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Sunset Ridge Reconstruction Project_Obstructions of Right-of-WayMasterpiece on the Mississippi TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sunset Ridge Obstruction in Right -of -Way July 13, 2010 It is important to note that regardless of the outcome of the public hearing on the Sunset Ridge Reconstruction Project, there will be letters going out to property owners to remove obstructions from the public right -of -way. In some cases, the property owner could receive approval to retain the items through a City license process. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael . Van Milligen Dubuque bititi AN- AmdicaCity III 2007 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: July 12, 2010 SUBJECT: Sunset Ridge Reconstruction Obstructions of Street Right -of -way INTRODUCTION BACKGROUND DISCUSSION MEMORANDUM This memorandum is to request approval to issue a letter to the Sunset Ridge property owners regarding the obstructions that currently exist on the public right -of -way. The letter would identify prohibited private obstructions in the public right -of -way which are required to be removed in preparation for the Sunset Ridge Reconstruction Project and the related utility relocations. These letters will be personalized for each property owner and their obstruction(s) per your approval. The project initiate was approved at the July 6 Council meeting based on the proposed schedule: public hearing — July 19; bid - letting — July 27; project award — August 2; and project completion — November 30. Although there are issues that still need to be addressed by the City Council, such as street width, on- street parking and sidewalk installation, the issue of a clear zone adjacent to the pavement remains. The prohibited obstructions that currently exists are: fences constructed of wrought iron, stone and split rail, planters made of brick and limestone, yard lights, brick pillars, brick walls, landscaping items, and flag poles. Possible unknown items such as sprinkler systems or invisible fences may also exist. Regardless of the council's decision regarding this reconstruction project, the prohibited obstructions should still be addressed. Two large stone pillars at the north end of the subdivision are also within the street right -of -way and very close to the existing and proposed street pavement. They are not necessarily claimed by any particular individual but certainly have historical value. We have not publically stated that they would be removed or relocated. If the project goes forward, these and other obstructions within the street right of way must be removed by the property owner at their expense prior to the City's contractor starting work. If the project fails to pass City Council, the obstructions should still be removed or the property owner must process a Revocable License request. It is the Engineering Department's recommendation to notify, as soon as possible, and provide a completion timeframe to the abutting property owners for removal or relocation of these public right -of -way obstructions. The notification will also state that such items will not be permitted on public right -of -way after the project completion. Should the project fail, the property owners may request approval through the license process for existing obstructions. ACTION TO BE TAKEN I request your review and approval of the issuance of the attached letter to the Sunset Ridge property owners in regard to the removal and /or relocation of public right -of -way obstructions and your opinion on the removal or relocation of the historic stone pillars at the north end of the project. cc: Barry Lindahl, City Attorney Bob Green, Water Plant Manager Bob Schiesl, Assistant City Engineer Jon Dienst, PE Ron Turner, RLS Jane Smith, Engineering Assistant II Attachs. K:\PROJECTS \Sunset Ridge Reconstruction 2010 \Correspondence\2010 7 -12 -10 MVM Memo re ROW Obstruction REGARDLESS of project.doc Masterpiece on the Mississippi CERTIFIED OWNER RE: Obstruction encroaching in the Public Right -of -Way Dear OWNER: July 12, 2010 Dubuque AI- America cnr 1111 2007 On July 6, 2010, the City Council approved the initiation of the Sunset Ridge Reconstruction Project. This assessable project will include new pavement, curbing, street lighting, and sidewalk installation. It will also involve utility upgrades such as storm sewer, water main, gas, telephone, cable television, electrical and the installation of a complete sanitary sewer system including a sanitary sewer forcemain with individual ejector pumps at each home site. In preparation for the project, the City has completed the staking of the proposed roadway sidewalk area required for the utility and pavement reconstruction. Engineering staff has also worked with the City Forester to evaluate and determine the best course of action for trees located in the public right -of -way. In order to complete this project by November 30, 2010, any obstruction encroaching within the street right -of- way must be removed by no later than AUGUST 15, 2010. Obstructions include( ). If not removed by this date, the City will remove and discard the obstruction(s). Any expense associated with such work for obstructions in the right -of way adjacent to your property will be assessed to your property. In order to safeguard pedestrian and vehicular traffic and allow ease in public utility maintenance, please be aware that upon project completion any decorative landscaping, including but not limited to plantings, fences, non - breakaway mailboxes, yard lights, pillars, flag poles, private underground fencing or sprinklers will not be allowed in the public right -of -way. If the project is not approved by the City Council, these obstructions must still be removed or the property owner must request a revocable license in order for the obstructions to be authorized. This request can be obtained by calling Engineering Department at 589 -4270. Obstructions must be removed or the license process applied for no later than August 15, 2010. Any expense associated with such work for obstructions in the right -of -way adjacent to your property will be assessed to your property. The City looks forward to working with you on this project. If you have any questions and /or need additional information on this matter, please contact me at (563) 589 -4270 or via e-mail at gpsihoyo @cityofdubuque.org. Sincerely, Gus Psihoyos, P.E. City Engineer cc: Michael C. Van Milligen, City Manager Steve Pregler, City Forester Bob Schiesl, P.E., Assistant City Engineer Jon Dienst, P.E., Civil Engineer 11 Jane Smith, Engineering Assistant II Enc. - Sent Certified Mail, Return Receipt K: \PROJECTS \Sunset Ridge Reconstruction 2010 \ Correspondence \2010 2010 7 -09 Sunset Property Owner Letter re ROW Obstruction REGARDLESS.doc