HomeMy WebLinkAbout2026-04-06 G01 10th St Extension_Eminent Domain_PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 6, 2026
AGENDA ITEM:On the intent to commence a public improvement project known as
10th Street Extension Project
FORMAT:Public Hearing
SYNOPSIS INCLUDING PRO & CON: The project involves the construction of 10th Street
roadway improvements between Westown Parkway and University Avenue; and 310th
Street/Spyglass Lane roadway improvements from 10th Street to 6th Street. The construction
consists of approximately 55,000 square yards of PCC pavement, 2,200 square yards of HMA
pavement, 10,400 linear feet of water main, 12,000 linear feet of storm sewer, 6,300 linear feet of
sanitary sewer, earthwork, subgrade preparation, pedestrian underpass, manholes, intakes, sidewalk
and shared use path paving, surface restoration, and other associated work.
Notices were mailed 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 published notice as specified in the Iowa Code.
Holding 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.
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: Lisa Bauman
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: 03/26/2026
G1
NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT THE 10TH STREET EXTENSION
IMPROVEMENTS PROJECT, 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
Signal Holdings, LLC Parcel Number 1606200009
JWET Family, LP Parcel Numbers 1605100029,
1605100027, 1605100046, and
1605100047
Aaron and Ashley Prieksat Revocable Trust Parcel Number 1605100031
any other property or interest holders in the property referenced above including but not
limited to the following tenants believed to be occupying and/or farming one or more of the
above referenced properties: David Felt and John Whitson.
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
10th Street and associated infrastructure. The project involves the extension of 10th Street from
University Avenue to Westown Parkway including approximately 55,000 square yards of PCC
pavement, 2,200 square yards of HMA pavement, 10,400 linear feet of water main, 12,000
linear feet of storm sewer, 6,300 linear feet of sanitary sewer, earthwork, subgrade preparation,
pedestrian underpass, manholes, intakes, sidewalk and shared use path paving, surface
restoration, and miscellaneous associate work.
2
The project is to be known as the 10TH STREET EXTENSION PROJECT.
The General Location of the Project is described as:
The Project begins approximately at the intersection of 10th Street and University Avenue and
extends south to the intersection of Westown Parkway and Ute Ave in the City of Waukee,
Iowa.
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 6th
day of April, 2026, in the Council Chambers, 230 W. Hickman Rd, Waukee, Iowa, 50263
commencing at 5:30 P.M. 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.
3
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) 978-7388.
This Notice is given by authority of the City Council of Waukee, Iowa.
/s/
Rebecca D. Schuett, City Clerk