Loading...
FMV Wetlands Property - Pullen, D~~-@rm ~ck~ MEMORANDUM July 13, 2004 Ci .. \ ¿ ~ TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution Establishing Fair Market Value for Property for Property To Be Acquired for Wetlands Mitigation 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. This realignment of University Avenue will impact a small wetland located within the project limits. In order to mitigate the wetlands impact, the City plans to enhance an existing wetland (marsh) located just south of the confluence of the Little Maquoketa River and the Mississippi River east of the John Deere facility. The plan also includes purchase of a portion of the property owned by Charles and Beverly Pullen in an effort to alleviate any liability from encroaching water pumped into the marsh. This purchase was insisted upon by U.S. Fish & Wildlife Service and was agreed to by the City Engineering Department in a coordination meeting. The purchase involves acquisition of 2.81 acres of property, including 1.13 acres of platted but undeveloped roads, from the Pullens. Acting Public Works Director/City Engineer Gus Psihoyos is recommending establishment of fair market value of the property at $2,500 to begin the acquisition process. I concur with the recommendation and respectfully request Mayor and City Council approval. ¡vLJ) 1 ,~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Pubic Works Director D~ ~ck~ MEMORANDUM July 13, 2004 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, Acting Public Works Director SUBJECT: Resolution Establishing Fair Market Value for Property To Be Acquired for Wetlands Mitigation for the Realignment of University Avenue to US 20 INTRODUCTION The enclosed resolution establishes the fair market value of a portion of the property currently owned by Charles R. and Beverly Pullen at 19299 Riverside Road. The first step in the process of acquiring a parcel of property for public right-of- way is for the City to have the property appraised. The City Council must then establish the fair market value of the property which cannot be less than the appraised value. The authority to initiate eminent domain proceedings cannot be initiated until a good faith effort is then made to negotiate the acquisition of the property. 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. This realignment of University Avenue will impact a small wetland located within the project limits. In order to mitigate the wetland impact, the City plans to enhance an existing wetland (marsh) located just south of the confluence of the Little Maquoketa River and the Mississippi River east of the John Deere facility. This enhancement involves pumping water into the marsh each year during the dry period from late summer to early fall. This enhancement will help maintain the wetland characteristics of the area and will thereby improve the habitat for migratory waterfowl. The anticipated pumping duration is approximately six (6) weeks each year. The City will be required to provide the supplemental water for a period of five (5) years. At the conclusion of five years, the operation will be turned over to U.S. Fish & Wildlife Service who will then be responsible for providing supplemental water to the marsh. The plan also includes purchase of a portion of the property owned by Charles and Beverly Pullen (subject to the recommended Council action) in an effort to alleviate any liability from encroaching water pumped into the marsh. This purchase was insisted upon by U.S. Fish & Wildlife Service and was agreed to by the City's Public Works Director in a coordination meeting. The purchase involves acquisition of 2.81 acres of property, including 1.13 acres of platted but undeveloped roads, from the Pullens. The proposed acquisition from the Pullens has been discussed with them on several occasions. These discussions included conversations between Jon Estrem of Howard R. Green Company (Project Manager for the University Avenue Extension improvement) and James Pullen (son of the owners). The discussions also included that which took place between Bob Felderman (appraiser) and the Pullens during the appraisal interview. Based upon these discussions, it appears that the Pullens will be willing sellers. Both the purchase of the Pullen property and the pumping of water to the marsh are requirements of a U.S. Army Corps of Engineers 404 Permit that was secured to allow construction of the University Avenue Extension to take place. The permit requires the pumping operations to begin in 2004. Purchase of the Pullen property is a prerequisite to commencement of pumping operations to alleviate any liability that might arise from altering the water level on the property. Given the timeframe requirements, it is important that purchase of the Pullen property not be delayed. RECOMMENDATION An appraisal by Felderman Appraisals indicates that the fair market value of the Pullen property is $2,500. I recommend that the City Council establish the fair market value of $2,500.00 for the following property: A Part of Government Lot 215 and adjacent roadways in the Town of Peru, Dubuque County, Iowa, containing 2.81 acres, according to the acquisition plat thereof. 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 value of the Pullen property for wetlands mitigation for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's and to authorize the City Manager and Corporation Counsel to commence negotiations with the owners of the property and any other interested parties for the purchase of the property. cc: Jon Estrem, Howard R. Green Company David Ness, PE .' RESOLUTION NO. 279-04 279-04 ESTABLISHING THE FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY OWNED BY CHARLES R. & BEVERLY PULLEN IN THE CITY OF DUBUQUE, IOWA FOR WETLANDS LITIGATIONS IN CONNECTION WITH THE UNIVERSITY AVENUE EXTENSION PROJECT Whereas, the City of Dubuque (City) has entered into an agreement with the Iowa Department of Transportation for the University Avenue Extension Project (the Project); and Whereas, the City intends to acquire certain real property owned by Charles R. and Beverly Pullen (Owners) legally described as follows (the Property): A Part of Government lot 215 and adjacent roadways in the Town of Peru, Dubuque County, Iowa, containing 2.81 acres, according to the acquisition plat thereof. as shown on Attachment A for wetlands mitigation; and Whereas, the City may not make an offer to purchase the Property which is less than the fair market value 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 $2,500; 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 Property is hereby established to be $2,500. Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the Owners of the Property and any other interested parties for the purchase of the Property for a purchase price that is not less than the fair market value established by this resolution. Passed, adopted and approved this 19th day of Jul r-:. ,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~~ 7- eanne F. Schneider, CMC, City Clerk Plat Survey ATTI'OftNT A eo, Dubu U€ Stile IA z; Code 52001 coel'" DUBUQUE """,, I,U STP-U-2100(623)--70-31 SEC!lQIJ mNNSHIP POW - m * 2.81 AG, EASE ISH"" , OF z) 'IA'E C""'Ol NO PARCEL NO. RANcE AC. QUn CLM" MAIN UNE SIDE PO'" SIDE 91)£ AG 'WUIRm "'¡55 RIGHTS fRO" SfA. .'CCUIRED'CC'SS RIGH~ fROM 5T"- "aulRco F~JW TO ;JA. TOSTI" ACQUIRED 'N THE NAME QF THE alY OF DUBUQUE, DUBUQUE COUNTY. IOWA :;C:UO:~' ;~:::D'~'~:S.;V::':~:D C::~:LESS "orED D"'EREN]LY. r 5,0 T N1 ,," ò I ~ SCAL~~USH 10O' " ,,"5/,J} I - --------- LEVEE LE."" AREA ,,' , I .' ~ . JOHN DEERE ~ -.J..;7'--- I ~ . \ ,/f,^ I!) ¡{;~O(~'<'s.Þv, ò;, ~' C" ¡! ¿' ("J ~ ",- J.o - _. - -;, -I 0,,":;;,/< ! I i;!*- '~'90¡-~ <Jo,. :;' / - 'C~.f'."s J-L if$' if" "" v "~) ~o / '" ,§> ;' '6". :;-;.., <~ '<Oó¡¡ , I... ~ / ~§ /J . 'i;; S6"s7}'o", "<'°V,<'? -II j o~~ ~~'" " {'!i' II! Co O"J~OoS;:,- P.o.C.. ~,', ~"c/^~r~1J ¡;- ',"- iQ';;.~. O'Oo~';¡')" ----¡ I "... ~<.,""'s I /" S;Cy.> (':1 ", " "o"~ <o,...'or ':;.;0 " . <D' 1£' <.ð¡.. ~Ð.Rt'S !Î ,I£'. J :I " .\" if -"'" <C""'s :,/ ~'f..r-.... ..f? '- 'Z~J!, / ,0'/ '. ~~"o1r P.O G. "'I ~.. ¡ . ;0<1 I ~ Ii l /, '. 'Z, 1 _'IB".",,) \ ;,'¡ ,'/ úþ,C'¡< , 00 'Z ! / . "'r '¡ '" ~ \ ¡;; "'- / ""S~N~~"" . ? <Q;; f,;; °<> ""(Vi ,,"'" I. ' ! .0' ~ II,C";",,.., C,.,J ","", ""'c. <0.'$ "~I .0' .... ~"""""<v ...: . , / .... -"::'<''o <so' ! ". / ú., / "- ~4:¡s <0",,°01, / / i ,~~~~;""'r 1 ~--.':. /' / ¡'h.'<'C';;-r" '<51 "J i r;;,;;;"; / ú ""Or IOlv..;, <", ,"J. ", / I .Do¿ . / 0, ~ . "0, :!::¡u,o [~Ic:::;;'r 0, "- "~C~l'$ 'c!.. I ! '<>,;°, / E"'~tr C~5 '" "e4":;" ('0. '" '" 1y4r ( " I I . / l"~S~p$ "-<CI"" '~~"A:;"'i¡.',. ~.,v"'<' "- " , // z.... / ,~'t'~, '.OAD' sr."" À "" ~ '"6"." j ~" "'~"'r . ( ~ ~~t1r ':Z O"'(~~f'. J",,'..?;,:9 .9l" v "'O,~'Ä "', " " ~~ '.,," ~1>'.;;.SD';;-" J>;'3'fi¡ ~~ " 601~"' ~ l~r~C;~N; ¡".j..J~:,c °, Pfeu = THE RCCORD "'FOR"ATIDN WIC' BASED ON IHE u.s. ARMY CO"'" OF ENGLN"'S M'SS"S'PP, R1VER LDC' "DAM No. " LAND ACDu,sn'DN PlAT. ROCK 'St."," DISTR'cr. 'LUND". D'TED SEPTEMBCR " 1937 AND THE 'OHN DEERE LE<S£ SUR'IEY CO",RACT IDAOW25-3-67-4!!3 BY SHNE-HAmRY. DATED "BUARY ¡g. 'SSO. ,-",.,..,=~,,~--,."~,,~~ ~.::::-.?r;;,':'~;;:.:::;:.;:::;! WIDI.Q ~ MONU"'", roUND ,- ~ON ROO . "ONUMCNT rOUND S/B" REBAR #02'. 0 "ONU",", m SiB' REBAR lIS,"' CR) RECORD """N51,," iM) MEASURED O'"ENSION P.O.C. PO"" or COUM£NeE"E"T PO.S PO,,", OF 'CO<"""'O PRCpA'ED ." HeW!'RD R. GREEN CO"PA"". HID EARHARJ LN. 5" CED" P.Iu'iDS "JY.'^. "'0+, peONE (''OJ "',<COG ~""'~- -, "~ - ~. ".~'" ", ",. ,.,-- -..-..,-,,"" O'¡¡ DR"WN RRR O:¡fOB/D' ;;~,~i,;::.\~~;;',.",~.,. ,,~", Form MAP.Rood-"TOTAL fo,WmdDWS' ,ppm;"J ,~. by,. modo, ;nc,-1-1JOChlLAMODE VICINITY MAP N P U LLEN- W ETLAN DS M ITI GA TI ON w+ E s 1500 , 0 1500 Feet ,