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Southwest Arterial Right-of-Way Property Acquistion_InitiateTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Project - Parcel 195A, 195B Right -of -Way Property Acquisition - Set Date for Public Hearing DATE: June 9, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 City Engineer Gus Psihoyos 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 Southwest Arterial Project. 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 Gus Psihoyos, City Engineer THE CITY OF Dui Masterpiece on the Mississippi Dubuque kat:II All -America City 1111 2007 • 2012 •2013 TO: Michael C. Van Miliigen, City Manager Gus Psihoyos, City Engineer FROM: 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 SUBJECT: Southwest Arterial Project - Parcel 195A, 1958 Right -of -Way Property Acquisition - Set Date for Public Hearing DATE: June 9, 2014 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 Southwest Arterial Project 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 Southwest Arterial Project. BACKGROUND In April 2009 the City requested both Iowa DOT and FHWA approval and authorization to proceed with right-of-way property acquisition for the Southwest Arterial Project. On September 10, 2009, the City received official notification that the FHWA had given approval and authorization to proceed with right-of-way acquisition. PROPERTY ACQUISITION STATUS On March 27, 2014, the City received official approval from FHWA for clearance on the NEPA Re -Evaluation process and authorized work to resume on the project, which includes proceeding with right-of-way property acquisition. The City is currently proceeding with right-of-way property acquisition for the remaining 26 of the 52 impacted properties (50% complete). As of June 2014, the City has purchased 26 properties for a total purchase expenditure in the amount of $5.86 million to -date. 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 195A (O'Rourke Farms, LLC) • Parcel 195B (O'Rourke Farms, LLC) The attached aerial photo corridor map of the Southwest Arterial / US 61-151 interchange which provides additional detail and delineates those properties that will be impacted by the project. 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 for the Southwest Arterial Project. UPDATED COST ESTIMATE Due to the time that has elapsed since the initial "2009" cost estimate was developed, the City feels that it is necessary to update the cost estimate based on current market conditions, inflationary costs and the increased cost in agricultural land values. The updated estimate of probable cost for the right-of-way property acquisition is as follows: Descri tion Estimated Cost Right -of -Way Property Acquisition: $ 5,708,456 Property Acquisition Appraisal Services: 147,645 Property Management: 5,001 Total Expenditure To -Date: $ 5,861,102 Remaining Property to Acquire Cost Estimate: $ 7,114,452 Updated Property Acquisition Cost: $ 12,975.554 Based on current market conditions, inflationary costs and the increased cost in agricultural land values, the current estimate of probable cost has increased by approximately $3.16 million. Descri tion Estimated Cost 2013 - Updated Cost Estimate: $ 12,975,554 2009 - Original Cost Estimate: 9,806,320 County - Local Funding (10%) Cost Increase - Property Acquisition: $ 3,169.234 FUNDING SUMMARY The anticipated project funding summary for the right-of-way property acquisition phase for the Southwest Arterial project is as follows: Fund Description Fund Amount American Recovery and Reinvestment Act Funding ESL -2100 (646)--7S-31 $ 2,909,534 Federal SAFETEA-LU Funding (80%) ESL -2100 (646)--7S-31 8,052,816 City - Local Funding (10%) 1,006,602 County - Local Funding (10%) 1,006,602 Total Project Funding: $ 12,975.554 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 for the Southwest Arterial Project. Prepared by Robert Schiesl, Assistant City Engineer cc: Kent Ellis, Iowa DOT F:\PROJECTS\SOUTHWEST ARTERIAL\ROW ACQUISITION\Council and Staff Documents\Property Acquisition Set Public Hearing - 195 O'Rourke RESOLUTION NO. 175-14 SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN IF NECESSARY PROPERTY FOR THE SOUTHWEST ARTERIAL PROJECT 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 