Wall, 2570 Green, Bakey-RaheCITY 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
2570 Green Street
Public Works Director Mike Koch is recommending approval of the request from Judith
Bakey-Rahe to install a retaining wall in the City right-of-way at 2570 Green 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
Cc__
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 7, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Construction Ordinance - Retaining Wall
2570 Green Street
INTRODUCTION
This is in response to a request from Judith Bakey-Rahe, dated June 4, 2001, requesting
to place a retaining wall within City right-of-way.
DISCUSSION
Mrs. Bakey-Rahe is located at 2570 Green Street and is requesting to place a retaining
wall behind the sidewalk to terrace the yard. The right-of-way of Green Street is 50' with
a street width of 31', leaving 9'6" back of curbing that is public right-of-way.
The proposed wall would not be higher than 3' and would be directly behind the sidewalk
running from her driveway tapering up to her steps. The reason for this wall is for ease in
mowing the bank and to improve the aesthetics of the property.
All property 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 from Building Safety are
required.
RECOMMENDATION
The ordinance provides for a revocable permit and further requires Judith Bakey-Rahe 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 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. 13~ Street, Dubuque, IA 52001-4864
ORDINANCE NO. 40-01
AN ORDINANCE AUTHORIZING JUDITH C. BAKEY-RAHE TO
CONSTRUCT A THREE-FOOT RETAINING WALL AT 2570 GREEN
STREET, DUBUQUE, IOWA
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Judith C. Bakey-Rahe as the owner of the premises known as
2570 Green Street, Dubuque, Iowa, and legally described as Lot 1-1-1-1-2-11-2 J.P.
Mettel, City of Dubuque, Dubuque County, Iowa, be and she is hereby granted the
revocable permit and authority to construct and maintain a three-foot 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 permittee 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
perrnittee'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 three-foot 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, all 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 three-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
three-foot retaining wall and to pay reasonable attorney fees therefor;
and
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 three-foot 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 three-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 Judith C. Bakey-Rahe 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.
accomplished by
documentation to
received.
Iowa One-Call registration is required by State Law and can be
calling 1-800-292-8989 and asking for Sharon Deyo. Submit
the City Engineering Division of One-Call membership when
Passed, approved and adopted this 18th day of June, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 40-01
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 40-01, 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/ Judith C. Bakey-Rahe
Title: Owner of Property
Dated: 6-04-01
Page I
INSURANCE COMPANY
6101 ANACAPRI BLVD., LANSING, HI 48917-3999
A~ENC¥ MILLHISER-SMITH AGENCY INC
07-0577-00 Unit 32
(319) 365-8611
JUDITH C BAKEY-RAHE
RICHARD J RAHE
17560 (09-90) XX
Issued 05-21-2001
HONEONNERS POLZCY DECLARATIONS
CROUP PROGRAM
Endorsement Effective 04-ZS-2001
POLICY NUMBER 999507 39846362
Company I .POLICY TERN
ADDRESS 2570 GREEN ST Bill 12:01 a.m. 12:01 a.m,
DUBUQUE IA 52001-3011 E to
12-16-Z000 12-16-2001
This poZicy is amended in consideration of the additionaZ or return premium sho.n belo~. This Declarations
LOCATION 00!
HOMEOWNERS POLZCY FORM 3
Location of Insured Premises: SAME AS ABOVE
PROPERTY AND PERSONAL LZADZLZTY PROTECTZON COVERAGES LZNZTS
A Dwelling ~110,000
B Other Structures ~ll,OOO
C Personal Property $82,300
D Additional Living Expense and Loss of Rents $22,000
E Personal Liability (each occurrence) ~508,000
F Medical Payments (each person) ~5,0OO
PREMIUM ADdUSTMENTS THAT APPLY
Section. I Deductible ~250 - All Perils
Multi-Policy Discount
Mature Homeowner Dis~ount - Policy Term Age
Deadbolt Locks Discount
Fire Extinguisher Discount
Smoke Detector Discount
ADDITIONAL COVERAGES THAT APPLY
Credit and Fund Transfer Card Coverage
Loss Assessment Coverage
Fire Department Charges ~500
Personal Property Replacement Cost
Homeowners Plus
Water Back-Up of Sewers or Drains ~5~000
RATING INFORMATION
Construct/on: Nasonry Veneer Rated Protect/on Class: 3 100~ Rates Apply
Families: 1 Hydrant: githin 1,000 Feet County: S1
FORMS AND ENDORSEMENTS
17398(02-96) 17903(02-96) 17653(02-96)
16000C12-94) 17618(02-96)1 17679C02-97)2
SECURED INTERESTED PARTIES: See Attached Schedule
17384(02-96)
EOB 1
174q7(03-97)
P~ge 2
Bill
17560 (09-90)
Issued 05-21-2001
POLICY NUH~ER 999507 398~6,362
OWNERS INS. CO.
AGONY HILLHISER-SNITH AGENCY 1NC
07-0577-00 Unit 32
~SUR~D JUDITH C EAKEY-RAHE R Term 12-16-Z000 to 1Z-16-Z001
PREHIUHS
~asic Premium ~280.00
Tote1 Location,Premium ~ZSO,O0
Scheduled Property Premium ~38.56
To~al PolAcy Premium $318.56 No Charge
To~al Premium For Change
DISCOUNT APPLIES FOR AFFILIATION WITH: NATURE INSURED GROUP
Countersigned By:
COHPANY ISSUED
Page 3 17560 (09-90) XX
Issued 05-21-2001
INSURANCE COHPANY
6101 ANACAPRI BLVD., LANSINGj MI 48917-3999
AGENO¥ NILLHISER-SNITH AGENCY INC
07-0577-00 Unit 32
(319) 36~-8611
HOMEOWNERS POLICY DECLARATIONS
GROUP PROGRAM
Endorsement E~fective 04-23-2001
POL/CY NUMBER 999507 39846362
iNSURED JUDITH C BAKEY-RAHE
RICHARD J RAHE
Company J POLZCY TERN I
2570 GREEN ST Bill
ADDRESS 12:01 a.m. 12:01 a.m.I
DUBUQUE IA 52001-3011 R 12-I6-2000 to 12-16-200111
This policy is amended in consideration o{ the additiona! or return premium shown be!ow. This Declarations
voids and replaces al! previously lssued Dec!ara~ions bear/n9 the same policy number and premium term.
SECURED INTERESTED PARTIES AND/OR ADDITIONAL INTERESTED PARTIES
Loc 001 Re~ 1
AMERICAN TRUST & SAVINGS BANK
PO BOX 938
9TH G TOWN CLOCK PLAZA
DUBUQUE IA 52004-0938
Interest: Mortgagee
SIP ID: IA001045
Loan: q8179809
Loc 001 Eel 2
DUTRAC COMMUNITY CREDIT UNION
PO BOX 3250
DUBUQUE IA 52004-3250
Interest: Mortgagee
SIP ID: IA009377
Page 4 16000 (12-94) XX
Issued 05-21-2001
INSURANCE COMPANY
6101 ANACAPRI BLVD., LANSING, MI 48917r3999
AGENCY MILLHISER-SMITH AGENCY INC
07-0577-00 Unit 32
365-861]
NSURED JUDITH C BAKEY-RAHE
RICHARD J RAHE
PERSONAL ARTICLES DECLARATIONS
GROUP PROGRAM
Endorsement Effective 0q-25-2001
POLXCY NUMBER 999507 39846362
ADDRESS 2570 GREEN ST BAll
DUBUQUE IA 52001-3011 R
POLXCY TERN J
12:0t a.m. 12:0] a.m.
12-16-2000 12-16-2001
TERRITORY 031 DUBUQUE COUNTY
TERM
ITEM DESCRIPTION OF PROPERTY RATE AMOUNT PREMIUM
FA GROUP
I TENNESSEE CHRISTMAS PRINT #287/300 VAR ~480 INCL
FULL BREAKAGE DEDUCTIBLE IS NONE
CLASS 08208 FINE ARTS
ENDORSEMENTS: 16016(09-98)
2 HELPING ONE ANOTHER PRINT #296/350 VAR ~485 INCL
FULL BREAKAGE DEDUCTIBLE IS NONE
CLASS 08208 FINE ARTS
ENDORSEMENTS: 16016(09-98)
3 TIME TO SOAR #287/640 VAR ~1,007 INCL
FULL BREAKAGE
CLASS 08208 FINE ARTS
ENDORSEMENTS: 16016(09-98)
DEDUCTIBLE IS NONE
HOPE PRINT #54/70 VAR ~620 INCL
FULL BREAKAGE DEDUCTIBLE IS NONE
CLASS 08208 FINE ARTS
ENDORSEMENTS: 16016(09-98)
LFA GROUP TOTAL ~2,592 ~5.76
ITEM
FR GROUP
DESCRIPTION OF PROPERTY
TERM
RATE AMOUNT PREMIUM
1 MUSKRAT CT W/RACOON COLLAR & LEATHER TRM .410 ~1~000 ~2.67
DEDUCTIBLE IS NONE
CLASS 08231 FURS
ENDORSEMENTS: 16016(09-98)
~FR GROUP TOTAL $1,000 ~2.67
TERM
ITEM DESCRIPTION OF PROPERTY RATE AMOUNT PREMIUM
JL GROUP
I LDY 14K YG DIAMOND RING 1.050 ~2,000 ~1~.71
DEDUCTIBLE IS NONE
CLASS 08430 JEWELRY
ENDORSEMENTS: 16016(09-98)
OWNERS INS. CO.
