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Home My WebLink About2016-06-20-H01 NW Trunk Sewer Extension, South Outfall Sewer - Eminent Domain PHfflWf Waukee �TTHE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 20, 2016 AGENDA ITEM: On a public improvement project to construct the Northwest Trunk Sewer Extension and South Outfall Sewer Project, to acquire land for the project by purchase, and, if necessary, to authorize the use and acquisition of property by eminent domain FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The project consists of approximately 9,050 linear feet of 36-inch diameter gravity flow sanitary sewer, 1,700 linear feet of 30-inch diameter gravity flow sanitary sewer, 11,620 linear feet of 24-inch diameter gravity flow sewer, 3,480 linear feet of 18-inch diameter gravity flow sanitary sewer, 1,450 linear feet of 12-inch diameter gravity flow sanitary sewer, manholes, clearing and grubbing and surface restoration. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold Public Hearing ATTACHMENTS: I. 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 NORTHWEST TRUNK SEWER EXTENSION PROJECT AND SOUTH OUTFALL SEWER 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 Jackie L. Kuehl Jeffrey J. Johannesen and Jane L. Johannesen Gregory B. Ruble and Ann M. Ruble Duane L. Smith and Stacey A. Rheinberger-Smith David G. Stilley and Connie Stilley Henry Krohn and Janice Krohn Revocable Trust UAD 4/9/2013 Joseph D. Levalley and Jane Levalley Location of Affected Property Parcel Number 1608176056 Parcel Numbers 1608176020 and 1608176021 Parcel Number 1608252003 Parcel Number 1608252002 Parcel Number 1608252012 Parcel Number 1608201001 Parcel Number 1608100014 William C. Jacobson and Katherine A. Parcel Number 1608100005 Jacobson Chayse Holdings LLC Ben L. Hom and Helen S. Hom Brad Klinkefus Jeffrey W. Voorhees and Arlene M. Voorhees Mark Fish and Erin Fish Dean R. Grewell III and Palma C. Grewell Parcel Number 1605376002 Parcel Number 1605376001 Parcel Number 1605326003 Parcel Numbers 1605326002 and 1605326001 Parcel Number 1605100013 Parcel Number 1605100032 Hubbell Metropolitan Development Parcel Numbers 1605100041, Fund I LLC (Series E) Glynn Village Homeowners Association Phillips -Hamilton, Inc. Leach Family Farms Inc. Waukee T Avenue, LLC Hughes Family Limited Partnership KRM Properties Co. Inc. 1605100043 and1605100042 Parcel Numbers 1605132026 and 1605129021 Parcel Numbers 1606200007, 1606200006,1606200002,1606200001, 1232400004, 1232400002, 1232400003, 1232400001,1232300002,and 1232300004 Parcel Numbers 1232300001, 1232100003, and 1232100001 Parcel Number 1229300004 Parcel Number 1230400004 Parcel Number 1608176019 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 613.2A 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 Northwest Area Trunk Sewer Extension and South Outfall Sewer Project including approximately 9,050 linear feet of 36-inch diameter gravity flow sanitary sewer, 1,700 linear feet of 30-inch diameter gravity flow sanitary sewer, 11,620 linear feet of 24-inch diameter gravity flow sanitary sewer, 3,480 linear feet of 18-inch diameter gravity flow sanitary sewer, 1,450 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 NORTHWEST TRUNK SEWER EXTENSION PROJECT AND SOUTH OUTFALL SEWER PROJECT. The General Location of the Project is described as: The project begins at an existing manhole at the north end of the existing 42-inch diameter South Outfall Sewer approximately 400 feet east of the Painted Woods Drive cul-de-sac. From that point a 36-inch diameter sewer extends north and northwest to the existing Sugar Creek Lift Station north of 312th Place approximately 1,500 feet east of Ute Avenue. From that point a 30-inch diameter sewer extends north parallel to the existing 24-inch diameter Sugar Creek Trunk Sewer to an existing manhole at the south end of the existing 36-inch diameter North Outfall Sewer approximately 1,300 feet east of Ute Avenue and 1,600 feet north of 3121h Place. A 36-inch diameter sewer extends north from an existing manhole at the north end of the existing 36-inch North Outfall Sewer approximately 150 feet west of the Hannah Lane cul-de-sac to Lift Station No. 1 at the Wastewater Treatment Facility. A 24-inch diameter sewer extends northwest across Sugar Creek Golf Course from an existing manhole approximately 1,350 feet east of Ute Avenue and 2,300 feet north of 312th Place to a point west of Ute Avenue approximately 1,450 feet south of University Avenue. Two sewers extend from that point. The first sewer is a 12-inch diameter sewer that extends north to a point at the southwest corner of the intersection of University Avenue and Ute Avenue. The second sewer is a 24-inch diameter sewer that extends northwest to a point east of T Avenue approximately 2,800 feet south of Hickman Road. From that point an 18-inch diameter sewer extends north to a point at the northeast corner of the intersection of T Avenue and Hickman Road. From that point an 18-inch diameter sewer extends west to a point north of Hickman Road approximately 600 feet west of T Avenue. 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 20t" 3 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 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 13, 2016 El