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Home My WebLink About2021-01-04-H01 SE Ashworth Rd Corridor_Intent to Commence Project_PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 4, 2021 AGENDA ITEM:On intent to commence a public improvement project known as SE Ashworth Road Corridor Improvements Project FORMAT:Public Hearing SYNOPSIS INCLUDING PRO & CON: The project involves the construction of the SE Ashworth Road Corridor Improvements from SE Parkview Crossing Drive to SE Glacier Trail in Waukee, including all materials, labor and equipment necessary for installation of approximately: 50,000 CY of Grading, 27,000 SY of Modified Subbase, 21,000 SY of 10" PCC Pavement, 2,100 SY of PCC Trail/Sidewalk, 800 SY of PCC Driveway, 3,500 SY of Temporary Pavement, 1,200 LF of Water Main, 4,000 LF of Storm Sewer, 700 LF of Sanitary Sewer, 34 EA Intakes or Manholes, 1,600 LF of Joint Utility Trench, Traffic Signal Modification, Lighting, surface restoration and miscellaneous related work and appurtenances. 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 two adjacent property owners, Ben and Wanda Holthaus and Deseret Trust Company as Trustee of Trust No. 02-50899 Farmland Reserve Inc. The City of Waukee will continue to attempt to purchase the required land and easements through good faith negotiations, however it 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: Hold Public Hearing. ATTACHMENTS: I. Public Notice of Hearing PREPARED BY:Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: H1 NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SE ASHWORTH ROAD CORRIDOR IMPROVEMENT 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 Benjamin P. Holthaus and Wanda Lyons Holthaus Parcel Number 1604451006 Deseret Trust Company as Trustee of Trust Number 02-50899 Farmland Reserve Inc. Parcel Number 1609200002 and tenants, parties in possession and/or other parties with any interest in the properties identified above. 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 AND DESCRIPTION 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 SE Ashworth Road Corridor Improvements and associated infrastructure. The project involves the construction of the SE Ashworth Road Corridor Improvements from SE Parkview Crossing Drive to SE Glacier Trail in Waukee, including all materials, labor and equipment necessary for installation of approximately: 50,000 CY of Grading, 27,000 SY of Modified Subbase, 21,000 SY of 10" PCC Pavement, 2,100 SY of PCC Trail/Sidewalk, 800 SY of PCC Driveway, 3,500 SY of Temporary Pavement, 1,200 LF of Water Main, 4,000 LF of Storm Sewer, 700 LF of Sanitary Sewer, 34 EA Intakes or Manholes, 1,600 LF of Joint Utility Trench, Traffic Signal Modification, Lighting, surface restoration and miscellaneous related work and appurtenances. The project is to be known as the SE ASHWORTH ROAD CORRIDOR IMPROVEMENT PROJECT. 2 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 4th day of January, 2021. Due to public health concerns and guidance, in accordance with Iowa Code Sections 21.4(1)(b) and 21.8, this meeting of the Waukee City Council will be conducted electronically as holding the meeting in person is impossible or impractical. However, the public is encouraged to access the meeting electronically in the manner specified below. The council meeting shall be conducted via Zoom at the following link or phone numbers: https://zoom.us/j/352651371 Meeting ID: 352-651-371 Or by phone: +1 646-558-8656 or +1 312-626-6799 or +1 301-715-8592. 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 3 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. 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) 987-4363. This Notice is given by authority of the City Council of Waukee, Iowa. Rebecca Schuett, City Clerk Mailed to all affected Property Owners on December 1, 2020