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HomeMy WebLinkAbout2000-03-21 Public hearing City of Iowa City MEMORANDUM Date: March 16, 2000 To: City Council ~ From: Karin Franklin, Director, PC Re: Setting Public hearings for Rezonings on Governor and Lucas streets On the Council's formal agenda are two items that set public hearings for Apdl 18 on rezoning issues currently before the Planning & Zoning Commission. The rezonings requested are for a change from RM-12 to RS-8 on Governor Street between Burlington and Bowery and for a change from RM-12 to RNC-12 on Lucas Street between Burlington and Bowery. These are rezonings initiated by residents of the area. Setting the public hearing on a rezoning institutes a 60-day moratorium during which no building permit or change of use permit may be issued which does not comply with the proposed zone change. This is to allow a period of time for the Commission and the Council to deliberate on the question of the proper zoning without the threat of changes which would run counter to the intent of the proposed rezoning. A letter from the rezoning applicants is in your packet requesting the setting of the public hearing at this time. Although typically a public hearing is set after the Planning & Zoning Commission makes its recommendation, there have been cases when the Council has set the public hearing early to ensure there are not significant changes made in the area in question before a decision on the zoning question is reached. To date we have received four requests to make changes to properties in this area that would increase the intensity of use of the properties. Cc City Manager Jeff Davidson Bob Miklo City of Iowa City MEMORANDUM Date: March 20, 2000 To: City Council From: Planning & Zoning Commission Re: REZ00-0007. Govemor/Lucas/Bowery Rezoning Recommendation to Council: At its March 16 meeting, by a vote of 6-0, the Commission recommended that the City Council establish a public hearing on REZ00-0007, so that the Commission can have time to devote proper attention and hear adequate input from both sides on this issue. The Commission feels concerned that conversions of properties in the area to higher densities not be allowed while this issue is under discussion, and asks that a moratorium be established so the rezoning application can be considered in a timely manner without undue pressure of redevelopment occurring in the interim. Marian Karr From: Charles Felling [mcfelling@mcleodusa.net] Sent: Monday, March 20, 2000 4:10 PM To: council@iowa-city.org Subject: Re: Setting public hearing for rezoning . .... ~.a .... eSafe Protect Gateway (tm) has scanned this mail for viruses, vandals and suspicious attachments and has found it to be CLEAN. File: Setting Hearing on R (20,992 bytes) Encoding: Base64 Result: Clean. Please consider the attached for the Council meetings regarding setting the public hearing for the rezoning in the Governor Street, Lucas Street and Bowcry street area. March 20, 2000 Iowa City City Council Civic Center Iowa City, IA 52240 Dear Council Members, Re: Setting public hearing for rezoning We are writing this letter to support setting an early date for the public discussion regarding the rezoning of property in the Governor Street, Lucas Street and Bowery Street area. There is a need to discuss and to act on the rezoning because of the actions of a few landowners who as developers, are initiating changes that will greatly distort the nature of this neighborhood mix of renters and home owners. We believe that this area adds much to the charm of this section of our city and to the city as a whole. We have sad examples of what happens in the neighborhoods where the balance is lost between the number of homes and the number of renters when multiunit housing expands in the neighborhood. Rezoning to RNC-12 would move in the direction of maintaining the balance and seems would be an equitable solution for both the resident homeowners and landlords. We ask that you schedule the public hearing regarding rezoning for April 4. Thank you for considering our viewpoint. Sincerely, Margaret and Chuck Felling 825 South Seventh Avenue Iowa City, IA 52240 319 338-6994 825 S. 7th Avenue Iowa City, IA 52240 Match 19, 2000 City Council Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Members of the Iowa City Council: We write in support of down zoning the ateas of Lucas, Governor and Bowery Streets from Burlington to Bowery. Current building on Lucas Street and increased requests for usage changes and for construction permits indicates that down zoning is needed to protect this residentially diverse and historic neighborhood. We believe that down zoning from RM-12 to RNCol2 is an appropriate compromise to protect the neighborhood and the interests of all property owners in the area. We believe that this neighborhood has a charm and character that adds to the city as a whole. March 15, 2000 Dear City Council Members, RE: Request for City Council to set a public hearing on REZO0-O007 for April 18, 2000 Residents of the Longfellow Neighborhood along with the support of our Neighborhood Association have recently requested a rezoning of property in the Governor Street, Lucas Street and Bowery Street area that is currently zoned RM-12 to RS-8 and RNC-12. The intention of this request is to preserve the character and historical integrity of this neighborhood for owner-occupied residences as well as rental units. We desire to maintain this mix of uses, the affordable housing stock close to downtown and the diverse population of the neighborhood as it is. We are concerned about a recent escalation in requests for construction permits and usage changes in the area while this discussion is underway. This push by absentee landlords for increases in density in rental units during the time the rezoning request is being considered underscores the need for the rezoning, and may undermine the integrity of the neighborhood before the rezoning can be fully considered by the Planning and Zoning Commission and the City Council. For this reason, we would like to request that the City Council set a public hearing for this rezoning request for its meeting of April 18, 2000. This will initiate a moratorium on conversions or changes in the levels of density for properties in this area while this issue is under discussion. It is our desire to work together to find balance and maintain the character that makes this neighborhood such a desirable place to live. Thank you for your time and consideration. Sincerely, ~ Ann Freerks 534 Clark St. Iowa City, IA 52240 March 5, 2000 City Council Members City of Iowa City 410 E. Washington St. ~'~ Iowa City, IA 52240 To the members of the City Council: We are writing to voice our support of the proposed rezoning of Governor, Bowcry, and Lucas Streets. We have experienced first-hand what happens when a diverse neighborhood of families, retirees, and students living in older homes changes to one dominated by apartment buildings and the transient population who lives in them. From 1977 to 1988 we owned a duplex in the 900 block of East WashingtOn Street. We watched as old homes were torn down and replaced by multi-unit apartments, completely changing the character of our neighborhood. We were awakened nearly every weekend night by shouted obscenities and fights in our yard. Beer cans and trash littered the lawn in the morning. Although we left Iowa City when we graduated from the University in 1988, we would have moved had we stayed in town--we were concerned that the environment was not particularly safe, or savory, for our two young daughters. We retumed to Iowa City in 1991 and last year sold our new home on Iowa City' s north side in order to remodel an older, "handyman special" in the Longfellow neighborhood. We've been very pleased with our decision to move back to a place where neighbors chat with one another as they walk by and people take pride in the diversity of the homes and their residents. We know we're not alone in these feelings--because of its desirability, finding a home in the Longfellow neighborhood wasn't easy. We have lived in and visited numerous other cities in the U.S. where neighborhoods with old homes are protected, valued, and considered a community asset. We've seen the effects of multi-unit complexes on neighborhoods, and we hope that the planning council understands that by supporting the proposed rezoning they are protecting the kind of neighborhood that is in demand, and disappearing, in Iowa City. We have no doubt that other long-term residents would buy and remodel homes in the neighborhood if they felt confident that the view out their back windows wouldn't become one of parking lots and dumpsters. We encourage your support of the zoning changes of Governor, Bowcry, and Lucas Streets. Marian Karr From: AMonagan@cornell-iowa.edu Sent: Tuesday, March 21, 2000 11:17 AM To: council@iowa-city.org Subject: FW: PUBLIC HEARING on REZ00-0007 for April 18, 2000 ..... Original Message ..... From: Alfrieta Monagan Sent: Monday, March 20, 2000 2:15 PM To: 'ernie lehman@iowa-city.org'; 'irvin~pfab@iowa-city.org'; 'mike_olon~ell@iowa-city.org'; 'connie_champion@iowa-city.org'; 'ross wilburn@iowa-city.org'; 'dee_vanderhoef@iowa-city.org'; 'stev~n_kanner@iowa-city.org' Subject: PUBLIC HEARING on REZ00-0007 for April 18, 2000 Dear Members of the City Council, Re: Request for City Council to set a public hearing on REZO0-O07 for April 18, 2000 I am one of many residents of the Longfellow Neighborhood Association who strongly supports rezoning property between Lucas, Governor, and Bowery streets from RM-12 to RS-8 and RNC-12 in an attempt to preserve the beauty and strong sense of community in our neighborhood. The rezoning request has been presented once to the Zoning and Planning Committee. In the meanwhile we have learned of a flurry of requests for construction permits which would affect the area under discussion. I am writing to ask the City Council to PLEASE set a public hearing on our rezoning request for your meeting of April 18, 2000, thus initiating a moratorium on further changes while our request is under consideration. Thank you for your attention. Alfrieta Monagan 806 Clark Street Iowa City, Iowa 52240 Marian Karr From: Martha Greer [martha-greer@uiowa.edu] Sent: Tuesday, March 21,2000 3:30 PM To: council@iowa-city.org Subject: Public Hearing on REZ00-0007 This note duplicates my communication to individual council members on Monday, March 20, 2000. I was advised that some members of council may not have received my original e mail. I am writing council members regarding the proposed zoning change for the Lucas, Governor and Bowery areas. I own my home at 530 S. Governor St. and I strongly support the efforts to rezone this area to preserve the wonderful mix of housing options and historical integrity that currently exist. Our neighborhood combines historic character and affordable housing within walking distance of the downtown area, allowing my family to walk to work, school, the Public Library, and to downtown shopping. I understand that there have been several requests for building permits and/or usage changes since our application to rezone was submitted. I ask that you vote in favor of setting a public hearing for the rezoning request for the April 18, 2000 Council meeting. My understanding is that a public hearing would initiate a moratorium on any usage changes until Planning and Zoning has had an opportunity to make a final decision on the proposed zoning changes. At the March 16, 2000 Planning and Zoning meeting staff recommended approval of this zoning change, noting that the change was consistent with their comprehensive plan. It would only make sense at this point to take the necessary short-term measures that will allow our system to work in the best interests of the community and our neighborhood. Thank you for your consideration. Martha Sixt Greer Marian Karr From: Gary Gallu7_zo [gary-galluzzo@uiowa.edu] Sent: Tuesday, March 21, 2000 3:47 PM To: council@iowa-city.org Subject: Request April 18 Public Hearing for Longfellow Neighborhood Rezoning Dear Members of the Iowa City Council, This is a heartfelt note in support of the Longfellow Neighborhood rezoning request and urging that you schedule a public hearing on the matter for the Council meeting of April 18. By heartfelt, I mean that the Longfellow neighborhood is where my wife Judy and I have chosen to raise three children, send all three through Longfellow Elementary School, coach 17 years (and some 800 games) of youth soccer, enjoy the open, tree-shaded streets of Iowa City's Historic District, and welcome the friendship of many neighbors. All while living in the same house since 1976. In short, the area is the heart of Iowa City's residential neighborhoods and is an area well worth maintaining at its present density level for the continued enjoyment of homeowners and renters, alike. Thank you for your help in preserving the character of Iowa City's neighborhoods. Respectfully, Gary Galluzzo 910 Bowery Street (The yellow house with the big side yard and the peonies that bloom in May!) Iowa City, Iowa 52240 Marian Karr From: Elinore Peters [elliemail@yahoo.com] Sent: Monday, March 20, 2000 9:35 PM To: council@iowa-city.org Subject: rezoning of Gov. St. and some adjoining areas March 20, 2000 Dear City Council Members, I am writing to urge you to carefully consider the proposed rezoning for the Governor Street, Bowery Street and Lucas Street areas. I think it is important to keep this portion of the city in its present form of primarily private homes and rentals from converted homes. Since 1975, when my family came to Iowa City, the housing options have changed considerably. At the same time, the character of many neighborhoods has deteriorated, due to poor city planning or property owners who do not have an interest in maintaining a tidy, attractive residence. At this point the city has an oversupply of apartment complexes that have no architectural beauty and have rents so high that renters are often forced to double up in rooms only meant for one. Unattractive apartment buildings continue to be built and are not creating an atmosphere that encourages families to remain in their neighborhoods. The Summit Street district (which includes surrounding streets) has long been an asset to Iowa City and one that my family takes our visitors to see. If the surrounding streets are allowed to have interesting homes with character razed and replaced with unimaginative, unattractive apartment buildings, this residential asset will begin to erode. My husband and I have owned the rental property at 433 S. Governor for 25 years and have enjoyed being able to offer tenants an affordable apartment in a pleasant neighborhood. Many of our tenants have been long-term renters, staying for 3 or 4 years and some as long as 11 years. This is testament , I think, to the desirability of this area of the city. The lots with a single home have considerable green space about them which enhances the quality of life for the homes' inhabitants. On the other hand, an apartment building leaves very little green space and mainly a concrete parking area. In order to have the area in question remain stable while the rezoning request is considered, I would urge that you instate a moratorium on new construction at this time. Thank you for your careful consideration. Sincerely, Elinore Peters 12 Bella Vista P1. Iowa City, IA 351-5964 Marian Karr From: Natasa Durovicova [g=stewart@uiowa.edu] Sent: Monday, March 20, 2000 7:04 PM To: council@iowa-city.org Subject: request for public hearing Dear Councilor-- As a resident of a neighborhood that has in the last weeks found itself amidst a rezoning turmoil, I am writing to ask you, as a member of the City Council, to agree to schedule a public hearing on this issue for the next available date, April 18, to give all parties time to cool off and to let the big picture emerge. As you by now probably know, the Longfellow Neighborhood Association has tried to react to the many recent pressures on our area by calling for a rezoning of the Lucas-Governor-Bowery blocks (immediately adjacent to the historic Summit Street Historic district). No sooner did the first hearing take place at the Planning and Zoning commission last Thursday, March 16, that several developers who own property in the area under debate went into high gear. Trying to do an end run around due process, requests for usage changes, rezonings of individual properties and apparently even demolition have been filed with the city. It seems obvious that such requests are more "foot-in-the door" paperwork devices intended to leapfrog over a process, already underway in the Planning and Zoning Commission. Basically the goal is to prevent the people who live in the neighborhood to have their say on the matter. One of the great things about living in Iowa City is that it has a large number of people who care deeply about its shape and form. Granted, this probably sometimes makes the job of running it more heartburn-inducing than being a councillor somewhere where no-one can bother to get out of the house. But as a person who has spent several decades living in other parts of the world, and another large portion in the numbing urban sprawl known as southern California, I see this sense of responsibility that different groups of people feel for this town, and their willingness to get involved, that makes me want to stay here for as long as possible and to raise my kids here. We, the people who are here for the long run, we who who try to support the Englert, who make every effort to stay and shop downtown, who take the bus (and teach our kids that it's great to use public transportation), who go out and pick up trash on Earth Day (and on other days too), who help replant trees after storms, who vote, and who listen with care and positive mindset about issues such as library bonds and need to rise property taxtes to pay for all of the above, that should have a chance to have a say in the process. If, in the long run the citizens of this town don't feel there is a working process allowing us to get involved where we live, we'll eventually all end up in subdivisions out in the county, levaing behing a shell of a dying downtown. Please honor this best side of Iowa City by voting in favor of a public hearing on item RZ000-0007 on April 18th. Thank you. Sincerely, Natasa Durovicova 419 S. Summit 338-5348. Marian Karr From: Penny, Dianna [dianna-penny@uiowa.edu] Sent: Tuesday, March 21,2000 10:51 AM To: 'Iowa City Council' Subject: FW: REZONING OF GOVERNOR & LINN STREETS BETWEEN BURLINGTON & BOWE BY STREETS CHURCH eSafe Protect Gateway (tm) has scanned this mail for viruses, vandals and suspicious attachments and has found it to be CLEAN. File: CHURCH HISTORY-local (31,232 bytes) Encoding: Base64 Result: Clean. ..... Original Message ..... From: Penny, Dianna Sent: Sunday, March 19, 2000 3:41 PM To: 'Ernie Lehman, Mayor'; 'Irvin Pfab,City Council'; 'Mike O'Donnell,City Council'; 'Stephen J. Atkins,City Mgr.'; 'Connie Champion, City Council'; 'Ross Wilburn,City Council'; 'Dee Vanderhoef,City Council'; 'James Thomas' Subject: REZONING OF GOVERNOR & LINN STREETS BETWEEN BURLINGTON & BOWERY STREETS To the Elected Officials of the City of Iowa City, IA: As a longstanding member of the congregation of Bethel A.M.E. Church, 411 South Governor Street, Iowa City, Iowa, I concur with the residents of the Longfellow Neighborhood in requesting rezoning to preserve the character and historical integrity of Governor and Linn Streets between Bowery and Burlington Streets. While I am aware that most of the houses on Governor and Linn Streets do not reflect the grandeur of those in the historic preservation district of Summit Street, the present character and diversity of Linn and Governor Streets provides a wholesome and worthy environment for young families with children and older residents as well, who have chosen to put down roots in the city of Iowa City. The destruction of the character of these two neighborhood streets would also impact negatively on Summit Street, many of whose back yards overlook those of Governor Street. I also reside in this area, at 1025 Walnut Street, and on many Sundays I walk up Summit Street before turning on to Bowery Street and then to Governor on my way to Bethel A.MoE. Church. The tranquility, beauty, and relative safety of these streets is very nearly unparalleled in most older neighborhoods in the cities and towns of America. To lose this ideal parcel of Americana would be a tragic loss to Iowa City. For your information, I have attached a document giving the history of Bethel A.M.E. Church of iowa City. Sincerely, Dianna Penny Organist, Steward, and President of the Women's Missionary Society of Bethel A.M.E. Church P.S. If you are unable to open the attachment below on your computer, please call me at 338-1746 (home) or 335-8588 (work) <<CHURCH HISTORY-local.doc>> 1 BETHEL AFRICAN METHODIST EPISCOPAL CHURCH HISTORY APRIL 1, 1868 CELEBRATING 132 YEARS THE EARL Y YEARS 1868-1900 Less than 10 years after the end of slavery, a group of African-American citizens in the Iowa City area decided that the time had come for them to build a house of worship. Many of this first group (some have said up to 300 people) owned homes and were established in the community. The black population of Iowa had more than tripled in the decade from 1850 to 1860. Iowa City was known to have been a stop on the underground railroad, so it is not surprising that there was an established group of African-Americans residing in what must have been a supportive community. To have a place of their own to worship in became a reality when the cornerstone was laid on April 1, 1868. The land that Bethel is built on was owned by a Mr. Berryhill. The original property line extended from the current lot at 411 South Governor Street, south to Bowery Street. It is recorded that Mr. Berryhill sold the land to James W. Howard, who is also listed as one of the first trustees. The other 2 original trustees included Boston Clay and Samuel Boone. In those first years of the church, they did not have minister - they had "exhorters'. Mr. Caesar Winston was one of the first exhorters for Bethel. The current Women's Missionary Society is named after his granddaughter-in-law, the late Margaret E. Winston. The church moved on with exhorters during the period between 1868 and 1885. The first minister sent was Rev. P. C. Cooper. The records are obscure, but his appointment would have been in the late 1880's. City directories from 1892 to 1902 refer to the church as Zion's A.M.E. It is consistently called Bethel after 1906. The parsonage was built around 1893 under Rev. James Farris' administration. The members at that time bought the lumber and other materials. They put on "Jubilee Programs" to raise money for the work. Membership dropped as jobs available to African-Americans of that era became scarce. Between the years of 1870- 1940, there were never more than 120 blacks residing in Johnson County. One good church member and trustee stands out during this period. Mr. William Patterson remained and through his presence the doors of the church remained open. THE MIDDLE YEARS 1900-1950 Pastoral assignments were changed regularly during the next 50 years. Many ministers were sent to the charge for a year. The longest assignment during that time lasted 3 years. During the late 1930s and 1940s no assignments were made. Each pastor contributed to the church in some way. Those most memorable are the building improvements and renovations. In 1916, under Rev. B. F. Hubbard, the first pavement was laid in front of the church. Under Rev. James Forehand's loving care, Bethel was renovated inside and out (May 1923). There was a fire a few days after renovation was complete. The damage was listed at $1,100. The church had an insurance policy of $1,500. They repaired the damage and said it felt like they had an "almost new church". Some members on the roster that year were: Mr. Charles Donnegan Mrs. Forehand Mrs. Lottie Donnegan Mrs. A. Scott Mrs. Ludie Ware Sam Patterson John Ware There was also a fire in the parsonage on February 10, 1924. Sister Lillie P. Jones had been sent to Bethel after the death of Rev. J. L. Peterson. She worked very hard to restore the parsonage and was able to accomplish that with the help of the community's Ministerial Board. In 1925, under Rev. S. B. Washington, the sidewalk was completed and bricks were purchased for the basement. In 1926, the Annual Conference Minutes list Sarah V. Bean as the preacher. Her husband, Rev. S. L. Bean was the pastor on the Muscatine circuit. During her stay, Bethel finished the basement of the parsonage and added new windows in the basement of the church. Members on the roster that time include: Stella Scott Sudie McCain Wilton Scott Mr. and Mrs. Williams Hallie McCain Mr. Charel Dora Hueston Sarah Jett Allie Scott Artell Jett Ruth Bright During Rev. D. H. Harris' stay of I year in 1927, the roof was repaired and the new piano was put in. The next year Rev. R.E.L. Cain added gas and water to the parsonage and the church. He also purchased a gas stove for the church basement. For the next few years the church lost ground and confidence. Many African- Americans who had come to Iowa for the steady labor left the state during this time. Membership rose and fell, making it difficult to keep the doors of the church open. In 1950, Deacon Christina McDonald was ministering at Bethel. The Conference Minutes for that year list the church as having no indebtedness. Although these 50 years were lean ones in terms of the number of members, they are years marked by many physical improvements to the church and parsonage. THE LAST FIFTY YEARS 1950-2000 Deacon Christina McDonald kept the doors of the church open during the 1950s until Rev. Fred L. Penny was sent to the charge in 1958. Coming to Bethel A.M.E. Church with his wife and 6 children, new life was breathed into the church by Rev. Penny. During his 37 years as Pastor of Bethel, Rev. Penny provided an open door for African-American students attending the University. The African-American residents in the community that were not affiliated with the University of Iowa had dwindled to a very small number. They were spread out throughout the city and not closely connected. Many former students have fond memories of delicious meals served after Sunday service with stimulating conversation on any of the various social and other issues of the times. Also during the 37 years that Rev. Penny served Bethel, Iowa City, the church building saw physical improvements such as having the electrical capacity increased to 110 volts, installation of a modern central heating system, several repaintings of both the interior and exterior, replacement of wooden entry steps and deck (three times), and replacement of basement steps. In addition, the wooden basement floor was replaced by concrete with a drain. The tiny, 4-room parsonage at the rear of the church, beyond repair and no longer fit for human habitation, was razed in 1988. With his death in September 1994, nearly four decades of students, church members, the community of Iowa City, and much of Eastern Iowa mourned and remembered Rev. Fred Penny. With the University of Iowa as a major employer in the state, many more African-Americans have made Iowa City and nearby Coralville their place of residence. After Rev. Penny's death, Bishop J. Haskell Mayo of the Fourth Episcopal District of the African Methodist Episcopal Church assigned Rev. Willie W. Clemmons to the charge. In the short time that Rev. Clemmons was with us, the church acquired a new roof, further upgrade of its electrical capacity, and for the first time in it's history, wall-to-wall carpeting was installed in the sanctuary. In the fall of 1995, Rev. Reginald Blount joined the clergy of Bethel A.M.E. Church as Associate Pastor. In February 1996, Rev. Clemmons was reassigned to fill a vacancy at Bethel A.M.E. Church in Quincy, Illinois and Rev. Blount was assigned as Pastor at Bethel, Iowa City where he served from February 1996 through November 1, 1998. During this period, a vacation bible school, lasting for one week during the month of June was initiated at Bethel and it is open to youngsters community-wide. During Rev. Blount's stay at Iowa City, a new lighting system was installed in the church, which greatly enhanced evening activities. With the aid of a grant from the local Historic Preservation Society, the church exterior was repaired and repainted by Cornerstone Construction in a historically correct manner utilizing the appropriate paint and other materials. Late in 1998, Rev. Blount was assigned to fill a vacancy at Eternal Flame A.M.E. Church in the Chicago area where his wife was enrolled at Garrett Theological Seminary to further her education. This move enabled Rev. Blount to rejoin his family and continue his own academic work as a Ph.D. candidate at Northwestern University without having to commute between Chicago and Iowa City. THE PRESENT AND BEYOND Our current pastor, Rev. Orlando R. Dial, is also an educator, serving as a teacher and Assistant Principal at West High School in Waterloo, Iowa. Rev. Dial is most ably assisted by Evangelist, Lula Mallett. At this time we are making improvements at the church entrance by improving the steps and adding an entrance enclosure. Recent years have seen vibrant growth in numbers, and we will continue to let spiritual growth lead and guide us in our physical growth and transformation. We can only believe that those charter members of 1868 would be proud of those who have come after. Although it has not all been easy during these 132 years, we want to thank God first, for with Him all things are possible. We also want to thank those original members who chiseled the dedication with a firm and skillful hand that all who may follow will see the work of both God and man. Respectfully submitted, Francine Thompson and Dianna Penny ADDEND UM: This history is in no way complete. Many facts, names and dates are lost or obscured because records were not kept during times without pastoral appointments. Sources for information include the following: Iowa City, City Directories 1891-1957 Iowa Census Records, Johnson County, 1850, 1860 69th Anniversary History of Bethel A.M.E. Church, recorded and submitted by Lottie Donnegan, April 6, 1937 Annual and District Conference Minutes, 1903, 1906, 1914, 1923, 1926, 1928, 1934, 1950, 1958 BETHEL AFRICAN METHODIST EPISCOPAL CHURCH HISTORY APRIL 1, 1868 CELEBRATING 132 YEARS THE EARLY YEARS 1868-1900 Less than 10 years after the end of slavery, a group of African-American citizens in the Iowa City decided that the time had come for to build a house of worship. Many of ; first group (some have said up to 300 .~ople) owned homes and were established the community. The black popul~ of Iowa had more than tripled in the from 1850 to 1860. Iowa known to have been a stop on the under vailroad, so it is not that there was an established group of residing in must have been a supportive community. To have a lace of their own to 'ship in became a reality when the cornerstone was laid on A 1, 1868. The that Bethel is built on was owned by a Mr. Berryhill. The ori. property line from the current lot at 411 South Governor Street, south to B is recorded that Mr. Berryhill sold the land to James W. Howard, is also .'d as one of the first trustees. The other 2 original trustees included Samuel Boone. In those first years of the did not have minister - they had "exhorters'. Mr. Caesar Winston of the first exhorters for Bethel. The current Women's Missionary after his granddaughter-in-law, the late Margaret E. Winston. The ed on with exhorters during the period between 1868 and 1885. The first was Rev. P. C. Cooper. The records are obscure, but his appointment ' ould hav~ in the late 1880's. City directories from 1892 to 1902 refer to the c.