Sidewalk Installation - 480 Wartburg Place Copyright 2014
City of Dubuque Action Items # 1.
ITEM TITLE: Sidewalk Installation - 480 Wartburg Place
SUMMARY: City Manager transmitting information on the sidewalk waiver request by
Tim and Christine Conlon, owners of 480 Wartburg Place, and requesting
City Council direction.
Correspondence from Attorney Steve Juergens on behalf of the property
owners.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Council
ATTACHMENTS:
Description Type
❑ 480 Wartburg Place Sidewalk Waiver Request-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Juergens Correspondence Supporting Documentation
❑ Attachments Supporting Documentation
❑ Area Map Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 480 Wartburg Place - Sidewalk Waiver Request
DATE: November 12, 2014
City Engineer Gus Psihoyos is transmitting information on the sidewalk waiver request
of Tim and Christine Conlon, owners of 480 Wartburg Place, and requesting City
Council direction.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, Cty Engineer
THE CITY OF �.. Du
DUB E AN-AmericaNV
1 I I=I
Masterpiece ora the Mississippi , „
TO: Michael Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: 480 Wartburg Place — Sidewalk Waiver Request
DATE: November 10, 2014
INTRODUCTION
This memo is in response to the October 14, 2014 letter from Attorney Stephen
Juergens representing Tim and Christine Conlon, owner of 480 Wartburg Place,
regarding the requirement for sidewalk installation associated with the owner's previous
and proposed improvements and additions.
BACKGROUND
In the spring of 2011 Mr. Conlon contacted the Engineering Department regarding
sidewalk installation relative to his proposed improvements. On May 4, 2009 City
council approved the revision and enforcement of City code of 10-1-2 for sidewalk
installation when any lot or parcel was developed or redeveloped and changes to the
footprint of the structure. This ordinance was identified as the requirement for the
sidewalk installation and would govern over the Wartburg Place Reconstruction Project.
During the reconstruction of Wartburg Place in 2002, sidewalks on the east side of
Wartburg Place were not included. In May 2012, the Link's Glen subdivision (east side
of Wartburg Place) was required to install sidewalks as part of their subdivision plans.
In September 2011, the property just north of the Conlon property requested a waiver
on the requirement to install sidewalks as part of their property addition. The City met
on-site to discuss the sidewalk installation requirement and their proposed
improvement. As a result of that meeting and owners request, a letter was sent as
information, direction and clarification that sidewalk installation was required. The
property owner decided not to construct their proposed addition, and therefore was not
required to install the public sidewalk at that time.
DISCUSSION
Since that time improvements have been made on the Conlon property, some without
proper permit, inspections or waiver requests. A report from Building Services indicates
those issues. The owner stated to the Building Services Department that the garage
was not completed at this time. The permit issues have been resolved per Building
Services.
On September 3, 2014 the attached letter was sent to Mr. & Mrs. Conlon indicating
building permits that were issued with no receipt of sidewalk waiver request as required,
and if a waiver was submitted it should be directed to City Council. On September 8,
2014 the city received the attached response from Mr. Conlon requesting the waiver
and wanting direction of where to go from this point. On September 25, 2014 the
attached letter was sent to Mr. Conlon with the direction to submit request directly to
City Council.
A letter from Tim Conlon dated September 8, 2014, attached, and had three questions
to which the following information is being provided in response.
1) According to County Assessor Office records the previous detached garage
built in 1965 was 30' x 22'. In 2012 it was noted that the old detached garage was
removed and replaced with a 26' x 40' structure. This would change the footprint and
therefore require sidewalk installation per City Code. However, no final inspection from
building services has been requested as of this date.
2) In 2002 Wartburg Place was reconstructed and at that time the project was
submitted to City Council to include sidewalks as part of the scope of project. However
City Council did amend the project by not requiring installation of sidewalks on the east
side of Wartburg Place for the approximate 1,000 ft. of Wartburg Place (two property
owners). At that time, Sunset Ridge was identified as being private. Also in 2002 City
council accepted Sunset Ridge as a city street retroactive to the original plat of 1926.
3) Sunset Ridge Reconstruction project was accepted by City Council on June 4,
2012 with improvements including but not limited to construction of a public 21-foot wide
roadway with curb and gutter, sidewalk on the west side of the street, and restricted as
no parking on either side. Per Legal Department review and conclusions the walk was
installed as a "MINIMUM" on the west side of Sunset Ridge during the construction
process.
During the Wartburg Place reconstruction project in 2002, Mr. Conlon addressed the
council with concerns that his sidewalk was required at that time. He pointed out that
the inclusion of sidewalk would destroy many healthy trees and shrubs; would lead to
private, dead end street, undue burden for maintenance and mar the character of the
neighborhood.
Addressing those same concerns in 2014 the response includes that private trees and
shrubs should not be on public right of way, and the public walk way whether grass or
concrete are to be kept clear for pedestrians with at least 80" clearance over any public
walk way.
Also in some cases the walk alignment could be shifted to divert around the existing
trees. Additionally, Sunset Ridge is a public street with public sidewalk. Maintenance of
the public right of way by the abutting owner is required whether it is grass cutting, snow
shoveling or both. These requirements are city wide and not street specific.
2
CONCLUSION
The grade of the right of way is very conducive to sidewalk installation and would not
require major grading or retaining walls. The request from Tim Conlon for waiver of
sidewalk installation for the past garage and current pool house improvements is being
forwarded to the City Council for their direction.
cc: Rich Russell, Building Services Manager
Crenna Brumwell, Assistant City Attorney
Jane Smith, Engineering Assistant
FAJANE SMITH\Sidewalks\INSTALL\Appeals\2014\480 Wartburg Conlon
3
Law Offices Of
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE,IOWA 52001-6810
STEPHEN J.JUERGENS WILLIAM C.FUERSTE(1923-2011)
ROBERT L.SUDMEIER* ALLAN J.CAREW(RETIRED)
DOUGLAS M.HENRY
MARK J.WILLGING November 13, 2014
TELEPHONE:
A.THEODORE HUINKER
(563)556-4011
DANITA L.GRANT*
JENNY L.WEISS t TELECOPIER:
JASON D.LEHMAN* (563)556-7134
NICHOLAS C.THOMPSON j
RICHARD W.KIRKENDALL
E-MAIL:
MAIL 4-I'l F.RSTFI AW.COM
ALL ATTORNEYS LICENSED IN IOWA
*LICENSED IN WISCONSIN
tLICENSED IN ILLINOIS WRITER'S DIRECT
E-MAIL ADDRESS
S.I UER(;ENS Cd,1ZlL•RST[I.A W.0 0M
Dubuque City Council
c/o Office of City Clerk
City Hall
50 W. 13" Street
Dubuque, IA 52001
RE: TIMOTHY and CHRISTINE CONLON/
480 WARTBURG PLACE SIDEWALK INSTALLATION
WAIVER
Dear Honorable Mayor & City Council Members:
We represent Timothy and Christine Conlon, who reside at 480 Wartburg Place
in Dubuque, Iowa. Mr. and Mrs. Conlon have requested a waiver of the requirement
that they install a sidewalk pursuant to City Code of Ordinances Section 10-1-2. See
enclosed letters.
When Wartburg Place reconstruction was proposed in 2001, Timothy and
Christine Conlon requested and obtained a deletion of planned sidewalk installation
on the east side of Wartburg Place. Mr. and Mrs. Conlon cited the length of their
western boundary, the fact that a walk on their property would not connect to another
walk on either end, and the fact that in the Wartburg Place reconstruction project an
existing walk on the west side of the street was being replaced. The Wartburg Place
reconstruction was completed in 2004 with a sidewalk on the west side of the street
only. We enclose relevant portions of your meeting, held August 6, 2001, and
February 16, 2004.
As you may recall, Wartburg Place becomes Sunset Ridge at the southern
boundary of the Conlon property. In 2010, Sunset Ridge was the subject of a major
reconstruction project, including the installation and/or upgrading of city street, curb,
and sewer, as well as the installation of sidewalks. You may also recall that in this
FUERSTE, CAREW,JUERGENS & SUDMEIER,P.C.
Dubuque City Council
November 13, 2014
Page 2
project approved by City Council (like in the Wartburg Place reconstruction)
sidewalks were installed/constructed only along the west side of Sunset Ridge. We
enclose relevant portions of the minutes of your meetings of July 19, 2010, and
August 2, 2010, concerning the reconstruction project.
There is a complete absence of any sidewalks along the east side of the entire
length of Sunset Ridge.
In September, 2010, Timothy and Kelly Sherman purchased a lot at 720 Sunset
Ridge, which is located on the east side of Sunset Ridge. In 2012, when they
constructed their residence on the lot, the Shermans were advised by the City that they
were required to install a sidewalk along their property. The Shermans requested a
waiver, which was denied by the City Engineer. The Shermans then requested a
waiver from the City Council. At your meeting of March 19, 2012, the City Council
voted in favor of the waiver, 7-0. We enclose relevant portions of the minutes of the
meeting of March 19, 2012.
As shown by the aerial photographs enclosed, there is no sidewalk on Wartburg
Place from just east of Links Glen Drive to the entrance to Sunset Ridge. As
indicated above, there also is no sidewalk whatsoever on the east side of the entire
length of Sunset Ridge. The western boundary of the Timothy and Christine Conlon
property abutting Wartburg Place is approximately 726 linear feet in length. It is
estimated that the cost of installation of a sidewalk on Conlon's western boundary of
that length would be $13,068. Our clients believe such sidewalk is unnecessary, as it
would literally start and end nowhere, without joining any previously installed
sidewalk on either the north or south end. This is the same situation Mr. and Mrs.
Sherman faced in 2012.
Our clients further believe that requiring a sidewalk on their western boundary
would be a waste of their resources.
There is no need for more sidewalk in the neighborhood, and certainly no need
for a sidewalk in front of one house (Conlon's) only. There is a sidewalk along the
entire west side of Wartburg Place and along the entire west side of Sunset Ridge.
FUERSTE, CAREW,JUERGENS cit SUDMEIER,P.C.
Dubuque City Council
November 13, 2014
Page 3
On behalf of Mr. and Mrs. Conlon, we thank you for your time and
consideration.
Very truly yours,
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
BY:
SJJ:slj STEPHEN J. RGENS
Enclosures
cc: Timothy and Christine Conlon
Barry Lindahl, City Attorney
Gus Psihoyos
Law Offices Of
FUERSTE, CAREW,JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE,IOWA 52001-6810
STEPHEN J.JUERGENS WILLIAM C.FUERSTE(1923-2011)
ROBERT L.SUDMEIER* ALLAN J.CAREW(RETIRED)
DOUGLAS M.HENRY
MARK J.WILLGING October 14, 2014
A.THEODORE HUINKER TELEPHONE:
DANITA L.GRANT* (563)556-4011
JENNY L.WEISS t
JASON D.LEHMAN* TELECOPIER:
NICHOLAS C.THOMPSON t (563)556-7134
RICHARD W.KIRKENDALL
E-MAIL:
ALL ATTORNEYS LICENSED IN IOWA \JAIL@ FI FRSTFI \W.Co\I
*LICENSED IN WISCONSIN
tLICENSED IN ILLINOIS
WRITER'S DIRECT
&MAIL ADDRESS
SJUERGENS @ IUFR-STELAW.CoNt
City Council
C/o City Hall
13th and Central Avenue
Dubuque, IA 52001
Dear City Council Members:
This office represents Tim and Christine Conlon, 480 Warburg Place,
Dubuque, Iowa 52003.
Enclosed please find a copy of Mr. Conlon's letter to Gus Psihoyos dated
October 10, 2014.
Please consider this letter confirmation of the request of Tim and Christine
Conlon to the City Council for a waiver of sidewalk installation.
Please place this request in the agenda for your meeting of November 17, 2014,
rather than November 3, 2014.
Very truly yours,
FUERSTE,CAREW,
JUERGENS & SUDMEIER, P.C.
BY:
STEPHEN J. JUERGENS
SJJ:slj
cc: Tim and Christine Conlon
Barry Lindahl, City Attorney
Gus Psihoyos
October 10,2014
Mr.Gus Psihoyos, City Engineer
THE CITY OF DUBUQUE
50 W. 13TH Street
Dubuque, IA 52001
RE: Sidewalk Installation
480 Wartburg Place, Dubuque, Iowa
Dear Mr. Psihoyos:
I hereby request a waiver to the City Council for the requirement to install a sidewalk at 480 Wartburg
Place, as per your letter dated September 25, 2014.
Please see that this request for waiver is on the agenda for the November 3, 2014,City Council Meeting.
SINCERELY,
Timothy J. Conlon
Cc: Barry Lindahl,City Attorney
Crenna Brumwell,Asst.City Attorney
Rich Russell, Bldg.Services Manager
Jane Smith, EAII
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, August 6, 2001
Council met for Dinner in the Library Rotunda at 5:00 P.M.
Council met in Special Session at 5:30 P.M., in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is a special session of the City Council called for
the purpose of discussing the Town Clock Plaza.
Kevin Eipperle of the Durrant Group spoke giving the specifics of the proposed design for
the reopened Town Clock Plaza. Discussion encompassed responding to specific questions
about the turn-around at the Town Clock, the color of the concrete, benches, the Continuum
sculpture removal and the possibility of moving the Town Clock.
Upon motion Council adjourned this Special Session at 6:28 P.M.
Isl Jeanne F. Schneider
City Clerk
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, August 6, 2001
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is the regular session of the City Council called
for the purpose of acting upon such business which may properly come before the Council.
Invocation was given by Council Member Patricia Cline.
PROCLAMATIONS: Responsible Gaming Education Week (August 6 — 10, 2001) received
by Bruce Wentworth and Carrie Zaber; International Dragon Boat Festival (August 10, 11,
and 12, 2001) received by Jean Flowers; United Way Campaign Time (August 15—October ,
2001) received by Mary and Cathy O'Hare.
CONSENT ITEMS
1
Business License Refunds: Refund of Cigarette License for Caseys General Store on
Rockdale Road and Caseys General Store on Peru Road in the amount of $100.00 each,
upon motion received and filed and approved refunds.
Dubuque Jaycees: Request of the Dubuque Jaycees to transfer their liquor license to the
Iowa Street Parking Ramp as a rain site for the August 17, 2001 All That Jazz event, upon
motion received and filed and approved request.
Business Licenses: Nicholson moved adoption of Resolution No. 345-01 Granting the
renewal of one license (Arby's Q-Mart) to sell Cigarettes and Cigarette Papers within the City;
Resolution No. 346-01 Granting issuance of a Class "B" Beer Permit to Tri-State Golf Center,
Inc.; Class "C" Beer Permit to Amoco Food Shop and IOCO Speede Shoppe#3; and Class"B"
(5-Day Special Event) to Dubuque Jaycees (Tent A, B and C) and Music N More; Resolution
No. 347-01 Granting issuance of a Class "C" Beer/Liquor License (Five Day Special Event) to
Carlos O'Kelly's, Inc. and The Busted Lift (One Day Outdoor Service); and Class "C"
Beer/Liquor License to Los Aztecas Mexican Restaurant. Seconded by Michalski. Motion
carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Housing Commission (One unexpired term to expire 8/17/03; Three terms to expire 8/17/04)
- Applicants: Jeremy Austin, Char Eddy, Kris Erickson, John L. Henning, Joe Hopkins, David
J. Kapler, John J. Plein. Char Eddy and John Henning both spoke requesting consideration
for appointment.
Housing Advisory Trust Fund Committee (One three year term to expire 9/8/04) -Applicant:
John V. Walsh. No one spoke
Appointments to the following Boards/Commissions:
Long Range Planning Advisory Commission (Two terms expiring 7/1/04) -Applicants: Floyd
Schneider and Charles Winterwood, M.D. Upon motion Floyd Schneider and Charles
Winterwood, M.D. were appointed to three year terms expiring 7/1/04.
Transit Board of Trustees (One term expiring 7/30/04) - Applicant: Don Stedman. Upon
motion Don Stedman appointed to a three year term expiring on 7/30/04.
PUBLIC HEARINGS
Upon motion it was resolved to suspend the rules to allow anyone present to address the
Council if they so desire.
Wartburg Place Reconstruction: Proof of publication on notice of hearing on plans and
specifications for the Wartburg Place Reconstruction Project, Communication of City
Manager recommending proceeding with the Wartburg Place Reconstruction Project; a
Resolution Adopting plans and specifications for the project; a Resolution With respect to the
adoption of the Resolution of Necessity proposed for the Wartburg Place Reconstruction
Project, Petition (23 signatures) of residents of Sunset Ridge Drive requesting that the
proposed storm sewer installation be done first to control storm water management and also
5
questioned the termination of snowplowing the Sunset Ridge Dr. area by the City after 75
years; Petition (21 signatures) of residents of Wartburg Place and Sunset Ridge Dr.
protesting the creation of a new sidewalk on the east side of Wartburg Place; Petition (13
signatures) of residents of Wartburg Place and Sunset Ridge protesting the creation of a cul-
de-sac at the end of Wartburg Place and at the entrance of Sunset Ridge, presented and
read.
Tim Conlon, 480 Wartburg Place, spoke requesting sidewalks not be installed on the east
side and also that the cul-de-sac design be changed to accommodate snow removal and other
large vehicles.
Regina Thibeau, 530 Sunset Ridge, spoke questioning the City's recent termination of
upkeep of Sunset Ridge, stating that after 75 years it is now a private street and also
requesting that the storm sewer be done at the beginning of the Wartburg project.
Donna Wahlert, 600 Sunset Ridge, spoke reiterating the need for City's snow removal of
Sunset Ridge and the early installation of the storm sewer.
Jim Kennedy, 575 Sunset Ridge, spoke of the same concerns.
Dave Horstmann, of Wartburg Seminary, spoke stating that they agree with the requested
deletion of the sidewalks on the east side but have no position as to the cul-de-sac.
After Council discussion, Nicholson moved to table this matter for two weeks. Seconded by
Michalski. Carried by the following vote: Yeas—Buol, Duggan, Michalski, Nicholson,
Robbins. Nays—Cline, Markham.
Upon motion the rule was reinstated limiting discussion to Council.
ACTION ITEMS
Town Clock : Communication from John E. Butler, President of Cottingham and Butler,
requesting that the City relocate the Town Clock to the Town Clock Building at 835 Main
Street; Communication from Charlie Glab stating he felt the Town Clock should be moved;
Communication from David Wm. Rusk stating his opposition to moving the Town Clock,
Communication of Walter Peterson, of the University of Dubuque, requesting the Town Clock
be relocated to the Town Clock Building; presented and read.
Mary Lou Baal, representing Cottingham and Butler, spoke of their commitment to save and
restore the Town Clock Building and request that the City facilitate the moving of the Town
Clock back onto its original building at 835 Main St.
Upon motion it was resolved to table this matter for two weeks and staff was directed to
research the various issues, i.e., liability, easement, maintenance agreement, and cost.
1998 Sidewalk Assessment Installation: Communication from John W. Herrig requesting that
he not be required to install sidewalks on the east side of Embassy West Drive north from
Pennsylvania Avenue, presented and read. Upon motion it was resolved to give a one year
extension on the original decision to delay the installation of sidewalks in this area.
Long Range Planning Advisory Commission Membership: Communication from Mary Lynn
Neumeister, Chairperson of the Long Range Planning Advisory Commission, regarding
membership on the Commission and recommending changes, upon motion received and filed.
Ordinance No. 49-01 Amending Section 36-4 of the City of Dubuque Code of Ordinances
regarding composition of the Long Range Planning Advisory Commission, presented and
6
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, FEBRUARY 16,2004
INVOCATION
Dr. Catherine Dunn, BVM, President of Clarke College
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 212 and 219; Civil Service of 1120; Enterprise tone Commission of Z2;
Human Rights Commission of 1112; Zoning Advisory Commission of 214
Camegie-Stout Public Library Board of Trustees Update for Meeting of 1/22/Q4
Proofs of publication of City Council Proceedings of 1119104 and 1126104 and List of
Claims and Summary of Revenues for month ending December 31, 2003
Finance Director submitting the Financial reports for the month ending January 31, 2004
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
DanEl' Benn for vehicle damage; Daniel Gamer, Jr.for vehicle damage; Horaclo M.
Gonzales and Rose J. Gonzales vs.the City of Dubuque
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Dubuque Storage and Transfer Company for property damage; Lynn M.Valley for
vehicle damage
Corporation Counsel recommending settlement of the claim of Ron Conrad, owner of
the Glenview Motel, for property damage and directing the Finance Department to issue
payment
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
8. Management Agreement for Bunker Hili Golf Course
City Manager recommending approval of a management agreement with G.M.S., Inc.
(George Stephenson)for the Bunker Hill Golf Course for the period March 1, 2004
through November 30, 2004.
Suggested Disposition: Receive and File; Approve
9. Iowa Department of Natural Resources 28E Agreement
City Manager recommending approval of a 28E Agreement with the Iowa Department of
Natural Resources to provide funds for construction of a fishing pier at Heron Pond.
Suggested Disposition: Receive and File; Approve
10. Comprehensive Annual Financial Report
City Manager submitting the Comprehensive Annual Financial Report(CAFR) and
Parking Facilities Report for Fiscal Year 2003.
Suggested Disposition: Receive and File
11. White Street Reconstruction Project—Preliminary Final Assessments
City Manager recommending approval of the preliminary schedule of final assessments
for the White Street Reconstrucfion Project
RESOLUTION Approving the preliminary schedule of final assessments
Suggested Disposition: Receive and File;Adopt Resolution
12. Wartburg Place Reconstruction Project—Acceptance
City Manager recommending acceptance of the Wartburg Place Reconstruction Project
as completed by Portxen Construction, Inc. in the final contract amount of$638,398.68
and approval of the preliminary schedule of final assessments.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
RESOLUTION Approving preliminary schedule of final assessments
Suggested Disposition: Receive and File; Adopt Resolutions
13. Agreement with ICvlahan Fauns, LLC
City Manager recommending approval of an agreement between the City of Dubuque
and Kivlahan Farms, LLC for the exchange of properties along the west side of the
Arboretum property abutting the next phase of Arbor Estates, owned by Kivlahan
Fauns, LLC.
R15SOLUTION Approving agreement with Kivlahan Farms, LLC for the exchange of
properties along the west side of the Arboretum abutting the next phase of Arbor
Estates owned by Kivlahan Farms, LLC
Suggested Disposition: Receive and File;Adopt Resolution
3
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 19, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation
PROCLAMATIONS
Dubuque County Fair Week was accepted by Jamie Blum, Dubuque County Fair Manager;
Americans with Disabilities 20th Anniversary was accepted by Katrina Wilberding, Proudly
Accessible Dubuque; and RAGBRAI Day was accepted by Keith Rahe, Dubuque Convention
and Visitors Bureau.
PRESENTATION
Federal Transit Administration Region 7 Award for Achievement was presented' by
Economic Development Director David Heiar and Transit Manager Barbara Morck.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carred 6-0.
Minutes and Reports Submitted: City Council of 716; Civil Service Commission of 6/24;
Community Development Advisory Commission of 6/16; Historic Preservation Commission of
6/17; Human Rights Commission of 6/7; Long Range Planning Advisory Commission of 6/16;
Park and Recreation Commission of 6/8; Zoning Advisory Commission of 7/7; Zoning Board of
Adjustment of 6/24
Proof of publication of City Council Proceedings of June 21 and 22, 2010 and List of Claims
and Summary of Revenues for Month Ended May 31, 2010
Library Board of Trustees Update from the Meeting of June 24, 2010
Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Troy Rabbett for property damage; Madonna Delaney for vehicle
damage; Stephanie Schadl for personal injury/property damage. Upon motion the documents
were received, filed and referred to the City Attorney.
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 38-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 75 John F. Kennedy Road from PUD
Planned Unit Development District with a PC Planned Commercial Designation to C-3 General
Commercial District. Seconded by Jones. Joseph P. Kane, Kane, Norby & Reddick,
representing Key City Investment Company, spoke in support of the request. Planning
Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
Sunset Ridge Reconstruction Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimated cost for the Sunset Ridge
Reconstruction Project and City Manager recommending approval.
City Manager advising that regardless of the outcome of the public hearing on the Sunset
Ridge Reconstruction Project, there will be letters going out to property owners to remove
obstructions from the public right-of-way.
Motion by Connors to receive and file the documents and adopt the resolutions. Seconded
by Jones. Doug Henry, Fuerste Carew Law Firm, 200 Security Building, and representing 15
property owners, spoke stating that the addition of sidewalks is not a requirement of the
Americans with Disabilities Act and therefore should not be included in this public facility
improvement or alteration. Mr. Henry added that there is no discrimination if no sidewalk
exists. Jeff Eddy, 5775 Sunset Ridge, reiterated that all area property owners submitted a
petition at the March 15 meeting against the addition of sidewalks. Mr. Eddy relayed what
information was provided by the City Attorney's Office and Engineering Department and asked
that the area not be treated differently than any other area within the City. Responding to
questions from Council addressing the City's sidewalk policy, Planning Services Manager
Laura Carstens stated that sidewalk requirements are addressed through City's Unified
Development Code, site development review process, and by subdivision regulations and
coordinated through the Engineering Department. City Engineer Gus Psihoyos stated that
reconstruction projects within the past 10 years have included the addition of sidewalks and
only those properties that will abut the proposed sidewalk are assessed. Assistant City
Attorney Crenna Brumwell addressed interpretation of the ADA stating that sidewalks are
considered a facility and since January 1992 alteration of a facility and new construction must
provide access. City Attorney Lindahl cited the City's Unified Development Code 11.16 which
states there is a requirement for the construction of sidewalks in accordance with ADA
standards.
Motion by Braig to amend the motion deleting the sidewalk component from the resolution
approving plans, specifications, form of contract, and estimated cost. Seconded by Lynch. City
Engineer Gus Psihoyos stated that the amendment would cause re-design of the entire
project. Motion failed 2-4 with Resnick, Buol, Connors, and Jones voting nay.
Original motion by Connors to receive and file the documents and adopt the proposed
resolution approving plans, specifications, form of contract, and estimated cost; and the
Resolution with respect to the adoption of the Resolution of Necessity for the Sunset Ridge
Reconstruction Project. Seconded by Jones. Motion failed 4-2 with Lynch and Braig voting
nay.
Central Avenue Water Main (216t to 32"d Street) Project: Proof of publication on notice of
public hearing to consider the plans and specifications, form of contract and estimated cost for
the Central Avenue Water Main (21St to 32nd Street) Project and City Manager recommending
6
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August 2, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg
(Via Conference Phone), City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church
PROCLAMATIONS
United Way Campaign Time (August 2010) was accepted by Campaign Co-Chair Judy
Wolf; Responsible Gaming Education Week (August 2-6, 2010) was accepted by Joey
Anderson from the Mystique Casino and Scott Cooper from the Diamond Jo Casino.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Lynch. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/25,
6/10 and 6/16; City Council of 7/19; Library Board of Trustees of 4/22; Historic Preservation
Commission of 7/15; Housing Commission of 5/25
Library Board of Trustees Update from the Meeting of July 22, 2010
Proof of publication of City Council Proceedings of July 6, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle
damage; Gayle Walter for personal injury; Karen L. Candee for property damage; Jennifer
Bries for vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle
damage; Neil and Beth Pitman for property damage; Dan and Lori Dolphin for property
damage; Dorothy L. Lester vs. City of Dubuque, an Iowa Municipal Corporation. Upon motion
the documents were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Stephanie Schadl for
personal injury/property damage; Erin Fitzsimmons for vehicle damage; Tom Juergens for
personal injury; Gayle Walter for personal injury; Jennifer Bries for vehicle damage; Neil
Pitman for property damage. Upon motion the documents were received, filed and concurred.
_ Bonds Called for Redem tion _
-Principal Interest Maturity CUSIP .
Amount Rate Date I Numbers
$50,000 4.200% June 1, 2011 1 263867 RQ8
50,000 4.300 June 1, 2012 1 263867 RR6
55,O00_µ 4.400 June 1, 2013_ 263867 RS4
55,000 4.500 June 1, 2014 263867 RT2
60,000 4.600 June 1, 2015 263867 RU9
60,000 4.700 June 1, 2016 263867 RV7
65,0_00 4.800June 1, 2017 263867 RW5
70,000_ 4.56-0—"—June 1, 2018 263867 RX3
70,000 4.950 June 1, 2019 263867 RY1
75,000 5.000 June 1, 2020263867 RZ8
80,000 1 5.000 June 1, 2021 263867 SA2
No representation is made as to the accuracy of the CUSIP numbers printed herein
or on the Bonds.
The above Bonds should be presented to Wells Fargo Bank, N.A., 666 Walnut
Street, Des Moines, Iowa 50309, telephone (515/245-8504). This represents a full call
of the outstanding obligations. All interest will cease to accrue on the Redemption Date.
Wells Fargo Bank, National Association
(End of Notice)
Passed and approved this 2"d day of August, 2010.
Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor
Sunset Ridge Reconstruction Project — Motion to Reconsider. Council Member Braig
requesting that the July 19, 2010 vote on the motion to approve the Sunset Ridge
Reconstruction Project be reconsidered. Motion by Braig to receive and file the documents and
reconsider the Sunset Ridge Reconstruction Project. Seconded by Lynch. Motion carried 7-0.
Sunset Ridge Reconstruction Project: Communication from Steve Conlon, 655 Sunset
Ridge, advising that the majority of residents of Sunset Ridge would like to rescind their
opposition to sidewalk installation and request that the City Council approve the Sunset Ridge
Reconstruction Project.
Communication from Jeff Eddy, 565 Sunset Ridge, in objection to the installation of
sidewalks.
City Manager recommending approval of the Sunset Ridge Reconstruction Project with a
revised project schedule.
Motion by Braig to receive and file the documents and adopt Resolution No. 298-10
Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge
Reconstruction Project, Resolution No. 299-10 Resolution with respect to the adoption of the
Resolution of Necessity for the Sunset Ridge Reconstruction Project, and Resolution No. 300-
10 Approving schedule of assessments and estimate of total cost for the Sunset Ridge
Reconstruction Project. Seconded by Connors. Braig read a short summary of the project's
history. Motion carried 7-0.
19
RESOLUTION NO. 298-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Sunset
Ridge Reconstruction Project, in the estimated amount $1,548,102.82, are hereby approved.
Passed, adopted and approved this 2"d day of August, 2010.
Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor
RESOLUTION NO. 299-10
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE SUNSET RIDGE RECONSTRUCTION PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the Sunset Ridge
Reconstruction Project and has given notice of the public hearing thereon as required by law;
and
Whereas, the public hearing 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
Resolution 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 duly considered are overruled.
Passed, adopted and approved this 2"d day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 300-10
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR
THE SUNSET RIDGE RECONSTRUCTION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the Sunset
Ridge Reconstruction Project are hereby approved.
Passed, approved and adopted this 2nd day of August, 2010.
Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor
SUNSET RIDGE RECONSTRUCTION PROJECT
PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
DATE: July 8, 2010
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.
20
ROLL CALL ORDER FOR MEETING OF3/19/2012
Jones,Lynch,ResnicK Sutton,Braig,Buol,Connors
CITY OF DUBUQUE,ICWA.
QFbb CITY COUNCIL MEETING
Historic Federal Building
{ p rM ; c 350 W. 6th Street, Dubuque
v '� r March 19, 2012
Council meetings are video streamed live and archived at
vuwwcityofdubuaue ora/media and on Dubuque's CityChannel on the
Mediacom cable system at Channel 8 (analog) and 97 2 (digital)
REGULAR SESSION
6 30 PM
PLEDGE OFALLEGIANCE
MOMENT OF SILENCE
PRESENTATION(S)
1 Veterans'Memonal Plaza
Richard Goebel, President ofthe Board of Directors for the Veterans'Memorial Plazato presentthe City Council with a photo in
gratitude for its support of the Veterans Memorial Plaza
2 365 Impact Awards
Presentation of the 365 Impact Awards from March 6,2012 Overall Individual Public Information Officer Randy Gehl, Overall Idea
Millwork District Partners,Art Art on the River, Family Music in Jackson Park
3651moad A%erds-MVM Mema,365Imnact A%Aards M mo,3651mnad AvardsLi;t_
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single
motion without any separate discussion on a particular item If youwould like to discuss one of the Consent Items, please go to the micropl
and be recognized by the Mayorand state the item you would like removedfromthe Consent Agenda for separate discussion and
consideration
1 Minutes and Reports Submitted
City Conference Board of 1130, City Council Proceedings of 2129, 315,and 317, Five Flags Civic Center Commission of 216112, Hist
Preservation Commission of 317,Zoning Advisory Commission of 3/7
Proof of Publication for City Council Proceedings of 2120, 2121,2127, and 2129
Suggested Disposition Receive and File
Cdv Conference Board Minutes 1130112,Cdv Counal Minutes 2J29/12,Uy Council Minutes3/5/1 2,Cdv Counal Min des 3/7/12,Five Fleas
Mmdes 2012,Historic Preservation Minutes 317/12,Zoning Advisory Minutes 317/12,P roof-Counal Proceedings 2120/1 2,Proof-Council
Proceedi=2121112,Proof-Council Prodeedinas2127112,Proof-Council Proceedings 2129/12,
2 Notice of Claims and Suits
Joshua Boffeli for property damage,A rchie Ralston for personal injury, Kathleen Stierman for property damage
Suggested Disposition Receive and File; Refer to City Attorney
Boffeh Claim,Stierman Claim,Ralston C1 aim.
3 Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa,the agent for the Iowa
Communties Assurance Pool Joshua Bofelll for property damage,Archie Ralston for personal injury,Kathleen Stierman for prope
damage
Upon motion the rules were reinstated limiting discussion to the City Council,
ACTION ITEMS
Project HOPE Update: Eric Dregne, Vice President of Programs for the Community
Foundation of Greater Dubuque, presented the spring 2012 update on Project HOPE,
which included information on the Project HOPE Coalition, targeting disengaged com-
munities, working for collective impact, objectives, connecting people to education skills,
pathways to employment, and helping families build financial assets. Motion by Connors
to receive and file the information. Seconded by Resnick. Motion carried 7-0.
Dubuque Police Department New Uniform Shoulder Patch: Police Chief Mark Dalsing
presented the Dubuque Police Department's new uniform shoulder patch and a brief
summary of its development and history. Motion by Jones to receive and file the infor-
mation. Seconded by Connors. Motion carried 7-0.
