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Public Sidewalk Repair Assessments (Fall 2017)City of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Sidewalk Repairs -MVM Memo Staff Memo Assessment Resolution Final Schedule of Assessments Copyrighted October 2, 2017 Consent Items # 12. Public Sidewalk Repair Assessment City Manager recommending approval of a Resolution establishing the final assessments for the sidewalk repairs in the City right-of-way. RESOLUTION Adopting the Final Assessment Schedule - Sidewalk Repair Suggested Disposition: Receive and File; Adopt Resolution(s) Type City Manager Memo Staff Memo Resoluti ons Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sidewalk Repairs DATE: September 22, 2017 Dubuque bell All -America City '1Il1' 2007 • 2012 • 2013 • 2017 City Engineer Gus Psihoyos recommends City Council approval of a Resolution establishing the final assessments for the sidewalk repairs in the City right-of-way in the amount of $1,982.31. I concur with the recommendation and respectfully request Mayor and City Council approval. Nit, Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque 116111 All -America City � r 2007 • 2012. 2017 . 2017 TO: Michael C. Van Milligen, City Manager r—� FROM: Gus Psihoyos, City Engineer -� SUBJECT: Sidewalk Repairs DATE: October 2, 2017 INTRODUCTION The enclosed resolutions provide for the establishment of the final assessments for the Sidewalk Repairs in the City Right -Of -Way. BACKGROUND Iowa State Code Section 364.12c states the abutting property owner may be required by ordinance to maintain all property outside the lot and property lines. City Code of Ordinance 10-1-2 B, C & D addresses the duties of the abutting owner to maintain the sidewalk in the public right-of-way and the City's ability to make the repairs and assess the abutting property owner if necessary. DISCUSSION Repeated attempts to reach property owners to complete repairs at 2320 Mineral Street were unsuccessful and the necessary repairs were contracted and completed by Max Smith Construction. The neighboring property at 2310 Mineral was also included in the repairs due to the inability of the property owner to come up with their share of the needed funds that financial aid would not cover. BUDGET IMPACT The Sidewalk Inspection Program – Assessable Capital Improvement Project (CIP 1001108) is a general fund – liens account that will reimburse the assessment amount, of $1,982.31. The General Special Assessment Fund (CIP 25510255) covers the cost of contracting and the revenue from those assessments. RECOMMENDATION I recommend that the City Council approve the resolutions establishing this Final Assessment Schedule for Sidewalk Repairs in the amount of $1,982.31 Prepared by: Tom Kopp, Engineering Technician cc: Jenny Larson, Budget Director Jon Dienst, PE Jane Smith, Engineering Assistant 2 RESOLUTION NO. 330-17 ADOPTING THE FINAL ASSESSMENT SCHEDULE SIDEWALK REPAIR NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the sidewalk Repair — Right -of -Way; whereas, Iowa State Code Section 364.12c states the abutting property owner may be required by ordinance to maintain all property outside the lot and property lines. City Code of Ordinance 10-1-2 B, C & D addresses the duties of the abutting owner to maintain the sidewalk in the public right-of-way and the City's ability to make the necessary repairs and assess the abutting property owner should the they fail do so. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the City Treasurer's Office, City Hail, 50 W. 131h Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set forth on the schedule. Passed, approved and adopted this 2nd day of October, 2017. Attest: Kevint'S. Firnstal, CMC, City Clerk r ()Roy D. Buol, Mayor NOTICE TO PROPERTY OWNERS FOR FILING OF THE FINAL ASSESSMENT SCHEDULE FOR SIDEWALK REPAIR TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOLLOWS IN THE CITY OF DUBUQUE, IOWA: The public improvement and location is as follows: Sidewalk Repair Consisting of the properties which are described as follows: Joan P Kedley James & Diane Barefoot LOT 6 EAST ST SUB LOT 7 EAST ST SUB 1026112003 1026112002 2310 Mineral St 2320 Mineral St $110,270 00 $95,640 00 $608 06 $1,374 25 You are hereby notified that the Final Schedule of Assessments against the benefited properties within the District described above, a copy of which Final Schedule of Assessments is attached hereto, has been adopted and the assessments confirmed by the City Council of the City of Dubuque, Iowa, and that said Final Schedule of Assessments has been certified to the Dubuque County Treasurer. The assessments may be paid in full or in part without interest at the City Treasurer's Office, City Hall, 50 W. 131h Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set forth on the attached schedule. Kevin Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA SIDEWALK REPAIR FINAL ASSESSMENTS DATE: October 2, 2017 The followingschedule is hereby determined to chow each lot proposed to he accecced for the improvement ;hewn in the title together with the amount proposed to he accecceda;am,teach Tort and the valuation; shown opp ote each Tort are hereby fixed at the PROPERTY OWNER NAME LOT DESCRIPTION Jean P Kedley PARCEL NUMBER MAILING ADDRESS LOT 5 EAST STREET SUB 19251129(8 221(1 Mineral Street Jame,& Diane Barefoot LOT 7 EAST ST SUB 1625112662 426 Emmett Street VALUATION SIDEWALK TOTAL NET City, State, Zip STREET ADDRESS WITH ADMINISTR IMPROVEMENT ASSESSMENT ATNF FEE ASSESSMENT Dubuque, IA 52661 Dubuque, IA 52661 2210 Mineral Street 2220 Mineral Street $ 11027060 $ 52S 75 $ 74:1 $ 66366 $ 95,644 66 $ 1345 66 $ 174 25 $ 1374 25 $ 132e 75 $ 25S 56 $ 1332 :1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 6 & 13, 2017, and for which the charge is $50.20. Subscribed to before me, a to yPublic in and for Dubuque County, Iowa, this / G day of (% ,r , 20 -1C)(12f2-e No r Public in and for Dubuque County, Iowa. JANET K, PAPE Commission Number 199659 My Comm. Exp. DEC 11, 2019 CITY OF DUBUQUE, ' ,IOWA OFFICIAL NOTICE NOTICE TO PROPERTY OWNERS FOR FILING' OF' THE FINAL ASSESSMENT SCHEDULE FOR SIDEWALK REPAIR I! TO THE: PERSONS:' AWNING TPRQPERTY WITHIN- THE°'. DISTRICT" DESCRIBED AS FOL- LOW"S`IN-,THE-CITY OF DUBUQUE, IOWA:= The- publie?'improve-, m'ent'and'IncatiOn is as li Sidewalk Repair 1, .Densisting: of --:the properties „which are described' below: 'You -are: hereby notii- Pied_' -that_' the: Final Schedule -of Assess- ;;m„ert�s against,•,:the ',:benefited properties within the District de - t„ scribed above; a copy of, which: Final-"Sched ule"'of, Assessinents is of the^propa'rEy set p, attached:, hederetaond ;.";hathes," forth on the attached been, adopt Iule as,es ssmenonfirm''sched .c ~ ed,;,by the, ;tatty: Council"Kevin S. i- rnstahi; of th' City of Dubuque, CMG, City Clerk Iowa, and that said Fi- SCHEDULE OF 1 naiSchedule of Assess- ASSESSMENTS g,ments,:has,been certi- Property Owner ! irfied to the Dubuque' Name; Lot Desa- i:CountyTreasurer, tion;. Parcel Number; The assessments may Mailing Address; i,:tik aici in full or in part City,_,: State, Zip; 'without'interest atahe,, Street, Address; Val- r City Treasurer's Office, :uation_with>irnprove City Hall, 50 W. '131h' Ment; .Sidewalk As - Street, Dubuque; Iowa, ses"sment; . Adminis- at any time. within 34 trative Fee; TotalrNet days after the date Of Assessment the',first'000licatioYi:of. 1oan:R Kedley;''Lot 6 'the.' notice of ahe filing East Street Sub; 0f thef Schedule' of -As 1026112003; 2310 Min sessments with eras street; Dubuque, County Treasurer:: Af- IA 52001;.,2310 Mineral 10, ter 30 days,- :Unpaid =as Street; $110,270,00; $528'58,79D14). $608.06. sessments; are pay Jam75;es ne Bare- able : ,at the. ;County foot; Lot 7 East St Sub; Treasurers Office, Du 1026112002; . -420, -Ern- buque ,county court- rri0ft Street; Dutauque; hounue.720 Central Ave, IA' 52001; 2320 Mineral nue,` Dubuque, fovea,' Street; - $95,640.00; and, -charges shall be, ,$i 195.40; $179.25; collected in the same '$1 374.25 $1,723.75; manner ., as general $258.56; $1,982.31 'property taxes against i' the respective parcels' 2t 10/6,13