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Wartburg Place ReconstructionAugust 1, 2001 CITY OF DUBUQUE Dubuque, Iowa Dear Honorable Mayor, City Manager, and City Council Members: Our street, Wartburg Place, is scheduled for re-paving this summer. The bids are due on August 20, 2001. Historically, Wartburg Seminary has owned all of the property on the west side of the street and some of the property on the east side. The balance of the property on the east side, which runs for approximately 1,000 feet is owned by only two families and Wartburg Place dead ends into a private dead end street, Sunset Ridge. The intention of the two families who own the last 1000' of street frontage is never to develop this land and keep our single family dwellings and character of properties intact as is. There has never in the history of the street been a sidewalk on the east side of the street for the last 1000 feet, since all foot traffic is served by an existing west side sidewalk which has adequately served Wartburg Seminary students and faculty, and the small number of private street residents for many years. When the street is to-paved, the existing west side sidewalks will, of course, be re-placed, but now there is a new sidewalk scheduled to be placed on the opposite east side, where there has never been a sidewalk. This new sidewalk will cause the destruction of many healthy mature trees and shrubs. In keeping with the cities' commendable new policy of preserving existing trees and shrubs whenever possible during re-paving, it seems unreasonable to create a sidewalk which would only lead to the adjacent private, dead end street which by choice has had no sidewalks since it was developed (for more than 40 years). In addition, the installation of 1,000 feet 6fnew sidewalk will create an undue burden for the two owners for maintenance during the winter months. We, the residents of 384 Wartburg Place and 480 Wartburg Place do formally and respectfully protest the creation of a new sidewalk where one has never been, a sidewalk that essentially leads no where, that will cause tree and shrub destruction, that will alter and mar the character of the neighborhood, that will cost $16,000 unnecessary dollars and create a burden of maintenance for the Owners. Respectfully submitted, Timothy and Christine Conlon Mrs. Jean Woodward Bob Woodward CITY OF DUBUQUE, IOWA MEMORANDUM August 2, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Wartburg Place Reconstruction Public Works Director Mike Koch is recommending proceeding with the War[burg Place Reconstruction Project. The project will consist of the complete reconstruction of the existing base and pavement surface for War[burg Place and a cul-de-sac constructed at the end of Wartburg Place before Sunset Ridge, which is a private street. The current street width is only 24 feet wide with parking prohibited on both sides of the street. With the reconstruction these conditions will remain. 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 Michael A. Koch, Public Works Director Prepared by: Michael A. Koch, Public Works Director Address: 50W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of June, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the War[burg Place Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this day of _, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by:. Michael A. Koch, Public Wonts Director Address: 50 W. 13t~ Stmet~ Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WARTBURG PLACE RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Wartburg Place Reconstruction Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offedng objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been dully considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held On the day of __, , next at 6:30 p.m. in , with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, approved and adopted this day of ,2001. Atte~: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk August 1, 2001 CITY OF DUBUQUE Dubuque, Iowa Dear Honorable Mayor, City Manager, and City Council Members: Our street, Wartburg Place, is scheduled for re-paving this summer. The bids are due on August 20, 2001. Historically, Wartburg Seminary has owned all of the property on the west side of the street and some of the property on the east side. The balance of the property on the east side, which runs for approximately 1,000 feet is owned by only two families and Wartburg Place dead ends into a private dead end street, Sunset Ridge. The intention of the two families who own the last 1000' of su'eet fi'ontage is never to develop this land and keep our single family dwellings and character of properties intact as is. There has never in the history of the slreet been a sidewalk on the east side of the street for the last 1000 feet, since all foot traffic is served by an existing west side sidewalk which has adequately served Wartburg Seminary students and faculty, and the small number of private street residents for many years. When the street is re-paved, the existing west side sidewalks will, of course, be re-placed, but now there is a new sidewalk scheduled to be placed on the opposite east side, where there has never been a sidewalk. This new sidewalk will cause the destruction of many healthy mature trees and shrubs. In keeping with the cities' commendable new policy of preserving existing trees and shrubs whenever possible during re-paving, it seems unreasonable to create a sidewalk which would only lead to the adjacent private, dead end street which by choice has had no sidewalks since it was developed (for more than 40 years). In addition, the installation of t,000 feet 0fnew sidewalk will create an undue burden for the two owners for maintenance during the winter months. We, the residents of 384 Wartbnrg Place and 480 Wartburg Place do formally and respectfully protest the creation ora new sidewalk where one has never been, a sidewalk that essentially leads no where, that will cause tree and shrub destruction, that will alter and mar the character of the neighborhood, that will cost $16,000 unnecessary dollars and create a burden ofmaintenance for the Owners. Respectfully submitted, T/mothy and Christine Conlon Mrs. Jean Woodward Bob Woodward CITY OF DUBUQUE, IOWA MEMORANDUM June 20, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City COuncil Members Michael C. Van Milligen, City Manager Wartburg Place Reconstruction Public Works Director Mike Koch recommends initiation of the bidding process for the Wartburg Place Reconstruction Project, and further recommends that a public hearing be set for August 6, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. rv~chael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM June 19, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Wartburg Place Reconstruction INTRODUCTION The enclosed resolutions authorize the public bidding procedure for the Wartburg Place Reconstruction Project. DISCUSSION The project will consist of the complete reconstruction of the existing base and pavement surface for Wartburg Place and a cul-de-sac constructed at the end of Wartburg Place, before Sunset Ridge (a private street). The street width is only 24 feet wide; however, parking is prohibited on both sides of the street. Since there is a parking prohibition on both sides of the street, the existing 24-foot width