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911 High Bluff Retaining Wall Repair_InitiateTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 911 High Bluff Retaining Wall Repair DATE: October 10, 2008 City Engineer Gus Psihoyos is recommending approval of emergency repairs to the retaining wall at 911 High Bluff and the street pavement of Thomas Place. I concur with the recommendation and respectfully request Mayor and City Council approval. ~ ~ ,. / „~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer TO: Michael C. Van Milligen, City Mann er FRONT: Gus Psihoyos, City Engineer '~` SUBJECT: 911 High Bluff Retaining Wall Repair D~-TE: October 10, 2008 INTRODUCTION This memo requests the City Council meet in special session to approve the attached resolution authorizing emergency repairs to the private retaining wall at 911 High Bluff and the street pavement of Thomas Place. DISCUSSION The retaining wall located on private property at 911 High Bluff Street is failing and in a state of impending collapse. The Engineering Department has been monitoring the wall for some time. The Thomas Place Street right-of-way is adjacent to the top of several private retaining walls between Stafford and Farley Streets. Due to the lateral movement of the private wall behind 911 High Bluff, the street pavement has settled and collapsed. The Engineering Department closed Thomas Place in April, 2008 due to the pavement failure and concerns that the retaining wall was about to collapse onto the residence at 911 High Bluff. The Building Services Department alerted the residents of 911 High Bluff of the failing retaining wall and asked that they not occupy the rear portion of the house for safety. A letter was sent to the residents of 911 High Bluff on April 22, 2008 that they had until September 1, 2008 to repair the retaining wall. The property owner did not respond by the date specified. Engineering staff has attempted to contact the property owner to discuss a resolution to completing the wall repair work; however the property owner has been non-responsive. On October 1, 2008, Officer Robert Flannery served the property owner with an official notice to you that the City of Dubuque intends to proceed with an emergency repair of the retaining wall behind the property at 911 High Bluff in compliance with Iowa Code. It is the City's understanding that the property owner has retained legal counsel since it is their contention that the wall ownership and repair is the responsibility of the City. The Engineering Department has worked with FEMA on possible federal assistance to repair the wall. Recently FEMA has denied that request. IIW Engineers & Surveyors, P.C. (IIW) was retained by the City of Dubuque to provide structural engineering design and analysis of the retaining wall. IIW will continue to be part of the design, development, and construction phases of the project. With weather permitting, this work will be completed by year-end. BUDGET IMPACT The City has an annual program for maintenance and repair of stone retaining wall budgeted in the five-year capital improvement program (CIP 2501029). Since the City is in need to repair six retaining walls in Fiscal 2009 ($1,806,100), the following Fiscal Year 2009 CIP projects have been canceled and will be considered in the FY2010 budget process: Improvements to the 18t" Street Building ($665,526); Foye, Merchant, and Gold Street Reconstruction ($554,000); Four Mounds Road Improvements ($164,000); and Cold Storage Building Mezzazine Project -Municipal Services Building ($20,700); and City Hall Window Washing ($15,000). The High Bluff/Thomas Place retaining wall is currently estimated at $107,525. ACTION TO BE TAKEN In the interest of public safety, the City Council is requested to approve the emergency repairs of the private retaining wall at 911 High Bluff and the pavement of Thomas Place and to solicit competitive quotations for the project through adoption of the attached resolution. Prepared By: Jon Dienst, Civil Engineer cc: Barry Lindahl, City Attorney Bob Schiesl, Assistant City Engineer Dennis Waugh, IIW Engineers & Surveyors, PC =~ October 10, 2008 ,~ !, ~~ ~.. t 7d 1 1 ~_ _ 1 ) 1 Gus Psihoyos ~. t ) City of Dubuque -Engineering Department ~' 50 West 13th St. Dubuque, IA 52001 Denny F. watrgh, PEfSE Charles A. Cate, PE Gary D. Seji<ora, PE Re: Thomas Place Retaining Wall M;chae~ :~. Jansen, PE:/SE Ronald A. Balmer, pE/SE IIW Project No: 08109-03 Jonn hl. Tra„mer. PLS Timothy J. Tranel, PE Jahn F. Wandsnider, Pi Julie P. Neebet, PE Dear Mr. Psihoyos: James P. Kaune, PE Thomas J. Oster, PLS We have observed the condition of the Thomas Place retaining wall. This wall was endangering ~~~ft-~ ~T(,BlandfitPpE adjacent property, including an occupied house that would be severely damaged if the wall Eviarlc C. Jobgen, PE: collapsed. Since it supports a street that is a principal access to several properties, restoring the i auren N. Ray.. Fl_isl= use of this street is essential for public safety, especially emergency vehicle access. Also Bradley J. Mootz; pT;SG Cody'f, rlustirt, pT; considering the time of year for weather sensitive construction, it is necessary to replace this wall immediately because of the imminently dangerous conditions. Pursuant to the Emergency Work provisions of Section 384.103 of the Code of Iowa, I hereby certify that this is necessary work for this public improvement and that delay of advertising and public letting might cause serious loss or injury to the City and public safety. I hereby certify that this engineering document was prepared by me and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. IIW INFERS SURVEYOR P.C. Civit Engineering Structural Engineering `,rrrr~Itrf/-/`/r Environmental Eng;neering .-~'"" e~~~ ~ >~ 0®~F IYTunicipai Engineeriatg Dennis Waugh, P.E. bdo t d.o.~a.~ ~+~ Transportation Engineering Iowa Reg. No. 8909, renewal 12/31/2009 ~~ •'``~ ~"•~, °°° .4rch;techrral Engineering ,~° '~~®ENN~S~ F. `3 d Land Surveying ~ ~ Wau~~ ~ a Quality Conirol Testing ®°•••s~o NAL ~~®'o® ®®®erarrrrar~ 4155 Pennsylvania Avenue I3ubu~ne, Eowa 52002-2528 (563) SSfi-2454 1 1 W E ri g i n e e C S c~L S u !` V e y O r S, P C (553) 556-7811 fax Dubuque, IA Hazel Green. WI wwtiv.iiwengr,com GVTF.GRIT}'. E.IP['RTISIi. SOLUTT(~,NS. t ' -_ _u ~____ _ RESOLUTION NO. 359-08 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL BEHIND 911 HIGH BLUFF AND THE THOMAS PLACE STREET PAVEMENT Whereas, a private retaining wall behind 911 High Bluff is failing and the pavement on Thomas Place has collapsed as the result of the failing private retaining wall; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public improvement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or dismantling of a dangerous structure and if the property owner does not perform the action, in an emergency a city may perform the action and assess the costs to the property owner. Whereas, the City Council finds that the condition of the retaining wall is a dangerous structure and constitutes an emergency and that an emergency repair of the retaining wall and adjoining public street supported by the retaining wall is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifying that emergency repairs to the retaining wall and street are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the retaining wall behind 911 High Bluff and the Thomas Place street pavement. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Passed, adopted and approved this 13th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk October 1St, 2008 TO: Chief Kim Wadding FROM: Officer Robert Flannery #15A RE: #08-45968; Agency assist with the City of Dubuque Engineer Dept. Sir: On 10101/08 this reporting officer was assigned to assist Bob Schiesl of the City Engineering Dept. I went to his office at City Hall and he gave me a letter addressed to Chris Blakeman,or Heather Haley at 911 High Bluff and asked me to serve this letter to one of those two people personally. Upon arrival at 911 High Bluff, I encountered a subject who identified himself as Christopher Blakeman, DOB: 08!29/78 of 911 High Bluff. I did serve him the letter from the City Engineering Dept. This would have been at approximately 1215 hrs. on 10/01/08. Respectfully submitted, Officer Robert Flannery #15A Cc: Bab Schiesl, City Engineering jmm 10/01/08 l~>is)'~'1( THE CITY OF Masterpiece on the Mississippi September 30, 2008 Christopher J. Blakeman Heather M. Haley 911 High Bluff Dubuque, IA 52001 Dear Mr. Blakeman & Ms. Haley: Engineering Department City Hall 50 West 13th Street Dubuque, Iowa, 52001-4864 563.589.4270 563.589.4205 (Fax) www.cityofd ubuq ue.org The purpose of this letter is to provide official notice to you that the City of Dubuque intends to proceed with an emergency repair of the retaining wall behind your property at 911 High Bluff: Iowa Code § 364.12 Responsibility for public places, provides: **** 3. A city may: c. Require the removal, repair, or dismantling of a dangerous building or structure. Iowa Code § 364.12(3) (h) provides further: If the property owner does not perform an action required under this subsection within a reasonable time after notice, a city may perform the required action and assess the costs against the property for collection in the same manner as a property tax. Notice may be in the form of an ordinance or by certified mail to the property owner as shown by the records of the county auditor, and shall state the time within which action is required. However, in an emergency a city may perform any action which may be required under this section without prior notice, and assess the costs as provided in this subsection, after notice to the property owner and hearing. Although we believe that this constitutes an emergency situation, we have attempted to provide notice to you by certified mail but you have refused to accept the certified mail. You were sent a letter dated April 22, 2008, from the Building Services Department concerning the condition of said retaining wall and advised that corrective action be taken by September 1, 2008. On April 25th, 2008 the Engineering Department ordered Thomas Place closed to vehicular and pedestrian traffic in the interest of public safety due to the observed deteriorated condition of the retaining wall behind your property at 911 High Bluff. On May 19, 2008, the Building Services Department issued a Notice of Violation of Chapter 11, Section 102 of the City of Dubuque Code of Ordinances. Our records indicate a 1964 survey that showed the wall to be located on private property and not in the street right-of-way. (This plat is recorded in Book of Plats No. 29, Page 393 at the Dubuque County Recorder's Office.) Based on these records, the wall clearly benefits the property owner by allowing the construction of the home at 911 High Bluff within a few feet of the street. Although the City maintains a traveled roadway (Thomas Place) adjacent to the top of the wall, the party responsible for the maintenance or replacement of the wall would be that party who caused the need for the retaining wall to be built originally. Because the retaining wall is on private property, we believe that it was constructed for the benefit of the property owner. Your lack of response and corrective actions to repair the retaining wall located on private property before the September 1st, 2008 deadline gives the City of Dubuque no choice but to move forward with an emergency repair of the retaining wall behind your property at 911 High Bluff. In order to ensure public safety along the right-of-way of Thomas Place, the retaining wall behind your property at 911 High Bluff will be removed and replaced and the roadway (Thomas Place) adjacent to the top of the wall will be reconstructed. The City acknowledges the mutual benefit of completing the necessary repairs and restoring the traveled roadway (Thomas Place) adjacent to the top of the wall for public use. Given this consideration, the City will assume all costs related to the reconstruction of the roadway (Thomas Place) adjacent to the top of the wall; however, your property will be assessed the full cost for the removal and replacement of the retaining wall located on private property. You will be notified of the assessment amount once the emergency repairs have been completed. Should you have any questions or need additional information, please contact me at 563.589.4270. Sincerely, Robert D. Schiesl, P.E. Assistant City Engineer City of Dubuque Cc: Gus Psihoyos, City Engineer Jon Dienst, Civil Engineer Barry Lindahl, City Attorney Dennis Hackbarth, Building Inspector Michael Coyle, Attorney, Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C.