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University Ext Newman FMV D~~~E ~cIÑ-~ MEMORANDUM B May 11, 2004 ,,:;; -< 1"" ,~~ FROM: Michael C. Van Milligen, City Manager '",' >.~; (6 \.0 TO: The Honorable Mayor and City Council Members ",,' 'J::> 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. The City Council tabled this issue at the May 3, 2004 meeting for further information. Assistant City Engineer Gus Psihoyos has provided that information. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~J~ l(~ ¡o/V Miéhael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer D~ ~cIÑ-~ MEMORANDUM May 11, 2004 TO: FROM: Michael C. Van Milligen, City Manager () r> Gus Psihoyos, Assistant City Engineer yJ ~ SUBJECT: Establishing Fair Market Value of Property to be Acquired for the Realignment of University Avenue to US 20 (James Newman) BACKGROUND 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 attempting to purchase the property of James E. Newman at 2792 University Avenue. The property is considered a commercial site (C-3) with current residential/business use by Mr. Newman's mother, Eunice Newman. Since the City has not reached an agreement with the owner, the first step in the process of acquiring property is for the City to have an appraisal performed on the property. At the May 3, 2004 Council meeting, the Engineering Division requested the consideration and the approval of the City Council to establish a fair market value of $67,000 to the 2792 University Avenue property. Ms. Eunice Newman addressed the Council about the process of acquiring the mentioned property. The City Council received and filed the communication and referred the matter to the City Manager. DISCUSSION Based on City Engineering's contact with Felderman Appraisals and Graham Land Acquisition Associates (note attachment), the following information is provided: Condemnation (A Taking): It appears that the Newmans may have interpreted that the Establishment of Fair Market Value was the same as Eminent Domain (condemnation) proceedings. The Newmans cited the Iowa Code Section 6B.18 that pertains to the Notice of Appraisement - Appeal of Award - Notice of Appeal of the condemnation process. The May 3, 2004 City Council meeting was to seek City Council approval on the establishment of the fair market value and to authorize the commencement of the acquisition/negotiation phase of the property owned by James E. Newman. Condemnation proceedings will only take place if the City and the Newmans cannot achieve a mutual agreement and negotiations reach an impasse. Fair Market Value of $67,000: Felderman Appraisals originally observed the interior of the subject property on June 7, 2000 with both Eunice and James Newman present. The appraisal for the University Avenue Extension Project was ordered on October, 2003, and all attempts to gain interior access and/or to provide information have been denied by the occupant, Eunice Newman. After several attempts to gain access, the appraiser was authorized to continue with an exterior only observation, which took place on February 18, 2004 and March 14,2004. Based on these factors, Felderman Appraisals had to rely on the June 7, 2000 interior inspection, available public records, and inspection of the exterior from the adjacent right-of-way and property. Since this property has a unique combination with commercial and residential value, the appraisal process considered both the cost and sales comparisons. It was determined that the property's greatest value was that of a residential property. Therefore, the proposed fair market value of the property was determined by evaluating six comparative properties in Dubuque (versus the Newman reference of West Dubuque). Adjustments were considered for date of sale, condition and quality, land, location, functional utility, building size, heating/cooling, garages, and appliances. As a result, both Felderman Appraisals and Graham Land Acquisition Associates recommend the valuation of $67,000. 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. cc: James E. Newman, 2792 University Avenue, Dubuque, IA 52001 James E. Graham, Graham Land Acquisition Associates Bob Felderman, Felderman Appraisals Jon Estrem, Howard R. Green Company Roger Walton, Iowa Department of Transportation David Ness, PE RESOLUTION NO. 222-04 . .' 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: 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. be $67,000. That the fair market value of the Property is established to 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 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk May 10, 2004 city of Dubuque, Iowa Attn::Mr. Gus Psilioyos, Assistant City Engineer Engineering Division, City Hall SO West 13th Street Dubuque, IA 52001-4864 RE: City of Dubuque, Iowa University Avenue Extension STPcU-2100(623)- 70-31 Parcell, James E. Newman May 3, 2004 letter to City Council from James Newman Dear:Mr. Psilioyos: This -letter: is. in response to MS-; G:i:iJny Dougherty's request for a prompt revrew and writtèn ,,;' . commèntsdá,ted Friday, May 7, 2004 and pertafus to the above referenced 1etter,tothe-C¡tyCòuncil -,. Members. " It would appearthat:Mr. James Newman, and possibly MS. Eunice Newman,misinterpteted theMay 3, 2004 Council Meeting for.the Establishment of Fair Market Value for the property owned by James E. Newman, as being the Eminent Domain proceeding. This misinttrpretatioiris evidenced by Mr. Newman's reference to the "See, Iowa Code Annotated 6B.18" atthè Dottomofhis May 3, 2004letterwhichMS. Newmanrèad at the City CoUD,<;i1Meeting. Iowa Code Seëtion:6B.18 pertains to the Notice of appraisement _c ,appeal ofawaxd _cDDtice ofappeaL This,is not a:oondeìDnation'. proceeding. The May 3, 2004 City Council Meeting was to have been the approval by the City Council of the establishment of ,the.fair market value 'and to authorize the COOIniencement of the,. . acquisition/negotiation phase of the property OWllèd by:Mr. James E. Newman. it is Ó1,Il' understanding that numerous attempts to locate Mr. James E. NeWman' were made; 'This, includes contacting Ms. Eunice Newman, James'mother, for an address and/or.telephone.number to make, a contact with :Mr. James E. Newman. MS. Newman has not provided. an ,addressor telephonenwnberwhereJ\.1r. James E. Newman is physicallylocated. . Since then',. Ms..Newman has illfoI1nedthe Relocatinn Assistance Agent that any mailings to Mr. JamesE. NewiniI.n should be sent to the address on University Avenue. It is also our understanding, several attempts were made by the appraiser, Mr. Felderman, to.contact MS. Newma1l and/or:Mr. James E. Newman, for permission to inspect thè property mcluding the opportunity' to inspect and observe the inside of the home. MS. Newman did not allow Mr. Felderman access to the structure located on thepropèrty. Ms. Newman has possession and. control of the property and she could authorize inspection of the property and any structure. :Mr. Felderman had the benefit of a previous inspection of the property since he appraised the property for the 1715 South G Avenue. Nevada, Iowa 50201 . Telephone: 515-382-1698 . WaíS: 800-353-8974 . Fax: 515-382-2778 e-mail: graharnland@glaa,com . Web Site: www.glaa.com -.-. ..-- ""--.'."'.---.--"-"-----""".--""'---'---'-"-"'-"'" ._-----_._-~--..--..- .--- --. ---..---.... :Mr. Gus Psilioyos Page 2 of2 May 10, 2004 Newmans previously. It is our understanding th¡¡t Mr. Fe1dennan utilized the structure information from the previous appmisal, since he was not allowed to inspect the structure in his later attempts for this appraisal. I am sure that if:Mr. Felderman would now be allowed to inspect the structure, he would make any adjustments to his appraisal if there is a reason for an adjustment. I questionhow:Mr. James E. Newman has knowledge of the amount of the establishment of the fair market value and that no cornparab1e property was used in West Dubuque of any relevance in the appraisal. To my knowledge, there has been no dissemination of the appraisal's estimate of just compensation to Mr. James E. Newman, nor to MS. Eunice Newman, for him to consider the amount an insult. Sincerely, /~Ç¿k!~Zn é ÆaA ØUf Right of Way Director JEG/gma c: Mr. Barry Lindahl, Corporation Counsel :Mr. Jon Estrem, Howard R Green Company -------- --- ?AGE en :May 3,2004 < Mr. James Newman 2792 UniVffl'Sity Avenue Dubuque, Iowa 52001 TO; City ofDubuque 50 West 13Q, 81. Dubuque, Iowa STATEMENT TO BE READ AT COUNCIL MEETJNG / Dear City Council Members: / I am the owner, in fee simple, of my borne, to be "acquired" for the r».,.alignment of University, for health reasons, I am unable to attend your meeting. I received notice of your meeting This Friday 30, Apri12004 O\.erthe weekend ,COpy HERE have been unable lIS yet, to find represenùrtion - as I assume you mean a condemnation ( a ta.ki~g). I would like to point out that I need proper ¡¡¡Aiee and here assert my (;onstitutional 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 of fair market value" was done, not in accordance with appraisal s+..and2Ids required, and it's amount, on it's face, is an insult.. Since your "appraiser" did not inspect. or observe the inside a/the home in person. Nor was any comparable property used in WeST Dubuque of any rdevance. I win hold you to proper procedures in fhis matter, and here chaIJen!(!e to this acquisi'lion asnotneçessary, or ser.'ingthe publicpwpose. ~ ~ See, Iowa Code Annotated 6B.18 PAGE 02 'I~,~ f:1.! ¡,,¿,... ;--3Q t,\-, , ,. ,"X" ;,.,' ~" \i"",'ri"~ Olv¡s¡,," <':Hy Hall "ç W...¡ DthStrNI Dvbuqu., L'I. 52W1-4ð&4 (0f,5) 589-4270 "lIire (!;(>~) 589, 4205 (,.. DDiii§~ ~~-~ i ! I i APril b, 2004 : j: ¡. J Enc, '1 i I Mr. James Newman ì 2792 University Avenue I Dubuque, IA 52002 i 'i ' RE: EstablishIng Fair Market Value of PrJperty to be ACQJired for the Realignment of University Avenue to US 20 ¡ ¡ ! J I Ii, I ! Enclosed please find a copy of the City's Manager recQmrPendation to the City Council on the above referenced projects. ¡ ; ! This item will be reComrh:,nded to t~e ?,jty I Coun~iI f?r ¡:¡ccþptanoe on Monday, May 3, 2004, at 6:30 p.m. 111 the Public LlbralY Aud¡torfU~. i ¡I! If you have any questions, please give me a ;ean. I j J ¡ Sincerelyj i ' i ~ \1Ju'\+'1~i: Gus PSjh;¡'yO~ i Assistantléit~ ~ngineer 1 I: ii' II I i 1 ¡ I: ¡ ¡ I 11 ~ t' ;7 Dear Mr. Newman: ;> 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 Attest: Jeanne F. Schneider, CMC, City Clerk PLAT - 6,195 SQUARE FEET Lf:GE~Q '~" ,. ,""'NCC"', ,', S'",,""'" ." ".i~Y3,~:~?YE'i~;¡i';~;;s,~!~,lV \ PLAT OF SURVEY I NEWMAN PLACE, DUBUQUE, IOWA c: ", 5/" 'õ-E" "" """ C>F ,<C. ',30' ONLE" ',OCO: . >GO,,""'.""'"' -~,""C""'~ '----""".0'-"""'"' 'COOeD ",.,,;:~~~ 0.0;:.4'" "," ,~~?:,,~,~ '" ~" 'ò"'~~' "',.p§, ",,'1""'- // ô !'~~: .;~~:~. :::.~: ~;;'~ ~~:~ "5E;:;',',., i ~.~~""';' "5" "'.5" "50' "".,.'~ ,}"., U' ,,6< I Ls04'27'34"W '.0.43' """' ".'He "'" '"oem 5"",,, 0' , S'ARiNOS RECORDED SURVEY S,,""ED FCR EV:1CE NE"".," 9/R'."'0 7-21-00 PROPROO.' , JAMES' NEWMAN om ~~~~~~t1fP;~è' _è,,', h",.. w,-~.,' o~::;;~;~~';"i:~;' , /' :/ ATTACHMENT A Kdt\ ll- -ïb.k, ~ 9509-00 ZOOUAUG 16 AHI1:l¡6 KATHY F.LYNN THURLOW '" if) C()UNTY RECORDER ..t \Y' DUBUQUE CO..IOVIA FEES f DUBUQUE. IOWA, (319) 556-2464 --- 9509:":00 PREPARED BY, IIW ENGiNEERS" SURVEYDRS P.C. 4155 PENNSYLVAN'A AVE. PLAT OF SURVEY NEWMAN PLACE, DUBUQUE, IOWA LEGEND . FOUND MONUMENT 0 ~¡~ %a',~;~::,~~ ~~i;c - PLAT aOUNOARY - - - - RIGHT-OF-WAY LINE (0.00) RECORD INFORMATION , ,~ ,:~~ ",,1 ,--¡'" '1>'). ~ iV, Q ,'ò'ò:'ó'" h"'" ,'ó Þ Q ~P..,c;.~ ,'ò'ò- \,. Q 'ò"" Q ~_->.~ ~ ,,-t-o v dP~ cj."" "<. ,,' 't ~-t-'?'. '5"'~ Ci",t>-~ ð'ÿ \:)~ 'ó"). 'ò" . O~' '"-> ~. r- ~ ').'ó. dc" '6' ~ ~ ,,~,,~ o. ~ ').":J'ò o~ 0<'" '). v o<"'ø'i-" o~ v~~ "","'1. o~ <""¿,'i-,,o<'" ð ~<:;) :\ ~ :I I" ,,0 ').":J ~ o~ ,,0<'" 0<'" fy,?-'i-" v~~ LOT 2 58.600 SQ. FT. co /:J $' ð- LOT 2-1-2 ML-237 AND LOT 2 ML-238 .! f.... 5] 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. CURVE DELTA RADIUS LENGTH CHORD BEAR'NG C-' """00' 606.0B' 132.40' 132.14' N55'OB'13"E C-2 05'20"6" 606.0B' 56.52' 56.50' N46'2'25"£ 50 100 , SCALE IN FEET 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 "",""~'o'w'~""""" l\",':;~~";:"'.~f\ ~~~;;~~J i HEREBY GER"'" ,"AT TH>S lAND ,"R"'"IIC DOCUIIENT WAS P""'AREO AND ,"E RECA"" '"""" ""'" WAS PEN'ORII'" 9' "" 0' IINDER "' ',"ECT P,"",II",,- ,"P"""OIl AIIC ,"AT i '" A DII" UGENS" CAND SU"""" UNDER THE CAWS '" '"E STATE D' 'OW4. IIWJI IIW ENGINEERS & 111&8 SURVEYORS, me. lowo. Imoolo, WI"ooo~ "55 POOOO"=O'O A_, D"b"O"O. iA 52DD2 "'.556.2464 G"ttoob~9. IA "HO'O' G,..n. WI lICENSE NO, ,,"" t.ftS'T' 2. ZØ:::> 'ATE "' UCENSE RENEW""- "TE os '2/N"" DRA"'" 5AF PLAT No. 9>-IA-OO CHECKED ""T PROJ. NO. OD797 DAT< 7-27-00 SHEET' 0' 3 0, \OO\707\OO707\OWO\OO797 -C 1 PACES OR SHOE'" co'""'" " ,"OS SEAC D~~~E ~cIÑ-~ 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. (l11Jl ~ ~ MiChael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer 5' "J C» Þfi? ;;; à) a \.ù D~ ~cIÑ-~ MEMORANDUM April 26, 2004 TO: FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer ;t:1Q SUBJECT: Establishing Fair Market Value of Property to be Acquired for the Realignment of University Avenue to US 20 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. , a ~ ~. . ;.;të::-.... :z.. L r-ø ' J f;dh or" d/., ,M,4'f trR P"<.57 "-h- May 14, 2004 Dear City Couhcil Members I refer to a letter ftom Míchael Van Milligen. copy here, where he is recommending establishment of market value of my property. Mr. Van Mi1ligen clearly recommends adoption of City Engineer Gus Psihoyos "explanations" as t1Je jùrther irifòrmation. needed to base your decision. I recogníze that this is not a condemnation or proper notice for a condemnation, but since waiver is possible with silence. I wanted to be sure. I would proffer in the strongest terms, the folloVl'Î11g. 1.) I have never spoken to, or had contact with any representative of the city regarding any purchase agreemeutor offerto purchase my property - as wrongly referenced in the attached letter. Nor has my mother Eunice Newman, in reference to any purobase negotiations... whatsoever. 2.) I have in my file, done by 4 disinteresied third p4Tty bank a thirty page appraisal Done bv Mr. Felderman himself in the vear 2000. (available fot your inspection) on this S4m£ property, for $72.000 excerpts here!. 3.) To risk understatement,propøty value ilt Dubuque /u1s lWt gOlI£ tknvn in value in these four years, but has risen 6 % on average since the great depression. You Imow further, that a property three blQCfcs form Kennedy Mall, is worth more that $67,000. ...Thus, my insult reference. ""'I"--- 4.) The property is C3 commercial, and has boon for over forty years, as (copy here )from your own zoning dept. To value now at a "single family residence" is incorrect, and wiJI not stand. My Blue Cross broker office does business today at that location. and my clients are in contact with me regularly. WHY 'THIS LETTER ? With due respect to Mr. Van Mílligen, he is being mislead, and being provided with false information. Since I do not understand the need fOf such a misplaced market value in the first place. I would request that Mr. BaIT)' LindabJ æviewthis letter, (and it's implications) and your council table your motion W'liil the proper information is before you. Enclosures D~ ~~¥~ MEMORANDUM May 11, 2004 / / .N .-"'.. TO: -' FROM: The Honorable Mayor and City Council Members Michae! C. Van Milligan, City Manager SUBJECT: E$tablishing 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 Psìhoyos is recommending that the City estab jsh the fair market value of the property at $67,000, as appraised by Felderman Appraisals and Graham Land Acquisition Associates. The Cìty Council tabled this issue at the May 3, 2004 meeting for further information. Assistant City Engineer Gus Psihoyos has provided that information. . I concur with the recommendation and respectfully request Mayor and City Council approval. ~vC£~1~ MCVM/jh Attachment ec: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos. Assistant City Engineer J~l 07 00 09:35a 319-589-4221 319-589-4221 1".2 Planning Services Depàrtment 50 West 13th Street Dubuque, lowa 52001-4864 Phone (319) 589-4210 Fax (319) 5894149 D~ . ~.,k¿~ July 7,2000 Ms. Eunice Newman 2792-2794 University Dubuque IA 52001 SUBJECT: Zoning Status of property at 2792-2794 University Dear Ms. Newman: The property at 2792-2794 University is zoned C-3General Commercial Distfict (Section 3-3.3 of the City of Dubuque Zoning Ordinance). There is currently a residential structure and a commercial structure on the same jot on this property. Current zoning regulations would not permit a residence and commercial structure on a "single lot. However, these structures were built prior to this requirement and therefore are deemed legally non-conforming structures. This means they are "grandfathered." Legal non-conforming status means that the business and residence can continue to operate as configur~d but cannot be expanded. and, if demolished, could not be replaced. If the property is replatted so as to meet city lot standards {€ì0 feet of frontage and 6,000 square feet of area) the portion of the replatted property that does not have the house on it could be developed commercially. Any of the uses permitted in a C-3 district would be allowed on this lot. Site plan approval is necessary prior to all commercial redevelopment. If you have any questions regarding this, please contact me at 589-4210. ~;:: ~ Guy Hemenway Assistant Planner GH/mkr cc: Doc Johnston, Johnston Auction Service, 2115 John f. Kennedy Road ""n,;,. "~nID O_M._;h:Hk. ! I , , I --- ..-~- r ...--..---- .__._-~.. Newman UNIFORM RESIDENTIAL APPRAISAL REPORT FIlINo. 2792Univ-rt fSllMATEDSITEVALUE ......,......................................:= $___~9 commenisonCOBIAPproath(suchas,sourceofcoslestimab¡,Sl!evaIu" ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS; square foot calculation and for HUD, VA and FmHA, the estimated remaining Dwemng__.1,904 Sq.Ft. @$ .-if,~?- = $_.,,~Q.12 ,conomicl~eo!theprlJ1'OllY); See ~ed adde~~u,m, .. --.-.1 ,9°4 Sq. Ft. @$ ~O.-.5L = n_~,9.9.h" ,__..._n""--""" __...,n-- -" ,-- f"~ .-,...---,...--- -,...-'-'."."-' ,- .."..--,--,.. ----, , ...---........- .1ft. Gamge/C!UþOIT ~.... Sq, Fl @$,-, = -_.- TotalEstimaledCOslNew... .......................= $__--1QhI1.o1 Less Physical. Functional Ei<\e!nal Depreciation ---.?Q.~. ..--L,-. =$_...§.O 504 DeprecialedValueoflmprovemenls , ............... ,"'" =$_...._.50503 'As-ls"VaJlle tJfSlte Improvements ...",............................. =$_....~09. INDICATEDVALijEBYCOSTAPPROACH ........................". =$ 80.503 ....--.Jill1_. .. _,~~BJECT -. _Ç9~ARASlE NO, '.. .., COMPARAB~!, NO, 2 ...---9QMPbllAB,\-E NO, 3 2792 University Aveoue 1195 Rush Street 795 Lowell Street '280 Curti$ Street M<1!!':~s- PubUQ~,L."_,-_-""",,,_'py~....,-,..,- Dubugue ,- Dubyq~_..,.....,.__. .!'loxlm.l\\!.Jtll!Þj"'iI_{~':.-:::.:!'./""""~'~IOOk~""::-I$ ..- 15!..~J~P~...- .19:'::9!'!~!.<' a'---"..--- ::.~:~:;l~iml~~: ~~~,. nI~ t'ii.i '~~:;~.iþr'j't:,~~;,~~,~,: .~"'(;1"!.~~.~~ ~7:~~Y~Q ~~~~.~:, ~:!7~IT=; Verilicalion SmJrC8 Public Record Public Record Public Record ~ð1\!E.ðQ!"uSrMENTSu._~'D~S,?!JI~W~~_..,DEscriîPTìo~ ¡ +1~i$Adlllst- ciE~r+(-)IMìU'k _-:'DESCRIPTlC~_.u¡-+(-¡"Adì;-;¡,. Sates or Frnanclng :',..',,',',,:;":::;".:'.; FHA: Cony : ConY : conces..,icns__. :~~.:,' :';~'~i.:~_i 64da s.,Q~.", 54!'i~Y"..comkl :-.-- 161day~_onmkt ¡ CateofSaI!!£!imL ',,'.}:.,,':, : "",':,; :,: 811711999: 911/1999: 12127/'999: L~~L-_,- d'" Urb~n!i'<'yg- y'rb~~ïAVgG~cç!_T" -10,l1gQ, ü"rb"nlAV9,.... T~ ï.¡;b~~IAVg~~>I, i-, '.::"ö:Öotl I,gftSeho\(\lfe.~in)pltl .f!,.e.~.. feeSimp!!... ¡ -- FeeSimle i - u'- Fee5im I!......-i- SItP, ..,-_...." - ,112aore.., - 42§Ç.._:_.c.- +10000 ..1.9,O_00 - - !...- +5000 7I§0.,'-, : +7&,09. yiow.-, ....--, Re5,..2~r¡\l!l ~si.ç!eoilal ~. - ~.e~deoilal ResJ~e~.iìi!L...-...i--...- lli§JonzndhÞÞ!ißl~ BYOQalow -... 1.55to ..,_..-J..-....... 1.5sto!y"......, !1-'!!e~..: .-' ...---- Uu~' '.pICo.II§!rJ!9JÎ2!LI't1-,,50niteIAv9..- Vin lAve - i ..;9,POO Cono~Þ!f\yg - ¡.". Wood/AVL__.....!.. Ag~_- - 110+t...u.. 1:211... L....,-. 110- ...-. 81... .....~_..- condiU,,!,---..., ,~~ tobj f>,yera e ,ðYeIi!g!L....-._L .,- Aver~ge Good: .-5,0_Q.0 Avera e -"'" ,j .--- Abov.Grade Io.toIJSdrmsl.J..aths. Tol~:Bdlms:_Bati;:J .TolaliSdrmsl Baths.: ~I&i\l.dll)1~i Baths..j Room Count 8i 5_..:..1 5: -;!,,!-1....J +6,OCO 6: 3 : 1. j +4,000 8_i_..5.L.z......J GrossL!!ingAr~L-.,..,.,_1,904So.Ft. ."- 1,175So.Ft.j ..'- +7290 -.,....1,R6_&0,fl! +5,?!!9, ,....,_1.589Sa.FI.! Basem.nt & Flnlsh6d , ,904 partial : full : partial : Rooms aolow Grade kitohen . unfinished: unfinished: unfinished' fy!t':.!io;~Í!.t¡ùiY~ F.~~/Å~ I~~;~Qe ..,. "."-5000 Aver~g~..--' --I .5&99 :Av,~Ja.~~-" -5.Q.Q.Q .1i~i!L'1IiCooIiD9 ,.'. GFNno"cf. GFNu,.n.i.! ...-2QQ.. .New GFAlCA ' -:¡ 000 GFAlC~..". ..._..L~g. ~.!!M!lI'.£ff~.ientll~m.L- nI~. ....._~.nLi!..: fila' ,.!!f.!r-, , ...----1--- Aat!'!lejC.~P.Ql.!_- n..one .oone ' ~9.~t!'Ched :9ß9.Q. 1 at! : ,..-:~,Q,90, Porch, Patio, Deck, ole Peck,porCh: -3,000 Patio -500 Deck,porch -3,000 Fire I"".(s), f!!",---,- _ole - ~Ia.. ' n/" nla _.....,."" _..~ FonDe Pool otc. n/a nla 01" nla -.. ,..... .,.-- ~t !~~~~--'" '~,'..,~.~':,,:,,:::".:'.?iI.';~,~,7.;--,~,::..;,~t.<'.',:,:~-k,:wwa,,-'.JE1.2.._9,.!'i.~.¡,,~.~ :D,~,:~:,~.ef,...,,;,,1~.2,.'.~.;~~):i~~ .f~L\:~~1!: 14,359 otComara!>1e ,';":' ,.,'.-v.,.:"..,:Gle""74.0,¡¡J$ 63590!',le&s!~/.8% 69280..','G!OSS;:\U,1:% 74659- Comments on Sales Compurison ûnclodinQ the subject properlj's ~mpalibili\y to the ~or""od, etc.): See a!\!!"h~~J!ddeodurn .,-_." ---...-----"'-..-. .--"..---..,.,.".- ...--."....--- --.-...- J I 'i -2,000 +3L1§.Ç -........---'-'.. .",-,..-.,..,.......", --..-. ...---...,,-- ,.,--..". -...- .-.---.", 'Š.ÜBJECT .,...- -'.."-COMPARA.B.!:.E.~~.1 C_~Mf~SLE NO, r. --~C!.~~~f!l.~ N,Q,!.--..... n/a . ,..,. IT¡;M ., ". Dale, Price and Data Source, for prlOrsa!es \!i~hI.p'yoarof apm!,!sal, ... Public Reco[~.... .MLS. Publio Recc!~, ,-' MLS PY :¡iic..8!!2ord ML?"Publlç.8~'i..ord Ana!ysk of ato/ cumrnl agreement of sale, option, 01 listing of subject property and analysis of ~ prior sates of subject and comp"'ables wllll!n one year of the dale of appraisal: .~~e ~.tt.i!ched add~I!~YD1 ....._._-~- INDICATE[ivÄLÚËBY SALESCOMPÃÌ!ÍSON APPROACH ...., .:~:..:.., ,......, ....,.. ,.' ............................,.....' ...... ,:::~::.....:.~::::-'~~~ INDICATEDVALUEBVINCOMEAPPROACH H IIcable Eslimated Market Rent nla 0, x GrOBSRenlMu~i iÌ8f MIa . This appraislllis made .". 'as~' ~ subject to the repairs, ai\1¡rationG, IIIspectlons or conditions listed below , ,. subject to complelion per plans 8. specnlcatlons, Condlllnns 01 Appra:sal: _I!:!~. ~a!.ue in thi5 rePort is $.Yþj~ctto split and surveY.!1!,p.æpertv. ¡mprovements_t9..9y.eIi\]!. avera¡¡e cooditio~- J1:I.~~,~g all CilV Hou~iryg. and Buìlding.Ç.9d.e~.(oermìts and In$p~l~n!?). See attached adde.ry,~W!l. --. ., .......",. Final Reconciliation: THE VALUE IN TH,I§ REPORT 15 BA§EP. ON SEVERAL EXWf.QROINAR'? ASSUMPTIO.NS,!~.Lt...9F THESE ..,.- ASSUMPTIONS ARE ABLE TPBE COMPLETED SO THAT THE PRPPERTY MEETS THE EXPECTATIONS OF A RESIDENTIAL PRÕPÊF<I'yI,~ THE CUR8J;N.TJ¡\ARKEi:-"ì.iT,Ü'!I¡:PPRT 15 NåTf=OIU.LN..ANCING U5Ë. s~e ,a~.rçhed addendum~-' u.'..',~: ==.~ The IUlpose 01 this appraisal k to estimate tho market valu. of the real property that is the subject at this repoll, based on IhII above oonditions and the certification, contingent and limmng conôllions, and marketvaiu. delinition that are alated In the attached Freddie Mac Form 439íFNMA form 10O4B (Revised ~~, ,-J. I (WE) ESTIMATETHEMARKõTVALUE,AS DEFINED, OF THE REAL PROPERYV THAT IS THE SlJBJECTOFTHIS REPORT, AS OF smoo (WHICH IS THE DATE INSP NANDTHEEFFECTì'lEOATEOFTHISREPDRT)TOBE $ .... 72 R.90 APPRAISER: SUPERV pp (ON If' EQUIRI!Þ): ~!mJaIUre._.- --"- Sinnaturé ...". Nam. R.J. e a -IA Name J.L. Õaie R§Po!t Sign..ëÎ14i2ÕOQ, , ,,--_., . ----= ¡¡ale RepQ~ ~ ~r~c~J!~l~n# .9.~9,1Jl4 StatelA ... S~aCertìfioatlon# Or Stab¡ LIcense # Slate Or Stale LIcense # Freddie Mac Form 70 6193 PAGE 2 OF 2 <...- r",- 'Toni ,nnn ¡nrWindows' aooraisal softw~le by alamode, 1110.- HOO.AI.AMODE n/a nia nla en 6114J20Ó'õ- CGrOH~i .. 0 Did ¡g] OidNot Inspeet Property _.n_....,Stab\Jð.___- St¡¡to FMnie Mae Form '004 6.93