HomeMy WebLinkAbout2019-11-18-H02 2020 N 10th St Improvements_Intent to Commence_PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 18, 2019
AGENDA ITEM:On intent to commence a public improvement project known as 2020 N.
10th Street Improvements Project
FORMAT:Public Hearing
SYNOPSIS INCLUDING PRO & CON: The project involves the construction of N. 10th Street
Improvements from NW Sunrise drive to NW Douglas Parkway including approximately 80,000
cubic yards of grading, 3,600 lineal foot of concrete storm sewer, 30,000 SY of PCC Paving,
5,510 SY of PCC trail, surface restoration and miscellaneous associate work.
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
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
H2
NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT THE 2020 N. 10TH STREET
IMPROVEMENTS 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
Sheryl & Jeremiah Moore Parcel Number 12-29-200-009
Richard L. Petersen Revocable Trust and
Claire B. Petersen Revocable Trust
Parcel Numbers 12-29-200-002,
12-29-200-007 and 12-29-200-008
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 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 N. 10th
Street and associated infrastructure. The project involves construction of N. 10th Street
Improvements from NW Sunrise Drive to NW Douglas Parkway including approximately
80,000 cubic yards of grading, 3,600 lineal foot of concrete storm sewer, 30,000 SY of PCC
Paving, 5,510 SY of PCC trail, surface restoration and miscellaneous associate work. The
project is to be known as the 2020 N. 10TH STREET IMPROVEMENTS PROJECT.
The General Location of the Project is described as:
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.
2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
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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 18th
day of November, 2019, in the Council Chambers, 230 W. Hickman Rd, Waukee, Iowa,
50263 commencing at 5:30 P.M. 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.
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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.
/s/
Rebecca D. Schuett, City Clerk
Mailed to all affected Property Owners on October 17, 2019