Southwest Arterial Project: Parcel 195A-1. A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record; Parcel 195A-2. A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record; Parcel 195B. A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, according to the United States Government Survey and the recorded plats thereof; subject to highway and easements of record; Whereas, the owner of the Parcel 195A is O'Rourke Farms, LLC; and Whereas, the owner of the Parcel 195B 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 Southwest Arterial Project and to acquire or condemn, if necessary, Parcels 195A and 195B; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 195A and 195B. 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 Southwest Arterial Project and to acquire or condemn in whole or in part, if necessary, Parcels 195A and 195B, 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 16th day of June, 2014. Attest: -vin S. irnstahl, i'Clerk ,0 Roy D. ol, Mayor 38.8 ofr OFAOON %%Vs TOLE cLe S MAR to nrn TORR CROSS NO oho ew+ecp°q, 4 ENE HEIGHTS!Rp e ME.aGROumN HEi0 tS INERS LN • Roosevelt • Rm 9 MONTICELLO OR • (i24) (124) 1. • (i4o) (142) (152) (i3o) (i24) (i33) (138) (139) (144) (i4o) (240 (148) (148) (124) (i24) (13O) C130) (i24) IP lin (i47) <174) (i75%176) (i73) eat (109) ; (jos) (147) <172) (i72) (134) (135) (125) 9 (106) (125) (i25) (i26) 425) 4 0 °p G 5 2 m. z wo (i69) 88a (104) SILVERWOOD 161 (i94) STONEWOOD 101. Dubuque Metropolitan Area Solid Waste Agency 104. Kluck Partnership 107. Kim Sanford 108. Arthur& Karen Rokusek 109. Thomas & Charlotte Pfeiffer 110. State of Iowa 112. Plastic Center Inc 113. Paul & Jayne Cate 114a. Wiliam & Janet Siegert 114b. Wiliam & Janet Siegert 115. Menard Inc PARCEL ID - PROJECT ACQUISITION STATUS 117. Broughton Investments, Bob 122a. LeRoy & Jeanette Bettcher 124. Sharon L. Bradley Trust 125. Neztrop LLC 126. Portzen Building Firm LLC 127b. English Ridge LLC 129. John & Carolyn Haupert 130. Robert W Bradley Trust 133. John & Gertrude Oberbroeckling 134. David & Joyce Peterson 135. Rose M Thill • 138. John J Oberbroeckling 140. David J Watters 141. Scott Hos 142. Dennis P Freiburger 144. Wiliam & Margaret Walser 147. Betty Jean Siegert-Tigges 148. Dennis & Judy Watters 149. Ronald & Gary Valentine 150a. Gary & Mary Beth Valentine 150b. Ronald & Marlene Valentine 151. John L Knepper 151a. John L Knepper 152. Wiliam Kress 161. Clement Reuter 169. River City Development Group LLC 169a. River City Development Group LLC 170. Connie F Simon 172. Mt Olivet Cemetery Assoc 173. Michael & Chris Lambert 174. David & Shirley Lambert 175. Dennis & Susan Troester 176. Rodney & Janet Farrey RIN 184. Jon Luckstead 187. Jon Luckstead 188a. Dean & Nancy Herbst 188b. Dean & Nancy Herbst 194. Tracy, WM D & Betty and Tracy, WM Craig & Kay 195a. O'Rourke Farms LLC 195b. O'Rourke Farms LLC City of Dubuque - FDR Park Purchase Status Purchased Not Yet Purchased Previously -obtained City/State/County Property -NRKEvq`,z Aw Property Acqui `iti�on as of December 2013 Property Acquisctatgp ibtect to change. Document Path: H:ACity Manager's Office ASW Arterial A2014 01 062014 Property Acqu isi&gp Troy mxd -40 4 1888 ) Ham. Dean & Nancy H. _ 4 Simon x ifeesZAIZzas Ci) • 4.4 JI/ L:\work\protect\113036\cadd\OlsplayPOF\POF\CompleteProject.dsn (1950RourkeDlsplay)', 20.0' Permanent Easement for City Utilities Temporary Easement Utilitiy construction O'Rourke Farms, L.L.C. 11 rr isting 16.5' Century Link Easement 0 " `c'Rourke Forms, L.L.C. / �. /temporary \ \ j+�Easement for Acces: ri 111 if 4. • Temporary y Tempora Easements Easement, for shaping to remove concrete slat Temporary Easement Utilltiy constructJo' i Temporary Ea:tement to constr df entrance 16.5' Permanent Easement for Century Link 20.0' Permanent Easement for City Utilities Existing 18.5' Century Link Easement 0•f,-; 0 200 400 600 �- SCALE IN FEET Permanent Acquisition, Roadway Purposes Temporary Acquisition, Roadway Purposes Permanent Easement, City Utilities Temporary Easement, Utility Construction Existing Easement, Century Link Permanent Easement, Century Link • O'Rourke Farms, LLC. • r, 16.5' Utility Easement for Verizon CeII Tower 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