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HomeMy WebLinkAbout2013-01-05 ResolutionPrepared by: Dennis Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5143 RESOLUTION NO. 13 -1 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE MOSS RIDGE ROAD PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON FEBRUARY 5, 2013. WHEREAS, under the provisions of Sections 6B.2A and 66.26 of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct the Moss Ridge Road Project, which includes the construction of Moss Ridge Road from N. Dodge Street/ Highway 1 to the proposed Moss Ridge Campus @ Rapid Creek Preserve, which project is to be known as the Moss Ridge Road Project; and WHEREAS, funds for this project are available in the Moss Ridge Road account # 3802. WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project and authorizing the acquisition of property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Documentation showing the proposed location of the Moss Ridge Road Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intent to proceed with the Moss Ridge Road Project and to acquire property rights therefore is to be held on the 5t' day of February, 2013, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be in substantially the attached form; said publication to be published in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Resolution No. 13 -1 Page 2 Passed and approved this 5th day of January . , 20_13 . MAYOR ATTEST: 1/ CITY'ftERK Ap roved by 'City Attorney's Office ! (� It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x X x x X pweng /mastersfimprovres.doc 1/11 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE MOSS RIDGE ROAD PROJECT TO: NCS Pearson Inc. 5601 Green Valley Drive Bloomington, MN 55437 Stephen A. Moss David G. Moss 3354 Kenruth Circle NE Iowa City, IA 52240 Leo H Fuhrmeister 3292 Highway 1 NE Iowa City, IA 52240 Neal Llewellyn (1/2 Int.) Hills Bank & Trust Co. Service, Trustee Otologic Medial Medical Sery PC 401K Profit Sharing Plan (1/2 Int.) 590 W Forevergreen Road North Liberty, IA 52317 Chapter 613 of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above - identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site - specific design for the Moss Ridge Road Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of Moss Ridge Road from N. Dodge Street/ Highway 1 to the proposed Moss Ridge Campus @ Rapid Creek Preserve and associated infrastructure. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above - described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and /or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above - identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above - described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. . 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. 2 In making the decision to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site - specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 5`h day of February, 2013 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk In order to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above - described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above - described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and /or property acquired in fee simple. 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 property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Moss Ridge Road Project please contact the following person: Denny Gannon City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5143 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above - described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. 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) An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 613.45, 61354) 9 c. Receive a copy of the appraisal, if an appraisal is required, 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 §613.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §613.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §613.3(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 §§ 68.4, 613.7, and 613.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 613 AA) h. 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 §§ 68.25 and. 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 68.33 and 6B.54(10)) j. 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 §613.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) I. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) 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. Mari . Karr City Clerk nA All CITY OF IOWA CITY MEMORANDUM DATE: January 2, 2013 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Authorizing Property Acquisition for the Moss Ridge Road Project Set Public Hearing: January 5, 2013 Hold Hearing and Authorize Property Acquisition: February 5, 2013 Introduction: Design of the Moss Ridge Road Project is underway. The acquisition of property interests will be necessary for the construction of this project. History /Background: As per the Iowa City Comprehensive Plan, adopted in 1997, the area west of the Pearson property is identified as ideally suited for the expansion of the major employment center that has developed around the interstate 80 interchange with State Highway 1 and should be preserved for office and research park development. However, because the property is currently landlocked, a public street will need to be extended from Highway 1 to the property west of Pearson in order for it to develop per the Comprehensive Plan. Discussion of Solutions: The Moss Ridge Road Project will include the construction of street from Highway 1 to Moss Ridge Campus at Rapid Creek Preserve, N. Dodge Street/Highway 1 improvements, sidewalk, sanitary sewer, water main, traffic signals, stormwater system, and stormwater detention facilities. Fair Market value for the right of way and easements will be established by compensation estimates or appraisals. City staff will make an offer to purchase the right of way and easements for the established fair market value and negotiate with the property owners. In the event the necessary easements for the project cannot be acquired by negotiation, the City Attorney will be authorized and directed by the resolution to initiate condemnation proceedings for acquisition of the right of way and easements necessary to fulfill the functions of the project, as provided by law. Financial Impact: Funding for this project will be via general obligation bonds. Staff will apply for a RISE grant from the Iowa Department of Transportation. Recommendation Staff recommends authorizing the acquisition of property interests necessary for construction of the Moss Ridge Road Project.