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Home My WebLink About2016-06-06 Public hearingRESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF VACATED WATERFRONT DRIVE RIGHT-OF-WAY WITHIN SOUTHGATE ADDITION, PART 1, AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR JUNE 6, 2016 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 its intention to convey that portion of Waterfront Drive proposed to be vacated within the Southgate Addition, Part 1, near the southeast corner of the intersection of South Gilbert Street and U. S. Highway 6, Iowa City, Iowa, to the adjacent property owners at 7:00 p.m. on the 6th day of June, 2016, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street 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 resolution is now on file in the office of the City Clerk in the City Hall 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 conveyance. 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 A • Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 RESOLUTION APPROVING THE CONVEYANCE OF VACATED WATERFRONT DRIVE RIGHT-OF-WAY WITHIN SOUTHGATE ADDITION, PART 1 WHEREAS, EVC Iowa City, L.L.C. (a/k/a Equity Ventures Commercial Development) asked the City Council to vacate certain Waterfront Drive right-of-way, within the Southgate Addition, Part 1, Iowa City, Iowa, legally described on the attached Right - of -Way Vacation Plat; and WHEREAS, this request has been made to allow the d veloper to combine this vacated right -of with the adjacent lots it intends t redevelop as Southgate Addition, Part 2, a co ercial development; and WHEREAS, an applicatio has been made for approval f said Part 2 final plat, which contemplates the dedicati of 1,906 square feet of 'ght-of-way to the City along Gilbert Street; and WHEREAS, the City desires t have this G facilitate a future public improvem t project to intersection with Highway 6, adjace to this su WHEREAS, City Council set and held published as required by law; and reet right-of-way dedicated to and upgrade the Gilbert Street : and on this request after notice was WHEREAS, in accordance with state law, a City is required to receive fair market value for this property; and WHEREAS, Staff recommends appro I of t ' conveyance in consideration of payment in the amount of $79,312.80, ich Staff nds to be fair market value for the vacated Waterfront Drive right-of-wa based upon n examination of the assessed value of adjacent property, the cost relocating the s wer lying therein, and the value of the Gilbert Street right-of-way the applicant has agre to dedicate to the City; and WHEREAS, this value is base upon a calculation tha deducts the value of the Gilbert Street right-of-way to be/dedicated to the City with IN Southgate Addition, Part 2 final plat, which staff find reasonable given the uniq circumstances of this dedication. NOW, THEREFORE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, HAT: 1. The conveyance of the right-of-way vacated pursuant to Ordinance No. 16 - and described on the attached plat, to the adjacent property owners as tenants-in- common for payment of fair market value, as described above, is hereby approved. FILED ®E MAY 1 1 2016 City Clerk Iowa Citv. Iowa 2. The Mayor is authorized to sign, and the City Clerk to attest, any documentation necessary to effectuate this conveyance in a form approved by the City Attorney, and to record the same at EVC Iowa City, L.L.C's expense upon payment of the purchase price. Passed and approved this day of 2016. M, ATTEST PROPRIEIOIL 19n,rfha RIGHrf WAY VACATION PLAT VfATEAFRONTD AtlTHGATE AOORION,PMT11N 6lWERNNFNT LOT4 OF SECTION WITON419WETN PM IOWA CITY, JOHNSON COUNTY, IOWA U.Z. #or Sibfew oeruvwcs�NcgT / /I �... "FLAT OF SURVEY" ; / /:!6OUTGI PART I DI�PIORI\ N.usmel¢ NEN M M T6M � 2 / N Afl4A9l'C MM TOmT ISIAtfD \ NMamtN Nl peeWPMra<RWa M1LV fmcdF Wla M1aYIWea M a1e[4M NV9Y IarGlRb an1L / a`n•�F 4b1 Rl[asRb Aq2 POINT OF M�i.10 b71� dN%]7oP BEORiNINO� �aYa o-0y�gppt 1mS�C' \1 ' orRl°�iP9ES ' Arm&40�vr 6A . FILED �wg949 AIbHT•OFWgYVMJITON. v ja 10f.91 AC p MAY 113016 / 3� City Verk Gatau.ane'xW Iowa City, lower® / 80 MATE ADDITIOK9 / PART 9 %, /' M �snehai uuar lonmae aTu. DESOMPTION - RGW--OF-Nur VACAMON (9uro5goNT MM A POROON OF SDIITIGATE ADOfIION, PART 1 DP COMF HENT LOT LEGEND AND NOTES 4 OF SECTION 10. 7oTM4iIP 70 NWIH. RANG 9 1M.. OF THE W �pARr romb FIFTH PR9lOPAL YFA101AN, IO1YA CRY. d]1U15W. CQINry, IOWA -WA DIMCFE ED AS FOl1OM __.________ 1p�y Be91anN9 of tln Sauf est Oamsr of tat of Swthpole Addllbn, - 1�1aR� RAT® aN of piFyy Pmt 1. b Iso. CRN Iwo. In oaoad.. Wth 1, Pm fMno/ ---_____-__ LOMS mm Recordas In Plat Beek 9 of Page Se of Ne R.emae of the dd,man Cmm Rasmdo'I - a SOMOFT b a PaM a tithe NoM lhna of Lot ] of odd Smdkpete "D 1� ,NIS MWML yy DWERMIa m N RII No,uppya Pmt 1: Th. 6a7Tla'011t along asW NaNk LM 24.aa Thnw SmMWasferly. 79.16 feet tlarp veld Ner1h Line on a 12SfA fool rodhn curve, ear,asn NorNaseteely. WAaro 74.07 chard bean 5849o"M, ThanesN/Q2TOD'M; ofpnp sat Ilne, and the Ner1A Llne of Lot.4 and 6 al nk Sou AddRI., Pat 1.. a(.dbtonce of 191.99 fast to Re b Withthe I hWdry eer11W 00l tln 1N NamWo y. Th9QS2 tMt dung Lb.=W EOmt yM1O9�ht— t- Lb,�epil ;L"m Plus feet rade. ,sono,foot chard beaN943Y42-F. !n N bden.otlm WIN a Nt-ef- Uu of Wola6mt . �..�fasFt4ttlmp�itldNmR1m17 f�,la-of-N^Y1.1no an k1ndlae sures, con a Nertheaslnpl above 207{bean OBIQ�Sf2Oo19' ' Th/iw Sma aa�Wly 7294 fast d eNE NaN,My1®�a MamegRld,t-ei-WOYLhe m a 19SB9 fest.�Smwd dob 6 actror y1.20...�r NmiFmemely_ d.er 7 Adz a..e w..r ,:..� s, 75.6D tool hoalue avrve,�eenaan Nat X Whosa 4A42 foot a, W, =Mm n ao Mad bene N5419'SD2• Theep N 'OD'd 2A99 ML to NW Poht of 13400.9. Stl tYota9mlt • R1�Mef-Woy 9oeat9n Pmgl amtom 0.11 Ams (13494 yuan fast), and b avb}et to eoasmasU and mbktaw of read SEA — °�O O'R�S <tv tihlUliill�Vh g � �� 48313A11; $� D C, p o 91 El Z O)HV 1- 33, y Z� b of (1311 2 5` �cn F �i�9illf N33 FAA I� OFLAT OF SU RVEYI OESM"ON - MGNT--W-WAY VACATION �'E gam .gQ RIGHT�P-WAY VACATION PLAT WATERFRONTO gWMATEADDITION. PMT 7 IN GOVERNMEWL91`4 OF GECRON 161704tSW- RK IOWA CITY, JOHNSON COUNTY, IOWA Ma 9 2 6 RIbNT•0P*AY VACATION . 1031 ACOF 4 I 3 souuH Qs ADDDQTROjMv N ILR %gt9Rt S�P MPIO�4 i1C d1eNLN fa1NY Rr[peepe A}ty DRI12j UI•A•L� db0 IIMM LOT ZZ:pfHV I-�3f15 EGEND AND N S R; oT THE N7r. Iowa Ed3ll BBI{� � ' -_ �p°q9�', ar Dp161AH77�� nerd) b AdalDm� '� MiDa ON BY bem Im tl,enol 19. dma _ IOp_4 nevaez emam _ — pBIK S9pN NAM 15-0-=a, aAm l ft BBm W.DnOdBO AtM1�4p NA®m 74A0 loot NM North Th m ha law �YIi y[�Yy6-4 netaBW—�b p�Y�� lad tLeryQ IMr tb ft. monn1 nlni Wa "t AI-- . had boon e NorYM7 081m 1®61 m men 6 L b BBB W" meeel !ab h Daaror>f.20,_ X .72 OWA 2 foot er /wb afweo Bae to thn Vxo06n UI•A•L� db0 �� ZZ:pfHV I-�3f15 sn Ed3ll I NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 6th day of June, 2016, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 1504 Yewell Street, also described as Lot 79, Kirkwood Heights Addition, Iowa City, Iowa, to an income -eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK r CITY OF IOWA CITY s ''v�� MEMORANDUM Date: June 2, 2016 To: Geoff Fruin, Interim City Manager From: Jann Ream, Code Enforcement Specialist Oz2 Re: 1504 Yewell Street Introduction: This agenda item is to convey property condemned by the City as a nuisance property to a private buyer for purposes of rehabilitation. History/Background: The property was abandoned and left vacant by the previous' owner in 2012. City staff attempted to contact the owner in Arizona many times to determine what her plans were for the property with no response. Staff then offered to purchase the ,property with no response. Because of the deteriorating condition of the property, staff recommended that Council declare it a nuisance and approve authorization through condemnation which Council did at the November 10th, 2015 City Council regular meeting. One last attempt to acquire the property through a voluntary sale was made with no response from the owner, and the City proceeded to condemnation. On March gt", 2016, the compensation hearing was held at the Johnson County Sheriff's Office and the compensation jury set the value to be paid at $60,000 which was the appraised value. The owner did not appear at the compensation hearing. The City acquired title to the property and advertised the property for sale for rehabilitation. State law requires the City to sell the property to a buyer that will rehabilitate it or demolish it and construct a new residential unit. The City set the sale price at $71,000 in order to recoup the price paid for the property and additional expenses such as payment of liens and back taxes. Three offers were received but only one, from Quality Home Rentals, LLC, was for the full asking price of $71.,000. Recommendation: City staff recommends selling the property to Quality Homes Rentals, LLC. This company has been remodeling and maintaining property in Iowa City for many.years and has demonstrated expertise, competence and reliability. Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF THE PROPERTY LOCATED AT 1504 YEWELL STREET. WHEREAS, the property at 1504 Yewell Street was declared a public nuisance and acquired by the City through the eminent domain process for $60,000; an WHEREAS, state law requires the City to convey the property to a buyer that will either rehabilitate the home or demolish it and construct a new use; and WHEREAS, the City s entered into an agreeme , subjec to formal approval by the City Council, for the sale oft property for $71,000; and WHEREAS, conveyance f the property will bes reimburse the City for the expenses incurred and is in the public interest; nd WHEREAS, on May 17, 201 the City Cc interest in 1504 Yewell Street, uthorizing p the date and time for the public h aring; and WHEREAS, following the public he ing o the conveyance is in the public intere t. NOW, THEREFORE, BE IT RESOL D CITY, IOWA, THAT: 1. Upon the direction of the execute a warranty deet described as Lot 79, Kirkyl 2. The City Attorney is actions necessary to It was moved by _ adopted, and upon AYES Passed and approved this Approved by City Attorney's Office adopted a Resolution proposing to convey its notice of the proposed conveyance, and setting the proposed conveyance, the City Council finds that BY THE CITY COUNCIL OF THE CITY OF IOWA Atto ey, the Mayor and the City Clerk are authorized to iveying the City's interest in 1504 Yewell Street, legally Heights ddition, Iowa City, Iowa. authorized to eliver said warranty deed and to carry out any imate the convkyance required by law. and secondN by were: NAYS: ABSENT: day of MAYOR ATTEST: CITY CLERK the Resolution be Botchway Cole Dickens Mims _ y Taylor Thomas Throgmorton s '2016. c� c� Publish 5/20 NOTICE OF PUBLIC HEARING OF THE IOWA CITY CITY COUNCIL ON A PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ASPEN VENTURES, LLC FOR THE CITY PROPERTY TO THE NORTH OF CITY HALL THAT IS CURRENTLY USED AS A PARKING LOT PUBLIC NOTICE is hereby given that the Iowa City City Council will hold a public hearing on June 6, 2016, at 7:00 p.m. in Emma Harvat Hall, at City Hall, 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 meeting the Council proposes to take action on the proposal to enter into a Purchase Agreement (the "Agreement") with Aspen Ventures, LLC (the "Developer") whereby the Developer would purchase from the City the property to the North of City Hall, which is legally -described in the Agreement (the "Property"). The Developer is the owner of the Unitarian Church property at the corner of Iowa Avenue and Gilbert Street and desires to acquire The Property from the City, preserve the Unitarian Church and develop the Property for multi -family residential housing, office space, a multi -story parking facility, and a fire station for use by the City. The Developer has offered to purchase The Property for the current appraised value of $3,330,000.00. The Agreement is contingent on the execution of a mutually agreeable Development Agreement for the redevelopment of The Property and the Unitarian Church site which, in addition to other mutually -agreeable terms, must include an agreement for design and development of the combined parcels and the acquisition by the City, by a lease purchase agreement in accordance with Section 364.4(4) of the Iowa Code, of the fire station, office space and parking facility to be constructed by Aspen Ventures in accordance with plans and specifications approved by the City. The Agreement provides that the purchase price may be adjusted by the parties to reflect any public benefits negotiated in connection with the Development Agreement. A copy of the Agreement is on file for public inspection during regular business hours in the office of the City Clerk, City Hall, City of Iowa City, Iowa. At the above meeting the Council shall receive oral or written comments from any resident or property owner of said City, to the proposal to enter into the Agreement with the Developer. After all comments