Property Acquistion_2349 and 2350 Elm StreetMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
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SUBJECT: Commercial Property Purchase for the Bee Branch Restoration project
2349 and 2350 Elm Street (CIP #7201654)
DATE: March 1, 2011
City Engineer Gus Psihoyos recommends City Council approval to purchase a
commercial property from Jerry A. Spiegelhalter located at 2349 and 2350 Elm Street
for $57,500 and $27,500, respectively, both at their respective appraised values. This
purchase is part of the acquisition program associated with the Bee Branch Creek
Restoration Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Micriael C. Van Milligen
Masterpiece on the Mississippi
Dubuque
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TO: Michael Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Commercial Property Purchase for the Bee Branch Restoration Project
2349 & 2350 Elm Street (CIP #7201654)
DATE: February 23, 2011
INTRODUCTION
The purpose of this memorandum is to request City Council approval to purchase a
commercial property required for the Bee Branch Creek Restoration Project at 2349 &
2350 Elm Street owned by Jerry A Spiegelhalter.
BACKGROUND
In December of 2001, the City Council formally adopted the Drainage Basin Master Plan
(DBMP) prepared by HDR Engineering (Omaha, Nebraska). Based on the study,
approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of
flood damage.
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.
On May 3, 2010, the City Council passed Resolution 138 -10 establishing the fair market
value of 2349 Elm Street at the appraised value of $57,500.00 and authorizing the City
Manager to commence negotiations to acquire the property.
On May 3, 2010, the City Council passed Resolution 137 -10 establishing the fair market
value of 2350 Elm Street at the appraised value of $27,500.00 and authorizing the City
Manager to commence negotiations to acquire the property.
DISCUSSION
The owner of the property, Jerry A Spiegelhalter, has accepted an offer for purchase of
2349 and 2350 Elm Street for $57,500.00 and $27,500.00 respectively, both at their
respective appraised values. See attached Exhibit A.
RECOMMENDATION
I recommend that the City purchase 2349 Elm Street for $57,500.00 and 2350 Elm
Street for $27,500.00, for a total cost of $85,000.00.
BUDGET IMPACT
The purchase will be funded from the FY2009 appropriation of $3,902,395 for property
acquisitions for the Bee Branch Creek Restoration Project (CIP 7201654).
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing the purchase of the
property owned by Jerry A Spiegelhalter at 2349 and 2350 Elm Street legally described
as Lot 2 -1 -2 -1 -106 L.H. Langworthy's Add. and Lot 1 -2 -106 L.H. Langworthy's Add., all
in the City of Dubuque, Dubuque County, Iowa.
Prepared by Deron Muehring, Civil Engineer II
cc: Jenny Larson, Budget Director
RESOLUTION NO. 71 -11
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED
BY JERRY A. SPIEGELHALTER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties
located in the area of the Bee Branch Creek Restoration Project for stormwater
mitigation activities as recommended in the 2001 "Drainage Basin Master Plan;"
and
Whereas, a purchase agreement has been finalized with the owner of the
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of
the following legally described property:
Lot 2 -1 -2 -1 -106 L.H. Langworthy's Add. and Lot 1 -2 -106 L.H.
Langworthy's Add., in the City of Dubuque, Dubuque County, Iowa
At the cost of Eighty Five Thousand and 00/100 Dollars ($85,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to
accept a Quit Claim deed from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause said Quit Claim Deed to be recorded in the office of the Dubuque
County Recorder, together with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a
copy of this Resolution to the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this 7th day of ; March , 2011.
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At
eanne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
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Exhibit A
Bee Branch Creek Restoration Project Property Acquisition
Address:
2349 & 2350 Elm Street
Legal Description: Lot 2 -1 -2 -1 -106 L H Langworthy's Add &
Lot 1 -2 -106 L H Langworthy's Add