HomeMy WebLinkAbout1999-09-28 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 7:00 p.m. on the 28th day of
September, 1999, in the Civic Center
Council Chambers, 410 E. Washington
Street, Iowa City, Iowa, at which hearing the
Council will consider:
~ An ordinance amending Title 14,
Chapter 6, Zoning, to allow banner signs in
shopping centers.
2. An ordinance amending Title 14,
Chapter 6, Zoning, to amend the provisions
relating to home occupations.
3. An ordinance amending Title 14,
Chapter 6, Zoning, to allow public utilities in
commercial and industrial zones.
Copies of the proposed ordinances are
on file for public examination in the office of
the City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARlAN K. KARR, CITY CLERK
ppdadrnin\pzccphn.doc
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE
14, CHAPTER 6, ENTITLED "ZONING," ARTICLE
O, ENTITLED "SIGN REGULATIONS," TO. ALLOW
IDENTIFICATION BANNER SIGNS IN LARGE
SHOPPING CENTER PARKING AREAS.
WHEREAS, banner signs in large shopping canter
parking areas can add color, identity, and a unifying
appearanca to large parking lots; and
WHEREAS, the content of the identification banner
sign will be limited to the name of the shopping center
and a logo; and
WHEREAS, to help ensure the banner signs stay in
good condition, the signs are required to be
constructed of an all-weather durable material.
Permits for the identffication banner signs will be
given for one (1) year which may be renewed if the
banner signs are in good condition or are replaced;
and
WHEREAS, the size and location of the banner
signs will be limited to avoid the sign creating a
cluttered appearanca; and
WHEREAS, requiring a consistent style of sign
throughout the shopping canter parking lot will help
create a unifying appearanca. Banner signs will be
permitted to have the name of the shopping canter,
not individual stores.
NOW. THEREFORE. BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SFCTION I. APPROVAL. Chapter 6, entitled
'Zoning," Article O, entitled 'Sign Regulations." be
amended as follows:
14-60-2, Definitions, be amended to include the
following:
IDENTIFICATION BANNER: a sign of canvas. nylon,
or other durable material that is permanently affixed to
a light pole by structural members on the top and
bottom of the sign (or two opposite sides), which
identifies a multi-business shopping canter, not an
individual business.
14-60-5C(2), Provisional signs in the CO-1, CN-1,
and P,/O zones, be amended to add the following:
14-60~5C(2)(d): Up to two identification banner
signs affixed to each shopping canter parking area
light pole, provided the parking area contains a
Ordinance No.
Page 2
minimum of 200 parking spaces. each banner sign is
no more than three (3) feet wide and six (6) feet tall,
each banner sign is consistent in appearance and
size, the bottom of the sign is no less than ten (10)
feet and the top of the sign is no higher than twenty
(20) feet above grade, and the permit for the banner
sign is given for no more than one (1) year. The
permit will be renewable if the banner signs are in
good condition or are replaced with new banner
signs.
14-60-5D(2), Provisional signs in the CH-1, CC-2,
and C1-1 zones, be amended to add the following:
14-60-5C(2)(e): Up to two identification banner
signs affixed to each shopping center parking area
light pole, provided the parking area contains a
minimum of 200 parking spaces, each banner sign is
no more than three (3) feet wide and six (6) feet tall,
each banner sign is consistent in appearance and
size, the bottom of the sign is no less than ten (10)
feet and the top of the sign is no higher than twenty
(20) feet above grade, and the permit for the banner
sign is given for no more than one (1) year. The
permit will be renewable if the banner signs are in
good condition or are replaced with new banner
signs.
SFCTION II. RFPFALFR. All ordinances and
pads of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SFCTION III. SEVFRABILITY. If any section,
provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SFCTION IV. FFFI=CTIVF DATI=. This Ordinance
shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of
,1999.
MAYOR
ATI'EST:
CITY CLERK
O
MEMORANDUM
Date: July 29, 1999
To: Planning and Zoning Commission
From: John Yapp, Associate Planner
Re: Banner Signs
The developers of Gateway One Plaza, formerly Wardway Plaza, have had banner signs
installed on the light poles in the Gateway One Plaza parking lot. Permanent banner signs of
this type are not permitted by the sign ordinance. At the request of the Mayor, and because the
City uses such banners in the public right-of-way downtown, we have evaluated allowing
permanent banner signs in some instances on private property.
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Banner signs at Gateway One Plaza
Banner signs are typically t~mporary signs used to advertise a special event, such as a grand
opening, sidewalk sale, concert, art sale, or similar activities. They can be mounted on a pole,
such as in downtown Iowa City, or they can be affixed to a wall. The reason banner signs have
been permitted only on a temporary basis is because of their potential to add to the sign 'clutter'
that is often associated with commercial areas, and their potential to easily become worn,
tattered and degraded in appearance. Most cities prohibit banner signs except on a temporary
basis. However, staff feels that banner signs attached to light poles of large shopping center
parking lots can add color and a festive appearance.
Appropriate location. If banner signs are to be permitted, they should only be permitted in
large shopping center parking lots. The benefits of banner signs are where there is room for
multiple signs, adding a colorful pattern to what might otherwise be a bland parking lot. Adding
banner signs to a smaller parking lot will only clutter the site, detracting from the overall
appearance of the commercial area or neighborhood. Parking areas of 200 or more spaces
appear to be large enough that banner signs would add color and identity, and help create a
unifying appearance. This size of parking lot is based on a review of area parking lots which
appear large enough benefit from banner signs. In smaller parking lots, banner signs would
likely just add to overall sign clutter. Table I lists the number of parking spaces in some Iowa
City commercial parking areas. Such banner signs should be posted only on light poles at an
appropriate height, so no additional poles will be constructed just for additional banner signs.
Table I: Size of various parking lots
Mormon Trek McDonalds
Walgreens
Walden Square
First Avenue Hy Vee
Gateway One Plaza
Waterfront Drive Hy Vee
65 spaces
78 spaces
226 spaces
474 spaces
526 spaces
708 spaces
Appearance & Materials. One concern staff has is with the appearance and materials of
banner signs. In order to avoid banner signs being used for advertising sales or prices, their
use be limited to an identification sign, allowing only the name of shopping center, and a logo.
The signs should not be able to be used for individual stores, only shopping centers. For
example, banner signs in Pepperwood Plaza would not be able to have the names of individual
stores on the signs. Requiring a consistent style of sign throughout the shopping center will
help create a unifying appearance.
The signs should be required to be attached to permanent structural members on the top and
bottom (or two opposite sides). The signs should be required to be constructed of canvas,
nylon, or another similar all-weather durable material (as opposed to heavy paper or cardboard).
Because of their potential to become weathered and tattered, a permit should be required for
banner signs once a year. This will allow the building official to periodically review the condition
of the signs. If the signs are tattered, have holes or other defects, the building official may
simply not issue an additional permit unless the signs are replaced.
Size. The size of banner signs should be limited to avoid the signs creating a cluttered
appearance. The banner signs in downtown Iowa City are 31" x 84". The banner signs within
the Civic Center are 36" x 96". The banner signs at Gateway One Plaza are 30" x 60", slightly
smaller than the downtown Iowa City signs. Staff recommends that identification banner signs
should be permitted to be no larger than 3 feet wide and 6 feet tall (36" x 72"). While this is a
little smaller than the signs being used in downtown Iowa City, it is an appropriate size for
multiple signs on a private commercial property.
Downtown Iowa City banner sign
STAFF RECOMMENDATION
Staff recommends that Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," be
amended to allow identification banner signs in large parking areas as follows:
14-60-2, Definitions, be amended to include the definition of an identification banner sign.
IDENTIFICATION BANNER: A sign of canvas, nylon, or other durable material that is
permanently affixed to a light pole by structural members on the top and bottom of the sign (or
two opposite sides), which identifies a multi-business shopping center, not an individual
business.
14-60-5C(2), Provisional signs in the CO-1, CN-1, and R/O zones, be amended to add the
following:
14-60-5C(2)(d): Up to two identification banner signs affixed to each shopping center parking
area light pole, provided the parking area contains a minimum of 200 parking spaces, each
banner sign is no more than three (3) feet wide and six (6) feet tall, each banner sign is
consistent in appearance and size, the bottom of the sign is no less than ten (10) feet and the
top of the sign is no higher than twenty (20) feet above grade, and the permit for the banner sign
is given for no more than one (1) year. The permit will be renewable if the banner signs are in
.good condition or replaced with new banner signs.
14-60-5D(2), Provisional signs in the CH-1, CC-2, and C1-1 zones, be amende~l to add the
following:
14-60-5D(2)(e): Up to two identification banner signs affixed to each shopping center parking
area light pole, provided the parking area contains a minimum of 200 parking spaces, each
banner sign is no more than three (3) feet wide and six (6) feet tall, each banner sign is
consistent in appearance and size, the bottom of the sign is no less than ten (10) feet and the
top of the sign is no higher than twenty (20) feet above grade, 'and the permit for the banner sign
is given for no more than one (1) year. The permit will be renewable if the banner signs are in
good condition or replaced with new banner signs.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
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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 28th day of
September, 1999, in the Civic Center
Council Chambers, 410 E. Washington
Street, Iowa City, Iowa, at which hearing the
Council will consider:
1. An ordinance amending Title 14,
Chapter 6, Zoning, to allow banner signs in
pping centers.
(~An ordinance amending Title 14,
Chapter 6, Zoning, to amend the provisions
relating to home occupations.
3. An ordinance amending Title 14,
Chapter 6, Zoning, to allow public utilities in
commercial and industrial zones.
Copies of the proposed ordinances are
on file for public examination in the office of
the City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARlAN K. KARR, CITY CLERK
ppdadmin\pzccphn.doc
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Sb'eet, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14,
CHAPTER 6, ENTITLED "ZONING", ARTICLE M,
ENTITLED "ACCESSORY USES" AND
BUILDINGS", AND ARTICLE V, ENTITLED "MINOR
MODIFICATION PROCEDURES", TO AMEND THE
CONDITIONS RELATED TO HOME OCCUPATION
USES, AND TO ALLOW ONE-RESIDENT
EMPLOYEE FOR A HOME OCCUPATION USE.
WHEREAS, the Iowa City City Council finds that
home occupations can be accommodated within
residential zones and can allow for small business
growth when adequate conditions as provided to
insure the home occupation use does not cause a
nuisance to neighboring properties; and
WHEREAS, uses that have a high potential to cause
noise, odor, visual or other nuisances should be
prohibited in residential zones. These uses include
motor vehicle repair, machine shops, medical and
dental offices, kennels, welding, and mini-storage
uses; and
WHEREAS, limiting the floor area of the home
occupation use to 25% of the gross floor area of the
principle dwelling unit is a condition that will help
ensure the home occupation use stays accessory to
the residential use; and
WHEREAS, although non-resident employees are
generally prohibited, one non-resident employee may
be permitted if approved by the Building Official under
the minor modification criteda and procedures; and
WHEREAS, to qualify as such, a home occupation
use must be located in the primary residence of the
owner and operator of the home occupation use.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SFCTION I. APPROVAl. Chapter 6, 'Zoning",
Article M, entitled 'Accessory Uses and Buildings", be
amended as follows:
14-6M-1B(6) be rescinded and replaced with the
following:
14-6M-1B(6): Home Occupations, provided the
use is located within the dwelling unit or accessory
Ordinance No.
Page 2
building, and the dwelling unit iS the bona fide primary
residence of the owner and operator of the home
occupation in which they reside during non-business
hours, subject to the following conditions:
a. Motor vehicle repair, machine shops, medical and
dental offices, kennels, welding, and mini-storage
facilities are prohibited as home occupation uses. Any
home occupation use which changes the fire safety
reting of the occupancy separation dassificetion
requirements of the structura is prohibited.
b. No commodities may be sold on the premises
except that which is produced on the premises or
accessory to the home occupation conducted on the
premises.
c. The home occupation does not require the paving of
any additional parking spaces, and generetes no
greater volume or type of traffic than that which is
normally expected in a residential neighborhood.
d. There shall be no indication (except a permitted
sign) from the exterior of the dwelling unit or
accessory building, such as noise, smoke, dust, or
outdoor storege of materials, that there is a home
occupation use on the premises. There shall be no
visitors or deliveries to the home occupation use
before 7:00 a.m. or after 10:00 p.m.
e. The home occupation use shall compdse no more
than twenty-five percent (25%) of the gross floor area
of the principle dwelling unit, excluding area devoted
to an attached garage.
f. Non-resident employees are prohibited, except one
non-resident employee may be permitted if approved
by the Building Official as a minor modification to the
home occupation use, according to the procedures in
Section 14-6V, Minor Modification Procedures.
14-6V-3(H) be added as follows:
14-6V-3(H) one non-resident employee for a
home occupation use.
SF:CTION II. RI=Pt::ALFR. AJI ordinances and parts
of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SrCTION III. SFVFRARILITY. If any section,
provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged
invalid or unconstitutional.
SFCTION IV. FFFFCTIVF DATI=. This Ordinance
shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of
,1999.
MAYOR
Ordinance No.
Page 3
ATI'EST:
CITY CLERK
proveo'
City of Iowa City
MEMORANDUM
Date: August 9, 1999
To: Planning and Zoning Commission
From: John Yapp, Associate Planner"?Y
Re:
Office uses in Residential Zones
Home Occupations
It has been on the Planning and Zoning Commission's pending list to research amending the
RM-12 zone to allow limited commercial uses by special exception. This item was placed on
the pending list after the City received a letter from Bill Nowysz requesting such a change
(attached). Staff recommends against opening up the RM-12 zone to non-home occupation
commercial uses, even by special exception. Potential nuisances such as an increase in paving
to accommodate client parking, the potential for an increase in traffic generation, and unfamiliar
people coming and going on a daily basis, all can detract from the residential setting. Allowing
office uses in the RM-12 zone, even on a limited basis, is also counter to the City's policy to
focus commercial uses in downtown, the near south-side, and other core commercial areas.
While doing research for this item, however, staff has come to be of the opinion that the
regulations regarding home occupations should be amended to allow a non-resident employees
to be employed by a home-based business, and to prohibit certain home occupations that are
inappropriate in a residential zone. While staff is recommending that home occupations be
permitted to have an employee, we recommend that the owner of the home occupation be
required to live on the premises. This is the distinction between a home occupation and an
office or business renting space in a residential zone. Requiring the proprietor of the business
to live on the premises helps ensure the primary use of the property is residential.
The first part of this memo will describe why staff is recommending against allowing office uses
in the RM-12 zone. The second part will describe staff's proposal for allowing home
occupations to have one non-resident employee.
The Intent of Mixing Land Uses. Residential uses in the form of multi-family apartments or
condominiums are permitted in all of Iowa City's commercial zones except the Highway
Commercial zone. Residential uses are also permitted in the Residential/Office zone and the
Commercial Office zone. Both of these zones permit a mixture of low intensity office uses and
multi-family residential uses. When a household makes the investment to live in a commercial
zone, they have the expectation of living with higher levels of traffic, unfamiliar persons coming
and going on a daily basis, and perhaps having an office for a neighbor instead of another
household. However, when a household moves into a residential area, even in a multi-family
area, there is an expectation that commercial or office uses will not be mixed into the
neighborhood.
One goal on page 47 of the Comprehensive Plan is to "foster strong community neighborhoods
with a mix of housing, churches, schools, recreation facilities, commercial areas, and historic
landmarks." This emphasis on creating neighborhoods with a mixture and diversity of land uses
is echoed in other parts of the Comprehensive Plan as well. The intent of this policy is to
encourage definable neighborhood commercial centers that are surrounded by, and to a limited
extent may be mixed with residential housing. While residential housing is often mixed into
commercial areas, staff does not believe the intent of the policy is to mix commercial or office
uses in residential areas.
Definable Commercial Centers. The Comprehensive Plan contains policies that encourage
focusing commercial development in defined commercial centers, including small-scale
neighborhood commercial centers. In addition, the Near South-side Development Plan calls for
office and commercial uses to expand to the south of Burlington Street. Opening up even a
limited number of residential zones to some office uses could erode the attempt to focus these
uses in core commercial areas.
Intent of the RM-12 Zone. The intent of the RM-12 zone is to provide for high-density single-
family residential development and low-density multi-family residential development. The intent
of this zone has not necessarily been to serve as a transition zone between commercial districts
and lower density residential areas. The Residential/Office zone (R/O) allows a mixture of low
intensity office and residential uses. If the area around College Green Park, where Mr.
Nowysz's property is located, is appropriate to contain a mixture of office and residential uses, it
would be more appropriate to rezone the area to R/O (Staff has not done an evaluation of such
a rezoning). Amending the zoning code to allow office uses in the RM-12 zone would apply city-
wide.
Conclusion
Allowing office uses in the RM-12 zone (or other residential zones), even if by special exception
and on a limited basis, is contrary to the policy to focus commercial uses in downtown and other
existing commercial areas. Allowing office uses in the RM-12 zone could put pressure on the
City in the future to allow more commercial uses in residential zones. While residential uses are
encouraged in most commercial zones, staff cautions against allowing commercial uses in
residential zones. While a low-intensity office use would likely be fairly innocuous, there is the
potential for abuse or misuse of the residential property. Potential nuisances from commercial
or office uses in a residential zone, when it is not an owner-occupied use, can detract from the
residential setting of the neighborhood. Staff recommends against allowing commercial or office
uses in the RM-12 zone.
HOME OCCUPATIONS
Technology such as personal computers, the internet, and wireless communications are making
it possible for more people to work from home without having a negative impact on their
neighbors. Staff has learned from meeting with the Chamber of Commerce's Home Based
Business Committee that many home occupations would benefit from being able to employ help
for their offices, giving the proprietor of the business more time to focus on the occupation itself.
In fact, many home occupations already employ help for certain jobs; for example, home-based
accountants typically hire help during tax season to process tax forms.
The Comprehensive Plan. The Comprehensive Plan states that "information technologies
have become an important part of the regional and world economy, and will continue to create
more flexibility in the way we work, communicate, and deliver services. The City of Iowa City
should remain cognizant of changing technologies, and should periodically review its codes and
policies to accommodate them." One of the reasons staff is recommending allowing home-
based businesses to have non-resident employees is that information technologies make it
possible to perform some work functions without creating negative externalities. Support
functions like data-entry, phone work, graphic design, word processing, bookkeeping, etc.
should not negatively impact the neighborhood.
Current Regulations. Home occupations are currently permitted in all residential zones as an
accessory use, provided the home occupation is not associated with any of the following:
a. Any commodity sold on the premises, except that produced on the premises or
accessory to the home occupation conducted on the premises.
b. Any disturbance, such as noise, vibration, smoke, dust, odor, heat, or glare beyond
the confines of the dwelling unit or accessory building.
c. Any exterior display, exterior storage of materials, signs, except as otherwise
permitted, house calls after 10 p.m. or before 7 a.m. or other indication from the
exterior that the dwelling unit or accessory building is used for any use other than a
dwelling or accessory building for purely residential purposes.
d. Employees other than those residing on the premises.
The current regulations permit any home occupation, provided the performance standards
outlined in the conditions are met. In theory, the conditions do a good job of ensuring that there
will be little if any negative impact from the home occupation on the surrounding neighborhood.
The current regulations also prohibit employees other than those residing on the premises.
Permitting Non-Resident Employees. Relaxing the zoning regulations to permit one non-
resident employee can benefit home businesses in many ways. Because home occupations
can be an incubator for a business that may expand into commercial space in the future,
allowing an employee gives the business more time to grow before paying commercial rents.
Many jobs can be done from a home business without impacting the neighborhood, such as
phone, computer, or other office-relating functions. For some people with limited mobility,
home-based businesses can provide employment opportunities within the neighborhood.
Staff has been told of instances in other cities where the proprietor of a business will rent an
apartment or small house for an office, and pass it off as a 'home occupation' even though no
one lives in the home. Because of this possibility, staff feels it is important to clarify in the
zoning code that the owner of the home occupation lives on-site, even for low-intensity office
uses. This helps ensure the primary use of the property is residential and that the owner
maintains the home as a residence.
Prohibiting Certain Uses. Certain uses which have caused complaints in Iowa City in the past
and which are clearly inappropriate in a residential area should be prohibited in residential
zones. These uses include motor vehicle repair, machine shops, medical and dental offices,
kennels, welding, and mini-storage facilities. These uses typically need specialized equipment
or facilities more appropriate for commercial areas, and generate by-products such as noise,
fluids, or waste by-products inappropriate for residential neighborhoods. There should also be
language included in the home occupations conditions that prohibit uses that would change the
fire rating or the occupancy load of the structure. This will limit home occupation uses that may
cause a fire hazard, or which may require commercial-style structural alterations to the home.
Traffic Issues. One of the most common concerns associated with home occupation uses is
the chance they will generate more traffic than is appropriate for a residential neighborhood.
Limiting traffic associated with a home occupation is difficult to enforce, because every
household in a neighborhood has the potential to accept deliveries, have music teachers or
house cleaners, and have visitors on a daily basis. Language should be added to the zoning
code that states the home occupation use will not generate any need for additional parking
spaces, nor any greater volume or type of traffic than is normally expected in a residential
neighborhood. While this kind of condition is difficult to quantify and enforce, it gives the City
some leverage if the home occupation is generating large amounts of traffic, or types of vehicles
that are not normally expected in a residential neighborhood.
Size Limitation. Currently there is no size limit for the area of the property the home-based
business occupies. A size limit would give the building enforcement staff an easier way to
quantify whether or not the business use has become more than accessory to the residential
use. Staff proposes that the home occupation use comprise an area equal to no more than
25% of the gross floor area of the principal dwelling unit, excluding area devoted to attached
garages. Using 25% of the gross area of the principal dwelling unit is a fairly common
benchmark in other cities as the point at which the occupation is no longer accessory to the
residential use of the home.
Permit Non-Resident Employees as a Minor Modification: If the Zoning Code is amended to
allow home occupations to have one non-resident employee, the use may have a greater
intensity than would be possible without an employee. Permitting a home occupation to have a
non-resident employee under the minor modification procedure allows some administrative
review of the home-based business, and property owners within 200' are notified and given the
opportunity to comment. The Building Official can determine whether allowing a non-resident
employee, and intensifying the business, would be a detriment to neighboring properties. While
some home occupations currently employ help now without getting a permit and, for the most
part, without neighborhood complaints, requiring some administrative review will help screen
potentially troublesome home-based businesses.
The Building Official has the power in the Minor Modifications Procedures chapter to revoke or
modify a minor modification if the use later proves to be detrimental to the public health, safety
or welfare or constitutes a nuisance.
STAFF RECOMMENDATION:
Staff recommends that Section 14-6M-1A(7) be rescinded and replaced with the following:
Home Occupations, provided the use is located within the dwelling unit or accessory
building, and the dwelling unit. is the bona fide primary residence of the propriotor owner
and operator of the home occupation in which they reside during non-business hours,
subject to the following conditions:
a. Motor vehicle repair, machine shops, medical and dental offices, kennels, welding,
and mini-storage facilities are prohibited as home occupation uses. Any home
occupation use which changes the fire safety rating or the occupancy separation
classification requirements of the structure is prohibited.
b. No commodities shall be sold on the premises, except that which is produced on the
premises or accessory to the home occupation conducted on the premises.
c. The home occupation does not require the paving of any additional parking spaces,
and generates no greater volume or type of traffic than that which is normally
expected in a residential neighborhood.
d. There shall be no indication (except a permitted sign) from the exterior of the
dwelling unit or accessory building, such as noise, smoke, dust, or outdoor storage of
materials, that there is a home occupation use on the premises. There shall be no
visitors or deliveries to the home occupation use before 7 a.m. or after 10 p.m.
e. The home occupation use shall comprise no more than twenty five percent (25%) of
the gross floor area of the principal dwelling unit, excluding area devoted to an
attached garage.
f. Non-resident employees are prohibited, except one non-resident employee may be
permitted if approved by the Building Official as a minor modification to the home
occupation use, according to the procedures in Section 14-6V, Minor Modification
Procedures.
Staff recommends that Chapter 6, Zoning, Article V, Minor Modification Procedures, Section 3,
Applicability, be amended to add the following:
H. One non-resident employee for a home occupation use.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
/
STAFF RE, COMMENDATION:
Staff recommends that Section 14-6M-1A(7) be rescinded and replaced with the following:
Home OCCupations, provided the use is located.' within the dwelling unit or accessory
building, a~3d the dwelling unit is the bona fide primary residence of the proprietor of the
home occU'l~,ation in which they reside during non-business hours, subject to the
following coni~tjons:
a. Motor repair, machine shops/'medical and dental offices, kennels, welding,
and mini-~ e facilities are proh'~bited as home occupation uses. Any home
occupation use ~hich changes the fire safety rating or the occupancy separation
classification re, of the. structure is prohibited.
b. No commodities be sold on the premises, except that which is produced on the
premises or the home occupation conducted on the premises.
c. The home occupation s not require the paving of any additional parking spaces,
and generates no volume or type of traffic than that which is normally
expected in a residenti~
d. There shall be no indication except a permitted sign) from the exterior of the
dwelling unit or accessory such as noise, smoke, dust, or outdoor storage of
materials, that there is a home use on the premises. There shall be no
visitors or deliveries to the home ~pation use before 7 a.m. or after 10 p.m.
e. The home occupation use shall corn se no more than twenty five percent (25%) of
the gross floor area of the principal unit, excluding area devoted to an
attached garage. \
f. Non-resident employees are prohibited, e ept one non-resident employee may be
P roced u res.
Staff recommends that Chapter 6, Zoning, Article V, Minor Moi~!fication Procedures, Section 3,
Applicability, be amended to add the following:
H. One non-resident employee for a home occupation use.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
William Nov~sz and Associates
October 5, 1998
Architects
102 South Clinton, #315
Iowa City, Iowa 52240
(319) 338-7002
Karin Franklin
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Karin:
I am asking again to be considered for the re-defining of the RM 12 Zoning to
make it possible for me to use the Carriage House at 215 South Dodge Street
my architect's studio.
I have, at this point, only one employee and would like a smaller place to
practice architecture. Since this space is not utilized for anything but storage, it
seems to me this transition neighborhood could use the added vitality to
preserve underutilized structures.
Enclosed with this letter is a copy of a letter I sent to you on June 22, 1994. I
look forward to hearing from you. Thank you.
Yours very truly,
Bill Nowysz
William Nowysz and Associates
Enclosure
June 22,1994
Karin Franklin
City of Iowa City
410 East Washington Street
Iowa City, la 52240
Dear Karin,
During the past two years, I have been trying to find a way to make use of an under-utilized
property at 215 S. Dodge Street. The property consists of a Carriage House which sits
adjacent to the alley and next to an old house apartment building at 631 East College StreeT.
This building was built during the civil war in about 1865, by James Edmonds, one of the first
politicians from Iowa. The Carriage house built in approximately 1920 has an apartment
upstairs but the main floor is used for storage. I would like to use the Carriage House as an
Architect's Office - Studio. But, at present the use of this property under RM12 zoning for an
office studio is not permitted.
Please consider initiating a re-definition to the RM12 zoning requirements especially as they
apply to historic structures so that a change in the type of use can be allowed and therefore
expanding the type of occupancy permitted in this area. Using existing historic structures more
effectively will insure greater vitality for this transition neighborhood.
Architects offices, bookstores, artists galleries could add the type of mix in this area treat a
transition neighborhood can sustain.
Yours very truly,
WILLIAM NOWYSZ AND ASSOCIATES, ARCHITECTS
William Nowysz, AIA
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 28th day of
September, 1999, in the Civic Center
Council Chambers, 410 E. Washington
Street, Iowa City, Iowa, at which hearing the
Council will consider:
1. An ordinance amending Title 14,
Chapter 6, Zoning, to allow banner signs in
shopping centers.
2. An ordinance amending Title 14,
Chapter 6, Zoning, to amend the provisions
rating to home occupations.
(~haaAn ordinance amending Title 14,
pter 6, Zoning, to allow public utilities in
commercial and industrial zones.
Copies of the proposed ordinances are
on file for public examination in the office of
the City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place o
MARlAN K. KARR, CITY CLERK
ppdadmin\pzccphn.doc
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE
14, CHAPTER 6, ENTITLED "ZONING," ARTICLE
B, ENTITLED "DEFINITIONS," ARTICLE E,
ENTITLED "COMMERCIAL AND BUSINESS
ZONES," AND ARTICLE H, ENTITLED
"INDUSTRIAL ZONES" TO ALLOW UTILITY
SUBSTATION FACILITIES IN COMMERCIAL AND
INDUSTRIAL ZONES
WHEREAS, to accommodate the growth in
telecommunications utilities and other utilities, it is
appropriate to allow substation facilities on private
property in commercial and industrial zones, outside
of public right-of-way; and
WHEREAS, to ensure utility facilities do not
detract from the appearance of retail-oriented
commercial property and do not inhibit future
development of commercial property, their design
and location will be reviewed by the Board of
Adjustment; and
WHEREAS, in industrial and intensive
commercial zones, utility substation facilities will be
permitted by right, subject to screening
requirements; and
WHEREAS, utility facilities located inside an
existing building in a commercial or industrial zone
will be permitted without screening requirements or
Board of Adjustment review, provided the principle
use of the building is a permitted use in the zone.
NOW, THEREFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SFCTION I. APPROVAL. Chapter 6, entitled
"Zoning," Article B, entitled "Definitions" be amended
to add the following:
UTILITY SUBSTATION FACILITY: An
assemblage of equipment used for the purpose of
changing the strength, volume, or configuration of
the utility flow from a bulk quantity to smaller
quantities to be used in the local distribution system.
Utility substation facilities include but are not limited
to electdc substations, gas regulator stations,
telecommunications switching and relay facilities,
and water and sewer pumps or lift stations.
Chapter 6, entitled "Zoning," Article E, entitled
"Commercial and Business Zones" be amended to
allow outdoor utility substation facilities as a special
exception in the CO-1, CN-1, CH-1, CC-2, CB-2,
Ordinance No.
Page 2
CB-5, and CB-10 zones by amending the following
listed sections as follows:
14-6E-1D(10),14-6E-2D(10), 14-6E-3D(3), 14-
6E-5D(9), 14-6E-6D(6). 14-6E-7D(6), 14-6E-8D(7):
Utility substation facilities, according to the
requirements of Article L of this chapter.
Chapter 6, entitled "Zoning," Article E. entitled
"Commercial and Business Zones" be amended to
allow utility substation facilities within existing
buildings as a provisional use in the CO-1, CN-1,
CH-1, CC-2, CB-2, CB-5, and CB-10 zones by
amending the following listed sections as follows:
14-6E-1C(5), 14-6E-2C(6), 14-6E-3C(3), 14-6E-
5C(4), 14-6E-6C(5), 14-6E-7C(5), 14-6E-8C(7):
Utility substation facilities within existing buildings,
provided the substation facility is completely
enclosed and there is no indication from the exterior
of the building of the substation facility, and the
principal use of the building is a use permitted in this
Zone.
Chapter 6, entitled "Zoning," Article E, entitled
"Commercial and Business Zones" and Article H.
entitled "Industrial Zones" be amended to allow utility
substation facilities as a provisional use with
screening requirements in the intensive commercial
and industrial zones by amending the following listed
sections as follows:
14-6E-4C(6), 14-6H-1C(6), 14-6Ho2C(3): Utility
substation facilities, subject to the substation facility
being screened from the public right-of-way and
from residential zones according to the screening
requirements in Section 14-6S, or by a decorative
fence or wall approved by city staff.
Chapter 6, entitled "Zoning," Article L, entitled
"Provisional Uses, Special Exceptions, and
Temporary Uses" be amended to add the following:
14-6L-1W: Utility Substation Facilities
1. The utility substation facility shall be
screened from the public right-of-way and from
residential zones according to the screening
requirements in Section 14-6S, or by a d,.ecorative
fence or wall approved by the Board of Adjustment.
2. When considering the utility substation
facility request, the Board of Adjustment shall
consider the compatibility of the facility in terms of
size, scale, location, and design in relation to
surrounding structures and uses. For utility
structures located in highly visible areas, the Board
may consider requiring a brick farfade. Water and
sewer pumps or lift stations approved by the city as
part of subdivision or construction plan approval do
not require Board of Adjustment consideration.
SF:CTION II. REPFAI FR. All ordinances and
parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SFCTION III. SFVF:RABILITY. If any section,
provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
Ordinance No.
Page 3
whole or any section, provision or pad thereof not
adjudged invalid or unconstitutional.
SFCTION IV. FFFFCTIVF DATF. This Ordi-
nanco shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this day of
,1999.
MAYOR
ATI'EST:
CITY CLERK
C '~'s/~~_;~
pf:x:l~lrnin~:~a~indu~.doc
City of Iowa City
MEMORANDUM
Date: August 27, 1999 (for September 2 meeting)
To: Planning and Zoning Commission
From: John Yapp, Associate Planner
Re: Public Utilities
A number of issues were discussed at the August 19 Planning and Zoning Commission meeting
which require further research or clarification by staff.
Type of utility facility to be regulated. Staffs proposal to allow public utility facilities on
commercial and industrial private property does not apply to utility functions that are part of the
utility distribution system. The distribution system consists of local service lines, cables, wires,
or pipes, and associated hardware. Utilities part of the distribution system are accessory and
incidental to development, and are approved as part of subdivision plats and construction plans.
Utility hardware associated with tho local distribution system
The intent of staffs proposal is to allow substation facilities, which are not accessory to the local
distribution system, on private property. The function of a substation facility is typically to
reduce the strength, volume, or configuration of the utility flow from a bulk quantity to smaller
quantities in the local distribution system. Substation facilities can include electric substations,
gas regulator stations, telecommunications switching and relay facilities, and water and sewer
pumps or lift stations. To clarify the intent to apply screening and design requirements only to
utility substation facilities, staff proposes adding a definition to the zoning code for utility
substation facilities.
Aesthetic considerations. At the August 19 meeting, the Commission discussed having more
design and aesthetic requirements for utility facilities. Staff had proposed that the utility facilities
be screened from the view of the public right-of-way and residential uses by vegetative or
masonry screening. Representatives of McLeod USA stated their preference for consistent
design guidelines, if any were adopted. The difficulty with developing consistent design
guidelines is that different types of utilities have very different appearances and sizes, and may
or may not be enclosed in structures. While staff can offer some guidance and criteria for the
Board of Adjustment to use when reviewing a substation proposal, staff cannot give specific
design standards for utility facilities. This is because the requirements will apply to all types of
utilities, which have very different appearance and requirements. While a brick fa?,ade may be
appropriate for a telecommunications switching and relay facility, it may not be appropriate for a
gas regulator station.
Staff proposes that the Board of Adjustment review the exterior appearance of the utility
substation facility and consider the compatibility of the facility in terms of size, scale, location,
and design in relation to surrounding structures and uses. Specifically, the utility substation
facility should be screened from view from the public right-of-way and residential zones by
vegetative screening according to the screening requirements in Section 14-68 (pyramidal arbor
vitae, being three feet high upon planting, spaced four feet on center, or other evergreen
varieties approved by the City Forester), or by a decorative fence or wall approved by the
Board. For enclosed utility structures located in highly visible areas, the Board may consider
requiring a brick fa~;ade.
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Utility substation facility with vegetative screen:~ng
Utility facilities located inside an existing building. The intent requiring Board of Adjustment
review of the screening and design of the utility substation facility is to mitigate any potential
'negative externalities' caused by the facility. If the facility is located inside an existing
commercial or industrial facility, there should not be any aesthetic or screening issues to review.
For example, it is somewhat common for telecommunication switching and relay facilities to be
located inside a building. Staff will clarify in the proposed code amendment that the design,
screening, and Special Exception requirements are only for utility substation facilities located
outdoors, or in an independent structure.
STAFF RECOMMENDATION
Staff recommends that a definition be added to Zoning Code Section 14-6B-2, Definitions:
UTILITY SUBSTATION FACILITY: An assemblage of equipment used for the purpose of
changing the strength, volume, or configuration of the utility flow from a bulk quantity to smaller
quantities to be used in the local distribution system. Utility substation facilities include but are
not limited to electric substations, gas regulator stations, telecommunications switching and
relay facilities, and water and sewer pumps or lift stations.
Staff recommends that utility substation facilities be permitted in the I-1, I-2, and C1-1 zones as a
provisional use, subject to substation facilities located outdoors or in an independent structure
being screened from the public right-of-way and from residential zones according to the
screening requirements in Section 14-6S, or by a decorative fence or wall approved by city staff.
Staff recommends that utility substation facilities be permitted in the CO-1, CN-1, CH-1, CC-2,
CB-2, CB-5, and CB-10 zones by special exception subject to substation facilities located
outdoors or in an independent structure being screened from the public right-of-way and from
residential zones according to the screening requirements in Section 14-6S, or by a decorative
fence or wall approved by the Board of Adjustment. When considering the utility substation
facility request, the Board shall consider the compatibility of the facility in terms of size, scale,
location, and design in relation to surrounding structures and uses. For enclosed utility
structures located in highly visible areas, the Board may consider requiring a brick facade.
Water and sewer pumps or lift stations approved by the city as part of a subdivision or
construction plan approval do not require Board of Adjustment consideration.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
August 19, 1999
Planning and Zoning Commission
John Yapp, Associate Planner"7/,/
Public Utilities in Non-Public Zones
Prior to 1994, public utility facilities were permitted by special exception in all zones. In 1994
when the zoning code was recodified into a different format, public utilities were dropped from
the list of allowed uses. This has also created a situation where a public utility cannot legally
use any private property in a non-public zone to establish new equipment stations, electric utility
substations, or similar uses.
Recently McLeod USA approached the City to look for locations for Remote Terminal (RT) sites
to support fiber optic networks. These RT sites are typically located in prefabricated structures
approximately 10'x16'xS' (see attached example), and contain electronics, battery backup
systems, and associated equipment required for telephone transmission of voice and data.
When reviewing the zoning code, these types of facilities or equipment buildings are not
permitted on private property in a non-public zone.
Given the growth of communication utilities and the need for local businesses and industries to
be able to take advantage of new utilities and technologies, staff believes it is appropriate to
allow public utility facilities in commercial and industrial zones. Utility functions purely accessory
to a specific business or building are not affected by these proposed amendments. Similarly,
utility fundions located in the public right-of-way will not be affected.
Industrial and Intensive Commercial Zones. Staff proposes that public utility equipment
facilities be permitted in the industrial and intensive commercial zones as a provisional use,
subject to vegetative or masonry screening of the facility from the public right-of-way and from
any residentially zoned area. This is consistent with the intent of the I-1 and C1-1 zones, which
are intended to provide for industrial type development (I-1 and I-2 zones), or for developments
which are characterized by outdoor display, or operations in buildings not completely enclosed.
This would allow facilities such as McLeod USA's RT sites, electric substations,
telecommunications equipment sheds, or similar uses to locate in the I-1, I-2, or C1-1 zones with
some screening requirements.
Other Commercial Zones. Public utilities should be permitted in other commercial zones by
special exception, with the Board of Adjustment needing to approve the location, site design,
and screening of the public utility facility. The special exception requirement will allow for extra
scrutiny of the utility facility location and design. This extra scrutiny is warranted in more retail-
oriented commercial zones to avoid, for example, an electric substation in the middle of a
parking lot, which, even with screening, would not be appropriate. The criteria by which the
Board would judge a public utility location request should include that the utility be in a location
which minimizes the impact on adjacent commercial uses, be screened from view by vegetative
or masonry screening, and does not inhibit future development of commercial uses on the
property.
STAFF RECOMMENDATION
Staff recommends that public utilities be permitted in I-1, I-2, and C1-1 zones as a provisional
use, subject to the utility being screened from the public right-of-way and from residential zones
by vegetative screening according to the screening requirements in Section 14-6S, or by
masonry screening or alternative vegetative screening approved by city staff.
Staff recommends that public utilities be permitted in the CO-1, CN-1, CH-1, CC-2, CB-2, CB-5,
and CB-10 zones by special exception, provided that the utility is screened from view of the
public right-of-way and residential uses by vegetative or masonry screening, is located so that
use of adjacent commercial properties is not negatively impacted, and will not impede future
development or redevelopment of commercial uses on the property.
Approved by:
Ro~,e~nio~Planner
Department of Planning and
Community Development
Prepared by: David Schoon, Economic Development
Coordinator, 410 E. Washington St., Iowa City, IA
52240 (319) 356-5236
NOTICE OF PUBLIC HEARING FOR
SEPTEMBER 28 ON AN AMENDED NEAR
SOUTHSIDE COMMERCIAL URBAN
REVITALIZATION PLAN FOR AN URBAN
REVITALIZATION AREA IN THE CITY OF
IOWA CITY, IOWA.
The City Council of the City of Iowa City,
Iowa, will hold a public hearing before itself at its
meeting which commences at 7:00 p.m. on
September 28, 1999 in the Council Chambers,
Civic Center, Iowa City, Iowa to consider
adoption of an amendment to the Near
Southside Commercial Urban Revitalization Plan
to expand the definition of projects eligible for
property tax exemption within an Urban
Revitalization area in the City of Iowa City, Iowa
which includes the area described as follows:
Block 102 and 103 of Original Town; O.L. 24
of S.J. Johnson Subdivision; Block 2,
Berryhill and Pierce Addition; the east 170
feet of Block 101, Original Town; the east 25
feet of the north 130 feet of the west 150 feet
of Block 101, Original Town; Lots 2-8, Block
5, Lyon's First Addition; the west 91.70 feet of
Lot 1, Block 19, County Seat Addition and all
of Lots 2, 3, and 4 east of Ralston Creek,
Block 20, County Seat Addition.
A copy of the Plan is on file for public
inspection in the office of the City Clerk, Civic
Center, Iowa City, Iowa.
Any person or organization desiring to be
heard shall be afforded an opportunity to be
heard at such hearing.
This notice is given by order of the City
Council of Iowa City, Iowa, as provided by
Section 403.5 of the City Code of Iowa.
-Dated this ~-0th
day of
September ,1999.
' Ci~'lerk, Iowa City, Iowa
ecodev/nph-urba.doc
NOTICE OF PUBLIC HEARING ON INTENT TO
PROCEED WITH A PUBLIC IMPROVEMENT
PROJECT, AND TO ACQUIRE PROPERTY
RIGHTS FOR THE LONGELLOW-TWAIN
PEDESTRIAN TUNNEL PROJECT IN THE CITY
OF IOWA CITY, IOWA
TO ALL TAXPAYERS IN THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on its intent to
proceed with a public improvement project and
to acquire property rights for the Longfellow-
Twain Pedestrian Tunnel project in said City at
7:00 p.m. on the 28t" day of September,
1999, said meeting to be held in the Council
Chambers in the Civic Center in said City, or if
said meeting is cancelled, at the next meeting
of the City Council thereafter as posted by the
City Clerk.
Documentation of the proposed location of
said improvements is now on file in the office
of the City Clerk in the Civic Center in Iowa
City, Iowa, and may be inspected by any
interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments
concerning said intent to proceed with and to
acquire property rights for said public
improvement project.
This notice is given by order of the City
Council of the City of Iowa City, Iowa, and as
provided by law.
MARlAN K. KARR, CITY CLERK
pwen~lngtwain.doc
NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS
WHICH MAY BE NEEDED FOR THE
LONGFELLOW-TWAIN PEDESTRIAN
TUNNEL PROJECT
TO: Church of Christ, Attn: J. L.
Presson, 1320 Kirkwood Avenue, Iowa
City, IA 52240; Jerry Wear, 3751 Forest
Gate Drive, Iowa City, IA 52240;
MidAmerican Energy Co., Attn: Terry
Smith, 1630 Lower Muscatine Avenue,
Iowa City, IA 52240; Hawkeye Land Co.,
500 Stickle Drive NE, PO Box 5399,
Cedar Rapids, IA 52406-5399; DM
Rentals, Attn: Mike Diers, 907 Maggard
Street, Iowa City, IA 52240; Robert
Woodburn, 3109 Court Street, Iowa City,
IA 52245; Iowa Interstate Railroad Ltd.,
2920 Industrial Park Road, Iowa City, IA
52240; Heartland Rail Corporation, c/o T.
