Purchase of Property_2263 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 2263 Elm Street
(CIP 7201654)
DATE: April 12, 2011
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Mic ael C. Van Milligen
Dubuque
kettil
AA- AmedcaCity
2007
City Engineer Gus Psihoyos recommends City Council approval to purchase
commercial property located at 2263 Elm Street owned by Robert D. and Livija Klauer
for the appraised value of $47,000. 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.
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Bee Branch Restoration Project, Acquisition of 2263 Elm Street
(CIP 7201654)
DATE: April 12, 2011
INTRODUCTION
Dubuque
?Moedacp
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 2263 Elm
Street owned by Robert D. Klauer and Livija Klauer.
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 135 -10 establishing the fair market
value of 2263 Elm Street at the appraised value of $47,000.00 and authorizing the City
Manager to commence negotiations to acquire the property.
DISCUSSION
The owners of the property, Mr. and Mrs. Klauer, have agreed to sell 2263 Elm Street at
the appraised value of $47,000.00. The attached Exhibit A shows the location of the
property.
RECOMMENDATION
I recommend that the City purchase 2263 Elm Street for $47,000.00.
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 Robert D. Klauer and Livija Klauer at 2263 Elm Street legally
described as Lot 1 -1 -1 -3 -103 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
Address:
2263 Elm Street
Exhibit A
Bee Branch Creek Restoration Project Property Acquisition
Legal Description: Lot 1 -1 -1 -3 -103 L H Langworthy's Add
Prepared by: Ron Turner, Surveyor, 50 West 13 Dubuque IA 52001 (563- 589 -4270)
Return to: Jeanne Schneider, City Clerk, 50 West 13 Dubuque IA 52001 (563- 589 -4120)
RESOLUTION NO. 131 -11
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY
ROBERT D. KLAUER AND LIVIJA KLAUER 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 1 -1 -1 -3 -103 L H Langworthy's Add, in the City of Dubuque, Dubuque County,
Iowa
At the cost of Forty Seven Thousand and 00/100 Dollars ($47,000.00).
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.
Attest:
Passed, approved and adopted this 18 day of April, 2011.
eanne F. Schneider, CMC
City Clerk
Roy D. Buol, Mayor