will be retained; however, the 6-inch wide curb will bring the street width to 25 foot from back of curb to back of curb. tn fact, this configuration carries more traffic than a 31-foot wide street with parking allowed on one side. To my knowledge, the City has never received a request to widen this street, and widening would have a negative impact on a parallel row of evergreens located just off the right-of-way. These evergreens would need to be pruned back about three (3) feet if the street were to be widened. Sunset Ridge is a private street; however, the City has historically plowed the snow on the street, in exchange for the snow plows being able to turn around in the cul-de-sac at the bottom on Sunset Ridge. This plowing has been eliminated since last year; and therefore, a new cul-de-sac or other turnaround must be provided to the Operations Department for the aforementioned purchase. The new cul-de-sac will be totally located in existing City right-of-way just prior to Sunset Ridge, as shown on the attached plan. A new storm sewer is needed to drain the cul-de-sac and Wartburg Place before the water flows down Sunset Ridge. Negotiations are still taking place to acquire the easement. (If the easement cannot be negotiated, the City Council will be asked to authorize condemnation at the next Council meeting.) The last 600 feet of watermain is to be replaced along with all new valves; the existing sanitary sewer will be updated from 6" to 10" ductile iron pipe. The Engineering and the City Forester have met with some of the residents along the project to discuss the necessary removal of eight (8) trees. The trees are along Wartburg Seminary's frontage, and they do not have any problem with the removal because of the condition of the trees. The schedule for the project will be as follows: Mail Notice to Property Owners Published Notice to Property Owners Notice of Hearing on Plans & Specifications Notice to Bidders Public Hearing Receipt of Bids Award of Contract Completion July 13, 2001 July 13, 2001 July 20, 2001 July 20, 2001 July 20, 2001 August 6, 2001 August 9, 2001 August 20, 2001 June 30, 2002 RECOMMENDATION I would recommend that the City Council give preliminary approval to the Resolution of Necessity and establish August 6, 2001 as the date of the public hearing. BUDGET IMPACT The estimate for the project is as follows: Construction Contract Contingency Engineering $557,840.00 $ 55,784.00 $ 92,043.60 Total $705,667.60 The project will be funded as follows: Road Use Tax Special Assessment to Private Properties Special Assessment Deficiency to be Paid By City Special Assessment for Sidewalk Special Assessment - Water Services Sanitary Sewer Construction Fund Watermain Construction Fund $454,262.74 108,682.51 0 17,316.59 15,895.99 48,682.24 60,827.53 Total $705,667.60 The project will be funded through a CIP appropriation for the Fiscal Year 2001 appropriation of $2,515,000. The project, as outlined, will require $454,262.74 in City funds, while the remaining balance of $2,060,732 to be used for the 2001 Asphalt Program and the White Street Program. Low- to moderate-income property owners subject to street assessment will be eligible for financial assistance ranging from 20 to 100 percent of the street assessment for the owner-occupied resident property depending of family size and income level. This financing assistance program is made available through the One Percent Local Option Sales Tax. ACTION TO BE TAKEN The City Council is requested to give preliminary approval to the Resolution of Necessity, approve the preliminary assessment schedule, and to establish the date of the public hearing. MAK/vjd Prepared by Michael Felderman cc: Bob Green, Water Plant Manager Gus Psihoyos, Assistant City Engineer CITY OF DUBUQUE ENGINEERING DEPARTMENT 2001 Paving Projec{ Wartburg Street Freemont Avenue to Sunset Cirde Cul De Sac Layout ',~C'Ly°nsM,F, I~2D,~=50 June O1 I ...... ~esign~3~'jects~wax~,e~rlbu~g,dwg ~ Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Wartburg Place Reconstruction Project, in the estimated amount of $705,667.60, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this day of _, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Wartburg Place Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of August, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and i~ hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the War[burg Place Reconstruction Project. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the War[burg Place Reconstruction Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 6th day of August, 2001 in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (563) 589-4120 or TDD at (563) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2001. day of Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch. Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each tot and the valuation of each lot as filed by the City Council, for the Wartburg Place Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved bythe City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sales Tax Fund, Sanitary Sewer Construction Fund, Water Depreciation Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and acceptedl and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this day of ., 2001. Approved and placed on file for final action. Terrance M. Duggan, Mayor Jeanne F. Sc, hneider, City Clerk RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted as proposed by the City Council this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Wartburg Place Reconstruction Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of August, 2001 a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE TO PROPERTY OWNERS Notice is given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Dubuque, Iowa, for an improvement of the type(s) and in the location(s) as follows: Wartburg Place Reconstruction Project That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All property included with the area described as to include one-half of the privately- owned property between each such street to be improved and the next street, whether such privately-owned property abuts upon the street to be improved or not. In no case shall property situation more than 300 feet from the street to be improved be assessed. The City Council will meet at 6:30 p.m. on the 6th day of August, 2001 at the Public Library Auditorium, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the City Clerk. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (563) 589-4t 20 orTDD (563) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the ,2001. day of Jeanne F. Schneider City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Wartburg Place Reconstruction Project and the valuations set out herein are hereby approved. Terrance M. Duggan. Mayor Attest: Jeanne F. Schneider, City Clerk 50.00 52.475.64 $0.00 $0.00 SO.O0 SO,O0 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27~h day of June, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Wartburg Place Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 5200%4864 RESOLUTION NO. -01 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Wartburg Place Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day of August, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20th day of August, 2001. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk