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Dubuque Regional Airport Propety Easement Acquisition for Extension of Public Utilities_InitiateTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Extension of Public Utilities to the Dubuque Regional Airport Property Easement Acquisition - Set Date for Public Hearing DATE: June 10, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Assistant City Engineer Bob Schiesl recommends the City Council set a public hearing for July 21, 2014, on the City's intent to acquire or condemn, if necessary, property for the extension of public utilities to the Airport. I concur with the recommendation and respectfully request Mayor and City Council approval. IA/1144 ,,,,, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Robert Schiesl, Assistant City Engineer Gus Psihyoyos, city Engineer Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Dubuque kat:II All -America City 1111 2007 • 2012 •2013 Michael C. Van Miliigen, City Manager Gus Psihoyos, City Engineer Bob Green, Water Department Manager Robert Schiesl, Assistant City Engineer Engineering Department 50 W. 13th Street Dubuque, IA 52001 Office (563) 589-4270 Fax (563) 589-4205 bschiesl@cityofdubuque.org www. cityofdubuque.org Extension of Public Utilities to the Dubuque Regional Airport Property Easement Acquisition - Set Date for Public Hearing June 9, 2014 INTRODUCTION The purpose of this memorandum is to provide the City Council with information related to the property acquisition (permanent and temporary easements) for the extension of public utilities to provide services to the Dubuque Regional Airport and request that a public hearing be set for July 21, 2014 on the City's intent to acquire or condemn if necessary property for the extension of public utilities to the Airport. BACKGROUND In November 2012, the City entered into a professional service agreement with WHKS & Co. to design the City of Dubuque Utility Extensions to the Dubuque Regional Airport. Preliminary designs and utility alignments have been developed. The preliminary alignments were shared with the effected property owners to get their input. Several meetings were held with different property owners until acceptable alignment locations achieved. In January of 2014, WHKS & Co. developed preliminary easement plats for permanent, temporary, and access easements. The preliminary plats were reviewed with the property owners and were also used for preliminary appraisals. After additional input, from the property owners, the plats were finalized and final appraisals completed. The remainder of the design is moving toward completion with the intent of bidding the project immediately following property acquisition. PROPERTY ACQUISITION STATUS The City is ready to begin the acquisition process as soon as the Public Hearing (July 21st) is held for those respective properties. Those properties are identified as follows: • Parcel 101 (O'Rourke Farms, LLC) • Parcel 102 (O'Rourke Farms, LLC) • Parcel 103 (William D. Tracy, Craig Tracy and Kay J. Tracy) • Parcel 104 (Patricia Furuseth) • Parcel 105 (O'Rourke Farms, LLC) The attached aerial photo corridor map provides additional detail which delineates those properties that will be impacted by the extension of public utilities to the Airport. RECOMMENDATION I recommend that the City Council set July 21, 2014, as the date for a public hearing on the City's intent to acquire or condemn if necessary property (permanent and temporary easements) for the extension of public utilities to the Airport. FUNDING SUMMARY The funding for property acquisition (permanent and temporary easements) for the extension of public utilities to provide services to the Dubuque Regional Airport will be funded by: CIP No. Fund Description Fund Amount 7102409 Sewer $ 2,796,172.61 7402395 Water $ 2,236,455.84 3002491 Fiber $ 300,000.00 Total Project Funding $ 5,332,628.45 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution setting the date for a public hearing on the City's intent to acquire or condemn if necessary property (permanent and temporary easements) for the extension of public utilities to the Airport. Prepared by Robert Schiesl, Assistant City Engineer Todd Irwin, Engineering Technician cc: Todd Da!sing, Airport Jenny Larson, Budget Director F:\PROJECTS\Utility Extension to Airport 2014\Council & Staff Documents\Property Acquisition Set Public Hearing RESOLUTION NO. 174-14 SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY PROPERTY FOR THE EXTENSION OF PUBLIC UTILITIES TO THE DUBUQUE REGIONAL AIRPORT 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 extension of public utilities to the Dubuque Regional Airport: Parcel 101. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 13, TOWNSHIP 88 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 102. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 1 AND LOT 3 OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND LOT 1 OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 13, TOWNSHIP 88 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 103. A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 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 104. A PERMANENT UTILITY EASEMENT, TWENTY (20) FEET IN WIDTH, FOR SANITARY SEWER LOCATED IN LOT 4 OF FURUSETH'S SUBDIVISION, IN LOT 33 OF FURUSETH'S SIXTH ADDITION AND IN LOT 2 OF FURUSETH'S EIGHTH ADDITION OF SECTION 23, TOWNSH' IP 88 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 105. A PERMANENT INGRESS -EGRESS EASEMENT, 30.00 FOOT IN WIDTH, LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 88 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 Parcel 101 is O'Rourke Farms, LLC; and Whereas, the owner of Parcel 102 is O'Rourke Farms, LLC; and Whereas, the owner(s) of Parcel 103 is William D. Tracy, Craig Tracy and Kay J. Tracy; and Whereas, the owner of Parcel 104 is Patricia F. Furuseth; and Whereas, the owner of Parcel 105 is O'Rourke Farms, LLC; and Whereas, a public hearing should be set on the City's intent to commence a public improvement project for the extension of public utilities to provide services to the Dubuque Regional Airport and to acquire or condemn, if necessary, Parcels 101, 102, 103, 104, 105; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 101, 102, 103, 104, and 105. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Clerk 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 extension of public utilities to the Dubuque Regional Airport and to acquire or condemn in whole or in part, if necessary, Parcels 101, 102, 103, 104, and 105, to be held on the 21st day of July, 2014, 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 16t" day of June, 014. Roy D.ol, Mayor Attest. evin S. Firns ahl, y Clerk fs?/ Document 1 of 1 Source: Iowa Code/2014 IOWA CODE/2014 IOWA CODE/TITLE I STATE SOVEREIGNTY AND MANAGEMENT/SUBTITLE 3 EMINENT DOMAIN/CHAPTER 6B PROCEDURE UNDER EMINENT DOMAIN/6B.2A Notice of proposed public improvement. 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. 06/12/2014 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 t� 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. 99 Acts, ch 171, §2, 42; 2000 Acts, ch 1178, §1; 2000 Acts, ch 1179, §2 4, 30; 2002 Acts, ch 1063, §1 Referred to in 6B.2D, 478.2, 478.6, 479.5, 479.7 © Iowa Legislature 06/12/2014