HomeMy WebLinkAbout2025-05-05 I01K SE Encompass Drive - CondemnationAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 5, 2025
AGENDA ITEM:Consideration of approval of resolution approving and authorizing the
acquisition of property and property interests containing the street and
associated infrastructure known as SE Encompass Drive
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: As a part of the Kettleview subdivision located west of
Grand Prairie Parkway and south of SE Tallgrass Lane, a connecting private
street named SE Encompass Drive was developed which serves a number of
commercial office buildings.
The original development company, Kettleview, LLC is no longer financially
viable and an association was not established for the long term maintenance
and care of SE Encompass Drive.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff is recommending SE Encompass Drive be acquired
through a condemnation process so that it can be maintained as a public street
serving the businesses within the development as well as the general public.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY:Brad Deets, City Administrator
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1K
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION OF
PROPERTY AND PROPERTY INTERESTS CONTAINING THE STREET AND
ASSOCIATED INFRASTRUCTURE KNOWN AS SE ENCOMPASS DRIVE
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, a street known as SE Encompass Drive was constructed by Kettleview, LLC, in
conjunction with its development of the Shops at Kettlestone North Plat 7 and the Shops at
Kettlestone North Plat 5 to establish another motor vehicle route in the area to further assist in
alleviating traffic congestion, enhancing motor vehicle traffic flow, providing access to the
businesses in the those plats and mitigating traffic burdens in an area; AND,
WHEREAS, Kettleview, LLC, is a company owned by Daniel Petitt which is longer financially
viable and Mr. Petitt is rumored to have left the State of Iowa under a cloud of controversy leaving
the company bankrupt and abandoned; AND,
WHEREAS, Kettleview, LLC, failed to transfer the street to the City before winding down and
continues to hold title to the street known as SE Encompass Drive which has been largely
abandoned by the defunct company with no apparent management or assets to address the
liabilities associated with the operation, maintenance, and repair of SE Encompass Drive or to
otherwise transfer the rights of way; AND,
WHEREAS, the City determines there is a need to assure SE Encompass Drive is operated,
maintained and available for the use by the public and the adjoining lot owners and expects that
by acquiring the street right of way will assure that the public purpose and public use of the street
will be achieved and the liabilities associated with the operation, maintenance and repair of a public
street and associated infrastructure will occur; AND,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Waukee, Iowa,
that the acquisition of the SE Encompass Drive right of way and associated infrastructure is in the
best interest of the City and is approved; AND,
BE IT FURTHER RESOLVED, that the City staff or its designee be and is hereby authorized to
proceed with the necessary activities including but not limited to eminent domain to secure title to
the right of way known as SE Encompass Drive for the public purpose and use as a public street
and associated public infrastructure.
Passed by the City Council of the City of Waukee, Iowa, and approved this 5th day of May 2025.
__________________________________
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