Item Coversheet

Council Communication

Department: Public Works Admin
Case/Project No.: PW20-20
Submitted by: Matthew Cox, Public Works Director 
Resolution 19-286
ITEM 6.G.
Council Action: 12/16/2019
Description

Resolution authorizing the use of eminent domain in connection with West Broadway Reconstruction, Segment 4.  Project #PW20-20

Background/Discussion

West Broadway is major arterial street and critical to the City’s roadway network.  It serves as a significant commercial corridor and commuter route and its reconstruction is an essential part of the economic redevelopment plan for the west end of Council Bluffs.  There is also a strong community desire to enhance the aesthetics of the corridor and to create a connection between the River’s Edge development and downtown Council Bluffs.

 

Segment 4 of the reconstruction project will completely rebuild West Broadway from 25th Street to just east of 20th Street including the replacement of pavement, traffic signals, street lights, sidewalks, and storm sewers with drainage improvements as a major objective.  The project also includes streetscape amenities such as decorative pedestrian lights, brick paver bands behind the curbs and at intersections, ornamental fencing, ornamental arms for street lights, concrete pavers in crosswalks, and decorative paving in the center turn lane and at key intersections, neighborhood masonry columns, and trees. 

 

In order to construct the improvements, additional right-of-way is required at all of the intersection corners. 

 

Parcel #1 - Roderick Sherbondy property - 2400 West Broadway - owned by Roderick Sherbondy. In order to properly construct the ADA ramps and sidewalks, an acquisition of 178 square feet (0.0041 acres) is necessary.

 

Parcel #4 - Hy-Vee property - 2323 West Broadway - owned by Hy-Vee Incorporated. In order to properly construct the ADA ramps and sidewalks, an acquisition of 68 square feet (0.0016 acres) is necessary. 

 

Parcel #10 - Cars Now property - 2124 West Broadway - owned by MRLSC Holdings, LLC. In order to properly construct the bus shelter, an acquisition of 155 square feet (0.0036 acres) is necessary for a permanent easement. 

 

Parcel #11 – Certified Transmission property - 2112 West Broadway - owned by Peter Fink. In order to properly construct the bus shelter, an acquisition of 157 square feet (0.0036 acres) is necessary for permanent easement. 

 

Parcel #13 - Tires Plus property - 2103 West Broadway - owned by JBICB 2103 Broadway IA, LLC. In order to properly construct the ADA ramps, sidewalks, and the traffic signal pole, an acquisition of 205 square feet (0.0047 acres) is necessary.

 

Parcel #15 - Veridian Credit Union property - 2040 West Broadway - owned by Verdian Credit Union. In order to properly construct the ADA ramps, sidewalks, and the traffic signal pole, an acquisition of 341 square feet (0.0078 acres) is necessary.

 

The size of the acquisitions are small with minimal impacts to the existing properties as shown on the attached exhibits.

 

The owners were first contacted in August of 2019 regarding the acquisitions.  The owners and representatives of the City have had discussions regarding the scope of the acquisitions, but to date, the efforts have been unsuccessful.  The property owners have not yet accepted the City’s proposed plan for the respective properties. In order to complete the acquisitions and avoid delays to the project, eminent domain proceedings are necessary.

 

Discussions will continue with the owners to work towards a resolution in advance of a condemnation hearing.

Recommendation

Approval of this resolution. 

 

ATTACHMENTS:
DescriptionTypeUpload Date
MapMap12/11/2019
Resolution 19-286Resolution12/11/2019