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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 1..:,' D"G~~E ~ck~ 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 t"': .j D~~~E ~ck~ 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 $10,350. Some variation in total value may occur after plans can be prepared for the exact location on the lot. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution establishing the fair market value of an easement for a sanitary sewer lift station on the John and Pamela Gartner property needed to serve Arbor Estates - Phase 3 and surrounding developments. Prepared by Ronald J. Turner, PLS I I I ! I I .. -L .. --L -- CITY LIMITS ~ NORTH GARTNER LIFT STATION EASEMENT VICINITY MAP k--_ I -- ~ I I I I I I I I! _ _ .=:::L.L _ _ -- --r--- I I ---{--- I I --i--- I I "t-- I I +-- -- " -- \ \ ,- , I I __-L-- GRAPHIC SCALE 350 175 0 175 35 ~II DRAWING MAY HAVE BEEN REDUCED , INCH'" 350 FEET -------- ----- --T--T--T I I I I EASEMENT AREA '0 .- --~i , . '"~ , , ARBOR ESTATES PHASE 3 ." >- 8~ >-0:: {' CCl . " . OZ CClW ... ~:5 5:]$ II W . W 0 U) o :<i!~ u. >f-I- > WU) "'~ Z .~ O::~O 0:: (/) I- ",e W >- g e::::"j W f---' o. (/) (/) ~ (/) f- en "B ~o...' -N ~> ' W ::?;~ W ~ () 0:: ::J en 0:: 0:: <( ~o...;:: ~ CD f5 ~ ~ ~ L ~l - __ 7 _i , ..... "1- _ 111,\ 2l\ I .."ll~"~~\' ~ ~ ~ ~: ~~ ~ - " ~'l2~~ ~ 5 .---. \~ "\/ t;j N ~ _~ \ l)~; \ \ \ ~ ~ _ . .,,"\: i ~ G \ \ ....,v \-- I-- r--N r I }-, /~"1 - '-... t- ~~~y -I-- '-... I- I-- "\ _ ~ ~ 1 ---- I-- I-- SS )- / ~t-- L- ~ ~ ~. ~. - vr- ~". o \~ ~ ~~ ~~ ~ -...., OSO'NN'IIH:)'O 5 ldHN3\3nOf\anO\\ 'l"lclgs:W:C ~lllt. '6Mp'6u!senq lUwI u 1'^')l\6MP\Ul!ld JalSl!lo'l '.......as i\J1!1!UI!S\::) I ;~;5 i o i , o \ , , I o , I o o I I,,; , , Ii o , I . i'" I..: I , i o . I , i o , I ,. o I I L' "', "', ,...L________...,...?93,~-L----- I ' GARTNER LIFT STATION EASEMENT 80 4~RAPHI;SCAL~0 EXHIBIT A ~~ I DRAWING MAY HAVE BEEN REDUCED I 1 INCH = 80 FEET . .. ,..~.~ .;.~o~j..~~--""~__.._...L..-J! ) ) ~'/;.//>- c FORESn..EADoW -- --- _u_ .... ~.~ ~~/.~~----;----r87.44'-----...,.---r---.------- ~.~. ,,/" / · .../j 16:23' ,..' j . , ' \ / .l0T19 ! I FQREST c;RANGESUB. , : ,;" 2.604 ACRE;S . : I / .......'>4..,4 ' A' \ , ' o ' I I l ' I" f 1 I , ' o ' I I 'J I /",...1 /) /1 1/"" . ' I' "",0')" ' WJ1;) i ,t' /j I~ INI ,I.{). .' /~, ,I' L(Y . /~I ','lO,.I'-\ 1'/ LO " " LO' T""', I 120 i o i , i l o I , , I , i o i / I / " /: ;, ... / I EASIi'M~T A~EA: /2~,50qlSY FT: I . / .' .... . . / ;' I . .:' ,/ ,/ " ,/ ,/ ,.:i / ,,'--'1 ,/ ................ '. ;, / 203 67 . I / . .'" __-:...;:..-.I-..:--....,...L..J.;::..--L-----. .219.10' '. \... .~60 --I ... , " .' . ---...,...~--":----...,...-- ~ NORTH 80 I LOT18, LOT 20 ((X'.J . . /' /><". / I I / " // / .' /; / ; / I" ;./ / / / / / I 7gg:, '1Dl.' 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