Scott Bannister, 1300 Des Moines
Building, 405 6th Avenue, Des Moines, IA
50309
Under the provisions of House File 476,
enacted by the General Assembly and
signed by the Governor during the 1999
Legislative Session, a governmental body
which proposes to acquire property rights
under power of eminent domain for a
public improvement project is required to
give notice of intent to commence the
project to all property owners whose
properties may be affected. (See new
Sections 6B.2A and 6B.2B of the Iowa
Code)
1. DESCRIPTION OF THE PROJECT;
INTENDED USE OF PRIVATE PROPERTY
WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-
identified property owners that the City
Council of the City of Iowa City will
consider authorizing the commencement
of a project to construct a pedestrian
tunnel under the Iowa Interstate Railroad
tracks to connect the Longfellow School
neighborhood and the Mark Twain School
neighborhood; construct paved trails to
connect the pedestrian tunnel; and
possibly install a bridge over Ralston
Creek, which project is known as the
Longfellow-Twain Pedestrian Tunnel
Project.
Property rights acquired for the project will
be used for:
· Construction of a pedestrian tunnel
· Installation of lighting for the tunnel
· Construction of trails to connect to the
tunnel
· Possible construction of a pedestrian
bridge over Ralston Creek
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 Johnson County property records, it
appears that properties or portions of
properties owned 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 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
locations 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.
3. CITY PROCESS TO DECIDE TO
PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY
COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY
FOR PUBLIC INPUT.
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 proceed with the
above-described project and to acquire
property rights, the City Council is
required to hold a public hearing, giving
persons interested in the proposed project
the opportunity to present their views
regarding the project, and regarding the
proposed acquisition of property rights for
the project. The public hearing will be held
on the 28th day of September, 1999 in
the City Council Chambers, Civic Center,
410 East Washington Street, Iowa City,
Iowa, commencing at 7:00 p.m. or, if
cancelled, at the next meeting of the City
Council thereafter as posted by the City
Clerk. In order to proceed with this
project and commence the acquisition of
property rights for the project, the City
Council will be required to approve the
project and authorize acquisition of private
property rights by Council resolution. The
City Council is scheduled to consider
adoption of a resolution of the City's
intent to proceed with this project
following the public hearing.
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 needed
for the project by negotiation, the City will
acquire those property rights by
condemnation.
4. STATUS OF PROJECT PLANNING.
The above-described project was identified
for construction as part of the Capital
Improvement Program approved by the
City Council on March 2, 1999 pursuant
to Resolution No. 99-72. The project is
currently scheduled for construction in the
2000 construction season. At this time,
two options are being considered for the
route of this project.
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
this project or to acquire property rights
for the project. This Notice does not
constitute an offer to purchase property
rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the
right to acquire private property, you as
the owner of property have certain rights.
You have the right to:
a. Receive just compensation for the
taking of property. (Iowa Const., Article I,
Section 18)
b. An offer to purchase which may not
be less than the lowest appraisal of the
fair market value of the property. (Iowa
Code § § 6B.45, 6854)
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 10
days before being contacted by the
acquiring agency's acquisition agent. (
Iowa Code §6B.45)
d. When an appraisal is required, an
opportunity to accompany at least one
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE
LONGFELLOW-TWAIN PEDESTRIAN TUNNEL PROJECT
TO:
Church of Christ
Attn: J. L. Presson
1320 Kirkwood Avenue
Iowa City, IA 52240
DM Rentals
Attn: Mike Diers
907 Maggard Street
Iowa City, IA 52240
Jerry Wear
3751 Forest Gate Drive
Iowa City, IA 52240
Robert Woodburn
3109 Court Street
Iowa City, IA 52245
MidAmerican Energy Co.
Attn: Terry Smith
1630 Lower Muscatine Avenue
Iowa City, IA 52240
Hawkeye Land Co.
500 Stickle Drive NE
PO Box 5399
Cedar Rapids, IA 52406-5399
Iowa Interstate Railroad Ltd.
2920 Industrial Park Road
Iowa City, IA 52240
Heartland Rail Corporation
c/o T. Scott Bannister
1300 Des Moines Building
405 6th Avenue
Des Moines, IA 50309
Under the provisions of House File 476, enacted by the General Assembly and signed by the
Governor during the 1999 Legislative Session, a governmental body which proposes to
acquire property rights under power of eminent domain for a public improvement project is
required to give notice of intent to commence the project to all property owners whose
properties may be affected. (See new Sections 6B.2A and 6B.2B of the Iowa Code)
1. DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE
PROPERTY WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-identified property owners that the City
Council of the City of Iowa City will consider authorizing the commencement of a project to
construct a pedestrian tunnel under the Iowa Interstate Railroad tracks to connect the
Longfellow School neighborhood and the Mark Twain School neighborhood; construct paved
trails to connect the pedestrian tunnel; and possibly install a bridge over Ralston Creek,
which project is known as the Longfellow-Twain Pedestrian Tunnel Project.
Property rights acquired for the project will be used for: · Construction of a pedestrian tunnel
· Installation of lighting for the tunnel
· Construction of trails to connect to the tunnel
· Possible construction of a pedestrian bridge over Ralston Creek
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 fights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of Johnson County property records, it appears that properties or
portions of properties owned 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 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
locations 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.
CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
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 fights 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 proceed with the above-described project and to acquire property
rights, the City Council is required to hold a public hearing, giving persons interested in the
proposed project the opportunity to present their views regarding the project, and regarding
the proposed acquisition of property rights for the project. The public hearing will be held
on the 281h day of September, 1999 in the City Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at
the next meeting of the City Council thereafter as posted by the City Clerk. In order to
proceed with this project and commence the acquisition of property rights for the project, the
City Council will be required to approve the project and authorize acquisition of private
property rights by Council resolution. The City Council is scheduled to consider adoption of
a resolution of the City' s intent to proceed with this project following the public hearing.
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
needed for the project by negotiation, the City will acquire those property fights by
condemnation.
3
STATUS OF PROJECT PLANNING.
The above-described project was identified for construction as part of the Capital
Improvement Program approved by the City Council on March 2, 1999 pursuant to
Resolution No. 99-72. The project is currently scheduled for construction in the 2000
construction season. At this time, two options are being considered for the route of this
project.
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 this
project or to acquire property rights for the project. This Notice does not constitute an offer to
purchase property rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 6B.45, 6B54)
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 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code §6B.3(1 ))
f.
If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
g,
A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
6B .4A)
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 §§ 6B.25 and 6B.54(11))
4
Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 6B.33 and 6B.54(10))
j,
Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 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 payments. (Iowa Code §316.9)
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 3 16, 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.
F:\USERS\KJOHNSONXPWXPROJECTSXPINEST\COMMENCE.DOC
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 22, 1999
City Council
John Yapp, Assistant Transportation Planner
Longfellow-Twain Pedestrian Tunnel
Staff has been in the planning stages of a pedestrian tunnel under the Iowa Interstate Railroad
tracks between Summit Street and First Avenue, entitled the Longfellow-Twain Pedestrian
Tunnel. This project was originally requested by representatives of the Longfellow
Neighborhood a number of years ago. The tunnel is intended to provide a safe place for
pedestrians and bicyclists to'cross the railroad tracks traveling between the Longfellow and
Mark Twain school neighborhoods. There is approximately 1¼ miles between Summit Street
and First Avenue, and neighborhood residents and railroad employees report people of all ages
crossing over the tracks between the neighborhoods, which is both unsafe and illegal. Iowa City
has received $196,000 in federal Transportation Enhancement funds, and has $245,000
budgeted for this project in FY00.
Staff has narrowed possible tunnel locations to two, shown as Option 1 and Option 2 on the
attached figure. Option 1 would connect to the Longfellow Manor Trail and Sheridan Avenue on
the nodh side of the railroad, and to Kirkwood and Lower Muscatine Avenues on the south side
of the tracks. A possible addition to Option 1, as shown on the attached map, would be to
include a trail connection from the tunnel east to Pine Street.
Option 2 would connect to H Street on the north side of the tracks, and MidAmerican Energy
property and Lower Muscatine Avenue on the south side of the tracks. A few neighborhood
residents have also asked that a bridge between H Street and 7th Avenue over Ralston Creek
be considered if Option 2 is the chosen alternative. Both options have been evaluated regarding
drainage issues, topography, constructability, surveillance, accessibility, and aesthetics. The
pedestrian tunnel would be of similar construction to our existing pedestrian tunnels under
railroad tracks on the University campus
During the planning stage of this project, staff has contacted all possibly affected property
owners, has met with neighborhood representatives, had a display on the proposed project at
the Longfellow garden walk, and has met with the Parks and Recreation Commission. Recently
at the request of a neighborhood resident, staff placed a display about the proposed project at
the public library. Staff has also sent a newsletter and comment sheet directly to 1,700
households in the Longfellow and Twain school neighborhoods to inform residents of the
proposed project and give them the opportunity to comment.
Neighborhood Response
Of the 94 formal comments received, seventy-nine (84%) of the respondents recommended
Option 1. Six (6%) were against the proposed project altogether, four (4%) were in favor of
Option 2, 4 (4%) were in favor of constructing both pedestrian tunnels, and one (2%) person
recommended reconstructing an old drainage culvert near Pine Street.
The main reasons in favor of Option 1 are that it is more centrally located between the
Longfellow and Mark Twain schools and neighborhoods, it is more visible than Option 2, and it
Longfellow-Twain Pedestrian Tunnel
September 22, 1999
Page 2
provides access to the Longfellow Nature Trail and park area for Twain neighborhood residents.
Many residents have stated their enthusiasm for this project as it will provide a safe place to
walk or bike between the two neighborhoods.
Impacted Property Owner Response
The two affected property owners near Option 1 have expressed a willingness to work with the
City on the proposed project. Two property owners on the north side of the tracks near Option 2
have stated their objections to any pedestrian tunnel or bridge project in that area.
Staff Recommendation
Staff recommends that if the Council approves the resolution to proceed with the Longfellow-
Twain Pedestrian Tunnel Project at the September 28 Council meeting, Option I be the project
location. Option 1 is also favored by a great majority of the neighborhood residents, and is the
option recommended by the Parks and Recreation Commission.
cc: Steve Atkins
Terry Trueblood
Karin Franklin
Jeff Davidson
Marcia Klingaman
Attachment
jccogtp/mem/Iongfell.doc
CITY OF IOWA CITY
OPTION 1
Longfellow Nature Trail & Park Area
Kirkwood Ave
Sheridan Avenue
Jackson St
Longfellow Twain Pedestrian Tunnel
CHURCH OF CHRIST
1320 KIRKWOOD AVENUE · IOWA CITY,
IOWA E22,10
338-8780
September 5, 1999
City of Iowa City
41 0 E. Washington Street
Iowa City, Iowa 52240-1826
Conceming the proposed Longfellow-Twain Pedestrian Tunnel:
Responding to your request for a position concerning this pedestrian tunnel,
the Kirkwood Avenue Board of Trustees would submit these remarks.
