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Stonehill Sidewalk remov;al request D~ ~ck~ 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. , ^L (1.'iv/ f}! ! ill l Wl ! k~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, Acting Public Works Director D~ ~ck~ 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 \ --~-~,J~ 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 L ~ -;;?~ Larry Zettel 884 Stone Ridge Place Treasurer, Board of Directors Stonehill Community Association ~ i5~ ~c/Á¿~ 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 D~ ~ck~ G\.'líj ¿-I'll. v\Ll '1 ,,\~í olM "G\~- , v. (1¡ f'W"'i' , 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 ~ NORTH PURPOSE: Stonhill Community Association 900 Stoneridge Place /¿~ .' City Hall 50 West 13th Street Dubuque, IA 52001-4B64 (563) 589-4270 office (563) 589-4205 fax / D~ ~ck~ 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 /' . 0 . . / / 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, /~ (I õZT Harold Conzett ? President, Board of Directors ~ ,.,.. ,.,.>1!",t CITY OF DUBUQUE, IOWA MEMORANDUM 'I~1}- 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 ..- 0