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HomeMy WebLinkAbout2000-02-15 Public hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public headng will be held by the City Coundl of Iowa City, Iowa, at 7:00 p.m. on the 1= day of FebmaW, 2000, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereat~er .as posted by the City ~// ,rk; at which headng the Council will consider: ly' A resolution amending the Comprehensive ~"' Plan to adopt and incorporate the South Central District Plan for property generally. located east of Highway 218, south of Highway I and west of the Iowa River. 2. An ordinance changing the zoning designation from Neighborhood Commercial (CN-1) to Commercial Office (CO-1) for 2.5 acres of property located on the west side of First Avenue at Tudor Drive. 3. An ordinance amending the Sensitive Areas Oveday (OSA-8) Conditional Zoning Agreement to allow a driveway access onto Foster Road for property located at 500 Foster Road. Copies of the proposed resolution and 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 City of Iowa City MEMORANDUM ' Date: February 10, 2000 To: Iowa City City Council ~ planne_.r)r From: Melody Rockwell, ssociate Re: Draft South Central District Plan At the Council's February 1, 2000, public hearing on the draft South Central District Plan, several issues were raised concerning certain elements of the plan. In a companion memorandum dated February 8, 2000, 3eft Davidson addresses several alignment questions concerning the proposed extension of Mormon Trek Boulevard through the South Central District. In response to a councilor's request for a "locator" map containing the place names listed throughout the plan, staff is adapting Exhibit A to list specific locations on one map. A copy of the map will be provided for Council review at its February 14 work session. The Future Land Use Scenario Map (Exhibit L) will be amended at Airport Manager Ron O'Neil's direction to correct the blue airport designation for Runway 6 by extending it to the Mormon Trek Boulevard right-of-way. Bart Schuchert also raised some concerns at the February i public hearing that I will attempt to clari~ below. Mr. Schuchert raised a concern about the neighborhood commercial area that is referred to on pages 31 and 32 in the draft plan and is shown on the Future Land Use Scenario as encompassing the eastern portion of his property. He feels that this designation would lead to a zoning designation that would be too restrictive, e.g. Neighborhood Commercial (CN-1) zone. The plan does not indicate a specific zoning classification, but encourages a mix of lands uses, including commercial, townhouses, apartments, institutional and public uses. The intent is to allow a planned commercial development with a mix of uses that are compatible with the existing and proposed residential uses in the area, the fairgrounds and Ryerson's Woods. Intensive commercial or industrial uses, such as contractor's yards would not be compatible with this goal. If it would help to clarify this issue, the term "neighborhood commercial" could be replaced with "mixed use commercial" on pages 31 and 32 as follows: Page 31, paragraph 2: The frontage portion of the property located along Riverside Drive and south of the Airport and Colonial Lanes is suitable for redevelopment to a neighborhood mixed use commercial area. Page 31, paragraph 3: Because the designated neighborhood commercial area is quite large and is adjacent to residential development and along a major entranceway to the city, it should be designed so that it does not become a commercial strip. Mixed uses such as townhouses and apartments should be considered as part of a planned commercial development for the area. The neighborhood mixed use commercial node may also offer good locations for institutional uses, such as a church, a daycare center, a fire station and an extension of the fairgrounds... Page 32, Land Uses bullet 7: Plan for a neighborhood mixed use commercial zone west of Riverside Drive and south of Colonial Lanes that considers incorporation of appropriate institutional uses, a park adjacent to the pond and a trail that connects to the Willow Creek Trail. Mr. Schuchert also indicated that the Current Land Use Map (Exhibit K) incorrectly shows his property adjacent to Riverside Drive as County Suburban Residential (RS), not County Highway Commercial (CH). The eastern portions of properties that are south of Colonial Lanes on the west side of Riverside Drive are actually shown on the map with the zoning designation of CH. The map can easily be clarified to show the CH zoning designation centered on the eastern portion of the Schuchert property, instead of or in addition to having the CH shown on the property to the north. Staff would also suggest the following changes to the draft plan: [] On page 4, Archaeological Sites paragraph: Remove the reference to "Winebrenner" as no archaeological site is actually shown on that property. [] On page 7, last paragraph: Indicate that the 1999 renovation of the airport terminal was implemented in a manner that maintains the integrity of this historic structure. ca Correct the spelling of Mesquakie Park on pages 11 and 28. o On page 14, add a bold line and "Iowa River Corridor Trail" to the legend for Exhibit G. o On pages 23, 26 and 29, make the text accompanying the pie charts more readable by enlarging the print size. [] On page 33, Entranceways bullet 2: remove the reference to "and the new Public Works facility site." If you have any further questions or recommendations concerning the draft South Central District Plan, please feel free to contact me at 356-5251 or e-mail: melody_rockwell@iowa-city.org. City of Iowa City MEMORANDUM Date: February 8, 2000 To: City Council From: Jeff Davidson, Assistant Director, Dept. of Planning & Community Development "7~ Re: South Central District Plan; Recommended alignment of arterial street At the work session on January 31 and the public hearing on February 1 you received many comments on the preferred location of the arterial street which will extend between Highway 1 and Sycamore Street. Of particular interest is the segment between Highway 1 and Riverside Drive. Following is a brief summary of the consultant's evaluation of the impacts of the alternative routes. You will recall that we begin with 29 alternative routes for the arterial street. Many of these were slight variations of each other or routes which had "fatal flaws" that became apparent early in the evaluation process. The initial screening selected the 8 most favorable alternatives, and a second screening reduced the number of alternatives to four. These four were subjected to an even greater level of scrutiny based on: · Social factors (existing residences and businesses; noise impacts) · Natural features (floodway, floodplain, wetlands) · Cultural features (archeological sites) · Engineering and design factors (design standards, drainage structures, intersection sight distance) · Traffic service (community traffic circulation, land development potential) · Construction costs A recommended alignment was selected which was deemed to have the most favorable combination of attributes. At the request of property owners in the Dane Road area, two variations of the preferred alternative were examined. In the materials you received these are labeled the N-1 (recommended alignment), N-1.1, and N-1.2 alternatives (see attached map). Following is a summary of the significant differences. Please bear in mind that this is a "planning level" analysis and is not based on detailed design plans. Alternative N- f . f · East of Dane Road this alternative is located on a flatter portion of the side hill, as compared to Alternative N-1. Estimated side hill slopes are approximately 10 to 12 percent, as compared to 14 to 20 percent for Alternative N-1. Either slope is within a reasonable range for constructing an arterial street, but the steeper slopes may require increasing the right-of- way width by 20 to 30 feet. 2 · The alignment is shifted approximately 200 feet farther from the Dane residence and 150 feet closer to the Williams residence. The alignment is approximately 350 feet from both the Dane residence and the Williams residence. · No significant environmental constraints have been identified. · Increases estimated construction cost approximately $175,000 compared to Alternative N-1. Most of the increase is due to increased grading costs to lower Dane Road to meet the new arterial, compared to Alternative N-1 which is near the crest of the hill. Alternative N-f.2 · Shifts alignment approximately 470 feet south of the Dane residence to a location immediately adjacent to the Williams residence. · Places new arterial close to existing homes on the west side of Dane Road. · Will impact a linear wooded area just south of the Williams property. This area, adjacent to a drainageway, is not identified as a wetland on NWI maps. However, the soils appear to have hydric inclusions, which indicates wetlands could be present. The linear wooded area may be a natural corridor for wildlife travel and habitat. · Requires relocation of Dane Road to construct a new intersection, although considerably less extensive than Alternative N-1.1. Estimated increased construction cost is $30,000 compared to Alternative N-1. Right-of-way costs are not included in any of the cost estimates. The Planning and Zoning Commission's recommendation is that the alignment should be somewhere between the N-1 and N-1.1 alternatives, to be determined when the road is designed prior to construction. Let me know if you have any questions. cc: Steve Atkins Karin Franklin Bob Miklo Melody Rockwell jccogadm\memos~scendist.doc February 15, 2000 My name is Jim Dane. I live at 4507 Dane Road SW. John and Allie Dane are my parents. I operate and farm all of the Dane land, My Uncle George has shared with you some of the impact on the landscape and lay of the land of a new road across the south slope of our farm. The consultants for the City's Planning and Zoning Board did not report on the economic effects of the proposed street on local agriculture. I would like to briefly mention the agronomic impact of the new road and the impact on my farm operation. First of all, any farmer will tell you that if you have a choice of placing a road on a south slope or a north slope, don't ruin the south facing slope. The key to top yields is maximizing sunlight to the leaf area of the crop. South facing slopes are much preferred to north facing slopes. If irs possible to make use of an existing right of way, then that's the best solution. The south field under consideration represents about one-third of the close-in acres which support my cow-calf operation. These acres have been an important part of the rotating pastures I have used for grazing. They are part of a system that includes feeding facilities, two silos, grain storage, fresh running water, waste management, and housing for the animals which are located at the foot of the hill leading to my parents' house. The south field is very important in supporting the investment in the animal facilities and to spread out the cost of my machinery. If the south acres are removed from the equation, it will end my ability to raise livestock at this facility. Instead of marketing grain, hay, and pasture through the animals (and the resulting increase in value), grain would have to be sold directly to the elevator. The pasture and hay ground would have little use. If the south field could no longer be farmed my integrated operation would come apart and I would suffer an immediate economic loss. Thank you for your time. Jim Dane MEMORANDUM Date: 2/15/2000 To: Iowa City Council Re: South Central District Plan During the Iowa City Council meeting of February 1, 2000 we presented a memo (copy enclosed) outlining our concern with certain portions of the latest 'draft of the South Central District Plan. This draft has been approved by the Planning and Zoning Commission and has been presented to the Iowa City Council for their approval. Our primary concern is with the very restrictive land use proposed for our frontage property. Our property is currently zoned CH which allows for maximum development potential. The proposed Neighborhood Commercial land use (effectively zoning) proposed is extremely restrictive especially in light of the fact that major traffic in and out of the adjoining manufactured home development would not pass in front of our property, but rather in the direction of Iowa City. This land use would also be very restrictive for other commercial development. Bottom line, this proposed land use would greatly devalue our property. An additional concern is with the proposed green strip between the Neighborhood Commercial zoning and the RS zoning to the rear. This would not seem to be necessary as there is also a green strip proposed in from of our property. On page 31 of the November1999 draft, our fromage property is specifically declared as "goad location for institutional uses, such as church, a daycare center, afire station, and an extension of the fairgrounds. This would provide a suitable buffer between the industrial uses to the east and the single family residenaal uses that are projected to occur on the west pan of the property ". There is little question the proposed land use was downgraded to act as a buffer area or as future expansion for the 4-H Fair Grounds as pointed out in the plan. It can be assumed that any commercial development, even within county zoning allowances, would be opposed by the City of Iowa City. As before, we would ask the City not approve the South Central District Plan as proposed. To do so would greatly devalue our property and would not be consistent with zoning that has been in place for many years. We would ask the plan be modified to allow land use as currently allowed with the county zoning. Ban Sehuehert A:XLAND USE-IOWACITY2-15-00.doc 2114/99 2/15/00 6:08 PM MEMORANDUM Date: 2/1/2000 To: Iowa City Council From: Bart Schuchert, Gene Schuchert Re: South Central District Plan As land owners within the boundaries of the Iowa City South Central District Plan we have followed and participated in the development of this plan for the past several years. During the early planning, we were asked for input and, among other things, pointed out the current Highway Commercial (CH) county zoning for our frontage and our desire to maintain this zoning for future commercial development. With the "Draft" plan of July 1998, we became aware of a proposal to effectively "zone" our frontage property for "Public Service/Institutional". During subsequent meetings, we repeatedly expressed concern for the way our land value was being depreciated by the restrictive land use proposed in the "Future Land Use Scenario" section of the plan. We even questioned if this recommended land use was not specifically established for our property as we saw no other property with this designation. A "Draft" plan dated September 1999, changed the proposed land use for our frontage property from "Public Service/Institutional" to "Commercial". At this point, we thought the recommended land use was somewhat more consistent with our current county zoning, although