Loading...
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 UBE 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: 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 r .i' _ R � k �I I F I i I _ I , 1 s I � UNSET RIDGE ,o , I �r lop 1 { •r c - At 4 1 Ty _ , 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 TI1�D u JIJ� E EXISTING WALK IN WARTBURG PL AREA D-ALIS : aumout cxu ctcc.nvnic wfoan,-ior.srsr=n :11ir.<terpit•ic•on fhe 141issi<sip�pi �?s M mit I.Y' . '7 .r�1 ,•��• �' ♦�,`. fir• 5 - ,� w�`f; .t,, t T r 1•' r �1 - ',a:. r z t 834 V1RTB AL+� Jr ti '- •-..:,.,�•: -",•�., �/. LLL ��'�:. a.. q ., k'Y ti•N AtAl IIARTBURG'•. �f WAIVEf REQU�STED kk • err• f Z. d. •,ILLK L lw` w u q - Irl `sses or DISCLAIMER:This information was complied using the Dubuque Area Geographic Informatlon System N (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 ' pphers do not warrant the accuracy or currency orthe 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