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Home My WebLink About2016-08-15-H01 LWC Regional Lift Station Expansion Eminent Domain PH�1►� Waukee v1■r/ THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 15, 2016 AGENDA ITEM: On a public improvement project to construct the Little Walnut Creek Regional Lift Station Expansion 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 Little Walnut Creek Regional Lift Station Expansion Project consists of upgrading the existing Lift Station from .5 million gallons per day to 3 million gallons per day and the installation of approximately 9,575 linear feet of 16-inch diameter force main, air release manholes, clearing and grubbing, surface restoration, and clean up. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold Public Hearing. ATTACHMENTS: I. Notice of Hearing and Letting 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 REGIONAL LIFT STATION EXPANSION PROJECT, PROJECT ROUTE/LOCATION SELECTION AND TO ACQUIRE AGRICULTURAL LAND AND OTHER LAND FOR THE PROJECT, AND TO AUTHORIZE THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN IZ�� iTa li iif i C� t'iTi. I (FOR PUBLICATION) Property Owner Broderick Family LP Philip E Broderick, LLC Charlotte R Broderick LLC Location of Affected Property Parcel Numbers 1228200006 and 1228200005 Parcel Numbers 1228400003, 1228477001, and 1228478001 The Young Men's Christian Parcel Number 1228476001 Association Greater Des Moines, Iowa Ladco Properties XXXI, LLC Parcel Number 1228478002 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 Regional Lift Station Expansion project including upgrading the existing Little Walnut Creek Regional Lift Station to a 3 million gallon per day lift station and approximately 9,575 linear feet of 16-inch diameter force main, air release manholes, clearing and grubbing, surface restoration and miscellaneous associated work. The project is to be known as the LITTLE WALNUT CREEK REGIONAL LIFT STATION EXPANSION PROJECT. The General Location of the Project is described as: The project begins at an existing lift station west of Warrior Lane approximately 950 feet north of Douglas Parkway. From that point a 16-inch force main extends south along Warrior Lane to an existing manhole east of Warrior Lane approximately 650 feet north of University Avenue. The general location of the project is depicted on the map enclosed with this notice. 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 15`n day of August, 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. 2 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 D. Schuett, City Clerk Mailed to all affected Property Owners on July 8, 2016. ki