COUNCIL ACTION FORM

ACQUISITION BY EMINENT DOMAIN FOR 13TH STREET AND GRAND AVENUE INTERSECTION IMPROVEMENTS PROJECT

The 2024-26 Traffic System Capacity Improvement Program includes improvements to the intersection of 13th Street and Grand Avenue. The project includes dedicated left-turn lanes, a new traffic signal with a leading pedestrian interval (LPI) to improve pedestrian safety, and a shared use path along the west side of Grand Avenue through the project corridor.

The City retained WHKS & Co., of Ames, IA, in August 2024 to design the improvements. Following preliminary design, JCG Land Services, a subconsultant to WHKS & Co., began property acquisition efforts in November 2025. These efforts have included researching property ownership, establishing fair market values, and negotiating with affected property owners to acquire the property interests necessary for construction.

The project impacts 22 parcels, including 19 requiring temporary easements, 20 requiring permanent easements, and two requiring full property acquisitions. Since negotiations began, City staff and JCG Land Services have worked with affected property owners to secure voluntary acquisition agreements.

On July 28, 2026, the City Council approved acquisition agreements for 10 of the 22 parcels. An additional six agreements were approved on October 27, 2026, bringing the total to 16 approved acquisitions, or approximately 73% of the impacted parcels. Table 1 summarizes the acquisition status of all 22 parcels, with the six properties where no agreement has yet been reached shaded in yellow. The properties are also identified on the attached property acquisition map.

Table 1: Overall Property Acquisition Status

Despite continued efforts by City staff and the consultant team to reach voluntary agreements for all the properties, the property interests necessary for construction have not yet been secured for six remaining parcels. To continue making progress toward construction, the City must take the necessary steps to allow for acquisition through eminent domain if voluntary agreements cannot be reached.

The next step is to establish a public hearing date of December 8, 2026, to consider authorizing the use of eminent domain for the remaining acquisitions. This date provides time to complete the required notifications to affected property owners. 

The attached resolution also provides for final voluntary acquisition offers and the required notifications associated with the proposed proceedings. In the meantime, City staff and the consultant team will continue efforts to reach voluntary acquisition agreements with the remaining property owners, as negotiations may continue during the initial stages of the condemnation process.

1. Adopt the attached resolution setting December 8, 2026 as the date for Public Hearing on Acquisition by Eminent Domain for the 13th Street and Grand Avenue Intersection Improvements Project, and authorizing the associated acquisition and notification procedures.
   
   Taking this action does not obligate the City to acquire the properties by eminent domain as negotiations may continue during the initial stages of the condemnation process.
   
   
2. Do not proceed with preparations for the use of eminent domain if necessary to acquire the remaining property rights for this project.

Although City staff and the consultant team have made extensive efforts to secure voluntary agreements for all necessary property acquisitions, six properties representing approximately 27% of the parcels impacted by the project remain without approved agreements . Establishing a public hearing date to consider authorizing the use of eminent domain is the next step in securing the remaining property interests necessary to advance the 13th Street and Grand Avenue Intersection Improvements Project toward construction.

It should be noted that it remains possible to enter into voluntary acquisition agreements with any of the subject properties during the initial stages of the condemnation process. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above.