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Vegetation Removal Assessment for 290 Bryant Street_Gneiser Copyrighted December 3, 2018 City of Dubuque Consent Items # 14. ITEM TIT LE: Vegetation Removal Assessment for 290 Bryant Street SUMMARY: City Manager recommending approval of a resolution establishing the Final Assessment Schedule for overgrown vegetation obstructing visibility for vehicular traffic and encroaching the public right-of-way. RESOLUTION Adopting the Final Assessment Schedule for the 2018 Overgrown Vegetation Assessment-visibility and right-of-way obstruction removal assessment project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Overgrown Vegetation Removal Assessment-NNM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Schedule of Assessment Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Overgrown Vegetation Removal Assessment DATE: November 28, 2018 City Engineer Gus Psihoyos recommends City Council approval of a resolution establishing the Final Assessment Schedule for overgrown vegetation obstructing visibility for vehicular traffic and encroaching the public right-of-way in the amount of $257.50. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ����.� 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 Dubuque THE CTTY OF � DT T� � All-Amedca Cily U I ! Masterpiece on the Mississippi � z�,,,,.��,«.z„�3.��,,:r TO: Michael C. Van Milligen, City Manage r----�_.., �>� � FROM: Gus Psihoyos, City Engineer ,,-. � �-�� SUBJECT: Overgrown Vegetation Removal Assessment DATE: November 21, 2018 INTRODUCTION The enclosed resolutions provide for the establishment of the final assessment for overgrown vegetation obstructing visibility for vehicular traffic and encroaching the Public Right-of-Way. BACKGROUND The City has received complaints about the vegetation on the southwest corner and the south and west edges of the property at 290 Bryant Street. This vegetation caused visibility issues for motorists exiting Rush Street onto Bryant Street, and caused an obstruction for pedestrians using the adjacent sidewalks. City of Dubuque Code of Ordinances, 6-8-2, Weed Abatement: states "It shall be the duty of the owner of any lot or parcel of land within the limits of the city to maintain the same free and clear of any dense growth of weeds, vin�s, brush ar other veg�tatian that may constitute a health, safety or fire hazard and any such growth is hereby declared a public nuisance." City of Dubuque Code of Ordinances, 16-3-5, Obstructions to Vision at Street Intersections Prohibited. A.: States "On any corner lot, a visibility triangle in which nothing shall be erected, placed, planted or allowed to grow as to materially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the average grades of the intersecting property lines, in the area bounded by said lines, and a line joining the points of such property lines at a distance of ten feet (10')from the property corners." lowa State Code Section 364.12.29(e) states failure to perForm the work will result in the City contracting the work and assessing any and all associated costs to the abutting owner the abutting property owner. DISCUSSION The Final Schedule of Assessments for the unpaid property for overgrown vegetation removal from the property is $257.50; this total includes the $25.00 administrative fee. BUDGETIMPACT The traffic enginPering (�1P 10Q5570U) is � gPn�r�l fund - lien acco��nts will reirr�t�urse the assessm�nt �mount, of $257.50 RECOMMENDATION I recommend that the City Council approve the r�;solutions �;sfi�blishing this Final Assc;ssment Schedule for the ov�rgrown vegetafion obstructing visibility for v�hicular traffir, and encroaching the pur�lic Right-of-Way in the amc�unt of �257.50 cc: J�nny Larson, Buciget Director Troy Kress, Engineering Tech 2 RESOLUTION NO. 355-18 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2018 OVERGROWN VEGETATION ASSESSMENT — VISIBILITY AND RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT 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); is hereby approved for the Overgrown Vegetation Assessment — Visibility and Right -Of -Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon the benefited properties, the respective sum indicated. The amount 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 § 364.12.29(e) Said assessment against said lot are hereby declared to be in proportion to the special benefit 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 Assessment 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 Assessment. 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 Hall, 50 W. 13th 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. Passed, approved and adopted this 3rd day of December 2018. Fft- S. Firnstahl, CM ;City Clerk OL/ Okoy D. Buol, Mayor NOTICE TO PROPERTY OWNERS FOR FILING OF THE FINAL ASSESSMENT SCHEDULE FOR OVERGROWN VEGETATION ASSESSMENT — VISIBILITY AND RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT 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: Overgrown Vegetation Assessment — Visibility and Right-Of-Way Obstruction Removal Assessment Project Consisting of the properties which are described as follows: PROPERT/ �OT PARCEL MAILING City, STREET VALUATION VEGETATION TOTALNET OWNER DESCRIPTION NUMBER ADDRESS State,Zip ADDRESS WITH pSSESSMENT ADMINISTRATIVE pSSESSMENT NAME IMPROVEMENT FEE Robertlohn Gneiser,II& �ot 4 Sub 145& 290 Dubuque, Elizabethl 146UnionAdd 1025361010 Bn,ant5t IA52001 z90BryantSt 594,460.00 $232.50 $25.00 $257.50 Runicka- Gneiser 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, lowa, 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 office of the City Treasurer, City Hall, 50 W. 13�h Street, Dubuque, lowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, lowa, and will draw annual interest at three percent (3°k) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of lowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Any unpaid balances will draw the same delinquent interest as ordinary taxes. Kevin Firnstahl, CMC, City Clerk CIT'OF DUBUQUE,IOWA 2018 Overgrown VegMetion Assessment Visibility end Rightrof-Wey Obstruction Remwel Assessment FINALASSESSMENTS DAIE: November21,2018 Thefollowingschedule is hereby determined mshow each bt pmposed m beasmssed forffie impmvementshown in ffietrtlemgetherwrth theamount pmposed m beasmssed agains[each lotand ffie valuationsshown opposite each lotare herebyfixed as VALUA710N PROPERT'OWNERNAME LOTDESCRIP'IION PARCEL MAILINGADDRESS City,STate,Lp 57ItEEfADDRE55 yNTM SIDEWALN ADMINIST TOTALNET NUMBER ASSESSMENT ASSESSMENT IMPROVEMENT RA7IVEFEE RobercJohn6neisu,ll&Eli�bethJRunicka6neisu Loc45ub145&146UnionAdd 1025361010 290BryantSt Dubuque,lA52001 290BryantSt $ 94,460.00 $ 23250 $ 25.00 $ 25750 $ 25750 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: December 7 & 14, 2018, and for which the charge is $57.01 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this?;day of 20 Notary ' rlic in and for Dubuque County MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE OFFICIAL NOTICE NOTICE TO PROPERTY OWNERS r, FOR FILING OF THE i FINAL ASSESSMENT G SCHEDULE FOR'." I OVERGROWN, - VEGETATION ASSESSMENT VISIBILITY AND RIGHT-OF-WAY OBSTRUCTION i REMOVAL ASSESSMENT ':PROJECT" December 7, 2018 TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOL- LOWS IN THE CITY OF DUBUQUE,: IOWA: The public improve- ment and location is as' follows: Overgrown Vegeta- tion Assessment Visi- bility and Right -Of -Way Obstruction Removal Assessment Project Consisting of the properties which are described as follows: Property Owner ' Name: Robert John Oneiser, 11`& Elizabeth J Runicka-Gneiser Lot Description: Lot 4`:,1 Sub 145 & 146 Union Add. Parcel. Number: 1025361010 Mailing Address: 290 Bryant St.Dubuque, IA 1 52001 Street Address: 290 Bryant St Dubuque, IA 52001 Valuation withIm- provernent: $94,460.00 Vegetation Assess- ment: $232.50 ssess-ment:`$232.50 Administrative Fee: -, $25.00 TOTAL NET ASSESS- MENT: $257.50 You are hereby noti- fied :that the Final Schedule of Assess- ments against the ben- efited properties within ;the District described above, a copy of which Final Schedule of As- sessments is attached hereto, has been adopted, and the as- sessments confirmed by the City Council of the .City of Dubuque, Iowa, and that said Fid nal Schedule of Assess- ments has been certi- fied to the . Dubuque County Treasurer. The assessments' may, be paid in full or in part I without interest at the C ty Treasurers Office,' C ty Hall,' 50 W. 13th 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 As- sessments with r -.the County Treasurer. Af- ter 30 days, unpaid as- sessments are payable at the County Treasur- ers reasur ers Office, Dubuque County ' Courthouse, 720 Central Avenue,. Dubuque, Iowa, and charges shall be col- lected in the same manner as general property, taxes against the 'respective parcels of the property set 'forth on the attached`' schedule. This notice given by direction of the City Council. of the City of Dubuque, Iowa, aspro- vided in Section 384.60 of the Code of Iowa. Kevin Firnstahl, CMC, City Clerk 2x 12/7, 14 '