Item Coversheet

Council Communication

Department: Public Works Admin
Case/Project No.: PW21-20
Submitted by: Matthew Cox, Public Works Director 
Resolution 20-296
ITEM 6.E.
Council Action: 12/14/2020
Description

Resolution authorizing the use of eminent domain in connection with West Broadway Reconstruction, Segment 5.  Project #PW21-20

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 5 of the reconstruction project will completely rebuild West Broadway from just west of 19th Street to just east of 15th Street. Reconstruction will include 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, raised planted median east of 16th Street, neighborhood masonry columns, and trees. 

 

In order to construct the improvements, additional right-of-way is required at all of the intersection corners.  Acquisitions are incomplete at the following locations.

 

Parcel #9 – McDonalds Corporation property - 1607 West Broadway - owned by McDonalds Corp. In order to properly construct the ADA ramps and sidewalks, and the traffic signal pole, an acquisition of 1,065.0 square feet (0.0244 acre) is necessary.

 

Parcel #10 – Burger King property - 1529 West Broadway - owned by Stephen and Karla Riso. In order to properly construct the ADA ramps and sidewalks, and the traffic signal pole, an acquisition of 1036.3 square feet (0.0238 acre) is necessary. 

 

Parcel #11 – Bucky’s property – 7 North 16th Street - owned by Bucks Incorporated. In order to properly construct the ADA ramps and sidewalks, and the traffic signal pole, an acquisition of 479.2 square feet (0.0110 acre) is necessary. 

 

Parcel #5A – Broadway Plaza property - 1702 West Broadway – (west end of block) owned by Broadway Plaza LLC. In order to properly construct the ADA ramps and sidewalks, an acquisition of 274.1 square feet (0.0063 acre) is necessary. 

 

Parcel #5B – Broadway Plaza property - 1702 West Broadway – (east end of block) owned by Broadway Plaza LLC. In order to properly construct the ADA ramps, sidewalks, an acquisition of 42.2 square feet (0.0010 acre) 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 between August 13th and September 2nd 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 authorizing the use of eminent domain to avoid delays to the project.

 

ATTACHMENTS:
DescriptionTypeUpload Date
Acquisition PlatsOther12/3/2020
Resolution 20-296Resolution12/8/2020