa Code
or contact an attorney of your choice.
Kellie Frnehling
City Clerk
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Prepared by: Jon Resler, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5189
Resolution No.
Resolution authorizing the acquisition of property interests necessary
for construction of the Taft Avenue Reconstruction Project.
Whereas, the City of Iowa City desires to construct the Taft Avenue Reconstruction Project
("Project") which generally includes the reconstruction of Taft Avenue from American Legion Road
to Lower West Branch Road; and
Whereas, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary to construct, operate and maintain the proposed project; and
Whereas, the City staff has determined the location of the proposed Project; and
Whereas, notice of Intent to acquire property rights which may be needed for the Project and the
public hearing was given to all owners of agricultural property whose properties may be affected
by the Project by ordinary mail on November 5, 2025, and was published in a newspaper of
general circulation in the county where the agricultural land is located on November 19, 2025, all
as required by Chapter 6B of the Iowa Code; and,
Whereas, a public hearing was held on December 9, 2025; and,
Whereas, City staff should be authorized to acquire necessary property rights at4hebeshbverall
price to the City; and
Whereas, funds for this project are available in the Taft Avenue -American LegbnRoaa to Lower
West Branch Road account # S3959. r
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that
The City Council finds that it is in the public interest to acquire property rights by warranty
deed, quit -claim deed, and/or easement for the construction of the Taft Avenue
Reconstruction Project ("Project") which Project constitutes a public improvement under
Iowa law. The City Council further finds that acquisition of said property rights is necessary
to carry out the functions of the Project, and that such Project constitutes a valid public
purpose under state and federal law.
The City Manager or designee is hereby authorized and directed to negotiate the
purchase of property rights by warranty deed, quit -claim deed and/or easement for the
construction, operation and maintenance of the Project. The City Manager or designee is
authorized to sign purchase agreements for the purchase of property and/or easements,
and offers to purchase property and/or easements.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
Resolution No.
Page 2
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney is hereby directed to take all necessary action to complete said transactions, as
required by law.
5. In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney is hereby authorized and directed to initiate condemnation proceedings for
acquisition of any and all property rights necessary to fulfill the functions of the Project, as
provided by law.
Passed and approved this day of
2025
Mayor
Approved by
Attest:
City Clerk City Attorneys Office
It was moved by and seconded by
the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
Alter
Bergus
Harmsen
Moe
Salih
Teague
Weilein
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