911 High Bluff Retaining Wall Project_Public Hearing Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: 911 High Bluff Retaining Wall Project
SUMMARY: Proof of publication on notice of public hearing to consider approval of the
Final Schedule of Assessments for the 911 High Bluff Retaining Wall
Repair Project and the City Manager recommending approval.
RESOLUTION Adopting the Final Assessment Schedule for the 911 High
Bluff Retaining Wall Repair Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 911 High Bluff Retaining Wall-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution and Notice Resolutions
❑ Assessment Supporting Documentation
❑ Vicinity Photos Supporting Documentation
❑ Proof of Publication Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 911 High Bluff Retaining Wall
DATE: October 28, 2014
City Engineer Gus Psihoyos is recommending the establishment of the Final Schedule
of Assessments for the 911 High Bluff Retaining Wall Repair Project.
On October 13, 2008, the City Council authorized emergency repairs to the retaining
wall behind 911 High Bluff and associated street improvements along Thomas Place.
The project provided for the replacement of approximately 80 feet of an existing
concrete retaining wall.
On October 1 St, 2008 a letter dated September 30th, 2008 was sent to the property
owners indicating the City of Dubuque's intention to move forward with an emergency
repair of the retaining wall on their property adjacent to Thomas Place. In that letter the
City informed the property owner that they would be notified of the amount of the special
assessment once work was complete. The retaining wall repair was completed on
December 2, 2008.
In February 2009, the retaining wall repair project was accepted by the City Council. In
the acceptance memo to the City Council, the Engineering Department indicated that a
public hearing would be requested for a future meeting to approve a special
assessment for 911 High Bluff. Since that time, the Engineering Department and the
Legal Department have had many discussions and meetings on assessing retaining
walls where there is a dual beneficial purpose. In many cases, these retaining walls
were constructed privately either on private property or in the City right of way (ROW).
Dual purpose retaining walls are defined as walls that clearly benefit the City and the
private property owners. In this case, the wall was constructed originally to allow the
private property owner to build a house situated on the lot that provides for a large front
yard. The City also benefits from the retaining wall supporting Thomas Place. Through
past surveys, the retaining wall was shown to be entirely on private property.
It is expected that this decision on how to assess dual purpose retaining walls, no
matter who constructed the wall originally, will set a precedent on how retaining wall
assessments are handled by the City going forward.
In this particular case where the wall serves both a private and public purpose, City
Staff believes the wall costs should be shared equally between the City and the abutting
private property owner. However, per Iowa Code 384.62, "an assessment shall not
exceed twenty-five percent of the value of the lot as shown by the plat and schedule
approved by the council or as reduced by the court'.
The assessment for the property owner of 911 High Bluff would be as follows:
City Share Private share
$69,869.61 $69,869.61
The current assessed valuation of the property is $108,680. The cost of the
improvement is $69,869.61 . Based on this valuation with improvement, the special
assessment is ($108,680 + $69,869.61) x 0.26 = $44,637.40.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'��
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Jenny Larson, Budget Director
Crenna Brumwell, Assistant City Attorney
Ken Tekippe, Finance Director
Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
Bob Schiesl, Assistant City Engineer
2
THE CITY OF Dubuque
DUB E AA-AnduaCRY
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer C
2
DATE: September 25, 2014
SUBJECT: 911 High Bluff Retaining Wall
INTRODUCTION
The enclosed resolution provides for the establishment of the Final Schedule of Assessments
for the 911 High Bluff Retaining Wall Repair Project.
BACKGROUND
On October 13, 2008, the City Council authorized (Resolution 359-08) emergency repairs to the
retaining wall behind 911 High Bluff and associated street improvements along Thomas Place.
The project provided for the replacement of approximately 80 feet of an existing concrete
retaining wall with a concrete cantilever retaining wall.
Based on Iowa Code § 364.12(3)(c)(h), and through the competitive quotation process for public
improvements, this project was awarded on October 20, 2008 to Arensdorf Trucking &
Excavating, Inc. of Anamosa, Iowa. The final cost for the project including construction,
engineering and inspection was $139,739.23.
On October 1 st, 2008 a letter dated September 301h, 2008 was sent to the property owner, Mr.
Christopher J. Blakeman and Ms. Heather M. Haley of 911 High Bluff indicating the City of
Dubuque's intention to move forward with an emergency repair of the retaining wall on their
property adjacent to Thomas Place. In that letter the City informed the property owner that they
would be notified of the amount of the special assessment once work was complete. The
retaining wall repair was completed on December 2, 2008.
In February 2009, the retaining wall repair project was accepted by the City Council. In the
acceptance memo to the City Council, the Engineering Department indicated that a public
hearing would be requested for a future meeting to approve a special assessment for 911 High
Bluff. Since that time, the Engineering Department and the Legal Department have had many
discussions and meetings on assessing retaining walls where there is a dual beneficial purpose.
In many cases, these retaining walls were constructed privately either on private property or in
the City right of way (ROW). Dual purpose retaining walls are defined as walls that clearly
benefit the City and the private property owners. In this case, the wall was constructed originally
to allow the private property owner to build a house situated on the lot that provides for a large
front yard. The City also benefits from the retaining wall supporting Thomas Place. Through past
surveys, the retaining wall was shown to be entirely on private property. An aerial view of the
property and wall is attached.
It is expected that this decision on how to assess dual purpose retaining walls, no matter who
constructed the wall originally, will set a precedent on how retaining wall assessments are
handled by the City going forth.
DISCUSSION
In this particular case where the wall serves both a private and public purpose, the wall costs
should be shared equally between the City and the abutting private property owner. However,
per Iowa Code 384.62, "an assessment shall not exceed twenty-five percent of the value of the
lot as shown by the plat and schedule approved by the council or as reduced by the court".
A picture of the finished retaining wall is attached to this memo. As can be seen from the
picture, the wall supports the city street (public purpose) and allows the house to be located
deep on the lot (private purpose).
The assessment for the property owner of 911 High Bluff would be as follows:
City Share Private share
Construction $56,185.52 $56,185.52
Engineering $13,684.09 $13,684.09
TOTAL $69,869.61 $69,869.61
The current assessed valuation of the property is $108,680. The cost of the improvement is
$69,869.61. Based on this valuation with improvement, the special assessment is ($108,680 +
$69,869.61) x 0.25 = $44,637.40.
FINAL ASSESSMENT SCHEDULE
The schedule for the Final Assessment process is as follows:
Publish Notice of Final Assessment 1 sl Publication: October 10, 2014
2 I Publication: October 17, 2014
Public Hearing on Special Assessments: November 3, 2014
Council Approve Final Schedule of Assessments November 3, 2014
Mail Final Special Assessments Notice to Property Owners November 7, 2014
Mail Financial Assessment Information to Property Owners November 7, 2014
Deadline for Financial Assistance Applications December 12, 2014
Deadline for Paying Assessment to City, Without Interest December 12, 2014
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution approving the Final Schedule of
Special Assessments for the 911 High Bluff Retaining Wall.
Prepared by Jon Dienst, PE
cc: Jenny Larson, Budget Director
Barry Lindahl, City Attorney
Crenna Brumwell, Assistant City Attorney
Ken Tekippe, Finance Director
Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
Bob Schiesl, Assistant City Engineer
2
RESOLUTION NO. 343-14
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 911 HIGH BLUFF RETAINING
WALL REPAIR PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s),
Page 1 to Page 1 inclusive, is hereby approved for the 911 High Bluff Retaining Wall Repair
Project.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. 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 Final Schedule of Assessments, subject
to the provisions of Iowa Code § 384.63. 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.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments 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 Iowa Code § 362.3, the first publication
of which shall be not more than fifteen days from the date of filing of the Final Schedule of
Assessments. 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 in Iowa Code § 384.60.
The 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
notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more
are payable in 15 annual installments at the County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent
(3%) 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. However, when the last day of September is a
Saturday or Sunday, that amount shall be delinquent from the second business day of October.
Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners
may elect to pay any annual installments semi-annually in advance.
Passed, approved and adopted this 3rd day of November, 2014.
