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Mailboxes in City Right-of-WayTHE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mailboxes in City Right-of-Way DATE: November 5, 2009 Dubuque tAlhAna;dca f 2007 In early April 2009, Engineering Department staff met with the City Manger regarding mailbox supports constructed in the City's public right-of-way without approval or proper permits, after a homeowner made a claim against the City for damage to their mailbox estimated at $3,500. The City does not have a formalized policy to regulate mailbox structures. The United States Postal Service CUSPS) does not regulate customer mailbox supports, rather that the boxes are owned and controlled by the customers, who are responsible for ensuring that posts are neat and adequate strength and size, and further states the ideal support is an assembly that bends or falls away when struck by a vehicle. After researching other cities and their policies and regulatory documents, City Engineering compiled a report of their findings. Non-breakaway mailbox structures are prohibited in some cities and not regulated in other cities, and in some cases may remain if insurance, indemnification or waiver is submitted by the owner to the city. It is the opinion of Frank O'Connor, the City of Dubuque's insurance advisor, that it is unlikely that homeowner insurers would name the City of Dubuque as an additional insured on a homeowner's insurance policy. Not only are the large structure mailboxes an obstruction in the right-of-way, they also pose conflicts should the street be reconstructed or rehabilitated, if any utility work needed to be performed, or if federal funds were to be utilized on a street designated on the Functional Classification Street System. If federal funds are utilized, a "clear zone" is identified and once again, the City would follow the criteria set in the Roadway Design Guide, which generally states that supports located within the clear zone of the road or street must meet acceptable breakaway standards. City staff proposes the following actions be taken to address the existing unauthorized structures, including an amendment to the Code of Ordinances prohibiting any future mailbox structures or other encroachments of anon-breakaway design. The Engineering Department will provide written notice to property owners of the known mailbox structures as follows: a) Advise property owners of city, state and federal regulations on mail receptacles. An example of an approved support posts are wooden supports no larger than 4" x 4", or 4" diameter or 1-1/2" to 2" diameter standard steel or aluminum pipe, buried a minimum of 24 inches, packed dirt, gravel or concrete, so that the support will safely break away if struck by a vehicle. The mailbox must be securely attached to the support to prevent separation if struck by a vehicle. b) Advise property owners to either remove non-compliant structures or assume the risk of any claims brought against the City for injury or damage caused by the non-compliant mailbox. The property owner will be brought into any claims or suits that may be brought against the City. c) Advise the property owner that claims filed by the property owner for any damage to the mailbox caused by any City equipment, personnel, process or contractor, will be denied. d) Amend the City of Dubuque Code of Ordinances to prohibit installations of non-compliant mailbox structures and to establish standards for new mailbox structures, including a requirement for new mailboxes to receive a City permit. The City is aware of 62 non-breakaway structures currently in place in the City's right- of-way. If this ordinance is adopted, the Engineering Department would begin enforcement of this policy. An informational letter, including reference documents and examples of approved support systems, would be sent to the U.S. Post Office, home builders and masonry contractors to update them on the City's new policy regarding mailbox supports, and a note would be added to all building permits with instructions for new mailbox support standards. The City Engineering Department is requesting concurrence with the proposed steps and adoption of the attached amended ordinance. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi hael C. Van Milligen MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque DUB E ~"~~~~~ Mastet~piece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer ~ _ - DATE: October 23, 2009 SUBJECT: Mailboxes in City Right-of-Way INTRODUCTION In early April, 2009, Engineering Department staff met with the City Manager regarding mailbox supports constructed in the City's public rights-of-way without approval or proper permits. This memo is written to provide a summary of staff findings to the City Council and to make a recommendation for a City policy and procedure for non- compliant mailboxes. BACKGROUND In January, 2009 an incident occurred when a City snow plow knocked down one of the brick mailboxes in Shady Oaks Subdivision. A $3,500 claim was filed by the property owner. The City Attorney's Office forwarded that claim to Public Entity Risk Services (PERS). The claim was denied but did bring to the attention of the City Attorney's Office and the Engineering Department the fact that there are a number of these mailbox structures in the rights-of-way. Under Iowa law, the City has the authority to require the removal of mailboxes and planters in City right-of-way without showing of actual harm or danger if the structures constitute a public nuisance. The City is aware of a number of mailbox structures of various materials that are in City right-of-way without permission and are not constructed with a "breakaway support". DISCUSSION The City does not have a formalized policy to regulate mailbox structures. Due to the considerable number of non-breakaway mailbox structures within the City right-of-way, a proposed procedure should be brought to the City Council for direction. As of the date of this memo, 62 non-breakaway mailbox structures have been noted in the City. City regulations and policies involving the public right-of-way are developed through the use of many documents, manuals and guidelines. Those include the Iowa Code, City of Dubuque Code of Ordinances, Federal Highway Administration and their Manual on Uniform Traffic Control Devices, American Association of State Highway and Transportation Officials (AASHTO), Iowa Department of Transportation, and the many supplemental guides to those main publications. In this instance, the United States Postal Service Standard Mailboxes, Curbside and the Postal Bulletin were also reviewed in the development of the City's staff recommendation. When new subdivisions are developed, the United States Postal Service (USPS) works with the developer to use cluster (16 boxes) or curb line (4) for USPS service meeting USPS regulations. USPS also states that it does not regulate customer mailbox supports, rather that the boxes are owned and controlled by the customers, who are responsible for ensuring that posts are neat and adequate strength and size, and further states the ideal support is an assembly that bends or falls away when struck by a vehicle. USPS refers customers to Federal Highway Administration (FHWA) and American Association of State Highway & Transportation Officials (AASHTO) for guidelines and more information. After researching other cities and their policies and regulatory documents, City Engineering compiled a report of their findings. Non-breakaway mailbox structures are prohibited in some cities and not regulated in other cities, and in some cases may remain if insurance, indemnification or waiver is submitted by the owner to the city. It is the opinion of Frank O'Connor, the City of Dubuque's insurance advisor, that it is unlikely that homeowner insurers would name the City of Dubuque as an additional insured on a homeowner's insurance policy. Not only are the large structure mailboxes an obstruction in the right-of-way, they also pose conflicts should the street be reconstructed or rehabilitated, if any utility work needed to be performed, or if federal funds were to be utilized on a street designated on the Functional Classification Street System. If federal funds are utilized, a "clear zone" is identified and once again, the City would follow the criteria set in the FHWA's AASHTO Roadway Design Guide which generally states that supports located within the clear zone of the road or street must meet acceptable breakaway standards. City staff proposes the following actions be taken to address the existing unauthorized structures, including an amendment to the Code of Ordinances prohibiting any future mailbox structures or other encroachments of a non-breakaway design. The Engineering Department will provide written notice to property owners of the known mailbox structures as follows: a) Advise property owners of city, state and federal regulations on mail receptacles. An example of an approved support posts are wooden supports no larger than 4" x 4", or 4" diameter or 1-1/2" to 2" diameter standard steel or aluminum pipe, buried a minimum of 24 inches, packed dirt, gravel or concrete, so that the support will safely break away if struck by a vehicle. The mailbox must be securely attached to the support to prevent separation if struck by a vehicle. b) Advise property owners to either remove non-compliant structures or assume the risk of any claims brought against the City for injury or damage caused by the non-compliant mailbox. The property owner will be brought into any claims or suits that may be brought against the City. c) Advise the property owner that claims filed by the property owner for any damage to the mailbox caused by any City equipment, personnel, process or contractor, will be denied. d) Amend the City of Dubuque Code of Ordinances to prohibit installations of non-compliant mailbox structures and to establish standards for new mailbox structures. The City is aware of 62 non-breakaway structures currently in place in the City's right- of-way. If this ordinance is adopted, the Engineering Department would begin enforcement of this policy. An informational letter, including reference documents and examples of approved support systems, would be sent to the U.S. Post Office, home builders and masonry contractors to update them on the City's new policy regarding mailbox supports, and a note would be added to all building permits with instructions for new mailbox support standards. ACTION TO BE TAKEN The City Engineering Department is requesting concurrence with the proposed steps and adoption of the attached amended ordinance. cc: Don Vogt, Public Works Director John Klostermann, Street & Sewer Maintenance Supervisor Paul Schultz, Resource Management Coordinator REFERENCED DOCUMENTS Photo samples non-breakaway structures in public right-of-way. State of Iowa Code Section 361.12 Responsibility for Public Places - "2. A city shall keep all public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares, and commons open, in repair, and free from nuisance,.." City of Dubuque Code of Ordinance Section 41-116 Section 41-116. Intent and Purpose: indicates that the uncontrolled placement of architectural features and other items in public places that present an inconvenience and danger to the safety and welfare of persons using such public places are declared a public nuisances; and, according to Section 41-2, the property owner who has unauthorized obstructions in public places shall be guilty of a misdemeanor. Manual on Uniform Traffic Control Devices This manual defines crashworthy, sign support and placement and ground mounted supports and further describes placements in the clear zone shall be yielding or breakaway. Iowa Traffic Control Devices & Pavement Marking Manual This supplement to the MUTCD gives suggestions and examples related to traffic control devices. It also suggests that mailboxes and supports in the traveled way be crashworthy, suggests lateral placement from curb and gutter to be 8" to 12" and height above curb and gutter to be 42". The supports located in the clear zone are suggested to meet breakaway standards of u-channel, round pipes and square tubes or 4 x 4 wood posts installed in normal soil. However, engineering judgment and other regulatory standards are to be used for final decision making. United State Postal Service - US Postal Service Standard Mailboxes, Curbside and Postal Bulletin USPS regulates the height and curbside box location for mail carrier access, it does not regulate mailbox supports except for the purpose of carrier safety and delivery efficiency. Its regulations state that posts and other supports for curbside mailboxes are owned and controlled by customers; and the design of posts are often subject to local restrictions, state laws and federal highway regulations. It also states that the use of heavy metal posts or concrete posts are potentially dangerous supports. A_ merican Association of State Highway and Transportation Officials The Federal Highway Administration Safety manual states that the principal guidance for mailboxes is contained in the AASHTO's Roadway Design Guide. This roadway design guide sets the criteria and describes clear zone. Clear zone is an unobstructed area adjacent to the traveled way that is provided to enable an errant driver to return to the road or stop without potential for a serious crash. Atypical single mailbox is mounded on a 4 x 4 wood post or 1-1/2" diameter light gauge pipe that is not a serious threat to motorists. ORDINANCE NO. 57-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, BY ADOPTING A NEW ARTICLE F, MAILBOXES, ESTABLISHING STANDARDS FOR MAILBOXES IN PUBLIC RIGHTS-OF- WAY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 10, Chapter 3, is amended by adding the following new article: ARTICLE F. MAILBOXES 10-3F-1: General: Subject to the requirements of this Article, curbside delivery by United States Postal Service may be provided to boxes at the curb so they may be safely and conveniently served by the carrier from the carrier's vehicle. 10-3F-2: Permit: No person, firm or corporation shall place a mailbox iri the public right-of-way without a permit therefor from the City Manager. 10-3F-3: Placement and Design: No person, firm or corporation shall place a mailbox in the public right-of-way unless such mailbox complies with the classifications, placements, models, manufacturers, and breakaway construction specifications in the United States Postal Services Standards and Postal Operations Manual or American Association of State Highway and Transportation Officials, on file in the Office of the City Engineer. 10-3F-4: Nuisance: A mailbox placed in the public right-of-way which does not meet the requirements of this Article is hereby declared a public nuisance. Upon written notice from the City Manager, the property owner shall remove a mailbox placed in the public right-of-way which does not meet the requirements of this Article, and if a property owner fails to remove such mailbox, the City Manager shall cause the mailbox to be removed at the property owner's expense. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this day of , 2009. G V~ ~ Roy D. Buol, Mayor Attest: anne F. Schneider, CMC, City Clerk