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Sunset Ridge Reconstruction Project InitiationMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sunset Ridge Reconstruction Project CIP 3002142 - Fiscal Year 2011 Street Construction Program CIP 7401405 - Fiscal Year 2011 Watermain Replacement Program CIP 3001629 - Fiscal Year 2011 Sunset Ridge Street Lighting CIP 7101801 - Fiscal Year 2008 Sunset Ridge Sanitary Sewer CIP 7202242 — Fiscal Year 2011 Storm Sewer DATE: July 1, 2010 Dubuque hall AN- AmedcaCity ' 1 1 1 ' 2007 In 2002, Sunset Ridge was accepted as a city street retroactive to the original plat of 1926. Up until 2002, the street was considered a private street and was maintained accordingly. Sunset Ridge was originally constructed with concrete in the mid 1920's. Sunset Ridge is currently a concrete street with an asphalt overlay that is paved approximately 20' wide. The last asphalt overlay was constructed in 1977 by the residents. There is very little curb and gutter on the street, no sanitary sewer and no sidewalks. City Engineer Gus Psihoyos is recommending preliminary approval of the construction plans and specifications using the non - standard street width for residential streets of 21 feet with no street parking allowed, and sidewalks on the west side of the street, approve the Resolution of Necessity, approve the Preliminary Schedule of Assessments, establish July 19, 2010 as the date of the public hearing, and hereby authorize the City Clerk to advertise for bid proposals for the Sunset Ridge Reconstruction Project. He further recommends that any cost above City of Dubuque standards be paid 100% by the property owners. A group of residents is discussing paying for the upgrade from the City standard streetlights to historic streetlights. City staff has informed the residents that they will need to coordinate as a group and be responsible for all of the upgrade cost from standard streetlights to historic streetlights. This was the same arrangement that was done for the upgrade of the Fremont Avenue streetlights with the residents in that corridor. The Sunset Ridge Reconstruction Project will provide for the reconstruction of the watermain, the installation of a sanitary sewer system, the installation of a street lighting system, the installation of sidewalk on the west side of the street and the reconstruction of the roadway with a new 21 -foot wide concrete roadway with curb and gutter. During the design process for this project, the Engineering Department met with the property owners as a group twice to discuss the pavement width, installation of sanitary sewer, the revised street alignment and installation of sidewalks. In addition, city engineering staff had numerous telephone conversations, on -site visits with many property owners and met one on one with all of the property owners to discuss the sanitary sewer system installation. In the many conversations Engineering has had with the property owners, there has been opposition to the sidewalk installation proposed and disagreement on what the street width should be. Engineering met with Public Works, Dubuque Fire, Health Services, City Attorney's Office and Human Rights to discuss these issues. The City Council has received several petitions from the residents requesting no sidewalks and a street width that remains at 21 feet wide. The residents as a group have repeatedly asked that the street width be kept at its current width with no sidewalks due to wanting to keep the intimate character of the neighborhood and to protect long- standing trees. Engineering has worked with the residents to try to come to a compromise on the street alignment, width and sidewalks to maintain the character of the neighborhood, yet still provide a street that can handle emergency vehicle widths and provide for a safe accessible route for pedestrians. The street is proposed to include the following: • 21 -foot wide street with curb and gutter — The narrow street will help maintain the current character of the street. The current street is approximately 21 feet wide and is centered in a 50 -foot right of way. The curb and gutter will be added to control the storm water runoff and to allow Public Works to identify the edge of the street during snow events and reduce damage to the abutting lawns. The curb also provides a barrier to protect pedestrians as well as being a detectable cue for pedestrians, especially those with visual impairments, that they are leaving the sidewalk and entering the street. • Sidewalks on one side of the street — The sidewalk is proposed to be installed on the west side of the street. Currently there is sidewalk on the west side of Wartburg Place, 30 feet north of the entrance to Sunset Ridge. The west side location has Tess of an impact on the long- standing trees in the corridor. The alignment of the street is proposed to be modified so the street and sidewalk together will be centered as much as possible in the existing right of way. The sidewalk installation would include a grass parkway in most areas. Engineering also followed up with a request by the City Council to review placing the sidewalk in the street. Engineering and Human Rights have serious concerns about pedestrian safety, available snow storage in the winter, and maintenance with this type of installation. The only time a sidewalk should be considered installed in the street is for a retrofit situation where there is absolutely no other way to provide for a sidewalk. That is not the case here. There is sufficient room for sidewalks to be installed on this project. City staff had a significant number of discussions concerning the sidewalks in this corridor. The installation of the sidewalk will help address a goal of the City Council to make Dubuque a walk -able community, improves the multiple modes of transportation to this neighborhood and provides a safe accessible route for pedestrians. Sidewalks will continue to build a connective network of sidewalks through Sunset Ridge and the connecting neighborhood. Standard street reconstruction designs call for 27' wide street with parking on one side of the street and sidewalk on both sides, as was detailed at the November 24, 2009 public information meeting. Assistant City Attorney, Crenna Brumwell, did extensive research on sidewalk inclusion with street reconstruction projects related to the Americans with Disabilities federal law and concludes the sidewalk must be installed, at a minimum, on one side of Sunset Ridge. Attached is the April 16, 2010 memorandum with legal findings. • No on- street parking — The 21 foot wide street will not allow for on- street parking. In order to maintain the existing street width, the parking has to be removed to provide sufficient room for emergency vehicles through the corridor. Emergency vehicles need a 20 -foot wide path in order to access the area. In order to provide for parking on one side of the street, a 27 -foot wide street would need to be constructed. Currently, there are many service vehicles that park in the street, leaving a 12 -foot lane to drive around the vehicle. Some residents want parking, some do not. Currently all of the residences are on septic systems. Several of these septic systems are non - functioning. The Health Department only has records on 10 of the 22 systems in operation. This project will utilize individual E -One grinder pumps at each residence and will install a forcemain system along the east side of the street. The cost of the individual grinder pumps and services