655 Gillespie St FMV - Need for Detention Basin
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MEMORANDUM
February 28, 2006
11
TO: The Honorable Mayor and City Council Members
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FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Establishing the Fair Market Value of a Property to be Acquired for
Expansion of the 32nd Street Detention Basin
According to the Bee Branch Drainage Basin Master Plan, the property at 655 Gillespie
Street is one of 16 homes identified for purchase and removal of the residences for
expansion of the 32nd Street Detention Basin.
Adams Appraisal Services appraised the property at 655 Gillespie Street owned by
Gary A. Anderson and established the appraised value at $150,000. On October 10,
2005, an offer to purchase in that amount was made to the property owner; however, no
response has been received to the offer.
Housing and Community Development Department Director David Harris recommends
the City Council establish the fair market value of the property located at 655 Gillespie
Street in the amount of $150,000, for purposes of acquisition of the property for the
expansion of the 32nd Street storm water detention basin.
State law requires the City make a good faith effort to negotiate with an owner before
proceeding with acquisition by eminent domain.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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MEMORANDUM
27 February 06
To: Michael V~~illigen, City Manager
From: David Hiri\s, Housing and Community Development Department
Re: Establishing the Fair Market Value of a Property to be Acquired for
Expansion of the 3200 Street Detention Basin
Introduction
The purpose of this memorandum is to request the City Council to establish fair market
value of a property located at 655 Gillespie Street, for purposes of acquisition of the
property for expansion of the 3200 Street storm water detention basin.
Discussion
The Housing and Community Development has offered to purchase the single family
home located on Gillespie Street from Gary A Anderson, the owner and occupant. The
offer was made on 10 October 2005. This is one of 16 homes identified for purchase
and removal of the residences, for expansion of the detention basin according to the
Bee Branch Drainage Basin Master Plan. This is one of the two homes remaining to be
acquired; construction activities are scheduled to commence this spring.
The Department commissioned an appraisal, byAdams Appraisal Services. The
appraised value was established at $150 000. As we have not reached an agreement
with Mr Anderson to acquire the property, the next step in the acquisition process is for
the City Council to establish the fair market value of the property by resolution.
Action Step
The action requested of the City Council is to adopt the attached resolution establishing
the fair market value of the Gillespie Street property.
cc:
Barry Lindahl, Corporation Counsel
RESOLUTION NO. 73-06
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY
OWNED BY GARY A ANDERSON LOCATED AT 655 GILLESPIE
STREET IN THE CITY OF DUBUQUE
WHEREAS, the City of Dubuque (City) intends to acquire certain properties
located in the area adjacent to the West 32nd Street detention basin for purposes of
storm water mitigation activities as recommended in the 2001 HDR "Drainage Basin
Master Plan;" and
WHEREAS, the City intends to purchase real property owned by Gary A
Anderson legally described as:
Lot 2-1-8 Gillespies Subdivision, in the City of Dubuque, County of Dubuque,
Iowa, (the Property) according to the recorded plat thereof; and
WHEREAS, Iowa law requires City to make a good faith effort to negotiate with
an owner to purchase an interest in real property before proceeding with acquisition by
eminent domain; and
WHEREAS, City may not make an offer to purchase an interest in property which
is less than the fair market value 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 One Hundred and Fifty Thousand Dollars ($150 000);
and
WHEREAS, the City Council now desires to establish the fair market value of the
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The fair market value of the Property is One Hund red and Fifty
Thousand Dollars ($150 000).
Section 2. The City Manager and Corporation Counsel are hereby authorized to
commence negotiations with the owner for purchase of the Property at a price not less
than the fair market value established by this resolution.
PASSED, ADOPTED AND APPROVED this 6th day of March, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Jeanne Schneider, CMC
City Clerk
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H&CD
Housing and Community Development Department
1805 Central- Avenue
Dubuque, Iowa 52001-3656
(563) 589-4239 office
(563) 589-4244 fax
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19 January 06
Gary Anderson
655 Gillespie Street
Dubuque IA 52001
Re: 32nd Street Detention Basin Project
Gary:
On 29 September 05 you were sent a copy of the appraisal and a copy of the
review appraisal for your Gillespie Street property, establishing value at
$150000. On 10 October, you were sent an offer to purchase, in the amount of
$150000.
Subsequently, you expressed a complaint to us about the appraisal and we
arranged for you to discuss this issue with the appraiser.
We subsequently met with you in our office to discuss the terms of the relocation
assistance. During that conversation, you indicated that the $150 000 price was
a fair indication of your property's market value.
You have not, however, either accepted or rejected the City's offer to purchase
YOur property. At this time, we must move ahead with proceedings to acquire.
You must notify our office of your decision no later than 8 February. If you do
not, or if you' decline this offer, we will proceed with the next step in the process,
by placing this matter before the City Council.
Please contact Joleen Patterson in our office, at 589-4239, for additional
information.
Sincerely
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David Harris
Department Director
Service
People
Integrity
Responsibility
Innovation
Teamwork
DATE October 10.2005
CITY:
PROJECT:
The City of Dubuque. Iowa
32nd Street Storm Water Detention Basin
OFFER TO PURCHASE
AND NOTICE OF EARLIEST MOVE DATE
OWNER Gary Anderson
ADDRESS 655 Gillespie
Pursuant to Federal and State regulations, the City of Dubuque, Iowa presents to you Gary Anderson
an offer of One Hundred and Fifty thousand and 00/100 ($150,000), which represents just
compensation for your property.
You will not be required to move from your dwelling or to move your business, farm operation or
non-profit organization without at least a ninety (90) day written notice of the date by which the
move is required. If you must move from your dwelling, this ninety (90) day notice will be based on
a then currently available replacement dwelling or dwellings. However, you will not be required to
move earlier than when notice of a comparable replacement dwelling is available.
You and the City of Dubuque may agree to a date by when you will move which varies from the date
specified in the ninety (90) day notice. If such an agreement is reached, it will be specified in the
contract that you sign with the City of Dubuque, and your agreement will constitute a waiver of the
right to receive a ninety day notice.
If you must move, or move your personal property from your property, you will also receive a written
notice at least 30 days prior to the specific date you either agreed to move or the date when you must
move.
By
Joleen A. Patterson
Relocation Agent
September 29,2005
Gary Anderson
655 Gillespie St.
Dubuque, IA 52001
RE: 32nd Street Storm Water Detention Basin Project
Parcel 14
Gary:
Attached is a complete copy of the appraisal and review appraisal for the acquisition of your property
located at 655 Gillesoie Street. The appraisals indicate the recent appraised value and represent just
compensation, as required by the Code of Iowa. You have the right to review this appraisal for 10
days from the date of this letter, prior to having an Acquisition Agent contact you. However, if you
would like to discuss the acquisition and/or schedule a meeting sooner, you may waive the 10-day
requirement by contacting me at 589-4239.
As a property owner you have certain rights. Enclosed is a copy of the Statement of The Rights of
Individual Property Owners for your review.
Sincerely,
Joleen A. Patterson
Enc.