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North Cascade Road Set Fair Market Value_Initiate Copyrighted February 18, 2019 City of Dubuque Items to be set for Public Hearing # 4. ITEM TITLE: North Cascade Road Set Fair Market Value SUMMARY: City Manager recommending that the City Council set a public hearing for March 4, 2019 on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the North Cascade Road Reconstruction Project. RESOLUTION Setting a public hearing on the intent to commence a Public Improvement Project for the North Cascade Road Reconstruction Project and to acquire agricultural land for the Project and to establish just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn if required SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 4, 2019. ATTACHMENTS: Description Type North Cascade Road Reconstruction Project Right-of- City Manager Memo Way Property Acquisition-NNM Memo Staff Memo Staff Memo Resolution Resolutions Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: North Cascade Road Reconstruction Project — Parcels 1 , 2, 5, 10 & 11 Right-of-Way Property Acquisition — Set Date for Public Hearing lowa DOT Project No. STBG-SWAP-2100 (669)—SG-31 DATE: February 11 , 2019 Assistant City Engineer Bob Schiesl recommends the City Council set a public hearing for March 4, 2019 on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the North Cascade Road Reconstruction Project. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Robert Schiesl, Assistant City Engineer Engineenng Department DUbUCjU2 50 W. 13rh Street THE CITY OF � Dubuque,IA 52001 IIFAI1eMqCity Office(563)589-4270 D�L L �� Fax(563)589-4205 � � � �� T��s6s�69a66�s engme er@cityofdubuque.org 2007•2012 www.cityofdubuque.org Masterpiece on the Mississippi za�3.zo�, TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: North Cascade Road Reconstruction Project - Parcels 1 , 2, 5, 10, & 11 Right-of-Way Property Acquisition - Set Date for Public Hearing lowa DOT Project No. STBG-SWAP-2100 (669)--SG-31 DATE: February 11 , 2019 INTRODUCTION The purpose of this memorandum is to provide the City Council with information related to the right-of-way property acquisition phase for the North Cascade Road Reconstruction Project, from the bridge over Catfish Creek to EdVal Lane and request that a public hearing be set for March 4, 2019. The Public Hearing will set forth the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn if required for the North Cascade Road Reconstruction Project. BACKGROUND With the upcoming completion of the Southwest Arterial (US 52) and the location of the Middle Interchange at North Cascade / English Mill Road, traffic volumes are expected to increase on North Cascade Road. The existing roadway is narrow, substandard in design and is inadequate to accommodate future traffic and development growth. The Timber Hyrst residential subdivision is under development and connects Creekwood Drive to North Cascade Road between Edval Lane and the Catfish Creek bridge. The development agreement for this subdivision between the City of Dubuque and North Cascade Road Developers, LLC. stipulates that the City will complete safety related improvement to North Cascade Road. The City is developing a project to reconstruct North Cascade Road between the bridge over the South Fork of Catfish Creek to the future intersection of North Cascade Road and the Southwest Arterial. The project will be developed into 2 phases; Phase 1 (2019) - from Catfish Creek bridge to Edval Lane; and Phase 2 (2021) - from Edval Lane to Southwest Arterial. The current 24-foot rural roadway will be widened to accommodate a 35-foot urban "complete streeY' section with 5-foot paved shoulders / bike lanes on each side and grading for future sidewalks on each side of the road. The existing curves on North Cascade Road are substandard and will be realigned to improve safety and allow for better sight distance. PROPERTY ACQUISITION STATUS The City is ready to begin the partial acquisition process for five (5) agricultural properties and one (1) residential property after the Public Hearing (March 4th) is held for those respective properties. Those properties are identified as follows: Land Fee Title Perm Temp Parcel Property Owner Name Type / Use (Acres) Easement Easement Acres Acres 1 Howard & Sandra Arensdorf Residential 0.576 0.204 0.145 2 Howard & Sandra Arensdorf Agricultural 0.627 0 0.253 2 Jeffery Arensdorf Agricultural 0.627 0 0.253 5 Gary Valentine Agricultural 1.10 0 0.054 10 John Steger & Heyo Tjarks Agricultural 0.372 0 0.015 11 John Steger & Heyo Tjarks Agricultural 1.572 0 0.525 The attached aerial photo corridor map of the North Cascade Road Reconstruction corridor, from the bridge over Catfish Creek to EdVal Lane, which will provide additional detail and delineates those properties that will be impacted by the project. RECOMMENDATION I recommend that the City Council set March 4, 2019 as the date for a public hearing on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn if required for the North Cascade Road Reconstruction Project. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution setting the date for a public hearing on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn if required for the North Cascade Road Reconstruction Project. Prepared by Robert Schiesl, Assistant City Engineer cc: Kent Ellis, lowa DOT Nate Kiefer, Land Surveyor Nathan Steffen, Engineering Assistant F:\PROJECTS\SOUTHWEST ARTERIAL\ROW ACQUISITION\Council and Staff Documents\Set Public Hearing - Parcel 104, 105, 114 RESOLUTION NO. 59-19 SETTING A PUBLIC HEARING ON THE INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT FOR THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT AND TO ESTABLISH JUST COMPENSATION VALUATION (FAIR MARKET VALUE) OF NECESSARY RIGHT-OF-WAY PROPERTY WHICH THE CITY INTENDS TO ACQUIRE OR CONDEMN IF REQUIRED Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation; and Whereas, the City Council finds that it may be necessary to acquire or condemn in whole or in part the following -described property for the North Cascade Road Reconstruction Project, between the bridge over Catfish Creek to EdVaI Lane: Parcel 1. Lot 2 of Lot 1 of the Southeast Quarter of the Southwest Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 2.Lot 2 of Lot 2 of Ohmert Farm in Section 3, Township 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 5. Lot 1 of Valentine. Place No. 3, Section 3, Township 88 North, Range 2 East of the 5th Principal Meridian, in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 10. The Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 11. Lot 1 of Lot 1 of the Southeast Quarter of the Southwest Quarter of Section 34, Township 89 North, North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; and Whereas, the owner of the Parcel 1 is Howard & Sandra Arensdorf; and Whereas, the owner of the Parcel 2 is Howard & Sandra Arensdorf, and Jeff Arensdorf; and Whereas, the owner of the Parcel 5 is Gary Valentine; and Whereas, the owner of the Parcel 10 is John Steger and Heyo Tjarks; and Whereas, the owner of the Parcel 11 is John Steger and Heyo Tjarks; and Whereas, a public hearing should be set on the City's intent to commence a public improvement project for the North Cascade Road Reconstruction Project and to acquire or condemn, if necessary, Parcels 1, 2, 5, 10 and 11; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 1, 2, 5, 10 and 11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: The City Engineer is hereby authorized and directed to cause a notice in the form attached hereto to be mailed to each of the owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to commence a public improvement project for the North Cascade Road Reconstruction Project and to acquire or condemn in whole or in part, if necessary, Parcels 1, 2, 5, 10 and 11, to be held on the 4th day of March, 2019, at 6:30 o'clock p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 18th day of February 2019. 4„1 Roy D. Buol, Mayor Attest: Key' S. Firnstahl, ity Ierk Special Achievement in GIS � � rHearroF � 2018AwardWinner North Cascade Road Reali nment Pro ect DUB " E Masterpiece on the Mississiqpi STP-11 -2100(669)- -70-31 � � ! q �¢ i yr � i a� S �.r r �,( �+� y � b�y �a� P",. ..`� � -.e.. � :r: ` � '" i/r hd'�: �'�.� i � �� ' k� ; , '"�'z, � ., � �� ,�' � �� ` fy.�; ` r.; •�x;i � }�' :��, *'�<r�j..;. �,^' 4 �: ,.r �k � � � � s �S r � �E� �. �� y.� x"fi� � /; � �� }� f '�r dsr c ?e r: y "`�+it/�fi ,. g f Ya xl � v i ��' � r :i� � � � t" � � � , ��i /' s a „ij ;l r . � . ��r� a< i� � `A '�� / � ✓ '; / � . � � .�� ".- p"` 7 w.sr � '� l; �, " '�a �<� A �a'' �. (�iy ,�`�, ��, + '� �,�i� � / 4 y / '� �, �r�' " � . V'f ' . . � � �!/ x " v � � f � ,/" i � l � ; � C t °=� �" � _;t/� _ �f � i ,a r� /�J� . ; , _ � �l,i ' r ,�k r,� r- �� , �d � ��A, r "taGn J t '; � � ,•� qr �� . . .... Y , � �k` u(� r,��`� Yi�°�"'.'� /, �r-',� �:'� � . 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F � r '�'" ' ��, HOWARD W �;� � � �� '�� — � ..y��;: � A� ;�` ; � ..��` �". NORTH CASCADE ROAD �� & SANDRA L. ��s.� �, � � $ ,��r , � �� 'I DEVELOPERS LLC � �-�,1 �� , �`,�`��;. . �. � � , , * R � �., O �,�� v . w., � �� MAQUOKETA VALLEY � � ; � !y � RURAL ELECTRIC COOP '� O ; ARENSDORF, JEFFREY � ;��,,�;• ."� ` '` � �.�� ' � � �� &ARENSDORF, HOWARD & SANd�tA.L "�� ,� ' '� �, �� ,�� .t:�.�� - � �� , � � L6 �� ,� '� � ,`� �' OP � � �,�� ;'� �� ° � � `: �� .'�".'u .,,� , `�, r �,� ��r � �r.�ii' ":✓ l E'�.;i � ,+5 5 . ......._. mPlled , .. , � . - . . ±. . 'ng the Dub q A G og ph' I formaton SVstem �oAcis� wn n i a a e e a ev eom me cn oF ��'��'N� Map Prepared By: NMS o�e�a�e a�d o�e�a�e co��N. ie�s��de�srood mae,wnue me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�d a��ce��fo�mac�o�a�auabie,oA��s a�d 1 ineh = 300 feet nn T Engineering Division ie�s�,vvue�s do�oe wa��a�e me a��a�v o��e��v of ine 1"1\�l EC 1 mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d Pa�ei�iPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ��a�e�eiai,v��ieroe,o�svedai damae�,wneme�ro��eaeie o� ��eeaeie,a��s��g o�e oF me a�eno��zea o��a�mo��zea��oF 300 150 0 300 Feet P R E # Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ea�n oF wa��a�ry wna�oe�� Fax.