Sunset Ridge Sidewalk Installation Waiver: Correspondence from Freund Law Firm,
P.C. on behalf of Timothy and Kelly Sherman requesting a waiver of the requirement
that a sidewalk be installed at 720 Sunset Ridge. Restated motion by Connors to re-
ceive and file the documents and approve the waiver. Seconded by Resnick. Tim
Sherman, 720 Sunset Ridge, explained the information he received regarding the side-
walk requirement he received at the time he purchased the property and built a house
after the last street reconstruction and shared neighborhood survey information. Council
discussed the intent of the last street reconstruction as it pertained to sidewalk installa-
tion on the west side of the street. Motion carried 7-0.
Preliminary Plat - Brickyard Estates: Zoning Advisory Commission recommending
approval of the Preliminary Plat for Brickyard Estates (Southwest corner of Middle Road
and Seippel Road) as requested by Callahan Construction, Inc. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Jones.
Motion carried 7-0.
Code of Ordinances - Farmers' Market Amendment: City Manager recommending
approval of an amendment to the ordinance that sets for the conditions for the outdoor
Farmers' Market around City Hall. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Dan Lo Bianco, Executive Director for Dubuque Main
Street provided an explanation of how vendors will designate their items are produced
locally or procured elsewhere. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-12 Amend-
ing City of Dubuque Code of Ordinances Chapter 4 Central Market, Section 4-4-1 Mar-
ket Area Delineated by Extending the South Boundary of the Market Area; Section 4-4-2
Farmers' Market; Display of Merchandise by Providing for the Sale of Goods Which
have been Raised, Produced, Procured or Crafted by Local Vendors; and Section 4-4-6
Revocation of Permit by Revoking Permits for Goods Sold that were not Raised, Pro-
duced, Procured or Crafted by Local Vendors. Seconded by Connors. Motion carried 7-
0.
16
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Law Offices Of
FUERSTE, CAREW, JUERGENS & SUDMF,IER, P.C.
200 SECURITY'Bt'ELUItiG
151 WEST 8T11 STREET
DUBLQUE,IOWA 52001-6810
STEPHEN J.JUER(iGVS
4v11.1.mm C.Ft-ERs Lt:(1923-20 t 1)
ROBERT L.SUMMER.x ALLAN J.CAREW(RETIRED)
DOUGLAS M.HENRY October 14, 2014
-MARK J.WELLGING TPLEP}{On E,;
A.THEODORE Hi NKER
DANITA L.GRANT* (563)556-401 I
JENtiY L.1v'EISS T
JASoN D.LEHSIAN x TELECOPIER:
NICHOLAS C.THOMPSON r (563)556-7134
RICHARD W.KIRKENDALL
1•I\IlF,F{ ERS[I'LAW(:0\1
At.i,AI IORNt'YS LICENSED is IUW.A
LICENSED IN WISCONSIN
LI(:EVSFI.)IN ILLINOIS WRITERS DIRECT
E-MAIL ADDRFSS
j11'FR( 1.',tiS IVERSTI'L.AW.COM
City Council
c/o City Hall
13`h and Central Avenue
Dubuque, IA 52001
Dear City Council Members:
This office represents Tim and Christine Conlon, 480 Warburg Place,
Dubuque, Iowa 52003.
Enclosed please find a copy of Mr. Conlon's letter to Gus Psihoyos dated
October 10, 2014.
Please consider this letter confirmation of the request of Tim and Christine
Conlon to the City Council for a waiver of sidewalk installation.
Please place this request in the agenda for your meeting of November 17, 2014,
rather than November 3, 2014.
Very truly yours,
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
BY:
STEPHEN J. JUERGENS
SJJ:slj
cc: Tim and Christine Conlon
Marry Lindahl, City Attorney
GUS Psihoyos
Dubuque Engineering Department
THE CITY OF 50 W. 13`h Street
ADAtndaicaCiiV Dubuque,[A 52001
Office(563)589-4270
UBV-311 UQU E Fax(563)589-4205
engin eer(w cityoftl ubuque.org
Masterpiece on the Mississippi ,aa; -2012'2013 www.cityofdubuque.org
September 3, 2014
Mr. & Mrs. Tim Conlon
480 Wartburg Place
Dubuque IA 52003
Re: Sidewalk Installation
Dear Mr. & Mrs. Conlon,
In July of 2011 you were issued for a permit for a carriage house/garage. With that permit a
notice was issued regarding the installation of public sidewalk. According to City Code 10-1-2
sidewalk is required to be installed when the lot is developed or redeveloped with improvements
that create new structures or changes the footprint. Attached is a copy of the code for your
reference.
In July of 2014 you received ZBA approval for the pool house. This construction, as well, would
require the sidewalk installation along your frontage of Wartburg Place.
No request for waiver of this sidewalk installation has been received by the City. You would be
required to install the public sidewalk or request that waiver be considered by City Council.
Please respond to our office within five (5) days of receipt of this notice if sidewalk is to be
installed and a time frame, or if you are going to request the waiver, it would need to be
submitted to the City Clerk for placement on the City Council agenda.
Please contact our office at 563-589-4270 if you need any additional information.
Si cere
t�F
Jane Smith
EAI I
Enc.
cc: Gus Psihoyos, City Engineer
Barry Lindahl, City Attorney
Rich Russell, Bldg. Serv. Mgr.
Service People Integrity Responsibility Innovation Teamwork
Sterling Codifiers, Inc. Pagel of 2
10-1-2: SIDEWALK INSTALLATION AND REPAIR:
A. Installation:
1. The owner of any lot or parcel in the city, that abuts upon any improved public street
that has concrete or stone curb shall, at the owner's cost, install to standard city
specifications a sidewalk along the full length of the portion of the lot or parcel abutting
the public street when said lot or parcel is developed or redeveloped or at the direction
of city council. For purposes of this subsection, "development or redevelopment"
means any improvement that creates a new parking lot, new principal structure,
garage, carport, covered deck, or covered patio on the lot or parcel or changes the
footprint of the parking lot, principal structure, garage, carport, covered deck, or
covered patio on the lot or parcel.
2. Upon application and for good cause shown, the city manager may grant a full or
partial exception to the above requirement. (Ord. 44-09, 9-8-2009)
B. Duty Of Owner To Maintain: The owner of any lot or parcel thereof abutting upon any
sidewalk on the city streets in the city shall maintain said sidewalk free from cracks, holes
and unevenness so that the sidewalk does not constitute a safety hazard, and such
conditions are hereby declared a public nuisance. For the purposes of this section,
"sidewalk" includes the area from the back of the curb to the right of way line abutting the
property. (2007 Code § 41-101)
C. Notice To Replace, Repair Or Reconstruct:
1. Whenever the city manager shall determine that the conditions of any sidewalk as
described in subsection B of this section exist, the city manager shall serve notice by
certified mail on the abutting property owner, as shown by the records of the county
auditor, requiring the abutting property owner to replace, repair or reconstruct the
sidewalk.
2. If the city manager determines that the replacement, repair or reconstruction of the
sidewalk is not practicable because of circumstances beyond the control of the
abutting property owner, the city manager may allow or require a temporary repair of
the sidewalk until such circumstances no longer exist. (2007 Code § 41-102)
D. Collection Of Costs Of Replacement, Reconstruction Or Temporary Repair By City: If the
abutting property owner who has been notified pursuant to subsection C of this section to
repair, replace, reconstruct, or temporarily repair the sidewalk shall fail to repair, replace,
reconstruct, or temporarily repair such sidewalk within thirty (30) days after the mailing of
such notice, the city manager may cause the required action to be performed and assess
http://www.sterlingcodifiers.conilcodebook/printnow.php 09/03/2014
i
CONLON CONSTRUCTION CO.
iioo Rockdale Road (52003-7875)
P.O. Box 3400
Dubuque, Iowa 52004-3400
P11 1tiV 563.583.1724
U.1\ 563.588.3939
www.conlonco.com
September 8, 2014
Ms.Jane Smith
CITY OF DUBUQUE
50 West 13th Street
Dubuque, Iowa 52001
Dear Jane,
In response to your letter of September 3`d, 2014, please note the following:
1. The Carriage House did not change the footprint; I deconstructed a three-car garage and
replaced it on the same footprint with another three-car garage.When so noted,the
requirement for a sidewalk was dropped.
2. 1 hereby request a waiver to the requirement for the sidewalk installation based on the
following:When Wartburg Place was reconstructed 5-6 years ago the sidewalk issue was
raised. I asked and received a variance based on 700+LF of walk because it would not
connect to any adjacent walk at either end, and the south end terminated at a stone
monument/pillar with no probability of future extension.it was also noted that a sidewalk
on the west side would be reconstructed,as an existing walk there had served the relatively
few residents of Wartburg Place and Sunset Ridge to the south easily.The 700+ LF walk
ultimately was not required and a variance was granted.
3. 1 understand that the requirement for sidewalks was waived for the east side of Sunset
Ridge when that street was reconstructed a couple of years ago. It was determined that a
sidewalk on the west side would be adequate for those few residents.What good would a
sidewalk on my property serve only to terminate at Sunset Ridge?
Jane, it would seem unreasonable for me to have to appear before the Council to once again
present my case for a variance that had already been granted for reason when Wartburg
Place was reconstructed;the same reason applies today.
Please let me know where to go from here.
Thank you,
Tim
Dubuque Engineering Department
THE CITY OF -�� � 50 W. 13th Street
AJi-Nnaicakll Dubuque,IA 52001
DUB
E � � � Office(563)589-4270
Fax(563)589-4205
enuincer@cityofdubuque.org
Masterpiece on the Mississippi 2IM17,2012,zota www.cityofdubuque.org
September 25, 2014
Tim Conlon
480 Wartburg PI.
Dubuque IA 52003
Re: Sidewalk Installation
Dear Mr. Conlon,
In response to your September 8, 2014 letter regarding the required sidewalk installation I have
met with the City Manager Mike Van Milligen, City Attorney Barry Lindahl, Asst. City Attorney
Crenna Brumwell and Jane Smith Eng. Asst. to discuss your request for waiver of this sidewalk
requirement.
After reviewing your letter and listed reasons requesting a waiver of sidewalk installation, it has
been determined that the sidewalk is required per City Code of Ordinances Title 10-1-2. The
completion of the public sidewalk installation is required within one year of date of issuance of
the pool permit which was July 22, 2014. If you wish to request the waiver to City Council, the
request must be made within 30 days of this notice.
The City Council meets the first and third Monday of each month in the Council Chambers on
the second floor of the Historical Federal Building at 350 W. 61 Street. The meetings begin at
6:30 p.m. Submittal of agenda items are due in the City Clerk's Office in City Hall by noon on
the Wednesday preceding the Council meeting. Upcoming council dates are October 6,
October 20, November 3 and November 17.
If you have any questions regarding the process please feel free to contact my office or the
Office of City Clerk, (563) 589-4120.
Sincerely,
Gus Psihoyos
City Engineer
cc: Barry Lindahl, City Attorney
Crenna Brumwell, Asst. City Attorney
Rich Russell, Bldg. Services Mgr.
Jane Smith, EAII
Service People Integrity Responsibility Innovation Teamwork
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(DAGIS),which,,d,des data created by both the City Of Map Prepared by:
Dubuque and Dubuque County.It b,u,d,rst,,d that,while
the Cty of Dubuque and pamopat,ng ageneses tnlzed the City of Dubuque
most ent and ac,_,d'nforma°,available,DAGIS and 1 inch = 656 feet Engineering Division
its su
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mrormatlon or data contained herem.The CRy and participating 50 West 13th Street
agen les shall not be held liable for any tlireR,intllrec[,incidental,
nsequenbal,pumtrve,or special damages,whether foreseeable or Dubuque,Iowa 52001
unioredeeable,annng out of the authonzed or unauthonzed use of 2001000 200 400 600 800 Feet Phone:(563)589-4270
this data or the inability to use this data or out of any breach of
warranty whatsoever. Fax:(563)589-4205