HomeMy WebLinkAbout2017-11-06-H01 LWC Trunk Sewer Phase 3-Indi Run Trunk Sewer_Eminent Domain PH1
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CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November G, 2017
AGENDA ITEM: On intent to commence a public improvement project know as Little Walnut
Creek Trunk Sewer Phase 3/Indi Run Trunk Sewer Project in accordance with
Code of Iowa Chapter bB
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: This Public Hearing is for the construction of the Little
Walnut Creek Trunk Sewer Phase 3/Indi Run Trunk Sewer Extension Project
and the possible acquisition of property by eminent domain for the Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Hold Public Hearing
ATTACHMENTS: I. NOHL
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT THE LITTLE WALNUT CREEK
TRUNK SEWER (PHASE 3) / INDI RUN TRUNK SEWER EXTENSION 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
Broderick Family LP
Philip E Broderick, LLC
Charlotte E Broderick, LLC
Location of Affected Property
Parcel Numbers 1228200001,
1228200005 and 1228200006
Parcel Number 1228400012
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)
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 a Sanitary
Trunk Sewer and associated infrastructure. The project involves the construction of the Little
Walnut Creek Trunk Sewer Phase 3 / Indi Run Trunk Sewer project including Construction of
the Little Walnut Creek Trunk Sewer (Phase3)/Indi Run Trunk Sewer project includes
approximately 6,500 linear feet of 24-inch diameter gravity flow sanitary sewer, 1,550 linear
feet of 12-inch diameter gravity flow sanitary sewer, manholes, clearing and grubbing, surface
restoration and miscellaneous associated work. The project is to be known as the LITTLE
WALNUT CREEK TRUNK SEWER (PHASE 3) / INDI RUN TRUNK SEWER
EXTENSION PROJECT.
The General Location of the Project is described as:
The project begins at the existing Little Walnut Creek Regional Lift Station along Warrior
Lane north of future Douglas Parkway. From that point a 24-inch diameter sewer extends
west to the west of the existing pond west of Warrior Lane and then south along the west side
of the pond to the future Douglas Parkway. Two sewers extend from that point. The first
sewer is an extension of the 24-inch diameter sanitary sewer that continues west along future
Douglas Parkway and then south along future 4th Street. The second sewer is a 12-inch
diameter sewer that continues south along the west side of the pond and tributary of Little
Walnut Creek west of Warrior Lane.
2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
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 6th
day of November, 2017, 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
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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.
Persons desiring further information regarding the proposed public improvement project or its
impact on the properties identified above may contact John Gibson 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.
Rebecca D. Schuett, City Clerk
Mailed to all affected Property Owners on September 29, 2017.