(563)589-4205 F:\PROJECTS\North Cascade Rd Reconstruction(669)\Property Acquisition\North Cascade Road Realignment 02292012.mxd CITY OF DUBUQUE OFFICIAL NOTICE NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT FOR THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT; NOTICE OF PUBLIC HEARING Last known address of Owners owner of affected land TO: Howard and Sandra Arensdorf (Parcel 1, 2) 11250 North Cascade Road Dubuque, Iowa 52003 Jeffery Arensdorf (Parcel 2) 11800 Miners Lane PO Box 182 Dubuque, Iowa 52004-0182 Gary Valentine (Parcel 5) 11429 Edval Lane Dubuque, Iowa 52003 John Steger (Parcel 10, 11) 11367 North Cascade Road Dubuque, Iowa 52003 Heyo Tjarks (Parcel 10, 11) 11371 North Cascade Road Dubuque, Iowa 52003 Legal Descriptions: Parcel 1. Lot 2 of Lot 1 of the Southeast Quarter of the Southwest Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Meridian in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 2. Lot 2 of Lot 2 of Ohmert Farm in Section 3, Township 88 North, Range 2 East of the 5th Principal Meridian in Table Mound Township, Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 5. Lot 1 of Valentine Place No. 3, Section 3, Township 88 North, Range 2 East of the 5th Principal Meridian, in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 10. The Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 11. Lot 1 of Lot 1 of the Southeast Quarter of the Southwest Quarter of Section 34, Township 89 North, North, Range th 2 East of the 5 Principal Meridian, Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; and Under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all owners of such agricultural land whose properties may be acquired in whole or in part for the project. See Iowa Code §§ 6A.21(a), 6B.2A. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land that the City Council of the City of Dubuque will consider authorizing the commencement of a project to reconstruct a segment of North Cascade Road, from Catfish Creek to EdVal Lane, and related facilities. 2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR CONDEMNATION. If the above described project is approved by the City Council, the City will be required to acquire property (fee title, permanent easements, and temporary construction easements) for the project improvements. Upon review of Dubuque County property records, it appears that agricultural land owned by the above identified persons may have to be acquired in whole or in part for the project. The City will attempt to purchase the required agricultural land by good faith negotiations, and it may condemn those properties which it is unable to purchase. The proposed location of the above described public improvement is shown on a conceptual drawing of the project which is now on file in the office of the City Engineer and available for public inspection. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. In making the decision to proceed with the above described project and to authorize the acquisition of property (fee title, permanent easements, and temporary construction easements) and property interests, the City Council is 2 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 (fee title, permanent easements, and temporary construction easements) for the project. NOTICE OF PUBLIC HEARING The public hearing on the project will be held during the City Council's regularly scheduled meeting on the 4th day of March, 2019 at the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, commencing at 6:00 p.m. In order for the City to proceed with the above- described project and commence the acquisition of property for the project, the City Council will be required to approve the project and authorize acquisition of private property (fee title, permanent easements, and temporary construction easements) for the project by Council resolution. The City Council is scheduled to consider adoption of the resolution at said meeting following the public hearing. If the project is approved by the City Council, a certified appraiser retained by the City will determine the compensation (in compliance with Federal regulations and Iowa Department of Transportation right-of-way acquisition policies and procedures) to be paid for property or property interests that are needed for the project. 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 properties by condemnation. Copies of supporting documents for the public hearings are on file in the City th Clerk’s Office, City Hall, 50 W. 13 St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the th City Clerk’s Office, 50 W. 13 St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visual- or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. 4. CONTACT PERSON. Persons desiring further information regarding the proposed public improvement project or its impact on the properties identified above may contact by mail, th Assistant City Engineer, Robert Schiesl, 50 West 13 St., Dubuque, Iowa 52001, or by telephone at (563) 589-4270. 5. STATEMENT OF RIGHTS. 3 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 §§ 6B.45, 6B54) c. Receive a copy of the appraisal and review appraisal, 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 §§ 6B.4, 6B.7, and 6B.18) g. 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 §§ 6B.25 and 6B.54(11)) h. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) i. 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 commissioner's award. (Iowa Code § 6B.33) 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. This Notice is given by pursuant to Iowa Code Section 6B.2D. 4 /s/Gus Psihoyos, City Engineer Notice Mailed to all affected Property Owners on the 31st day of January, 2019. Notice Published in the Telegraph Herald on the 22nd day of February, 2019. 1t 2/22 5