Auto Glass Ctr, University FMV
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MEMORANDUM
March 9, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Establishing Fair Market Value on Three Properties Needed for the
Realignment of University Avenue to US 20
Public Works Director Mike Koch is recommending City Council approval of a resolution
establishing the fair market value of three properties currently owned by Elm Real
Estate, LC. (Auto Glass Center) at $138,500. These properties are needed as right-of-
way for the realignment of University Avenue from Ethel Street to US 20 at the entrance
to Theisen's. This is a step in the land acquisition process that could end up in the use
of eminent domain.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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MiclÍael C. Van Milligen -
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
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MEMORANDUM
March 8, 2004
FROM:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director W'¿ J!~
TO:
SUBJECT: Establishing Fair Market Value on Three Properties Needed for the
Realignment of University Avenue to US 20
INTRODUCTION
The enclosed resolution establishes the fair market value on three properties
currently owned by Elm Real Estate, LC. (Auto Glass Center). With very recent
changes in the eminent domain laws, the first step in the process of acquiring a
parcel of property possibly needed for public right-of-way is for the City to have
an appraisal performed on the possible properties acquired by eminent domain.
The City Council must then establish the fair market values of the properties
which cannot be less than the appraisal amount established by Council
resolution. The authority to initiate eminent domain proceedings cannot be
initiated until a good faith effort has been made to successfully negotiate the
acquisition of the property. This requires a separate Council resolution.
DISCUSSION
On February 4, 2002, the City of Dubuque entered into a project agreement with
the Iowa Department of Transportation to improve traffic flow along the US 20
Corridor by realigning University Avenue from approximately Ethel Street and
connecting it to US 20 at the entrance to Theisen's.
RECOMMENDATION
I recommend that the City Council establish the fair market value of these
acquisitions for right-of-way purchases as follows:
Lot 2-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and part of Lot
1 of Correction Plat of Mineral Lot 248 (Parcel 1)
Lot 1-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and Part of Lot
1 of Correction Plat of Mineral Lot 248 (Parcel 2)
Lot 2 Newman Place (Parcel 3)
Values taken from Felderman Appraisals and the Appraisal Review Report by
Graham Land Acquisition Associates indicate that the fair market value for the
above properties is estimated to be $138,500.
BUDGET IMPACT
This is a STP project which is funded with 80% of federal aid funds and 20% of
City of Dubuque funds.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution establishing the
fair market values of the above properties needed as right-of-way for the
realignment of University Avenue from Ethel Street to US 20 at the entrance to
Theisen's.
,
RESOLUTION NO.
100-04
ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY OWNED BY ELM REAL ESTATE, LC IN THE
CITY OF DUBUQUE, IOWA
Whereas, certain real property owned by Elm Real Estate, LC, legally
described as follows:
Lot 2-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and part of Lot
1 of Correction Plat of Mineral Lot 248 (Parcel 1)
Lot 1-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and Part of Lot
1 of Correction Plat of Mineral Lot 248 (Parcel 2)
Lot 2 Newman Place (Parcel 3)
as shown on Attachment A; and,
Whereas, Iowa law requires the City to make a good faith effort to
negotiate with the owner to purchase the property interests before proceeding
with condemnation; and,
Whereas, the City may not make an offer to purchase the property which
is less than fair market value that the City has established for the property; and,
Whereas, the City has caused an appraisal of the property to be made
and the appraised value of the property is $138,500; and,
Whereas, the City Council now desires to establish the fair market value
of the property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. That the fair market value of the three properties herein above is
established to be $138,500.
Section 2. The City Manager and Corporation Counsel are hereby authorized
to commence negotiations with the owner of the property and any interested parties in
the purchase of the property for a purchase price that is not less than the fair market
value established by this resolution.
Passed, adopted and approved this 15th day of March, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PLAT MAP
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