US 20, University, Newman prope
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MEMORANDUM
April 28, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Establishing Fair Market Value of Property to be Acquired for the
Realignment of University Avenue to US 20
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.
The City has been unable to reach an agreement for purchase of the property owned by
James Newman. Assistant City Engineer Gus Psihoyos is recommending that the City
establish the fair market value of the property at $67,000, as appraised by Felderman
Appraisals and Graham Land Acquisition Associates.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(l11J1 ~ ;~
Miéhael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
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MEMORANDUM
April 26, 2004
TO:
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Assistant City Engineer ;t:5Q
Establishing Fair Market Value of Property to be Acquired for the
Realignment of University Avenue to US 20
SUBJECT:
INTRODUCTION
The enclosed resolution establishes the fair market value on University Avenue
currently owned by James E. Newman and shown on the attached exhibit which
will need to be acquired for the realignment of University Avenue.
The first step in the process of acquiring property by condemnation if necessary
is for the City to have an appraisal performed on the property.
The City Council must then establish the fair market values of the property, which
cannot be less than the appraisal value. 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.
We have been unable to reach an agreement with the owner for the purchase of
the property and it may be necessary to acquire the property by condemnation.
RECOMMENDATION
I recommend that the City Council establish the fair market value of the property
legally described as Lot 1 of Newman Place in the City of Dubuque, Dubuque
County, Iowa.
The appraisal by Felderman Appraisals and the Appraisal Review Report by
Graham Land Acquisition Associates indicate that the fair market value for the
property is $67,000.
BUDGET IMPACT
This is a STP project which is funded by 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 value of the James E. Newman property needed for right-of-way for
the realignment of University Avenue from Ethel Street to US 20 at the entrance
to Theisen's.
RESOLUTION NO.
ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY OWNED BY JAMES E. NEWMAN IN THE CITY
OF DUBUQUE, IOWA FOR THE UNIVERSITY AVENUE EXTENSION
PROJECT
Whereas, the City of Dubuque (City) intends to acquire certain real
property owned by James E. Newman (Owner) legally described as follows the
Property:
lot 1 of Newman Place in the City of Dubuque, Dubuque County, Iowa
as shown on Attachment A for the University Avenue Extension Project (the
Project):
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 acquisition of property by condemnation; and,
Whereas, the City may not make an offer to purchase the Property which
is less than the 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 $67,000; 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.
$67,000.
That the fair market value of the Property is established to be
Section 2. The City Manager and Corporation Counsel are hereby authorized
to commence negotiations with the Owner of the Property and any other 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 - day of
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
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ATTACHMENT A
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PREPARED BY,
UW ENOJNEERS " SURVEYORS P.C,
PLAT OF SURVEY
NEWMAN PLACE, DUBUQUE, IOWA
LEGEND
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LOT 2-1-2
ML-237 AND
LOT 2 ML-238
DESCRIPTION
LOT 1 OF LOT 1 OF THE SUBDIVISION
OF LOT 2 OF MINERAL LOT 237 AND
LOT 2 OF MINERAL LOT 238,
IN THE CITY OF DUBUQUE, IOWA.
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BEARINGS AND DISTANCES SHOWN ALONG PLAT BOUNDARY ARE FROM PLAT OF SURVEY
RECORDED AT INST. NO. 3641-86 AND AGREE WITH ACTUAL MEASUREMENTS,
SURVEYED FOR: EUNICE NEWMAN
SURVEYED: 7-27-00
PROPRIETOR: JAMES E. NEWMAN
, ""ESY CEO"'" ,"AT '"" CAND SUR"'"HO DOCUNENT WAS PREP^"",
AND '"' RECAlED SU""" WORK WAS ""'OR"ED 'Y NE DR UHD" NY
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DRAWN SAF P>.AT NO. "'-lA-DO
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~AGE 01
:May 3, 2004
Mr. James Newman
2792 UniVffl'Sity Avenue
Dubuque. Iowa 52001
TO; City of Dubuque
50 West 13'" St.
Dubuque, Iowa
STATEMENT TO BE READ AT COUNCIL MEETING
,// Dear City Council Members:
I am the ovmer, in fee simple, of my borne, to be "acquired" for the realignment of University, for
healili reasons, I am wahle to attend your meeting.
I received notice of your meeting This Friday 30, April 2004 over the weekend ,COpy HERE have
been wahle as yet, to fInd representation - as 1 liSSurne you mean a condemnation ( II takiug). I
would like to point out that I need proper notice and here assert my çonstitutional right to be heard
in District Court. .
This is your "notice~ that such a Government action is a creature of statute, and I intend that you
abide by it's procedure. ParticUlarly, that your "establishment offair market value" was done, not
in accordan.ce 'wifu appraisal standards required, and it's amount, on it's face, is an insult..
Sinceyow "appraiser" did not inspect, or observe the inside of the home in person. Nor was any
wmparable property used in West Dubuque of any relevance. I will hold you to proper procedures
in this matter, and here chanen~etothis acquisition as not necessary, or ser..ingthepublicpurpose.
~
See, Iowa Code Annotated 6B.18
PAGE 02
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Mr, James Newman i
2792 University Avenue I :
Dubuque. IA 52002 ! ¡ i
RE: Establishing Fair Market Varue of Pr~perty to be ÄCqJ¡red for the
Realignment of University Avenue to ¡US 20 : ¡
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Enclosed please find a copy of the City's Manager reCQml'þendation to the City
Council on the above referenced projects. ¡ ; ¡ .
This item wm berecOmli1~nded to t~e C¡ty¡CoUn~jl f?r f'c~P!ance On Monday,
May 3, 2004, at 6:30 p.m. In the PublIc LibrarY AudItorium. ¡
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If you have any questions, please give me a ;can. i! I
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I Sincerely! ¡ :
~~\+P1~!:
! Gus PSih6yo.;
II Assistant þiti ~ngineer
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APril ~~, 2004
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Des! Mr. Newman:
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