HomeMy WebLinkAbout2017-10-16-J01V Alices Road Corridor Phase 5_Eminent Domain_Set PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 16, 2017
AGENDA ITEM: Consideration of approval of a resolution setting date of public hearing and
authorizing mailing and publication of notice of intent to commence a public
improvement project to construct the Alice’s Road Corridor Phase 5
Improvement Project, to fund the final site-specific design, make the final site
selection and route, to acquire land for the project or, if necessary, by eminent
domain
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City currently is in negotiations with several property
owners affected by the Alices Road Phase 5 project. While the City is
confident that the parties can come to a resolution if we cannot, we need to
start the condemnation process now to enable the DOT the ability to bid the
project in January if we have to go through the eminent domain process.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
RESOLUTION 17-________
RESOLUTION SETTING DATE OF PUBLIC HEARING AND AUTHORIZING
MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A
PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE ALICE’S ROAD –
PHASE 5 IMPROVEMENTS PROJECT, TO FUND THE FINAL SITE SPECIFIC
DESIGN, MAKE THE FINAL SITE SELECTION AND ROUTE, TO ACQUIRE LAND
FOR THE PROJECT OR, IF NECESSARY 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 hearing 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 map has been prepared which shows this proposed improvement and identifies
the proposed properties with any potential for any form of property acquisition activity; i.e.,
temporary construction easements, permanent easements, and fee simple interests; and
WHEREAS, before the City of Waukee can proceed with said project, the Waukee City Council
must:
(a) Mail notices as required by Iowa Code Section 6B.2A to all property owners and
contract purchasers of agricultural land with any potential for any form of
property acquisition activity for this project and publish notice as specified in the
Iowa Code.
(b) Hold a public hearing, giving persons interested in the proposed project the
opportunity to present their views and objections regarding the project, final route
or site, fund final site specific design and authorize acquisition of private property
for the project by purchase and eminent domain, if necessary all in accordance
with Chapter 6B of the Iowa Code.
(c) Adopt a resolution to approve the project, final route or site, fund final site
specific design and authorize acquisition of private property for the project by
purchase and eminent domain, if necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE, That the attached map for this improvement, to be known as the ALICE’S ROAD –
PHASE 5 IMPROVEMENTS PROJECT, showing the general configuration of the improvement
and identifying the proposed properties with any potential for any form of property acquisition
activity; i.e. temporary construction easements, permanent easements, and fee simple interests,
be and is hereby received and put on file for public inspection.
BE IT FURTHER RESOLVED, that this City Council will meet at 5:30 P.M. on November
20, 2017, in the Council Chambers of the Waukee City Hall for the purpose of:
(a) Holding a public hearing, giving persons interested in the proposed project the
opportunity to present their views and objections regarding the project, decision to fund
final site specific design, the final site selection and/or route for the project, and regarding
the proposed acquisition of property for the project by purchase or eminent domain if
necessary.
(b) Adopting a resolution to approve the project and authorize acquisition of private property
for the project by purchase or eminent domain.
BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to cause notice to be
published and mailed as required by law of the pendency of this resolution and of the time and
place of the hearing at which persons interested in the proposed project may present their views
and objections regarding the project and regarding the acquisition of property for the project by
purchase or eminent domain, in the form required by Chapter 6B of the Code of Iowa.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of
October, 2017.
____________________________
William F. Peard, Mayor
Attest:
_____________________________________
Rebecca Schuett, City Clerk
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite LHICKMAN RD.0
FEET
100WESTBROOK DR.SE LAUREL ST.SE ALICES ROAD
NDATE PRINTED:8/16/2017
PHASE 5
HEART OF THE WARRIOR TRAIL TO HICKMAN RD.
SE ALICES ROAD PHASE 5
NE ALICES ROADHICKMAN RD.LCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLC