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Date
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February 23,
2009
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Agenda
Item No. 21 Roll
Call No. 09- Communication No.
09-107 Submitted by: William
G. Stowe, |
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AGENDA HEADING:
Approving and authorizing the execution of an
agreement between the City of Des Moines and Trelen J. Wilson and Linda L. Bender
regarding the property at 1235 Davis Avenue in Des Moines, and authorization to
acquire necessary property interests by gift, negotiation, or condemnation.
SYNOPSIS:
Recommend
approval of the agreement between the City of Des Moines
and the owners of the property at 1235 Davis Avenue, Trelen J. Wilson and Linda L. Bender, and authorization to acquire
necessary property interests by gift, negotiation or condemnation, regarding construction
of improvements to mitigate severe soil erosion and landslides that occurred
near 1235 Davis Avenue during and subsequent to the
heavy rains and flooding in June 2008.
The property is adjacent to a natural creek, and was determined by the
United States Department of Agriculture (USDA) to qualify for financial
assistance from the USDA Natural Resources Conservation Service (NRCS)
Emergency Watershed Protection Program (EWP), which provides for soil erosion
prevention and repair projects. The
City’s role is to act as the governmental sponsor, as required by the EWP, and coordinate
the 25% local match for design and construction costs.
FISCAL IMPACT:
Amount: $172,400
Total Estimated Project Cost
Funding Source: $117,800
being 75% of estimated project cost (maximum $117,800) in Federal USDA-NRCS EWP funds; additional 25% local match paid
per agreement with the property owners.
ADDITIONAL INFORMATION:
The
USDA-NRCS operates the EWP program with the stated purpose of undertaking
“emergency measures for soil erosion prevention to safeguard lives and property
from floods, drought, and the products of erosion on any watershed whenever
fire, flood, or any other natural occurrence is causing or has caused a
sudden impairment of the watershed.”
During
and subsequent to the heavy rains and flooding in June 2008, severe soil
erosion and landslides occurred near 1235 Davis Avenue, which threatened the
house and the City’s storm sewer utility outlet located near the residence. On October 14, 2008, the City submitted an
application to the United States Department of Agriculture (USDA) Natural
Resources Conservation Service (NRCS) Emergency Watershed Protection Program
(EWP) for assistance at 1235 Davis Avenue, including repairs to the property
slope and also to the City’s storm water utility outlet. The City’s role in the EWP program is to
act as the governmental sponsor for prevention and repair projects. The EWP program will fund 75% of the project
cost with a 25% local share paid per agreement with the property owners.
City
staff has met with the NRCS representatives at the property site to assess the
damage and estimate the repair costs. A
Damage Survey Report (DSR) prepared by the NRCS includes the construction of a
retaining wall and City storm water utility drainage way improvements on the
property with an estimate for construction only at $117,800. The project cost including design,
construction administration, and easement costs is estimated at $172,400. Actual project costs of construction will be
determined after the project is completed, and payment arrangements for
reimbursement of the City’s cost-share associated with the project have been
negotiated by City staff and the property owners. The property owners also agree to provide a temporary
easement for construction and construction related activities, an easement for
operation and maintenance of retaining wall, and if required, a storm water
flowage easement and/or storm sewer and storm water flowage easement to the
City at no cost.
In
addition, a permanent storm sewer and surface water flowage easement and a
temporary construction easement are needed on the property located west of 1235
Davis Avenue. This property is owned by
Frank and Melba Scaglione, 3663 Grand Avenue, Unit 907, Des Moines, Iowa
50312-4369. The easements are needed for
construction access and for the stabilization and protection of the City’s
storm sewer utility outlet channel. Relocation
assistance will not be required for this project.
PREVIOUS COUNCIL ACTION(S):
Date: September 22, 2008
Roll Call Number: 08-1662
Action:
Authorization to submit
grant application to U.S. Department of Agriculture Emergency Watershed
Protection Program for soil erosion prevention and repair projects related to
2008 heavy rains and flooding. (Council
Communication No. 8-577) Moved by Hensley to
adopt. Motion Carried 7-0.
BOARD/COMMISSION ACTION(S): NONE
ANTICIPATED ACTIONS AND FUTURE
COMMITMENTS:
The
EWP grant agreement and an operation and maintenance agreement and plan with
the USDA to construct the improvements, operate, and maintain the improvements
will be presented to Council for consideration. Further Council action may also be required
for property acquisition purposes for the project.
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,