will be assessed to each respective private property owner. The City will then assume ownership of the E -One pumps and will assume maintenance responsibilities for the sewer services for these residences which is consistent with other projects throughout the City. This project also includes the reconstruction of approximately 1,600 lineal feet of watermain, mainline valves, fire hydrants, and the replacement of 5 lead residential water services and installation of two new copper services for vacant lots. The cost of the individual lead residential water service replacements will be assessed to each of the 5 respective private property owners. Additionally, the project provides for the reconstruction of approximately 500 lineal feet of storm sewer and 7 catch basins to improve the storm water conveyance in the area. City staff met with the City Forester on this project to discuss the condition and impact to the existing City trees within the project corridor. The Engineering Department and City Forester agree that one tree will need to be removed due to its deteriorating condition. The remaining trees impacted by construction will need to be pruned, but not removed. In an effort to inform the impacted residents along Sunset Ridge, the Engineering Department staff conducted two public informational meetings. The open forum meetings allows staff to discuss the scope of the project, construction schedule, special assessment procedures, availability of financial assistance, as well as to answer any questions relating to the project. The public informational meetings proved to offer mutual benefit to both staff and residents. The first public information meeting was held November 24, 2009 at Washington Middle School. The second public information meeting was held at Wartburg Seminary on April 20, 2010. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van illigen Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: July 1, 2010 INTRODUCTION BACKGROUND DISCUSSION Michael C. Van Milligen, City Mana 7;) Gus Psihoyos, City Engineer ,/ Sunset Ridge CIP 3002142 CIP 7401405 CIP 3001629 CIP 7101801 CIP 7202242 • Reconstruction Project - Fiscal Year 2011 Street Construction Program - Fiscal Year 2011 Watermain Replacement Program - Fiscal Year 2011 Sunset Ridge Street Lighting - Fiscal Year 2008 Sunset Ridge Sanitary Sewer - Fiscal Year 2011 Storm Sewer Dubuque Aft-America qty 1 1 1 1 1 2007 The enclosed resolutions authorize the public bidding procedure for the Sunset Ridge Reconstruction Project which includes new pavement, sanitary sewer, storm sewer, watermain, sidewalk and street lighting. In 2002 Sunset Ridge was accepted as a city street retroactive to the original plat of 1926. Up until 2002 the street was considered a private street and was maintained accordingly. Sunset Ridge was originally constructed with concrete in the mid 1920's. Sunset Ridge is currently a concrete street with an asphalt overlay that is paved approximately 20' wide. The last asphalt overlay was constructed in 1977 by the residents. There is very little curb and gutter on the street, no sanitary sewer and no sidewalks. The Sunset Ridge Reconstruction Project will provide for the reconstruction of the watermain, the installation of a sanitary sewer system, the installation of a street lighting system, the installation of sidewalk on the west side of the street and the reconstruction of a new 21 -foot wide concrete roadway with curb and gutter. During the design process for this project, the Engineering Department met with the property owners as a group twice to discuss the pavement width, installation of sanitary sewer, the revised street alignment and installation of sidewalks. In addition, city engineering staff had numerous telephone conversations, on -site visits with many property owners and met one on one with all of the property owners to discuss the sanitary sewer system installation. In the many conversations Engineering has had with the property owners, there has been opposition to the sidewalk installation proposed and disagreement on what the street width should be. Engineering met with Public Works, Dubuque Fire, Health Services, Legal Counsel and Human Rights to discuss these issues. The City Council has received several petitions from the residents requesting no sidewalks and a street width that remains at 21 feet wide. The residents as a group have repeatedly asked that the street width be kept at its current width with no sidewalks due to wanting to keep the intimate character of the neighborhood and to protect long standing trees. Engineering has worked with the residents to try to come to a compromise on the street alignment, width and sidewalks to maintain the character of the neighborhood, yet still provide a street that can handle emergency vehicle widths and provide for a safe accessible route for pedestrians. The street is proposed to include the following: • 21 foot wide street with curb and gutter — The narrow street will help maintain the current character of the street. The current street is approximately 21 feet wide and is centered in a 50 foot right of way. The curb and gutter will be added to control the storm water runoff and to allow Public Works to identify the edge of the street during snow events and reduce damage to the abutting lawns. The curb also provides a barrier to protect pedestrians as well as being a detectable cue for pedestrians, especially those with visually impairments, that they are leaving the sidewalk and entering the street. • Sidewalks on one side of the street — The sidewalk is proposed to be installed on the west side of the street. Currently there is sidewalk on the west side of Wartburg Place, 30 feet north of the entrance to Sunset Ridge. The west side location has less of an impact on the long standing trees in the corridor. The alignment of the street is proposed to be modified so the street and sidewalk together will be centered as much as possible in the existing right of way. The sidewalk installation would include a grass parkway in most areas. Engineering also followed up with a request by the City Council to review placing the sidewalk in the street. Engineering and Human Rights have serious concerns about pedestrian safety, available snow storage in the winter, and maintenance with this type of installation. The only time a sidewalk should be considered installed in the street is for a retrofit situation where there is absolutely no other way to provide for a sidewalk. That is not the case here. There is sufficient room for sidewalks to be installed on this project. City staff had a significant number of discussions concerning the sidewalks in this corridor. The installation of the sidewalk will help address a goal of the City Council to make Dubuque a walk -able community, improves the multiple modes of transportation to this neighborhood and provides a safe accessible route for pedestrians. Sidewalks will continue to build a connective network of sidewalks through Sunset Ridge and connecting neighborhood. Standard street reconstruction designs call for 27' wide street with parking on one side of the street and sidewalk on both sides, as was detailed at the November 24, 2009 public information meeting. Assistant City Attorney, Crenna Brumwell, did extensive research on sidewalk inclusion with street reconstruction projects related to the Americans with Disabilities Federal law and concludes the sidewalk must be installed, at a minimum, on one side of Sunset Ridge. Attached is the April 16, 2010 memorandum with legal findings. • No on- street parking — The 21 foot wide street will not allow for on- street parking. In order to maintain the existing street width, the parking has to be removed to provide sufficient room for emergency vehicles through the corridor. Emergency vehicles need a 20 foot wide path in order to access the area. In order to provide for parking on one side of the street, a 27 foot wide street would need to be constructed. Currently, there are many service vehicles that park in the street, leaving a 12 foot lane to drive around the vehicle. There is disagreement among the residents on this issue. Some residents want parking, some do not. There are many encroachments into the right -of -way consisting of fences, walls and landscaping. Engineering will notify the residents to remove the encroachments prior to construction of the street. This project will be difficult to construct due to the deadend street, narrow corridor and the need to provide access at all times to the residents and emergency vehicles. The sanitary sewer main is proposed to be installed by directionally boring under the yards on the east side of the street to minimize disturbance of the yards and maintain access to the residences. The sanitary sewer services will be directionally bored to minimize the impacts on the established yards since all of the sanitary sewer service connections are in the backyards of the residences. The water main is proposed to be installed along the east side of the street so that access can be maintained by leaving most of the existing pavement in place during construction. All of the other utilities (gas, electric, cable, street lights and telephone) will be in a common corridor along the west side of the street, under the sidewalk. The concrete pavement will need to be paved in multiple phases in order to maintain access for the residents. Currently all of the residences are on septic systems. Several of these septic systems are non - functioning. The Health Department only has records on 10 of the 22 systems in operation. This project will utilize individual E -One grinder pumps at each residence and will install a forcemain system along the east side of the street. The cost of the individual grinder pumps and services will be assessed to each respective private property owner. The City will then assume ownership of the E -One pumps and will assume maintenance responsibilities for the sewer services for these residences which is consistent with other projects throughout the City. This project also includes the reconstruction of approximately 1,600 lineal feet of watermain, mainline valves, fire hydrants, and the replacement of 5 lead residential water services and installation of two new copper services for vacant lots. The cost of the individual lead residential water service replacements will be assessed to each of the 5 respective private property owners. Additionally, the project provides for the reconstruction of approximately 500 lineal feet of storm sewer and 7 catch basins to improve the storm water conveyance in the area. The existing street light system has not been operational for years. The new street lights are proposed to be the standard city residential street lights. Some of the residents have asked to install historic pedestal street lights similar to the lights that exist on lower Main Street. Engineering has informed the residents that any cost for the street lights above and beyond the City standard will need to be paid by the residents upfront. This is the same arrangement that was done for the upgrade to historic lights on Fremont Avenue during the Fremont Avenue Reconstruction Project. City staff met with the City Forester on this project to discuss the condition and impact to the existing City trees within the project corridor. The Engineering Department and City Forester agree that one tree will need to be removed due to its deteriorating condition. The remaining trees impacted by construction will need to be pruned, but not removed. PROJECT COORDINATION In an effort to inform the impacted residents along Sunset Ridge, the Engineering Department staff conducted two public informational meetings. The open forum meetings allows staff to discuss the scope of the project, construction schedule, special assessment procedures, availability of financial assistance, as well as to answer any questions relating to the project. The public informational meetings proved to offer mutual benefit to both staff and residents. The first public information meeting was held November 24, 2009 at Washington Middle School. The second public information meeting was held at Wartburg Seminary on April 20, 2010. Public Information Meeting #1 — November 24, 2009 At this meeting Engineering proposed a 27 foot wide street with sidewalks on both sides and 4 foot wide parkways. This would provide for parking on one side of the street and provide a safe accessible route for pedestrians. At this meeting the project scope and potential impacts were discussed with property owners. A possible project timeline was discussed for a street reconstruction project. The Engineering staff expressed the desire to install sidewalks on both sides and the merits of a 27' wide street and parking. Engineering also discussed the options for sanitary sewer on this street. At this meeting the residents reminded the City that they would prefer a 21' wide street and no sidewalks. Public Information Meeting #2 — April 20, 2010 Engineering staff met with the residents at Wartburg Theological Seminary to discuss the merits of sidewalks and a wider street than 21' wide for the neighborhood. Representatives of Human Rights, Health Services, Engineering, and Water were available to answer questions. At this meeting a concept for the street included a 21' wide street with curb and gutter, a 4' wide sidewalk along the west side of the street and 4' wide grass parkway. Most of the residents appeared to accept this proposed street typical section. However, there was still opposition to the sidewalk by some residents. PROJECT SCHEDULE The schedule for the project is as follows: Initiate Public Bidding Process Publish Notice to Bidders, Advertise for Bids Publish Public Hearing Notice on Plans, Specs, Assessments Mail Special Assessment Notice to Property Owners July 6, 2010 July 9, 2010 July 9, 2010 July 9, 2010 Publish Notice of Special Assessment: 1st Publication: 2nd Publication: Public Hearing on Plans & Specs, Spec. Assessments Pre -Bid Construction Conference Receipt of Bid Proposals (Bid- Letting) Award Construction Contract Project Completion Dates: RECOMMENDATION recommend that the City Council give preliminary approval to the construction plans, and specifications using the non - standard street width for residential streets of 21 feet with no street parking allowed, and sidewalks on the west side of the street, approve the Resolution of Necessity, approve the Preliminary Schedule of Assessments, establish July 19, 2010 as the date of the public hearing, and hereby authorize the City Clerk to advertise for bid proposals for the Sunset Ridge Reconstruction Project. I also recommend that any cost above City of Dubuque standards be paid 100% by the property owners. A group of residents are discussing paying for the upgrade from our standard street lights to historic street lights. City staff has informed the residents that they will need to coordinate as a group and be responsible for all of the upgrade cost from standard street lights