Wartburg Place ReconstructionMEMORANDUM
June 22, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 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 5, 2002.
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
MEMORANDUM
June 24, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: 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, the installation of sidewalk on both sides, and a
hammerhead turnaround constructed at the end of Wartburg Place before Sunset Ridge
(a private street). The street width is 31 feet in front of Wartburg Seminary with parking
on one side. To the east of Wartburg Seminary, there is a 24-foot wide section with
parking prohibited on both sides of the street.
Since there is a parking prohibition on both sides of the 24-foot wide section of street,
the existing 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. 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 snowplows being able to turn around in the turnaround at
the bottom on Sunset Ridge. This plowing was eliminated last year; and therefore, a
new turnaround must be provided for the Operations & Maintenance Department for the
aforementioned purpose. The new hammerhead turnaround will be 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 turnaround 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 a future 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:
Advertisement for Bids July 5, 2002
Notice of Hearing on Plans and Specifications July 19, 2002
Mail Notice to Property Owners July 19, 2002
Published Notice to Property Owners July 19, 2002
July 26, 2002
Receipt of Bids July 25, 2002
Public Hearing August 5, 2002
Award of Contract August 5, 2002
Completion June 27, 2003
RECOMMENDATION
I would recommend that the City Council give preliminary approval to the Resolution of
Necessity and establish August 5, 2002 as the date of the Public Hearing.
BUDGET IMPACT
The estimate for the project is as follows:
Construction Contract $557,840.00
Contingency $ 55,784.00
Engineering $ 92,043.60
Total $705,667.60
The project will be funded as follows:
Road Use Tax $454,262.74
Special Assessment to Private Properties $108,682.51
Special Assessment Deficiency to be Paid
By City 0
Special Assessment for Sidewalk $ 17,316.59
Special Assessment - Water Services $ 15,895.99
Sanitary Sewer Construction Fund $ 48,682.24
Watermain Construction Fund $ 60,827.53
Total $705,667.60
The project will be funded through a Fiscal Year 2002 CIP appropriation of $2,515,000.
The project, as outlined, will require $454,262.74 in City funds. 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 on family size and income level. This financial
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 Project Wartburg Street
Fremont Avenue to Sunset Circle
Cul De Sac Layout
RESOLUTION NO. 348-02
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
$705,667.60 are hereby approved and ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 1st. day of July, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 349-02
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 a Public Hearing will be held on the 5th day of August, 2002, 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 is hereby
directed to cause a notice of time and place of such headng 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, adopted and approved this 1st
dayof ,]u%, ,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne, F. Schneider, CMC, City Clerk
RESOLUTION NO. 350-02
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 lot and the valuation of each lot as filed by the City
Council, for the War[burg 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 by the City Council and now
on file with the City Clerk. That the .cost and expense of making such
improvement will be assessed par[ially 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 por[ion of the cost which shall be borne by the City will be paid from
Road Use Tax, Sanitary Sewer Construction Fund, Watermain Construction
Fund, and special assessment bonds may be issued in anticipation of deferred
payments of assessments when a contract has been performed and accepted,
and the proceeds thereof used to pay the contractor.
The above resolution was introduced, approved and ordered placed on file
with the City Clerkthis 1st day of July, 2002.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RECORD OF FINAL ADOPTION
the City Council this 1st. day of
The foregoing Resolution was finally passed and adopted as proposed by
July ,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 351-02
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 bf 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 5m day of August, 2002, a public hearing will be held at 6:30
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 1st day of July, 2002.
Terrance M. Duggan, Mayor
Attest
Jeanne F. Schneider, CMC, City Clerk
day of July ,2002.
RESOLUTION NO. 352-02
RESOLUTION APPROVING PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the attached sheets, 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.
Passed, approved and adopted this 1st day of July, 2002.
Attest:
Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor
RESOLUTION NO. 353-02
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 25th day of July, 2002. 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 5th day of August, 2002.
Passed, adopted and approved this 1st day of July, 2002.
Attest:
day of July ., 2002.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, 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 5th
day of August, 2002, in the Public Library Auditorium, 360 West 11th Street, 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
,2002.
day of
Jeanne F. Schneider, CMC
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:
War[burg 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 areas described so 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 5th day of August, 2002, at
the Public Library Auditorium, 360 West 11th Street, 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) 589-4120 or TDD (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
., 2002.
day of
Jeanne F. Schneider, CMC
City Clerk
RESOLUTION NO.
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the War[burg 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 25th day of July, 2002. 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 5th day of August, 2002.
Passed, adopted and approved this .__ day of
.,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO.
RESOLUTION APPROVING PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the attached sheets, 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.
Passed, approved and adopted this day of ., 2002.
Terrance M, Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
WARTBURG STREET ( FREMONT AVE. TO SUNSET KiDGE STREET)
SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
PARCEL VALUATION w/ NETPAVING SIDEWALK DEFICIENCY GROSS WATERSERVI TOTALNET
OWNER LO]' DESCRIPTION No IMPROVEMENT ASSESSMENT ASSESSMEN ASSE$SMEN ASSESSMENT ASSESSMEN ASSESSMENT
SIMPSON 5 ADD
ESTHER MCGUIRE PLACE
Schmid, James A & Mat~ S I 10-26-4534)13 $329.19367 $1.423 67
Schmid, James A & Mary S 2 2 10-26-453 013
Bschen. Raymond J & Mary i 2 10-26 457-011 $177.56564 $2.475 64
Hm tley. Mm2~ Louise Sly 89' Wly I10' - 2 - Sub I - 3 = 64 alld 2 -64 i. Simpson~s Add & 2 M.L 144 10 26-453-012 $107.985 64 $2,47564
l~ardey, Maly Louiac Sly 89' Ely 90' - 2 Sub I - 3 - 64 and 2 - 64 in Simpson's Add & 2 - M.L. 144 10-26-453-012
Hallley. Mary Louise Sly 89' Wly 10' I - 2 - i - Sub I 3 - 64 and 2 64 in Simpson's Add & ML 144 10-26-4534)12
$4.60460
$11.33061
$1,423 67 $1,423 67
$2,47564 $2,47564
$2,475 64 $2,475 64
$1,767 54 $1,76754
$48747 $1.356.08 $1,843 55
$2. II3.06 $1.35608 $3.46914
53.214 30 $63250 $3.84680
$632.50 $63250
$4.463 83 $4,463.83
$5,823 45 $1.356.08 $7.179 53
$13.72281 $63250 $14.35531
$32,31097 $63250 $32,94347
$51,45741 $3,63055 $55,08796
$1,07778 $I,077 78
$1,077 78 $1,07778
$1,077.78 $1,077 78
$1,07778 $1,077 78
RESOLUTION NO.
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 26th day of June, 2002, 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, adopted and approved this day of
,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Jun.!2, 2002 8:36AU BARRY A L!NDAHL, ESQ No.E556 ~, 2/3
June 12, 2002
Mayor Terrance Duggen and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: Sunset Ridge
Dear Mayor and Council Members:
The purpose of this letter is to advise you as to the status of this matter.
As you will recall, in the Fall of 2001, Doug Henry, who represents a number of the
owners of property on Sunset Ridge, and I exchanged letters with respect to the legal
status of Sunset Ridge.
I concluded that I did not believe that Sunset Ridge was ever formally accepted as a
public street by the City Council but that the argument could be made that the City
Council may still have the option of accepting it. In the alternative, I suggested that his
clients could ask the District Court to resolve the issue. In response, Doug sent the City
Council a letter in December 2001 requesting the adoption of a Resolution accepting
Sunset as a public street.
The exchange of correspondence between Doug and me was on the City Council
agenda for the January 21, 2002 City Council meeting.
According to the City Clerk's minutes of the January 21st meeting, Doug Henry's letter
was received and filed. A motion to accept Sunset Ridge as a public street was
seconded but failed. A motion to authorize me to negotiate with the properly owners for
the reconstruction cost of the street failed to receive a second. A motion to refer the
matter to staff also failed for lack of a second. A motion to table the matter passed.
I have not had any further communication from any of the residents or Doug Henry
since that time. I might also add that a recent Iowa Supreme Court opinion appears to
confirm my earlier conclusion that the street, if it was dedicated to the public, was never
accepted by the City. The case is Sons Of Union Veterans v. Legion Post 508, 641
N.W.2d 729 (Iowa 2002). The case did not involve a street but the Court did discuss
dedication of land and acceptance of a dedication. The Court said that acceptance of a
dedication may be implied, for example, where the party accepting the dedication does
Sun,!2, 2002 8:37AM BARRY A LINDAHL, ESQ No,7556 P, 3/3
"some act which unequivocally shows an intent to assume jurisdiction over the thing
dedicated." (Emphasis added) Based upon the information I have from various City
departments, I have not seen any act on behalf of the City which "unequivocally shows
an intent to assume jurisdiction" over Sunset Ridge.
If you need any additional information, please contact me at your convenience.
Very sincerely,
Barry A. Lindahl
Corporation Counsel
BAL:tls
cc: Michael Van Milligen, City Manager
Mike Koch, Public Works Director