HomeMy WebLinkAbout2021-591-09.07.2021Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, 319-234-5701.
RESOLUTION NO. 2021-591
RESOLUTIONS TO APPROVE CERTAIN ACTIONS WITH RESPECT TO
THE HAMMOND AVENUE BRIDGE PROJECT, TO ESTABLISH THE
AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTY
INTERESTS TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO
AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR
ACQUISITION OF SAID PROPERTY INTERESTS IN FURTHERANCE OF
THE PROJECT OBJECTIVES.
WHEREAS, the City of Waterloo desires to undertake a project for reconstruction of a
bridge on Hammond Avenue, located south of E. Orange Road (the "Project"); and
WHEREAS, on August 2, 2021, the City Council of the City of Waterloo set a date of
public hearing on the proposed Project for September 7, 2021, and written notice of said hearing
has been mailed as required by law to interested persons, including but not limited to the owners
and record contract purchasers of "agricultural land" as defined by Iowa Code § 6A.21, and has
been published in the manner required by law; and
WHEREAS, the public hearing has been held and the City Council of the City of Waterloo
has heard the testimony and evidence submitted by City planning staff and by members of the
general public, and the City Council desires to make a final selection of the Project site location,
to authorize funding for the Project, and to acquire the property interests necessary for the Project,
whether fee title, permanent easements or temporary easements; and
WHEREAS, the City Council of the City of Waterloo has discussed acquisition of and/or
reviewed appraisals for certain properties in the Project area and determined that the appraisals,
prepared by Rally Appraisal, LLC and dated as of March 2, 2021 (the "Appraisals"), represent the
fair market value of the property interests to be acquired, and the City of Waterloo desires to
purchase the property interests necessary for the Project for the appraised value of same; and
WHEREAS, in the event that good -faith efforts to negotiate the purchase of property
interests is not successful, the City Council of the City of Waterloo desires to authorize the use of
condemnation procedures under Iowa law to acquire the property interests by eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the design and site location of the Project as presented to the Council
shall be and hereby are selected as the final Project location and design, and public funding of
Project improvements are hereby authorized.
BE IT FURTHER RESOLVED that the amount set forth opposite the name of each owner
of land that includes property interests necessary for the Project is determined to be the just
compensation, as determined by the Appraisals, for acquisition of all fee title interests in and upon
such properties that are reasonably necessary for the Project:
Owner of Record
Roger T. Kalsem Revocable Trust (SE)
Roger T. Kalsem Revocable Trust (SW)
Burk and Julianne Miehe
Price
$14,218 for .34 acres
$15,120 for .54 acres
$10,935 for .81 acres
BE IT FURTHER RESOLVED that the amount set forth opposite the name of each owner
of land that includes property interests necessary for the Project is determined to be the just
compensation, as determined by the Appraisals, for acquisition of all temporary easements in and
upon such properties that are reasonably necessary for the Project:
Roger T. Kalsem Revocable Trust (SE)
Roger T. Kalsem Revocable Trust (SW)
Burk and Julianne Miehe
$962 for .46 acres
$560 for .40 acres
$243 for .36 acres
BE IT FURTHER RESOLVED that the Community Planning and Development
Department is authorized to incur such incidental costs, relocation costs, management costs, and
other costs as may be reasonably necessary or required by law to assure payment of just
compensation to the property owners and to assist in relocation and other expenses made necessary
by the Project.
BE IT FURTHER RESOLVED that the City Council finds that the Project will constitute
a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22 and
that, accordingly, the use of eminent domain to acquire the property interests is appropriate and
authorized by law.
BE IT FURTHER RESOLVED that, if efforts to negotiate a purchase of the property
interests are unsuccessful, use of procedures prescribed by Chapters 6A and 6B of the Code of
Iowa for condemnation of private property for public projects is hereby approved for
condemnation of the property interests, it being the reasonable expectation of the City Council of
the City of Waterloo that the public purpose of condemnation in support of the Project will be
achieved and that the City of Waterloo in carrying out the purposes and intents of the Project will
be able to comply with all applicable standards and to obtain all necessary permits.
BE IT FURTHER RESOLVED that the offices of Community Planning and Development
and the City Attorney are hereby authorized and directed to make use of condemnation procedures,
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in combination with such additional negotiations with the owners of the ownership interest in the
properties or their authorized representatives as may be advisable in the circumstances, to set a
date for hearing and to acquire the property interests in furtherance of the objectives of the Project.
PASSED AND ADOPTED this 7th day of September 2021.
ATTEST:
LeAnn M. Even, Deputy City Clerk
SIGNED
Quentin Hart, Mayor
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution No. 2021-591, as passed and adopted by the
Council of the City of Waterloo, Iowa, on September 7, 2021.
SEAL
Witness my hand and seal of office this 7th day of September, 2021.
LeAnn M. Even, Deputy City Clerk
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