have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action on the proposal or will abandon the proposal to authorize said Agreement. Dated this 20th day of May, 2016. Marian K. Karr City Clerk, City of Iowa City, Iowa -nm)yCity of Iowa City " `"U , MEMORANDUM Previously distributed as #4e(2)on 5/17/1 Date: May 11, 2016 To; City Council From: Eleanor M. Dilkes, City Attorne Re: Property to North of City Hall - Purchase Agreement with Aspen Ventures LLC Background Aspen Ventures LLC, by member Jesse Allen, proposes to purchase the property to the North of City Hall for the development of multi -family residential housing, office space, a multi -story parking facility, and a fire station for use by the City. The City Manager has signed a Purchase Agreement that is contingent on City Council approval. Closing on the Purchase Agreement is then contingent on the execution of a mutually -agreeable Development Agreement, which shall include agreement regarding the design and development of the Project, and acquisition by the City of the fire station, office and parking facility components by a Lease -Purchase Agreement with such components to be constructed by Aspen Ventures along with the residential components of the project. The purchase price is for the current appraised value of $3,330,000 and may be adjusted by the parties to reflect any public benefits negotiated in connection with the Development Agreement. The details of the Project will be set forth in the Development Agreement and Lease -Purchase Agreement, both of which must be approved by the City Council. The legal structure contemplated for this project is the same as that used for the Harrison Street Parking Facility/Sabin Townhomes Project currently under construction. The primary difference is that with the former project the land was owned by the Developer. Here, the land must be transferred to the Developer by the City prior to commencement of construction. A horizontal property (condominium) regime will be imposed on the Property that is agreeable to the Developer and the City, and the City will lease -purchase the condominium unit(s) to be used for the city components from the Developer. With the exception of the public hearing on the plans, specifications and cost estimates, a contract for construction by a private party of property to be lease -purchased to a city is not subject to the public bidding requirements of the state code. However, because it is a financing mechanism it must be approved in accordance with the bond approval requirements of the state code. This type of Project requires that detailed cost estimates, plans and specifications, as well as long term financing must be agreed to and documented in the Lease -Purchase Agreement and the accompanying documents concerning long term financing. Because the Lease -Purchase Agreement as well as the Development Agreement regarding the design and development of the entire Project are contingencies, the Purchase Agreement provides for a relatively lengthy time for satisfaction of the contingencies. Closing is to occur no later than January 1, 2017 and the City Manager is given the authority to extend the closing date for an additional four months without City Council approval. Staff will keep the Council informed as the project progresses. Recommendation As the owner of the Unitarian Church at the corner of Gilbert Street and Iowa Avenue, Aspen Ventures is uniquely situated to partner with the City for development of the property to the North of City Hall and has previously shared his concept plans with the City Council. The partnership, if agreement can be reached, will also result in achieving May 11, 2016 Page 2 the community objective of preserving the church with landmark designation status. While there are numerous contingencies in the purchase agreement, it is, in essence, an agreement between the City and the Developer to work together to come up with a project that serves the needs of both parties, as well as the public. Staff recommends that the Council set a public hearing on the Purchase Agreement for June 6, 2016 with consideration of approval to follow. Cc: Marian Karr, City Clerk Geoff Fruin, Interim City Manager Chris O'Brien, Transportation Director Doug Boothroy, Neighborhood and Development Services Director Dennis Bockenstedt, Finance Director