Stonehill Sidewalk remov;al request
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MEMORANDUM
October 28, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Stonehill Sidewalk Removal Request
In response to a request from Stonehill Community Association to permanently remove
290 feet of public sidewalk abutting Windsor Avenue that is in need of repair, Acting
Public Works Director/City Engineer Gus Psihoyos recommends denial of that request.
The stretch of sidewalk is used by individuals who park on this section of Windsor
Avenue. The section of sidewalk will connect with future development that will occur on
the vacant abutting property.
The City has denied other requests for removal of sidewalks when property owners
have contended that the sidewalk was affected by tree roots or there was minimal use
of the sidewalk
I concur with the recommendation and respectfully request Mayor and City Council
denial of the request to remove the sidewalk.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, Acting Public Works Director
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MEMORANDUM
October 11,2004
TO:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Acting Public Works Director _JD
SUBJECT: Stonehill Sidewalk Removal Request
FROM:
INTRODUCTION
This memorandum is a follow-up to recent discussion on the request of Stonehill
Community Association to permanently remove public sidewalk abutting Windsor
Avenue.
BACKGROUND
On March 26, 2004, Stonehill Community Association was notified of its violation
of City of Dubuque Code of Ordinances, Section 41-101, concerning sidewalk
defects. On April 6, 2004, the Stonehill Community Association requested the
permanent removal of approximately 290 feet of sidewalk abutting Windsor
Avenue.
The roots from two trees were identified as one of the contributing factors to the
defects. The City Forester has agreed to remove the northerly tree; and once the
sidewalk is temporarily removed, the Forester will examine the root system of the
second tree to determine if the tree can be saved with sidewalk modification.
Based on your concurrence of Engineering's July 26, 2004 recommendation, a
letter was directed to Mr. Harold Conzett, the President of the Stonehill
Community Association, denying the request for permanent sidewalk removal.
If Stonehill's request for removal is approved, the City has and will receive other
similar requests to remove sidewalks that property owners feel are not utilized,
affected by tree roots or in areas of undeveloped lands. Attached are a few
photographs and maps of similar situations.
DISCUSSION
According to the US Department of Transportation (USDOT), the benefits of
walking include: improved personal fitness, cleaner air, reduced risks of certain
health problems, and a greater sense of community. But walking needs to be
easy and safe. The USDOT recommend that it should always be assumed that
people will walk and plans should be made to accommodate pedestrians. They
add that if people aren't walking, it is probably because of inadequate walkways
or physical barriers such as highways or bridges.
Two of the common ways to increase the safety of pedestrians are to provide
crosswalks and well-maintained walkways separate from vehicles. Research has
shown that sites with no sidewalks were the most hazardous to pedestrians.
The City's Comprehensive Plan and Subdivision Regulations support the
extension of sidewalks throughout the community as outlined below:
2002 DUBUQUE COMPREHENSIVE PLAN
Goals and Objectives That Support Pedestrian Access
LAND USE AND URBAN DESIGN GOALS
1. To protect and enhance the viability, livability and affordability of the
city's residential neighborhoods while integrating multifamily
development throughout the community.
1.3 Connect and interrelate neighborhoods with greenbelts or other
pathways, commercial nodes or public facilities.
Provide neighborhood amenities throughout the community in an
equitable manner.
1.6
8. To provide physical accessibility throughout the city.
8.1 Encourage and facilitate urban accessibility by walking, cycling,
and/or public transit as well as by auto.
Encourage new development concepts that by design enable
people to walk to work, school, day care, shopping and recreation.
Facilitate, where possible, enhanced accessibility within existing
development.
Encourage the development of pathways that link the community
together in a cohesive manner.
Encourage the provision of access to persons with disabilities.
8.2
8.3
8.4
8.5
9. To establish and improve hike and bike routes in the city to encourage
alternative modes of transportation.
9.2 Provide a more bicycle- and pedestrian-friendly transportation
network.
9.4
Encourage development patterns more compatible with non-
motorized travel.
INFRASTRUCTURE GOALS
5. To provide for, maintain and improve safe, accessible public
sidewalks and steps throughout the community, where possible.
Maintain and improve the condition of public sidewalks, steps, walks,
and handrails.
5.1
There has been no development plans or recent discussion about the abutting
property (approximately 70 acres) with City staff; however, the existing and
abutting areas have the potential to serve a significant population.
Although it is a dead-end street, it is used by guests/visitors for additional parking
to reach area residents. It could also be used as a back entrance to the
Association by further extension of its sidewalk system.