to historic street lights. This was the same arrangement that was done for the upgrade of the Fremont Avenue street lights with the residents in that corridor. BUDGET IMPACT The estimate of probable cost for Sunset Ridge Reconstruction Project is summarized as follows: Construction Contract Contingency (10 %) Construction Engineering & Inspection Total Project Cost 5583,186.88 The estimated project category costs are as follows: Sanitary Sewer $466,549.50 46,654.95 69,982.43 July 9, 2010 July 16, 2010 July 19, 2010 July 20, 2010 July 22, 2010 August 2, 2010 November 30, 2010 Street & Water Main $762,779.40 76,277.94 125,858.60 5964,915.94 Cost Summary/Description Amount Street Construction Improvements $574,741.40 Special Assessment - Street Improvement, Residential Properties 107,936.29 Special Assessment - Street Improvement Deficiency, Paid by the City 0.00 Special Assessment - Water Services, Residential Properties 6,952.44 Special Assessment - Sanitary Sewer Lateral, Residential Properties 531,245.58 Sanitary Sewer Construction Fund 51,941.30 Special Assessment - Concrete Sidewalk, Residential Properties Watermain Improvements Storm Sewer Improvements Street Lighting Improvements Total Project Cost The project funding summary is as follows: CIP No. Fund Description 3002142 Street Construction Program Special Assessments (Street, Sidewalk) 7401405 Watermain Replacement Program 7101801 Sunset Ridge Sanitary Sewer 7202242 Sunset Ridge Storm Sewer Improvements 3001629 Sunset Ridge Street Lighting Total Project Funding 30,419.25 147,214.88 57,374.08 40, 277.60 $1,548,102.82 Fund Amount $ 574, 741.40 138, 355.54 154,167.32 583,186.88 57, 374.08 40,277.60 $1,548,102.82 The Sunset Ridge Reconstruction Project will be funded through the annual capital improvement project appropriation of City funds as noted above in the amount of $871,549.26. The project, as outlined, will require Special Assessments in the amount of $676,553.56 and expenditure from the FY2011 Annual Street Construction Program (funded through Local Option Sales Tax) in the amount of $574,741.40. PROPERTY ASSESSMENTS 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 Schedule of Assessments, establish the date of the public hearing, and authorize the City Clerk to advertise for bid proposals through the adoption of the enclosed resolutions for the Sunset Ridge Reconstruction Project. Prepared by Jon Dienst, P.E., Civil Engineer II cc: Crenna Brumwell, Assistant City Attorney Jenny Larson, Budget Director Don Vogt, Public Works Director John Klostermann, Street and Sewer Maintenance Supervisor Bob Green, Water Plant Manager Mary Rose Corrigan, Public Health Specialist Tim Link, Environmental Sanitarian, Health Services Dan Brown, Fire Chief Kelly Larson, Human Rights Director Greg Doeden, Civil Engineer II Deron Muehring, Civil Engineer II Dave Ness, Civil Engineer II Masterpiece on the Mississippi CRENNA M. BRUMWELL, E Q. ASSISTANT CITY ATTORNEY E MEMORANDUM v-c To: Gus Psihoyos, City Engineer DATE: April 16, 2010 RE: Americans with Disabilities Act and sidewalks I am writing to provide a summary of the statutory requirements, case law, and guidelines which address the interaction of the Americans with Disabilities Act (ADA) and city projects. The issue presented itself specifically with the upcoming reconstruction of Sunset Ridge. Sunset Ridge is a city street which does not currently have sidewalks. Question: Does the reconstruction of Sunset Ridge require the installation of sidewalks? Conclusion: The Americans with Disabilities Act (ADA) defines "public entity" to include local governments and "facility" to include both sidewalks and roadways. Facilities which are altered or newly constructed by, on behalf of, or for the use of a public entity, after January 26, 1992 are required to be accessible for persons with disabilities. "New construction is held to the highest standard of accessibility because the cost of including accessibility is minimal compared to the overall cost of construction." Individuals with disabilities cannot be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Courts have found that "sidewalks are, in and of themselves, programs, services, or activities for the purpose of the ADA's implementing regulations." A sidewalk must be installed along, a minimum of, one -side of Sunset Ridge during the construction process. Law: Code of Federal Regulations Title 28— Judicial Administration Chapter I— Department of Justice Part 35 — Nondiscrimination on the basis of disability in state and local government services § 35.101 Purpose. The purpose of this part is to effectuate subtitle A of title 11 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. § 35.102 Application. (a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities. (b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title 11 of the ADA (42 U.S.C. 12141), they are not subject to the requirements of this part. § 35.104 Definitions. For purposes of this part, the term -- Act means the Americans with Disabilities Act (Pub. L. 101 -336, 104 Stat. 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. 225 and 611). Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1)(i) The phrase physical or mental impairment means -- (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. (iii) The phrase physical or mental impairment does not include homosexuality or bisexuality. (2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (4) The phrase is regarded as having an impairment means - (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment. (5) The term disability does not include -- (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs. Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking Tots, or other real or personal property, including the site where the building, property, structure, or equipment is located. Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use. Public entity means -- (1) Any State or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act). §35.151 New Construction and alterations. (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (b) Alteration. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. (e) Curb ramps. (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. US Code Title 42 —The Public Health and Welfare Chapter 126 —Equal Opportunity for Individuals with Disabilities Subchapter 11—Public Services Part A— Prohibition Against Discrimination and Other Generally Applicable Provisions § 12131. Definitions As used in this subchapter: (1) Public entity The term "public entity" means — (A) Any State or local government; (B) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (C) The National Railroad Passenger Corporation, and any commuter authority (as'defined in section 24102 (4) of title 49). (2) Qualified individual with a disability The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. § 12132. Discrimination Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. United States Access Board American with Disabilities Accessibility Guidelines (ADAAG) 4.1.2 Accessible Sites and Exterior Facilities: New Construction. An accessible site shall meet the following minimum requirements: (1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks, to an accessible building entrance. (2) (a) At least one accessible route complying with 4.3 shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. Accessible Rights -of -Way: A Design Guideline 1.4 Rights -of -Way Guidelines Title II requires non - discrimination in all programs, services, and activities of public entities. The construction, alteration, or maintenance of the public rights -of -way is an activity of a public entity and is therefore subject to the nondiscrimination requirements. Federal Highway Administration Designing Sidewalks and Trails for Access Chapter 1 - Disability Rights Legislation and Accessibility Guidelines and Standards in the United States The Americans with Disabilities Act of 1990 (ADA) is a landmark civil rights law that both identifies and prohibits discrimination on the basis of disability. The Act prohibits discrimination in employment, telecommunications, transportation, access to facilities and programs provided by State and local government entities, and access to the goods and services provided by places of public accommodation such as lodging, health, and recreation facilities. People who design and construct buildings and facilities are responsible under the ADA to make them accessible to and usable by people with disabilities. 1.2.3 ADA Regulations that Apply to Public Entities Title II, Subpart A of the ADA prohibits State and local governments (public entities) from discriminating against people with disabilities in all programs, services, and activities. Title II, Subpart B prohibits discrimination against people with disabilities in public transportation provided by public entities (private transportation is covered in Title III). New construction is held to the highest standard of accessibility because the cost of including accessibility is minimal compared to the overall cost of construction. The current implementing regulations for Title II allow public entities the flexibility to use either UFAS or the ADA Standards for Accessible Design for new construction and alterations. Once a standard has been chosen, it must be followed completely for a given facility or project in both new construction and subsequent alterations (US DOJ, 1993b). New construction or alteration work commenced after January 26, 1992, must meet the requirements outlined in the ADA Standards for Accessible Design or UFAS. Questions and Answers About ADA/Section 504 Public Agencies covered by ADA and Section 504 1. What authority requires public agencies to make public right -of -way accessible for all pedestrians with disabilities? Public rights -of -way and facilities are required to be accessible to persons with disabilities through the following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) and Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12131 - 12164). The laws work together to achieve this goal. (9- 12 -06) 2. What do these statutes require public agencies to do? These statutes prohibit public agencies from discriminating against persons with disabilities by excluding them from services, programs, or activities. These statutes mean that the agency must provide pedestrian access for persons with disabilities to the agency's streets and sidewalks, whenever a pedestrian facility exists. Regulations implement this requirement by imposing standards for accessible features such as curb cuts, ramps, continuous sidewalks, and detectable warnings. (9- 12 -06) 3. Does the ADA require public agencies to provide pedestrian facilities? No. However, when a public agency provides a pedestrian facility, it must be accessible to persons with disabilities to the extent technically feasible. 5. What public agencies must provide accessible pedestrian walkways for persons with disabilities? All State and local governmental agencies must provide pedestrian access for persons with disabilities in compliance with ADA Title II. 42 U.S.C. §12131(1). Federal, State, and local governments must provide pedestrian access for persons with disabilities in compliance with Section 504 standards. 29 U.S.C. §794(a). (9- 12 -06) 9. What is the public right -of -way? The public right -of -way consists of everything between right -of -way limits, including travel lanes, medians, planting strips, sidewalks, and other facilities. (9- 12 -06) Projects Covered by the ADA and Section 504 16. What projects must provide pedestrian access for persons with disabilities? Any project for construction or alteration of a facility that provides access to pedestrians must be made accessible to persons with disabilities. 42 U.S.C. §§ 12131 - 12134; 28 CFR §§ 35.150, 35.151; Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S. 1033 (1994). (9- 12 -06) 17. What projects constitute an alteration to the public right -of -way? An alteration is a change to a facility in the public right -of -way that affects or could affect access, circulation, or use. Projects altering the use of the public right -of -way must incorporate pedestrian access improvements within the scope of the project to meet the requirements of the ADA and Section 504. These projects have the potential to affect the structure, grade, or use of the roadway. Alterations include items such as reconstruction, major rehabilitation, widening, resurfacing (e.g. structural overlays and mill and fill), signal installation and upgrades, and projects of similar scale and effect. (9- 12 -06) 18. What activities are not considered to be alterations? The DOJ does not consider maintenance activities, such as filling potholes, to be alterations. The DOJ does consider resurfacing beyond normal maintenance to be an alteration. DOJ's ADA Title II Technical Assistance Manual, § II- 6.6000, 1993. The FHWA has determined that maintenance activities include actions that are intended to preserve the system, retard future deterioration, and maintain the functional condition of the roadway without increasing the structural capacity. These activities include, but are not limited to, thin surface treatments (nonstructural), joint repair, pavement patching (filling potholes), shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage systems. (9- 12 -06) Timing of Accessibility Improvements 19. Does a project altering a public right -of -way require simultaneous accessibility improvements? Yes. An alteration project must be planned, designed, and constructed so that the accessibility improvements within the scope of the project occur at the same time as the alteration. 29 CFR § 35.151; Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S. 1033 (1994). The ADA does not stipulate how to perform simultaneous accessibility improvements. For example, a public agency may select specialty contractors to perform different specialized tasks prior to completion of the alteration project or concurrently with an ongoing project. (9- 12 -06) 20. When does the scope of an alteration project trigger accessibility improvements for people with disabilities? The scope of an alteration project is determined by the extent the alteration project directly changes or affects the public right -of -way within the project limits. The public agency must improve the accessibility of only that portion of the public right - of -way changed or affected by the alteration. If a project resurfaces the street, for accessibility purposes the curbs and pavement at the pedestrian crosswalk are in the scope of the project, but the sidewalks are not. Any of the features disturbed by the construction must be replaced so that they are accessible. All remaining access improvements within the public right -of -way shall occur within the schedule provided in the public agency's planning process. (9- 12 -06) 22. When should accessible design elements be incorporated into projects in the public right -of -way? FHWA encourages the consideration of pedestrian