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Home My WebLink About2024-09-16 I01G_05 University Ave Extension Phase 1, Property Acquisition_Set PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 16, 2024 AGENDA ITEM:Consideration of approval of a resolution setting date of public hearing and authorizing mailing and publication pf Notice of Intent to Commence a Public Improvement Project to construct the University Avenue Area Improvements – Phase 1 Project, to fund the final site-specific design, make the final site selection and route, to acquire land for the project or, if necessary, by eminent domain FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approving a resolution setting date of public hearing and authorizing mailing and publication of notice of intent to commence a public improvement project to construct the University Avenue Area Improvements – Phase 1 project, to fund the final site-specific design, make the final site selection and route, to acquire land for the project or, if necessary, by eminent domain. The City requested and received an appraisal from Commercial Appraisers of Iowa, Inc. placing a value of $75,000 per acre on the subject property. The acquisition includes 1.68 acres of fee title acquisition valued at $125,800 and 0.83 acres of temporary construction easement valued at $10,000. Total offered compensation to Prairie Village of Iowa, LLC is $135,800. City staff continue to conduct good faith negotiations with Prairie Village of Iowa, LLC (Signature Companies, LLC) however to ensure the University Avenue Area Improvements – Phase 1 project remains on schedule for construction in calendar year 2025, the use of condemnation is likely necessary. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution PREPARED BY: Lisa Bauman REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1G5 RESOLUTION 2024- RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE UNIVERSITY AVENUE AREA IMPROVEMENTS – PHASE 1 PROJECT, TO FUND THE FINAL SITE- SPECIFIC DESIGN, MAKE THE FINAL SITE SELECTION AND ROUTE, TO ACQUIRE LAND FOR THE PROJECT OR, IF NECESSARY, BY EMINENT DOMAIN IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, 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 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 (See Sections 6A.21(a) and 6B.2A of the Iowa Code); and WHEREAS, under the provisions of 6B.2D of the Iowa Code, the acquiring agency is required to give notice of a hearing to each property owner, contract purchaser of record and any tenant known to be occupying the property prior to the date of the meeting at which such proposed authorization will be considered; and WHEREAS, a map has been prepared which shows this proposed improvement and identifies the proposed properties with any potential for any form of property acquisition activity; i.e., temporary construction easements, permanent easements, and fee simple interests; and WHEREAS, before the City of Waukee can proceed with said project, the Waukee City Council must: (a)Mail notices as required by Iowa Code Section 6B.2A to all property owners and contract purchasers of agricultural land with any potential for any form of property acquisition activity for this project and publish notice as specified in the Iowa Code. (b)Hold a public hearing, giving persons interested in the proposed project the opportunity to present their views and objections regarding the project, final route or site, fund final site-specific design and authorize acquisition of private property for the project by purchase and eminent domain, if necessary all in accordance with Chapter 6B of the Iowa Code. (c)Adopt a resolution to approve the project, final route or site, fund final site- specific design and authorize acquisition of private property for the project by purchase and eminent domain, if necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, that the attached map for this improvement, to be known as the UNIVERSITY AVENUE AREA IMPROVEMENTS – PHASE 1 PROJECT, showing the general configuration of the improvement and identifying the proposed properties with any potential for any form of property acquisition activity; i.e. temporary construction easements, permanent easements, and fee simple interests, be and is hereby received and put on file for public inspection. BE IT FURTHER RESOLVED, that this City Council will meet at 5:30 P.M. on October 21, 2024, in the Council Chambers of the Waukee City Hall for the purpose of: (a) Holding a public hearing, giving persons interested in the proposed project the opportunity to present their views and objections regarding the project, decision to fund final site-specific design, the final site selection and/or route for the project, and regarding the proposed acquisition of property for the project by purchase or eminent domain if necessary. (b) Adopting a resolution to approve the project and authorize acquisition of private property for the project by purchase or eminent domain. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of the hearing at which persons interested in the proposed project may present their views and objections regarding the project and regarding the acquisition of property for the project by purchase or eminent domain, in the form required by Chapter 6B of the Code of Iowa. Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of September, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 0 SCALE IN FEET 100 200 CITY OF WAUKEE SEPTEMBER 2024 PHASE 1 PROJECT AREA IMPROVEMENTS UNIVERSITY AVENUE ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT ACQUISITION AREA RIGHT-OF-WAY ACQUISITION AREA RIGHT-OF-WAY UNIVERSITY AVE 1 0 T H S T 1 1 T H S T