Bee Branch Creek Restoration Project Property Acquisition_2496 Washington-Morrison Bros. Copyright 2014
City of Dubuque Action Items # 6.
ITEM TITLE: Bee Branch Creek Restoration Project Property Acquisition
-2496 Washington Street
SUMMARY: City Manager recommending the City Council establish the
fair market value of the property owned by Morrison
Brothers on Washington Street between E. 24th Street and
E. 25th Street, authorize the City Manager to begin
negotiations to acquire the property required for the Bee
Branch Creek Restoration Project, and
approve authorization to acquire the property through
eminent domain proceedings should negotiations fail.
RESOLUTION Establishing the fair market value and
authorizing the acquisition by Eminent Domain of Certain
Real Property owned by Morrison Brothers in the City of
Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Bee Branch Creek Property Acquisition-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Attachment Supporting Documentation
Attachment B Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration, Property Acquisition
DATE: December 15, 2015
City Engineer Gus Psihoyos recommends the City Council establish the fair market
value of the property owned by Morrison Brothers on Washington Street between
E. 24th Street and E. 25th Street at the appraised value of$98,000, and authorize the
City Manager to begin negotiations to acquire the property required for the Bee Branch
Creek Restoration Project. Further authorization is sought to acquire the property
through eminent domain proceedings should negotiations fail.
In December of 2001, the City Council formally adopted the Drainage Basin Master Plan
prepared by HDR Engineering. Based on the study, approximately 1,150 homes and
businesses in the Bee Branch watershed are at risk of flood damage.
Acquisition of the Property will allow for the complete removal of Washington Street
between 24th and 25th Street and the removal of the alley that runs from 24th to 25th
Street between Washington Street and Elm Street, all of which would result in the
elimination of more impervious land cover than what would have been achieved through
the reconstruction of the alley as a "green", pervious alley. This would also result in the
elimination of the continued costs associated with maintaining the paved street and
alley surfaces.
Additional cost savings would also be realized in that soil excavated as part of the creek
construction project could be placed as fill over Washington Street between 24th and
25th Street versus hauling the material off site.
Ultimately, following completion of the Bee Branch Creek Restoration Project, the
additional green, pervious green space created by the removal of the acquired
properties would be utilized to expand the limits and function of Comiskey Park.
Acquiring the Property would result in an estimated $70,000.00 in savings to the City.
This is based on $350,000 in savings realized by eliminating the green alley and public
utilities improvements that would serve the lots along Washington Street offset by the
costs associated with purchasing and clearing the Morrison Brothers property and the
recently acquired Chamberlain properties on Washington Street between 24th and 25th
Streets.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CITY OFC _ DtibugLLe
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Masterpiece ori the Mississippi 211117-2.011
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TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
DATE: December 14, 2015
SUBJECT: Bee Branch Creek Restoration, Property Acquisition
INTRODUCTION
The purpose of this memorandum is to establish the fair market value of the property
owned by Morrison Brothers on Washington Street between E. 24th Street and E. 25th
Street and seek authorization for the City Manager to begin negotiations to acquire the
property required for the Bee Branch Creek Restoration Project. Further authorization is
sought to acquire the property through eminent domain proceedings should negotiations
fail.
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 Street to 24th and Washington
Street, establishing the properties to be acquired for the Bee Branch Creek Restoration
Project.
In May of 2011 the City Council authorized the purchase of four additional properties at
the confluence of Comiskey Park, the Heritage Trail, and the Bee Branch Project. It was
important to address the safety of pedestrians that will travel between the three
attractions. The additional property was required to create a safer, attractive connection
between Comiskey Park, the Heritage Trail, and the linear park that is the Bee Branch
Creek Restoration Project.
In August of 2015, the City Council adopted Resolution 291-15 authorizing the
acquisition of 2442-2446 Washington Street and 2450 Washington Street for the Bee
Branch Creek Restoration Project.
DISCUSSION
The Bee Branch Creek Restoration Project (Phase 7 of the Bee Branch Watershed
Flood Mitigation Project) includes improvements north of E. 24th Street at Washington
Street adjacent to Comiskey Park. See Attachment A. One of the Upper Bee Branch
Creek Restoration Project objectives is to create a safer, attractive connection between
Comiskey Park, the Heritage Trail, and the linear park that will result from the Bee
Branch Creek Restoration Project. In addition, the scope of the larger Bee Branch
Watershed Flood Mitigation Project includes the conversion of the alley between
Washington Street and Elm Street that runs from E. 24th to E. 25th Street into a green
alley, including the reconstruction of the sanitary sewer and water main. The estimated
cost of the alley improvements (pervious pavement system, sanitary sewer, and water
main), is $350,000.00.
The reconstructed alley, sanitary sewer, and water main will provide service to just one
vacant house, 2496 Washington Street, and six vacant lots (the Property) owned by
Morrison Brothers. Therefore, it is prudent to consider acquiring the Property valued at
$98,000 instead of expending $350,000 to construct the infrastructure improvements
that would serve the Property.
Acquiring the Property will result in more space available to the contractors to store
materials and equipment, maneuver equipment, and construct the improvements as
outlined in the plans. It will allow the public and area residents more use of streets along
the project corridor. Because of the narrow project corridor, the construction contractors
are currently competing with local residents for off-street parking spaces. The
contractors are using areas within the footprint of the project as much as they can. But
as the construction moves towards completion, this will shrink so that their need to
utilize adjacent streets will increase, especially at E. 24th Street.
Acquisition of the Property will allow for the complete removal of Washington Street
between 24th and 25th Street and the removal of the alley that runs from 24th to 25th
Street between Washington Street and Elm Street, all of which would result in the
elimination of more impervious land cover than what would have been achieved through
the reconstruction of the alley as a "green", pervious alley. This would also result in the
elimination of the continued costs associated with maintaining the paved street and
alley surfaces.
Additional cost savings would also realized in that soil excavated as part of the creek
construction project could be placed as fill over Washington Street between 24th and
25th Street versus hauling the material off site.
Ultimately, following completion of the Bee Branch Creek Restoration Project, the
additional green, pervious green space created by the removal of the acquired
properties would be utilized to expand the limits and function of Comiskey Park. See
Attachment B.
For these reasons, it is in the City's best interest to purchase the property owned by
Morrison Brothers along Washington Street between 24th and 25th Street.
2
Based on the appraisal commissioned by the City, the value of the Property, legally
described as Lots 13, 14, 15, 16, 17, N. Y2 18 and 20 of O. S. Langworthy's Addition,
Dubuque, Iowa, is $98,000.00.
RECOMMENDATION
I recommend that the City establish the fair market value of 2496 Washington Street
and six vacant lots along the same street between E. 24th and E. 25th Streets at the
appraised value of $98,000.00 and that the City Manager begin negotiations with the
property owner. And should negotiations fail, I recommend that the City acquire the
property through eminent domain proceedings.
BUDGET IMPACT
The FY2016 Capital Improvements Program (CIP) Budget includes $3,939,820 for the
acquisition of property for the Bee Branch Creek Restoration Project (CIP# 7201654).
Acquiring the Property would result in an estimated $70,000.00 in savings to the City.
This is based on $350,000 in savings realized by eliminating the green alley and public
utilities improvements that would serve the lots along Washington Street offset by the
costs associated with purchasing and clearing the Morrison Brothers property and the
recently acquired Chamberlain properties on Washington Street between 24th and 25th
Streets.
REQUESTED ACTION
I respectfully request that the City Council adopt the attached Resolution:
1. Establishing the fair market value of the Property to be $98,000.00;
2. Authorizing the City Manager to commence negotiations with the Owner of the
Property and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this
resolution; and
3. Authorizing the City Manager to acquire the property through eminent domain
should negotiations fail.
Attach.
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Steve Brown, Project Manager
Deron Muehring, Civil Engineer II
3
RESOLUTION NO. 440-15
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE
ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY
MORRISON BROTHERS IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque. (City) intends to acquire certain real property owned
by Morrison Brothers (Owner), at 2496 Washington Street and six lots along the same
block legally described as follows (the Property):
Lots 13, 14, 15, 16, 17, N. '/2 18 and 20 of O. S. Langworthy's Addition, all in the City
of Dubuque, Dubuque County, Iowa
for the purpose of expanding the limits and function of a City park, Comiskey Park;
and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the Property before proceeding with condemnation; and
Whereas, City has caused an appraisal of the property to be made and the appraised
value of the property is $98,000.00; 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 hereby established to be
$98,000.00.
Section 2. The City Manager is hereby authorized to commence negotiations with the
Owner of the Property and any other interested parties for the purchase of the Property
for a purchase price which is not Tess than the fair market value established by this
resolution.
Section 3. The City Manager is hereby authorized to commence proceedings for the
acquisition of the Property by eminent domain should negotiations fail.
Passed, approved and adopted this 21st day of December, 2015
Roy D. Buol, Mayor
Attest:
Kevin FirnstahI, City Clerk
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