HomeMy WebLinkAbout2017-08-07-J01T Centennial Park Streambank Mitigation_Deed Restriction AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 7, 2017
AGENDA ITEM: Consideration of approval of a resolution approving a deed restriction
[Centennial Park Streambank Mitigation Project]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: As part of the US Army Corps of Engineer
Section 404 Permit requirements, streambank mitigation was required as part of the Alice’s
Rd corridor project. A site was selected within Centennial Park to mitigate the impacted
streambanks. A condition of the section 404 permit requires a deed restriction along 1,355
linear feet of the tributary to Sugar Creek within Centennial Park to protect this mitigation
site in perpetuity. Every 20 years the City of Waukee will renew the deed restriction for
this site with the Dallas County Recorder’s Office. Evidence of this renewal will be sent to
the US Army Corps of Engineers and the Iowa Department of Natural Resources.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. US Army Corps of Engineers Section 404 Permit
II. Exhibit A: Deed Restriction Plat Exhibit
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING DEED RESTRICTION [CENTENNIAL PARK STREAMBANK
MITIGATION PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on August 5, 2013, the Waukee City Council approved a formal commitment to the U.S.
Army Corp of Engineers that channel mitigation as part of the Alice’s Road Corridor Project would be
constructed in accordance with accepted plans (Resolution #13-211); AND,
WHEREAS, a site was selected within Centennial Park to mitigate the impacted streambanks; AND,
WHEREAS, a condition of the Section 404 permit between the City of Waukee and the U.S. Army
Corp of Engineers requires a deed restriction along 1,355 linear feet of the tributary to Sugar Creek
within Centennial Park to protect the mitigation site in perpetuity;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Deed
Restriction [Centennial Park Streambank Mitigation Project], attached hereto as Exhibit A, is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is directed to record the Section 404 permit and
deed restriction plat exhibit with the Dallas County Recorder as required by the U.S. Army Corp of
Engineers.
Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of August, 2017.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon