Initiation for Condemnation for Coates Property at 13102 Derby Grange Road Copyrighted
May 1, 2017
City of Dubuque Items to be set for Public Hearing # 6.
ITEM TITLE: Initiation for Condemnation for Coates Property at 13102
Derby Grange Road
SUMMARY: City Manager recommending that the City Council set the
fair market value for the 13102 Derby Grange Road
property easement, authorize negotiations with property
owner Mrs. Eileen Coates and set for public hearing the
initiation of the condemnation process for June 5, 2017.
RESOLUTION Establishing fair market value, directing
good faith negotiations, and setting public hearing
concerning the possible exercise of Eminent Domain
authority by the City of Dubuque to acquire land or rights in
agricultural land for a proposed site-specific public
improvement project at 13102 Derby Grange Road
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for June 5, 2017
ATTACHMENTS:
Description Type
Initiation for condemnation for Coates Properly-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Initiation for Condemnation for Coates Property
DATE: April 26, 2017
City Engineer Gus Psihoyos recommends the City Council set the fair market value for
the Coates property easement, authorize negotiations with Mrs. Coates and set for
public hearing the initiation of the condemnation process for June 5, 2017.
The City has entered into an agreement with Derby Grange, LLC. to develop
approximately 100 homes at the corner of Derby Grange Road and Kennedy Road. As
part of the agreement the City must provide city water and sewer to the property. Water
service will be provided along Kennedy Road. The ideal option for serving the property
with sewer crosses the property owned by Mrs. Eileen Coates and the late Douglas
Coates. This route allows for the provision of sewer service to the Derby Grange, LLC.
development as well as future provision of sewer service to the most property within the
area with the lowest cost for installation.
The City is attempting to negotiate an easement acquisition agreement with Mrs. Eileen
Coates and will continue to do so. However, the time lines for provision of sewer
service to the Derby Grange, LLC. development require the condemnation process to
be initiated in the event a voluntary negotiation is not successful.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
6&x"—
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
To: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
neer
DATE: April 27, 2017
RE: Set for Public Hearing Request
Initiation of Condemnation for Coates Property
The City has entered into an agreement with Derby Grange, LLC. to develop
approximately 100 homes at the corner of Derby Grange Road and Kennedy Road. As
part of the agreement the City must provide city water and sewer to the property. Water
service will be provided along Kennedy Road. The ideal option for serving the property
with sewer crosses the property owned by Mrs. Eileen Coates and the late Douglas
Coates. This route allows for the provision of sewer service to the Derby Grange, LLC.
development as well as future provision of sewer service to the most property within the
area with the lowest cost for installation.
The City is attempting to negotiate an easement acquisition agreement with Mrs. Eileen
Coates and will continue to do so. However, the time lines for provision of sewer
service to the Derby Grange, LLC. development require the condemnation process to
be initiated in the event a voluntary negotiation is not successful.
I respectfully request the City Council to set the fair market value for the easement,
authorize negotiations with Mrs. Coates, and set for public hearing the initiation of the
condemnation process for June 5, 2017. Thank you.
cc: Crenna Brumwell, City Attorney
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL cbrumwel@cityofdubuque.org
RESOLUTION NO. 161-17
ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH
NEGOTIATIONS, AND SETTING PUBLIC HEARING CONCERNING THE POSSIBLE
EXERCISE OF EMINENT DOMAIN AUTHORITY BY THE CITY OF DUBUQUE TO
ACQUIRE LAND OR RIGHTS IN AGRICULTURAL LAND FOR A PROPOSED SITE-
SPECIFIC PUBLIC IMPROVEMENT PROJECT AT 13102 DERBY GRANGE ROAD
WHEREAS, the City of Dubuque, Iowa, intends to acquire certain real property
owned by Douglas and Eileen Coates (Owner) and legally described as:
Lot 1 of the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 89
North, Range 2 East of the 5th RM., in Dubuque County, Iowa, according
to the recorded plat thereof
(the Property) as shown on Exhibits A-1 and A-2 to improve the City enterprise
providing for sewer systems along Derby Grange Road; and
WHEREAS, the acquisition of agricultural real estate, or interests in agricultural
real estate, will be necessary in order to make the necessary public improvements; and
WHEREAS, the City has caused an appraisal of the Property to be made and the
appraised value of the Property is $22,751.00; and
WHEREAS, the City Council now desires to establish the fair market value of the
Property; and
WHEREAS, the State of Iowa requires a public hearing, after mailed and
published notice, as a precondition to the exercise of authority under eminent domain
involving agricultural land; and
WHEREAS, the City Council will pursue informal negotiations with the Owner
and will only resort to eminent domain authority in the instance where informal
negotiations prove to be unsuccessful; and
WHEREAS, the passage of a resolution authorizing the use of eminent domain
authority prior to the commencement of negotiations is necessary so that delay does not
result if informal negotiations prove to be unsuccessful; and
WHEREAS, the City Council believes that the site-specific plans for the
construction of the proposed public improvement will be pursued, that financing is
available for the actual construction of this public improvement, and that the public
improvement is in the best interests of the citizens of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The fair market value of the Property is hereby established to be
$22,751.00.
