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Rush Street Reconstruction_Boge SidewalksTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Daniel and Mildred Boge Letter -Sidewalks at 333 Villa Street DATE: May 14, 2008 In response to a request to eliminate sidewalk next to the home of Daniel and Mildred Boge, City Engineer Gus Psihoyos is recommending that Mr. and Mrs. Boge be required to install sidewalk as part of the Rush Street Reconstruction Project. On May 7, 2007, the City Council held the public hearing on the Rush Street Reconstruction Project. As part of that public hearing, the City Council took under the advisement a previous request from Daniel D. and Millie Boge to exempt their property from the directive requiring installation of a sidewalk when replacing a street. The project includes over 6,000 lineal feet of sidewalk. The Boge parcel has approximately 230 feet of frontage. If Mr. Boge's parcel was not required to install sidewalk, it would be the only property on Rush Street between Villa Street and Bryant Street without walk. City staff recommended that the sidewalk be required and that no retaining wall be built. City Engineering also indicated that with the presence of St. Columbkille's and Bryant Schools on Rush Street and the limited visibility at the crest of the hill in front of the Boge residence it was imperative that a safe area behind the curb be provided for pedestrian traffic. The City Council voted 7-0 to approve the plans and specifications, with the sidewalk installation at 333 Villa Street. 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 THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer SUBJECT: Daniel and Mildred Boge Letter-Sidewalks at 333 Vila Street DATE: May 13, 2008 This memo is in response to the April 23, 2008 letter of Daniel and Mildred Boge of 333 Villa Street requesting City Council to exempt his property from sidewalk installation or to reduce his assessment if City Council requires sidewalk installation. Their main concerns are the: lack of sufficient pedestrian traffic; high maintenance and lack of snow storage; and the elimination of trees and shrubbery. BACKGROUND On May 7, 2007, the City Council held the public hearing on the Rush Street Reconstruction Project. As part of that public hearing, the City Council took under the advisement a previous request from Daniel D. and Millie Boge to exempt their property from the directive requiring installation of a sidewalk when replacing a street. The project includes over 6,000 lineal feet of sidewalk. The Boge parcel has approximately 230 feet of frontage. If Mr. Boge's parcel was not required to install sidewalk, it would be the only property on Rush Street between Villa Street and Bryant Street without walk. City staff recommended that the sidewalk be required and that no retaining wall be built at this time. City Engineering also indicated that with the presence of St. Columbkille's and Bryant Schools on Rush Street and the limited visibility at the crest of the hill in front of the Boge residence it was imperative that a safe area behind the curb be provided for pedestrian traffic. (Note attachments.) The City Council voted 7-0 to approve the plans and specifications, with the sidewalk installation at 333 Villa Street. DISCUSSION Based on staff review, the following information is provided to address the sidewalk installation concerns of Mr. and Mrs. Boge: - Sidewalk installation: The City cannot verify the existence or the reason for sidewalk removal that may have existed 30 years ago. However, there is a private carriage sidewalk leading from the Boge property to the curb that is indicative of an existing sidewalk running along their property. Sidewalks currently exist on the north side of Rush Street; and on the south side of Rush Street, the sidewalk ends at the Boge driveway near the intersection of Mountain Lane and Rush Street. - Lack of Pedestrian Traffic: Mr. and Mrs. Boge contend that no one will use the sidewalk since there is no existing sidewalk on Villa Street. Based on inspection, there is sidewalk on Villa Street between Rush Street and Cleveland Avenue Park. One factor that may limit current foot traffic is that pedestrians must use the street since there is no sidewalk on the south side of the street. There is also limited sight distance due to a crest of a hill in this area. This hill crest makes it difficult to see pedestrians (and cars) if they are walking in the street. This factor is particular significant with the presence of St. Columbkille's and Bryant Schools on Rush Street and limited vehicular and pedestrian visibility at the crest of hill. Sidewalk installation would provide a safe area behind the curb for pedestrian traffic. Current City policy does not specifically rule out the installation of sidewalks when there is not another sidewalk to connect to. Also current City policy requires the installation of sidewalks in areas where they do not currently exist during street reconstruction projects. - Maintenance and Snow Storage: Mr. and Mrs. Boge state that the proposed sidewalk will be difficult to maintain during the winter months due to the steep slope and adjoining bank as well lack of snow storage. The subsequent runoff will freeze on occasion causing icing conditions on the sidewalk. It is accurate that this condition will periodically happen, but it is not unique to his property or many properties across the City. - Trees/Shrubbery: Currently, there are decorative shrubs, a gate, and decorative pillars that have been installed on City right-of-way without the City's knowledge. If sidewalk installation is required, the decorative shrubs will need to be removed. There is no tree in close proximity that will be impacted. The current location of the pillars will not prevent the installation of the sidewalk. However, Mr. and Mrs. Boge will need to get an irrevocable permit for the pillars and gate in order for them to remain in the City right-of-way. ACTION REQUESTED The Engineering Department recommends that the City Council require Mr. and Mrs. Boge to install the sidewalk as the City Council has previously approved on May 7, 2007. It is also recommended that, unless they meet the City's financial assistance guidelines of owner-occupied property, Mr. and Mrs. Boge pay 100 percent of the cost of the sidewalk installation at 333 Villa Street. These recommendations would be consistent with the City Council approval of May 7, 2007, and with the City policies of sidewalk installation and financial assistance. Prepared by Jon Dienst, PE cc: Greg Doeden, Civil Engineer Daniel & Mildred Boge 333 Villa St. i18 APR 24 Ah110~ 30 Dubuque, IA 52003-7569 Honorable Mayor and City Council Members City Hall 50 West 13th Street Dubuque, IA 52001-4864 RE: Exemption for sidewalk on the Rush Street Reconstruction Project To Whom It May Concern: I am writing in request for an exemption from having a sidewalk installed along the Rush Street side of my property on 333 Villa Street. I have not been able to find anyone who thinks we need a sidewalk. My neighbors told me that about 30 years ago a sidewalk was removed for safety reasons. I understand that it is typically required, according to the Ordinance, when you put in a new street. I feel this could be a legitimate exception. There are a great number of reasons for the exemption of a sidewalk: The elevation is nearly 15%, which is very steep, causing a greater risk of falls. Because of the steep grade and the adjoining bank, there would be no place to put snow. IYs on the north side of the property, making it very shady. This is very hazardous when the snow melts down from the banks. It would have to be constantly salted and would just freeze again at night. We are an elderly couple and cannot keep up the salting as would be necessary under these circumstances. Besides that, there is already a sidewalk on the other side of the street that does not carry the same obstacles that this property does. There are no other sidewalks to the south of us, in this neighborhood. There is also a great chance of killing a large tree and several bushes. Should you deny my request, after your careful consideration, please evaluate reducing my obligation of the bill. Sincerely, Daniel and Mildred Boge RECEIVED 08 APR 24 AM 10:30 City Clerk's Office Dubuque, IA THE CITY OF DUBUQUE Showing the Spirit MEMORANDUM April 27, 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Rush Street Reconstruction Project (Follow-Up to April 4, 2007 Letter from Dan & Millie Boge, 333 Villa Street) INTRODUCTION This memorandum is to provide information on the Rush Street Reconstruction Project as it relates to the April 4, 2007 letter from Dan and Millie Boge, 333 Villa Street. Mr. and Mrs. Boge have provided comments on sidewalk and retaining wall issues as it relates to public safety and maintenance. Mr. and Mrs. Boge are requesting that no sidewalks be installed in front of 333 Villa Street and that if sidewalks are required a retaining wall be built on their property line to minimize the impact on the existing yard slope for maintenance purposes. BACKGROUND The Rush Street Reconstruction Project -Bryant Street to Villa Street will provide for the reconstruction of underground utilities, roadway sub-base and the construction of a new 37-foot wide concrete roadway from Bryant Street to Villa Street. The project will be constructed in two phases. - Phase I: Complete reconstruction of all underground utilities and mainline roadway construction from Bryant Street to Union Street. - Phase II: Complete reconstruction of all underground utilities and mainline roadway construction from Union Street to Villa Street. As part of the design development, the Engineering Department reviewed and incorporated into its plans such improvements as the street, storm and sanitary sewer systems, watermain, sidewalk, and trees. DISCUSSION On November 14, 2006, at the first public information meeting, Mr. Boge presented the request for no sidewalks on Rush Street and the consideration of a retaining wall on his property line. As a follow-up, Civil Engineers Jon Dienst and Greg Doeden held an on- site meeting on December 1, 2006, with Mr. Boge to review the impact of the project to his property. Although his property has a steep grade, City staff indicated that the sidewalk installation would not affect the mowing or landscaping of his property. (Note the attached photographs of proposed sidewalk location.) Also, at this meeting, Engineering staff indicated that the requested retaining wall would not be needed for the sidewalk installation. On April 2, 2007, Mr. Boge met with Greg Doeden and Jon Dienst in the Engineering Department offices to further discuss the sidewalk. The proposed plans for the Rush Street Reconstruction Project were reviewed; these plans do include the new sidewalk in front of his property as per the current policy of the City Council. City staff commented that the street profile was raised slightly and the proposed sidewalk was placed tight against the curb with the absence of a parkway. Mr. Boge then expressed concern about the lack of snow storage in this area and the potential for icing on the sidewalk. He is concerned that with the sidewalk tight against the curb and that his property drains to the proposed sidewalk area he will have a constant maintenance headache with ice removal off the sidewalk. This project includes over 6,000 lineal feet of sidewalk. If Mr. Boge's parcel is not required to install sidewalk, it will be the only property on Rush Street between Villa Street and Bryant Street without walk. The Boge parcel has approximately 230 feet of frontage. City Engineering believes, with the presence of St. Columbkille's and Bryant schools on Rush Street and the limited visibility at the crest of the hill in front of the Boge residence that it is imperative that a safe area behind the curb be provided for pedestrian traffic. Improving accessibility throughout the City has been set as a priority by the City Council, as outlined in the attached Goals and Objectives and "Envision 2010 -Top 10 Big Ideas". RECOMMENDATION The Engineering Department recommends that sidewalk be included along the entire Rush Street corridor for the public safety of those who will derive benefit from this improvement. The Engineering Department respectfully requests concurrence from the City Council on the inclusion of sidewalk along the entire Rush Street Reconstruction Project. cc: Bob Schiesl, Assistant City Engineer Jon Dienst, PE Greg Doeden, Civil Engineer Attach. 2002 CITY OF DUBUQUE COMPREHENSIVE PLAN Goals and Objectives supporting abike/pedestrian (sidewalk) network LAND USE AND URBAN DESIGN GOALS 1, To protect and enhance the viability, livability and affordability of the city's residential neighborhoods while integrating multifamily development throughout the community. 1.3 Connect and interrelate neighborhoods with greenbelts or other pathways, commercial nodes or public facilities. 1.6 Provide neighborhood amenities throughout the community in an equitable manner. 8. To provide physical accessibility throughout the city. 8.1 Encourage and facilitate urban accessibility by walking, cycling and/or public transit as well as by auto. 8.2 Encourage new development concepts that by design enable people to walk to work, school, day care, shopping and recreation. 8.3 Facilitate, where possible, enhanced accessibility within existing development. 8.4 Encourage the development of pathways that link the community together in a cohesive manner. 8.5 Encourage the provision of access to persons with disabilities. TRANSPORTATION GOALS 9. To establish improved hike and bike routes in the city to encourage alternative modes of transportation. 9.1 Develop a comprehensive regional system of bikeways and/or multi-purpose trails which minimize conflicts between motor vehicles, bicycles and pedestrians. 9.2 Provide a more bicycle- and pedestrian-friendly transportation network. 9.3 Consider relevant bicycle and pedestrian elements in all new transportation projects. 9.4 Encourage development patterns more compatible with non-motorized travel. INFRASTRUCTURE GOALS 5. To provide for, maintain and improve safe, accessible public sidewalks and steps throughout the community, where possible. 5.1 Maintain and improve the condition of public sidewalks, steps, walks and handrails. 5.2 Ensure reasonable removal of snow and ice accumulations from public sidewalks, steps and walks. ENVIRONMENTAL QUALITY GOALS 1. To create a sustainable environment that successfully balances urban growth and development with ecological constraints. l .3 Identify, preserve, and promote linkages or connections of open/green spaces. RECREATION GOALS 1. To provide a safe park and recreation system that continues to meet the community's needs for useable and accessible park and open space. 1.2 Identify the type of parks, park facilities and hike/bike trails lacking in the community. ENVISION 2010 TOP 10 BIG IDEA Supporting abike/pedestrian (sidewalk) network Integrated WalkingBiking/Hiking Traii System Create an integrated trail system throughout the Dubuque and Asbury communities to encourage recreation and wellness. Connect all of the trail systems to the Port of Dubuque Riverwalk, Heritage Trail, E.B. Lyons and Mines of Spain. Develop safe, paved trails, with a corresponding website and maps, plus restrooms, benches and bike racks. Dan & Millie Boge 333 Villa St. Dubuque, Iowa 52003 Dubuque, IA To: To the Honorable Mayor of Dubuque & City Council Members. My Wife & I own the property on the corner of Rush & villa Streets. We are Petitioning the City Council to Exempt our property from the City of Dubuques Directive, requiring a sidewalk when replacing a Street. Our reasons are as follows: 1. The Liability both the city & ourselves would incur from snow gathering on our property and running down the steep embankment onto the steep sidewalk creating Ice at unknown times. 2. Sidewalk would be on the north side, whidf makes for partial melting & ref- reezing on a regular basis in the winter. 3. Avery large accumulating area, directly depositing water on the sidewalk. 4.A wall on our property line would help putting a harrier space between the sidewalk 8 wall- However We were told the city has no money for that to happen. 5. There is a 27' drop in a span of 200' Whicta makes for a steep 8 slippery slope. 6. We cannot watch for the ice to freeze, thaw 8 refreeze at different hours of the day & night. We would make a reasonably good effort to place salt when needed, but it is impossible far us to monitor this for 24 hrs a day. The sidewalk wot~Id go nowhere: That is probably the reason of none being there now. 7. We walk our dogs regularly in the area for several years, as do many other people. We are very earful as to where we walknever going down a steep sidewalk on the north shaded side of buildings, of evenvery steep streets in inclement weather. 8. Wbethink this would surly surprise someone that does not keow the area, and they could fall. 9. The steepness and the large gathering area above the proposed sidewalk would create a constant flow of water onto the sidewalk when thawing. 70. We think this is creating a hazard where none exist now. Thank you for your consideration. Daniel D. Boge p.s. The street is even too steep for the bus.