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HomeMy WebLinkAbout~Master - Setting the Date of Public Hearing for January 26, 2021 to Authorize the Potential Use of Eminent Domain Authority, If Necessary, to Obtain Easements and Acquire Land for the Flood Mitigation - River Flooding Project RESOLUTION NO. 21-019 RESOLUTION SETTING THE DATE OF PUBLIC HEARING FOR JANUARY 26, 2021 TO AUTHORIZE THE POTENTIAL USE OF EMINENT DOMAIN AUTHORITY, IF NECESSARY, TO OBTAIN EASEMENTS AND ACQUIRE LAND FOR THE FLOOD MITIGATION-RIVER FLOODING PROJECT FOR THE CITY OF AMES,IOWA WHEREAS, following the floods of 2010,the City Council established a goal of mitigating the impact of future flooding in Ames; and, WHEREAS,a comprehensive Flood Mitigation Study was completed in 2013 that considered many possible mitigation alternatives; and, WHEREAS, on December 10,2013,the City Council approved a series of flood mitigation measures which included elements targeted at: A)Undertaking a stream bank restoration of Squaw Creek;B)Working with the Iowa Department of Transportation to improve the conveyance capacity of the US Highway 30 bridge; C) Working through the Squaw Creek Watershed Management Authority to pursue flood mitigation alternatives in the upper reaches of the watershed; and D) Conducting a workshop to review and discuss the range of possible floodplain regulatory approaches; and, WHEREAS, the stream bank restoration project involves flood mitigation in the Squaw Creek channel, including conveyance improvements within the channel approximately 2,000 feet either side of the South Duff Avenue bridge; and, WHEREAS, in working with the Iowa Department of Homeland Security & Emergency Management, the City received FEMA grant funding in the spring of 2020 for this project; and, WHEREAS, as a requirement of projects that utilize FEMA funding and also pursuant to Iowa Code §613.2A, a public hearing must be held for the purpose of receiving public input in consideration of whether or not to authorize the potential use of eminent domain authority (condemnation) with respect to land acquisition for the Squaw Creek Flood Mitigation — River Flooding project now under consideration with the final design of the project; and, WHEREAS, the public hearing will be held during the regular City Council meeting on January 26, 2021; and, WHEREAS, final design is being finished and permit applications to the Army Corps of Engineers and Iowa DNR are to be submitted this month; and, WHEREAS, land acquisition activities have commenced with landowner meetings, title opinions, and initiation of appraisals; and, WHEREAS, due to threatened and endangered species(two bat species)requirements,tree dropping/clearing needs to be completed prior to April 1, 2021 or else not until November(which would push the project close to the FEMA deadline of June 19, 2022); and, WHEREAS, a tree removal contract will commence for the work prior to April 1,2021 and it is anticipated that construction bids for the overall project will be received summer 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the date of the public hearing is set for January 26, 2021 to authorize the use of eminent domain, if necessary, to obtain easements and acquire land for the Flood Mitigation-River Flooding project. ADOPTED THIS 12th day of January, 2021. Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Beatty-Hansen Seconded by: Corrieri Voting aye: Beatty-Hansen, Corrieri, Gartin, Junck, Martin Voting nay: Betcher Absent: None Resolution declared adopted and signed by the Mayor this 12th day of January, 2021.