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Sewer Lift Station Gartner Prop FMV - Carew Ltr etc. 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. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer D~~~E ~<k~ MEMORANDUM December 13, 2005 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Establishing Fair Market Value of an Easement to be acquired for a Lift Station serving Arbor Estates - Phase 3 and Surrounding Developments 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 RESOLUTION NO. 10-06 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 3rd day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk GARTNER LIFT STATION EASEMENT VICINITY MAP t---- ~ I I I I ~ NORTH o '" ;t o L I I +..- -- 1---- I r-- r-- -- L :~ I II I! __-==i.L__ --""1--- I I --I -r--- I I --i- -- I I ~'t-- GRAPHIC SCALE 350 175 0 175 "'""-.............. DRAWING MAY HAVE BEEN REDUCED 1 INCH It 350 FEET 35 I -------- -------- --T--T--T I I I I I I I I ~--+-- -- I +-rrl\ ' : -- I I I I I I I I I I I \ I I __ -L ..-.i__ CITY LIMITS I I ___-L-- EASEMENT AREA , , '0 .- '~J~ .. lcn , , ,-. "~ I I I I I I ARBOR ESTATES PHASE 3 .J 8W >- >-0:: fi co COw I- : j OZ w 0 U) 8s a: ~ III > w U) Diil2 >f-f- Z~.~ 0:: <( 0 0:: ({J f- W >- S ~. Wf-...J o. ({J ({J ~ ({J f- "' "'a <(0..' -N <( > ' W 2~ W <( u 0:: ::> "' 0:: 0:: <( <(o..~ <( <..') ~ ~ ~ OSO'NIWH:r 5 ld........3I3I1COSnO\\.i'/ 9!HO'&9IXW!;.1Z~'llMp.llt.,".nq"""l II'IOOl!Mpo.ueld""..i'/......sA..rru.SI'O --------- ----------~-~ -- - GARTNER ---- -- - ---- -------- LIFT STATION EASEMENT EXHIBIT A 1 INCH:: 60 FEET " i ~/)) 60,29 I _ .' ______-,------------- '"./ / . " ~-------L----. - . . " _y , .... ...... , . ,------~---------- I. \014/ y<..-------------FORESTMEADOW . r~~/. -, .~-.;..--~fij7,44'"----.=----r.----~----. ~C ",_~.' ,!'-16,23 . . , . ;.!/- . . /'" . . I . ~-- \, LOT 19 I 'I FOREST GRANGE SUB. I , ,'" 2-1104 ACR~, : .t'! I" ,~. .! : f I , . ' .. I .' ( , ,. , 'I I -. . I /1,1 .".... .... . ' I i~ """~1 / ,.,.:_,,~,.,/ / --",~ll ~~. , .'~ :1.:' ' LOI '1--- .' 120 I , , I , , I , . I , , I I , I , , I , , .... ,....... ," / /' . .,' I. "EASENII:NT AREA : ,/~2.50l(~: F{ / . .1 " ,,' ," /' I :' :' I -' ./ .' / " 'I /ii/ 203,67," .... 1/ /219.10' ", ' " ..~_~__.I.....oo:,;.__...~_.:.._-L:..-_-~--............__..-............-_--:..~--.-..._-- ,~61J~" 'j ~ &llllIIlli~ NORTH LOT 20 -1-1"' , \ . 1\ I I: I , , ,\ " I! !I II i j'" , , . 'I , , 1 , i , i . i , i , . Li_._______~93,?.L--~-- i . - , .. " I ' . , ,'.' / ' I, /' " , /. , , . '// I I,. "/' " nl: GRAPHIC SCALE 80 40 0 40 ~.....- - 80 .J DRAWING MAY HAVE BEEN REDUCED LOT18. ,-'N'. /1 I " ~ Law omces Of FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. 200 SECURITY BUILDING 151 WEST 8TH STREET DUBUQUE, IOWA 52001.6832 TELEPHONE: (563) 556-4011 WILLlAM C. FUERSTE ALLAN J, CAREW MICHAEL J. COYLE STE1'HEN J. JUERGENS ROBERT L. SUDMEIER* DOUGLAS M. HENRY MARK J. WILLGING MICHAELJ. SHUBATTH A THEODORE I-WINKER DAN ITA L. GRANT JOHN F. HODGES WILLIAM N. TOOMEY December 19,2005 TELECOPIER: (563)556-7[34 E-MAIL: MATL(@FCCJS.COM ALL ATTORNEYS LICENSED IN IOWA "ALSO LICENSED IN WISCONSIN uALSO LICENSED IN ILLINOIS WRITER'S DIRECT E-MA1L ADDRESS ACAREW@rCCJs.cOM To the Mayor and Members of the City Council City Hall 50 West 13th Street Dubuque, lA 52001 . . .-j Dear Mayor and Members of the City Council: Facts (m ([J -',"'j , , ~) C-,) We represent Mr. and Mrs. John Gartner (Gartners) who own the following described property located in Dubuque County: Lot 19, Forest Grange Subdivision, Dubuque County, Iowa (Lot 19) Forest Grange Subdivision is in Dubuque County (County). Arbor Estates, Phase III Arbor Estate is located adjacent to Forest Grange and is located in the City. Arbor Estates is being developed by Kivlahan Farms, LC (Kivlahan). Issue The City is proposing to establish easements over and across a portion of Lot 19 in the County for the location of a sanitary sewer lift station and a 200 - 300 foot paved access road to serve the Kivlahan Subdivision in the City. The lift station and access road are hereafter referred to as the "Lift Station." Gartners are opposed to the Lift Station on their property in the County to service a 00 Subdivision. FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.c. To the Mayor and Members ofthe City Council December 19,2005 Page 2 Zoning Commission - Kivlahan Subdivision The Kivlahan Subdivision was submitted to the Zoning Advisory Commission on April 4, 2001. The City staffrecommended approval of the preliminary plat of the subdivision and in its report to the Zoning Commission of April 4, 2001 stated in part: The submitted subdivision plat is in substantfal compliance with the City of Dubuque Subdivision regulations and staff recommends the Zoning Advisory Commission approve the plat as submitted. . . . The Minutes of the Meeting of the Zoning Conunission show that staff member Kritz discussed the locations of the Lift Station on the preliminary plat (located in the City of Dubuque) and recommended that the Zoning Commission approve the preliminary plat. It should be noted that Kivlahan made provisions for the Lift Station on his City property . City Council A final plat of Kivlahan Subdivision was presented to the City Council on September 19,2005. Prior thereto on September 9, Laura Carstens, Planning Services Manager of the City in a report to the City Manager dated September 9,2005 stated in part: The Engineering Department and Water Department have reviewed the submitted plat for compliance with stonn water detention, sanitary sewer and water main installation requirements and Codes. The submitted final plat and improvement plans are in substantial compliance with the City of Dubuque Subdivision regulations. A copy of the recommendation was sent not only to the City Manager but also to the City Engineer and Water Department Manager. The report recommended approval of the Kivlahan final plat of Arbor Estates Subdivision Phase III showing the Lift Station on City property. FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. To the Mayor and Members of the City Council December 19, 2005 Page 3 On September 9, 2005 the City Manager submitted his report to the Mayor and the City Council stating that Laura Carstens recommended approval of the final plat and stated ") concur with the recommendation and we respectfully request the Mayor and City Council approval." A copy of the recommendation of the City Manager was directed to the attention of Corporation Counsel, Assistant City Manager and Laura Carstens. Thus, at this point all of the City officials appear to agree on the final plat and location of the Lift Station in the City on Kivlahan property. The City Council agenda for the meeting of September 19,2005 showed as an action item approval of the final plat of Phase III of Arbor Estates as requested by Kivlahan. Note that the final plat provided for Lift Station on Kivlahan's property which was the proposal submitted to the City Council on September 19. Based upon the recommendation of Laura Carstens and the City Manager, the City Council approved the final plat (Resolution 450-05) with the Lift Station on Kivlahan's City property . Change of Plans One month and two days after approval by the City Council (October 21, 2005), the City Engineer proposed in a letter (copy attached) to Gartners that the Sanitary Sewer Lift Station be constructed on their property in the County. The City Engineer stated in that communication that "The developer of Arbor Estate [Kivlahan] has adequately designed the Lift Station to serve his development." Was the proposal to locate the Lift Station in the County at the time the final plat was approved by the City Council? Obviously the Gartners have no knowledge of the plans of the City but it seems likely that such a proposal would have been considered by the City before the final plat was approved by the Council. After all, the matter was not submitted to the Council for several years after approval by the Zoning Commission. Why wasn't this information disclosed to the public and particularly the Gartners prior to the submission of the final plat to the Council with the unanimous recommendations of the City staff to approve the final plat with the Lift Stations on Kivlahan's property. On the same date [September 19, 2005], that the final plat of Kivlahan's subdivision was approved showing the location of the Lift Station on Kivlahan's property, the Council entered closed session allegedly to discuss "pending litigation FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. To the Mayor and Members of the City Council December 19,2005 Page 4 and property acquisition." WHAT IS GOING ON HERE? Was the Gartners' property discussed in closed session on September 19th? Did the Council approve a final plat with the Lift Station on Kivlahan's property and then enter a closed session to disapprove the final plat with respect to the location of the Lift Station on the Gartners' property in the County. It is impossible to detennine which closed sessions were held to discuss Gartners' property as closed sessions were held September 19, October 3, October 17, November 7, November 21 and December 5 all of which made reference to property acquisition. There followed a letter of November 23,2005 to Gartners (copy attached) again proposing an easement for the sanitary sewer on Gartners' County property to service Kivlahan's property in the City and possibly other properties. The letter stated that the City Manager and the City Engineer had further discussions with the Council concerning the matter. Another closed session to discuss easements over Gartners' property? Were reasons given in closed session for location of Lift Station in the County? Discussion