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Residents urge West Des Moines to reconsider Ashworth Road design, cite safety and eminent‑domain concerns

2236213 · February 3, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Residents told the City of West Des Moines they believe the chosen Ashworth Road reconstruction option takes more private land than necessary and may be less safe than narrower‑lane alternatives; speakers asked the city to verify legal immunity before proceeding.

Residents pressed the West Des Moines City Council during the Feb. 3 citizens forum to revisit the city engineer’s recommendation for the Ashworth Road reconstruction and the lane widths selected for the project.

Shane McClinton, a resident at 1910 Ashworth Road, told the council the decision to adopt “option 2C,” which uses 12‑foot lanes, may result in excessive right‑of‑way takings and could expose the city to eminent‑domain claims. “Based on one testimony … it was decided that we couldn't use 11‑foot lanes,” McClinton said, adding the city did not vet that testimony further. He urged the council and city attorney to confirm whether the city would retain statutory immunity if it chose 11‑foot lanes (described in testimony as “10 plus 1” from curb face to stripe) and to consult an independent engineer before finalizing the design.

Brad Morford, 1815 Ashworth Road, said he has worked with McClinton and agrees the council should reconsider its last vote and examine the data McClinton provided. “I think Shane has got good information that I think the council should reconsider,” Morford said, adding his concern that some earlier recommendations would take more property than the developers’ directive intended.

Amy Buer, 8415 Mill Civic Parkway, also spoke during citizens forum and raised safety and property‑taking concerns from a personal perspective. In an emotional account, Buer said she is disabled and worried about the road widening near her porch and said she has tried to raise related construction and traffic complaints with the city.

Why this matters: McClinton and others told the council they believe narrower lanes can reduce vehicle speeds and reduce the amount of private land needed for reconstruction. Council members and the city attorney previously discussed immunity and liability at an earlier meeting; several council members said liability concerns contributed to the engineering recommendation adopted at a prior session. Council members present at the Feb. 3 meeting acknowledged the residents’ concerns and said staff would follow up with clarifying answers.

What the council said: Council members on the dais said they want to avoid exposing the city and taxpayers to legal liability. Councilman McKinney said the city engineer’s opinion was a factor in approving the current plan because it considered potential exposure for the city. Councilman Hudson told McClinton the city would follow up on the legal and engineering questions he raised.

Next steps and clarifications: Residents asked the city to (1) confirm whether the city would retain immunity under state eminent‑domain law if it adopted an 11‑foot curb‑to‑stripe lane, (2) review independent engineering sources, and (3) explain precisely why the 12‑foot lane recommendation was selected. Council members and staff said they would follow up; no formal action, motion or vote on the roadway design occurred at the Feb. 3 meeting.

Community context: Speakers described Ashworth Road as a minor arterial and as a bus and truck route; McClinton cited examples from nearby reconstructions that, he said, use curb‑to‑stripe widths similar to an 11‑foot lane. The transcript shows residents framed their concerns around safety, property takings and the legal exposure of the city if more land were acquired than necessary.

Ending: The council did not take action on the Ashworth Road design on Feb. 3; staff and council members said they would follow up with written responses on the legal and engineering questions raised during citizens forum.