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Sidewalk Assess Asbury City pay IDOT's D~~~E ~ck-~ MEMORANDUM April 25, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Transportation (Iowa DOT) Sidewalk Assessment - Iowa 32 On May 2, 2005, the City Council approved initiation of the Asbury Road Sidewalk Installation Project. The project included property owned by the Iowa Department of Transportation at Iowa 32 and Asbury Road. The Iowa DOT has been assessed $4,921.33. The Iowa DOT states it is not responsible for the sidewalk improvement since there is no building on the property. City Engineer Gus Psihoyos recommends City Council approval to pay the assessment from City funds, and in the future, assessment projects not be levied on property owned by the Iowa Department of Transportation where no building exists. I concur with the recommendation and respectfully request Mayor and City Council approval. (hiv4 ~/JtL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THEGTYOC ~ DUB E ~~~ MEMORANDUM April 25, 2006 FROM: Gus Psi hoyos, City Engineer TO: Michael C. Van Milligen, City Manage SUBJECT: Iowa Department of Transportation (Iowa DOT) Sidewalk Assessment - Iowa 32 INTRODUCTION This memorandum is information relative to the sidewalk installation assessment on the Iowa Department of Transportation (Iowa DOT) property at Iowa 32 and Asbury Road. DISCUSSION On May 2, 2005, City Council approved initiation of the Asbury Road Sidewalk Installation Project. This project included property owned by the Iowa DOT at Iowa 32 and Asbury Road. According to Iowa Code Section 384.56(3), a preliminary assessment notification in the amount of $4,921.33 was mailed on May 6, 2005, to the Executive Council of Iowa - Capital Building, Des Moines, Iowa 50319. No response was received from the Iowa DOT at that time. At the December 19, 2005 Council meeting, the improvements were accepted and the Final Assessment Schedule was issued. The final assessment notification was sent to the Iowa DOT Executive Council of Iowa in Des Moines, Iowa. The City has been recently informed by the Iowa DOT that they are not responsible for the sidewalk improvement since there is no building on its property. ACTION TO BE TAKEN It is recommended that the assessment be paid from CIP 3501425, Sidewalk Program - City-Owned Property and that future assessment projects not be levied on property owned by the Iowa Department of Transportation where no building exists. Prepared by Jane Smith, Engineering Assistant cc: Bob Schiesl, Assistant City Engineer Jon Dienst, PE