Bee Branch Creek Rest. Project Purchase of Property_Milton Schwartz & G&S Real EstateTHE CTTY OF Dubuque
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DuB E A~~~~~~
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration Project, Purchase of Property Owned by
Milton E. Schwartz and property owned by G & S Real Estate
DATE: September 30, 2008
City Engineer Gus Psihoyos recommends City Council approval of resolutions
establishing the fair market value of the property owned by Milton E. Schwartz (1547
Maple and 574 East 16th Street, appraised at $120,000) and property owned by G & S
Real Estate (Lot 289 East Dubuque No. 2, appraised at $32,500) and authorizing the
City Manager and the City Attorney to commence negotiations to acquire the property
required for the Bee Branch Creek Restoration Project. The owners have been
unwilling to sell their property for the appraised value.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CTTY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ~ .
Dubuque
AN-Amedcal~tY
2007
September 30, 2008
SUBJECT: Bee Branch Creek Restoration Project, Purchase of Property Owned by
Milton E. Schwartz and property owned by G & S Real Estate
INTRODUCTION
The purpose of this memo is to establish the fair market value of property owned by
Milton E. Schwartz and property owned by G & S Real Estate and seek authorization for
the City Manager and City Attorney to begin negotiations to acquire the property
required for the Bee Branch Creek Restoration Project.
BACKGROUND
In December of 2001, the City Council formally adopted the Drainage Basin Master Plan
(DBMP) prepared by HDR Engineering (Omaha, NE). Based on the study,
approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of
flood damage. The DBMP recommends several capital improvement projects that
would reduce the threat of flood damage in the Bee Branch Creek Watershed. They are
the Carter Road Detention Basin that was completed in the spring of 2004, the W. 32nd
Street Detention Basin that is currently under construction, and the Bee Branch Creek
Restoration Project from 16th Street to 24th Street that is currently under design.
In December of 2004, the City Council established the alignment for the Bee Branch
Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington
Streets, and established a building permit moratorium for the properties impacted based
on the alignment. The alignment established the properties necessary to be acquired for
the Bee Branch Creek Restoration Project.
DISCUSSION
These two properties owned by Milton E. Schwartz and property owned by G & S Real
Estate were identified for acquisition in the project alignment approved by the City
Council.
The pro~erty legally described as Lot 291 East Dubuque Addition, 1547 Maple and 574
East 16 h Street was appraised at $120,000.00.
The property legally described as Lot 289 East Dubuque No. 2 in the City of Dubuque
was appraised at $32,500.00.
The owners have been unwilling to sell their property for the appraised value.
RECOMMENDATION
I recommend that the City establish the fair market value of the property owned by
Milton E. Schwartz and property owned by G & S Real Estate at the appraised value
and that the City Manager and City Attorney begin negotiations with the property
owners.
BUDGET IMPACT
The FY2009 budget included $3,902,395 for the property acquisitions associated with
the Bee Branch Creek Restoration Project.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolutions establishing
the fair market value of the property owned by Milton E. Schwartz and property owned
by G & S Real Estate and authorizing the City Manager and City Attorney to commence
negotiations to acquire these properties.
Attach.
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Deron Muehring, Civil Engineer II
RESOLUTION NO.
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY
OWNED BY MILTON E. SCHWARTZ IN THE CITY OF DUBUQUE, IOWA.
WHEREAS, the City of Dubuque (City) intends to acquire certain real property
owned by Milton E. Schwartz (Owner), legally described as follows (the Property):
Lot 291 East Dubuque Addition, 1547 Maple & 574 East 16th Street, all in the City of
Dubuque, Dubuque County, Iowa
as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance
associated with the restoration of the Bee Branch Creek;
AND WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with the Owner to purchase the Property before proceeding with condemnation;
AND WHEREAS, City has caused an appraisal of the property to be made and the
appraised value of the property is $120,000.00;
AND WHEREAS, the City Council now desires to establish the fair market value of
the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $120,000.00.
2. The City Manager and the City Attorney are hereby authorized to commence
negotiations with the Owner of the Property and any other interested parties for
the purchase of the Property for a purchase price which is not less than the fair
market value established by this resolution.
Passed, approved and adopted this day of , 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
RESOLUTION NO.
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY
OWNED BY G 8~ S REAL ESTATE IN THE CITY OF DUBUQUE, IOWA.
WHEREAS, the City of Dubuque (City) intends to acquire certain real property
owned by G 8~ S Real Estate (Owner), legally described as follows (the Property):
South One-half Lot 289 East Dubuque No. 2, in the City of Dubuque, Dubuque
County, Iowa
as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance
associated with the restoration of the Bee Branch Creek;
AND WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with the Owner to purchase the Property before proceeding with condemnation;
AND WHEREAS, City has caused an appraisal of the property to be made and the
appraised value of the property is $32,500.00;
AND WHEREAS, the City Council now desires to establish the fair market value of
the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
1. The fair market value of the Property is hereby established to be $32,500.00.
2. The City Manager and the City Attorney are hereby authorized to commence
negotiations with the Owner of the Property and any other interested parties for
the purchase of the Property for a purchase price which is not less than the fair
market value established by this resolution.
Passed, approved and adopted this day of , 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk