Property Acquistion_2275 Elm StreetMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Restoration Project - Acquisition of 2275 Elm Street
(CIP 7201654)
DATE: March 14, 2011
City Engineer Gus Psihoyos recommends City Council approval to purchase a
commercial property for $61,991 located at 2275 Elm Street owned by Todd H. Schmitz.
This purchase is part of the acquisition program associated with the Bee Branch Creek
Restoration Project.
This is $1,991 more than the appraised value. However, the appraisal incorrectly listed
the size of the property as 5,347 square feet instead of 5,524.45 square feet. Based on
the value per square foot established by the appraisal, the actual value of the property
is $61,991.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
7 2
M chael C. Van Milligen
Dubuque
An- AmedcaCity
'
m
2007
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer 18(
SUBJECT: Bee Branch Restoration Project, Acquisition of 2275 Elm Street
(CIP 7201654)
DATE: March 13, 2011
INTRODUCTION
BACKGROUND
DISCUSSION
Dubuque
N4m.daatr
2007
The purpose of this memorandum is to request City Council approval to purchase
commercial property required for the Bee Branch Creek Restoration Project at 2275 Elm
Street owned by Todd H. Schmitz.
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 136 -10 establishing the fair market
value of 2275 Elm Street at the appraised value of $60,000.00 and authorizing the City
Manager to commence negotiations to acquire the property.
The owner of the property, Todd H. Schmitz, has agreed to sell 2275 Elm Street for
$61,991.00. This is $1,991.00 more than the appraised value. The appraisal incorrectly
listed the size of the property as 5,347 square feet. The property is actually 5524.45
square feet. Based on the value per square foot established by the appraisal, the actual
value of the property is $61,991.00. The attached Exhibit A shows the location of the
property.
RECOMMENDATION
I recommend that the City purchase 2275 Elm Street for $61,991.00.
BUDGET IMPACT
The purchase price is within the budget for the property. It 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 Todd H. Schmitz at 2275 Elm Street legally described as Lot 2 N 50'-
1 -1 -103 L H Langworthy's Add and Lot 2 Warren & Robin Amling's Sub, all in the City of
Dubuque, Dubuque County, Iowa.
Prepared by Deron Muehring, Civil Engineer II
cc: Jenny Larson, Budget Director
Address: 2275 Elm Street
Exhibit A
Bee Branch Creek Restoration Project Property Acquisition
Legal Description: Lot 2 N 50' -1 -1 -103 L H Langworthy's Add AND
Lot 2 Warren & Robin Amling's Sub
RESOLUTION NO. 93 -11
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED
BY TODD H. SCHMITZ 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 N 50' -1 -1 -103 L H Langworthy's Add and Lot 2 Warren & Robin
Amling's Sub, in the City of Dubuque, Dubuque County, Iowa
At the cost of Sixty One Thousand Nine Hundred Ninety One and 00/100 Dollars
($61,991.00).
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 ofv 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 21 s tday of
At t
eanne F. Schneider, CMC, City Clerk
March .2011.
Roy D. Buol, Mayor