Sale of Property - 595 Angella Street_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Sale of Property-595 Angella Street
SUMMARY: City Manager recommending a public hearing be set for
July 18, 2016, on the sale of property located at 595
Angella Street to Craig Nesteby.
RESOLUTION of Intent to dispose of City of Dubuque real
estate, setting a time and place for hearing and providing
for the publication of notice thereof
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 7/18/16
ATTACHMENTS:
Description Type
City's intent to dispose of 595 Angella Street-MVM City Manager Memo
Memo
Staff Memo 595 Angella Staff Memo
Notice of Hearing 595 Angella Supporting Documentation
Resolution of Intent Resolutions
THE CITY OF Dubuque
UBE I
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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: Contract for Sale of Property Located at 595 Angella Street
DATE: June 29, 2016
Housing and Community Development Department Director Alvin Nash recommends
the City Council set a public hearing for July 18, 2016, on the sale of property located at
595 Angella Street to Craig Nesteby, a local contractor, to purchase the property for
$250, remove the deteriorated frame and use the existing foundation to build a single
family owner-occupied structure for himself.
595 Angella Street is a vacant/abandon property which the City of Dubuque took
possession of in February 2015 through Court Order by filing for Petition for Title.
Nesteby will be responsible for the removal and disposal of the deteriorated frame,
construction of a single family home on the existing foundation within one-year of City
Council approval, payment of the $250 bid price and maintenance the lot and public
walks. Upon fulfillment of this agreement, the City then would deed the property over to
Nesteby.
The 21 year restrictive covenant has already been attached to the property with the
following provisions: The real estate will be restricted for residential use for no more
than one (1) private single-family residential use. The real estate must be owner
occupied. Rental of the real estate is not allowed. No portion of the real estate can be
rented as an apartment.
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
Alvin Nash, Housing & Community Development Department Director
THE CITY OF Dubuque
AII11-America CiI.ty
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Masterpiece on the Mississippi 2007.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Contract for Sale of Property Located at 595 Angella Street
DATE: June 27, 2016
Introduction
The purpose of this memo is to propose the Contract for Sale of the property located at
595 Angella Street to Craig Nesteby, a local contractor, to purchase the property,
remove the deteriorated frame and use the existing foundation to build a single family
owner-occupied structure for himself.
595 Angella Street is a vacant/abandon property in which the City of Dubuque took
possession of in February 2015 through Court Order by filing for Petition for Title.
Background
The City of Dubuque took possession of 595 Angella Street in February 2015 through
Court Order by Petition for Title. Previous to the City taking possession, the property
was a construction project consisting of a foundation and partially framed structure that
didn't meet required setbacks. The owner of the property had discontinued construction
and was not maintaining the property.
Upon taking possession of the property in February 2015, the Building Department
offered the property for sale through a closed bidding process. There was limited
response and the highest bidder was not accepted for the project. Staff review of the
abstract indicated that the current foot print of the foundation and structure did not meet
the required set-backs. A request was granted by the Zoning Adjustment Board for a
variance on required set-back requirements.
The adjoining property owner also submitted a proposal that was rejected because of
their desire to convert the property into a single family college rental. The rental would
have increased the number of people utilizing street parking which is already limited
because of other rentals in the neighborhood.
Discussion
City staff recently received a bid proposal for $250 from Craig Nesteby, a local
contractor, to purchase the property, remove the deteriorated frame and use the
existing foundation to build a single family owner-occupied structure for himself.
Upon approval of this proposal, a Real Estate Contract will be executed, as well as a
contractual agreement. Nesteby will be responsible for the removal and disposal of the
deteriorated frame, construction of a single family home on the existing foundation
within one-year of City Council approval, payment of the $250 bid price and
maintenance the lot and public walks. Upon fulfillment of this agreement, the City then
would deed the property over to Nesteby.
The 21 year restrictive covenant has already been attached to the property with the
following provisions: The real estate will be restricted for residential use for no more
than one (1) private single-family residential use. The real estate must be owner
occupied. Rental of the real estate is not allowed. No portion of the real estate can be
rented as an apartment.
Action Step
The action requested of the City Council is to approve the attached resolution, declaring
the City's intent to dispose of the property and set the date for the public hearing for July
18, 2016, to receive comments on the proposed sale and recommend the City Council
approve the Contract for Sale of the property to Craig Nesteby in accordance with the
above discussion and attached Agreement.
2
RESOLUTION NO. 265-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE,
SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa (City) is the owner of 595 Angella Street
(the Property) legally described as:
Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa,
according to the recorded Plat of said Addition
WHEREAS, City acquired the Property as vacant/abandoned property in which
the City of Dubuque took possession of in February 2015 through Court Order by filing
for petition for; and
WHEREAS, City and Craig Nesteby entered into a Contract Agreement pursuant
to which City will convey the Property to Craig Nesteby as approved by the City Council;
and
WHEREAS, conveying the Property to Craig Nesteby is consistent with the City's
intent for this specific property; and
WHEREAS, City desires to hold the required public hearing and conveyance of the
Property to Craig Nesteby.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the
following legally described property:
Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa,
according to the recorded Plat of said Addition
Section 2. That the City of Dubuque,. Iowa, proposes to dispose of its interest in
the Property to Craig Nesteby for the sum of Two Hundred Fifty dollars ($250.00).
Section 3. That the City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the Property to be held on the 18th day
of July, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Passed, approved and adopted this 5th day of Jul , 2016.
Roy D. Buol7 Mayor
ATTEST:
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Kevi . Firnstahl, Cit -Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
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hold a public hearing on the 18 day of July, 2016, at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest in the following described real propertyby
sale to Dawn M. Adams:
Lot 21 of Quigley’s Subdivision of Out Lot 709, in the City of Dubuque,
Iowa, according to the recorded plat thereof (locally known as 595 Angella
Street)
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments
regarding the above public hearing may be submitted to the City Clerk’s Office, City
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Hall, 50 W. 13 Street, on or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk’s
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or
TTY (563) 690-6678 at least 48 hours prior to the meeting.
Dated this 8th day of July, 2016.
Kevin S. Firnstahl, CMC
City Clerk
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