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 /~/~~,~
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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.