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2 19 01 City Council Agenda PacketCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, FEBRUARY 19, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Jerry E. Oakland, Pastor of St. Luke's United Methodist Church PROCLAMATIONS Tim Moerman Day (February 22, 2001) Prodamation CONSENT ITEMS (See Pages 8-14) 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. BOARDS/COMMISSIONS APPOINTMENTS to the following Boards/Commissions: Building Code Board of Appeals (2 Vacancies): Chuck Carr (General Contractor for term ending 8/1/03); Richard Luchsinger (At-Large for term ending 8/1/03) Community Development Advisory Commission (4 Vacancies): James Giesen (At-Large for term expiring 2/15/04); Charles Isenhart (Census Tract #1 for unexpired term ending 2/15/03) Environmental Stewardship Advisory Commission (2 Vacancies): Art Sunleaf (for unexpired term ending 10/1/02) Applicant List Bd and Comm List Bldg Apps CDAC Apps F-SAC Apps PUBLIC HEARINGS SUSPEND THE RULES 989 Langworthy - Rezoning Request of William May Proof of publication on notice of hearing to consider rezoning property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District. Suggested Disposition: Receive and File; Motion B; Motion A May Rezoriing-Staff May May Rezoning-Staff' May Rezoning-Hap Memo Rezoning-Ordlnance Report May Application May Rezoning- Letters Highway 20 Corridor Between Bluff Street and Cherokee Drive - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located in the Highway 20 Corridor between Bluff Street and Cherokee Drive/Collins Street from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described proper~y located along Highway 20 from Bluff Street west to Cherokee Drive from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts Suggested Disposition: Receive and File; Motion B; Motion A HWY 20-ZAC Memo Hwy 20 Ordinance Hwy 20-Application Hwy 20-St;afl Repod: Hwy 20-Slaff Ltrs Hwy 20 Land Use Hwy 20 Corridor Plan 2 Lamar Advertising - Request for Text Amendment to Zoning Ordinance Proof of publication on notice of hearing to consider an amendment to Section 4- 3.11 of the Zoning Ordinance to increase minimum spacing of off-premise signage. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for Off-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign Regulations for the Off-Premise Sings in lieu thereof, pertaining to increasing the spacing between off-premise signs from 100 feet to 750 feet Suggested Disposition: Receive and File; Motion B; Motion A Lamar-ZAC Memo Lamar- Ordinance LamariExhibit 1 Lamar-Exhibit 2 Lamar-Staff. Memo Five Flags Theater Renovation - Award Contract Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the Five Flags Theater Renovation Project and City Manager recommending to award contract for the project to Klauer Construction Company in the amount of $699,950. RESOLUTION Adopting plans and specifications for project RESOLUTION Awarding contract for project to Klauer Construction Company in the amount of $699,950. Suggested Disposition: Receive and File; Adopt Resolutions Five Rags - NVM Five Flags Staff' Five Flags 1st Five Flags 2nd Memo Memo Resolution Resolution Allan J. Becker- Request to Vacate Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Bradley Place, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Allen J. Backer, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. RESOLUTION Disposing of City interest in Lot 2A of Bradley Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3 Becket - MVM Memo Becket Staff Memo Becket Resolution Becker I Maps Area Residential Care, Inc. - Request to Vacate Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Block 1 5 of River Front Subdivision No. 3 of Bradley Place, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Area Residential Care, Inc. RESOLUTION Disposing of City interest in Lot 2A of Block 1 5 of River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ARC - MVM Memo ARC Staff Memo ARC Resolution ARC - Maps Thomas Luksetich and Steve Smith - Request to Vacate Proof of publication on notice of public hearing to consider disposing of City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Thomas Luksetich and Steve Smith, representing Talass, L.L.C. RESOLUTION Disposing of City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Luksetich - MVM Luksetich Staff Memc Luksetich Resolution Luksetich - Maps Memo Lease with United Rentals, Inc. Proof of publication on notice of public hearing to consider disposing of City interest in real property and City Manager recommending approval of a lease with United Rentals, Inc. for property located at 301 Iowa Street. RESOLUTION Disposing of an interest in real property by lease with United Rentals, Inc. Suggested Disposition: Receive and File; Adopt Resolution 4 United Rental - MVM United Rental United Rental - Memo Resolution Lease REINSTATE THE RULE LIMITING DISCUSSOIN TO COUNCIL ACTION ITEMS Bressler Outdoor Advertising Communication from Jennifer Sloan, General Counsel for Bressler Outdoor Advertising requesting to address the Council regarding the issuance of a building permit to construct a sign structure at 3220 Dodge Street. Suggested Disposition: Receive and File; Refer to City Manager Bressler Letter = Amendments to the Historic Preservation Ordinance Communication of the Historic Preservation Commission and the Preservation Task Force recommending amendments to the Historic Preservation Ordinance. ORDINANCE Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A HPC Letter HPC Summary HPC Recommended HPC Ordinance Changes Initiatives to Support Historic Preservation in Dubuque Communication of the Historic Preservation Commission and the Preservation Task Force recommending initiatives to support historic preservation in Dubuque. Suggested Disposition: Receive and File; Approve Initiatives HPC Initiatives Letter Intiatives Summary Jaycee/Peosta Channel Trail Project City Manager recommending to lower the height of the levee where appropriate for construction of the Dubuque Jaycees/Peosta Channel Trail Project. RESOLUTION Approving a request to lower the height of the levee where appropriate for the construction of the Dubuque Jaycees/Peosta Channel Trail Project . Suggested Disposition: Receive and File; Adopt Resolution Trail - MVM Memo Trail - Staff Memo Trail - Resolution Corps Letter Levee Drawings National League of Cities Communication from the National League of Cities appointing Council Member Dan Nicholson to the Information Technology and Communications (ITC) Steering Committee for the League. Suggested Disposition: Receive and File NLC Lb' Certificates of Completion - CIGNA City Manager recommending approval of two Certificates of Completion for the CIGNA project. Suggested Disposition: Receive and File; Adopt Resolution CZGNA - MVH Memo C[GNA Staff Memo Town Oock Trilog Ce~ficata CeWficate COUNCIL MEMBER REPORTS 6 ITEMS TO BE SET FOR PUBLIC HEARING Motion: Receive and File; Adopt Resolutions; Public Hearings to be Held at Date and Time Recommended City of Dubuque Fiscal Year 2002 Budget City Manager recommending that a public hearing be set for March 6, 2001 to conside[ adoption of the Fiscal Year 2002 budget and the Five Year Capital Improvement Program. RESOLUTION Setting the date of the public hearing on the Fiscal Year 2002 budget for the City of Dubuque RESOLUTION Setting the date of public hearing on the Five Year Capital improvement Program Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/6/01 Budget - MVM Memo Budget - Resolutions Mississippi River Discovery Center Utility Relocation Project - Initiate City Manager recommending initiation of the bidding process for the Mississippi River Discovery Center Utility Relocation Project and that a public hearing be held on March 19, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/19/01 Discovery O~ - MVM Discovery Cb' Staff Discovery Cb' Memo Memo Resolutions 7 1999 RC. Concrete Paving Project - No. I (Bryant, Booth, and Van Buren) Reconstruction Project - Acceptance City Manager recommending acceptance of the PCI I (Bryant, Booth, and Van Buren) Reconstruction Project in the final contract amount of $2,160,641.20 and recommending that a public hearing be held on April 2, 2001 on a new watermain and sanitary sewer assessment added to the project at the request of a property owner, . RESOLUTION of Necessity RESOLUTION Setting date of hearing on Resolution of Necessity RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Accepting improvement RESOLUTION Approving final estimate of 92,160,641.20 RESOLUTON Approving preliminary final schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/2/01 1999 PC - MVM 1999 PC Staff Memo 1999 PC Resolutions Cost Figures Memo CONSENT ITEMS Minutes Submitted Airport Commission of 1/29; Cable TV Regulatory Commission of 1/10; City Council Proceedings of 2/5; Electrical Code Board of 2/5; Environmental Stewardship Advisory Commission of 2/6; Historic Preservation Commission of 1/18; Human Rights Commission of 1/8; Long Range Planning Advisory Commission of 1/17; Transit Board of 2/8; Zoning Advisory Commission of 12/6/00 and 2/7; Zoning Board of Adjustment of 1/25 Airport Minutes TV Regulator¢ Ob/Council Eledoical Bd Environmental HPC Minutes I.RPC Transit ZAC ~.2/6 ZAC 2/7 ZBA 1/25 8 List of Claims and Summary of Revenues for month ending December 31, 2000; City of Dubuque Financial Reports for the month ending January 31, 2001. Suggested Disposition: Receive and File Notice of Claims/Suits Cindy Hanten in undetermined amount for property damage; Robert C. Hood, Jr. in undetermined amount for personal injuries; Gene A. Kramer in estimated amount of $2,222.96 for vehicle damage; Bill Moore in undetermined amount for vehicle damage; Nona R. Nigg in estimated amount of $794.54 for vehicle damage; Linda L. Sanford in estimated amount of $174.85 for vehicle damage; Subrogation Claim of State Farm Insurance (for insured, Timothy Grass) in estimated amount of $872.94 for vehicle damage Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation and Report (]aims to ICAP (]aints - Se~ement Kane Development Corporation Communication from Steve Boge, Kane Development Corporation, requesting the City's acceptance of sanitary sewer and water main system at Pine Knoll Condominiums (Phase I) on Katrina Circle in the City of Dubuque. Suggested Disposition: Receive and File; Refer to City Manager Kane Development Civil Service Commission Civil Service Commission submitting the certified lists for the position of Police Officer. Suggested Disposition: Receive and File; Make a Matter of Record Police Officer 9 Interagency Agreement Between City and Dubuque County Board of Health for Inspection of Pools and Spas City Manager recommending approval of an Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County. Suggested Disposition: Receive and File; Approve Agreement Pools and Spas - Pools and Spas - Agreement - Ob/ Agreement - Stz/ce MVM Memo Staff' Memo and County and County Tentative Agreement Between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353 City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353, for a three year period. RESOLUTION Accepting the tentative agreement between the City of Dubuque, Iowa, and the Dubuque Professional Firefighters Association, Local #353 and authorizing the Mayor to sign the agreement. Suggested Disposition: Receive and File; Adopt Resolution Fire Contract - MVM Fire Conb"act Staff Fire Conb"act Memo Memo U.S. Department of Housing and Urban Development Communication of the U.S. Department of Housing and Urban Development advising that they have reviewed the City's audit report for the period July 1, 1999 through June 30, 2000. Suggested Disposition: Receive and File HUD Letter 10 Iowa Department of Transportation Communication from the Iowa Department of Transportation advising of four public input meetings to be held around the State. Suggested Input: Receive and File [DOT Let:tar State Grant Contract for Design Guidelines Manual City Manager recommending approval of a contract with the State Historical Society of Iowa for a $7,500 grant the City has received to develop a design review guidelines booklet for historic districts. Suggested Disposition: Receive and File CLG - MVH Memo CLG Staff Memo CLG Contract 10. 11. Downtown Vision Process City Manager recommending confirmation of a facilitator for the Downtown Vision Process. Suggested Disposition: Receive and File; Adopt Resolution Downtown - MVH Downtown - St~f~ Downtown - Letter Memo Memo Bunker Hill Golf Course - Agreement with Golf Professional City Manager recommending approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course operation. Suggested Disposition: Receive and File; Approve Agreement Golf Pm - MVM Memo Golf Pm Staff: Memo Golf Pro Agreement 11 12. 13. 14. Urban Revitalization/Tax Exemption Applications City Manager recommending approval of the eligible Calendar Year 2001 Urban Revitalization Applications. RESOLUTION Approving Residential Property Tax Exemption Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor RESOLUTION Approving late filed Residential Property Tax Exemption Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor Suggested Disposition: Receive and File; Adopt Resolutions Urban Revit - MVM Urban Revit-Staff Urban Revit - Urban Revit - Memo Memo Resolution #1 Resolution #2 Clara Street Place - Acceptance City Manager recommending acceptance of the public improvements as completed by Mercy Medical Center in Clara Street Place. RESOLUTION Accepting improvements in Clara Street Place Suggested Disposition: Receive and File; Adopt Resolution Oara St - MVM Memo Clara St - Staff Oara St ~ Memo Resolutions Fischer Cold Storage Warehouse Asbestos Abatement Project - Acceptance City Manager recommending acceptance of the Fischer Cold Storage Warehouse Asbestos Abatement Project in the final contract amount of $3,200. RESOLUTION Accepting improvement RESOLUTION Approving final estimate in amount of $3,200 Suggested Disposition: Receive and File; Adopt Resolutions Fischer - MVM Memo Fischer-Staff Memo Fischer Resolutions 12 15. 16. Salina Street Reconstruction Project City Manager recommending a change from concrete panels to wooden railroad ties on portions of the Salina Street Reconstruction Project. Suggested Disposition: Receive and File; Approve Change Salina St - MVFI Safina - Staff= Memo Memo Supplement #48 of the Code of Ordinances City Manager recommending adoption of Supplement #48 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement #48 to the City of Dubuque Code of Ordinances Suggested Disposition: Receive and File; Adopt Resolution Code - MVM Memo Code - SI~ff Memo Code Resolution 17. Senator Grassley Letter City Manager communication to Senator Grassley requesting his support of S. 88 regarding broadband access in rural and Iow income areas. Suggested Disposition: Receive and File; Approve Letter 18. Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Clark Retail #2354 RESOLUTION Granting issuance of a Class C Beer/Liquor License to The Clubhouse and Tony's Place RESOLUTION Granting issuance of a Class B Beer Permit to Kid's World Pizza/Fun Center; and Class C Beer Permit to Clark Retail #2354 Suggested Disposition: Receive and File; Adopt Resolutions 13 Cigarette Resolution Uquor Re~OILT~On Seer R~solutJon PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Property Acquisition and Litigation that is Imminent (Iowa Code Chapter 21-.5(1)(j)(0) Jeanne F. Schneider 1:00 p.m. February 15, 2001 14 roc[amation WHEREAS, on November 1, 1995 Tim Moerman joined the City of Dubuque workforce as the Assistant City Manager. During these 5+ years of employment Tim has been an extremely busy individual as he assisted the City Manager in a variety of ways. He has done much to gain the trust of individuals within and outside of City government and he has worked diligently with them and for them for the betterment of Dubuque; and WHEREAS, Tim has been a vital participant in many City concerns and projects: including Town Clock Plaza Study, Downtown Development Strategy Implementation; Third Street Parking, Riverfront Storage Tank Removal and Riverfront Property Acquisition, the Fourth Street Peninsula Master Planning, Community Gateways Project, Riprow Valley Park Development, Transit Innovation Zone and Rental Inspection Program; and WHEREAS, Tim has helped tremendously with internal committees of the City, such as: Telephony, Permit Tracking and Permit Consolidation, Health Care Committee, Citizen Inquiry Process, Board and Commission Orientation, City Expo, Internet Website and Telecommunications ROW, Management Team Conveners, Career Development Committee, several departmental review committees and departmental organizational analyses; and WHEREAS, he has lent his considerable talents to other focuses including: citizen problem solving, organization responsiveness follow-up; State and Federal legislative issues, Economic Development committee, budgeting process and staff interview teams; and WHEREAS, Tim and his wife Sherri are moving to Mason City, IA as he pursues his new position as City Administrator of that City. We wish them the best of luck. They will certainly be missed as they both contributed so very much to bettering the quality of life in Dubuque. NOW THEREFORE, 1, TERRANCE M. DUGGAN, MAYOR OF THE CITY OF DUBUQUE, IOWA DO HEREBY PROCLAIM THURSDAY, FEBRUARY 22, 2001 AS: "TIMOTHY MOERMAN DA Y" IN WITNESS THEREOF, I have hereunto set my hand and caused the Great Seal of the City of Dubuque, IA to be affixed this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk VACANCIES AND APPLICATIONS FOR CITY OF DUBUOUE BOARDS AND COMMISSIONS For Council Meeting of Monday, February 19, 2001 6:30 P.M. Public Libra~. Auditorium IAPPOINTMENTS TO THE FOLLOWING BOARDS AND ] .COMMISSIONS_TO.~_BE.MADE_THIS MEETING ............................. ,~ BUILDING CODE BOARD OF APPEALS I Three year term which will expire 8-1-03 (General Contractor) I Three yearterm which will expire 8-1-03 (At Large) 2 VACANCIES Chuck Carr, 1051 Barbaralee Dr. 52003 Richard G. Luchsinger, 345 S. Grandview 62003 COMMUNITY DEVELOPMENT ADVISORY COMMISSION I Three yearterm which will expire 2-15-04 (C. Tr. 10 - Term of S. Lynn Fangmann) 1 Three year term which will expire 2-15-04 (At Large- Term of Jim Giesen) 1 Three year term which will expire 2-15-04 (C. Tr. 3 - Vacant) I Unexpired Three year term which will expire 2-15-03 (C. Tr. 1 - Vacant, Was Daugherty) 4 Vacancies APPLICANTS: At Large: James E. Giesen, 1600 Lori Ct. Census Tract No. 1 Charles Isenhart, 1611 Main St. ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION 1 Unexpired 3 Year term which will expire 10-1-02 1 VACANCIES APPLICANT: Art Sunleaf, 1495 Wood St. DU BU(4'UJg CODE vided with adequate agrees, er which coastit~tte a five hazard, or are otherwise dangerous to human llfe are, for the purpose of this section, unsafe. Any use of buildings or ~truetures con- s~itvting a hazard to safety, health or public wolfe, re by reasvn of inadequate main~enm~ce, dHapidatiaa, obsolescence, ~e hazard, disaster, damage or abandonment is, for the purpose of th~s scatters, an unsafe use. Parapet walls, cor- ~ice~, spkes, towers, tanks, statuary and other appendage~ or structural members which are ~uppvr~ed by, at~aehed to, or a part of a bu~ld~ i~g and wig{ch are in deteriorated condition ur ethe-rwise unable t~ sustain the design lo:~ds which are specified in t~s code are hereby designated as un*afc building appendagem All such unsafe buildings, structures or ap- pendages are l~ereby declared to be pubBc nut- santas and shall be abated by repair, rehabil;[a- tiaa, demolition or removal in accordance with the procedures set forth ~ Article II of Chapter 11 of the Cede of Ordnances. Sec, 105, Section 105, "Beard of Appeals", is hereby amended by repealing such section and ~ep!acing sucix section with a new seetior~ in lieu thereof as follows: Sac. 105. Building Code nod Advisory Appr.'als (a) Beard Eetablished. In order to determine the suitability of alternative building materials and methods of building construction, to vide for reasonable ~rpretation of the provi- sio~s of the b~lding code, and ~ advise the city council on all building construction regulatian8 and procedures, there is hereby created the b'aHding cmo ad~sory and appeals Mar& (b) l~Iemberahip. The building cede advi.~ory and appeakq board shall consist of five ($) mem~ bees appointed by the city council. One (1) member shall ~ an architect or engineer regis- tered in tim Sta~ of Iowa, one (1) mem~r shall bo a general buiMing sons.action contractor, one (1) member shM1 be a journeyman ea*t*en- t~, and two (2) members shall be fi'om the public at large. (c) Term of Office, The term of office of all board members shall be for three (3) years, except that initial appointments of one (1) member shall be for a term of one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations, The board shall make such rules and prescribe such procedures as may be reasonably necessary for its opera- tiou, except that such rules shall include the following: (1) Board Clxairperson. The chairperson of the board shall be a member of the board elected annually by a majority of the board. (~) Secretary of the board. The building official, or designee, shall be secretary of the board. The secretary shall arrmkge for meetings and prepare and keep such minutes and records and perform such other clerical work as the board may direct. ($) Quorum. Three (3) members shall consti- tute a quormn. The concurring vote of three (3) members of the board shall be necessary to pass any motion. Service until appointment of successor. Upon completion of the term of office, members of the building code board shall continue to serve in their full capacity until their successor has been duly ap- pointed. (5) Meetings. The bufldlng code board shall meet upon call of the chairperson, secre- tary or city manager. Members of the building code board shall attend at least two-thirds of all scheduled meetings within a twelve-month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FOR Individuals serving on Boards and Commissions play an important role in advising the ~01 on ~e~ of inte~ to our communi~ and i~ ~ture. The Ci~ Cle~'s O~ce, Ci~ Hall, accep~ apphcat,ons for any B~rd an~or Commi~io~ny ~e, ~that application ~ active for one year from the date of r~eipt in the Clerk's O~ce. 0 At the appropriate r~ulariy sch~ul~ council meeting, appilca~ons will ~ submi~ to ~e Ci~ Council for a their review and applican~ are e~ou~g~ to addr~ the Council ~ting their re ~ns for wanting to se~e on · is pa~icu~r commi~ion. Applican~ will be advis~ when the application is being present~. Appointment(s) will be made at a later m~ting. Applican~ will ~ no~fi~ as to the outcome of the Council's action. If not appoint~ at that time, this application will continue to be r~bmi~, ~ n~, as long as the application is a~ive (units the appli~nt advises they are no longer inter~. DATE:/- / ~ ~ ~ / ADVISORY BOARD/CO~ISSION APPLYING FOR: ~o~ ~ ~ ~ ~; ~d;-~-~ ~ ~ .~/J BUSINESS: ~ ~.~ ~. ADDR~S: ' '' OCCUPATION: ~/~ ~ POSITION WITH COMPANY: ~/~ HoME PHONE:~/~ ~ ~'~ ~ BUSINESS PHONE:~ f~ ~PERIENcE, EDUCTION AND T~INING WHICH YOU FEEL QUA~I~ YOU FOR THIS BOARD/ WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE rEASON FOR APPLYING) /_~/>~t/,,/ ._.O/;~..~c._ ~ ~'~--~.,.~ ~-~:.~_..- ~...~'~,,~ LIST TWO REFERENCES: NAME://~r-"~/'~ Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: C/,c~ ~ / If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 Phone: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. SIGNATURE DUBUQUE CITY OF , IOWA BOARD/COMMISSION APPLICATION Individuals serving on Boards and Commissions play an important role in advising the Co.i~cil' on matters of interest to our community and its future. ~__ The City Clerk's Office, City Hall, accepts apphcations for any Board and/or Commission application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested)/~ ~ ~_~ ,~ DATE: ~ /~//OL ADVISORY BOARD/COMMISSION APPLYING FOR: B(.] I L~bi~(~-- ~.OD~ NAME:~'tO.~c~fi..~:14~,~ ADDREss: _~,R~. ~eea~:~,~u BUSINESS: ~ou/'a~ .eTeucT.~ (,~. ADDRESS: lt~ ~,~c~t.~ OCCUPATION: ~i'Z~:~.~t~.~a~POSITION WITH COMPANY: ~1:~>..~. HOME PHONE: .~t~ ~'~(z~. ~c9.~ BUSINESS PHONE: ~ EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: o WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON LIST TWO REFERENCES: N~aE: ~. ~-~.~,-~a~_ ADDRESS: LZ'~ ~'~L~ ,~tz~ NAME: ~_~.~ /~-~rau~, ADDRESS: ~ ~--~,~-~k~ 'J~ Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel Or Legal Staff. Are you currently serving on a City Board or Commission: If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 Phone: $89-4120; ALL NAMES WILL BE DR PPED M THE LIST AFTER A ONE YEAR PERIOD. SIGNATURE ~ COMMUNITY DEVELOPMENT § 1548 corporation counsel whenever it is determined that such waiver would be in the best public interest. (1976 Code, § 111/2-127) Sees. 15-38-15-45. (Reserved) ARTICLE IV. COMMUNITY DEVELOP. MENT ADVISORY COMMISSION Sec. 15-46. Created; Composition: There is hereby created a Community Devel- opment Advisory Co~mlssion whose primary purpose shall be to provide for citizen participa- tion in the development and evaluation of the City of Dubuque's Community Development Block Grant ("CDBG") program. The Commission shall consist of nine (9) members; five (5) of which shall be residents of one of each of the five (5) census tracts with the lowest median household income as determined by the U.S. Department of Commerce, Bureau of the Census; three (3) of which shall be resi- dents of the community at large; and one of which shall be a member of the Housing Com- mission designated by the Housing Commission. (Ord. 83-92, 11-2-1992; Ord. 88-95, §5, 12-18-1995, eff. 1-1-1996) Sec. 15-4~/. Application And Appointment Process: The process of appointment to the Comm~s- sion by the City Council shall include at least the following elements: (1) Submission of an application form con- taining the requested information on the qualifications and expectations of the applicant; and (2) Notice to and an opportunity for the general public to comment, in writing, on the qualifications of each applicant; and (3) A formal interview by the City Council to determine the applicant's qualifications and ability to serve effectively on the Commission. Individuals who, by their professional or personal experience or interest, are knowledge- able of the development needs of the community at large and of low and moderate income per- sons in particular shall be considered qualified to serve on the Commission, subject to City Council review and consideration of other appli- cable information. (Ord. 83-92, 11-2-1992) Sec. 15.48. Term; Filling Of Vacancies; Compensation: The term of office for a Commission member shall be three (3) years except as set forth be- low. The initial terms of the Commission shall be as follows: (1) For each of the five (5) residents of the five (5) census tracts with the lowest median household income as determined by the U.S. Department of Commerce, Bureau of the Census; one shall be ap- pointed for an initial term of one year, two (2) shall be appointed for an initial term of two (2) years; two (2) shall be appointed for an initial term of three (3) years. (2) For the three (3) community at large residents; one shall be appointed for an initial term of one year, one shall be appointed for an initial term of two (2) years, and one shall be appointed for an initial term of three (3) years. (3) For the one member of the Housing Com- mission designated by the Housing Com- mission, the initial term shall be one year. A Co~"~nission member may be removed at any time with or without cause by a vote of two- thirds (2/8) of all members of the City Council. Supp. No. 29 941 § 15-48 DUBUQUE CODE A vacancy occurring on the Commission caused by resignation or otherwise, shall be filled by appointment of the City Council for the remainder of the unexpired term. Members of the Commission shall serve with- out compensation except for actual expenses, which shall be subject to approval by the