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Date
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January 26, 2009
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Agenda Item No. 60 Roll Call No. 09- Communication No. 09-040 Submitted by: Jeb E. Brewer, P.E. City Engineer |
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AGENDA HEADING:
Hold
hearing on the intent to acquire property for recreational trail purposes and
authorize acquisition of the necessary property interests for the Waveland
Trail – Phase 1 Project by gift, negotiation, or eminent domain.
SYNOPSIS:
Recommend authorization to
acquire property for recreational purposes and authorize acquisition of the
necessary property interests for the Waveland Trail – Phase 1 Project by gift,
negotiation, or eminent domain. These
actions are required by Iowa law before the City can initiate the right-of-way
acquisition process under eminent domain.
FISCAL IMPACT:
Amount:
Compensation will be based on an independent appraisal and the appraisal
will be submitted to Council for approval of fair market value before an offer
is made.
Funding Source:
Fiscal Year 2008-09 CIP, Park Improvements – Recreational Trails,
PKS045, Page – Park Improvements – 22, G. O. Bonds.
ADDITIONAL INFORMATION:
On March 24, 2008, under Roll Call No. 08-531, the City Council
approved the Waveland Trail Phase I route (see attached map), which starts just
south of the small bridge on the Walnut Creek Trail. This trail will follow a northeasterly route
along the east side of what is commonly known as Golf/Cummins Creek along the
publicly-owned greenway to Pleasant Street, where it passes under the bridge,
which is slated for replacement by the City in 2009. The bridge will be designed with the trail in
mind and allow adequate room for the trail to pass beneath. On the east side of the bridge, the route
enters onto private property owned by Mike and Nadine Kastner, continuing
easterly on a route parallel to Interstate 235 (I-235) along the north edge of
the Kastner property to 56th Street at the point where it intersects
with I-235. The City will need to
purchase an easement or a portion of the Kastners’ property and request
disposition of the Iowa Department of Transportation (IDOT) property located on
the west side of 56th Street south of I-235 for the trail.
This trail route minimizes the amount of private property needed
for the trail. In addition, remaining on
the east side of the creek eliminates the need to construct a bridge across the
creek and allows for minimal additional disturbance to the environment; the
greenway between Pleasant Street and the end of Ronwood Drive is maintained as
manicured grass.
It is expected that Phase 1 of the Waveland Trail
will start construction in the Spring of 2009 and open by the late Fall of
2009.
Property Needed for Recreational
Trail Purposes:
Under
the provisions of Chapter 6B of the Iowa Code, a governmental body which
proposes to acquire property under power of eminent domain for recreational
trail purposes is required to give notice of a proposed resolution, motion, or
other document authorizing acquisition of property by eminent domain to each
property owner, contract purchaser of record and any tenant known to be
occupying the properties that may be acquired in whole or in part for the
recreational trail prior to the date of the meeting at which such proposed
authorization will be considered. (See Section 6B.2D of the Iowa Code.)
The City
has mailed notice regarding the proposed resolution authorizing acquisition of
property for recreational trail purposes for this project as required by law. Before further proceeding with the acquisition
for the recreational trail, the City must (a) hold a public hearing, giving
affected persons the opportunity to attend the hearing and present their views
and objections regarding the proposed acquisition of private property for the
recreational trail portion of the project by gift, negotiation or eminent
domain; and (b) adopt a resolution to authorize acquisition of private property
for the recreational trail portion of the project by eminent domain.
Compensation for the property
interests to be acquired will be based on an independent appraisal and the
appraisal will be submitted to City Council or City Manager, as applicable, for
approval of the fair market value before an offer is made.
PREVIOUS
COUNCIL ACTION(S):
Date: January 5, 2009
Roll Call Number: 09-028
Action: On intent to acquire property for
recreational trail purposes and authorize acquisition of the necessary property
for the Waveland Trail, Phase 1 Project. Moved by Hensley to continue the public hearing until January
26, 2009, at 5:00 PM, in the Council Chambers.
Motion Carried 7-0.
Date: March 24, 2008
Roll Call Number: 08-531
Action:
Waveland Trail Phase I recommended trail
route. (Council Communication No.
08-156) Moved
by Hensley to approve. Motion Carried
6-1. Absent: Meyer.
BOARD/COMMISSION ACTION(S):
Board:
Parks and Recreation Board
Date:
February 26, 2008
Action:
Approval of Recommended Route and Public Input Report
Board:
Parks and Recreation Board
Date:
January 22, 2008
Action:
Receive and File Recommended Route and Public Input Report
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS: Establish Fair Market Value
For
more information on this and other agenda items, please call the City Clerk’s
Office at 515-283-4209 or visit the Clerk’s Office on the second floor of City
Hall,