Citizen Communications_Rampson_Parrett_BeelerCity Council
City of Dubuque
Hon Roy Buol Mayor
Ric Jones
Ann Michalski
Kevin Lynch
Karla Braig
Joyce Conners
Patricia Cline
April 23, 2007
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RE: Application by Dean Rampson for assistance on special assessment for the University
Avenue Reconstruction Project denied by City of Dubuque Engineering Department.
On July 11, 2006 I spoke with Bob Schierl of the engineering department about applying
for assistance for the impending special assessment for the University project. I explained
to him that proving my families income by the due date was going to be very difficult since
I had filed an extension with IRS until October. Further I was working long hours every
day on 1158-60 University, which we had put up for sale, to bring it up to tip top condition.
This task was made even more difficult when our next door tenants at 1160 were
methamphetamine abusers and trashed their apartment leaving us over $4000 in damages in
2005, were evicted and left the unit unrentable for eight months.
On top of this there was plenty of deferred maintenance to catch up to in a short period.
(The property was sold, closing on August 14th, 2006).
In addition to the fix-up we were also in that chaotic and frantic period between closing and
buying another house, finding temporary quarters, sorting, packing, donating, boxing,
storing, moving not only our belongings, but also those of my mother, my brother, and my
son, to say nothing of our considerable possessions in a nine room house with an attic and
three garages all before 8114, also the submission date for the assistance.
I scarcely had time to think about taxes. Even when I did I had no idea what box my files
were in or where in fact they might be found. In the swirl of activity I misplaced the
application and overlooked the filing date, given the situation, a very human result, mea
culpa.
Finally, on September 3, we moved into temporary quarters with only day to day
necessities. Everything else was in storage including the tax files. When things eventually
settled down I searched, found the files, filed my taxes and submitted the assistance
application to Mr Schierl on 9/19.Our application reflected an income crippled by the loss
at 1160, time and labor spent by me solely on the property and outlays for materials and
subcontractors; anincome so low as to qualify us for 100% forgiveness. It was denied.
Too late, even though the engineering department had submitted only a preliminary
assessment.
I visited Mr Schiesl again asking for an appeal of the decision based on our extenuating
circumstances. He referred me to Jane Smith of the department who gave me hope by
agreeing to review my application, stating that there was precedent for accepting
applications after the preliminary special assessment was sent out but before the final
assessment was presented to the City Council. I never heard from the department again.
Foolishly I kept waiting to hear from someone in the department about the status of the
appeal. Not hearing either in writing or by telephone convinced me that the escrow funds
were still at the attorneys. Upon calling the attorney this month, he told.me they had been
paid out.
I now ask the question is the purpose of this assistance to help tax paying voting citizens, or
is it set up to punish us if we fail within a reasonable period no matter the circumstances to
meet a bureaucratic deadline carved in stone? I don't think this is the purpose of
government, at least it wasn't forme during my ten years as a public servant.
What is more important, the fact that my family qualified and sorely needed this program,
or the fact we missed an arbitrary deadline?
We were never notified by letter or phone of our status. We never received a final
assessment notification. We were not informed of the date the final assessment was to be
presented to the council, which denied us our due process and an opportunity to present our
case to the council. A recent phone call to the department was not returned.
We gain no user benefit with respect to our assessment since we no longer live on
University Avenue and scarcely if ever drive on it anymore by virtue of our new address on
the Southside.
There is no written policy governing the decision making process dealing with application
extensions at the department. Absent that criteria the process becomes completely
subjective putting the applicants at a disadvantage, and subjecting them to the whims of the
day or worse; prior issues or disagreements with the department.
A delay of 30 days in the presentation of an application when the applicants meet all the
substantive requirements on income and eligibility, which at the end of the day is the
ultimate purpose of the provision, and considering reasonable extenuating circumstances,
one would think an extension justifiable and totally proper.
We ask that you, the elected voice of the people in your wisdom pursue the just option and
allow us to take advantage of the special assessment provision based on our income
eligibility and extenuating circumstances and return our escrow in the amount of $2147.
Thank you for your consideration on this matter.
Dean and Jeanette Rampson
670 Cleveland Avenue, 52003
5824524
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Mayor Roy Buol
City of Dubuque
City Hail
Dubuque, IA 52001
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Dear Mayor, ~ ~ s
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I read with. interest your desire to make Dubuque "Greco". Over the past few weeks ~avew
forwarder you information and copies of correspondence on books, energy and bought iirto~is
idea along time ago. As background, I managed BFI Waste Systems for 16 years here is
Dubuque. I got my start with Dubuque I?isposal who lead the way in recycling and making
cellulose insulation.
Just like the City of Dubuque, most of our trucks were equipped with air brakes. When they sat
overnight their air tanks lost air Pressure. To minimize fuel consumption all !rucks were
equipped with an air hose connection and air was built up using a large electrically powered air
compressor. Think of the fuel saved without creating air pollution.
I am including the result of a test developed and operated with the support of 40 local car and
truck dealers to recycle oil filters. I believe the pages demonstrate what can and was
aa:omplished here in Dubuque.
We built a new home in Southern Hills Sub-division in 1999. This home was equipped with
geo-thermal air conditioning and heating. E~erior walls were 2 x 6 and insulated with cellulose
insulation. All appliances were of the latest engineering. The water softner is Kinetic. I
estimate we save 500 gallons of fossil fuel and $1,200 to $1,500 anaually.
Ironically, Stl°l. of the homes built since 1999 in a natural setting for ditch installed geo thermal
were built using fossil fuel by people under 45 and with fiill knowledge of the benefits of geo-
thermal. I don't believe a home was built for less than $250,000 and we now have over 60
homes in the development. What say you in terms of young people's interest in saving energy
and air pollution?
I believe you, the County Supervisors and other State politicianslbuteaucrates will have to
develop codes similar to those applicable to septic systems. If a home is built with it's own
septic system, it must be equipped with geo thermal air conditioning and heating. The builder
and new home owner ace aot going to do it because they are concerned about our finite fossil
fuel supplies or greenhouse gases.
You are welcome to visit anytime. Thank you.
S ~%ti~~
David H. Parrett
9349 April Lynne Ct.
563-583-4792
1Mast~
' SystemsiM
SROWNING-FERRIS INDUSTRIES
Dubuque District
Pacesetter Award of Environmental Excellence
"PROJECTED" USED OIL FILTER CRUSHING RESULTS
These are the PROJECTED results of this "pilot" from the beginning (March 8, 1993) to the end
of business, Friday, September 30, 1994.
Number of drums in circulation 40
Number of drums collected 372
Number of cubic yards landfill avoidance 100
Number of gallons of oil recycled 2,354
Number of lbs. of crushed filters recycled 64,081
Dollar landfill avoidance @ $45/ton (oil) $385.00
Dollar landfill avoidance @ $45/ton (metal) $1,388.00
Revenue billed since Aug. 1-Sept. 30,1993 $~
Revenue billed since October 1, 1993 $~
Contributions to non-profit service
organizations from recycled oil & metal. $730.00
Dubuque City population 57,673
Dubuque County population 90,900
#7
1055 CENTURY CIRCLE P.O. BOX 1006 • DUBUQUE, IOWA 52004-1006 • (319) 556-5393 • FAX (319) 556-0727 Recycled paper ~,
CRUSHER
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2,354 GALLONS USED
OIL TO RECYCLER
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64,081 ~.BS.
OF CRUSHED FILTERS
TO RECYCLER
100 CUBIC YARDS OF LANDFILL SPACE SAVED
MARCH '93 -SEPTEMBER '94
USED OIL RECOVERY PROGRAM
BFI WASTE SYSTEMS DUBUQUE, IOWA
~$
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372 BARRELS X55 GAL.
USED OIL FILTERS
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Planning Services Departrl-ertt
City Hail
SD West 13th Street
Dubuque, Iowa 52001-4864
(563) 589210 office
(563} 589-4221 fax
{563) 690.6678 TDD
plazming(IAcityofdubuqueorg
www.cityofdubuque.org
Fred aril 7ari Beeler
3019 W. 32nd Stree4
Duque l/s- 52001-1027
SUBJECT: Daycare Center at 3015 W. 3~"d Street
Dear Mir. and Mrs. Beeler:
THE CITY OF
Dui E
This I+stter is written in tesportse to your Inter d-alJed Augus# 23, 2006, regarc~rx~ tfie ~spositivn of
the property at 3015 W. 32"~ Street. In yon ootrespor-derx~e vat aslc th2~ the City of Dubuque
Plar~ing Services Departrrterlt allow this property to revert to its oric,~'nal ~orrng status ~ R 1
Single-Farrily Residential so that the home can amain be oax,Qied by a family.
On September 23,1999, the. Zoning Board of Adjus~trnerd approved a a~ use permit
allowing Yocng-E1n's CF~kf Cate Center to lor~te at 3015 W. 3'L"`' greet. On Octd~er 19,1999, the
City of Dubuque Planning Services surd Erlgine~ir>g ~'p~ atpprcved a site plan for the
daycare oerrter. At the time the oa~ditior~ use permit was issued the property was toned R 1
Sirx,~-Family Residential. Issuarx~e of the conditional use pem~it for the center did not
et'fect the toning and, therefore, the property cor~irwes to be zoned R 1 Sirx,~e-Family R,esidentiat.
R 1 disttic~ regulations pemrt the stnrc#t,tre bo oorltinue as day~re oer~er provided all of the
oond'rtior~s set forth in the ~ use perrnlt and the side pion approval feller are foNawed. R 1
district regulations also pemit the struc~re to be used as a single-family horde.
If you have any gt,~ior>s regarcfng this irlforrrt2ttion, please cartta~ Assistant PtarMter Qy
tiemenway at 569-4210.
~.~
Laura Carstens
Planning Services Manager
cc: Guy Hemerru~yr, As~stau~t Planner
~'"~ People Integrity Responsibility Innovation 'Teamwork
817'E PLAN APPROVAL
October 19,1999
Applicant: Margaret and Leonard Young
Business: Young'uns Day Care Cer-ter
Address: 3015 W 32nd Street
Pro~Ct Locatlon: Same
The site plan debed October 4, 199A, is approved witl~ Mw fiotlowing oonditlona:
1) AB hard surface driveways and parking stalls are oonstrrucbsd accordirty to the
l~'~
2) AN p~kir-g staas as indicated 6n the ply ~ ~ bs~stdpprsd.
3) . Storm voter is to bst5neafed as:l~COed on the plmt.
4) All vegetable stnsenhg is to be plaosd as wed on ttw plan.
5) No p is perrrritted on the driinrways in the aroa irrdkarted as public riptrt-+o~-
way ors the ptwn.
8) .All oonstrErdion in the public rigl'ft-o~wsy shah be bo-the Cil~t~f Dubuque
standards.and specifications with appiic~bis-~ tor.eoo.and
construction.
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7) PlerHe rorrbrnber that a building permit must be obtained irN any new build~g
inferior or exterior mo~d'~icab'ons, utility ~s• ~g~i ~' ~~
8) Devebprnent activities reproved through the site plan revises Rnooess may only
be carried-out in oonFormanos with the app~o ed site plan. Ar~~t
deviation from the approved sits plan, unless improved in advance. shell be a
violation of the City's Zoning Ordlnarroe, Section 4-4, and subject m evil citation.
8) Slte plan approvals are valid for a period of two (2) years fnorn the date of
approval. Within: ttHS two-year t&ne lrarne, a lwildlrrg psrrrrit must be applied for.
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Agreement Form
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partial that if theme aoe questiaas rig in~plansmcn of this. they will stall tha Dubuque DisQute
Raaluti+o~n Caamtar at 589-4395. This ma~t>un„ a~cluaiag tE~e sgt+emaent. n ooa$~demtial; aiods~or(s) wdl not ra~vaal
~ this a~edie~soa a~ will not in cvutt to Y to g other tbea that mediation occwmad ~r. '
.. signing this ag~roenunt, i; to aclmovvledged t~ all issues between t#~e x+alativs to c~sse number !,_,,.,.
have been disclaiad 'and nzedisted: All peurties adayowlexlge that by sung this A~ t68t it is a biadung contract
atforceabla by an appropriate oovtt proc~aeding, is the Iowa District Cauat foc iajum+ative relief
3igr~ed this ~ ~~ day of ~~ ~~l.4fl~-1 _ ~~
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Participant ' - ~~ ''~ C`~
~ 1 to this dispute do hecaby ~ ~ ~ following. (Remember to establish cl~eshinn~eliaes ~ the ~«~ agrmed
August 23, 2006
Laura Carstens
Cit~ Of Dubuque
13t & Central
Dubuque IA 52001
RE: Youngan's Day Care Center
Dear Ms. Carstens:
We have recently become aware of the Young's plans to sell their property at 3015 W
32"d St.