The Church of Christ will be cooperative with the City of Iowa City in the selection of
a solution to the two options presented to us in your recent mailing. Our consensus
favors Option # 1 if satisfactory. fair and reasonable arrangements can be agreed to
concerning Church and City property adjustments, property use, and easements.
where appropriate.
After you make a determination that Option # 1 has been selected, which we think is
best for the City, we will be cooperative to discuss details allowing your final plans
to be completed.
In His service,
Bill Brown i Ste~'M~~nn~(
~. L. Presson Bill Robiso~
Trustees for the Congregation
pt0999/a/min
SCHEDULE OF SERVICES
Bible Classes ..................................................9:00 A.M.
A.M. Worship ..............................................10:00 A.M.
P.M. Worship ..................................................6:00 P.M.
Wednesday Bible Study .................................. 7:00 P.M.
August 16, 1999
Mr. John Yapp
410 E. Washington Street
Iowa City IA 52245
Dear Mr. Yapp:
RE: Longfellow-Twain Pedestrian Tunnel
Cost: $245,000
Thank you for your recent letter informing me of the Longfellow-Twain proposed tunnel
project underneath the railroad connecting the two areas of town.
It would be appropriate for you to organize a neighborhood meeting to fully explain the
proposal including the following information:
1. The great need for the expenditure of $245,000 ($196,000 from the Federal
Transportation funds and $49,000 (I assume from our local tax dollars).
2. The environmental impact on the area including the impact of the drainage in
that area, additional traffic in the neighborhoods close to the tunnel.
3. The Iowa City Police Departments stated ability to adequately patrol a tunnel
that seemingly would not be directly connected to a street.
4. The design of the tunnel including lighting to keep it a safe area, keep it clean
and dry during our rainy season and clear of snow in the winter.
5. With easy direct access to the railroad tracks what is to discourage, instead of
encourage, individuals to "walk the tracks"?
Perhaps these questions could be addressed to everyone's satisfaction if you provided us
with a meeting to explain all of the above issues.
I was born and raised on H Street, 2 blocks from the Rock Island Railroad tracks. I have
lived on Spruce Street since 1968 (31 years) and I have had ample opportunity in my
lifetime to observe people crossing the tracks and walking the tracks. I do not believe
that a tunnel will detour people from doing what they have been doing since the railroad
was introduced into the Midwest. If you give people an easy access to the tracks by
proving a path they will be able to use the tracks as their walk way with much greater
ease and frequency whether it is safe and/or illegal or not. This path may also draw more
kids to the tracks to play and explore and to use as a means of travel. The Ralston Creek
(another kid draw) is very close to both of your suggested tunnel areas.
One of the reasons I enjoy living on Spruce Street is that it is a very quiet area where few
people (who don't live in the area) travel either on foot or by bike or car. This tunnel
linking the two areas will encourage people who have no good reason to be in the
neighborhood to come into the area. While the majority of them would be just traveling
through a certain portion may be tempted to begin doing mischief, breaking and entering
or worse. As a single working parent who is gone during the day (as are most of my
neighbors) this is certainly a great concern to me.
Another issue is the safety factor of people traveling through this tunnel not only during
the daylight hours but during the dusky hours and at night. Since neither option appeared
to have direct access to a public street and patrol car protection it may become a
gathering place for drug deals, teens, and/or the homeless. (I know that homeless people
have camped out on the north side of the tracks upon occasion between Option I and
Option II.
The other issue regarding safety, of course, is the fact that there have been at least 2 train
derailments that I know of near Option I in the last couple of years. I would be especially
concerned about anyone near the tunnel or pathway during the passage of any train.
The fact that these tunnels would need to be excavated under the railroad tracks makes
me believe it would be frequently flooded just as the current tunnel at the end of Pine
Street is frequently flooded, has standing pools of water and is moldy.
Of course the issue of upkeep would also be a financial concern to the taxpayer. Once
built the concussion of trains over such a tunnel would require regular funds to keep the
path and tunnel in good repair. Another out of pocket cost to the taxpayer.
As a former jogger, bicyclist and walker I understand the length of time and energy
involved in traveling from one side of the tracks to the other (my parents still live on H
Street and I live on Spruce Street and many times I have walked across First Avenue to
get to their house only 4 blocks away from my home as the crow flies). However people
usually engage in these activities for their exercise and entertainment thus negating the
need to make a shorter more convenient way for people to cross from one side to the
-3-
other. And, don't think for a moment that a kid will walk 2 block out of his way to go
through a safe protected tunnel rather than scamper up and over a relatively flat railroad
bed to get to something that is directly on the other side.
I stress that I believe before any proposal is presented to the City Council you take some
additional time and present this proposal to the people who are most directly impacted by
this project and have a meeting explaining your proposals in full to the people of the two
neighborhoods.
In conclusion at this point in time with the above concerns I have expressed and not
knowing any more about the project other than the sketchy details in your recent letter I
do not agree that the project is either warranted or safe or a good expenditure of tax
dollars for Iowa City.
Sincerely,
S~aron Kay Shapc~Y
1105 Spruce Street
Iowa City IA 52240
September 13, 1999
Sharon Shapcott
1105 Spruce Street
Iowa City, IA 52240
CITY OF I0 l/Ed CITY
Re: Longfellow-Twain Pedestrian Tunnel
Dear Mrs. Shapcott:
In summarizing the comment forms I have received regarding the Longfellow-Twain Pedestrian
Tunnel project, I came across your letter. I would be happy to meet with you and any of your
neighbors to answer questions about the proposed project. I have already met with a group of
neighbors from the Longfellow neighborhood, directly affected property owners, and other
neighborhood residents on an individual basis. The newsletter and comment sheet you received
regarding the proposed project was recommended by other neighborhood residents as a way to
inform residents of this project. Every resident in the neighborhoods on the north and south
sides of the Iowa Interstate Railroad tracks in the vicinity of this proposed project received a
newsletter.
The pedestrian tunnel was recommended a number of years ago by residents of the Longfellow
neighborhood as a means to improve pedestrian access between the north and south sides of
the railroad tracks. As you know, there is 1¼ miles between Summit Street and First Avenue
with no safe pedestrian crossing. The City Council, after hearing about the proposed project
from area residents, placed the project in the Capital Improvements Program for Iowa City.
Approximately two years ago, City staff applied for and received a Transportation Enhancement
Grant of $196,000 for the project. Transportation Enhancement Funds are federal funds
targeted for non-roadway transportation improvements. The remaining 20% of the project costs,
or about $49,000, will come from local funds.
I will attempt to address some of your specific concerns. We have had experience with other
pedestrian tunnels in the area. The interior and exterior entrances to the tunnel will be lighted,
and will be designed to be visible from nearby streets. The surface of the tunnel will be designed
above the 100-year flood plain, and water will drain into Ralston Creek. The existing tunnel you
refer to in your letter was designed as a drainageway, not a pedestrian access. City crews will
maintain the tunnel and trail connection, as they do with other City trails and parks.
Regarding who will use the tunnel, we hope the tunnel will be used by people traveling between
the two neighborhoods, whether they are travelling to Longfellow or Twain school, Sycamore
Mall, to a friends house or if they are just out for some exercise. I agree with you that some
people will continue to cross over the railroad tracks, and while we cannot force people to use
the tunnel instead of climbing the tracks, the tunnel will provide a safe option currently not
available. We have many trails and parks near private homes and yards and crime has not been
a problem. National studies show that crime is much more likely to occur in a parking lot or
street than on a pedestrian trail. As noted above, the area of the tunnel will be illuminated and
visible from the street.
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1026 · (319) 356-5000 · FAX (319) 356-5009
Mrs. Shapcott
September 13, 1999
Page 2
Regarding train derailments, we have existing pedestrian tunnels under railroad tracks in Iowa
City and in surrounding communities. Properly designed pedestrian tunnels do not increase the
risk of a train accident.
Again, I would be happy to meet with you and any of your neighbors regarding this proposed
project. I am in the process of summarizing all comments received, whether they are for or
against the project. So far most neighborhood residents who have sent us comments are in
favor of the project.
The City Council will be determining whether or not to proceed with the design of the project at
their September 28 meeting, which begins at 7:00 p.m. in the Civic Center. You may call me at
356-5247 or Marcia Klingaman, Neighborhood Services Coordinator, at 356-5237, to set up a
meeting, or if you have further comments or questions.
Sincerely,
John Yapp
Assistant Transportation Planner
cc: Marcia Klingaman, Neighborhood Services Coordinator
Jeff Davidson, Transportation Planner
tp5-1jy. doc
ROBERT L. &MARYANNWOODBURN
3109 COURT STREET
IOWA CITY, IOMA52245-3901
(319)-338-5600
Emailrobertwoodburn.msn.com
Iowa City Council
410 East Washington Street
Iowa City, Iowa 52240-1826
Re: Longfellow-Twain Pedestrian Tunnel Option 2
To: All Members:
We own property at the south end of 7th Avenue at the north
side of the railroad tracks at the juncture with H Street.
We are opposed to development of a tunnel under the tracks
at this location and especially to the proposed bridge
across Ralston Creek.
Ralston Creek is an "Attractive Nuisance" for children.
Because this property is private and because of the concern
for children the tenants try to discourage children from
coming on to the property. A public tunnel and/or bridge at
this location would only acerbate the problem. John Yapp
was very vague about the location and structure of the
proposed bridge but most certainly it would result in the
loss of the parking lot and perhaps the duplexes. In
addition 7th Avenue is a very narrow street and parking is
prohibited on one side of the street. Numerous children
play in the streets and miniature skateboards have been
erected which already make this a dangerous area. More
traffic in the area would only compound the problem.
For the aforementioned reasons we are positively against
this proposal.
Robert L. Woodburn
Mary Ann Woodburn
Marian Karr
From:
Sent:
To:
Cc:
Subject:
Ann Freerks [Ann-Freerks@uiowa.edu]
Tuesday, September 28, 1999 4:06 PM
council@iowa-city.org
Marcia_Klingaman@iowa-city.org
Longfellow-Twain Pedestrian Tunnel
Importance: High
Dear City Council Members:
As a representative of the Longfellow Neighborhood Association Board I am
writing to express our support for the Longfellow-Twain Pedestrian Tunnel.
We are very excited about the positive impact this project will have not
just for our neighborhood but for all pedestrians and bicyclists in the
Iowa City area.
This is a step in the right direction toward promoting alternative
transportation, one of the goals of our neighborhoods long range planning.
The neighborhood has been working with city staff for more than two years
to develop plans for this project. During this time I have heard no
opposition from anyone in the Longfellow neighborhood. We have had numerous
meetings and other opportunities to share information about this project
with the community.
City staff has been very careful with regards to concerns about the
construction, aesthetics, safety, and environment. A wise search for funds
has paid off with the receipt of a Transportation Enhancement Grant to
cover $196,000 of the project.
This link between neighborhoods will create a safe bike and pedestrian
crossing through a lengthy area that has not had such a connection and make
park areas accessible to more people. So much hard work and planning has
gone into this project and we are enthused to have such an opportunity for
our children and us.
Sincerely,
Ann Freerks
President, Longfellow Neighborhood Association
NOTICE OF PUBLIC HEARING ON INTENT TO
PROCEED WITH A PUBLIC 'IMPROVEMENT
PROJECT, AND TO ACQUIRE PROPERTY
RIGHTS FOR THE HIGHWAY 6 CORRIDOR
IMPROVEMENT PROJECT IN THE CITY OF
IOWA CITY, IOWA
TO ALL TAXPAYERS IN THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on its intent to
proceed with a public improvement project and
to acquire property rights for the Highway 6
Corridor Improvement project in said City at
7:00 p.m. on the 28th day of September,
1999,. said meeting to be held in the Council
Chambers in the Civic Center in said City, or if
said meeting is cancelled, at the next meeting
of the City Council thereafter as posted by the
City Clerk.
Documentation of the proposed location of
said improvements is now on file in the office
of the City Clerk in the Civic Center in Iowa
City, Iowa, and may be inspected by any
interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments
concerning said intent to proceed with and to
acquire property rights for said public
improvement project.
This notice is given by order of the City
Council of the City of Iowa City, Iowa, and as
provided by law.
MARlAN K. KARR, CITY CLERK
NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS
WHICH MAY BE NEEDED FOR THE
HIGHWAY 6 CORRIDOR IMPROVEMENTS
PROJECT
TO: Nathan B. Zenack, 701 2nd Street,
Fairfield, IA 52556; Henry E. Nathanson,
Amanda Potterfield, Joseph C. Johnston,
PC Box 3400, Iowa City, IA 52244;
Southgate Development Co. Inc., PC Box
1907, Iowa City, IA 52244-1907
Under the provisions of House File 476,
enacted by the General Assembly and
signed by the Governor during the 1999
Legislative Session, a governmental body
which proposes to acquire property rights
under power of eminent domain for a
public improvement project is required to
give notice of intent to commence the
project to all property owners whose
properties may be affected. (See new
Sections 6B.2A and 6B.2B of the Iowa
Code)
1. DESCRIPTION OF THE PROJECT;
INTENDED USE OF PRIVATE PROPERTY
WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-
identified property owners that the City
Council of the City of Iowa City will
consider authorizing the commencement
of a project to make improvements in the
U.S. Highway 6 corridor between the
Iowa River and the intersection with
Sycamore Street. These improvements
will include: storm water drainage system
will be improved by placing storm pipe in
the ditch on the south side and closing the
ditch; installing a sidewalk/bicycle trail
along the corridor on the south side; using
asphalt paving for the shoulders along the
corridor; and installing trees and other
landscaping along the corridor. This
project is to be known as the Highway 6
Corridor Improvements Project.
Property rights acquired for the project will
be used for:
· Construction of storm sewer
· Temporary storage of construction
materials and equipment
· Staging of construction activities
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 Johnson County property records, it
appears that properties or portions of
properties owned 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 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.
3. CITY PROCESS TO DECIDE TO
PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY
COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT;
OPPORTUNITY FOR PUBLIC INPUT.
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 proceed with the
above-described project and to acquire
property rights, the City Council is
required to hold a public hearing, giving
persons interested in the proposed project
the opportunity to present their views
regarding the project, and regarding the
proposed acquisition of property rights for
the project. The public hearing will be held
on the 28th day of September, 1999 in the
City Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa,
commencing at 7:00 p.m. or, if cancelled,
at the next meeting of the City Council
thereafter as posted by the City Clerk. In
order to proceed with this project and
commence the acquisition of property
rights for the project, the City Council will
be required to approve the project and
authorize acquisition of private property
rights by Council resolution. The City
Council is scheduled to consider adoption
of a resolution of the City's intent to
proceed with this project following the
public hearing.
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 needed
for the project by negotiation, the City will
acquire those property rights by
condemnation.
4. STATUS OF PROJECT PLANNING.
The above-described project was identified
for construction as part of the Capital
Improvement Program approved by the
City Council on March 2, 1999 pursuant
to Resolution No. 99-72. The project is
currently scheduled for construction in the
2000 construction season.
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
this project or to acquire property rights
for the project. This Notice does not
constitute an offer to purchase property
rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the
right to acquire private property, you as
the owner of property have certain rights.
You have the right to:
a. Receive just compensation for the
taking of property. (Iowa Const., Article I,
Section 18)
b. An offer to purchase which may not
be less than the lowest appraisal of the
fair market value of the property. (Iowa
Code § § 6B.45, 6B54)
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 10
days before being contacted by the
acquiring agency's acquisition agent. (
Iowa Code §6B.45)
d. When an appraisal is required, an
opportunity to accompany at least one
appraiser of the acquiring agency who
appraises your property. (Iowa Code
§6B.54)
e. Participate in good faith negotiations
with the acquiring agency before the
acquiring agency begins condemnation
proceedings. (Iowa Code §6B.3(1 ))
f. If you cannot agree on a purchase
price with the acquiring agency, a
determination of just compensation by an
impa~ial compensation commission and
the right to appeal its award to district
coup. (Iowa Code §4 6B.4, 6B.7, and
6B.18)
g. A review by the compensation
commission of the necessity for the
condemnation if your prope~y is
agricultural land being condemned for
industry; (Iowa Code 4 6B.4A)
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 prope~y. (Iowa Code 44 6B.25
and 6B.54(11))
i. Reimbursement for expenses
incidental to transferring title to the
acquiring agency. (Iowa Code 44 6B.33
and 6B.54(10))
j. Reimbursement of ce~ain litigation
expenses: (1) if the award of the
compensation commissioners exceeds 110
percent of the acquiring agency's final
offer before condemnation; and (2) if the
award on appeal in cou~ is more than the
compensation commissioner's award.
(Iowa Code 46B.33)
k. At least 90 days written notice to
vacate occupied prope~y. (Iowa Code 4
6B.54(4))
I. Relocation services and payments, if
you are eligible to receive them, and the
right to appeal your eligibility for and
amount of payments. (Iowa Code
4316.9)
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.
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE
HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT
TO:
Nathan B. Zenack
701 2~'d Street
Fairfield, IA 52556
Southgate Development Co. Inc.
PO Box 1907
Iowa City, IA 52244-1907
Henry E. Nathanson
Amanda Potterfield
Jospeh C. Johnston
PO Box 3400
Iowa City, IA 52244
Under the provisions of House File 476, enacted by the General Assembly and signed by the
Governor during the 1999 Legislative Session, a govemmental body which proposes to
acquire property rights under power of eminent domain for a public improvement project is
required to give notice of intent to commence the project to all property owners whose
properties may be affected. (See new Sections 6B.2A and 6B.2B of the Iowa Code)
DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE
PROPERTY WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-identified property owners that the City
Council of the City of Iowa City will consider authorizing the commencement of a project to
make improvements in the U.S. Highway 6 corridor between the Iowa River and the
intersection with Sycamore Street. These improvements will include: adding storm pipe in
the ditch on the south side and closing the ditch; installing a sidewalk/bicycle trail along the
corridor on the south side; using asphalt paving for the shoulders along the corridor; and
installing trees and other landscaping along the corridor. This project is to be known as the
Highway 6 Corridor Improvements Project.
Property rights acquired for the project will be used for: · Construction of storm sewer
· Temporary storage of construction materials and equipment
· Staging of consauction activities
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 Johnson County property records, it appears that properties or
portions of properties owned 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 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
CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
The City has provided funding in its budget for this project, as well as ~mding to acquire any
property fights 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 proceed with the above-described project and to acquire property
rights, the City Council is required to hold a public hearing, giving persons interested in the
proposed project the oppommity to present their views regarding the project, and regarding
the proposed acquisition of property rights for the project. The public hearing will be held
on the 28th day of September, 1999 in the City Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at
the next meeting of the City Council thereafter as posted by the City Clerk. In order to
proceed with this project and commence the acquisition of property rights for the project, the
City Council will be required to approve the project and authorize acquisition of private
property rights by Council resolution. The City Council is scheduled to consider adoption of
a resolution of the City' s intent to proceed with this project following the public heating.
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
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. STATUS OF PROJECT PLANNING.
The above-described project was identified for construction as part of the Capital
Improvement Program approved by the City Council on March 2, 1999 pursuant to
Resolution No. 99-72. The project is currently scheduled for construction in the 2000
construction season.
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 this
project or to acquire property fights for the project. This Notice does not constitute an offer to
purchase property rights.
3
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 6B.45, 6B54)
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 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code §6B.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
g. A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
6B .4A)
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 §§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 6B.33 and 6B.54(10))
j. Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's fmal offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 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 payments. (Iowa Code §316.9)
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.
NOTICE OF PUBLIC HEARING ON INTENT TO
PROCEED WITH A PUBLIC IMPROVEMENT
PROJECT, AND TO ACQUIRE PROPERTY
RIGHTS FOR THE MORMON TREK
BOULEVARD IMPROVEMENTS, HIGHWAY 1
TO ABBEY LANE PROJECT IN THE CITY OF
IOWA CITY, IOWA
TO ALL TAXPAYERS IN THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on its intent to
proceed with a public improvement project and
to acquire property rights for the Mormon Trek
Boulevard Improvements, Highway 1 to Abbey
Lane project in said City at 7:00 p.m. on the
28th day of September, 1999, said meeting to
be held in the Council Chambers in the Civic
Center in said City, or if said meeting is
cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk.
Documentation of the proposed location of
said improvements is now on file in the office
of the City Clerk in the Civic Center in Iowa
City, Iowa, and may be inspected by any
interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments
concerning said intent to proceed with and to
acquire property rights for said public
improvement project.
This notice is given by order of the City
Council of the City of Iowa City, Iowa, and as
provided by law.
MARlAN K. KARR, CITY CLERK
NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS
WHICH MAY BE NEEDED FOR THE
MORMON TREK BOULEVARD
IMPROVEMENTS,
HIGHWAY I TO ABBEY LANE PROJECT
TO: Vincent Rodgers, Padmini
Srinivasan, 2343 Abbey Lane, Iowa City,
IA 52246; Connie J. Clark, Glenda Kay
Kendall, 2342 Plaen View Drive, Iowa
City, IA 52246; New Life Fitness World,
Inc., 3950 Wilson Avenue SW, Cedar
Rapids, IA 52404; Mercantile Bank, 204
E. Washington Street, Iowa City, IA
52240; Grandview Ct. Apts. Partnership,
2346 Mormon Trek Boulevard, Iowa City,
IA 52246; Chezik Holding Company,
2343 Mormon Trek Boulevard, Iowa City,
IA 52246; Moreland Development Co.
L.C., 1476 S. First Avenue, Iowa City, IA
52240; System Capital Real Property
Corp., PO Box 66207, Chicago, IL 60666;
Kyle J. & Jennifer H. Sherlock, 5 Durango
Place, Iowa City, IA 52246; LeRoy J. &
Lisa M. Nida, 2317 Plaen View Drive,
Iowa City, IA 52246; Daniel Robert &
Kristen L. Rogers, 2352 Catskill Court,
Iowa City, IA 52245; David J. Skorton,
1609 Gryn Drive, Iowa City, IA 52246;
Craig M. & Linda R. Carney, 1615 Gryn
Drive, Iowa City, IA 52246; Hani K.
