Item Coversheet

Council Communication

Department: Public Works Admin
Case/Project No.:
Submitted by: Matthew Cox, City EngineerĀ 
Resolution 18-292Council Action: 10/8/2018
Description

Resolution authorizing the use of eminent domain for the East Beltway Project.

 

 

 

 

Background/Discussion

In January of this year, a Record of Decision was signed for the Eastern Hills Drive project.  This completed a 7-year process for the documentation required to comply with the National Environmental Policy Act (NEPA).

 

The project will improve the transportation network in eastern Council Bluffs by completing Eastern Hills Drive between US Highway 6 and Iowa Highway 92, while providing improved connections to developments along Greenview Road, Steven Road, and Cottonwood Road.  The continuity for the local transportation system will support future land development, increases the capacity of existing roads to accommodate traffic demands and improves emergency access.

 

Segment D of the Beltway includes the area between the existing intersection of Eastern Hills Drive and State Orchard Road, continuing south along State Orchard to Greenview Road.  A new round-a-bout is planned at Greenview Road with a new road alignment from Greenview to Hwy 92.

 

Right-of-way authorization was approved September 26, 2016 with Resolution No. 16-246.

 

The property is located at the northwest corner of the intersection of Greenview Road and State Orchard Road.  The eastern part of the property is located adjacent to the new road alignment and is necessary for the proposed roadway improvements.

 

The certified appraiser determined the land value for the acquisition area to be $90,480, plus $8,620 for the temporary easement area.  This amount was confirmed by a review appraiser.    

 

The property owners for 92 Investments, LLC have provided a separate opinion for the value of the property, but unfortunately the amount compared to the appraisal is very different.  As a result, negotiations were challenging and a settlement could not be reached because of the large separation in values.  In order to complete the acquisition and avoid delays to the project, eminent domain proceedings are necessary.

 

Recommendation

Approval of this resolution.

 

ATTACHMENTS:
DescriptionTypeUpload Date
ROW and Easement ExhibitMap9/28/2018
Acquisition Plat Exhibit "A"Map9/28/2018
Resolution 18-292Resolution10/1/2018