still more restrictive. During a later meeting, we discovered that the proposed land use was more specifically "Neighborhood Commercial" and as such was very restrictive. If one compares Exhibit L of the June 1998 plan with Exhibit L of the August 1999 plan the oversight is understandable. The 1998 map has a large asterisk on the colored legend for "Neighborhood Commercial" to easily distinguish it from the same colored "Retail/Community Commercial". The 1999 map does not have the asterisk and with the colors for both commemial uses virtually the same, it is not possible to distinguish one from the other. We expressed our concern for this very restrictive land use at the next formal meeting of the Planning and Zoning Commission. Unfortunately, this was the meeting that was scheduled for voting on approval of the plan and while some members of the commission questioned the planners about the land use, there was no more opportunity to be part of the discussion as public discussion was closed. The commission approved the plan as presented. As mentioned above, our frontage property is currently zoned CH. On Exhibit K of the November plan, the CH zoning for our property is not shown even though most other zoning classifications are. The CH zoning is quite desirable as it allows maximum development potential, as can be seen from Exhibit A (enclosed). The rear portion of the property is currently zoned RS which also allows good development potential. A copy of the land use regulations for RS is enclosed as exhibit B. The proposed "Neighborhood Commercial" land use is extremely restrictive (see Exhibit C) . With most traffic to and from the manufactured home park heading North, neighborhood commercial is even more restrictive in that little traffic from this neighborhood would pass our property. To make matters even worse, an Associate Planner for the City of Iowa City in a memo to the Planning and Zoning Commission has pointed out that" Because the designated neighborhood commercial area is quite large and is adjacent to residential development and along a major entranceway to the city, it should be designed so that it does not become a commercial strip." This memo goes on to recommend land use that would greatly alevalue the property when compared to the existing CH county zoning. Most of the verbage from the memo was included in the November Draft of the plan. A copy of the memo is enclosed as Exhibit D. In conclusion, we would ask the City not approve the South Central District Plan as proposed. To do so would greatly alevalue our property and would not be consistent with zoning that has been in place for many years. We would ask the plan be modified to allow land use as currently allowed with the county zoning. Bait Schuchert A:~LAND USE-IOWA CITY 1-30~O.doc 1/30/00 2/15/00 4:39 PM February l5,2000 My name is Jane Driscoll. I'm the oldest grandchild of George and Marj Dane. I live at 963 Boston Way, Coralville. I want to share with you some history of the Dane Farm and its significance. Don't try to follow the family tree. Please concentrate on the people aspects of your pending decision. My great grandparents, Harold and Ethel Dane, came to Iowa City in 1923, when G'pa Dane established a leading coal, fuel oil and heating business. In 1928, he and G'ma Dane bought the first part of the farm including the hill and south slope that the proposed street will cross. Shortly thereafter, the family moved to the farm. G'pa Dane continued to operate the business in town. G'pa Dane served in WW I and again in WW 1I. My G'pa left the U of I to serve, and Uncle John volunteered as soon as he finished high school. With all of her men gone, G'ma Dane supervised the town business and kept the farm going. After the war, my great grandparents built the brick house at the north end of the hill. My grandparents built their house by the south slope when my mother was a toddler and my G'pa was finishing at the U of I. By the mid-50's, the farm operation had grown to a milking herd of over 100 cow's, the dairy store, a herd of purebred hogs and diversified crops of corn, soybeans, oats and alfalfa hay. The family number had grown too. At the peak, and counting the hired man' s kids, 14 children left the farm every morning for school in Iowa City and the U of I. Because of its proximity to Iowa City, the wide contacts of my great grandparents, and their desire to share; the farm attracted a steady stream of visitors. Since the early 30' s, grade school classes, visitors to the U of I and newcomers to Iowa City have come to see a working farm and how it changes throughout the year. This tradition has continued. Yellow school buses and lots of cars parked in the driveway are still a familiar sight. The "alumni" from these visits are scattered all over. Often, we of the 4th generation have run into people who say, "I remember the Dane Farm. I visited there when I was a kid." Or, "I had Sunday dinner and a tour when I was at the University." Ours is a "togetherness" family. My mother, aunt and two uncles plus Uncle John's family of 5 grew up on the farm next to their grandparents. Aunt Margaret and her 4 children came frequently from Waterloo. Other relatives and friends came every year. We are into the 4th generation and they are bringing the 5th. Cousins visiting from Los Angeles did not know the sky was blue. They thought it was always brown. They went sledding in the moonlight on the south slope. When those who live away return, they often remark, "Coming back to the farm, is coming home." What we call immediate family extends from Washington D.C. to California; and from Alaska to Phoenix, Texas and Nashville. Add close friends and regular visitors, the number is beyond comprehension. In the 60's, Uncle John had a farm trainee from Japan; and while here, he was a charter member of Uncle John's Kiwanis club. He is returning this summer with his wife and newly married daughter. My mother, a 4-H leader, has a long tradition of bringing the members to the farm. Their families and friends often come too. The Dane farm is more than a hilltop with a magnificent view, some trees, an orchard, a couple of houses and a working windmill. It is really an ancestral home, a focal point. The lessons and values learned at great Grandma Dane's breakfast table are being preserved and passed on to 4th and 5th generations. You will be voting on a road, a line on a map. Some may say that it will only affect a portion of the farm. But it would be the beginning; the camel's head under the tent. The end result will be the whole character of the hill and farm would change and be lost forever. I understand that roads have to be built, and changes have to occur. N-1.2 would have the least impact on the farm and the intersection with Dane Road. It also appears the street is more likely to be built later rather than sooner. The more time passes, the more likely it is that the concern of neighbors Tom and Karen Williams may change. Therefore, would it not make sense for N-1.2 to somehow be indicated as the preferred route? I hope you have some feeling for what has gone before, what is yet to come, and do all you can to protect and preserve that which means so much to so many. South Central District /~/~~,~ ~/~/ l:~ Cub Foods) Dane Dane ~ I __ LakeRidSe Jebb, Manufacturmi LC, Housinl Park Mr, sQt~ I'AIX ,~ Russell I Jeb]~ i  (70 affe forest S & G ~ pFeserye) Materials I February 2000 NOTICE OF PUBLIC HEARING ON INTENT TO CONTINUE WITH A PUBLIC IMPROVEMENT PROJECT, AND TO ACQUIRE PROPERTY RIGHTS FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS 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 continue with a public improvement project and to acquire property rights for the Highway 6 Corridor Improvements project in said City at 7:00 p.m. on the 15t" day of February, 2000, 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 pwe~g~nph1-13.doc 1/00 NOTICE OF INTENT TO CONTINUE A PREVIOUSLY APPROVED PUBLIC IMPROVEMENT PROJECT AND TO CONTINUE THE ACQUISITION OF PROPERTY RIGHTS FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT TO: Frieda Rummelhart,c/o Contractor's Tool & Supply Co.,1423 Waterfront Drive, Iowa City, IA 52240, Hills Bank & Trust Co., 1401 S. Gilbert Street, Iowa City, IA 52240, CRANDIC Railroad PO Box 2951, Cedar Rapids, IA 52406, Mary Boyd, 2511 Rochester Avenue, Iowa City, IA 52245 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 continue a previously approved project to all property owners whose properties may be affected. (See new Sections 6B.2A and 613.213 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- described property owners that the City Council of the City of Iowa City will consider the continuation of a previously approved 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 City Council votes to continue the above- described project, 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 the documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO CONTINUE WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. The City of Iowa City approved the above- referenced project on September 28, 1999, and authorized the acquisition of property rights that may be needed for the project. A number of easements or fee simple parcels still need to be acquired for the project. In order to acquire the remaining property rights which may be needed for the project, the City Council is required to authorize continuation of the project by Council resolution. The City has provided funding in its current budget to acquire property rights for the project and to construct the project improvements. Any public comment will be considered in determining whether to continue acquiring property rights for the project and whether to continue with the construction of project improvements. In making the decision to continue the above- described project and to continue acquiring property rights for the project, the City Council is required to hold a public hearing, giving persons interested in the project the opportunity to present their views regarding the project, and regarding the proposed acquisition of property rights for the project. The public hearing on the project will be held during the City Council's regularly scheduled meeting on the iSth day of February, 2000 in the City Council Chambers, Civic Center, 4'10 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 continue the above-described project and continue the proposed acquisition of property rights for the project, the City Council will be required to again approve the project and authorize the continued acquisition of private property rights for the project by Council resolution, The City Council is scheduled to consider adoption of a resolution of the City's intent to continue with the above-described project following the public hearing. When an appraisal is required, if the City Council votes to continue the project, 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. The City Council initially approved the project, authorized design, and authorized acquistion of private property for the project on September 28, 1999 pursuant to Resolution No. 99-332. 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 continue the above- described project or to continue acquiring 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) 4 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 commissioner'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. City Clerk "Committed to improving the quality of life in the Wetherby Park Area" Wether'by Friends and Neighbor's February 15, 2000 bear Members of City Council: I am here before you tonight regarding your renovation project for Hwy 6. I believe that this is not only a worthy project but also one that is long overdue. I understand the hours and money that has gone into planning such a large and beautiful endeavor to safely move vehicular and pedestrian traffic through the South section of town. What I do not understand is why pedestrian traffic that must cross Hwy. 6 has again been ignored. For 14 years that I have been able to find documentation for, pedestrian overpasses have been talked about but never acted upon. Daily, citizens of our town cross that highway for many reasons not the least of which is to walk their children to school. They do so at their own peril. Now, with plans to run part of the City Trail System along the South side of the highway you are inviting even more foot and bike traffic with more chances for disaster. Everyone who lives on the North side of the highway will have to cross it to use it. I have watched as group after group of special interests have come before you asking for money and been granted it. These interests will serve only a small portion of our population and their drawing power is speculative at best. We found money to do a study for a new library that ~ personally believe will not be passed by the voters. We should have had a vote asking if the public would support building a new library at X level of funding along with the consequences of that funding. That vote would only have cost us twenty five thousand dollars and would have told us right up front if the public was willing or not. Net savings would be thirty five thousand. When · Page 2 February 15, 2OOO will safety and the support structure of our neighborhood, such as the Broadway Neighborhood Center, be addressed? The City chose to concentrate a large portion of its low income housing in one area and then in my opinion have failed to see to the needs of those residents who need our help the most. We are not a special interest group here asking you for money. We are o neighborhood. A living, breathing, part of this City and we are here asking for safety and yes this safety will have a price tag. It seems only prudent to me that the time to plan for traffic crossing this highway is to do it at the same time as you are planning its renovation. I have talked with the Broadway Neighborhood Center, City Planning, and people involved with Wetherby. Our discussions have come to the conclusion that at least three will be needed. One at Keokuk, the second at Broadway, and the third to be placed somewhere between Sycamore and Fairmeadows. We are not unreasonable people; we are simply looking for a way to cross 300 feet of very busy highway safely. We are open to suggestion. As a neighborhood we have, with the help of the Iowa City Police, worked very hard to rid ourselves of the violence and drugs that threatened our right to safety. Wetherby Friends and Neighbors have replaced the lost sense of pride and belonging to a neighborhood that was quickly going downhill. This section of town has many needs that must be addressed. We can only hope that the Council will also see these needs and understand clearly that now is the time to step up and take the lead in breathing new life back into the 5outh East side of town. By failing to do so you will be sending a signal that you just do not see this as a priority. The consequences will be devastating. We feel that we have done our part to be a neighborhood that you can point to with pride. We wonder if you will do yours. Sincerely ,Terry Hanson Chairman, Wetherby Friends and Neighbors 1237 Burns Ave. Iowa City, Iowa 52240-5869 31c)-338-2~584 danskL~home.com NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECTAND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE WEST SIDE TRUNK SEWER PROJECT, PHASE 2 TO: Dav-Ed Limited, c/o Ed Thomas & Dave Cahill, 317 N. Seventh Avenue, Iowa City, IA 52240; Kennedy- Hilgenberg Enterprises, 1811 Dubuque Road Iowa City, IA 52240 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 upgrade the sanitary trunk sewer from Galway Hills subdivision to Southwest Estates which project is to be known as the West Side Trunk Sewer Project, Phase 2. Property rights acquired for the project will be used for: · Construction of sanitary sewer · 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 Drooertv riahts which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on the 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 15th day of February, 2000 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 the above-described 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 for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution of the City's intent to proceed with the above- described 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 the above-described 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 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 commissioner'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. City Clerk NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 18th day of January, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if .said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution of Intent to Convey a portion of Lot 1, Block 3, Rundell Addition, consisting of approximately 2,995 square feet located at the southeast corner of Grant Street and Court Street, to adjacent property owners William G. Flanagan and Elizabeth Rose. 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 Annen\forrns~not-ph .doc City of Iowa City MEMORANDUM Date: February 11, 2000 To: City Council From: Sarah E. Holecek, First Assistant City Attorney~ Re: Conveyance of Public Property Adjacent to 406 Grant Street Attached is correspondence from William Flanagan and Elizabeth Rose, dated January 25, 2000, which provides background information relating to their offer to purchase the public property adjacent to their residence at 406 Grant Street. The issue of fair market valuation of public property is scheduled for you February 14, 2000 work session and a resolution authorizing the conveyance to Mr. Flanagan and Ms. Rose is on the February 15, 2000 formal agenda. It has come to my attention that there has been some discussion about the method Mr. Flanagan and Ms. Rose were advised by City staff to use in making their offer. I spoke with Mr. Flanagan in response to his inquiry about purchasing the subject parcel and outlined the process under which the City Council considers such offers to purchase. While I made it clear that I could not advise him on how to design his offering price, we discussed the Council's responsibility to obtain fair market value and the methods of using assessed value of adjacent property as well as obtaining an appraisal to establish fair market value of the subject tract. I then related to Mr. Flanagan that I would send any offer he chose to make onto Council for their consideration. If you have any questions regarding the above information, please feel free to call me. cc: Steve Atkins, City Manager Madan Karr, City Clerk Eleanor Dilkes, City Attorney Chuck Schmadeke, Director of Public Works Rick Fosse, City Engineer Karin Franklin, Director of Planning and Community Development January 25, 2000 t Sara Holecek " · .....~ City Attorney's Office . _. 410 E. Washington Street ................... Iowa City, IA 52240 Dear Ms. Holecek: We are writing with reference to our bid for purchase of the property remnant adjacent to our residence at 406 Grant Street. At the last City Council meeting, January 18, the Council voted to defer action on the bid pending further discussion, and to again take up the matter at the February I meeting. We hope that the members of the Council will be given a copy of this letter prior to the Council's working meeting that will take place before the February 1 public Council meeting. In this letter we would like to summarize a few points regarding the nature of our offer. The offer was based on a property appraisal made by a licensed and experienced appraiser familiar with property values in Iowa City. He based his appraisal on four sales of property to adjacent land owners of remnants that were owned by the City (described on pp. 13-14 of the appraisal document). The sales took place between March 1997 and August 1998. The dates of the sales were unintentionally omitted from the document by the appraiser, Mr. Hal Kleinsmith. At our request he has addended his appraisal via the attached letter dated January 25. The City sold the four remnant properties for between 2% and 34% of the estimated market value. Given his impression of the nature of the parcel we have bid on, Mr. Kleinsmith adopted 10% as a working estimate of value, and applied this to the asking price (per square foot) of independently buildable parcels currently offered for sale on the market. ( Please note that in the attached letter Mr. Kleinsmith considers the comparable eases to be current and reliable reference points.) He also included reference in his appraisal to the sale price of two buildable parcels that were sold in 1994 and 1996. The appraiser's methods yield an appraised value for the plot we are interested in as falling within a range of between $300 and $1500 (p. 15). Given further considerations of limited demand (the plot being of interest to no one but the adjacent land holders), the appraiser reduced his assessment of the value to between $300 and $750, and finally concluded that the actual value of the plot is somewhere in the bottom half of that range (p. 16). At the January 18 City Council meeting it was pointed out that there were two other recent offers to buy city property. In those cases the adjacent property owners appear to base their offers on something close to the full assessed value per square foot of their existing lots. Considered within this context alone our offer appears low or, as you phrased it, overly aggressive in discounting the value of remnant plottage. In order to determine the fairest estimate of the value of the parcel we wanted to acquire, we hired a professional appraiser. We set our bid at $525, in the middle rather than in the bottom half of the appraised range. The value of remnant land parcels has not been set by us, or by the appraiser, but by the City itself in the sale of the properties that provided the basis for the appraisal. The City Council may find it prudent to establish a more detailed and formal formula for determining the sale price &City land. However, whatever the Council does in this regard will come after our bid was made, a bid that employs a method of determination of value based on actual recent sales of remnant plots to adjacent landowners. Finally, please note in the attached letter from Mr. Kleinsmith his reaffirmation that in his view he used a sound method and the best available data to establish the value of this property. Sincerely, ~ January 25, 2000 Mr. William Flanagan 406 Grant St. Iowa City, Iowa 52240 Dear Mr. Flanagan In accordance with your request for the dates of the parcels sold as plottage in my report for the portion of the vacant lot identified in this property as Lot 1 Block 3 Rundell Addition except for the S42' of W 72' in Iowa City Iowa. Please find attached the reported dates found in the City Assessor and County Recorders Records. #1) 839 S. 1st Avenue, Iowa City. The reported sale date is December 1997. #2) 816 S. Gilbert Street, Iowa City. The indicated sale date is April 1997. #3) 833 River Street, Iowa City. This parcel sold in August 1998. #4) Gable Street Right of Way, Iowa City. This parcel sold March 1997. There are very few sales of land for plottage in the city limits every year. There is some difficulty in finding these sales and there is a great deal of reliance placed on the city assessor in locating these sales. It is necessary to go back in time to identify good comparables. These are considered to be the best available at the time I did your report. While these sales are over 12 months in time due to the nature of their use and the review of the current market they are considered current and have reliability. These sales are used to determine the proper adjustment for plottage sites verses legal building sites. I still believe that there is limited demand for the subject site in the open market, my adjustments are well within the range identified by market data used in the analysis. I would expect the subject property to sell in the lower end of the value range as reflected in my original report. Submitted b~, Hal Kleinsmith Certified General Real Property Appraiser Iowa #CG01544 21 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 1 st day of February, 2000, at 7:00 p.m. in the · Council Chambers of the City of Iowa City, L,~/i~ 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution of Intent to Convey an approximately 7,720 square foot parcel of the unimproved, vacated portion of the Virginia Drive right-of-way abutting 2 Ridgewood Lane to Philip and Helen Oldis. 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 sarah\landuse\oldis-nph NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 1 st day of February, 2000, at 7:00 p.m. in the ~,~//~) Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution of Intent to Convey one-half of the vacated portion of the Washington Street right-of-way abutting 1025 East Washington Street to Marjorie B. Hayek. 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 sarah~landuse\hayek-nph '/-2 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 15th day of February, 2000, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, regarding the intent to convey 1512 Dickinson Lane, also known as Lot 81, South Pointe Addition, Part 5, to Moore Construction Co., Inc. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place.