HomeMy WebLinkAbout2021-06-21-G03 Ute Ave & Ashworth Rd Intersection, Eminent Domain_PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 21, 2021
AGENDA ITEM:On intent to commence a public improvement project known as Ute
Avenue and Ashworth Road Intersection Improvement Project
FORMAT:Public Hearing
SYNOPSIS INCLUDING PRO & CON: The project is to widen and reconstruct the Ute Avenue
and Ashworth Road Intersection and associated infrastructure. Roadway reconstruction will
provide an urban, curb and gutter section within the intersection, transitioning back to existing rural
section beyond the intersection. Geometric improvements include dedicated turn lanes and larger
intersection radii to accommodate traffic turning movements. Traffic signals will be installed for
intersection traffic control. The project also includes construction of a 10-foot wide shared use path,
installation of storm sewer, water main and associated removals, earthwork, erosion control and
site restoration. Properties acquired for the project will be used for roadway and utility right-of-
way.
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 eight
adjacent property owners, Bruce Owen and Gina Owen, Kimberly A. Pierson and Damon Pierson,
Coral D. Davis, Kathleen Marie Leonard and Karen A. Onken, Larry D. Cross and Diane K. Cross,
Chayse Holdings, LLC, Adela Kapic and Damir Kapic, and Phillips Hamilton, Inc. The City of
Waukee has completed the necessary acquisitions from seven of the above eight property owners.
A temporary construction easement is required from Chayse Holdings, LLC however staff have
determined a change to the design which would not require the temporary easement. Staff still
wish to hold the hearing in the event this redesign isn’t feasible.
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
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NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT THE UTE AVENUE AND
ASHWORTH ROAD INTERSECTION 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
Bruce Owen and Gina Owen Parcel Number 1608101007
Kimberly A. Pierson and Damon Pierson Parcel Number 1608100024
Coral D. Davis Parcel Number 1608100023
Kathleen Marie Leonard and Karen A. Onken Parcel Number 1605351009
Larry D. Cross and Diane K. Cross Parcel Number 1608100003
Chayse Holdings LLC Parcel Number 1605378007
Adela Kapic and Damir Kapic Parcel Number 1606485018
Phillips Hamilton, Inc. Parcel Numbers 1608100001 and
1607200002
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 widen and
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reconstruct the Ute Avenue and Ashworth Road Intersection and associated infrastructure.
The project will consist of reconstruction and widening of the Ute Avenue and Ashworth Road
intersection. Roadway reconstruction will provide an urban, curb and gutter section within the
intersection, transitioning back to existing rural section beyond the intersection. Geometric
improvements include dedicated turn lanes and larger intersection radii to accommodate traffic
turn movements. Traffic signals will be installed for intersection traffic control. Project also
includes construction of a 10-foot wide shared use path, installation of storm sewer, water
main and associated removals, earthwork, erosion control and site restoration. Properties
acquired for the project will be used for roadway and utility right-of-way. The project is to be
known as the UTE AVENUE AND ASHWORTH ROAD INTERSECTION
IMPROVEMENTS PROJECT.
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 at 5:30
p.m. on the 21st day of June, 2021 at the Waukee City Hall, 230 W. Hickman Road,
Waukee, Iowa 50263.
*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 with two
different options for public participation: 1) Members of the public wishing to attend in
person may do so in the Council Chambers at Waukee City Hall. 2) Members of the
public wishing to participate electronically may do so via Zoom at the following link or
phone numbers:
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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
In-person meetings are subject to change under certain circumstances, including but not
limited to higher than average participation or changes in health guidelines. If the
meeting shall be held electronically only, notice shall be posted to the City website
(Waukee.org) and City social media. Questions regarding meeting format may also be
directed to the City Clerk’s office at 515-978-7904.
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.
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) 978-7920.
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This Notice is given by authority of the City Council of Waukee, Iowa.
/s/
Rebecca Schuett, City Clerk
Mailed to all affected Property Owners on May 14, 2021.