City Council. (Ord. 83-92, 11-2-1992) Sec. 15-49. Duties And Responsibilities; General: The Commission shall have the following duties and responsibilities: (1) To conduct public hearings in accordance with the minimum standards established in the CDBG program's citizen participa- tion plan to ensure meaningful citizen input in the planning, implementation and assessment of the City's CDBG pro- gram; (2) To provide for and encourage the partici- pation of low and moderate income per- sons who reside in designated ureas of slum and blight and residents of low and moderate income neighborhoods, as do. fined by the City Council, in the plan- ning, implementation and assessment of the CDBG program; (3) To identify community development needs, particularly the needs of persons of Iow and moderate income; (4) To serve in an advisory role upon the request of the City Council in policy decisions regarding funding priorities and program development and implemen- tation; (5) To monitor and evaluate program activi- ties to advise whether identified commu- nity development objectives have been met; (6) To undertake public information efforts to educate the citizenry of the avsilabili- ty of CDBG funded programs and to provide for a greater understanding of the City's community development ef- forts; and (7) To assist in the preparation of the state- ment of community development objec- tires and projected use of funds, amend- ments thereto and required reports in- cluding, but not limited to, the annual grantee performance report (GPR) and the annual comprehensive housing assis- tance strategy (CHAS); (8) To serve in an advisory role to the City Manager in the review of complaints and grievances received in accordance with the procedures established herein in Section 15-52; (9) To support, upon request, the efforts of the City Council and other City comm;s- sions in the assessment of the general development needs of the community. The City Council shall have the authority to establish or revise the priorities of the Cornmi.~. sion. (Ord. 83-92, 11-2-1992) Sec. 15-50. Duties And Responsibilities; Grievance Procedure; Review Standards; Appeal Process: The Commission shall participate in the fol* lowing described grievance procedure estab- lished by the City Council for the community development block grant program. (1) All complaints regarding the community development block grant (CDBG) pro- gram shall be handled in accordance with the following described grievance procedure. Any aggrieved person shall file a grievance with the City Manager. Grievances shall be filed in a timely manner and must be received by the City Manager within one year of the alleged occurrence. Supp. No. 29 942 CITY OF DUBUQUE, IOV~A~ .... LL~ BOARD/COMMISSION APPLICA~TJ~N FORM Individuals serving on Boards and Commissions play an important role i~. i~l~gl~ ~he on matters of interest to our community and its future. Dubuque~ The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that appiication stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). ADVISORY BOARD/COMMISSION APPLYING FOR: ~_~)/~/u'~/ BUSINESS'.~ ADDRESS: OCCUP A TION: Z ~ ~'~. - /~(O~qe~[' ~X c/ ~ POSITION WITH COMP ANY: HOME PHONe ~/~ ~ ,.~'?- (0-¢ i aUSINESS PHONE: OC EXPERIENCE, EDUCATION AND TRAINING WHICH YOU,FE~I~ QU .ALIFY ~'OU FOR TH~S BOARD/ OMM,SS,ON: me k0x' WHAT CONTRIBUTIO~S_OO ~OU FEEL YOU ~N ~K~ TO THIS_aDVISORY BOARD CDR STATE R~ON LIST TWO REFERENCES: NAME: ~ 0--i , , Specific attention should be directed to possible conflict of interest. For further clarificat~n~f a si~ati~ arises, contact the appropriate Staff personnel or Legal Staff. ~ ~ t-~;~.~ ~ ~= _~ Are you currently serving on a City Board or Commission: ~ ~> ~,. .~. ~s~lf questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 one: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. GNATURE ~ ~ CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FOI~ Individuals serving on Boards and Commissions play an important role in advising the Cot~hcjl on matters of interest to our community and its future. L~ ~= ~ ~ · ~* ;~ ~ The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at a~y tin~ and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will he advised when the application is being presented. Appointment(s) will be made at a late~ meeting. Applicants will he notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to he resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE, :z_~ /~._~ ,/ ~~~~- ~ ~ ADVISORY BOARD/COMMISSION APPLYING FOR: ~-~:'~/~'~' ;~ Name aODre : OCCUPATION: ~-~/~'~ POSITION WITH COMPANY: -- ~ HOME PHONe: ~ / ~ -~-~-~ -~ ~ ~ ~ aUSINESS PHone EXPERIENCE, EDUCATION AND TRAINING WHICH YOU/FEEL (~UA~FY YOU FOR THIS BOA~RD/ COMMISSION:. ~ ~-~ ~-~ ~-a ~ ~-~,~-,~-~-~- ~-~ WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE~R~....ON FOR APPLYING) ~r- ~.~ ~ ~v~ ~,~-~,- ~' ~ a~ ~/~ LIST ~0 RE~N~ S~fica~n~dir~lop~blec~i~ofi~e~ ~ ~hercla~fi~tion, ifasi~ti~ ~, con~ ~e ~p~ S~ff p~n~ or L~I A~ you cur~ntly se~ on a C~ Boa~ or Commi~ion: ~ -- ~~ ~ If qu~ions, co~ the Ci~ Cle~'s ~ce, ~ H~I, 13~ & C~L Dubuq~, IA 52~1 P~: 58M12~ N~ES WILL~E~PPED FROM ~E LI~AEi~R R ONE Y~R PERIOD. / ENVIRONMENT § 18.5-24 ARTICLE L IN GENERAL Secs. 18.5-1-18.5-20.(Reserved) ARTICLE II. ENVIRONMENTAL STEW- ARDSHIP ADVISORY COMMISSION Sec. 18.5-21. Created; Composition: There is hereby created an Environmental Stewardship Advisory Commission, which shall consist of seven (7) members, who shall all be residents of the City, and shall include a mem- ber representing those who will inherit the environment (a person between the ages of 16 and 20 at time of appointment), and six (6)' members who shall include representation from diverse sogment~ of the City's population. It is desirable to select some members who may have helpful backgrounds with environmen- talfoiologieal science, health care, busi- ness/industry, and environmental/civic groups. (Ord. 64-93, § 1, 12-6-1993; Ord. 93-95, § 1, 12-18-1995, off. 1-1-1996) Sec. 18.5-22, Application And Appoiat- ment Process: The appointment process to the Commisslon by the City Council shall include at least the following: (1) An application form requesting basic information on the education, trainieg, experience, expectations and other quali- fications of the applicant; (2) Notice to and an opportunity for the general public to comment in writing on the qualifications of each applicant; and (3) A formal interview by the City Council to determine the applicant's qualifications and ability to effectively serve on the Coramission. (Ord. 64-93, § 1, 12-6-1993) Sec. 18.5-23. Term; Term Limits; Filling Of Vacancies; Compensa- tion: The term of office for a member of the Com- mission, other than the youth representative, shall be three (3) years, or until a successor is duly appointed. However, two (2) of the initial terms shall be for a ~erm of one year; two (2) of the initial terms shall be for two (2) years; and two (2) of the initial terms shall be for three (3) years. The youth representative shall be for a term