It is our position that if the City approves this request that there will be similar,
and possibly numerous requests to remove sidewalks that may not be used or
under utilized. City sidewalks are considered an asset to the community for they
provide a means for citizen wellness as well as a means to explore and enjoy
areas of the City, not to mention the safety of not having to walk in the street.
RECOMMENDATION
It is recommended that the City Council give direction to staff on the request from
the Stonehill Community Association. If the Council approves this request to
remove the public sidewalk, Engineering would like the Council's
position/direction on how to handle similar situations for sidewalk removal due to
defect or sidewalks that are not and/or under utilized.
Laura Carstens, Planning Services
Kyle Kritz, Planning Services
Jane Smith, Engineering
Kelly Ambrosy, Engineering
Ron Turner, PLS
Attach.
cc:
'City of Dubuque
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Area #1 :
Admiral Street
Admiral Street - Looking North
Area #2:
Rosemont Street
Rosemont Street - Looking North
Area #3:
Grant Street
Grant Street - Looking North
Area #4:
Arbor Hills Drive
and Castlewoods
Arbor Hills Drive - Looking East
Castle Woods - Looking East
Area #5:
Tiffany Court
Tiffany Court - Looking East
Area #6:
Richards Road
Richards Road - Looking South
Stonehil/ Community Association
800 Stone Ridge Place
Dubuque,]A 52001
Mayor and City Council Members
c/o City Clerk, City Hall
50 West 13th Street
Dubuque, IA 52001
We are requesting permission to remove and not immediately replace the sidewalk on the
west side of Windsor Avenue, north of Stone Ridge Place. This sidewalk is located on
property owned by Stone Hill Community Association, whose members comprise the
owners of the eighty-seven units in Stonehill Community. An earlier letter of April 6,
2004 made this request to the City Engineer and we have received letters from the
Engineering Assistant (April 29, 2004) and the Acting Public Works Director (July 20,
2004) denying our request. We now turn to you for assistance. Several factors have
caused us to make this request:
1. The sidewalk is currently in extremely poor condition. Stonehill Community
Association accepts that it has the financial responsibility for condition of the
sidewalk.
2. Much of the damage to the sidewalk has occurred because of roots of two trees which
were planted between the sidewalk and the street. We have been told by the City
Engineering Division that the City Forester has agreed that if the sidewalk is replaced
in its current position one of the two trees should be removed and the other is
threatened or the new sidewalk faces similar deterioration.
3. The City Council has expressed a desire to maintain trees as part of the landscape in
Dubuque and Stonehill Community Association supports these policies. In recent
years we have purchased additional trees for planting on our property.
4. A series of arbor vitae are on the west side of the sidewalk and thus it cannot be
moved further away from the street.
5. The sidewalk is along a portion of Windsor Avenue which ends in a cul de sac. Thus
it is minimally used and "leads to nowhere". The only access north of Stone Ridge
Place is by crossing over our lawn into our parking lot. There are no adjoining
sidewalks or driveways.
Thus we propose:
To remove the sidewalk and replace it with grass. If and when Windsor Avenue is
developed beyond its current terminus, Stonehill Community Association will re-
install a sidewalk in consultation with the city, probably after the removal of the two
existing trees.
Sincerely,
~~
829 Stone Ridge Place
President, Board of Directors
Stonehill Community Association
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Larry Zettel
884 Stone Ridge Place
Treasurer, Board of Directors
Stonehill Community Association
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City of Dubuque
Engineering
50.W.13'"Street
Dubuque, IA 52001
(563) 589.4270
(563) 589.4205 FAX
July 20, 2004
Stonehill Community Association
Harold Conzett
President, Board of Directors
800 Stone Ridge Place
Dubuque, Iowa 52001
RE:
Public Sidewalk
Dear Harold:
This is to inform you that the City of Dubuque is denying the request to pennanently
remove the sidewalk on Windsor Avenue, north of Stone Ridge Place, per your request
on April 6, 2004.
Following the City's review of the site, City Code, City's Comprehensive Plan,
Subdivision Regulations, and discussions with the City Manager, it was determined that
sidewalks should remain and the defects must be corrected. As stated in the April 29,
2004 letter from Jane Smith, Engineering Assistant, the City Forester has agreed to
remove the northerly tree, and will investigate the southerly tree once the walk has been
removed.
Enclosed is the tree removal form, which must be completed and returned to Jane
Smith. Once the tree is down to a stump, please call the Office of City Engineering to
obtain a pennit for sidewalk removal and replacement, coordination of stump removal,
and further investigation of the southerly tree.
Please call if you have any questions regarding the City's decision, work required, or
process, at 589-4270. Thank you very much for your assistance in this matter.
SJ1SIO~
Gus Psihoyos, Acting Public Works Director
encl.
cc: Jane Smith, Engineering Assistant
TREE REMOVAL REQUEST
The City Forester has investigated the tree abutting your property and has
agreed to remove. Please read, sign and return this form.
The undersigned hereby requests that the City of Dubuque
remove the tree, which has contributed to the defect of the public sidewalk at the
address indicated below.
I also agree to remove the walk to facilitate removal of the stump and to replace the
sidewalk subsequent to the stump removal.
Property Owner
Location/ Address
Dubuque, Iowa
Phone Number
Date
Please sign and return this form to:
Kelly Ambrosy, Engineering Assistant
City of Dubuque, Engineering Division
50 W. 13th Street
Dubuque, IA 52001-4864
(563) 589-1721
Note: Once the tree has been taken down to a stump level you or your
contractor must contact City Engineering (589-1721) to coordinate stump
removal and walk removal and replacement. At no time should walk be
rernoved prior to coordination with the Forester.
Office Use Only:
Diameter of Tree
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MEMORANDUM
July 26, 2004
FROM:
Michael C. Van Milligen, City Manager
Barry Lindahl, Corporation Counsel
Gus Psihoyos, Acting Public Works Director yQ.
TO:
SUBJECT:
Stonehill Community Association
Request for Permanent Walk Removal
INTRODUCTION
The purpose of this memorandum is to seek concurrence on a denial given to Stonehill
Community Association for permanent sidewalk removal at 800 Stoneridge Place (the end of
Windsor Avenue).
DISCUSSION
Operations & Maintenance (John Klostermann) brought to our attention on March 26, 2004, the
placement of a barricade on an abutting sidewalk to Stone hill Community Association due to
significant settlement.
On April 2, 2004. Mr. Harold Conzett, President Board of Directors for Stonehill, visited
Engineering and requested permission that the marked portion of the walk be totally removed
and not replaced. Per the suggestion of Inspector Jane Smith, Mr. Conzett addressed a letter to
Mike Koch on April 6, 2004 indicating that the sidewalk condition was due to City-planted trees.
Engineering's inspection records indicate minor, but defective areas at tree sites, settlement
areas, and vertical separations not related to trees. On April 29, 2004 Engineering denied the
Stonehill request based on City Code, the City's Comprehensive Plan, subdivision regulations,
and the general sidewalk policy.
In mid-May, Jane Smith and I met with Mr. Conzett at 800 Stoneridge Place to further discuss
and review the sidewalk.
ACTION TO BE TAKEN
Engineering would like to provide Stonehill Community Association with a fonnal response.
Your concurrence with Engineering's decision to deny pennanent sidewalk removal at 800
Stone ridge Place would be appreciated.
cc:
Jane Smith, Engineering Assistant
SITE LOCATION MAP
NOT TO SCALE
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NORTH
PURPOSE:
Stonhill Community Association
900 Stoneridge Place
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.' City Hall
50 West 13th Street
Dubuque, IA 52001-4B64
(563) 589-4270 office
(563) 589-4205 fax
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April 29,2004
Stonehill Community Association
Harold Conzett
President, Board of Directors
800 Stone Ridge Place
Dubuque IA 52001
Re: Public Sidewalk
Dear Mr. Conzett,
Your request to remove the sidewalk abutting the property of Stonehill Community on
Windsor Avenue, north of Stone Ridge Place is denied.
"
According to City Code of Ordinances, Section 41-101, "The owner of any lot or parcel
thereof abutting upon any sidewalk on the City streets in the City shall maintain said
sidewalk free from cracks, holes, and unevenness so that the sidewalk does not constitute
a safety hazard, and such conditions are hereby declared a public nuisance."
With respect to the trees, it has been our directive to save trees where possible, unless
they are diseased, hazardous, or modifications to sidewalk cannot be made without
extreme measures. If desired, the City Forester has agreed to remove the northerly tree,
and would propose investigating the southerly tree once the walk is removed. Enclosed
is the removal request, should you wish the tree(s) removed, Once the tree(s) are
removed to a stump level, contact our office to coordinate stump removal and walk
replacement.