Attest:
Kevi 1 S. Firnstahl, Cit
Ka4la A. Braig. Mayor PF )Fem
NOTICE TO PROPERTY OWNERS OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS
FOR THE 911 HIGH BLUFF RETAINING WALL REPAIR PROJECT
TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOLLOWS
IN THE CITY OF DUBUQUE, IOWA:
Properties abutting the areas described below:
• 911 High Bluff
The public improvement and location is as follows:
— Concrete retaining wall behind 911 High Bluff along Thomas Place
The proposed district to be benefited and subject to assessment for the cost of such
improvements is described as follows:
911 HIGH BLUFF RETAINING WALL REPAIR PROJECT
All property included with the areas described so as to include one-half of the privately owned
property between each such street to be improved and the next street, whether such privately
owned property situated more than 300 feet from the street to be improved be assessed.
You are hereby notified that the Final Schedule of Assessments against the benefited properties
within the District described above, a copy of which Final Schedule of Assessments is attached
hereto, has been adopted and the assessments confirmed by the City Council of the City of
Dubuque, Iowa, and that said Final Schedule of Assessments has been certified to the Dubuque
County Treasurer.
The assessments may be paid in full or in part without interest at the office of the City Treasurer,
City Hall, 50 W. 13`h Street, Dubuque, Iowa, at any time within 30 days after the date of the first
notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more
are payable in 15 annual installments at the County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent
(3%) 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. However, when the last day of September is a
Saturday or Sunday, that amount shall be delinquent from the second business day of October.
Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners
may elect to pay any annual installments semi-annually in advance.
Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE,IOWA
911 HIGH BLUFF RETAINING WALL REPAIR
FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
DATE:October 28,2014
The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot
and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque.
PROPERTY OWNER NAME LOT DESCRIPTION PARCEL VALUATION CrT ,STATE RETAINING WALL TOTAL NET
NUMBER WITH IMPROVEMENT COST ASSESSMENT
Blakeman,Chnstopher J& Haley,Heather M LOTS 42&43 HOOPER ADD 10-13-437-019 $178,549.61 Dubuque,IA 52001 $69,869.61 $44,637.40
TOTALS: $69,869.61 $44,637.40
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STATE OF IOWA {SS
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
1
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 10 & 17, 2014, and for which the charge is $40.42.
CITY OF DUBUQUE,• {
IOWA
:.OFFICIAL`NOTICE"
NOTICE TO PROPER-
1
TY OWNERS OF PUB-
iLIC NEARING ON SPE-
CIAL ASSESSMENT
FOR 'A" RETAINING- 1
MALL REPAIR AT-911-1
-- — HIGH.BLUFF STREET.
. NOTICE"'IS",HERESY
GIVEN ThbiCity�Coun '
�=cil of the.Cifty?of"Dubu- i j
que Iowa"°Mill I hold'a
public hearjng on the
special,assessment of
911`"High-Bluff:Street
fpr the 911 High Bluff. I
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, Street Retammg wau
Repair Project in,ao-
this //"0_day of , 20cordance with the pro-.
' yisions,of Chapter,26,, l
Code"of.Iowa, at 6:30
s
p'monthe 3r`d day>of
November'2014,inr:the
Historic,Federal Build-
ing Council 'Chambers
(second '`floor), '350
West 6th.Street,Dubu-
que,Iowa
The retaining wall re
No ary Public in and for Dubuque County, Iowa. pair project mvolyed:
The,repair of,an 80
foot long; 10-foot high
concrete retaining
wall The project.utiliz
ed' ,geofoam- backfill
and,,clean. stone: '.A
chain link fence was in
A MARY K %N "C ERMIENE stalled on'top of the
wall for. safety to pe
rians.
My Comm P 1,20117 Cop!es of-supporting
documents for the pub.
he hearingreen,fite<in
the,City'Clerk's Office,
56,W. 13th'Street,-and
may be viewed during,
nprrnal working hours
Written comments re-
garding the'akiove pub
lip hearings may be
submitted,to'the City
Clerks Office on or-be
fore said time of public
hearing at 50M. 13th
Street,'or.ctyclerkC cit, i
yofdubuque.org > ,At.
sald1ime-an.W place of
public hearings alj`in- F
terested citizens and
parties will be given an
opportunity' .to be
heard forI or ;against
said project
Any Visual-or hearing,
impaired '' persons, -
needing special,assis-,
I
tante or persons with
special jaccessibi_lity
needs should contact
theCity Clerk's office
at 1,,
(563) 5894100 or
TDD at (563) 556,9958
at least 48 hours-prior
..to the meeting ;
Publi'shed'by order of.
the City Council given
on the 6th day of O�cto
ber:2014:
-Kevin S.Eirnstahl,
CMC City Clerk
2t 10/10,17
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: November 7 & 14, 2014, and for which the charge is $79.87.
Subscribed to before m otary Public in and for Dubuque County, Iowa,
this /5z/,,,e day of
, 20 /,,Z,
‘-7
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
CITY OF DUBUQUE, 'I
IOWA
OFFICIAL NOTICE
NOTICE TO PROPER-
TY OWNERS OF :FIL-
ING OF THE FINAL
SCHEDULE OF AS -i
SESSMENTS FOR' THE'
911 HIGH BLUFF RE -1
TAINING • WALL RE -I
PAIR PROJECT
TO THE PERSONS
OWNING PROPERTY i
WITHIN THE DISTRICT 1, Iowa, and
DESCRIBED AS'FOL- q
LOWS IN"THE CITY' OF draw annual interest will at
DUBUQUE,'IOWA:three percent (3%)
Properties abutting r•computedf to December
the areas described 1 ,next folldwing the
below: ; .of' ,
• 911 High Bluff spectiveduedates installmentsthere
The public improve;, as provided in Section
ment and location is as 384.65 of the Code of`
Eac h installment
follows: Iowa.
Concrete retaining will be delinquentfrom
wall behind 911 High October1 following its
Bluff along Thomas due date.on July ,l of
Place eacli, . year; However,
The proposed district when the last day of
to bebenefited and September is a Satur-
subject` to assessment day; or Sunday, that
for the cost of"such <im-amount shall be delis=
provements is descri-.' quent from.the second
bed as -follows: ` business" dayof Octo-'
911 HIGH BLUFF RE- ber:. D'elinqueht mstall-
TAINING WALL REPAIR ments will draw the
PROJECT, same delinquent inter
All property included " est'as ordinary: taxes.
with the areas descri- Property owners. may,,,.
bed so as to include I elect to pay ny annual
one-half of the private-intallments semi
iy owned `property be- I annuallyKevin in advance.S.
tween each such street Fistahl,:
to be improved and the CityrnClerk
next street, whether 2t 11/7; 14 =.
such privately owned CITY OF DUBUQUE,
,property situated more I®WA
than 300 feet from; the I , 911 HIGHBLUFF
street to be improved RETAINING WALL
be assessed. REPAIR
You are hereby nota FINAL SCHEDULE OF
fled that the Final VALUATION" AND
Schedule Bess PROPOSED.
ments agofainstA ' the ASSESSMENTS
benefited properties DATE:October�28,
within the District de- 2014
scribed above, a copy The follow
`which .Final Sched- ule is hereby deter-
ule of Assessments is mined to show each lot
attachedlhereto, has I proposed .to be as -
been adopted and the sessed 'for the irn-
assessments con- provement shown in
firmed by the City the ititle together. with
Council of the City of the, amount proposed
Dubuque,. Iowa, and to; be assessed against
that said Final Sched- each lot and; the valua-
ule of Assessments has tions" shown opposite
been certified to the each, lot are hereby 1
Dubuque County Trea- fixed as the true valua-
surer. tions of such lots by
The assessments may the City Council of the
be paid ih full or in part City of Dubuque.
without interest at the PROPERTY OWNER
office of the City Treas-LOT DESCRIP-
urer, City Hall, 50 W. 1 TION, PARCEL NUM
13th Street, .Dubuque, i WITH , VALUATION
ininw30 at any time rwith- the 1 MENT, CITY, STATE,
date ofdthe,fir tenotice i RETAINING WALL 'i
of the Final Schedule of COST, TOTAL NET AS- I
Assessments. There- SESSMENT
after, unpaid .assess- Blakeman, Christo-
ments of $100.00 or pher 1 $� Haley, Heath -
more arerpayable in 15 er M, LOTS 42 & 43
annual installments at HOOPER ADD, 10-13-
437-019, $178,549.61,
the County reasurer's
T
Office, Dubuque Coun-DubuqueIA ;
ty Courthouse, 720 •
$61 u869.661 141/7, ,
$44,637.40
Central Avenue, Dubu,