of one year, expiring on June I of the following year; the initial term shall expire June 1, 1994. A Commission member may be removed at anyklme with or without cause by a vote of two- thirds (z/a) of all members of the City Council. A vacancy on the Commission caused by res- ignation or otherwise shall be filled by appoint- ment by the City Council for the remainder of the unexpired term. Members of the Commission shall serve with- out compensation except for actual expenses, which shall be subject to approval by the City Council. The term of office of a member appointed after January 1, 1996, shall expire October 1. (Ord. 64-93, § 1, 12-6-1993; Ord. 93-95, § 2, 12-18-1995) Sec. 18J$-24. Duties: The duties of the Commission shall be as follows: (1) To develop, articulate and propose goals, objectives and policies for the steward- ship cf the City's environment and it's ecological systems for present and future generations. An initial report to City Council should be completed within a year and thenceforth periodically. It shall also include sections on the current condition of the City's natural environ- merits and on the progress being made in Supp. Nm 29 - 1197 § 18.5-24 DUBUQUE CODE (2) (3) (4) (5) achieving the City's environmental quali- ty goals. To advise and inform the City Council on environmental stewardship issues, in- cluding the implementation of and com- pliance with, legislation, regulations and policies. To hold public forums on specific issues at the direction of the City Council. To provide, upon request, to other boards, commissions and City depart- ments information for environmental educational programs, educational mate- rials, and environmental volunteer op- portunities. To provide input to the Long-Range Planning Advisory Commission regarding environmental stewardship issues in the Comprehensive Plan. (Ord. 64-93, § 1, 12-6-1993; Ord. 88-95, § 2, 12~18-1995) All meetings of the Commission shall be held in accordance with the provisions of the Iowa Open Meetings Law. The Commission shall file with the City Clerk a copy of the minutes of each meeting of the Commission within ten (10) working days after such meeting. (Ord. 64-93, § 1, 12-6-1993) Sec. 18.5-26. Procedures For Operation: All administrative, personnel, accounting, budgetary and procurement policies of the City shall govern the Commission in all its opera- tions. (Ord. 64-93, § 1, 12-6-1993 See. 18.5-25. Organization: The Co~mlssion shall choose annually, at its first meeting of the fiscal year, one of its mem- bets at act as chairperson, and another of its members to act as vice- chairperson, to perform all of the duties of the chairperson during the chairperson's absence or disability. The Com- mission shall adopt such rules and regulations governing its organization and procedures as it may deem necessary. The Commission shall meet as necessary to fulfill the purpose for which the Commission was created. Members of the Commission shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period. If any member fails to attend such prescribed number of meetings, such failure shall consti- tute grounds for the Commission to recommend to the City Council that said member be re- placed. Attendance of all members shall be entered on the minutes. _ Supp. No. 29 1198 [Tho nex~ page is 12231 CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION Indwiduals serwng on Boards and Commissions play an Emportant role in advising the C~u~l on matters of interest to our community and its future. The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will he advised when the application is bein§ presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as Ion§ as the application is active (unless the .a~plicant advises they are no longer interested). DATE: /////~/g) l ADVISORY BOARD/COMMISSION APPLYING FOR: F~Z,~=~ o~ ~ ~_ ~.~-,q/_ NAME:./~,~T~ ,~-~;~&~ ADDRESS: .,//-~,.~'- (_.,.2oo ~) ..~'7~, BUSINESS: ~/:L~ ~©~/~L_.~_ ADDRESS: ~ 12~{ ,/~L-~ OCCUPATION: ~Og/~r_,5: ~2~.,~'.,k3, POSITION WITH COMPANY: HOME PHONe O BUSINESS PHONe. ?/ O~1~1~; EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD,/ _-. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN ~KE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ~o~-c. Pc~r)~ ,.~_R,~/~Po~7-r4-y,.~7-70 ,,~z~z-. ~'~,,~,'~,~ ,~'~.,; NAME:/~/~_ ~ ,~'o~-t~..~So,~,.~ ~,~ ADDRESS: ~0~',~3 NAMe. ~1~.~ L,~b~ /b~ ADDRESS: Specific attention should be directed to posslbleconflict of i.d.s, est. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 589-4120; ALLr~A~$4A/ILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. SIGNATURE Planning Services Department 50 West 13th Street Dubuque, Iowa 520014864 Phone (319) 5894210 Fax (319) 589-4221 February 13, 2001 The Honorable Mayor and City Council Membem City of Dubuque City Hall- 50W. 13m Street Dubuque 7A 52001 RE: Rezoning Applicant: Location: William May 989 Langworthy Description: To rezone property from R-2 Two-Family Residential District to OS Office Service District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant, Bill May, 1370 Valentine Drive spoke in favor of the request, outlining his request to rezone the subject property to establish a dental office in the existing building or remove the building and construct a new structure. He stated he would provide Off-street parking at this location. Mr. May distributed letters of support from neighboring property owners and indicated he has talked to adjacent neighbors who had no objection to his proposal. Mr. May indicated he is working with an architect on the design of the building. Commissioner Schlitz stated that this is a logical expansion of the medical facilities in this area. There were no public comments. Chairperson Bird entered into the record the letters of support. Staff Member Kdtz reviewed the staff report discussing the surrounding land use including Mercy Hospital parking and a single-family home. He also reviewed allowed uses in the OS Off.ce Service district, noting that medical offices in this district are limited to 5,000 square feet. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and C'~y Council Members Page 2 Recommendation By a vote of 7 to 0, the Zoning Advisory Commiss'~n recommends that the City Council approve the request. A simple major'~y vote is needed for the City Coundl to approve the request. Respectfully submitted Zoning Advisory Commission Attachments City ef Ou0u~u~ Plannin9 Services DepaAmen Dubuqu~ IA $2001-486, Phone: 319-589-421( Fax: 31~o585-414~ Variance Corlditionet Use Permit Appeal Special ~xreption Limited Setback Waiver PLANNING APPLICATION FORM ~R'ez_o n lng P~nned District Preliminary Plat Minor Final Plat Text Amendment Simple Site Plan Minor Site Plan Major Site Plan Major Final Plat Simple S~bdivision Annexation 'Temporary Use Permit Certificate of Appropriateness Certificate of Economic Hardship Other:. PLEASE TYPE OR P~INT LEGIEIL~ iN INK P~pertyOwner(s): ~.,~') [~w'~ ~"'. ~'to~ . Fax Number: ~) ~ -~ - ¢ ~ a ~ Fax Number: ~ .