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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