needs in all construction, reconstruction, and rehabilitation projects. If a public agency provides pedestrian facilities, those facilities must be accessible to persons with disabilities. A public agency is not relieved of its obligation to make its pedestrian facilities accessible if no individual with a disability is known to live in a particular area. This is true regardless of its funding source. DOJ's ADA Title II Technical Assistance Manual, § 11- 5.1000, 1993. (9- 12 -06) Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S. 1033 (1994) The regulations concerning new construction and alterations are substantially more stringent. When a public entity independently decides to alter a facility, it "shall, to the maximum extent feasible, be altered in such a manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities." This obligation of accessibility for alterations does not allow for non - compliance based upon undue burden. Streets are considered existing facilities under the regulations. If a street is to be altered to make it more usable for the general public, it must also be made more usable for those with ambulatory disabilities. New construction and alterations, however, present an immediate opportunity to provide full accessibility. Reichenback v. City of Columbus, 2006 WL 2381565 (S.D.Ohio) Alterations of facilities, commenced after January 26, 1992, "by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facilities or part of the facility shall, to the maximum extent feasible, be altered in such a manner that the altered portion of the facility is readily accessible and usable by individuals with disabilities." Facilities include roads and walks. Culvahouse v. City of Laporte, Indiana, 2009 WL 5215367 (N.D. Ind.) The ADA doesn't require installation of sidewalks where none currently exists. New facilities -those built or altered after January 26, 1992 -must be made readily accessible to and usable by individuals with disabilities "This courts deigns to find that sidewalks are, in and of themselves, programs, services, or activities for the purpose of the ADA's implementing regulations." Under Title 11, disabled individuals must be provided with "meaningful access" to a public entity's programs and services. "In sum, Title II requires...special accommodations for disabled persons in virtually every interaction they have with the State." cc: Michael C. Van Milligen, City Manager Kelly Larson, Human Rights Director RESOLUTION NO. 241-10 SUNSET RIDGE RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: the proposed plans, specifications, form of contract and estimated cost for the Sunset Ridge Reconstruction Project, in the estimated amount $1,548,102.82, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. a public hearing will be held on the 19 day of July, 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the 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 not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. -- The Sunset Ridge Reconstruction Project is hereby ordered to be advertised for bids for construction. 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. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not Tess than four but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 22 day of July, 2010: Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2 nd day of August, 2010, in the Historic Federal Building Council Chambers (second floor), 350 West 6 th Street, Dubuque, Iowa. Attest: Passed, adopted and approved this 6th day of July Jeanne F. Schneider, CMC, City Clerk 010. Roy D. Buol, Mayor NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT NOTICE IS HEREBY GIVEN: The City Council of the City of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimated cost for the Sunset Ridge Reconstruction Project, in accordance with the provisions of Chapter 26, Code of Iowa, at 6:30 p.m., on the 19 day of July, 2010, in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto. The scope of the Project is as follows: Reconstruction of the watermain; installation of a sanitary sewer system; installation of a street lighting system; installation of sidewalk on the west side of the street; and reconstruction of the roadway with a new 21 -foot wide concrete roadway with curb and gutter. 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) 690 -6678 at least 48 hours prior to the meeting. 2010. Published by order of the City Council given on the day of Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 242-10 SUNSET RIDGE RECONSTRUCTION PROJECT APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The attached plat, schedule of assessments, and estimate of total cost for the Sunset Ridge Reconstruction Project and the proposed Resolution of Necessity are hereby approved and ordered placed on file in the Office of the City Clerk. The City Council will meet on the 19 day of July, 2010, at 6:30 p.m. at the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, 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 the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause the attached notice of the 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 Tess than ten days prior to the day fixed for its consideration. Passed, approved and adopted this 6th day of Attest: / eanne F. Schneider, CMC, City Clerk July , 2010. 1 Roy D. Buol, Mayor To: Dubuque City Council Dear Honorable Mayor, City Council members, City Manager, I submit the enclosed documents as a petition from my neighbors and I on Sunset Ridge to support a request to be heard at the March 15 City Council meeting. There is unanimous desire for a narrowed street with no sidewalks when Sunset Ridge is reconstructed. Even the couple of neighbors who are wintering down south support this position, but were unable to get original documents signed this week. A precedent has been set on Wartburg Place, where it was determined that a sidewalk on only one side was acceptable for a neighborhood that has student housing and a higher level of traffic. Once you enter the historic stone columns that define Sunset Ridge, the traffic count goes down significantly. Few other neighborhoods in the City have this unique setting that called into question its very status as a public street or private drive. It retains the "private drive" feel that was laid down almost 100 years ago. Many of the large trees close to the street are irreplaceable treasures that date from that time. Their preservation is paramount. The street is a favorite walking path for many residents and neighbors beyond. While the improvemet of the street surface will make walking friendlier, the continued low level of vehicular traffic warrants no sidewalks, to maximize the natural beauty of the neighborhood we all appreciate. Even with no curbs, there are rarely any vehicles parked on the street, mostly lawn service contrac- tors. Even with their big trailers, they are never an unmanagabte obstacle. Traffic count is unlikely to ever go up. We certainly feel no need for a street wide enough for two lanes of traffic and a parking lane. We appreciate your consideration of our position on this project. Thank you, Tim McNamara 700 Sunset Ridge Dubuque, IA 52003 0 o� / 7') L"--- ...L) x co© >0 Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) Signature Address V I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. X' I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) i-4 /4 _65 Signature ;574./ Address 600 .5 VA-) ,€ I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. h I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. {NC(► �tASs�/ Name (Print) 41ViN` Signature LIA0C4Pk: Address oftLES td I am in favor of a 24' to 25 wide (back to back of curb) street width of the Sunset Ridge reconstruction project. I/I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. .a Other desired specifications) �� P� S/j�: Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) -)445s44r _ '`� y, i 1, Signature Address 26 5 ccv7S43-/- +'' I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. v-•"--I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. �' Other desired specification(s) ��rcc.d-erd Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. ��,j/ d �/� Name (Print) "�'i" �-.