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Sunset Ridge Ltr - D. HenryWILLIAM C. FUEKSTE ALLAN J. CAREW MiCHAEL J. COYLE STEPHEN J. JUERGENS ROBEKT L. SUDMEIER* DOUGLAS M. HENRY Law Offices Of FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. 200 SECURITY BUILDING 151 WEST 8TH STREET DUBUQUE, IOWA 52001-6832 December 26, 2001 (563) 5564011 (563) 556-7134 fccjs@mwci.net Mr. BatTy A. Lindahl Attorney at Law Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001 -6944 RE: Sunset Ridge Dear Barry: Thank you for your Dec. 14 letter. While I recognize that in recent years there has been some thought that Sunset Ridge was a private street, we continue to feel the available evidence regarding the intention of the developer and the City at the time of the filing of the plat shows that the street was intended to be and accepted by the City as an extension of Wartburg Place. Without unduly extending fids letter, it is sufficient to say that we do not regard your letter, and we do not believe you intended your letter, as a complete discussion of the evidence bearing on the question. If the City will feel more comfortable ifa further declaration is made, we request that such a resolution be adopted at the earliest opportunity, so that progress may continue unimpeded by fids lingering issue. You will probably want to draft the fmal resolution language, but we would expect something to the effect that the question has been raised, and to resolve the question and move forward without the nebessity of a declaratory judgment action, 5vhatever may have happened in the past and without the necessity of taking a position on when it was accepted or when it first became a public street, the City confirms that the conveyance of the street by FUERSTE~ CAREW~ COYLE~ JUERGENS & SU-DMEIER~ P.C. Mr. Barry A. Lindahl, Page 2 December 26, 2001 operation of law by the filing of the Plat has been accepted, and the street is now and will hereafter remain a public street. We look forward to hearing ftom you. With kindest regards, we remain, Very truly yours, DM j cc: Jim Kennedy FUERSTE, CAREW, COYLE, JUERGENS &.SUDMEIER, P.C. ? 16 2002 11:47AM BARRY A LJNDAHL, ESQ N0.6070 P. 4-/5 Dubuque, Iowa 52001-6944 December 14, 2001 Mr. Doug Henry, Esq. Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C. 200 Security Building 151 West 8th Street Dubuque IA 52001-6832 RE: Sun Set Ridge Dear Doug: This is in response to your September 19, 2001 letter. I have spent considerable time reviewing the authority cited in your letter and the history of Sun Set Ridge with the Public Works Department, Water Department and Operations and Maintenance Department In your letter, you refer to an Iowa Supreme Court opinion that states that the recording of a plat is "equivalent to a deed in fee simple [to the City] of such portion of the premises platted as is set apart for streets or other public use...." The City of Cherokee opinion, however, goes on to state as follows: Under our statute the filing of the plat is made equivalent to a deed in fee simple to the streets and alleys, but, like other deeds, requires acceptance, before it can be effective in conveying the title and casting the burden upon a municipality for the care and safety of the ways proposed. (Emphasis added.) Other language in the City of Checokee opinion emphasizes that the recording of the plat is only a "tender" of the conveyance, which continues until accepted or shown have bsen withdrawn. I have not seen any ordinance or resolution by the City Council expressly accepting Sun Set Ridge as a street. The question then becomes whether the City, by some conduct, has made that acceptance. While the City has plowed the street for a number of years, plowing has always been done, according to Don Vogt, Operations and Maintenance Manager, with the reservation that Sunset Drive is a private street. 16. 2002 II:47AM BARRY A LINDAHL, ESQ No.6070 P. 5/5 Public Works Director/City Engineer Mike Koch advises me that there was an asphalt overlay for Sun Set Ridge in 1977, but again, that was at the request of the property owners and was done with the understanding that Sun Set Ridge was a pdvate street. Mr. Koch is not aware of any other maintenance that has been performed on the street by his department_ On the other hand, Water Department Manager Bob Green has told me that there is a water main located in the "grassy area" next to the street and that for many years, the Water Department has treated the water main as a public utility. Based upon ail of the information available to me, there does not appear to have been any expression of a clear inte~ion on the part of the City to accept Sun Set Ridge as e public street. However, the information is inconclusive and I am also not prepared to say that Sun Set Ridge is a private street. ~t seems to me that the City Coundl may still have the option of accepting Sun Set Ridge as a public street by formally accepting it as such. If the City Council chooses not to do so, the alternative would be to ask the Distdct Court to resolve the issue. would be very happy to review any additional information you may have on the issue or to discuss the matter further with you, Corporation Counsel BAL/jm Cc;; Mayor Torrance Duggan and Members of the City Council Michael Van Milligen, City Manager Mike Koch, Public Works Director/City Engineer Don Vogt, Operations and Maintenance Manager Bob Green, Water Department Manager 2 BARRY A LJNDAHL, ESQ No. 6070 September 19, 2001 Mr. Barry A. Corporation Couusd City of Dubuque 196 Dubuque Building Dubuque, IA 52001 Dear Barry: We represent a majority of the owners of property on Sunset Ridge, and we write on their behalf. From past Council meetings and from conversations primarily with City Planning and Engineering staff, it was the understanding of our clieats that the City wished to hear from the residents of Sumet Ridge regarding the positions of the residents on the following topics: 1. Whether Sunset Ridge should become a City street; and 2. If a City street, whether variances are requested regarding the width of repaying and sidewalks. It was farther our clieots' understanding that thc City wished lo hear regarding topics before October I, so that. the information could be used in prelimimry budget wogc by City staff, and this letter is in~d~1 to azawcr th~ City's questions. On the frost question, based upon our research of thc Iowa Cod~ in e~'cct al ~h¢ time ofthe platting in 1926, wc conclude thai Sunset Ridge is already a City ~ Un&r the Cod~ itmu hi effect~ ll~ aclmowlexlgment and recoldi~ of a plat conforming to ~ statutory requirements, as thl. one did, is "equivalent to a deed in foc simple of such portion of the prem_i._-e~ platted a~ is sci- apart for slz~ts or other 2802 17:46AM BARRY A LJNDAHL, ESQ No.6070 P. 2/5 Mr. Barry A. Lindahl Pag~ 2 September 19, 2001 public uso...." S~e also AcMey w. Centeal~te$ Eleet~i~ ~;, ~6 ~ 53~20 ~ 315, 316 (1928); ~ug~s v~ ~ of~o~e, 1~ ~ 429,430 -- 431, 109 ~ ~ ~b~ 28, 1925, a B~ I~M- 520, ~ of~e Du~q~ C~ Even if the roadway were not already a statutory City street, we also belicvo it is likely that a common-law dedioatien o~urred. See/~gan vs. Zurmuek/en, 203 lA 1114, 211 NW 986, 98 (1927); Iowa S'iale 1T~gi~way Commivsion vs. 1)ubuque Sand and Gravel Eh., 258 HW 2nd 153 (IA 1977); Mari~ury w. State, 322 I~r 2nd 281, 294 (IA 1982); Wo0te vs. l'on/~r, 228 IA 733,293 NW 322,324 (1940); $1°v-x Cgty ~,v, Tot~ 6O NW 2nd at J l S - 516; Henry Walker Park ,4ss~. ps. . _Matthews, 249 IA 1246, 91 HW 2ad 703,710 (1958); and Culver w. Cotree~e,'207 lA 1173,224 l~r 834, 837 (1929). Rbgarding thc ~ question~ for the purpo~ oflmdgetit/g reconstruction of the.street, i~ is th~ ~.xit~st of our clients, as pr~eibusly expr~ssea to C~ staff, that variances from usual standards bo implemented, providing for only a 25 ft. pavement width, with th~ oxception of the fu'st 50 fi. of the street being narrow~l to 23 fl. to prcsa-ve long-standing ~ees, and tl~ ~ao Sidewalks b~ reqttired. We hope this information will be useful to the City a~ it moves forward with plans Io repave Sunset Riclgc. Our clien~ have several times remarked on thc ",!an.~6. 2002 11:47AM BARRY A L]NDAHL, ESQ Ftr~P.S~, Oa~zw, Coxa.[, J~r~.aax~s & SvovmmR, ~.c. No.6070 P. 3/5 Mi.. Barry A. L~dahl Page 3 September 19, 2001 cooperative ~irit and opcrm~ of City staff in these discussions, and if any furtimr assistance or discussiorl is needcd~ please let us know. ~i~ idnd~t regard, we remain, DlVl~dmk cc: lira Kemmdy Suuset Ridge Resi&mts Group 595' ~m~t Ridge Du~aqu~ IA 52OO3 rU~.STF., CAt. W, 6~Y[,,% ' A,~F. AGi~S & SUD~ MEMORANDUM August 16, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sunset Ridge At the August 6 public headng on the Wartburg Place Street Reconstruction Project, City Council began a discussion on the possibility of Sunset Ridge, a prfvate street, becoming a city street. Correspondence from the Sunset Ridge neighborhood indicates that an overwhelming majority of the residents favor becoming a public street if the City would agree to build that street in the following manner: 25' wide street with the exception of first 50' of the street narrowed to 23' to preserve trees, particularly a 75-year-old grove of pine trees. Pavement will consist of 4' asphalt, 16-20" base stone and 2.5' wide concrete curb and gutter on both sides. No sidewalks. MCVM/jh At[achment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director When the City Council determines a course of action for Sunset Ridge, the two remaining issues related to Wartburg Place can then be decided. If Sunset Ridge becomes a public street, there is no need for a turn-around at the end of Wartburg Place. If Sunset Ridge does not become a public street, a determination would need'to be made as to whether the tum-areund at the end of Wartburg Place is a cul-de-sac or a hammerhead. The question also still remains about the installation of sidewalk on the east side of Wad. burg Place. ...~ IVrK~hael C. Van Milligen -__© CITY OF DUBUQUE, IOWA MEMORANDUM August 15, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director~.~ ~J~ ~ Sunset Ridge Residents Considering Public/Privete Street Alternatives INTRODUCTION The existing Sunset Ridge is a 20-foot wide, PCC concrete street that was constructed in 1923, with an overlay in 1 978. Due to the street deterioration, the Sunset Ridge residents have been working with local contractors and consulting firms on its reconstruction. BACKGROUND A local consulting firm has tested the subgrade underneath the existing concrete and has found it to be very moist with very little stability. It has been recommended that the existing surface be removed and a total of 16 to 20 inches of stone be placed, and a 4-inch asphalt surface with asphalt curbs be installed. River City Paving met with some of the residents to develop a cost estimate based on the consulting firm's recommendation; River City Paving recommended that an extra one foot be added to each side of the roadway, for the installation of the asphalt curb to hold and direct the street water into the one catch basin located midway down the street and the catch basin located at the bottom of Sunset Ridge. This would make the roadway 22 feet wide. DISCUSSION The City's minimum design standard for a new public street is a 31-foot back-to- back concrete or asphalt surface, with concrete curb and gutters. The minimum design subdivision-paving standard ia 6~1/4 inch thick PC concrete over a minimum 4 inches of stone base, or 7 inches of asphalt over a minimum 4-1/2 inches of stone base. At the neighborhood meeting, the residents talked about the possible advantages and disadvantages of a public street, along with the additional costs. In addition to the issue of paving, the privately-owned street light system is not operational. This could be either included or excluded from a City contract. Because of the street's status, property owners 'have built walls, planted trees, and placed other obstructions too close to the roadway for a standard 31-foot wide street. Even a 25-foot wide roadway would encounter obstructions that would need to be removed. CONCLUSION The emerging consensus of the 16 residents that attended the meeting was that Sunset Ridge could become a public street once it is improved. It is our understanding that if the City and the Sunset Ridge residents could mutually agree on a 25-foot width street, then unanimous support from all residents could be achieved. MAK/vjd Prepared by Michael Felderman, Civil Engineer August lS, 2001 REC _iVED Ol , UL, J6 P 12:58 The Honorable Mayor and City Council 50 West 13~ Street Dubuque, IA 520014864 Dubuque, IA Dear Mayor and City Council Members: Since the Public Headug regarding the reeonstm~ion of Wartburg Place, residents of Sunset Ridge have had several conversations and a neighborhood meeting to explore the suggestion of our Coundlman John Markham that Sunset Ridge become a public street maintained by the City of Dubuque. The outcome of these meetings, held in consultation with City Engineering has shown that we have unanimous agreement among the residents that we need to upgrade the qnality of our street We also agree that we would like to retain the natural beauty and unique character of the neighborhood while also retaining low vehicular and pedestrian Waffle: We have determined after a year long process of studying our options that the lo,owing specifications would meet our objectives most thoroughly: l) 25' wide street with the exception of first 50' of the street narrowed to 23' to preServe trees particularly a 75 year old grove of pine trees. 2) Paveanent will consist of 4" asphalt, 16-20" base stone and 2.5' wide concrete curb and gutter on both sides. 3) No sidewalks. We realize these spec'flications represent a departure from the standard public street; however, given the proposed variances on Wartburg Place, the unique terrain and histo~'] of Sunset Ridge, we believe these specifications are appropriate and reasonable. Currently 16 of 22 households, with one abstention pending sale, would support the transfer of Sunset Ridge from a private lane to a public street provided the City Coun~q could indicate thek support for our objectives in general and these variances in specific. With the assurance of the Couneil~s support, potentially a more thorough consensus among neighbors could be forged and ultimately a more satisfactory outcome for all tmrties. Thank you in advance for your though~l consideration of this request Sincerely, Mary Clemens Cotette Downs F~m Kennedy Leonard Koopman Jody Koopman Tim MeNamara Susan Wahlen l~tarc W~ertheimer Bobbi Wertheimer Tom Woodward ' Charliss Woodward ce. Mike Koel~ City Engineer IvY. ke Vanlvfill~gen, City Manager Prepared b~. Michael A. Koch, Pubr~c Works Director Address:. 50 W. 13~ Stree~ D'~bt~que, IA 52001-4864 RESOLUTION NO. __-Ol RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27a day of June, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Wartburg Ptace Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOW~c That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this day of ,2001. ^ttestc Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Preparedbv:. MichaelA. Koch. PubrC Works Director Address: 50W. 13~Street~Dubuque, lA5200~-4864 RESOLUTION NO. --01 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSrFY PROPOSED FOR THE WARTBURG PLACE RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Wariburg Place Reconstruction Project, has given notice of the public hearing thereon as required by law; and Whereas, the public heating has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolu~on of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been dully considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or mede having been duly considered are overruled. Deferred for later consideration to a City Council mee§ng to be held on the__day of , , next at 6:30 p.m. in , with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, approved and adopted this day of ,2001. Attest: Jeanne F. Schneider, City Clerk August l, 2001 CITY OF DUBUQUE Dubuque, Iowa Dear Honorable Mayor, City Manager, and City Council Members: Our street, Wartburg Place, is scheduled for re-paving this summer. The bids are due on Augast 20, 2001. Historically, Wartburg Seminary has owned ail of the property on the west side of the street and some of the property on the east side. The balance of the property on the east side, wkieh runs for approx/mately 1,000 feet is owned by only two families and Wartburg Place dead ends into a pr/rate dead end street, Sunset Pddge. The intention of the two families who own the last 1000' of street frontage is never to develop this land a. nd keep our single family dwellings and character of properties intact as is. There has never in the history of the street been a sidewalk on the east side of the street for the last 1000 feet, since ail foot traffic is served by an existing west side sidewalk which has adequately served Wartburg Seminary students and faculty, and the small number ofpriYate street residents for many years. When the street is m-paved, the existhig west side sidewalks will, of course, be re-placed, but now there is a new ddewatk scheduled to be placed on the opposite east side, where there has never been a sidewailc This new sidewalk will cause the destruction of many healthy mature trees and shrubs. In keeping with the cities' commer,~able new policy of preserving existing trees and shrubs whenever possible during m-paving, it seems unreasonable to create a sidewalk which would only lead to the adjacent private, dead end s~reet which by choice has had no sidewalks since it was developed (for more than 40 years). In addition, the installation of 1,000 feet 6fnew sidewalk will create an undue burden for the two owners for maintenance during the winter months. We, the residents of 384 Wartburg Place and 480 Wartburg Place do formally and respectfully protest the creation of a new sidewalk where one has never been, a sidewalk that essentially leads no where, that will cause tree and shrub destruction, that wilt alter and mar the character of the neighborhood, that will cost $16,000 unnecessary dollars and create a burden of maintenauce for.the RespecffuJ. Iy submitted, Timothy and Christine Cordon Mrs. Jean Woodward Bob Woodward Engineering Division 50 West 13fh Street Dubuqt~e, Iowa 52001-4~564 (3~9) 589~270 (319) 5894149 FAX December 20, 2000 Ms. Regina Thibeau 530 Sunset Ridge Drive Dubuque, IA 52003 RE: Paving Of Sunset Ridge Dear Regina: Recently I met with the City Manager regarding your September 29, 2000, petition for the paving of Sunset Ridge, As you know, this is a private street and the City has no responsibility toward its maintenance. The City has, however, historically plowed the street for snow removal, and has previously constructed a similar asphalt paving improvement to Sunset Ridge. When the street was paved and assessed by the City in 1977, there were several issues which developed during and after the project, mostly involving street drainage and the imtsact the project had in raising the street grade to a level at which water ran down several driveways, causing problems on private property. Even though this was a private street, the drainage issues came back to City staff to correct since they were generated by raising the street by the thickness of the new asphalt pavement. These complaints and issues persisted long past the completion of the project. Since this is a private street, the maintenance responsibility should lie with the property owners. Attached is a list of those streets within the City that are private streets, the same as Sunset Ridge. If the City were to agree to pave Sunset Ridge, there would be nothing stopping any of the property owners on these other streets from asking the same of the City. Service People Integx~ty Responsibility Irmovafion Teamwork Ms. Regina Thibeau Page 2 December 20, 2000 The City is not prepared to include these paving projects in future City projects because of the current level of construction. Most private streets are substandard as to their pavement thickness, width, and lack of curbs; this is why they are constructed as private streets. This results in a lower cost to the property owners, and the City should not be expected to perform needed maintenance or reconstruction of substandard streets. An inspection of the pavement at this time indicates to me that the street is in need of total reconstruction, not just the remedial repairs as quoted by River City Paving. Aisc, the City is not in favor of the placement of asphalt curbing on the street since asphalt curbs are not very stable. The street could, however, be dedicated as a public street, for which the City would propose a total reconstruction project at a cost of approximately $400,000. The initial project would be at the property owner's expense, but future projects would be treated as all other City street projects. The City would propose a minor widening of the street to include a shoulder and installation of integral concrete curb and a complete storm sewer system. Dedication as a public street would also assure the continued City snow-plowing of the street as it has done for many years. If you do not wish to dedicate the street as a public right-of-way, your alternative would be to hire one of the local engineering firms to design a maintenance improvement and to perform the inspection of the construction as welt. You would, however, need to have cooperation with the property owners along the street to voluntarily pay for their share of the project. This letter reflects the recommendation that will be going to City Council on January 15, 2001. If you have any questions, please calk me at 589-4270. Sincerely, Michael A. Koch Public Works DirecTor MAK/vjd cc: Michael C. Van Milligen, City Manager Michael Felderman, Engineering Division Don Vogt, Operations and Maintenance John Ktosterman, Operations and Maintenance PRIVATE STREETS WITHIN THE DUBUQUE CORPORATE LIMITS Lost Valley Drive (Alpine Park - Tschiggfrie) Maquoketa Drive Mart Drive Ace Avenue Anamosa Assisi Lane Banak Court McGregor Bankston Mercy Drive Bluebird Drive Monastery Byrne Street Nightengale Lane Canary Drive Oak Grove Drive Cardinal Drive Oak Meadows Chalmers Obeche Court Chaplain Schmitt Drive Oriole Drive Chestnut Trail (Alpine Park - Tschiggfrie) Peacock Drive Copper Mountain Ridge (Alpine Park - Pelican Drive Tschiggfrie) Deerwood Circle Potosi Dover Court Prairie du Chien Dubuque Park Drive Prince Phillip Drive Edmore Road Pulpit Rock Lane Edwards Road Riley Drive Falcon Drive Savanna Flamingo ~eminadan Lane Four Mounds Lane Sequoia Court Fuller Galena Garnavilto Gateway Drive Goerdt Drive Goldfinch Greenwood Drive Hamilton Glen Hanover Harmony Hayden Lane Shawnee Drive (Alpine Park - Tschiggfrie) Sheffield Court Shinoak Court Silva Creek Circle (Alpine Park - Tschiggfrie) Snowbird Street (Alpine Park - Tschiggfde) South Grandview Heights Spirit Mountain Drive (Alpine Park - Tschiggfrie) Steger Stonehill Drive Sundance Circle (Alpine Park - Tschiggfrie) Sunlight Ridge (Alpine Park - Tschiggfrie) Heidi Court Sunset Ridge Horseshoe Drive Swan Drive Iris Court Tamarack Court Tannin Court Jeni Lane Judy Court Justin Lane (Ron Smith) Katrina Circle (Boge's Condonium) Thruput Drive Thunder Ridge (Alpine Park - Tschiggfrie) Thunder Ridge Court (Alpine Park - Tschiggfrie) Kelly Heights Waikiki Drive Lake Ridge Drive Wimbledon Lane Lark Drive Wren Drive Levon Court Zwingle Court 12:15:00