HomeMy WebLinkAbout2021-06-21-H03 Ute Ave-Ashworth Rd Intersection_Approve Project, Eminent Domain ProceduresAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 21, 2021
AGENDA ITEM:Consideration of approval of a resolution approving and authorizing a
public improvement project to construct the Ute Avenue and Ashworth
Road Intersection Improvement 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:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
H3
1
RESOLUTION 2021-_________
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT THE UTE AVENUE AND ASHWORTH ROAD
INTERSECTION IMPROVEMENTS 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 June 21, 2021, 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 UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS
PROJECT. This project is further described as follows:
The project consists 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.
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
2
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
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 Ute Avenue and Ashworth Road Intersection Improvements
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 21st of June, 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair