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Home My WebLink About2016-06-06-H01 SW Area Trunk Sewer Chapter 6B - PH►,►� Waukee �f■�r THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 6, 2016 AGENDA ITEM: On action pursuant to Chapter 6B of the Code of Iowa pertaining to the Southwest Area Trunk Sewer Extension Project FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The Southwest Area Trunk Sewer Extension Project consists of the construction of approximately 1,732 linear feet of 24-inch diameter gravity flow sanitary sewer, 2,064 linear feet of 12-inch to 18-inch diameter gravity flow sanitary sewer, manholes, clearing and grubbing, surface restoration and cleanup. FISCAL EVIPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: . ATTACHMENTS: I. PREPARED BY: Beth Richardson REVIEWED BY: John Gibson ."k/ PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: NOTICE OF HEARING CONCERNING THE COMMENCING OF A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTHWEST TRUNK SEWER EXTENSION PROJECT, PROJECT ROUTE/LOCATION SELECTION AND FUNDING, 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 Lyle and Diane Oleson Thomas and Kathleen Taggart Charles and Rita Garland Mark and Diane Foust Phillips -Hamilton, Inc. Location of Affected Property Parcel Number 1608100011 Parcel Number 1608100010 Parcel Number 1608100009 Parcel Number 1608100007 Parcel Number 1607200002 and tenants, parties in possession and/or other parties with any interest in the properties identified above. Under the provisions of Chapter 613 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 613.2A 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 a Sanitary Trunk Sewer and associated infrastructure. The project involves the Construction of the Southwest Area Trunk Sewer Extension including approximately 1,732 linear feet of 24- inch diameter gravity flow sanitary sewer, 2,064 linear feet of 12-inch to 18-inch diameter gravity flow sanitary sewer, manholes, clearing and grubbing, surface restoration and miscellaneous associated work. The project is to be known as the SOUTHWEST AREA TRUNK SEWER EXTENSION PROJECT. The General Location of the Project is described as: The project begins at an existing manhole west of Ute Avenue approximately 2,100 feet south of Ashworth Road. From that point a 24-inch diameter sewer extends northwest to a point approximately 1,100 feet south of Ashworth Road and 1,450 feet west of Ute Avenue. From that point a 15-inch to 18-inch diameter sewer extends northwest to a point approximately 600 feet south of Ashworth Road and 1,650 west of Ute Avenue. Two sewers extend from that point. The first sewer is a 12-inch diameter sewer that extends north to a point south of Ashworth Road approximately 1,400 feet west of Ute Avenue. The second sewer is a 12-inch to 15-inch diameter sewer that extends northwest to a point south of Ashworth Road approximately 2,200 feet west of Ute Avenue. The location is further depicted on a map on file with the City Clerk which is available for inspection and copying. 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 design of the project, to select the design and route for 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 6o' day of June, 2016, 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 2 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. 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 Schuett, City Clerk Mailed to all affected Property Owners on May 6, 2016 3