Currently, the Young's are operating a day care center at this location. We have been
informed (indirectly), that the Young's now plan to sell their day car facility. We are
extremely elated at the prospect of this facility's closing. However, this now presents new
concerns for our neighborhood.
Our understanding is that the Young's have plans to sell this property to yet another
business/day care center.
We feel now, as we did at the time of the Young' initial proposal, that a business at a
neighborhood zoned R1 is unacceptable for this neighborhood.
Many concerns were expressed at the time the Young's applied for a conditional use
permit. All of the original concerns presented were dismissed by the Zoning Board, of
Adjustment. We felt, most importantly, that our concerns regarding the devaluation of
our personal property was an issue. This concern was dismissed by the Board-- one
member (a real estate agent) felt there was no reason why this should be an issue. No
further investigation of this issue was allowed, therefore.
A few years later, the Young's applied to expand their operation. We provided to the
Zoning Board at the time, a written quote of a statement made by our appraiser,
indicating that the existence of the day care lowered up to 25% the value of our property.
At that time, the board denied expansion. The comment by a member of the Board was
that "we have some serious issues here". We have always felt that the day care was
allowed to operate without consideration of the property devaluation of surrounding
properties, and this seems to have been clarified in the Board's most recent decision
regarding expansion. This day care center should never have been allowed to operate.
Since operations began at the day care, we have experienced many confrontations, not
only with the management and staff of the day care center, but with their customers. The
Young's signed a Neighborhood Dispute Agreement, agreeing to terms and conditions of
operation. These agreed-upon conditions were never entirely (half-heartedly, at best) met
by the Young's. They were, and continue to be, unable to enforce the conditions
consistently. We feel that if we hadn't personally made an effort to enforce the
guidelines ourselves, the Young's would have totally ignored them. We feel that we have
been ridiculed and harassed by both employees and customers of the day care over the
years. And only because we asked that the guidelines be followed.
The Police Dept was contacted on more than one occasion, but refused to intercede. The
only response from them was that this was a "civil matter" and not within police
jurisdiction. We feel that the City of Dubuque has failed to take ownership of the
decision that they have forced upon our neighborhood. Now they "wash their hands" of
the decision, and leave enforcement of their decisions to the residents of the
neighborhood
We have no way to determine what will ensue with new owners. We cannot assume that
their behavior and treatment of the neighborhood will be as inconsiderate as was with the
Young's as proprietors. Nor can we assume that it will not.
Historically, the City of Dubuque has left us to our own defenses in all confrontations
with the Young's, their staff, and their customers. We feel that this would not change in
the event of the approval of another conditional use permit issued to a new owner.
The City of Dubuque now has a rare opportunity to reverse a decision that never should
have been made. We are simply asking that the City of Dubuque, and the Zoning Board
of Adjustment take into consideration all the concerns of this neighborhood regarding
new ownership. Will we be expected to endure the same treatment from a new
proprietor? Will this neighborhood never again enjoy the privacy we once had? Will
this new proprietor only serve to make matters worse in this neighborhood? What would
prevent the new ownership from expanding hours to evenings and weekends, thereby
compromising the privacy of their immediate neighbors even more than they have been
already?
These are not only concerns of the neighborhood, regarding the existence of the current
day care, but concerns regarding the possible approval of a new day care, and issues that
could and probably would arise if one should be approved at this 32°a St address in
Dubuque.
We are asking for your response to our concerns, since we take them very seriously.
Sincerely,
Fred and Tari Beeler
3019 W 32"d St
Dubuque, IA 52001
(563) 556-5376