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HomeMy WebLinkAbout2024-10-21 H04 University Ave Extension Phase 1_Commence ProjectAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 21, 2024 AGENDA ITEM:Consideration of approval of a resolution approving and authorizing a public improvement project to construct the University Avenue Extension Phase 1 Project, funding of final site-specific design, final route/site selection, to acquire land for the project by purchase and, if necessary, to authorize the use and acquisition of property by eminent domain. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Notice has been given to Prairie Village of Iowa, LLC (Signature Companies of Iowa) that the City of Waukee, Iowa will consider authorizing the commencement of a project to reconstruct a portion of University Avenue and associated infrastructure. The project involves reconstructing University Avenue between 11th Street and the Waukee Public Works Building, including a new intersection at 10th Street and a connection of 10th Street to a point approximately 250 feet north of the new intersection. The project includes urban roadway cross sections with curb and gutter, turn lanes, sidewalks, trails, and related earthwork. Other improvements include storm sewer, water main, traffic signal and a culvert replacement, along with two pedestrian underpasses and connecting trails and miscellaneous associated work. The project is to be known as the University Avenue Area Improvements Phase 1 Project. 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 one adjacent property owner, Prairie Village of Iowa, LLC. The City of Waukee will continue to attempt to purchase the required land and easements through good faith negotiations, however the City may condemn those property interests if the City is unable to purchase the necessary property and easements. 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 – H4 NAME OF PUBLICATION: DATE OF PUBLICATION: 1 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE UNIVERSITY AVENUE AREA IMPROVEMENTS – PHASE 1 PROJECT, FUNDING OF FINAL SITE-SPECIFIC DESIGN, FINAL ROUTE/SITE SELECTION, TO ACQUIRE LAND FOR THE PROJECT BY PURCHASE, AND, IF NECESSARY, TO AUTHORIZE THE USE AND ACQUISITION OF PROPERTY 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 proposed resolution, motion, or other document authorizing acquisition of property by eminent domain 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, on September 16, 2024, the Waukee City Council set the time and place for a public hearing on October 21, 2024, at 5:30 P.M. at which time persons interested in the following described project may present their views and objections regarding the commencement and location of the proposed project, and regarding the proposed acquisition of property interests for the project by purchase or eminent domain, which project is to be known as the UNIVERSITY AVENUE AREA IMPROVEMENTS – PHASE 1 PROJECT. This project is further described as follows: The project involves reconstructing University Avenue between 11th Street and the Waukee Public Works Building, including a new intersection at 10th Street and a connection of 10th Street to a point approximately 250 feet north of the new intersection. The project includes urban roadway cross sections with curb and gutter, turn lanes, sidewalks, trails, and related earthwork. Other improvements include storm sewer, water main, and a culvert replacement, along with two pedestrian underpasses and connecting trails and miscellaneous associated work. WHEREAS, due notice of the proposed project was given as provided by law, setting forth the time and place for hearing on the proposal, funding the final site-specific project, to select the design and route of the project and to authorize the acquisition of property and property interests through negotiation, or if necessary, the use of eminent domain; and 2 WHEREAS, the Waukee City Council having held the hearing in accordance with the notice to receive and consider input regarding the commencement of the proposed public improvement project, its funding, its location and the acquisition of property interests for this project by purchase or, if necessary, eminent domain; and WHEREAS, in accordance with Iowa Law, those interested in this proposed project, both for and against, have been given an opportunity to be heard with respect thereto and have presented their views to the Waukee City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE: 1.That all objections and endorsements having been fully reviewed and considered, the hearing providing the opportunity for public input on the questions of the proposed public improvement, funding of the final site specific project, select the site and route of the project and to authorization of the acquisition of property and property interests by purchase, or if necessary the use of eminent domain for the project is hereby concluded and closed. 2.That the proposed University Avenue Area Improvements – Phase 1 Project is hereby approved and the City shall proceed accordingly. Funding for the project and the final site specific design is hereby authorized. The final location of the route as set forth in the project map on file with the City Clerk is also approved. 3.That acquisition of private property and all property interests for this project, including acquisition by eminent domain (condemnation) if necessary, is hereby authorized. Passed by the City Council of the City of Waukee, Iowa, and approved this 21st of October, 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