Section 2. The City of Dubuque is hereby authorized to commence negotiations
with the Owner of the Property and any other interested parties for the purchase of the
Property for a purchase price which is not less than the fair market value established by
this Resolution.
Section 3. A public hearing to consider the authorization to use eminent domain
authority, only if necessary, to acquire agricultural real estate, or interests in agricultural
real estate, for the proposed improvements along Derby Grange Road, is hereby set for
the 5th day of June, 2017, at 6:00 p.m. in Council Chambers on the second floor of the
Historic Federal Building at 350 West 6th Street, Dubuque, IA 52001.
Section 4. The City Clerk shall cause to be served the published and mailed
notices in the time and manner called for in Iowa Code §6B.2A.
Passed, approved, and adopted this 1st day of My, 2017.
Roy D. , fyor
Attest:
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Kevin . Firnstahl, 'City Clerk
Dubuque CITY OF DUBUQUE LOT 1-2 TSCHARNER
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Area=4,798.54 SF
0.1102 Ac x$1,1201 Ac $123
East Sanitary Sewer 5runn `r=
Easement#4-Permanent 1
Area=17,683.60 SF
0.4060 Ac x$14,0001 Ac=$5,684.00
DESIGN TEAM: TIC CITY OF DUBUQUE-ENGINEERING DEPT DUBUQUE COUNTY I PROJECT NUMBER: 7101350 1 Derby Grange Sanitary Sewer•Coates Easement Exhibit I SHEET: D.00 I REV.02 Mar 17
THE CITY OF
1 1 1 I II II II I I I I I I III IIII
Masterpiece on the Mississippi
Dubuque
kzitzl
All -America C ty
11111
2007 • 2012 2013
NOTICE OF PUBLIC HEARING
City Clerk's Office
City Hall
50 W. 13th Street
Dubuque, IA 52001-4864
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
TO: Douglas M. and Eileen C. Coates
Owners and contract purchasers of record as shown by the County Auditor
YOU ARE HEREBY NOTIFIED pursuant to Iowa Code §6B.2A that a public hearing will
be held before the Dubuque City Council in Council Chambers, second floor of the
Historic Federal Building, at 350 West 6th Street, Dubuque, IA 52001, at 6:00 p.m. on
the 5th day of June, 2017, for the purpose of receiving public input into the consideration
of whether or not to authorize the use of eminent domain authority (condemnation) with
respect to the proposed sewer enterprise public improvements along Derby Grange
Road now under consideration and the final design of that project. The current site-
specific design for this project involves a portion of the real estate owned by you as
shown by the records of the Dubuque County Auditor.
What: Public Hearing of the Dubuque City Council
Location: Dubuque City Council Chambers
2nd floor, Historic Federal Building
350 West 6th Street
Dubuque, Iowa 52001
Time: 6:00 p.m.
Date: June 5, 2017
The purpose of the project is to expand and improve the City enterprise providing for
sewer systems along Derby Grange Road.
Following the public meeting, the City Council may consider a resolution or other
declaration of intent to acquire or condemn, if necessary, all or a portion of your
property for the purpose of public improvement.
The laws of the State of Iowa require, and the City of Dubuque will pursue, informal
negotiations with you concerning the just compensation required for any property, or
interest in property, taken or affected by this project. In the event the City elects to
proceed with negotiations under the Eminent Domain (Condemnation) Chapter of the
Iowa Code, you will receive a copy of the formal appraisal, prior to the commencement
of any negotiations between you and the City of Dubuque. You cannot be offered less
than the appraised value as determined by the appraisal. If negotiations are
unsuccessful, then the law requires additional notices and hearings prior to the taking of
any property or interest in property.
Funding for this project is expected to be obtained from cash on hand in any fund of the
City which can be legally used for such purposes and funds borrowed for this purpose
through the issuance of revenue bonds.
Final selection of the design for this project will be made based upon engineering
design standards that are applicable to public improvements, including the topography
of the properties and the anticipated service volumes and capacities of the facilities.
The person designed by the City of Dubuque as the person with whom communications
should be made about this project is City Engineer Gus Psihoyos, 50 West 13th Street,
Dubuque, IA 52001, (563) 589-4270, aosihovo(a.citvofdubuque.orq.
A statement of individual property rights prepared by the Iowa Attorney General is being
mailed to the owners of agricultural land affected by the existing design of the project,
together with a copy of the State statute describing this notice and the purpose for the
public hearing.
Please plan to attend the public hearing and consult with an attorney concerning your
rights with respect to the process of eminent domain.
This notice was authorized by the City Council by resolution setting hearing and
directing notice passed at its regular meeting on the 1st day of May, 2017.
Kevin. Firnstahl
City Clerk, CMC, City of Dubuque
6B.2A Notice of proposed public improvement.
1. An acquiring agency shall provide written notice of a public hearing to each
owner and any contract purchaser of record of agricultural land that may be the subject
of condemnation. The authority under this chapter is not conferred and condemnation
proceedings shall not begin unless a good faith effort is made to mail and publish the
notice as provided in this section on the owner and any contract purchaser of record of
the property subject to condemnation. The notice shall be mailed by ordinary mail, not
less than thirty days before the date the hearing is held, to the owner and any contract
purchaser of record of each property or property interest at the owner’s and contract
purchaser’s last known address as shown in the records of the county auditor not less
than seven days nor more than fourteen days prior to the date of mailing. A change in
ownership of any such property which is not reflected in the records of the county
auditor during the period those records are searched as above provided shall not affect
the validity of the notice or any condemnation proceeding commenced on the basis of
such notice.
The notice shall be given and the public hearing held before adoption of the ordinance,
resolution, motion, or other declaration of intent to fund the final site–specific design for
the public improvement, to make the final selection of the route or site location for the
public improvement, or to acquire or condemn, if necessary, all or a portion of the
property or an interest in the property for the public improvement. If the location of the
public improvement is changed or expanded after the decision has been made to
proceed with the public improvement, a notice shall be mailed by ordinary mail no less
than thirty days before the adoption of the ordinance, resolution, motion, or other
declaration of intent to proceed with a change in the location of the public improvement
to the owner and any contract purchaser of record of the land to be acquired or
condemned, if necessary, in the new location of the public improvement affected by the
change. The mailed notice shall, at a minimum, include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency may acquire part
or all of the property or interest in the property by condemnation for the public
improvement.
c. The process to be followed by the acquiring agency in making the decision
to fund the final site–specific design for the public improvement, to make the final
selection of the route or site location, or to acquire or condemn, if necessary, all
or a portion of the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an opportunity is provided
for public input into the decision to fund the final site–specific design for the
public improvement, to make the final selection of the route or site location, or to
acquire or condemn, if necessary, all or a portion of the property or an interest in
the property for the public improvement.
e. The name, address, and telephone number of the person designated by
the acquiring agency as the person to contact regarding the public improvement.
f. A statement of rights of individual property owners with respect to the
acquisition of their property and the availability of relocation benefits. The
attorney general shall adopt by rule pursuant to chapter 17A a statement of rights
which may be used in substantial form by any person required to provide the
statement of rights as provided in this section.
2. The acquiring agency shall cause a notice to be published once in a newspaper
of general circulation in the county or city where the agricultural land is located. The
notice shall be published at least four but no more than twenty days before the public
hearing is held as referred to in subsection 1. The published notice shall, at a minimum,
include the following information:
a. The general nature of the public improvement.
b. A statement of the possibility that the acquiring agency may acquire part
or all of the property or an interest in the property by condemnation for the public
improvement.
c. The process to be followed by the acquiring agency in making the decision
to fund the final site–specific design for the public improvement, to make the final
selection of the route or site location, or to acquire or condemn, if necessary, all
or a portion of the property or an interest in the property for the public
improvement.
d. The time and place of a public hearing at which an opportunity is provided
for public input into the decision to fund the final site–specific design for the
public improvement, to make the final selection of the route or site location, or to
acquire or condemn, if necessary, all or a portion of the property or an interest in
the property for the public improvement.
e. The name, address, and telephone number of the contact person
regarding the public improvement.
3. If the acquiring agency is a person required to obtain a franchise under chapter
478, compliance with section 478.2 shall satisfy the requirements of this section. If the
acquiring agency is a person required to obtain a permit under chapter 479, compliance
with section 479.5 shall satisfy the requirements of this section.
4. This section shall not apply to a condemnation of property by the state
department of transportation or a county for right–of–way that is contiguous to an
existing road right–of–way and necessary for the maintenance, safety improvement,
repair, or upgrade of the existing road.
Notwithstanding section 6B.2C, a condemnation of property by the state department of
transportation pursuant to this subsection shall be approved by the director of the
department of transportation. For purposes of this subsection, “upgrade” means to bring
a road or bridge up to currently acceptable standards, including improved geometrics,
passing lanes, turning lanes, climbing lanes, and improved shoulders. “Upgrade” does
not include expanding a highway from two lanes to four lanes.
5. The time deadlines in this section do not apply during the existence of an
emergency requiring the construction or repair of public improvements in situations
where failure to immediately construct or repair would result in immediate danger to
public health, safety, or welfare. The notices required in this section shall be provided to
the owner as soon as practicable.