Mr. and Mrs. Gartner do not wish to have a Lift Station and a 200 - 300 foot paved road to the Lift Station located on their County property. The Lift Station would serve Kivlahan's property in the City. The City has a limited right to condemn property in the county. This case certainly does not set up a good reason when the developer of the Kivlahan property has made arrangements for location of the Lift Station on his City property to serve his development. Further, no reason has been publicly articulated for the location of the Lift Station on County property. In our view there are serious questions concerning the propriety of closed sessions if not directly related to any increase in cost to the City in the event of prior disclosure of the City's intent to condemn the property. The public and Gartners are entitled to know these facts and reasons. It was disclosed to Gartners that the City wanted their property for the Lift Station as early as October 21 in the letter from the City Engineer to Gartners. Was there discussion of future annexation in the closed meeting with the Council? Was there discussion that the City or Kivlahan would save money? Was there discussion of other reasons for condemning county property to serve a City subdivision? Did the City have doubts about the right to acquire County FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.c. To the Mayor and Members of the City Council December 19,2005 Page 5 property in this case. If so, those items are not a proper subject for a closed session under Chapter 21 of the Iowa Code. Request of Council It is respectfully requested that the City Council terminate its efforts to force Gartners to permit the Lift Station on and across their property in the county. In other words, follow the actions of the City Council on September 19 in approving the final plat with the Lift Station located on the Kivlahan City property. Very truly yours, AJC/jar cc: City Manager Barry Lindahl, City Corporation Counsel FUERSTE, CAREW, COYLE, JUERG~N & SUD'MEIE!-, P.C. /I, ," // // ! .' // (. '/ . BY: (/ x(_{!~fif:>/ AL~.~ J. CAREW "/ ) Engineering Division 5() West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4270 ~19) 589-4149 FAX 5~O~~JE ~<k~ November 23, 2005 John and Pamela Gartner 926 Barbara Lee Drive Dubuque, IA 52003 RE: Lot 19 of Forest Grange Subdivision Lift Station Dear Mr. & Mrs. Gartner: This is a follow-up to my October 21, 2005 letter regarding an easement for a sanitary sewer lift station at the low point of your lot on Forest Meadow, legally described as Lot 19 of Forest Grange Subdivision. This is a very important public improvement project for the City of Dubuque. City Manager Michael C. Van Milligen and I have discussed this matter further with the City Council. The City Council has authorized me to continue negotiations necessary to acquire an easement for the proposed lift station. You had previously indicated that you were not interested in discussing the easement. This letter requests that you allow me an opportunity to provide you with additional information about this project. I would like to meet with you in the near future to discuss this project. I will be calling you hopefully to arrange a meeting in the near future. A:C~ Gus Psihoyos City Engineer cc: Barry Lindahl, Corporation Counsel Ron Turner, PLS Todd Irwin, Engineering Service People Integrity Responsibility Innovation Teamwork '- Engineering Division 50 West 13th Street Dubuque. Iowa 52001...4864 (319) SB9-4270 (319) 5B9-4149 FAX 5i:iB~E ~ck~ October 21, 2005 John and Pamela Gartner 926 Barbara Lee Drive Dubuque, IA 52003 RE: Lot 19 of Forest Grange Subdivision Dear Mr. & Mrs. Gartner: 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. Typically, the lift station should be located at the lowest point of the area to be developed. The developer of Arbor Estates has adequately designed the lift station to serve his 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 was considered. Therefore, the City of Dubuque would like to discuss with you the possibility of locating a sewage lift station at the low point of your lot on Forest Meadow legally described as Lot 19 of Forest Grange Subdivision. The proposed lift station would occupy an area about 20 feet square located about 300 feet from Forest Meadow. Access to the lift station would be from the south off of Arrowwood Lane. The City of Dubuque would pay for all the costs associated with the transaction. Please give the above some consideration and Ron Turner from the Engineering Department will contact you in the near future to discuss this matter. I have attached a map of the area with the approximate location of the lift station. Sincerel~ _.stf~~ Gus Psihoyos City Engineer Ron Turner, PLS Todd Irwin, Engineering Attach. cc: ICj2(P t.;.N /vlJJ-x)C~ q:lb A>'l Service People Integrity Responsibility Innovation Teamwork