AGENCY NILLHISER-SNITH AGENCY INC
07-0577-00 Unit S2
NSURED JUDITH C BAKEY-RAHE
Page 5
Company
16000 (12-9~)
Issued 05-21-2001
POLZCY NUMBER 999507 ~9846,362
R Te~m 12-16-2000 to 12-16-2001
2 lqK YG DIAMOND RING
CLASS 084~0 JEWELRY
ENDORSEMENTS: 16016(09-98)
MULTI-POLICY DISCOUNT APPLIES
MATURE HOMEOWNER DISCOUNT APPLIES
1.050 ~2,~95
DEDUCTIBLE IS NONE
~16.42
JL GROUP TOTAL
ALL GROUPS TOTAL
~,395 $30.13
AMOUNT TERM PREMIUM
~7,987 ~38.56
NO CHARGE
ACORD !I
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY,
PRODUCER liNC.No, E=): 319--365--861]:319--365--691! COMPANY
Millhiser Smith Agency, Inc. Accounting
3100 Oakland Rd NE PO Box 30278
Cedar Rapids IA ~52402 Lansing MI 48909-7578
Timothy J Gassmann
DCOE: 070577 I SUS¢0DE:
Richard J Rahe 39846362
2570 Green St 12/16/00 12/16/01I I TERMINATEDIFOHECKED
O01
2570 Green St
Dubuque IA 52001-3011
HO Form: 03 250
A. Dwelling Amount 110000
B. Other S~ructures Amount 11000
C. Personal Property Amount 82300
D. Loss of Use Amount 22000
El Per Liab Ea Occ Amount 500000
F. Med pay Ea Pe~~ AmOunt 5000
Endors~ent ad~ng Additional Ins~ed to follow shortly.
POLICY BE TE~INATED, mE COMPANY WILL GI~ THE ~DITIONAL INTEREST iDENTIFIED BELOW ~YS ~ i~
~I~EN NOTICE, AND ~LL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY T~T WOULD AFFECT T~T~ ~ ~
INTEREST, IN ACCORDANCE WITH THE PO~CY PROVISIONS OR AS REQUIRED BY ~W. ~
/ LOSSPA~ I I
Ci~ of D~=~e LOAN~
D~u~e ~A 5200~-4864
. ~ ' ~ Timo~y J G~Ss~ ~
June 4, 2001
TO Honorable Mayor and City Council:
~ would like to construct the retaining wall in order to terrace our bank for
ease in mowing the lawn. Se requested retaining wall is anticipated to be no higher
than 3 foot and will be located directly b~hind the sidewalk.
Sincerely,
Judith Bakey-Rahe
May 14~2001
City of Dubuque, Iowa
City Clerks Office
City Council Agenda
Dear Council Members:
I ludith C. Bakey-Rahe, owner of the property, located at 2570
Green Street Dubuque, Iowa, am requesting to be put on the city council's
agenda, for Monday May 21, 2001.
Thi.q is in reference to having the council grant pe,.,i.qsion to build
a retaining wall next to the sidewalk in front of my property at 2570 Green,
cuxremly the variance is 5 feet from the sidewalk, in order to avoid the large
tree roots, at that distmace we would like to b~__nt_ the wall next to the
sidewalk The propose of the retaining wall is to level offthe steep
embankment to make lawn work easier for me to maintain.
Thank You for your consideration, ~ .~,-< ~
Judith C. Bakey-tt ~he e,
Proposed Retaining Wall
m
m
Z
2570 Green
I~~ ~CITY OF DUBUQUE