� "� pe4 l� �� � �'r l ye 4'' De L iC/r F Signature G" � "..-,� � /)/ [ C__Lko �`- '� Address I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) Signature Address /2(ch ra. I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. XI am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. 2cI am in favor of sidewalks NOT being installed as part of the street reconstruction of -s—et Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. AV Name (Print) _�•� �l'��( .,=� ��v,'��j ��lqe G'7i�yu-av4./ Signature � l��,z _ �CC�'�Ge--� w t . /�"✓�-��,�J Address i 6)(-' Gt F V" I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. /I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) •rG E 4 L0 Cv n L e IL, Signature J _� Address 6 5"5 c,t,usex- 2� am in favor of a 2 ' o 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. :,‘, Name (Print) �h SCJ 4 /�Ck tk k i Signa re te^--'�- Address TO S u GL r.‹._ f l� i I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. i I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) f'' 1 a Y K -" r ` ,(2' t ` Signature Address f t ��t -� �l� f✓ ��q �ti`'� J �� vl am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. L— am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) WS S L ' 7 vY /7 El l Z PIA IQ l Signature Address 7. $' v s? r 21 E _ 64. v Qv B ( 4 ✓ I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) aQ C li✓ e /e -e/no?er_ / r <-9 Signature Address .3 © 9 I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. v I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) G' L� ,1ti-L re.! 1—<6(ye , Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. 505 Name (Print) Q hi LP Signaturere Address � S WiS'F'rT- -if; ; dry r" I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset 'dge reconstruction project. XI am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Address Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) Gnip Aokl eAlb Signature )11 J /0, (15s I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) 6O-Vk 19( 8-4-41\3 )0e,) „ ✓r, doC it: --ire , I (��'cik, Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) \ et,/ Signature Address (10 I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) -e, \N) k t 5 k a V'ei;t,,, Lt, ti .-cs; %� OS a.. "\c W v tti lJ 0.. w'0cr ad o \r-an ti• \1� 1c),,,N3 1, 1)%cr\\A_v") a� e aw•4�'�� oko \ \T Iry kANa< VQ._ Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) -., ( /A./, . e (1- Signature Address R S) G ✓ I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. / Other desired specification(s) n a VG D3 c = M c CP, CD m C� a m co ,a Sunset Ridge Street Reconstruction Project Dear honorable City Council and Mayor, As a resident of Sunset Ridge, I wanted you to be aware of my household's desires and thoughts of the reconstruction of our street. I am requesting a variance from city street polices and guidelines, as indicated below, primarily due to the low traffic volume of Sunset Ridge (a dead- end street) and the historic fabric of the neighborhood we wish to preserve. Name (Print) /(Yh/ f (/` ig-o64174i1 Signature Address 75 ii ��hfe- /4)pr_, V I am in favor of a 24' to 25' wide (back of curb to back of curb) street width of the Sunset Ridge reconstruction project. I am in favor of sidewalks NOT being installed as part of the street reconstruction of Sunset Ridge. Other desired specification(s) Page 1 of 1 Jeanne Schneider - FW:Sunset Ridge Action Item From: To: Date: Subject: Attachments: Jacqueline Nemmers <nemmers@msn.com> <rdbuol@cityofdubuque.org> 03/15/2010 1:32 AM FW:Sunset Ridge Action Item DSC00168.JPG; DSC00172.JPG; DSC00179.J PG; DSC00180.J PG Dear Mayor Buol, The residents of Sunset Ridge have been advised by Engineering to petition the City Council to request variances for the reconstruction of our street. Sunset Ridge has been a 20-21' dead-end street with no sidewalks for almost 90 years. Steve Pregler, the City Forester, has evaluated the trees on Sunset Ridge and his recommendation is that the street be reconstructed to its current width in order to preserve a large stand of 80 year old spruce trees at the beginning of the street. Widening of the street will damage the root systems resulting in the possible or even probable loss of the trees. Over the past 40 years I have invested considerable money and effort having the trees trimmed and maintained annually. As long as the trees remain healthy they should live for another 80 years. I hope you will be able to drive down the street and look at the situation. Thank you for your assistance and for taking the time to read this. Sincerely, Genevieve Nemmers 500 Sunset Ridge From: nemmers@msn.com To: nemmers@msn.com Subject: Date: Mon, 8 Mar 2010 16:33:37 -0600 Your E-mail and More On -the -Go. Get Windows Live Hotmail Free. Sign up now. The New Busy is not the old busy. Search, chat and e-mail from your inbox. Get started. file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise\4B9E05BFD... 03/15/2010 PROPERTY OWNER NAME LOT DESCRIPTION PARCEL NUMBER VALUATION WITH IMPROVEMENT NET PAVING IMPROVEMENT COST NET PAVING IMPROVEMENT DEFICIENCY TOTAL PUBLIC IMPROVEMENT COST WATER SERVICE COSTS SANITARY SEWER PRIVATE LATERAL COST CONCRETE SIDEWALK COST TOTAL NET ASSESSMENT Nemmers, Genevieve F. Lot 1 -29 & 2 -28 Sunset Ridge Sub 10 35 252 001 $335,137.98 $4,207.46 $0.00 $4,207.48 $20,930 52 $0.00 $25,137.98 Koopmann, Leonard & Jody Scott Koopmann Lot 1 -1 -2 ML 129 & Lot 2 -1 Sunset Ridge 10 35 179 003 $425,748.38 $1,148.90 80.00 $1,148.90 $26,199.48 $0.00 $27,348.38 Wagner, Hubert & Elma N. Lot 1 -1 Sunset Ridge Sub 10 35 251 001 $386,326.13 54,357.69 50.00 $4,357.69 520,759.48 $4,208.96 529,326.13 Scott, Michael H. & Nicola M. Lot 2 Sunset Ridge & Lot 2 -1 -2 ML 129 10 35 179 004 $370,353 13 53,308.54 $0.00 $3,308.54 $20,659.87 $1,784.92 $25,753.13 Schmitz, Margaret B Trustee Lots 27, 1 -28 & 2 -29 Sunset Ridge Sub 10 35 252 003 $354,574 75 $6,125.01 50.00 58,125.01 $918.39 $25,031.35 $0.00 $32,074.75 Wahlert, Susan L. Trustee Revocable Tr Sunset Ridge No 2 Lots 2 -2 & 2 -1 Both of ML 129 10 35 179 010 $596,853.39 $6,366.36 50 00 $6,366.36 521,790.10 $3,496.93 $31,653.39 Obbink, Bruce A. & Knsti R. Lot 26 Sunset Ridge Sub 10 35 252 004 $488,398 21 $3,183 18 $0.00 $3,183.18 $22,805.03 $0.00 $25,988.21 Mohr, Matthew D. & Jennifer M. Lot 25 Sunset Ridge Sub 10 35 252 005 $358,453.66 $3,183 18 $0 00 53,183.18 $918 39 $21,152.09 $0.00 $25,253.68 Eddy, Jeffrey W. & Charlene A. Lot 2 -1 -1 ML 129 & Lot 5 Sunset Ridge 10 35 179 007 $301,127.38 $3,220 62 50.00 $3,220.62 522,218.81 $1,488.15 526,927.38 De Long, Myra E. Lot 24 Sunset Ridge Sub 10 35 252 006 $416,310.08 $3,213 97 50.00 $3,213.97 524,598.11 $0.00 $27,810 08 Kennedy, James G. & Frances D. Lot 6 Sunset Ridge & Lot 1 -1 -1 ML 129 10 35 179 008 $442,653.97 $3,476 25 $0.00 $3,476.25 $27,248.31 $2,729 41 $33,453 