If you have any questions regarding this please contact our office.
C)
Enc.
C<\' Gus Psihoyos, Asst. City Engineer
$elly Ambrosy, Eng. Asst.
Sendee
Peopl,
Integrity
R"ponsibility
hmovation
Teamwork
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Stonehill Community Association
800 Stone Ridge Place
Dubuque, IA 52001
April 6, 2004
Mr. Mike Koch, City Engineer
City of Dubuque
City Hall
Dubuque, IA 52001
Dear Mr. Koch,
As President of the Board of Directors for the Stonehill Community Association, I
am requesting the removal of the sidewalk from Stone Ridge Place north to the
dead end of Windsor Avenue, instead of the repair as requested by your
department.
Trees, planted by the city some years ago have grown to a point where the roots
have heaved the said walkway.
Very few of the residents of Stonehill Community, if any, use this walkway.
There is no development north of the dead end of Windsor. Should development
occur in this area in the future, the board would replace the walk as long as tile
trees causing the problem were removed.
Thank you for considering this matter.
Sincerely,
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Harold Conzett ?
President, Board of Directors
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CITY OF DUBUQUE, IOWA
MEMORANDUM
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May 10,2004
TO:
Laura Carstens, Planning Services Mgr.
Ron Turner, Surveyor
From:
Re:
Attached is information on Stonehill Community at the end of Windsor. They were sited
for defective sidewalks and requested permission to remove a portion. It has been the
City's policy that existing sidewalks needed to be maintained and not removed.
Stonehill is now requesting a meeting with their board to discuss this situation. 1 would
request your comments and input on this situation. I believe the area to the north of the
walk in question may be developable but need your assistance.
There is no walk across Windsor Ave. from the Stonehill Community area, which they do
not want to make an issue. They would agree to replace and install walk in the future if
development would occur.
They are hoping for a meeting next week either Monday or Thursday around 4-4:30.
Your response is greatly appreciated. Is this a situation where Stonehill needs to plead
their case to Council?
cc: Gus Psihoyos, Asst. City Engineer (Gus - you previously received a copy of the
material) .
Barry Lindahl, Corporation Counsel
~
BARRY A. LINDAHL,
CORPORATION COUNS
OF DUBUQUE
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
November 22, 2004
RE:
Stonehill Community Association Sidewalk Removal
Mike:
At the City Council meeting on October 2, 2004, the City Council tabled the request of
Stonehill Community Association to remove the sidewalk on its property on Windsor
Avenue. The City Council directed the Legal Department and the Engineering
Department representatives to meet with Harold Conzett, President of Stonehill
Community Association to work out an agreement which permits Stonehill to remove the
sidewalk but requires Stonehill to replace the sidewalk if and when there is development
of abutting property.
Enclosed is the agreement which has been approved by Stonehill Community
Association and by the Engineering and Legal Departments.
Enclosure
cc:
Gus Psihoyos, Acting Public Works Director
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE. fA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL bafesq@cityofdubuque.org
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
STONEHILL COMMUNITY ASSOCIATION
This Agreement dated this day of December, 2004 for reference
purposes is made and entered into by and between the City of Dubuque, Iowa (City)
and Stonehill Community Association (Stonehill).
Whereas Stonehill is the owner of property which abuts Windsor Avenue shown
on Exhibit A, attached hereto and incorporated herein by reference; and
Whereas there is now located on Stonehill's property a public sidewalk which is
in disrepair and which Stonehill has requested permission to remove rather than repair;
and
Whereas, Windsor Avenue is a stub street; and
Whereas the City Council believes it is not contrary to the public interest to allow
the sidewalk to be removed, subject to the terms and conditions set forth herein.
NOW THEREFORE, it is agreed by and between the parties as follows:
1. Stonehill is hereby granted permission to remove the public sidewalk on the
westerly side of Windsor Avenue shown on Exhibit A.
2. In consideration for permission to remove the sidewalk, Stonehill agrees to
reinstall the sidewalk according to City specifications not less than 180 days after
the development of the property that abuts the easterly boundary of Stonehill's
property if such development requires a sidewalk according to City policy. Such
180-day period shall commence at such time as there is public sidewalk installed
on the abutting property which would connect with the Stonehill sidewalk shown
on Exhibit A.
ATTEST:
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan,
Mayor
Jeanne F. Schneider,
City Clerk
STONE HILL COMMUNITY ASSOCIATION
~~
By: '" / . /
Harold Conzet
President
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