Miss Valley Truck prop condemnTO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
MEMORANDUM
September 23, 2002
SUBJECT: Mississippi Valley Truck Center: Commencement of Proceedings for the
Acquisition of Property by Eminent Domain
In March of 2002, the City Council approved a Master Plan for the Port of Dubuque.
One of the major responsibilities of the City in implementing the Master Plan is acquiring
and assembling properties for redevelopment. On May 20, 2002, the City Council
approved a resolution establishing the fair market value of property owned by
Mississippi Valley Truck Center, Inc. at $442,669.
Acquiring properties that are a blighting influence and have a use counter to the Master
Plan is very important to protect the investment occurring in the Port of Dubuque. The
City's Mississippi River National Education and Conference Center and the Riverwalk,
Platinum Hospitality's Grand Harbor Resort and Water Park, and the Dubuque County
Historical Society's Mississippi River Museum and Aquarium are all under construction.
Because of the proximity of the Mississippi Valley Trucking, Inc. property to these major
investments, the acquisition of the property is an important step in implementing the
Master Plan.
The City has assisted the company in finding a new location. The County Board of
Supervisors has recently approved the rezoning of property near the intersection of
US151/61 south of the City of Dubuque. This parcel was one of the properties shown to
the owners by a real estate agent hired by the City to assist the company in a search for
a new location.
Since May 20, Corporation Counsel Barry Lindahl has had many discussions with the
attorney representing the owner of Mississippi Valley Truck Center, Inc. in an attempt to
negotiate the acquisition of 1.486 acres of property located at 380 E. 4th Street. Yet, an
agreement has not been reached for the voluntary acquisition of this property.
Economic Development Director Bill Baum recommends that the City Council move
forward with the acquisition of the property of Mississippi Valley Truck Center, Inc. by
authorizing the commencement of proceedings for the acquisition by eminent domain.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
___________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
wr~lliam J. Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 23, 2002
TO:Michael Van Milligen, City Manager
FROM:William J. Baum, Economic Development Director
SUBJECT:Mississippi Valley Truck Center: Commencement of proceedings for
the acquisition of property by eminent domain
INTRODUCTION
This memorandum presents for City Council approval a resolution authorizing the
commencement of proceedings for the acquisition by eminent domain of real property
owned by Mississippi Valley Truck Center, Inc.
DISCUSSION
In March of 2002, the City Council approved a Master Plan for the Port of Dubuque.
One of the major responsibilities of the City in implementing the Master Plan is acquiring
and assembling properties for redevelopment. On May 20, 2002 the City Council
approved a resolution establishing the fair market value of property owned by
Mississippi Valley Truck Center, Inc at $442,669.
Acquiring properties that are a blighting influence and have a use counter to the Master
Plan is very important to protect the investment occurring in the Port of Dubuque. The
City has recently executed construction contracts for the Education and Conference
Center. Platinum Hospitality's hotel and indoor water park is under construction, and the
Dubuque County Historical Society's Mississippi River Museum and Aquarium is also
under construction. Because of the proximity of the Mississippi Valley Trucking, Inc.
property to these major investments, the acquisition of the property is an important step
in implementing the Master Plan.
The City has assisted the company in finding a new location. The County Board of
Supervisors has recently approved the rezoning of property near the intersection of
US151/61 south of the City of Dubuque. This parcel was one of the properties shown to
the owners by a real estate agent hired by the City to assist the company in a search for
a new location.
Since May 20, Barry Lindahl, Corporation Counsel, has had many discussions with the
attorney representing the owner of Mississippi Valley Truck Center, Inc. in an attempt to
negotiate the acquisition of 1.486 acres of property located at 380 E. 4th Street. Yet, an
agreement has not been reached for the voluntary acquisition of this property.
RECOMMENDATION
I recommend the City Council move forward with the acquisition of the property of
Mississippi Valley Truck Center, Inc. by adopting the attached resolution authorizing the
commencement of proceedings for the acquisition of the property by eminent domain.
F:\USERS\WBaurn\Memos to Mike - General~Merno about Miller Trucking2.doc
Preparer: Barry A. Lindah[, Corporation Counsel Suite 330, 300 Main St, Dubuque, IA 52001-6944 (563)583-4113:
RESOLUTION NO. 554-02
AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS FOR THE ACQUISITION BY
EMINENT DOMAIN OF REAL PROPERTY OWNED BY MISSISSIPPI VALLEY TRUCK
CENTER, INC.
Whereas, the City of Dubuque (City) intends to acquire certain real property owned by
Mississippi Valley Truck Center, Inc., legally described on Exhibit A attached hereto (the
Property); and
Whereas, by Resolution No. 269-02, adopted May 20, 2002, the City established the
fair market value of the Property as $442,669.00; and
Whereas, the City Manager and Corporation Counsel have negotiated in good faith
with Mississippi Valley Truck Center, Inc. for the purchase of the Property; and
Whereas, the City has not been able to reach an agreement for the voluntary
acquisition of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Corporation Counsel is hereby authorized to commence proceedings for the
acquisition of the Property by eminent domain as provided by law.
Passed, approved and adopted this 7th day of October, 2002.
Attest:
Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor
F:\USERS\WBaum~Vlemos to Mike - Generat~Mississippi eminent domain res.doc
EXHIBIT A
Legal Description
"Wm, Miller 4th Street Place in the City of Dubuque, Iowa" according to the recorded
plat thereof