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HomeMy WebLinkAbout2026-04-06 H01 10th St Extension_Approve Project, Eminent Domain ProceduresAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 6, 2026 AGENDA ITEM:Consideration of approval of a resolution approving and authorizing a public improvement project to construct the 10th Street Extension 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: The project involves 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 project includes 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. 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 property owners, JWET Holdings, LLC (Andy & Lisa Bean), Signal Holdings, LLC (Andy & Lisa Bean), JWET Family, LP (Andy & Lisa Bean), and Aaron & Ashley Prieksat Revocable Trust. 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 voluntarily. 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 G1 1 THE CITY OF WAUKEE, IOWA RESOLUTION 2026-____ RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE 10TH STREET EXTENSION 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, a public hearing was held on April 6, 2026, 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 10TH STREET EXTENSION PROJECT. This project is further described as follows: 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. 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 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 2 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 10th Street Extension 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 6th of April, 2026. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce