HomeMy WebLinkAbout2013-968-11/18/2013Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2013-968
RESOLUTION TO APPROVE CERTAIN ACTIONS WITH
RESPECT TO THE KIMBALL AVENUE IMPROVEMENTS
PROJECT AND TO AUTHORIZE NEGOTIATIONS AND
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 the improvement of a select segment of existing
Kimball Avenue (the "Project"); and
WHEREAS, the City Council of the City of Waterloo has
discussed acquisition of and/or reviewed valuation methodologies
for certain properties in the Project area and determined that
the valuations prepared by City Planning staff 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 prices established by said
valuations; and
WHEREAS, in the event that good -faith efforts to negotiate
the purchase of property interests are 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 amounts presented to the City
Council in executive session for each of the property owners set
forth below are determined to be just compensation for
acquisition of all fee title, permanent easements, and temporary
easements in and upon such properties that are reasonably
necessary for the Project:
Prestige, LLC
Farmers State Bank
3410 Building Partnership, LLC
AAA Minnesota Iowa
Southridge Prof Bldg Co.
Iowa Public Service
Greenwood Family Propert, LLC
Bank Iowa
Schumacher Funeral Properties, LC
Walgreen Company
Hurst, Donald J., and Richard H.
Covenant Medical Center
Heritage Square Real Estate, LC
Budke, Kenneth A., and Patty L.
Peoples Bank and Trust Company
Weaver Enterprises Ltd.
NE Iowa Real Estate Invest Ltd.
Husic, Amir, and Mirela
Resolution No. 2013-968
Page 2
Brocco, Douglas S. and Jamie G.
Everett, Diane K. and Richard F.
Roethler, Dorothy M. and Waddell, Warren H.
Walker, Colleen R.
Jordan, Eric J.
Meyer, Francis W., and Sandra L.
Smith, Diane L.
Steinfeldt, Luke A.
Central Christian Church
Operation Threshold
Sun Real Estate Investment, LLC
Restaurant Group of Iowa, Inc.
Eagle Watch Investments, Inc.
Vanderloo, LLC
BE IT FURTHER RESOLVED that, because the value of each
property interest to be acquired is less than $10,000, formal
appraisals are not deemed to be suitable or required in the
circumstances and the use of the informal valuation
methodologies employed is hereby approved as an acceptable means
of determining the fair market value of said property interests.
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,
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 if necessary, and to acquire the property
interests in furtherance of the objectives of the Project, and
that the previous efforts of said offices to negotiate with
owners are hereby ratified and approved.
Resolution No. 2013-968
Page 3
PASSED AND ADOPTED this 18th day of November, 2013.
Ernest G. Clark, Mayor
ATTEST:
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Suzy Sch fres, CMC
City Clerk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2013-968, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 18th day of November, 2013.
Witness my hand and seal of office this 18th day of
November, 2013.
C--�= _Ins
Suzy Sch res, CMC
City Cle k