Embassy West Sidew J. HerrigOCTOBER 23,2002
HONORABLE MAYOR
CITY COUNCIL MEMBERS
CITY MANAGER AND STAFF
RE: 1998 SIDEWALK ASSESSMENT INSTALLATION
PER OCTOBER 2002 CITY COUNCIL MEETING, I JOHN W. HERRIG, 13668 SURREY
LANE, DUBUQUE, IOWA, WAS DIRECTED TO INSTALL, BUT HEREBY REQUEST THAT
THE SIDEWALK THAT WAS DIRECTED TO BE CONSTRUCTED ON THE EAST SIDE OF
EMBASSEY WEST DRIVE - TO THE NORTH FROM PENNSYLVANIA AVENUE- TO THE
FiRST HOUSE ON THE EAST SIDE OF EMBASSEY WEST DRIVE; BE DELETED AND
INSTALLED UPON COMPLETION OF IMPROVEMENTS OF STRUCTURES (BUILDINGS
AND DRIVEWAY ACCESS) TO SAID LOT.
HAVING CONSTRUCI'ED THE SIDEWALK ALONG PENNSYLVANIA AVE., FROM KWIK
TRIP TO EMBASSEY WEST DRIVE, I FEEL A FAIR COMPROMISE HAS BEEN!MADE AND
DUE TO THE ABSOLVING OF OTHER PROPERTY OWNERS, AT THAT SAME iOCTOBER
MEETING, BASED ON CITY ORDINANCE OR POLICY, PER MIKE KOCH, CITY
ENGINEER, NOT REQUIRING SIDEWALKS TO BE INSTALLED UNTIL CONSTRucTION
OR IMPROVEMENTS THERETO TO UNIMPROVED LOTS, IT WOULD ONLY iSEEM FAIR
THE CITY WOULD GRANT ME THAT SAME PRIVELEDGE AND RIGHT. WITH ALL DUE
RESPECT I ANXIOUSLY AWAIT YOUR RESPONSE.
SINCERELY,
JOHN W. HERRIG
MEMORANDUM
October 31, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:John Herrig Letter Regarding Sidewalk Assessment
Public Works Director Mike Koch has provided the history related to Mr. Herrig's request
to further delay sidewalk installation at the northeasterly corner of Pennsylvania Avenue
and Embassy West Drive.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 30, 2002
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:John Herrig Letter Regarding Sidewalk Assessment
This is in response to October 23, 2002 letter from Mr. John Herrig regarding his
assessment for the installation of a public sidewalk at the northeasterly corner of
Pennsylvania Avenue and Embassy West Drive. This is the only stretch of
property in the Embassy West Drive area not to have sidewalks. Since the other
properties are already built-upon, pedestrians are forced to walk either in the
grass behind the curb or out in the street. This is the most often requested
section of sidewalk in the City at this time.
Beginning in 1998, this sidewalk was included among other sidewalks in a
special assessment program for that year. Many of the sidewalks included in the
assessment program were approved by City Council; however, Mr. Herrig
advised the City Council that he had a prospective buyer for the property and that
he did not want to install the sidewalk immediately prior to building on the site.
Mr. Herdg was successful in persuading the City Council to grant him a one-year
extension for the completion of the sidewalk, to allow for the construction of the
pending building. When the one-year deadline came for the installation of the
sidewalk, Mr. Herrig had still not constructed the building nor the sidewalk. He
then approached the City Council requesting another one-year extension, which
was again granted.
In the next City sidewalk assessment program, proposed for the year 2000, Mr.
Herrig's property was again included in the program since the sidewalk was still
not installed.
Several changes were made by the City Council to the 2000 Sidewalk
Assessment Program which also included Cedar Cross Road and Center Grove
Drive and sent it back to City staff to be re-worked. The City approved the
program at a public hearing on October 7, 2002. Mr. Herrig did not file a protest
against the proposed assessment for this proposed property nor did he attend
the City Council to voice any opposition of the assessment. He later he advised
me that he was out of town during the public hearing and that he wanted to file
an objection to the assessment "after the fact".
I advised Mr. Herrig to go ahead and file his written objection with the City
Council for the next meeting on October 21, 2002 and possibly the City Council
would reconsider their vote. Mr. Herdg chose not to submit a letter to the City
Council for the first meeting after the public hearing and is requesting
reconsideration of the matter at this time.
in working with Barry Lindahl, we believe that Mr. Herrig's letter could be placed
on the "Action Items" portion of the next Council meeting to determine whether
the City Council would want to reconsider the issue. It will be necessary for the
City Council, with a simple majority approval to vote for setting another public
hearing, at which time they would deliberate on whether to eliminate or still
include this sidewalk in the assessment program. The City Council would then
establish a date and time for the public hearing. The standard voiing rules on
special assessments would apply, and the public hearing would be open to Mr.
Herdg and/or other individuals wishing to speak to the matter.
The eadiest date that the issue could be brought back to set a public hearing
would be the November 18, 2002 Council meeting. The public hearing would
then be scheduled for December 16, 2002.
Should the Council vote not to reconsider their action of October 7, 2002, the
sidewalk assessment program would stand as approved. The sidewalk would
then be constructed in the spdng of 2003, with the subsequent filing of a special
assessment sometime in the summer of 2003.
If you have any questions on this process, feel free to contact myself or Barry
Lindahl for further information.
MAK/vjd
cc: Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
Jane Smith, Engineering