Sewer Lift ROW FMV Gartner's Arbor Estates
12/19/2005
Dubuque City Council
Dubuque City Manager, Michael C. Van Milligen
Dubuque City Engineer, Gus Psihoyos
RE: Lot 19 of Forest Grange Subdivision Lift Station
Dubuque City Management:
On October 26, 2005, my wife Pam and I received a letter from Ron Turner and Gus
Psihoyos inquiring about our interest in allowing the City of Dubuque to place a lift
station on our property located at 12141 Forest Meadow in Dubuque County. We
immediately responded to this letter and informed Ron that we were not interested
providing an easement on our property. There was no follow-up from Ron or Gus until
November 28, 2005, when we received a subsequent letter asking for the opportunity to
review the proposed easement. I contacted Gus and scheduled a phone conference on
Wednesday, November 30'" with Gus and Ron. I agreed to meet with them on the
property on Friday, December 2, 2005.
During the meeting on December 2nd, I was informed several times by Gus that he was
acting on behalf of and the under the direction of the City Council and the City Manager
to discuss this proposal. I was also informed that these conversations were conducted in
closed sessions. I requested that Gus provide minutes highlighting this direction. No
further infurmation was shared. I also requested that I be informed of any subsequent
agenda items concerning my property. I have received no additional information or
communication from any City employee or official concerning this topic.
On Friday, December 16ili, I learned that the December 19i1i, City Council meeting
contains an agenda item to discuss my property located at 12141 Forest Meadow legally
described as Lot 19 of Forest Grange Subdivision. This is my formal request to be
informed of any conversations regarding my property. Also, the lift station should be
located on Kivlahan's property in the City. In my opinion I should have been informed
that this item was on the Council's agenda. This is also a furmal request to cease all
activities pursuant to acquiring easements on my property. Please reference a letter sent
by my attorney, Allan J. Carew, on Monday, December 19, 2005.
Sincerely,
John & Pam Gartner
cc: Allan J. Carew
Jim Gantz
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MEMORANDUM
December 14,2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Establishing Fair Market Value of an Easement to be Acquired for a Lift
Station Serving Arbor Estates - Phase 3 and Surrounding Developments
City Engineer Gus Psihoyos recommends establishing the fair market value at $10,350
of an easement for a sanitary sewer lift station on the John and Pamela Gartner
property, needed to serve Arbor Estates - Phase 3 and surrounding developments.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
jli! j [< (l; L
1;// I"/''l-y. Ly.
Mictfael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
December 13, 2005
TO:
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer ~
Establishing Fair Market Value of an Easement to be acquired for a
Lift Station serving Arbor Estates - Phase 3 and Surrounding
Developments
SUBJECT:
INTRODUCTION
The enclosed resolution provides for the establishment of fair market value of
property to be acquired for the sanitary sewer needs of the Arbor Estates -
Phase 3 and other surrounding developments. .
BACKGROUND
With the continued development of Phase 3 of Arbor Estates in the City of
Dubuque, a sanitary sewer lift station is proposed to be constructed. The
developer of Arbor Estates has adequately designed the lift station to serve the
development. However, as the City looks at possible future growth and the
needs of properties adjacent to Arbor Estates, a more logical location of the lift
station needs to be considered.
DISCUSSION
The City has been attempting to purchase an easement over and across the
property of John and Pamela Gartner at 12141 Meadow Forest Drive (Lot 19 of
Forest Grange Subdivision), property outside of the Dubuque city limits.
Typically, a lift station should be located at the lowest point of the area to be
served. Based on review of adjacent properties, it has been determined this site
provides the optimum location based on the existing terrain. Locating the lift
station, as proposed on the Gartner property, could provide service to 75 parcels
in the Barony Woods and Forest Grange developments.
The proposed lift station would occupy an area about 30 feet square located
about 300 feet from Forest Meadow. However, since access has been denied
the City to do surveying for the design of the location of the lift station, a larger
area is requested to accommodate mapping inconsistencies. Access to the lift
station would be from the south off of Arrowwood Lane through a City lot. The
City of Dubuque would pay for all the costs associated with the transaction.
Since the City has not reached an agreement with the Gartners, the first step in
the process of acquiring property is for the City to have an appraisal performed
on the property. Based on the appraisal performed by Felderman Appraisals,
the proposed fair market value of the easement is $.46 per square foot, with the
total easement valuation of $10,350. Some variation in total value may occur
after plans can be prepared for the exact location on the lot.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution establishing the
fair market value of an easement for a sanitary sewer lift station on the John and
Pamela Gartner property needed to serve Arbor Estates - Phase 3 and
surrounding developments.
Prepared by Ronald J. Turner, PLS
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CITY LIMITS
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LIFT STATION EASEMENT
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LIFT STATION EASEMENT 80 4~RAPHI;SCAL~0
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RESOLUTION NO.
ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF AN
EASEMENT FOR A SANITARY SEWER LIFT STATION ON REAL PROPERTY
OWNED BY JOHN P. AND PAMELA J. GARTNER IN THE COUNTY OF
DUBUQUE, IOWA FOR SERVICING ARBOR ESTATES AND SURROUNDING
AREAS
Whereas, the City of Dubuque (City) intends to acquire certain real
property by easement owned by John P. and Pamela J. Gartner (Owner) legally
described as follows:
Lot 19 of Forest Grange Subdivision in Dubuque County, Iowa
as shown on Exhibit A for to service Arbor Estates and the surrounding areas;
and
Whereas, Iowa law requires the City to make a good faith effort to
negotiate with the Owner to purchase the Property interests before proceeding
with acquisition of property by condemnation; and,
Whereas, the City may not make an offer to purchase the Property which
is less than the fair market value that 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 $0.46 per square foot; 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 established to
be $0.46 per square foot.
Section 2. The City Manager and Corporation Counsel are hereby
authorized to commence negotiations with the Owner of the Property and any
other interested parties in 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
day of
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk