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2763 Balke Retain. Wall TravisCITY OF DUBUQUE, IOWA MEMORANDUM June 11, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Construction Ordinance - Retaining Wall 2763 Balke Street Public Works Director Mike Koch is recommending approval of the request from Mrs. Marcella M. Travis to install a retaining wall in the City right-of-way at 2763 Balke Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM June 6, 2001 TO: FROM: SUBJECT: Michael C. Van Mil!igen, City Manager Michael A. Koch, Public Works Director Construction Ordinance - Retaining Wall 2763 Balke Street INTRODUCTION This is in response to a request from Mrs. Mamella M. Travis to install a 3-1/2' retaining wall in City right-of-way at 2763 Balke Street. DISCUSSION Mrs. Travis's property is located on the comer of Balke and Link Streets, each of which has a 50' right-of-way. The street width is 31', which leaves 9'6" back-of-curb that would be right-of-way. The proposed retaining wall would be 3-1/2' high, 7' back-of-curb. The reason for this wall is for landscaping, elimination of the steep slope when cutting the lawn, and to add to the aesthetics of the property. All proper documentation has been submitted which includes the completed construction ordinance, letter of request, drawings and certificate of insurance. Since the wall will be under 4', no footings are needed, and no approvals are required from Building Safety. RECOMMENDATION The ordinance provides for a revocable permit and further requires Mrs. Marcella M. Travis to assume all liability, defend the City, and hold the City harmless of any claims, which may result from the installation of the retaining wall within the City right-of-way. ACTION TO BE TAKEN The City Council is requested to approve the recommendation and to adopt the attached ordinance approving the installation of the retaining wall in the public right-of- way. MAK/vjd Prepared by Jane Smith, Engineering Assistant Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t" Street, Dubuque, IA 52001-4864 ORDINANCE NO. 38-01 AN ORDINANCE AUTHORIZING MARCELLA M. TRAVIS TO CONSTRUCT AN AppROXIMATE 3-1/2' RETAINING WALL 7' FROM BACK-OF-CURB AT 2765 BALKE STREET, DUBUQUE, IOWA NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Marcella M. Travis as the owner of the premises known as 2763 Balke Street, Dubuque, Iowa, and legally described as Lot 57 Belmont Division, City of Dubuque, Dubuque County, Iowa, be and she is hereby granted the revocable permit and authority to construct a~nd maintain a 3-1/2' retaining wall under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by perm[tree and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittee's agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said 3-1/2' retaining wall; and Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and Pay on behalf of the City of Dubuque, ail sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said 3-1/2 foot retaining wall sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of 3- 1/2 foot retaining wall and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless, from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittee's further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittee, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said three-foot retaining wall and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said 3-1/2 foot retaining wall retaining wall at permittee's expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said 3-1/2 foot retaining wall. Section 5. That permittee covenants and agrees that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittee hereby covenants and agrees not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittee arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Marcella M. Travis when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittee by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittee's expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this18th day of June, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 38-O1 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 38-O1, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: /s/ Marcella M. Travis Title: Owner Dated: 5/17/01 CERTIFICATE OF LIABILITY INSURANCE "*'"~"'~"~ o~/o~/~oo~ ACORD. Urbain &Aesoclates PO Box 3188 Dubuque, IA 52004-3188 319-583-?722 Travis, Maroella 2?63 Balke St Dubuque, IA 52001 THIS Cr*'KII~'ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R{GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR ALTER THE COVERAGE At=FORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INsu~;~.~ Allied C~VERAGES GEN&q,~- UAKaUTY EAC4~ (;C~U.R~CE ~ 300,000 A~[Personal Li~ ~CB996364 01/12/01 01/12/02 .E~L&ADVlNJmY S I CERTIFICATE HOLDER City of Dubuque - HouSing Dept 1805 Central Ave Dubuque, IA 52001 Fax: 319-589-4244 AGORD25-S(~97) CANCELLATION S,OUL~ ~ or 'me ,.~ov= OUCR~B~--~C;;S '~e ¢~c;~.~ Wa'OlU; 'r~ [X~'~N