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Bee Branch Creek Restoration_Acquisition of 1517 Maple StreetMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 1517 Maple Street (CIP 7201654) DATE: February 6, 2012 City Engineer Gus Psihoyos recommends City Council approval to purchase residential property located at 1517 Maple Street owned by Anthony and Debra Zenner for $68,950, which is $2,000 more than the appraised value. 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. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 1517 Maple Street (CIP 7201654) DATE: February 10, 2012 INTRODUCTION The purpose of this memorandum is to request City Council approval to purchase residential property required for the Bee Branch Creek Restoration Project at 1517 Maple Street owned by Anthony C. (Tony) and Debra Zenner. 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 December 20, 2010 the City Council authorized the City Manager to begin the process of acquiring 1517 Maple Street to allow for the development of a trail parking, public restroom, and maintenance facility for the Bee Branch Creek Restoration Project. On November 7, 2011, the City Council passed Resolution 356 -11 establishing the fair market value of 1517 Maple Street at the appraised value of $66,950.00 and authorizing the City Manager to commence negotiations to acquire the property. DISCUSSION The owners of the property, Tony and Debra Zenner, have agreed to sell 1517 Maple Street for $68,950.00 which is $2,000.00 more than the appraised value. The attached Exhibit A shows the location of the property. RECOMMENDATION I recommend that the City purchase 1517 Maple Street for $68,950.00. 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 Tony and Debra Zenner at 1517 Maple Street legally described as the North '% of Lot 287 and the South '% of Lot 287 in East Dubuque Addition No. 2, all in the City of Dubuque, Dubuque County, Iowa. Prepared by Deron Muehring, Civil Engineer!! cc: Jenny Larson, Budget Director Deron Muehring, Civil Engineer 2 RESOLUTION NO. 39 -12 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANTHONY C. (TONY) AND DEBRA ZENNER 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, the City of Dubuque has identified a need for a trail parking, public restroom, and maintenance facility (Facility) for the Bee Branch Creek Restoration Project; and Whereas, the City of Dubuque has identified the need to acquire the property owned by Tony and Debra Zenner to establish the location for the Facility; 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: North 1/2 of Lot 287 and the South 1/2 of Lot 287 in East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa At the cost of Sixty Eight Thousand Nine Hundred Fifty and 00/100 Dollars ($68,950.00). 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. Attest: Passed, approved and adopted this2Oth day of ei ruary 2012. I7L/ Kevi S. Firnstahl, dity Cler Roy D. Buol, Mayor Exhibit A Bee Branch Creek Restoration Project Property Acquisition Address 1517 Maple Street Legal Description North 1/2 and South 1/2 of Lot 287 in East Dubuque No 2 in the City of Dubuque, Iowa, according to the recorded Plat thereof, County of Dubuque, State of Iowa