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Home My WebLink About2022-08-01 H02 West Area Trunk Sewer Extension Phase 2_Eminent Domain PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 1, 2022 AGENDA ITEM:On intent to commence a public improvement project known as West Area Trunk Sewer Extension Phase 2 Project FORMAT:Public Hearing SYNOPSIS INCLUDING PRO & CON: The project involves labor, materials and equipment necessary for approximately 8,400 linear feet of 12-inch through 24-inch diameter sanitary sewer in open cut, manholes, excavation and backfill, surface restoration, plantings and miscellaneous associated work, including cleanup. Under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of its intent to commence the project to all owners of such agricultural land whose properties may be acquired in whole or in part for the project. A notice was mailed to five adjacent property owners, JWET Holdings, LLC, JWET Family Limited Partnership, Andrew K Bean and Lisa N Bean, Benjamin Stradling and Shani Stradling Trust, and Timothy and Denise Gerdis Joint Revocable Trust UAD 5/25/2021. The City of Waukee has completed the necessary acquisitions from Ben and Shani Stradling. Temporary construction easements and permanent sanitary sewer easements are still required from Andrew and Lisa Bean (also the executors to JWET Holdings, LLC; JWET Family Limited Partnership) and Tim and Denise Gerdis. Staff are continuing to conduct good faith negotiations with these property owners however to ensure timing receipt of these easements, the eminent domain process is necessary at this time. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold Public Hearing. ATTACHMENTS: I. Public Notice of Hearing PREPARED BY:Beth Richardson REVIEWED BY: Rudy Koester RK H2 NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE WEST AREA TRUNK SEWER EXTENSION - PHASE 2, PROJECT ROUTE/LOCATION SELECTION, FUNDING OF FINAL SITE-SPECIFIC DESIGN, AND TO ACQUIRE AGRICULTURAL LAND AND OTHER LAND FOR THE PROJECT, AND TO AUTHORIZE THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN IF NECESSARY (FOR PUBLICATION) TO: The Public and: Property Owner Location of Affected Property JWET Holdings, LLC Parcel Number 1606200004 JWET Family Limited Partnership Parcel Number 1605100046 Andrew K. Bean and Lisa N. Bean Parcel Numbers 1501200011, 1501200017, 1606200010, 1606200005 and 160610001 Benjamin Stradling and Shani Stradling Trust Parcel Numbers 1501200012 and 1501200019 Timothy and Denise Gerdis Joint Revocable Trust UAD 5/25/2021 Parcel Number 1501100005 and tenants, parties in possession and/or other parties with any interest in the properties identified above. Under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of its intent to commence the project to all owners of such agricultural land whose properties may be acquired in whole or in part for the project. A notice must be mailed to the owners, and contract purchasers, as reflected in the records of the Dallas County Auditor, and published in accordance with Iowa law. (See Sections 6A.21(a) and 6B.2A of the Iowa Code) 1. GENERAL NATURE OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above identified owners of land (agricultural and other), contract purchasers and any tenant known to be occupying the property that the City of Waukee, Iowa will consider authorizing the commencement of a project to construct a Sanitary Trunk Sewer and associated infrastructure. The project involves labor, materials and equipment necessary for approximately 8,400 linear feet of 12-inch through 24-inch diameter sanitary sewer in open cut, manholes, excavation and backfill, surface restoration, plantings and miscellaneous associated work, including cleanup. The project is to be known as the WEST AREA TRUNK SEWER EXTENSION – PHASE 2. The General Location of the Project is described as: 2 The project is located west of Ute Avenue and south of 310th Street. 2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR CONDEMNATION. If the above-described project is approved by the City Council of Waukee, Iowa, the City may be required to acquire property for the project improvements. Upon review of Dallas County property records, it appears that land (agricultural and other) owned by the above-identified persons, or entities, may have to be acquired in whole, or in part, for the project. The City of Waukee, Dallas County, Iowa will attempt to purchase the required land through good faith negotiations, and it may condemn those properties that it is unable to purchase. The proposed location of the above-described public improvement is further shown on a conceptual drawing of the project which is now on file in the office of the City Clerk of Waukee, Iowa and available for public inspection. 3. PROCESS TO DECIDE WHETHER TO PROCEED WITH THE PROJECT; FUND A SITE-SPECIFIC DESIGN; ROUTE SELECTION; AND TO ACQUIRE PROPERTY BY PURCHASE OR EMINENT DOMAIN; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. In making the decision to proceed with the above described project, to fund the final site specific project, to select the design and route of the project and to authorize the acquisition of property and property interests, the City Council of Waukee, Iowa will hold a public hearing giving persons interested in the proposed project the opportunity to present their views regarding the project, project location, and views and objections regarding the proposed acquisition of property for the project by eminent domain. The public hearing on the project will be held during the City of Waukee’s regularly scheduled Council meeting on the 1st day of August, 2022, in the Council Chambers, 230 W. Hickman Rd, Waukee, Iowa, 50263 commencing at 5:30 P.M. Due to public health concerns and guidance, in accordance with Iowa Code Sections 21.4(1)(b) and 21.8, the meeting of the Waukee City Council will be conducted with two different options for public participation: 1) Members of the public wishing to attend in person may do so in the Council Chambers at Waukee City Hall. 2) Members of the public wishing to participate electronically may do so via Zoom at the following link or phone numbers: https://zoom.us/j/352651371 Meeting ID: 352-651-371 Or by phone: +1 646-558-8656 or +1 312-626-6799 or +1 301-715-8592 In-person meetings are subject to change under certain circumstances, including but not limited to higher than average participation or changes in health guidelines. If the meeting 3 shall be held electronically only, notice shall be posted to the City website (Waukee.org) and City social media. Questions regarding meeting format may also be directed to the City Clerk’s office at 515-978-7904. All persons wishing to observe or participate in this meeting may do so via Zoom or telephone. Please contact the City Clerk’s office at 978-7904 or bschuett@waukee.org if you have questions or electronic accessibility issues. The public and persons receiving this notice have a right to provide input concerning the final decision to fund the site-specific design of the project, to make final selection of the route or site location, or to acquire or condemn, if necessary all or portion of the property or property interest for the Project. In order for the City Council to proceed with the above-described project and commence the acquisition of property for the project, the City Council will be required to approve the project, funding of the site-specific design, its location and route, and authorize the acquisition, or condemnation if necessary, of private property for the project by City Council resolution. The City Council is scheduled to consider adoption of a resolution making final decision to fund the site-specific design of the project, to make final selection of the route or site location for the project, and/or to acquire or condemn, if necessary, all or portion of the property or property interest for the Project following the public hearing. If the project is approved by the City Council, an appraiser retained by the City of Waukee, Iowa will determine the compensation to be paid for property or property interests that are needed for the project. The City of Waukee, Iowa will offer no less than the appraised value and will attempt to purchase the property or property interests needed for the project by good faith negotiations. If the City of Waukee, Iowa is unable to acquire properties needed for the project by negotiation, the City of Waukee, Iowa will acquire those properties by condemnation. 4. CONTACT PERSON. Persons desiring further information regarding the proposed public improvement project or its impact on the properties identified above may contact Rudy Koester by mail at 805 University Avenue, Waukee, Iowa 50263, or by telephone at (515) 978-7920. This Notice is given by authority of the City Council of Waukee, Iowa. /s/ Rebecca D. Schuett, City Clerk Mailed to all affected Property Owners on June 22, 2022