City Council may authorize the use of eminent domain to procure land from two Ames property owners in order to comply with the city’s plans to improve public utilities during their meeting Tuesday evening.

The East Industrial Utility Extension Program (EIUEP) requires land from 12 different Ames property owners for the creation of a water main, force sewer and eventually a water tower. A and R Land Services, Inc. reached out to the landowners earlier this month concerning the project.

So far, four of those landowners have signed agreements with A and R, six are still in the deal making process and another two have flat out refused to comply. However, the council may vote to allow the city to forcibly obtain the needed land, with compensation.

City of Ames staff “will continue to make good faith efforts to negotiate land and easement acquisitions with property owners, but requests that eminent domain be authorized at this time to prevent any future delays,” council documents show.

At Tuesday’s meeting, the council will decide if authorizing eminent domain is the right choice, or if completion of the project can be pursued without forcibly appropriating private property.

The EIUPE focuses on the area between Interstate 35 and Potter Avenue in east Ames. It’s goal is to bring improved public utility services to parts of the east Ames industrial annex. 

“The use of eminent domain is a power that the city only uses as a last resort to ensure that its ability to provide essential services for the community is not compromised by unrealistic expectations or demands,” according to council documents.

The council will also seek a resolution to river flood risks along Duff Avenue. They hope to reach a final solution which will offer permanent flooding easement in the areas between 1016 S. Duff Ave and 1008 S. Duff Ave.

The council will also discuss whether or not $17,003 should be refunded to Hunziker Property Management in the aftermath of a project the City of Ames contracted them for earlier this year.

The City contracted Hunziker and Walmart Real Estate Business Trust for the construction of a median traffic stop along S. Duff Avenue. After certain costs were mitigated and other expenses were raised, Hunziker requested an amount of money be refunded.

However, a net savings of more than $81,000 was recorded on the project.

“Staff is surprised that Hunziker is taking their position regarding the construction management fee, since the extra cost here resulted in overall savings to the partners and previous discussions emphasized the parties sharing equally in the net costs of the project,” according to council documents.

For their refund, Hunziker is focusing on an expense fee which increased from $30,000 to $81,010 during construction. Apparently, that fee was an estimate, but the City did not make that clear in negotiations.

Editor’s Note: The Daily initially reported that the EIUPE was a project for flood mitigation, when it is actually a project focused on water utilities. The Daily regrets this error.