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Bee Branch Creek Restoration Project_Purchase of 501-507 Garfield AvenueMasterpiece 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 501 -507 Garfield (CI 7201654) DATE: April 26, 2011 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Mich I C. Van Milligen Dubuque 1111-- AmedcaCity I 2007 City Engineer Gus Psihoyos recommends City Council approval to purchase a commercial property for the appraised value of $250,000 located at 501 -507 Garfield Avenue owned by IBC Sales Corporation (Continental Baking Co.). 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 DATE: April 25, 2011 INTRODUCTION BACKGROUND DISCUSSION TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Restoration Project, Acquisition of 501 -507 Garfield (CIP 7201654) Dubuque WARMatr IIIII! 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 501 -507 Garfield Avenue owned by IBC Sales Corporation (Continental Baking Co.). 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 134 -10 establishing the fair market value of 501 -507 Garfield at the appraised value of $250,000.00 and authorizing the City Manager to commence negotiations to acquire the property. The owner of the property, IBC Sales Corporation, has agreed to sell 501 -507 Garfield, legally described as Lot 1 of "A -1 Industrial Block" for the appraised value of $250,000.00. The attached Exhibit A shows the location of the property. Relocation benefits will be made available to IBC Sales Corporation. While it is solely the discretion of IBC Sales Corporation, the City has been working with them to facilitate the relocation of the facility in the Washington Street neighborhood. IBC Sales Corporation is also considering a move to Cedar Crest Ridge. RECOMMENDATION I recommend that the City purchase 501 -507 Garfield Avenue for $250,000.00. 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 IBC Sales Corporation at 501 -507 Garfield Avenue legally described as Lot 1 of "A -1 Industrial Block" all in the City of Dubuque, Dubuque County, Iowa. Prepared by Deron Muehring, Civil Engineer II cc: Jenny Larson, Budget Director RESOLUTION NO. 146 -11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY IBC SALES CORPORATION 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 of "A -1 Industrial Block ", in the City of Dubuque, Dubuque County, Iowa At the cost of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). 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 2ndday of / t�- , 2011. Attest:, Kevi S. Firn I, Acting ity erk Roy D. Buol, Mayor Address: Exhibit A Bee Branch Creek Restoration Project Property Acquisition 501 (507) Garfield Avenue Legal Description: Lot 1 of "A -1 Industrial Block"