Sidewalk Ext 2496 LaVista Mond
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MEMORANDUM
November 10, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Sidewalk Extension for 2496 LaVista
As part of the Sidewalk Inspection Program this year, LaVista and Seville were
inspected. During this inspection it was noted that a section of sidewalk is missing on
the side property of 2496 LaVista, owned by Mr. and Mrs. Joe Mònd. Mr. and Mrs.
Mond have requested an extension until spring of 2005 to install this sidewalk.
Acting Public Works Director/City Engineer Gus Psihoyos recommends that Mr. and
Mrs. Mond be required to install their sidewalk this year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(Ii tuU ~ MiL
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
November 9, 2004
FROM:
Michael C. Van Milligen, City Manager ()
Gus Psihoyos, Acting Public Works Director ..>:3..\.0<
TO:
SUBJECT: Sidewalk Extension for 2496 LaVista
INTRODUCTION
This is in response to a request from Mr. and Mrs. Joe Mond for an extension until
spring of 2005 to install a sidewalk at 2496 LaVista, which was mandated by the City
Engineering Department.
BACKGROUND
As part of the Sidewalk Inspection Program this year, LaVista and Seville were
inspected. During this inspection, it was noted that there is a section of sidewalk
missing on the side property of 2496 LaVista, owned by Mr. and Mrs. Joe Mond.
On August 8, 2004, we notified Mr. and Mrs. Mond to comply with Subdivision
Regulations and install the sidewalk.
DISCUSSION
City of Dubuque Code of Ordinances Section 41-101 requires a property owner to
maintain abutting public sidewalks free from cracks, holes and unevenness so that the
sidewalk does not constitute a safety hazard. Property owners are required to replace
or reconstruct defects within 30 days of receipt of notice of the defective sidewalk. If the
property owner fails to complete repairs or replacements, the work will be performed by
the City and the cost assessed against the abutting property.
City subdivision policy requires the installation of public sidewalks for lots that have
finished homes after 50% of the lots are developed and on all lots when 80% of the lots
are developed.
Engineering Department inspectors receive requests each year from property owners
requesting to delay repairs or installation of sidewalks. It has been Engineering
Department policy to enforce the 30-day period for repairs and/or installation of
sidewalks. For safety reasons, it is important to require that the repairs and/or
installation be completed quickly.
In conjunction with the Sidewalk Inspection Program, sidewalk inspectors observed six
properties that did not have sidewalks installed. The property owners were all notified
they needed to install the sidewalks. To date, four of the property owners have installed
their sidewalks and one owner is currently in process. For consistency reasons, it is
important to require that this sidewalk be installed.
The inspection of the LaVista/Sevilie/Hacienda area revealed that Mr. and Mrs. Joe
Mond own the only lot in the subdivision that does not have sidewalk installed. Again,
for consistency, this sidewalk needs to be installed.
RECOMMENDATION
The Engineering Department recommends that Mr. and Mrs. Mond be required to install
their sidewalk yet this year.
Sidewalks are made available for the general public, not just for residents in the area.
The Engineering Department uses an evaluation process of a number of factors to
determine whether sidewalk installation or repair is warranted.
The City should be consistent with respect to requiring sidewalks repairs or construction
to be fair and accountable to those property owners who have complied with the
requirements. The Engineering Department often receives requests to extend the time
period for repairs and for the installation of walks within a subdivision. In fairness to
those who have complied with the time requirements, as well as potential liability
concerns, all property owners should be required to comply.
cc:
Barry Lindahl, Corporation Counsel
Ronald Turner, PLS
Jane Smith, Engineering Assistant
Kelly Ambrosy, Sidewalk Inspector
Required to Install
11/10/0'1
City of Dubuque
Sidewalk Division
We, Joe and Gail Mond are requesting an extension to finish the sidewalk on the North
side of our property at 2496 LaVista Ct.
We are also a construction company and are doing the work ourselves, but due to our
work load and timing are not able to complete it this fall.
We are going to have to put in a retaining wall in order to put the sidewalk in and just do
not have the time.
Could you please extend our requirement until spring.
Thank you,
Joe and Gail Mond