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Bee Branch Creek Restoration Project_Purchase of 2275 Elm StreetMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Purchase of 2275 Elm Street DATE: April 27, 2010 City Engineer Gus Psihoyos recommends the City Council establish the fair market value of 2275 Elm Street at the appraised value of $60,000 and authorize the City Manager to begin negotiations to acquire this property for the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Dubuque herd NI- America City lip 2007 Masterpiece on the Mississippi Attach. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Deron Muehring, Civil Engineer II April 26, 2010 Dubuque kard AI- AmedcaCity 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Restoration Project, Purchase of 2275 Elm Street. INTRODUCTION The purpose of this memo is to establish the fair market value of 2275 Elm Street and seek authorization for the City Manager to begin negotiations to acquire the property required for the Bee Branch Creek Restoration Project. BACKGROUND 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 The property at 2275 Elm Street was identified for acquisition based on the project alignment approved, by the City Council. The property, legally described as the Lot 2 N 50'- 1 -1 -103 L H Langworthy's Add and Lot 2 Warren & Robin Amling's Sub, in the City of Dubuque, Dubuque County, Iowa was appraised at $60,000.00. RECOMMENDATION I recommend that the City establish the fair market value of 2275 Elm Street at the appraised value and that the City Manager begin negotiations with the property owner. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution establishing the fair market value of 2275 Elm Street and authorizing the City Manager to commence negotiations to acquire the property. RESOLUTION NO. 136 -10 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY ROBERT D. & LIVIJA KLAUER IN THE CITY OF DUBUQUE, IOWA. WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by Todd H. Schmitz (Owner), legally described as follows (the Property): Lot 2 N 50' -1 -1 -103 L H Langworthy's Add & Lot 2 Warren & Robin Amling's Sub, 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 $60,000.00; 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: Attest: 1. The fair market value of the Property is hereby established to be $60,000.00. 2. The City Manager is 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 Tess than the fair market value established by this resolution. Passed, approved and adopted this 3rd day of May ,, 2010. eanne F. Schneider, CMC City Clerk Roy D. Buol, Mayor Address: 2275 Elm Street Exhibit A Bee Branch Creek Restoration Project Property Acquisition Legal Description: Lot 2 N 50' -1 -1 -103 L H Langworthy's Add AND Lot 2 Warren & Robin Amling's Sub