~h as A.M.E. It is consistently called Bethel after 1906. // The parsonage was ljhilt around 1893 un Rev. James Farris' administration. The members at that tip4e bought the lumber other materials. They put on "Jubilee Programs" to ;'faise money for the Membership dropped as jobs / available to African-A//nericans of that era became Between the years of 1870- 1940, there were never more than 120 blacks in Johnson County. One good church member aM trustee stands out .g thi ~eriod. Mr. William Patterson remained and thr.~ugh his presence the doors remained open. THE MIDDLE YEARS " 1900-1950 Pastoral assignments were changed regularly the next 50 years. Many ministers were sent to the charge for a year. The longest as; during that time lasted 3 years. During the late 1930s and 1940s no assi were made. Each pastor contributed to the church in some way. Those most memorable are the building improvements and renovations. In 1916, under Rev. B. F. Hubbard, the first pavement was laid in front of the church. Under Re James Forehand's loving care, Bethel was renovated inside and out (May 1923). T re was a fire a few days after renovation was complete. The damage was listed a $1,100. The church had an insurance policy of $1,500. They repaired the damage nd said it felt like they had an "almost new church". Some members on the roster hat year were: Mr. Charles nnegan Mrs. Forehand "\ Mrs. Lottie Do egan Mrs. A. Scott Mrs. Ludie War Sam Patterson John Ware There was also a fire i the parsonage on Feb ary 10, 1924. Sister Lillie P. Jones had been sent to Bethel a ~ter the death of Rev.. L. Peterson. She worked very i were purchased for the basement. Annual Conference Minutes list Sarah V. Bean as the preacher. Her Rev. S. L. Bean was the pastor on the Muscatine circuit. During her stay, finished the basement of the parsonage and added new windows in the base of the church. Members on the roster that time include: Stella Scott St ie McCain Wilton Scott Mr Mrs. Williams Hallie McCain Mr. Dora Hueston Sarah tt Allie Scott Artell J t Ruth Bright / During Rev. D ~. Harris' stay of I year in I 27, the roof was repaired and the new piano was put The next year Rev. R.E.L. in added gas and water to the parsonage and the He also purchased e for the church basement. \. For the few years the church lost ground and..confidence. Many African- Americans come to Iowa for the steady labor left the state during this time. Membership se and fell, making it difficult to keep the doors of the church open. In 1950, cm Christina McDonald was ministering at Bethel. The Conference Minutes for that year list the church as having no indebtedness. Although these 50 years were lean ones in terms of the number of members, they are years marked by many physical improvements to the church and parsonage. THE LAST FIFTY YEARS 1950-2000 D{ Christina McDonald kept the doors of the open during the 1950s until Fred L. Penny was sent to the charge in Coming to Bethel A.M.E. with his wife and 6 children, new life was into the church by Rev. Penny. his 37 years as Pastor of Bethel, y provided an open door for students attending the ~. The African-American residents in the cc that were not affiliated the University of Iowa had dwindled to a very number. They were s out throughout the city and not closely connected. former students memories of delicious meals served after Sunday with conversation on any of the various social and other issues times. Also during the 37 served Bethel, Iowa City, the church building saw physical ' as having the electrical capacity increased to 110 volts, installation of a mod central heating system, several repaintings of both the interior and exterior, re' of wooden entry steps and deck (three times), and replacement of '1: In addition, the wooden basement floor was replaced by concrete with tiny, 4-room parsonage at the rear of the church, beyond repair and no nger fit human habitation, was razed in 1988. With his death in ~/p. nber 1994, n arly four decades of students, church members, the c ommuni of Iowa City, and uch of Eastern Iowa mourned and African-Americans tve 'made Iowa City and n arby Coralville their place of Clemmons to charge. In the short time that Rev. Clemmons was with us, the church acquir~ a new roof, further upgrade of its electrical capacity, and for the first time in it's wall-to-wall carpeting was installed in the sanctuary. Churc Pastor. In February 1996, Rev. Clemmons was reassigned to fill a vacancy at Bethel A.M.E. Church in Quincy, Illinois and Rev. Blount was assigned as Pastor at Bethel, Iowa City where he served from February 1996 through November 1, 1998. During this period, a vacation bible school, lasting for one week during the month of June was initiated at Bethel and it is open to youngsters community-wide. During Rev. Blount's stay at Iowa City, a new lighting system was installed in the church, which greatly enhanced evening activities. With the aid of a grant from the local Historic Preservation Society, the church exterior was repaired and repainted by Cornerstone Construction in a historically correct manner utilizing the appropriate F materials. Late in 1998, Rev. was assigned to fill a at Eternal Flame A.M.E. Church in the ~go area where his wife was at Garrett Theological Seminary to her education. This move Rev. Blount to rejoin his family and continu, his own academic work as Ph.D. candidate at Northwestern University withc having to commute Chicago and Iowa City. THE BE~. Our current pastor, Rev. R. is also an educator, serving as a teacher and Assistant Principal at in Waterloo, Iowa. Rev. Dial is most ably assisted by Evangelist, At this time we are making improvements at the church entrance the steps and adding an entrance enclosure. Recent years have seen growth in numbers, and we will continue to let spiritual growth lead and gui. our physical growth and transformation. We can only believe members of 1868 would be proud of those who have come after. it not all been easy during these 132 years, we want to thank God for with all things are possible. We also want to thank those original merp{~ers who chiselc the dedication with a firm and skillful hand that all who may ffillow will see the rk of both God and man. / / / i an~,, Diana Pe~y ADDENDLIM: : .' This history is in o way complete. Many facts,hames and dates are lost or obscured because reco s were not kept du~ing times without pastoral appointments. Sources for 'nformation include the following: Iowa City, City Direct ies 1891-1957 Iowa Census Records, J son County~;1850, ~1860 69th Anniversary History of Bethel A.M.E. Church, recorded and submitted by Lottie Donnegan, April , 1937 / \ / \ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City .Coundl of Iowa City, Iowa, at 7:00 p.m. on the 21 day of March, 2000, in the Civic Center Coundl Chambers, 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; ich headng the Council will consider. ~zAoning designation from Medium Density An ordinance conditionally changing the Single-Family Residential (RS-8) to Low Density Multi-Family Residential (RM-12) for 0.82 acres of property along the west side of Benton Court north of Benton StreeL 2. An ordinance amending Title 14, Chapter 6, 'Zoning', to allow wide-base freestanding signs in some commercial zones under certain conditions. Copies of the proposed resolution and ordinances am 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 Coundl consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK Prepared by: John Yapp, Assoc. Planner, PCD,410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF A 0.82 ACRE TRACT ALONG THE WEST SIDE OF BENTON COURT NORTH OF BENTON STREET FROM MEDIUM DENSITY, SINGLE-FAMILY RESI- DENTIAL {RS.,8) TO LOW DENSITY MULTI- FAMILY RESIDENTIAL (RM-12) WHEREAS, Christian Retirement Services, owner of Oaknoll Retirement Center, owns the properties along the west side of Benton Court north of Benton Street; and WHEREAS, approximately three years ago a parking area was permitted on the property at 703 Benton Court as a temporary use while an addition to the Oaknoll facility was being con- structed; and WHEREAS, in 1999 the Iowa City Zoning Code was amended to allow a permanent parking area on a separate lot in a different zone under some circumstances by special exception, and the proposed rezoning to RM-12 would allow the parking area at 703 Benton Court to remain per- manently with special exception approval; and WHEREAS, the rezoning of the properties on the west side of Benton Court to RM-12 will also allow low-density multi-family development to occur; and WHEREAS, Christian Retirement Services acknowledges that certain conditions and restric- tions are reasonable, in the form of a Conditional Zoning Agreement, to ensure future development of the property along the west side of the Benton Court is compatible with the residential uses to the south and the west; and WHEREAS, Iowa Code 415.5 (1999) pro- vides that the City of Iowa City may impose rea- sonable conditions on granting an applicanrs rezoning requests, over and above existing regulations, to satisfy public needs directly caused by the requested change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property legally described Ordinance No. Page 2 below is hereby redesignated from its current zoning of RS-8 to RM-12: Lots 11, 12, 13, 14, and 15 in Streb's First Addition to Iowa City, Iowa, according to plat thereof recorded in Plat Book 4, Page 401, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City Of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordi- nance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby author- ized and directed to certify a copy of this Ordi- nance and Conditional Zoning Agreement and to record the same in the Johnson County Recorder's Office at the applicant's expense upon passage and approval of this Ordinance. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repoaled. SECTION VI. SEVERABILITY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK ppdadmin~ord~oaknoll,doc Conditional Zoning Agreement THIS CONDITIONAL ZONING AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (the "City") and Christian Retirement Services, Inc., an Iowa nonprofit corporation ("CRS"). WHEREAS, CRS has requested that the City rezone approximately 35,834 square feet of property located on the west side of the 700 block of Benton Court, Iowa City, Iowa (the "Real Estate") from RS-8 to RM-12 zoning classification under the Ordinances of the City; and WHEREAS, the proposed rezoning will allow the development of the Real Estate in a manner which may be incompatible with the use of surrounding properties; and WHEREAS, Iowa Code Section 414.5 (1999) provides that the City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the existing uses of the Real Estate as a parking lot, permitted as a temporary use during construction by CRS on adjacent property which temporarily eliminated parking on such adjacent property, with the remainder of the property being the location of three single family dwellings, are uses which are compatible with existing conditions in the neighborhood and would conform to all applicable requirements of the RM-12 zoning classification upon the removal of the four parking spaces closest to Benton Court to meet setback requirements and upon the installation of appropriate landscaping and screening of the parking area, provided such use is also approved as a special exception by the Board of Adjustment of the City, and; WHEREAS, CRS acknowledges that certain conditions and restrictions are reasonable to insure appropriate use of the Real Estate, particularly considering the lower density uses on the real estate located to the south and west of the subject property; and WHEREAS, CRS has agreed to use the Real Estate in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above-referenced issues. NOW THEREFORE, in consideration of the mutual covenants, agreements, stipulations and conditions herein contained, the parties agree as follows: 1. Christian Retirement Services, Inc., an Iowa nonprofit corporation, is the owner and legal title holder of property located on the west side of the 700 block of Benton Court, Iowa City, Iowa (the "Real Estate"), which property is more particularly described as follows: Lots 11, 12, 13, 14 and 15 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 4, Page 401, Plat Records of Johnson County, Iowa. 2. To address public needs directly caused by the requested zoning change, the Owners agree that the placement, height and design of any new structure on the Real Estate must be compatible with the residential neighborhood to the west and south of the Real Estate, and must be submitted to and approved by the City. In the event of the desire of CRS, its successors or assigns, to construct or otherwise place any structure upon the Real Estate, such owner must submit a Development Concept Plan to the Department of Planning and Community Development prior to development The Director of Planning and Community Development shall review and evaluate such concept plan based on the criteria listed above, the City's then-existing development ordinances and other conditions existing in the neighborhood in which the Real Estate is located. The Director shall complete such review within the 21-day period provided by City Code and shall submit a report of such review to the Planning and Zoning Commission. The Commission shall review such report and conduct such further study as it deems appropriate and the Planning and Zoning Commission shall review and evaluate such concept plan based on the above-cited criteria and the standards outlined in City Code Chapter 14-5H, Site Plan Review. Upon site plan approval by the Planning and Zoning Commission, a building permit may be issued. 3. CRS acknowledges that the conditions contained herein are reasonable conditions to impose on the Real Estate and under Iowa Code 414.5 (1999) and that said conditions satisfy public needs which are directly caused by the requested zoning change. 4. CRS acknowledges that, in the event any portion of the subject property is transferred, sold, re-developed or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent transfer documents. 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City and may not be superseded or avoided by separate private covenants to which the City is not signatory. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 6. CRS acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the owner from complying with all applicable local, state and federal regulations. 7. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the expense of CRS. 8. It is understood that CRS has contemporaneously voluntarily placed Protective Covenants and Restrictions (the "Covenants") on the Real Estate, which Covenants are incorporated herein by this reference. Nothing herein contained shall be deemed to negate or supersede the Covenants, and CRS agrees to satisfy all conditions herein and in the Covenants. 9. Upon approval of such rezoning and execution hereof by the City, CRS agrees to forthwith submit the necessary applications to the Board of Adjustment of the City with respect to the use by CRS, as a parking lot of the following portion of the real estate above described: Lot 11 and the north fourteen (14) feet of Lot 123 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof. Dated at Iowa City, Iowa this __ day of ,2000. CITY OF IOWA CITY, IOWA CHRISTIAN RETIREMENT SERVICES, INC. '7/, By By b~7/r~~ Ernest W. Lehman, Mayor R0 ent Attest By Madan K. Karr, City Clerk Sister Agnes Giblin, Secretary STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 ., before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON CO~,ITY ) On this ~ L "'day of //~/4~C-I..-~ , A.D. 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robed Matthes and Sister Agnes Giblin, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed ~nd ~e~led) on behalf of'(the s-cnl affixod thorere i~ the r_,g31 of 3aid). said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said inst ent to be the voluntary act and deed of said corporation, by it and by them voluntaril f/~' ~ ' ~'~n and f'or said County and State Sarah/landuse/oaknollcza 32000 PROTECTIVE COVENANTS AND RESTRICTIONS KNOW ALL PERSONS BY THESE PRESENTS that the undersigned, CHRISTIAN RETIREMENT SERVICES, INC., an Iowa nonprofit corporation ("CRS") being the owner of the following described real estate located in Iowa City, Johnson County, Iowa, to-wit: Lots 11, 12, 13, 14 and 15 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Plat Book 4, Page 401, Plat Records of Johnson County, Iowa, for its benefit and the benefit of the City of Iowa City, Iowa, a municipal corporation (the "City"), hereby imposes the following covenants and restrictions on said property as covenants running with the land, and with such force and effect as if conveyed in each subsequent conveyance of said premises, or any part thereof, or any transfer of said premises occurring by operation of law: 1. Subject to the following terms and conditions, the following described portion of said premises, to-wit: Lot 11 and the north fourteen (14) feet of Lot 12 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 4, Page 401, Plat Records of Johnson County, Iowa, shall be utilized only for surface parking purposes in conjunction with the operation of Oaknoll Retirement Residence owned and operated by CRS on certain adjacent real estate, said parking to be utilized for the exclusive benefit of residents, employees, visitors and other invitees to Oaknoll. No rental of parking spaces upon said premises, other than to residents or employees of Oaknoll, shall occur. The above and foregoing covenant shall be subject, however, to the granting by the Board of Adjustment of the City of Iowa City, Iowa, of a special exception permitting the use of said premises for surface parking purposes. In the event that such special exception shall not be granted, this covenant #1 shall be null, void and of no force or effect unless and until such time as said premises may be lawfully used for surface parking, in which event this covenant shall reattach without further action by the undersigned. 2. The design, screening, setbacks and all other aspects of the surface parking lot maintained upon the above-described real estate shall, at all times, conform to the requirements of all applicable ordinances of the City. 3. No change in the use of the entire premises first above described, or any portion thereof, shall be made by CRS except upon application to and approval by the City, such application to set forth the proposed use of said real estate accompanied by a site plan meeting all requirements for site plans contained in the Code of Ordinances of the City. Following such filing, the same shall be considered and acted upon in the same manner as is prescribed for site plans appealed to the Plan and Zoning Commission under the requirements of Section 14-5H-6 of the Code of Ordinances of the City. 4. These covenants are to run with the land and shall be binding upon CRS and all persons claiming by, through or under CRS for the maximum time period permitted, from time to 2 time, under the laws of the State of Iowa. If CRS or its successors or assigns violate or attempt to violate any of the covenants or restrictions herein before the expiration thereof, the City may undertake any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and restrictions and (a) secure an injunction preventing such party or parties from further violation of said covenants and/or (b) recover damages, costs and other sums due by reason of such violation or violations. The foregoing remedies shall be in addition to, and not in limitation of, any other remedies which may be available to the City by virtue of any such violation. 5. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions hereof which shall remain in full force and effect. DATED at Iowa City, Iowa this,-?, day of //)'~fq-f~c- N ,2000. CHRISTIAN RETIREMENT SERVICES, INC. By:~ ~ ~ Sister Agnes Giblin, Secretary STATEOF IOWA ) ) SS: couN ) On this~day of J2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert Matthes and Sister Agnes Giblin, to me personally known, who being by me duly sworn, did say that they are the President and Secretary respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Robert Matthes and Sist r Agnes Giblin as officers acknowledged the execution of the foregoing instrument to be lunta act and deed of the corporation, by i ---, Notary Public in and for the State of Iowa Sarah~landuse\oaknollcovenant.doc ~. Conditional Zoning Agreement THIS CONDITIONAL ZONING AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (the "City") and Christian Retirement Servic/es, Inc., an Iowa nonprofit corporation ("CRS"). WHEREAS, CRS has requested that the City rezone approxim~ 35,834 square feet of property located on the west side of the 700 block of Benton Court, City, Iowa (the "Real Estate") from RS-8 to RM-12 zoning classification under the Ordinan of the City; and WHEREAS, he proposed rezoning will allow the of the Real Estate in a manner which may incompatible with the use of >erties; and WHEREAS, Code Section 414.5 (1999) pl that the City may impose reasonable conditions granting an applicant's rezoni~ request, over and above existing regulations, in order to public needs directly cause by the requested change; and WHEREAS, the g uses of the Real as a parking lot, permitted as a temporary use during }n by CRS on adja~ nt property which temporarily eliminated parking on such adjacent proper with the of the property being the location of three single family dwellings, are which are with existing conditions in the neighborhood and would confor to all a requirements of the RM-12 zoning classification upon the removal of e four pa~ ng spaces closest to Benton Court to meet setback requirements and upon the appropriate landscaping and screening of the parking area, provided such use is as a special exception by the Board of Adjustment of the City, and; WHEREAS, CRS acknowledges th certain conditions and restrictions are reasonable to insure appropriate use of the Real >articularly considering the lower density uses on the real estate located to the south and subject property; and WHEREAS, CRS has agreed the Estate in accordance with the terms and conditions of this Conditional Zoning to ddress the above-referenced issues. NOW THEREFORE. in consic of the covenants, agreements, stipulations and conditions herein contained, the ~arties agree as 1. Christian Retirement Servi. Inc., an Iowa non corporation, is the owner and legal title holder of property on the west side of 700 block of Benton Court, Iowa City, Iowa (the "Real Estat which property is more described as follows: Lots 11.12, 13, ~l~and 15 of Streb's First Iowa City, Iowa, according to the recorded lat thereof recorded in Plat Book age 401, Plat Records of Johnson County wa. rs 2. To add e s pub ic needs directly caused by the requested zoning ~change, the Owners agree that the placement, height and design of any new structure on the Real Estate must be compatible with the residential neighborhood to the west and south of the Real Estate, and must be submitted to and approved by the City. In the event of the desire of CRS, its successors or assigns, to construct or otherwise place any structure upon the Real Estate, such owner must submit a Development Concept Plan to the Department of Planning and Community Development prior to development The Director of Planning and Community Development shall review and evaluate such concept plan based on the criteria listed above, the City's then-existing development ordinances and other conditions existing in the neighborhood in which the Real Estate is located. The Director shall complete such review within the 21~day period provided by City Code and shall submit a report of such review to the Planning and Zoning Commission. The Commission shall review such report and conduct such further study as it deems appropriate and the Planning and Zoning Commission shall review and evaluate such concept plan based on the above-cited criteria and the standards in City Code Chapter 14-5H, Site Plan Review. Upon site plan approval by Planning and Zoning Commission, a building permit may be issued. 3. CRS acknowledges that the conditions contained hereit reasonable conditions to impose on e Real Estate and under Iowa Code 414j and that said conditions satisfy public ;eds which are directly caused by the uested zoning change. 4. CRS acknowledc that, in the event any portion the subject property is transferred, sold, re-developed subdivided, all developme redevelopment will conform with the terms of this litional Zoning Agreem~ regardless of whether recited in any subsequent transfer do 5. The parties acknowledge it this Conditiof Zoning Agreement shall be deemed to be a covenant running with tnd and witl the title to the land, and shall remain in full force and effect as a covenan the title to the land unless or until released of record by the City and or avoided by separate private covenants to which the City is not sic ~arties further acknowledge that. this agreement shall inure to the benefit of and II successors, representatives and assigns of the parties. 6. CRS acknowledges that nothim '~is Conditional Zoning Agreement shall be construed to relieve the owner with all applicable local, state and federal regulations. 7. The parties agree that this '~ditional ~g Agreement shall be incorporated by reference into the ordinance the sub property, and that upon adoption and publication of the ordinance, agreement be recorded in the Johnson County Recorders Office at the of CRS. 8. It is understood that CF has ;ly voluntarily placed Protective Covenants and Restriction~ (the "Covenants"). on the Estate, which Covenants are incorporated herein by reference. Nothing ~1 shall be deemed to negate or supersede the ovenants, and CRS agrees all conditions herein and in the Covenants. 9. Upon approval of such rezoning and execution hereof by the ' y, CRS agrees to forthwith submit the necessary applications to the Board of Adju ment of the City with respect to the use by CRS, as a parking lot of the following pod~ of the real estate above described: l Lot 11 and the north fourteen (14) feet of Lot 123 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof. Dated at Iowa City, Iowa this __ day of ,2000. CITY OF IOWA CITY, IOWA CHRISTIAN RETIREMENT SERVICES, INC. By By Ernest W. Lehman, Mayor rt Matthes, President Attest By Marian K. Karr. Clerk S Agnes Giblin, Secretary City ~,.~.~y___,,~__) STATE OF IOWA ) JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a notary public in of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me who being by me duly sworn, did say that they are the Mayor and City Clerk, res said municipal corporation executing the within and foregoing instrument; that the seal thereto is the seal of said municipal corporation; that said instrument was signed and sealed behalf of said municipal corporation by authority of its City Council; and that the said Mayo~ City Clerk as such officers acknowledged that the execution of said instrument to be th, act and deed of said corporation, by it and by them voluntarily executed. in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 2000 me, the undersigned, a Notary Public in and for the of Iowa, personally appeared Matthes and Sister Agnes Giblin, to me personally knc who, being by me duly sworn, did Ihat they are the President and Secretary, respectivel of said corporation executing the within a~ foregoing instrument to which this is attached, (no seal has been procured by the sorporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto e seal of said) said corporation by authority of its Board of Directors; and that the said ind Secretary as such officers acknowledged the execution of said instrument to be the and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ~raMa~u,se/~knollcza~000 STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Items: REZ00-0001, 703 Benton Court Date: February 3, 2000 GENERAL INFORMATION: Applicant: Christian Retirement Services Oaknoll Retirement residence 701 Oaknoll Drive, Iowa City, IA 52240 Phone: 351-1720 '\ \ Contact person: Robert Downer 22 S. Linn Street Iowa City, IA 52240 Phone: 338-9222 Requested action: Rezoning from RS-8, Medium Density Single- Family Residential, to RM-12, Low Density Multi-Family Residential Purpose: To allow for the permanent establishment of a parking lot that was permitted only on a temporary basis while an addition to Oaknoll Retirement Residence was being constructed. Location: West side of Benton Court, north of Benton Street Property size: 0.82 acres Existing land use and zoning: Asphalt parking lot and residential, RS-8 Surrounding land use and zoning: North: Retirement center, RM-44 East: Retirement center, RM-44 South: Residential, RS-5 West: Residential, RS-8 Comprehensive Plan: This property is on the border between 8-16 units per acre and 16-24 units per acre in the Comprehensive Plan Land Use Map. File date: January 3, 2000 45-day limitation period: February 17, 2000 2 SPECIAL INFORMATION: Public utilities: City water and sewer are available to the site Public services: Sanitation service as well as police and fire protection are provided by the City. Qaknoll uses private refuse collection. Transportation: Transit service is available via the Oakcrest route on Benton Street Physical Characteristics: The lot at the north end of Benton Court is an asphalt parking lot with evergreen species planted along the north and west borders. The remaining three lots on the west side of Benton Court are occupied by single-family homes. BACKGROUND INFORMATION: Christian Retirement Services, which owns Oaknoll Retirement Center (Qaknoll) purchased the property at 703 Benton Court approximately 3 1/2 years ago. This 0.2 acre lot is on the north end of Benton Court, adjacent to and across the street from Qaknoll. City staff permitted the establishment of a temporary parking area on the property while an addition to Oaknoll was being constructed, as the construction activities disrupted an area of parking on the Qaknoll site. Because the property at 703 Benton Court is in a separate zone (RS-8) from the Qaknoll property (RM-44), the parking area was only permitted on a temporary basis. In 1998, the City had advised Oaknoll that they would no longer be able to use the property for temporary parking once the construction activities had been completed. To establish a permanent parking area on the site, it would have needed to be rezoned from RS-8 to RM-44, the same zoning as the rest of the Oaknoll property. Because Oaknoll had identified a need for more parking for staff, residents, and visitors, they made as application to rezone the property to RM-44. While staff recommended approval of the rezoning of 703 Benton Court to RM-44 (with some conditions), the Planning and Zoning Commission recommended denial on a 3-3 vote. Subsequently, the City Council deferred the rezoning request indefinitely, while directing staff to research a zoning code amendment which might allow Oaknoll to retain the parking area, even if it is in a different zone than the Oaknoll building. Public comment and City Council comment at the time indicated there were not objections to Oaknoll using the property for parking; rather the objections and the reasons to not approve the rezoning were related to the proposed RM-44, High Density Multi-Family zoning. There was also discussion at the Planning and Zoning Commission meeting that rezoning just the one lot at 703 Benton Court has the appearance of a spot-zoning, and it may be better to consider rezoning the entire west side of Benton Court as