Carter Rd Det Basin Prop AcquisMEMORANDUM
Januaw 28,2004
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
City Acquisition of Property for Carter Road Detention Basin
As part of the construction of the Carter Road Detention Basin, the City needs to
acquire two parcels of land owned by Delbert Miller and an easement from Larry and
Kathy Miller for stormwater storage and sanitary sewer relocation.
Assistant City Engineer Gus Psihoyos recommends that the City Council establish the
value of the Delbert Miller property at $45,000, and authorize the City Manager to
negotiate for the purchase of the property; and establish the value of the Larry and
Kathy Miller easement at $5,950, and authorize the City Manager to negotiate for the
purchase of the easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
MEMORANDUM
Januaw 28,2004
TO:
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Assistant City Engineer
SUBJECT: City Acquisition of Property for Carter Road Detention Basin
INTRODUCTION
The City of Dubuque Engineering Division is requesting City Council approval to acquire
two parcels of land from Delbert Miller and an easement from Larry and Kathy Miller for
stormwater storage and sanitary sewer relocations for the Carter Road Detention Basin.
DISCUSSION
In December of 2001, the City Council adopted the Drainage Master Plan (DBMP)
produced by HDR. HDR determined that there are over 1,150 homes and businesses
within the floodplain limits and at dsk of flood damage during the 100-year rainstorm in
the Bee Branch Watershed.
The Carter Road Detention Basin is the first of three improvements in the current five-
year Capital Improvement Program for the Bee Branch watershed that will alleviate the
risk to the 1,150 homes and businesses dudng the 100-year rainstorm. The W. 32nd
Street Detention Basin Modifications Project and the Bee Branch Creek Restoration
Project are the other two projects.
Delbert Miller Proper~
As part of the construction of the Carter Road Detention Basin, the City needs to
acquire two parcels of land owned by Delbert Miller for stormwater storage and sanitary
sewer relocation.
Felderman Appraisals appraised the Delbert Miller property at $45,000, and Kane
Appraisals appraised the property at $65,000. The City has since attempted to
negotiate a purchase pdce but has been unsuccessful. Delbert Miller verbally
approved an offer to purchase the property for $65,000. However, he has also asked
for conditions to be placed on the property relating to the removal of trees. Therefore, I
recommend that the City Council establish the value of the property at $45,000 based
on the appraisal from Fetderman Appraisals to initiate formal acquisition of the property.
Larry and Kathy Miller Property
An easement is required for stormwater storage on a parcel owned by Larry and Kathy
Miller. Felderman Appraisals appraised the value of the easement at $5,950. Larry
Miller has also asked to add conditions to the easement that pertain to the adjacent
property owned by his father, Delbert Miller. I recommend that the City Council
establish the value of the Larry and Kathy Miller easement to initiate formal acquisition
of the easement.
RECOMMENDATION
I recommend that the City Council establish the value of the Delbert Miller property at
$45,000 based on the appraisal from Felderman Appraisals. I further recommend that
the City Council establish the value of the Larry and Kathy Miller easement at $5,950
based on the appraisal from Felderman Appraisals.
ACTION REQUESTED
I respectfully request that the City Council adopt the attached resolution establishing the
value of the Delbert Miller property at $45,000 and authorize the City Manager to
negotiate for the purchase of the property.
I also request that the City Council adopt the attached resolution establishing the value
of the Larry and Kathy Miller easement at $5,950 and authorize the City Manager to
negotiate for the purchase of the easement.
CC:
Michael A. Koch, Public Works Director
Barry Lindahl, Corporation Counsel
Deron Muehring, Engineering
RESOLUTION NO. 47-04
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL
PROPERTY OWNED BY DELBERT G. MILLER IN THE CITY OF
DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire certain real
property owned by Delbert G. Miller (Owner), legally described as follows (the
Property):
Lot 2-2-A-2-2-2-1-1-1-1-1 of Clarence Aden Place and
Lot 2-1-1-1-1-1-1-1-2-3-1 of Highland Farm Addition, all in the City of
Dubuque, Dubuque County, iowa
as shown on Exhibit A attached hereto for the purpose of stormwater storage and
the relocation of the sanitar~ sewer for the Carter Road Detention Basin;
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 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 $45,000.00.
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
$45,000.00.
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 ~s
~ot less than the fair market value established by this Resolution.
Passed, approved and adopted this 2nd daYof February ,2004.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
RESOLUTION NO. 48-04
ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN
INTERESTS IN REAL PROPERTY OWNED BY LARRY W. AND
KATHY F. MILLER IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire an easement as
shown on Exhibit A on certain real property owned by Larry W. and Kathy F.
Miller (Owner), legally described as follows (the Property):
Lot A of West Ridge 3rd Addition, In the City of Dubuque, Dubuque
County, Iowa
for the purpose of stormwater storage associated with the Carter Road Detention
Basin;
AND WHEREAS, Iowa law requires that City must make a good faith
effort to negotiate with the Owner to purchase a property interest before
proceeding with condemnation;
AND WHEREAS, City may not make an offer to purchase a property
interest which is less than the fair market value City has established for the
property;
AND WHEREAS, City has caused an appraisal of the interest to be made
and the appraised value of the interest is $5,950.00.
AND WHEREAS, the City Council now desires to establish the fair market
value of the interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA AS FOLLOWS:
1. The fair market value of the easement as shown in Exhibit A is hereby
established to be $5,950.00.
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 easement as shown in Exhibit A which
is not less than the fair market value established by this Resolution.
Passed, approved and adopted this 2nd day of February, 2004.
Attest:
Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor
MILLER PROPERTIES
NORTH
GRAPHIC SCALE
200 0 I00 200
400
EXHIBIT "A"
BEING A STOR~WATER STORAGE EASEMENT ACROSS LOT A OF
WEST RIDGE ~rd ADDITION, IN THE CITY OF DUBUQUE, IOWA
~;'~ ~ LOT l l OF CARTER
~ ~"x~R ~ : RIDGE ADD)T)ON
NOTm LEGEND