STATEMENT OF PROPERTY OWNER’S RIGHTS
Just as the law grants certain entities the right to acquire private property, you as the
owner of the property have certain rights. You have the right to:
1. Receive just compensation for the taking of property. (Iowa Constitution,
Article I, section 18)
2. An offer to purchase which may not be less than the lowest appraisal of
the fair market value of the property. (Iowa Code section 6B.54(3))
3. 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 ten
days before being contacted by the acquiring agency’s acquisition agent. (Iowa
Code section 6B.45)
4. An opportunity to accompany at least one appraiser of the acquiring
agency who appraises your property when an appraisal is required. (Iowa Code
section 6B.54(2))
5. Participate in good-faith negotiations with the acquiring agency before the
acquiring agency begins condemnation proceedings. (Iowa Code section 6B.2B)
6. Retain legal counsel of your choosing at your expense for the purpose of
bringing a court action to challenge the exercise of eminent domain authority or
the condemnation proceedings in accordance with the provisions of law. (Iowa
Code section 6B.3A; Iowa Code section 6A.24)
7. A determination of just compensation by an impartial compensation
commission and the right to appeal its award to the district court if you cannot
agree on a purchase price with the acquiring agency. (Iowa Code section 6B.4;
Iowa Code section 6B.7; Iowa Code section 6B.18)
8. 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 section 6B.25; Iowa Code section 6B.26;
Iowa Code section 6B.54(11))
9. Reimbursement for expenses incidental to transferring title to the acquiring
agency. (Iowa Code section 6B.33; Iowa Code section 6B.54(10))
10. Reimbursement of certain litigation expenses: (a) if the award of the
compensation commissioners exceeds 110 percent of the acquiring agency’s
final offer before condemnation; and (b) if the award on appeal in court is more
than the compensation commissioners’ award. (Iowa Code section 6B.33)
11. To the greatest extent practicable, be provided at least 90 days’ written
notice to vacate occupied property prior to construction or development of a
public improvement. (Iowa Code section 6B.54(4))
12. Relocation services and payments, if you are eligible to receive them, and
the right to appeal your eligibility for and amount of the payments. (Iowa Code
section 316.9; Iowa Code section 6B.42)
The rights set out in this statement are not claimed to be a full and complete list or
explanation of an owner’s rights under the law. They are derived from Iowa Code
chapters 6A, 6B and 316. For a more thorough presentation of an owner’s rights, you
should refer directly to the Iowa Code or contact an attorney of your choice.
0004 5226 9194
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SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Douglas & Eileen Coates
13102 Derby Grange Road
Dubuque, IA 52002
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
UNITED STATES POSTAL SERVICE
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RTIFIEC MAILTM CEIPT
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or•e'ilk' =ry n •cvs,_our,• a ea ;www. -ps me -<
Postage
Certified Fee
Return Reciept Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees I $
Sent To
Street, Apt. No.;
or PO Box No.
City, State, ZJP+4
ostmark
i Here
Douglas & Eileen Coates
13102 Derby Grange Road -
Dubuque, IA 52002
PSiFgrrn-3800 4une-2002
Re
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A. Signature
X
B. Received by (Printed Name)
❑ Agent
❑ Addressee
C. Date of Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Service Type
!'Certified Mail
0 Registered
❑ Insured Mail
❑ Express Mail
jtReturn Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
7002 2030 0004 5226 9194
Domestic Return Receipt
0 Yes
102595-02-M-1540
First -Class Mail
Postage & Fees Paid I
USPS
Permit No. G-10
° Sender: Please print your name, address, and ZIP+4 in this box •
City Clerk's Office
50 W. 13th. St.
Dubuque, IA 52001
ENDERiCP114171;ETEITHISSE4710Atit.,,&,.
COmplete items 1, 2, and 3. Als6 complete
item 4 if Restricted Delivery is desire;.
• Print your name arid address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Douglas & Eileen Coates
13102 Derby Grange Road
Dubuque, IA 52002
2. Article Number,
(transfer fioni service label)
PS Fonii' 38i t, Feburi2OO4
A. Signature
X 'L6Air
B. Received by ( Printed Name)
0 Agent
o Addressc
C. Date of Deliver
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3. Service Type
;netted Mail
0 Registered
0 Insured Mail
0 Express Mail
Return Receipt for Merchandis
0 C.O.D.
4. Restricted Delivery? (Extra Fee)
0 Yes
7002 2030 0004 5226 9194
J
boinestid Return Receipt 102595-02-M-15
UNITED STATES POSTAL SERVICE
C.E-rOf AR RA PI'A ;- 4 " Ttega,,,P.Old
btlr'S
lqb
iTY5 MAY :.1.04
• Sender: Please print your name, address, :and ZIFiVIrin thislbok •
City Clerk's Office
50 W. 13th. St,
Dubuque, IA 52001