a transition zone. In 1999, an ordinance was adopted to allow off-street parking on a separate lot in a different zone with approval of a special exception from the Board of Adjustment. Under this ordinance, non- required off-street parking may be provided on a separate lot within the parameters of the following 3 pairings: 1) Multi-family and multi-family (RM-12, RM-20, RM44 and PRM zones); 2) Commercial and commercial or industrial (CC-2, CH-1, C1-1, and I-1, and I-2 zones); Industrial and industrial or commercial (CC-2, CH-1, C1-1, and I-1, I-2 zones), provided the principle use is established prior to the special exception application. Now Oaknoll has submitted a new application to rezone the west side of Benton Court, totaling 0.82 acres, to RM-12, Oaknoll has recently purchased the one lot they did not own on Benton Court. In the short term, Oaknoll still hopes to be able to use the property at 703 Benton Court for off-street parking. Oaknoll intends to rent-out the other three homes on Benton Court. In the long term (at least five years according to the applicant) Oaknoll hopes to expand to the west, using the properties on the west side of Benton Court. Should the property at 703 Benton Court be rezoned to RM-12, Oaknoll would still need to obtain a special exception from the Board of Adjustment to allow parking in a different zone on a separate lot. ANALYSIS: The existing Medium Density Single-Family zone (RS-8) is primarily intended to provide for the development of small lot single-family dwellings. Duplexes and zero-lot line dwellings are also permitted, provided certain dimensional requirements are met. The proposed Low-Density Multi- Family zone (RM-12) is intended to provide high density single family development and low density multi-family development. Permitted uses include single-family, duplex, and multi-family dwellings. Provisional uses include family-care facilities, eider family homes, eider group homes, child care facilities, and eider congregate housing. Relationship of the property to Oaknolh The west side of Benton Court is opposite the Oaknoll Retirement Center, which is on the east side of Benton Court. To the east, directly across the street from the parking lot, there is an entrance to the Oaknoll property. The parking area at 703 Benton Court provides a very close parking area for the residents and visitors using the Oaknoll facility. Relationship of the property to the residential neighborhood: Single-family residences are to the south and west of the area proposed to be rezoned. The parking lot at 703 Benton Court is set slightly below the grade of the adjacent properties, and water appears to drain to the street, not to adjacent properties. Comprehensive Plan: The comprehensive Plan supports "projects that provide group living for seniors." Allowing this parking lot to remain will help support the Oaknoll facility, and will have a positive effect on the surrounding neighborhood by providing parking for vehicles that otherwise would need to park on area residential streets. Staff is not aware of any complaints from the neighborhood about this parking area that has existed for approximately 3 1/2 years. Allowing the rezoning of the properties on the west side of Benton Court, which Oaknoll now owns, will support the future expansion of Oaknoll, a senior housing facility. The Comprehensive Plan identifies the specific area of the rezoning request as a transition area between the 16~24 units per acre area occupied by Qaknoll and the 8-16 units per acres occupied by the residential neighborhood to the west. The proposed zoning of RM-12, Low Density Multi- Family residential, is consistent with the Comprehensive Land Use Map. Generally, it has been the City's practice to zone properties so that the transition between zones occurs at rear property lines. The Comprehensive Plan Land Use Map reflects this, and shows the zoning change happening at the rear lot lines in between Benton Court and George Street. Having the zone change take place at the rear lot lines is preferable because the fronts of lots, which is the more public side, face properties in a similar zone. The RM-12 zoning would be a transitional zone between the RM-44 zoning to the east and the RS-8 zoning to the west. Proposed Conditional Zoning Agreement: Staff recommends that the rezoning be permitted subject to a conditional zoning agreement which states the placement, height, and design of any structures must be compatible with the residential neighborhood to the west, and must be approved by the Planning and Zoning Commission prior to a building permit being issued. While this condition will not regulate the density of uses on the site, it will give extra oversight to the Commission and the public regarding the design of the site. This condition would hold regardless of who controls the property. The applicant had agreed to such a conditional zoning agreement when the rezoning to RM-44 was proposed a few years ago. Traffic: No new units are being proposed at this time, and therefore there should not be an increase in traffic as a result of this rezoning in the short term. If the area is not rezoned and the parking area is required to be removed, it will force the vehicles currently using the parking area to park on nearby residential streets. If the area is redeveloped under the RM-12 zone an increase in traffic will occur on Benton Street. This increase will be very low compared to the existing traffic count on Benton Street. Given that Benton Court only connects to Benton Street, there is very little chance that neighborhood cut-through traffic will occur as a result of redevelopment of the west side of Benton Court. No parking in the front yard: During research of these issues, staff discovered that the temporary parking area includes some parking within the 20-foot front yard. Parking within the front yard is prohibited in residential zones, except single-family dwellings are permitted to have one parking space in the driveway in the front yard. Should the rezoning request be approved, the parking area will need to be modified so there is no parking within the required front yard, STAFF RECOMMENDATION: Staff recommends that REZO0-O001, a request to rezone the approximate 0.82 acre property along the west side of Benton Court from RS-8, Medium Density Single Family Residential, to RM-12, Low Density Multi-Family Residential, be approved, subject to a conditional zoning agreement which states the placement, height, and design of any structures on the site must be compatible with the residential neighborhood to the west, and must be approved by the Planning and Zoning Commission, prior to a building permit being issued. ATTACHMENTS: 1. Location Map Approved by: ~_-c~/,F~,. Robert Miklo, Senior Planner Department of Planning and Community Development March 14, 2000 re: REZO0-O001 To: The Mayor and Members of the City Council When this matter was before the City Council in January of 1999, the Council Chamber was filled with residents of Oaknoll who spoke in favor of and showed by their presence their support of the urgent need of users of Oaknoll for a parking space on a lot at 703 Benton Ct. The Planning Zoning Staff at that time argued that there was no way to permit this use without a rezoning of the area to RM-44. Neighbors from West Benton Street, like myself, were embarrassed to be arguing against this change in zoning because it seemed to mean, incorrectly, that we were opposed to providing a parking lot for Senior Citizens. The City Council sent this matter back to the Planning & Zoning Commission with a recommendation that the staff try to find another way. The other way that the staff found has entailed rezoning the west side of Benton Coua from RS-8 to RM-12 subject, as now proposed, to a Conditional Zoning Agreement. That is a lot better than RM-44. Treating the proposal as a compromise and a means to make the continued use of the parking lot for Oaknoll possible, 1 do not oppose the zoning change. But it is impo~ant for the City Council to keep the original concern in the foreground and not let it slide into the background behind Oaknoll's plans for future expansion. Although there has been a great deal of talk about Oaknoll's buying up propeay in the neighborhood to facilitate its future plans for gro~h, the Planning & Zoning Commission has approved nothing but the zoning change, and it was a zoning change expressly designed to keep a parking lot as a parking lot. Of course, RM-12 means ~-12. And, if the present proposal is approved by the City Council, that zoning change will extend to the lot line between the west side of Benton Coua and the east side of George Street. Fo~unately, the staff of the Planning & Zoning Commission has placed a great deal of stress on the importance of the backyard, not the street line, as the proper transitional boundary for adjacent zones. It is impo~ant to make several points: (1) The areas west of Benton Coua and south of Benton Court across Benton Street are residential neighborhoods. (2) The balance between high density and low density property and zoning in this general area should not be tipped in the direction of more high density zoning. (3) The traffic on West Benton Street should not be intensified by development that will raise the per unit automobile density. (4) These are considerations that do not change with a simple change of ownership. Of course propeay within any zone can be sold from a willing seller to a willing buyer, but the buyer should not buy or be encouraged to buy on the assumption that ownership carries the right to dictate rezoning. The stability that should accompany zoning would be drastically undermined if neighborhoods could be undermined and destroyed in this manner. Respectfully submitted, 747 West Benton Street NOTICE OF PUBLIC HEARING Notice is hereby given that a public headng will be held by the City ,C=ouncil of Iowa City, Iowa, at 7:00 p.m. on the 21 day of March, 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 thereafter as posted by the City Clerk; at which headng the Council will consider. 1. An ordinance conditionally changing the zoning designation from Medium Density Single-Family Residential (RS-8) to Low Density Multi-Family Residential (RM-12) for 0.82 acres of property along the west side of Benton Court north of Benton Street. An ordinance amending Title 14, Chapter 6, "Zoning", to allow wide-base freestanding signs in some commercial zones under certain conditions. 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 ppdadmin~ph-3-21 .doc City of Iowa City MEMORANDUM Date: February 11, 2000 To: Planning and Zoning Commission From: Dennis Mitchell, Assistant City Attorney ~ Re: Wide-Base Freestanding Signs Chezik Sayers Honda has requested an .amendment to the sign regulations section of the Zoning Chapter to allow the installation of a wide-base, freestanding sign in the Intensive Commercial (C1-1) zone. A drawing of the sign Honda would like to install is attached. Freestanding signs are currently permitted in the Intensive Commercial (C1-1), Highway Commercial (CH-1), and Community Commercial (CC-2) zones, but the sign must be positioned on poles so that the bottom of the sign does not extend lower than ten feet (10') above grade. Wide-base signs are arguably more attractive than pole signs and would be appropriate in the Intensive Commercial (C1-1), Highway Commercial (CH-1), and Community Commercial (CC-2) zones provided certain conditions are met to protect the public interest. Staff would recommend that wide-base signs be limited to 25 feet in height (which is what is currently allowed for freestanding signs) and the base limited to 10 feet in width. The following are the ordinance amendments that staff would recommend to allow wide-base signs on a provisional basis in the CH-1, CC-2, and C1-1 zones: Section 14-60-2. Add the following definition: "FREESTANDING, WIDE-BASE SIGN: A freestanding sign in which the uprights or braces are clad in a permanent material such that the entire structure, including the braces, has a monolithic or columnar line which maintains essentially the same contour from grade to top." Section 14-60-3.D.3. Amend to read as follows: "Freestanding signs, freestanding wide-base signs, monument signs, or any other signs not mounted on a building are not included in this maximum building sign allowance and are governed by the specific requirements of the zone." Section 14-60-5.D.2. Add a new subparagraph "e" to read as follows: "In the CH-1, CC-2, and Cl-1 zones, one fleestanding wide-base sign may be installed per lot in lieu of a freestanding sign or monument sign provided the following conditions are met: (1) Lot frontage is not less than one hundred sixty feet (160'); and (2) The City engineer determines the location of the sign will not obstruct visibility or otherwise pose a safety hazard to vehicular traffic, including the visibility of vehicles entering or exiting the lot." Section 14-60-5.D.3.b. Add a new subparagraph (8) to read as follows: "Freestanding Wide-Base Sign: (A) Maximum Area: Two (2) square feet per lineal foot of lot frontage, not to exceed 125 square feet per sign face. Any area which is internally illuminated, contains attached lighting, or contains distinctive business colors shall be counted as part of the sign face. (B) Maximum Height: Twenty-five feet (25'). (C) Maximum Width of Base: Ten feet (10')." Section 14-60-7.A. Amend the first sentence of subparagraph 1 as follows: "For freestanding, monument, and freestanding wide-base signs .... : Section 14-60-7.B. Amend the first sentence of subparagraph 1 as follows: "Except for those zones not requiring a minimum front yard, no billboard, canopy, freestanding, monument, freestanding wide-base sign or sign support .... " Section 14-60-7oB. Amend subparagraph 2 by adding the following sentence at the end of the paragraph: "No part of a freestanding wide-base sign shall be located within ten feet (10') of any right-of-way or within thirty feet (30') of a street curb." dennis\mem\widesign3.doc City of Iowa City MEMORANDUM Date: March 15, 2000 To: City Council From: Dennis Mitchell, Assistant City Attorney Re: Wide-Base Freestanding Signs Chezik Sayers Honda has requested an amendment to the sign regulations section of the Zoning Chapter to allow the installation of a wide-base, freestanding sign in the Intensive Commercial (C1~1) zone. A drawing of the sign Honda would like to install is attached. The sign is 25'9" in height and 10' in width. Freestanding signs are currently permitted in the Intensive Commercial (C1-1), Highway Commercial (CH-1), and Community Commercial (CC-2) zones, but the sign must be positioned on poles so that the bottom of the sign does not extend lower than ten feet (10') above grade. Wide-base signs are arguably more attractive than pole signs and would be appropriate in the Intensive Commercial (C1-1), Highway Commercial (CH-1), and Community Commercial (CC~2) zones provided certain conditions are met to protect the public interest. Staff recommended that wide-base signs be limited to 25 feet in height (which is what is currently allowed for freestanding signs) and the base limited to 10 feet in width. The Planning and Zoning Commission agreed with staff and recommended approval of the proposed ordinance amendment by a vote of 7-0. I wanted to bring to your attention that the sign that Honda would like to install will not comply with the ordinance amendment because the sign is 9" too tall, The sign is prefabricated and has already been ordered by Honda as a former Honda employee apparently misunderstood the likelihood of Honda's ability to obtain a variance to permit the sign. However, staff felt it could not recommend an ordinance amendment which permitted wide-base signs in excess of 25' in height as no other signs are permitted to be greater than 25' in height except for those used to advertise along the interstate. As a result, Honda will have to place 9" of the sign below grade in order to comply with the proposed ordinance. If you have any questions, please feel free to contact me. C: Eleanor Dilkes, City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk Karin Franklin, Planning and Zoning Director Bob Miklo, Senior Urban Planner John Ehrhart, Attorney for Chezik Sayers Honda dennis\mem\widesign3,doc ( G-8.2 ~ FF · interna'. white. · Sign :o o Sign to J' TOP VIEW ,--, r~ ,, ,, FRONT ELEVATION SIDE ELEVATION Pylon Sign · Internally illuminated top section is PMS 285 C (blue), "H" icon and Hor. da logotype are white. Sides to be illuminated. Base to be White. · Sign to be double sided. · Sign to have reveals on top and bottom. PROJECT NO. ORAWN DATE SCAL~ QUAHTITY DRAWING REFERENCE 96420.00 DMN MAR '98 NO SCALE Honda Dealership Ir ~ i . :." , ~, lr ' . ..... ,,, ~\....~ 'r .-:~-':... :.- , ~ . ..- .~ --;: . . -~ · II "~/ _. ~)i,,' ,::2 '~' '~ '''" 0 · ' ,, t/I .:. · ..~ ~ | Chezik-Sayers Honda - Addition/Remodel ~ :~ ~' v ~.. -~ .l.~ ~:~ ~. ~;~:~/. ,Y .. ..... . · NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE TRANSIT METHANE ABATEMENT PROJECT, FOR THE CITY OF IOWA CITY, IOWA. TO ALL TAXPAYERS OF 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 plans, specifications, form of contract and estimated cost for the construction of the Transit Methane Abatement Project, in said City at 7:00 p.m. on the 21st day of March, 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. Said plans, specifications, form of contract and estimated cost are 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 plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng/nphrnethan.doc NOTICE OF PUBLIC HEARING ON INTENT TO PROCEED WITH A PUBUC IMPROVEMENT PROJECT, AND TO ACQUIRE PROPERTY RIGHTS FOR THE JOHNSON STREET SANITARY SEWER PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS IN THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on its intent to proceed with a public improvement project and to acquire property rights for the Johnson Street Sanitary Sewer project in said City at 7:00 p.m. on the 21= day of March, 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 NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE JOHNSON STREET SANITARY SEWER PROJECT TO: 335 Partners, 414 Market Street, Iowa City, IA 52245; Anita D. Bender, TSB Investments, 1145 Duck Creek Drive, Iowa City, IA 52246; Richard S. & Goldene B. Haendel, 402 McLean Street, Iowa City, IA 52246; Gregory H. Yates, Julie K, Hodge, Gary D. Hodge, 419 Jutewood Court, Fairborn, OH 45324; Kappa Alpha Theta Alumni & Bldg. Corp., 215 Sunset Street, Iowa City, IA 52246; HGA Properties, PC Box 2612, Iowa City, IA 52244; Jerrie W. and Dorothy K. Rogers, 1169 Hotz 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 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 ugrade and repair the sanitary sewer from Lucas Street to Van Buren Street between Burlington and Bowery Streets which project is to be known as the Johnson Street Sanitary Sewer Project. 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 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 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 21st day of March, 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 9§ 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 99 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 §5 6B.25 and 6B.54(11 )) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code 55 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 commissioners award. (Iowa Code 56B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code 5 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 owners rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owners rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Howard R. Green Company Iowa City Street Improvements Project No. 517580-J Mormon Trek Boulevard Iowa City, Iowa SECTION 00031 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CONSTRUCTION OF IOWA CITY STREET IMPROVEMENTS PROJECT, MORMON TREK BOULEVARD IN THE CITY OF IOWA CITY, IOWA. TO ALL TAXPAYERS OF 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 plans, specifications, form of contract and estimated cost for the construction of the Iowa City Street Improvements Project, Mormon Trek Boulevard, in said City at 7:00 P.M. on the 21st of March, 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. Said plans, specifications, form of contract and estimated cost are 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 plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING 00031 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR HIGHWAY 6 PEDESTRIAN BRIDGE OVERPASS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF 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 headng on plans, specifications, form of contract and estimated cost for the construction of the Highway 6 Pedestrian Bddge Overpass Project in said City at 7:00 p.m. on the 21 day of March, 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. Said plans, specifications, form of contract and estimated cost are 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 conceming said plans, specifications, contract or the cost of making said improvement. 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 pweng~nph3-21 .doc R-1