97 Krems, Jon N. & Molly A. Lot 22 & S 20' Lot 23 Sunset Ridge Sub 10 35 252 008 $347,728.48 $3,886.31 $0.00 $3,886.31 $21,142.17 $0.00 525,028.48 Roling, Benjamin M. Lot 21 Sunset Ridge Sub 10 35 252 009 $343,231.32 $3,241.80 50.00 53,241.80 $19,989.52 50.00 $23 231 32 Conlon, Stephen D. Lot 1 Sunset Ridge #4 10 35 251 005 $785,086 34 $9,074.96 $0.00 $9,074.96 $23,580.73 55,630.65 538,286.34 Richardson, James R. Lot 1 Sunset Ridge #3 10 35 252 012 $353,535 13 53,260.76 50.00 53,260.78 $24,274.37 $0.00 527,535.13 Their, Tony A. & Anna K. Lot 2 Sunset Ridge #3 & N 1/2 Lot 18 Sunset Ridge 10 35 252 014 $295,345 28 $5,023.84 $0.00 $5,023.64 $918.39 $19,653.23 $0.00 525,595.26 Kalb, Andrew E. & Conlon, Rebecca E. Lot 1 Sunset Ridge #5 10 35 251 006 $411,222.65 $5,622 10 $0 00 $5,622.10 523,364.48 $3,436.07 $32,422.65 McNamara, Timothy J. S 1/2 Lot 18 Sunset Ridge 10 35 402 002 $253,981.29 $1,594 18 50.00 $1,594.18 $918.39 516,668.72 $0.00 519,181.29 Wertheimer, Mark & Barbara R. Lots 13, 1 -1 -14, 2 -12 All in Sunset Ridge 10 35 401 002 5553,781.04 $4,486 74 50.00 54,486.74 $19,107.02 $2,087.28 525,681.04 Heitzman, Wesley W. & Hamel Lot 1 -15 Sunset Ridge 10 35 402 005 5280,484.15 $4,361 14 50.00 $4,361 14 $918 39 521,804.62 $0 00 $27,084.15 Woodward, Thomas N. & Charlice L. Lot 2 Faldorf Place (4.6 Ac) & Lots 2 -14 & 2 -15 Sunset Ridge 10 35 402 009 5555,436.91 $8,975 46 50.00 $8,975.46 $22,993.51 5767.94 532,736.91 Smith, Peter L. & Susan M. Lot 2 -14 Sunset Ridge 10 35 401 003 5264,636.56 53,630.92 50.00 $3,630.92 517,734.28 $1,971.36 523,336.56 Kennedy, James G. & Frances D. Lot 2 -7 Sunset Ridge Sub 10 35 251 002 $28,025.39 $1,501.57 $0.00 $1,501.57 $0.00 50.00 $1,501.57 De Long, Myra E N 80' or Bal Lot 23 Sunset Ridge Sub 10 35 252 007 588,534.67 $2,566.00 $0 00 52,566.00 53,068.67 50.00 55,634.67 Conlon, Stephen D. Lot 2 Sunset Ridge #5 10 35 401 005 $78,230.04 $2,534.97 $0.00 $2,534.97 $1,442.10 $0.00 $1,724.70 $5 701.77 McNamara, Timothy J. Lot 17 Sunset Ridge 10 35 402 003 $35,174.85 $3,193 77 50.00 $3,193.77 $918.39 $3,762.69 $0.00 $7,874.85 McNamara, Timothy J. Lot 16 Sunset Ridge 10 35 402 004 $50,885.30 53,190.82 50 00 $3,190.82 $9,394.48 $0.00 $12,585.30 Wartburg Theological Seminary Lot 1 -1 & 2 -1 both of ML 132 10 35 128 006 $991,612.88 $0.00 $0.00 50.00 50.00 $1,092 88 51,092 88 Conlon, Chnstine "All" McDonald Wartburg Place 10 35 201 007 $737,616.35 $0.00 50 00 $0 00 $31,316.35 $0 00 $31,316 35 CITY OF DUBUQUE, IOWA SUNSET RIDGE RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: July 6, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. TOTALS = 5107,936.29 56,952.44 8531,245.59 530,419.25 5676,553.57 NOTICE TO PROPERTY OWNERS SUNSET RIDGE RECONSTRUCTION PROJECT Notice is given that there is now on file for public inspection in the office of the clerk of the City of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost 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 the City of Dubuque, Iowa, for a public improvement of the type(s) and in the location(s) as follows: The reconstruction of Sunset Ridge will include the reconstruction of the watermain; installation of a sanitary sewer system; installation of a street lighting system; installation of sidewalk on the west side of the street; and reconstruction of the roadway with a new 21 -foot wide concrete roadway with curb and gutter. The street is 1600 feet long. The proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: Sunset Ridge Reconstruction Project — Wartburg Place to the End The City Council will meet on the 19 day of July, 2010, at 6:30 p.m. at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, 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 the Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the 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) 690 -6678 at least 48 hours prior to the meeting. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 243-10 RESOLUTION OF NECESSITY FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the Sunset Ridge Reconstruction Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sunset Ridge` Reconstruction Project — Wartburg Place to the End There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against /the improvement, its cost, the assessment, or the boundaries of the district: The City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is 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 in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying within the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of July , 2010. eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor NOTICE TO BIDDERS CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT SUNSET RIDGE RECONSTRUCTION PROJECT Time and Place for Filing Sealed Proposals. Sealed bids for the work comprising each improvement as stated below must be filed before 2:00 p.m. on 22 day of July, 2010, in the Office of the City Clerk, City Hall - First Floor, 50 West 13 Street, Dubuque, Iowa. Time and Place Sealed Proposals Will be Opened and Considered. Sealed proposals will be opened and bids tabulated at 2:00 p.m. on July 22, 2010, at City Hall - Conference Room B, 50 West 13 Street, Dubuque, Iowa, for consideration by the City Council (Council) at its meeting on August 2 2010. The City of Dubuque, Iowa, reserves the right to reject any and all bids. Time for Commencement and Completion of Work. Work on each improvement shall be commenced within 10 days after the Notice to Proceed has been issued and shall be fully completed by November 30, 2010. Bid Security. Each bidder shall accompany its bid with a bid security as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond, acceptable to the governmental entity, for the faithful performance of the contract, in an amount equal to one hundred percent of the amount of the contract. The bid security shall be in the amount of ten percent (10 %) of the amount of the contract and shall be in the form of a cashier's check or certified check drawn on a state - chartered or federally chartered bank, or a certified share draft drawn on a state - chartered or federally chartered credit union, or the governmental entity may provide for a bidder's bond with corporate surety satisfactory to the governmental entity. The bid bond shall contain no conditions excepted as provided in this section. Contract Documents. Copies of the construction documents may be obtained at the Engineering Department, City Hall — Second Floor, 50 West 13 Street, Dubuque, Iowa 52001. No plan deposit is required. Preference for Iowa Products and Labor. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa statutes. Sales Tax. The bidder should not include sales tax in its bid. A sales tax exemption certificate will be available for all material purchased for incorporation in the project. General Nature of Public Improvement. Sunset Ridge Reconstruction Project CIPs: 3002142, 7401405, 3001629 Reconstruction of the watermain; installation of a sanitary sewer system; installation of a street lighting system; installation of sidewalk on the west side of the street; and reconstruction of the roadway with a new 21 -foot wide concrete roadway with curb and gutter. Pre -Bid Construction Conference. Each prospective bidder is encouraged to attend the Pre -Bid Construction Conference to be held at 8:30 am on 20 day of July, 2010, in Conference Room A in City Hall at 50 W. 13 Street, Dubuque, Iowa. Attendance by all prospective bidders is not mandatory but highly recommended. Published in the Telegraph Herald, July 9, 2010.