Elkadi & Ewa J. Bardach, 31 Gryn Court,
Iowa City, IA 52246; Salome Raheim, 43
Gryn Court, Iowa City, IA 52246; Ronald
J. Funk, 140 N. George Street, North
Liberty, IA 52317; Mary J. Mascher, 40
Gryn Court, Iowa City, IA 52246; Linda
F. & Douglas A. Larson, Michael S.
Larson, 1111 Denbigh Drive, Iowa City, IA
52246; Calvin R. Symons, 2065 Little
Creek Lane, Iowa City, IA 52246;
Douglas H. Jones, 2047 Abbey Lane,
Iowa City, IA 52246; All Shahshahan,
Forouzandeh Badri, 1919 Plaen View
Drive, Iowa City, IA 52246; Quality Three
Real Estate LLC, 2466 Rushmore Drive,
Iowa City, IA 52246; Ivan Choi Chun Lit,
Josephine Lee Ching Ma, 1913 Plaen
View Drive, Iowa City, IA 52246; Creg H.
Simpson, 1907 Plaen View Drive, Iowa
City, IA 52246; Cheryl L. Bates, 1901
Plaen View Drive, Iowa City, IA 52246;
Iowa City Korean Baptist Church, 1715
Mormon Trek Boulevard, Iowa City, IA
52246; Johnson County Farm Bureau,
2130 Mormon Trek Boulevard, Iowa City,
IA 52246
Under the provisions of House File 476,
signed by the Governor during the 1999
Legislative Session, a governmental body
which proposes to acquire property rights
under power of eminent domain for a
public improvement project is required to
give notice of intent to commence the
project to all property owners whose
properties may be affected. (See new
Sections 6B.2A and 6B.2B of the Iowa
Code)
1. DESCRIPTION OF THE PROJECT;
INTENDED USE OF PRIVATE PROPERTY
WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-
identified property owners that the City
Council of the City of Iowa City will
consider authorizing the commencement
of a project to widen Mormon Trek
Boulevard to four lane from Abbey Lane
south to Highway 1, construct storm
sewer and improve the intersections of
Westside Drive and Mormon Trek
Boulevard and Highway 1 and Mormon
Trek Boulevard which project is to be
known as Mormon Trek Boulevard
Improvements, Highway 1 to Abbey Lane
Project.
Property rights acquired for the project will
be used for:
· Widening of the existing roadway
· Construction of storm sewer
· Temporary storage of construction
materials and equipment
· Staging of construction activities
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 Johnson County property records, it
appears that properties or portions of
properties owned 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 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.
3. CITY PROCESS TO DECIDE TO
PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY
COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY
FOR PUBLIC INPUT.
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 design now
indicates 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 proceed with the
above-described project and to acquire
property rights, the City Council is
required to hold a public hearing, giving
persons interested in the proposed project
the opportunity to present their views
regarding the project, and regarding the
proposed acquisition of property rights for
the project. The public hearing will be held
on the 28th day of September, 1999 in
the City Council Chambers, Civic Center,
410 East Washington Street, Iowa City,
Iowa, commencing at 7:00 p.m. or, if
cancelled, at the next meeting of the City
Council thereafter as posted by the City
Clerk. In order to proceed with this
project and commence the acquisition of
property rights for the project, the City
Council will be required to approve the
project and authorize acquisition of private
property rights by Council resolution. The
City Council is scheduled to consider
adoption of a resolution of the City's
intent to proceed with this project
following the public hearing.
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 needed
for the project by negotiation, the City will
acquire those property rights by
condemnation.
4. STATUS OF PROJECT PLANNING.
The above-described project was identified
for construction as part of the Capital
Improvement Program approved by the
City Council on March 2, 1999 pursuant
to Resolution No. 99-72. The project is
currently scheduled for construction in the
2000 construction season.
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
this project or to acquire property rights
for the project. This Notice does not
constitute an offer to purchase property
rights.
6, STATEMENT OF RIGHTS,
Just as the law grants certain entities the
right to acquire private property, you as
the owner of property have certain rights.
You have the right to:
a. Receive just compensation for the
taking of property. (Iowa Const., Article I,
Section 18)
b. An offer to purchase which may not
be less than the lowest appraisal of the
fair market value of the property. (Iowa
Code § § 6B.45, 6B54)
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 10
days before being contacted by the
acquiring agency's acquisition agent. (
Iowa Code §6B.45)
d. When an appraisal is required, an
opportunity to accompany at least one
appraiser of the acquiring agency who
appraises your property. (Iowa Code
§6B.54)
e. Participate in good faith negotiations
with the acquiring agency before the
acquiring agency begins condemnation
proceedings. (Iowa Code §6B.3(1 ))
f. If you cannot agree on a purchase
price with the acquiring agency, a
determination of just compensation by an
impartial compensation commission and
the right to appeal its award to district
court. (Iowa Code §§ 6B.4, 6B.7, and
6B.18)
g. A review by the compensation
commission of the necessity for the
condemnation if your property is
agricultural land being condemned for
industry; (Iowa Code § 6B.4A)
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 §§ 6B.25
and 6B.54(11))
i. Reimbursement for expenses
incidental to transferring title to the
acquiring agency. (Iowa Code §§ 6B.33
and 6B.54(10))
j. Reimbursement of certain litigation
expenses: ( 1 ) if the award of the
compensation commissioners exceeds 110
percent of the acquiring agency's final
offer before condemnation; and (2) if the
award on appeal in court is more than the
compensation oommissioner's award.
(Iowa Code §6B.33)
k. At least 90 days written notice to
vacate occupied property. (Iowa Code §
6B.54(4))
I. Relocation services and payments, if
you are eligible to receive them, and the
right to appeal your eligibility for and
amount of payments. (Iowa Code
§316.9)
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.
Ma~ri'K. Karr, City Clerk
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE
MORMON TREK BOULEVARD IMPROVEMENTS,
HIGHWAY 1 TO ABBEY LANE PROJECT
TO:
Vincent Rodgers
Padmini Srinivasan
2343 Abbey Lane
Iowa City, IA 52246
Connie J. Clark
Glenda Kay Kendall
2342 Plaen View Drive
Iowa City, IA 52246
New Life Fitness World, Inc.
3950 Wilson Avenue SW
Cedar Rapids, IA 52404
Mercantile Bank
204 E. Washington Street
Iowa City, IA 52240
Grandview Ct. Apts. Partnership
2346 Mormon Trek Boulevard
Iowa City, IA 52246
Chezik Holding Company
2343 Mormon Trek Boulevard
Iowa City, IA 52246
Moreland Development Co. L.C.
1476 S. First Avenue
Iowa City, IA 52240
System Capital Real Property Corp.
PO Box 66207
Chicago, IL 60666
Kyle J. & Jennifer H. Sherlock
5 Durango Place
Iowa City, IA 52246
LeRoy J. & Lisa M. Nida
2317 Plaen View Drive
Iowa City, IA 52246
David J. Skorton
1609 Gryn Drive
Iowa City, IA 52246
Craig M. & Linda R. Camey
1615 Gryn Drive
Iowa City, IA 52246
Hani K. Elkadi & Ewa J. Bardach
31 Gryn Court
Iowa City, IA 52246
Salome Raheim
43 Gryn Court
Iowa City, IA 52246
Ronald J. Funk
140 N. George Street
North Liberty, IA 52317
Mary J. Mascher
40 Gryn Court
Iowa City, IA 52246
Linda F. & Douglas A. Larson
Michael S. Larson
1111 Denbigh Drive
Iowa City, IA 52246
Calvin R. Symons
2065 Little Creek Lane
Iowa City, IA 52246
Douglas H. Jones
2047 Abbey Lane
Iowa City, IA 52246
Ali Shahshahan
Forouzandeh Badri
1919 Plaen View Drive
Iowa City, IA 52246
Daniel Robert & Kristen L. Rogers
2352 Catskill Court
Iowa City, IA 52245
Quality Three Real Estate LLC
2466 Rushmore Drive
Iowa City, IA 52246
2
Ivan Choi Chun Lit
Josephine Lee Ching Ma
1913 Plaen View Drive
Iowa City, IA 52246
Creg H. Simpson
1907 Plaen View Drive
Iowa City, IA 52246
Iowa City Korean Baptist Church
1715 Mormon Trek Boulevard
Iowa City, IA 52246
Johnson County Farm Bureau
2130 Mormon Trek Boulevard
Iowa City, IA 52246
Cheryl L. Bates
1901 Plaen View Drive
Iowa City, IA 52246
Under the provisions of House File 476, enacted by the General Assembly and signed by the
Governor during the 1999 Legislative Session, a govemmental body which proposes to
acquire property rights under power of eminent domain for a public improvement project is
required to give notice of intent to commence the project to all property owners whose
properties may be affected. (See new Sections 6B.2A and 6B.2B of the Iowa Code)
1. DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE
PROPERTY WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-identified property owners that the City
Council of the City of Iowa City will consider authorizing the commencement of a project to
widen Mormon Trek Boulevard to four lane from Abbey Lane south to Highway 1, construct
storm sewer and improve the intersections of Westside Drive and Mormon Trek Boulevard
and Highway 1 and Mormon Trek Boulevard which project is to be known as Mormon Trek
Boulevard Improvements, Highway 1 to Abbey Lane Project.
Property rights acquired for the project will be used for: · Widening of the existing roadway
· Construction of storm sewer
° Temporary storage of construction materials and equipment
· Staging of construction activities
®
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 Johnson County property records, it appears that properties or
portions of properties owned 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 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
3
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.
CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
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 design now indicates 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 proceed with the above-described project and to acquire property
rights, the City Council is required to hold a public hearing, giving persons interested in the
proposed project the opportunity to present their views regarding the project, and regarding
the proposed acquisition of property rights for the project. The public hearing will be held
on the 281h day of September, 1999 in the City Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at
the next meeting of the City Council thereafter as posted by the City Clerk. In order to
proceed with this project and commence the acquisition of property rights for the project, the
City Council will be required to approve the project and authorize acquisition of private
property rights by Council resolution. The City Council is scheduled to consider adoption of
a resolution of the City's intent to proceed with this project following the public heating.
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
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. STATUS OF PROJECT PLANNING.
The above-described project was identified for construction as part of the Capital
Improvement Program approved by the City Council on March 2, 1999 pursuant to
Resolution No. 99-72. The project is currently scheduled for construction in the 2000
construction season.
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 this
project or to acquire property rights for the project. This Notice does not constitute an offer to
purchase property rights.
4
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 6B.45, 6B54)
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 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code § 6B. 3 ( 1 ))
If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
6B.4A)
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 §§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 6B.33 and 6B.54(10))
j,
Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 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 payments. (Iowa Code §316.9)
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.
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 28t" day of
September, 1999 in the Civic Center
Council Chambers,410 E. Washington Street,
Iowa City, Iowa; at which hearing the Council
will consider:
1. A resolution of intent to convey 2814
Irving Avenue, also described as Lot 66 ,'of
the resubdivision of Lot 51, Walden Hills,
Iowa City, Iowa to a low-income family and
setting a public hearing for September 28th
1999.
Copies of the proposed resolution are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
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