HomeMy WebLinkAbout2019-11-18-I02 2020 N 10th St Improvements_Approve Project, Eminent Domain ProceduresAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 18, 2019
AGENDA ITEM:Consideration of approval of a resolution approving and authorizing a
public improvement project to construct the 2020 N. 10th Street
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
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:
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RESOLUTION 19-_________
RESOLUTION APPROVING AND AUTHORIZING A PUBLIC IMPROVEMENT
PROJECT TO CONSTRUCT THE 2020 N. 10TH STREET 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 November 18, 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 2020 N. 10TH STREET IMPROVEMENTS PROJECT. This project is
further described as follows:
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.
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
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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 2020 N. 10th Street Improvements Project are 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 18th of November,
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