Item Coversheet

Council Communication

Department: Public Works Admin
Case/Project No.: PW21-06D
Submitted by: Matthew Cox, Public Works Director 
Resolution 24-78
ITEM 7.C.
Council Action: 3/11/2024
Description

Resolution authorizing the use of eminent domain for property acquisition associated with Levee Certification Project, Geotechnical MR_6.  Project #PW21-06D.  

Background/Discussion

The City of Council Bluffs owns or sponsors multiple levee segments which encompass the City Federal Levee System, providing flood protection from the Missouri River, Mosquito Creek, and Indian Creek.  These levee systems are currently shown on FEMA floodplain maps as being accredited and are identified as providing protection from the 100-year flood or 1% annual chance flood event.

 

In order to maintain the level of protection identified on the FEMA Flood Insurance Rate Map, it is necessary to provide documentation to FEMA that complies with the requirements of 44 CFR 65.10.  If the levees are not certified, they will be de-accredited and FEMA will begin the process of updating maps.  Areas previously protected by the levees will be identified as flood-prone.

 

In order to meet the criteria for levee certification, improvements to each of the levee systems will be necessary.  The purpose of the Geotechnical MR_6 project is to resolve seepage deficiencies along the Missouri River levee by constructing a seepage and stability berm.  

 

The proposed berms extend outside of the existing levee easement.  A certified appraiser was hired to determine the value of the agricultural land necessary to construct the project.  A review appraiser concurred with his findings.  The fair market value of the Adkins properties is $19,000 per acre as determined by two professional appraisers.

 

In order to complete the acquisitions and avoid delays to the project, it is necessary to begin eminent domain proceedings. The details of the acquisition are as follows:  

 
Robert D. Adkins, Jr.: 1.234 acres Permanent Easement = $16,420
0.321 acres Temporary Easement = $1,350
2.004 acres Temporary Stockpile Easement = $8,380
Total offer of just compensation = $26,150
Linda S. Adkins: 10.34 acres Permanent Easement = $184,930
0.537 acres Temporary Easement = $2,250
2.652 Acres Temporary Stockpile Easement = $11,090
Total offer of just compensation = $198,270

 

The owners were first contacted in June of 2023 regarding this acquisition.  To date, the City and representatives of the property owners have been unable to reach an agreement.

 

Recommendation

Approval of this resolution to authorize the use of eminent domain so that the acquisitions can be completed, and the project can proceed to construction.

 

ATTACHMENTS:
DescriptionTypeUpload Date
MapMap3/1/2024
Resolution 24-78Resolution3/6/2024