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Bee Branch Creek Restoration_Acquistion of 1502 Maple StreetMasterpiece on the Mississippi Dubuque An- America City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Restoration Project, Acquisition of 1502 Maple Street (CIP 7201654) DATE: August 9, 2011 City Engineer Gus Psihoyos is recommending acquisition of the property at 1502 Maple Street for $73,000 for the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi aeI C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer . SUBJECT: Bee Branch Restoration Project, Acquisition of 1502 Maple Street (CIP 7201654) Dubuque hitlil All-America City I r 2007 DATE: August 5, 2011 INTRODUCTION The purpose of this memorandum is to request City Council approval to purchase commercial property required for the Bee Branch Creek Restoration Project at 1502 Maple Street owned by Milton E. Schwartz. 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 2, 2011, the City Council passed Resolution 147 -11 establishing the fair market value of 1502 Maple Street at the appraised value of $73,000.00 and authorizing the City Manager to commence negotiations to acquire the property. DISCUSSION The owner of the property, Mr. Milton Schwartz, has agreed to sell 1502 Maple Street for $2,000 over the appraised value of $73,000.00. The attached Exhibit A shows the location of the property. RECOMMENDATION I recommend that the City purchase 1502 Maple Street for $75,000.00. 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 Milton E. Schwartz at 1502 Maple Street legally described as Lot 320 in East Dubuque Addition No.2, all in the City of Dubuque, Dubuque County, Iowa. Prepared by Deron Muehring, Civil Engineer II cc: Jenny Larson, Budget Director Deron Muehring, Civil Engineer 2 RESOLUTION NO. 261 -11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MILTON E. SCHWARTZ 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 320 in East Dubuque Addition No. 2, in the City of Dubuque, Dubuque County, Iowa At the cost of Seventy Five Thousand and 00/100 Dollars ($75,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty 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 Warranty 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 1 of Au 1 - ust , 2011. Roy D. Buol, Mayor Kevin S. Firnstahl Acting City Clerk Exhibit A Bee Branch Creek Restoration Project Property Acquisition to* Aridrass 1502 Maple Street Legal Description: Lot 320 in East Dubuque No. 2