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Sidewalk Assessment Pro. 2006 D~~~E ~ck~ MEMORANDUM December 11, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2006 Sidewalk Assessment Project (CIP 1001108: Sidewalk Assessment Program) As part of the 2006 Sidewalk Inspection Program, 511 properties were notified of defects. The City received compliance from the majority of property owners. Eight properties did not complete the replacement as required. In addition, seven properties that were inspected in 2005 and received extensions until 2006, did not complete their repairs. In such situations, the policy of the City is to correct the defects and levy the construction costs against the abutting property owners in the form of a special assessment, including an administrative charge and a $50 permit fee. City Engineer Gus Psihoyos recommends that total assessments of $19,396.36 be levied against fifteen separate parcels of property. I concur with the recommendation and respectfully request Mayor and City Council approval. ;blJ 4:11(2z~ Mictfael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer D~~~E ~ck~ MEMORANDUM December 11, 2006 FROM: Michael C. Van Milligen, City Manager 0 Gus Psihoyos, City Engineer _J1. TO: SUBJECT: 2006 Sidewalk Assessment Project (CIP 1001108: Sidewalk Assessment Program) INTRODUCTION The enclosed material provides for the levy of special assessments for the 2005 and 2006 Sidewalk Inspection Program. This project reflects areas inspected in 2005, which were granted extensions until 2006, and properties inspected in 2006. DISCUSSION As part of the 2006 Sidewalk Inspection Program, there were 511 properties notified of defects. The City received compliance from the majority of the property owners who received notices. However, there were 8 properties that did not complete the replacements as required. Also, there were 7 properties which were inspected in 2005, who received extensions until 2006, that did not complete their repairs. In such situations, the policy of the City is to correct the defects and levy the construction costs against the abutting property owners in the form of a special assessment, including an administrative charge and a $50.00 permit fee. The total amount of the special assessments will be $19,396.36, which is being levied against 15 separate parcels of property. RECOMMENDATION I would recommend that the City Council approve the attached final assessment schedule. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution establishing the final assessment schedule. Prepared by Kelly Ambrosy, Engineering Assistant NOTICE OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTION OF THE 2006 SIDEWALK ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA TO THE PROPERTY OWNERS OF THE FOLLOWING ABUTTING PROPERTIES FOR THE 2006 SIDEWALK ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA: Lot 27 Richards Sub. Lot 1-27 Woodlawn Park Add. & Lot 2-44 Rosedale Add. Lots 31 & 32 Woodlawn Park Addition Lot 39 Woodlawn Park Addition Lot 2-1-62 Simpsons Add. Lot 2 Coates Place & Lot 2-1-2-1-1-1 M.L. 31 Lot 1 MA Rebman Sub. Lot 14 Block 13 Clover Hills Sub. SW 1/2 Lot 56 McCraney's First Add. E. 27' of Lot 4 Weilands Sub. Lot 6 Block 3 Knob Hill Grove Lot 1 Block 1 Crescent Heights Lot 8 Block 1 Orchard Hills Subdivision Lot 5 Block 1 Orchard Hills Lot 8 Block 5 Equestrian Heights #2 You are hereby notified that the final schedule of assessments against abutting properties has been adopted and assessments confirmed and levied by the City Council of the City of Dubuque, Iowa, and that said schedule of assessments has been certified to the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE OFFICE OF CITY TREASURER, 50 W. 13TH STREET, DUBUQUE, IOWA, 52001, AT ANY TIME WITHIN 30 DAYS AFTER THE DATE OF THIS LETTER. After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1 st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1st following its due date on July 1st of each year. Property owners may elect to pay any annual installment semiannually in advance. All properties located within the boundaries of the 2006 Sidewalk Assessment Project above described have been assessed for the cost of the making of said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on file in the office of the County Treasurer of Dubuque County, Iowa. For further information you are referred to said schedule of assessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 5a6 -06 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2006 SIDEWALK ASSESSMENT PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 2006 Sidewalk Assessment Project under contract with Perry Construction of Dubuque, Iowa, and ArensdorF Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 14th day of December 2006, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. Those assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. 2006. Passed, approved and adopted this 18th day of December, 20063 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque 2006 Sidewalk Assessment Project Schedule of Final Assessments is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuation of such lots by the City Council of the City of Dubuque, Iowa. The following schedule with TOTAL ASSESSMENT $2,081.50 $287.50 $85.10 $258.75 $954.50 $1,437.50 $2,210.30 $1,092.50 $3,386.75 $546.25 $686.55 $1,529.50 $2,005.14 $2,432.02 $402.50 LEGAL DESCRIPTION Lot 27 Richards Sub. Lot 1-27 Woodlawn Park Add. & Lot 2-44 Rosedale Add. Lots 31 & 32 Woodlawn Park Addition Lot 39 Woodlawn Park Addition Lot 2-1-62 Simpsons Add. Lot 2 Coates Place & Lot 2-1-2-1-1-1 M.L. 31 Lot 1 MA Rebman Sub. Lot 14 Block 13 Clover Hills Sub. SW 1/2 Lot 56 McCraney's First Add. E. 27' of Lot 4 Weilands Sub. Lot 6 Block 3 Knob Hill Grove Lot 1 Block 1 Crescent Heights Lot 8 Block 1 Orchard Hills Subdivision Lot 5 Block 1 Orchard Hills Lot 8 Block 5 Equestrian Heights #2 lQCA TION OF WALK 2715 Andrew Court 1843 Adair 1795 Adair 1615 Adair 2070 Simpson 830 S. Grandview 24 Clarke Drive 2485 Trygg (on Kaufmann) 1301 Rhomberg (on Ann) 331 Kaufmann 610 Duggan Drive 3565 Lunar 3235 Baldwin Drive Vacant 2790 Arabian Trai VALUATION WITH IMPROVEMENT $102,781.50 $62,387.50 $88,885.10 $75,358.75 $115,654.50 $100,437.50 $76,610.30 $90,292.50 $132,886.75 $59,746.25 $187,886.55 $146,229.50 $150,305.14 $22,132.02 $173,802.50 PARCEL # Samuel & Martha Stumpf 10-14-327-016 Judith Roidt 10-23-404-018 Sumil Malapati 10-23-453-006 Maxine Biedermann 10-23-456-007 James & Noelle Mehltretter 10-26-379-o03 Walter & Becky OboerbrockI10-36-153-o11 Shannon Dingbaum 10-24-260-006 LaVonne & Timothy Toner 10-22-105-013 11-18-305-019 10-24-127-035 10-34-430-002 10-28-455-001 11-06-356-001 11-06-356-004 10-15-452-005 PROPERTY OWNER Joseph Weiblingel Terry & Jolene Belken Holly Kamm Patricia Foster John Ferry Arnold VanEtten Daniel & Lynne Plisek $19,396.36 Total