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HomeMy WebLinkAbout2019-02-19-I02 NW Sunrise Dr Extension_Approve Project, Eminent Domain ProceduresAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 19, 2019 AGENDA ITEM:Consideration of approval of a resolution approving and authorizing a public improvement project to construct the 2019 NW Sunrise Drive 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: 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: I2 1 RESOLUTION 19-_________ RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE EXTENSION OF NW SUNRISE DRIVE, 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 February 19, 2019, 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 2019 NW SUNRISE DRIVE EXTENSION PROJECT. This project is further described as follows: The project begins approximately 2,600 feet north of US Hwy 6 on N. 10th Street in the NW ¼ of Section 28 of Township 70N Range 26W in the City of Waukee. 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 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. 2 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 2019 NW Sunrise Drive 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 19th of February, 2019. ____________________________ William F. Peard, Mayor Attest: _______________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon