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Storm W Detention B - Carter RdCITY OF DUBUQUE, IOWA MEMORANDUM June 14, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager City Acquisition of Property for Stormwater Detention Facility Pubic Works Director Mike Koch is recommending that the City acquire a parcel of property on Carter Road, which has been identified as a site for a future stormwater detention pond. This detention basin would reduce the threat of property damage due to stormwater run off to homes located along West 32nd Street and homes in the northend area that suffered flood damage during the May 1999 storm event. There are many other improvements that need to be made to further protect property owners against flood damage, and those will be brought to the attention of the City Council as HDR Engineering completes their work on the City's Stormwater Management Plan. This parcel is for sale with an asking price of $150,000. The City has obtained an appraisal for the property at $72,000. The City had a third party approach the property owner and was not able to successfully negotiate a purchase agreement. The request at this point is to establish the value at the appraised price of $72,000, enter into good faith negotiations with the property owner, and if these are not successful, to proceed to condemnation to, acquire the property. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM June 13, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director City Acquisition of Property for Stormwater Detention Facility INTRODUCTION The City of Dubuque Engineering Division is requesting City Council approval to acquire a parcel of land (see Exhibit A) to be utilized as a detention basin site. DISCUSSION As part of the Stormwater Management Study, the team of engineers from HDR Engineering, IIW Engineers, and Buesing & Associates, has been working diligently to assess the stormwater drainage facilities within the City. In addition, improvements are being identified that reduce the threat of property damage due to stormwater runoff. A parcel of property has been identified as a pdme location for a stormwater detention basin. This detention basin would reduce the threat of property damage due to stormwater runoff to homes located along West 32 Street and homes in the northend area that suffered flood damage during the May, 1999 storm event. The parcel of property (see Exhibit A) has been appraised at $72,000. The City has attempted to negotiate the purchase with the property owner through a third party. Negotiations were unsuccessful. The Engineering Division is now requesting authorization to proceed with formal negotiations for the purchase of the property. ACTION REQUESTED The City Council is requested to adopt the attached resolution establishing the fair market value of the property and authorization formal negotiations with the property owner. MAK/vjd Prepared by Deren Muehring, Civil Engineer cc: Gus Psihoyos, Assistant City Engineer RESOLUTION NO. 277-01 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY IOWA NORTHWEST DEVELOPMENT COMPANY IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by Iowa Nor[hwest Development Company (Owner), legally described as follows (the Property): Lots l, 2, 3 and 4 of Carter Valley West in the City of Dubuque, Dubuque County, Iowa for the purpose of constructing a storm water detention facility; AND WHEREAS. Iowa law requires that City must make a good faith effort to negotiate with the Owner ro purchase the Property or property interest before proceeding with condemnation: AND WHEREAS. City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS. City has caused an appraisal of the Property ro be made and the appraised value of the Property is $ 72.000.00. AND WHEREAS. the City Council now desires ro establish the fair market value of the Propetxy.. NOW. THEREFORE_ BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA AS FOLLOWS: 1. The Pmr market value of the Property is hereby established to be S 72.300.00. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Oxvner 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 18th day of June, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk RESOLUTION NO. -01 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY IOWA NORTHWEST DEVELOPMENT COMPANY IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by Iowa Northwest Development Company (Owner), legally described as follows (the Property): Lots 1, 2, 3 and 4 of Carter Valley West in the City of Dubuque, Dubuque Coanty, Iowa for the purpose of constructing a storm water detention facility; AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property or property interest before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $ 72,000.00. 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 AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $ 72,000.00. 2. The City Manager and the Corporation Counsel 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 March, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk EXIHIB I T A Preperty Location Property to condemn for detention basin