~- ~ ~o~ Site i~fign/addmss: ~? Existing zoning: ~ ~ Proposed zoning: ~ S~te:~. Zip:.,., Mobl¢Ce u~r N~ber = ~0~/0¢ Phone: ~5¢¢~/ Ci~: ~ State: ~, , Z~p; ~2eo -- MobilefCellul~ Number: ~¢4- ¢/0~ ~ ~ Historic district: Landmark: Legal description (Sidwell Parcel iD number or bt num~edbiock number~subdivision): ...... Totalprope~(Iot)area(squaref~toracres):_~/qo ~ /$O Numberoflots,,~ De.dba propo~ and mason ne~ssaP~ (a~ch a labor of expJanatio~, if needed): ~gq ,~ O~ / CERTIFI~TION: Fwe, the undemigned, do hereby ce~i~ that: The information submi~ed herein is true and carrot ~ the best cf my/our k~wJ~ge and upon submi~aJ ~comes public record: 2. Fees are not refundab[e and payment does not 9uamnt~ approval; and 3, All additionaJ ~uired wri~en and g~aphic materiels are a~ached, Prope~ ~ner(s):. ~~~ Date: Applican~Agen, ~.~' ~ Date: FOR OFFICE USE ONLY -APPLICATION SUBMI~4L CHECKLIST ~ Prope~ owne~hJp list ~ Si~sketoh plan ~ Floor p~n a Plat ~ Oo~oeCuaJ dewiopment plan ~ Improvement plans o Design revi~ ~roje~ description o Photo a Other: _. ST ID R-3 Proposed area to be rezoned Zoning Boundary Applicant: William May Location: 989 Langworthy Description: To rezone property from R-2 Two-Family Residential Distdct to OS Office Service District. may.apr 11111011km REZONING STAFF REPORT Property Address: Property Owner: Applicant 989 Langworthy William F. May William F. May Zoning Agenda: February 7, 2001 Proposed Land Use: Existing Land Use: Adjacent Land Use: Former Zoning: Property History: developed. Office Residential North - Office East - Off-Street Parking South - Vacant West - Off-Street Parking Proposed Zoning: OS Existing Zoning: R-2 Adjacent Zoning: North - ID East- ID South - ID West- R-2 1934-Two-Family; 1975-R-3; 1985-R-2 Total Area: 21,000 s.f. The property has been used for residential purposes since it was Physical Characteristics: The subject property has frontage on Langworthy Street and is approximately a .5 acre in size. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not designate a use for this property. Impact of Request on: Utile: Existing utilities are adequate to serve the site. Traffic Patterns/Count: Langworthy is classified as a collector street and carries approximately 960 vehicle trips per day. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate storm water control is provided. Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent properties provided adequate screening of off-skeet parking spaces is provided and any outdoor lighting utilizes cut-off luminaries to limit the level of lighting in the area. CIP Investments: None proposed. REZONING STAFF REPORT Page 2 Staff Analysis: The applicant has requested rezoning of 989 Langworthy from R-2 Two-Family Residential to OS Office Service District. The applicant has indicated that the house would be remodeled or a new building constructed for use as a dental office. The OS Office Service districts limits medical and dental offices to a maximum of 5,000 square feet. Dental offices are required to provide .75 spaces for each employee on the maximum shift plus 3.5 spaces for each dentist. The subject property is approximately .5 acre in size which should provide sufficient room to do a small dental office building. Off-street parking will need to be provided on the lot to serve the proposed dentist office or any other use allowed by the OS Office Service District. The subject parcel is developed on three sides for off-street parking related to either Mercy Medical Center or the 3rd Street dental clinic. Immediately to the west, however, is another existing single-family home. Staff would note that if the rezoning is approved, and a dental office or any other type of office development occurs on the site, that lighting will be restricted to the use of 72 degree cut-off luminaries to limit the amount of light leaving the property. In addition, screening of the parking area from adjacent residential structures and the right-of-way will be required. Staff recommends that the Commission members review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. Prepared by: ~./x~//~/.~ Reviewed: ~./~ Date: DUBUQUE A member of Mercy Health Network C~TY OF DUBUQUE 250 Mercy Drive Dubuque, IA 52001 319.589,8000 February 5, 2001 Laura Carstens City Planner City of Dubuque City Hall Dubuque, IA 52001 Des La~a: We have been advised by Dr. William May that he has purchased the property at 989 Langworthy and is seeking to have it rezoned from residential to office service with the intent of placing a dental office in the current location of the existing residence. The purpose of this letter is to advise you that Mercy Medical Center does not oppose the request by Dr. May for the rezoning of this property. It is our understanding that any alterations to the property will be required to conform with current building and zoning ordinances. If you have any questions about this matter, please do not hesitate to contact me at 589- 8061 or Jim Schroeder at 589-9690. Sincerely, Russell M. Knight President/CEO RMK/ims cc: William F. May, DDS, PC Jim Schroeder February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seeking to have the property rezoned to O.S. (office service) with the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking your support for this rezoning. I ~~~t~Tj support the rezoning of the property 9~/4angworth~ ~om~(two family residential) to O.S. (office service). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seeking ~to have the property rezoned to O.S. (office service) with the intent of placing a dental office in the current location of the existing residence. ! will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building bye. L.~'~~ · garage ~nd u~e the remaining property to construct a parking lot. I am seeking your support for this rezoning. I ~/~/~ff~ support the rezoning of the property 989 la~h~vo'rthy from R2 (two family residential) to O.S. (office service). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seekingto have the property rezoned to O.S. (office service) with the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking your support for this rezoning. l~--f~f~- ~ ~ ~-~ s. uppo~ the rezoning of the property l~y from R2 (two famdy residential) to O.S, (office service). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seeking ~to have the property rezoned to O.S. (office service) with the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking your support for this rezoning. I /3'~///~~-~ support the rezoning of the property 9~/l~/g~rthy from R2 (two family residential) to O.S. (office service). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family- residential). I purchased the property from John Krieman on December 18, 2000. I am currently seeking~to have the property rezoned to O.S. (office service) With the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking your support for this rezoning. I {/~~oQ-~ s. uppo~ the rezoning of the Property 989 la~g~rth~rom R2 (two family residential) to O.S. (office service). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seeking to have the property rezoned to O.S. (office service) with the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking your support for this rezonlng. 989 l~ng~orthy fron~ R~ (two family residential) to O.S. (office sel~Vice). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seekingto have the property rezoned to O.S. (office service) With the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking~y~our support for this rezoning. I '~- snPport the rezouing of the property 989 langworthy from R2 (two family residential) to O.S. (office service). Respectfully submitted, William F. May, DDS., P.C. February 5, 2001 Attention Property Owner The property of 989 Langworthy is currently zoned R2 (two family residential). I purchased the property from John Krieman on December 18, 2000. I am currently seeking ~to have the property rezoned to O.S. (office service) With the intent of placing a dental office in the current location of the existing residence. I will do this by either remodeling the structure and/or adding to the back of the residence, or by removing the structure and placing a new building in its place. I Will provide adequate parking for the building by removing the existing garage and use the remaining property to construct a parking lot. I am seeking your support for this rezoning. I ~ ~ /L~ ,q ~ supportthe rezo-ning of'the property 9~iangW~ from R2 (two family residential) to O.S. (office service). Respectfully submitted, William F. May, DDS., P.C. Planning Services Depa~ent 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589~.210 Fax (319) 589-4221 February 13, 2001 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: City of Dubuque (tabled from the December 6, 2000 meeting) Location Highway 20 Corridor between Bluff Street and Cherokee Drive/Collins Street Description: To rezone property from R-1 Single-Family Residential District, R-2 Two- Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts to OS Office Service and POS Public Open Space Districts. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion At the Commission's December 6, 2000 meeting, Staff Member Kritz reviewed the Highway 20 Land Use Plan, and the rezoning request to implement this plan. He noted that much of the highway corridor was proposed for rezoning to POS. He said the property to be rezoned being owned by the Iowa Department of Transportation (1DOT). Commissioners requested more information on the property at the northwest corner of Bluff Street and Highway 20. They tabled the rezoning to allow staff time to gather the information. At the Commission's February 7, 2001 meeting, Staff Member Kritz outlined the rezoning request and the history of the property within the Dodge Street Corridor. He discussed the agreement between the Iowa Department of Transportation and the City of Dubuque regarding the property at the northwest corner of Dodge Street and Bluff Street. Service People Integrity Responsibility Innovation Teamwork The Honorable IVlayor and City Council Members Page 2 The Zoning Advisory Commission discussed the request, noting that traffic can be a problem at this location. The Commission discussed the proposed OS zoning for this property. Commissioner Schiltz stated that he feels the POS Distdct should be extended to include the entire Highway 20 Corridor from Devon Ddve east. Commissioner Hardie stated that there is plenty of POS area currently. Commissioner Stiles questioned traffic from the proposed OS property to Bluff Street and Highway 20. Commissioner Schiltz indicated he wants the City to retain POS zoning for the gateway into the City and for future highway expansion. There were no public comments. Recommendation By a vote of ~, to 3, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. RespecL'fully submitted Zoning Advisory Commission Attachments Prepared by: Laura Carstens. City Planner Address: City HalL 50 W. $.3th St Telephone: 589-4210 ORDINANCE NO. -01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG HIGHWAY 20 FROM BLUFF STREET WEST TO CHEROKEE DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL, R-2 TWO- FAMILY RESIDENTIAL, C-! NEIGHBORHOOD COMMERCIAL, OR OFFICE RESIDENTIAL, OS OFFICE SERVICE AND C-3 GENERAL COMMERCIAL DISTRICTS, TO OS OFFICE SERVICE AND POS PUBLIC OPEN SPACE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ~ OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commerdal, OR Office Residential, OS Office Service and C-3 General Commerdal Districts, to OS Office Service and POS Public Open Space Districts, as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, MayOr 3eanne F, Schneider, City Clerk City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4221 [] Variance [] Conditional Use Permit [] Appeal [3 Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM [] Re~oning r~ Planned District [] Preliminary Plat [] Minor Final Plat [3 Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [] Temporary Use Permit [] Certificate of Appropriateness [] Certificate of Economic Hardship [3 Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Iowa Department of Transeortafion. et al Phone:. Address: City: State: Zip:. Fax Number: Mobile/Cellular Number: Applicant/Agent: City of Dubuque Phone: (319')589-422'1 Address: 50 W, 13th SL City:. Dubuaue State: IA Zip: 52001 Fax Number. (319)589-4221 Mobile/Cellular Num her: Site location/address: U.,S. Hi~hwav 20/Dodge Street Corridor Existing zoning: See map Proposed zoning: See map Historic district: N/A Landmark: N/A Legal description (Sidwell Parcel ID number or lot number/block number/subdivision): See ExhDit Total property (lot) area (square feet or acres): N/A Number of tots: Describe proposal and reason necessary (attach a letter of explanation, if needed): Imetement U.S. Highway 20 Land Use Plan from Bluff' Street to Cherokee Drive/Collins Street as adooted on November 2. '1998. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submiffed herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required wdtlen and~rephic materials are attached. PropertyOwner(a): ~ I I ~ ~Jt~ Date: [] Properly ownership list [] Site/sketch plan [3~loor plan [] Plat D Conceptual development plan [3 Improvement plans [3 Design review project description [3 Photo [] Other:. 0 fi) REZONING STAFF REPORT Property Address: Property Owner: Applicant: Zoning Agenda: December 6, 2000 U.S. Highway 20 Iowa Department of Transportation City of Dubuque Proposed Land Use: Open Space/Office Proposed Zoning: POS/OS Existing Land Use: Vacant / U.S. Highway 20 Existing Zoning: R-1/R-2/C-1/OR/ OS/C-3 Adjacent Land Use: North - Residential/Commercial East- Commercial South - Residential/Commercial West - Commercial Adjacent Zoning: North - R-l/ OR/C-3/ID East - C-3 South -R-1/R-2/R-3 West- C-3 Property History: The corridor has been used for a variety of uses over the years, including residential, commercial and office. With the reconstruction of U.S. Highway 20 from Bluff Street to Devon Drive, many of the commercial and residential uses that were close to the highway have been removed. Physical Characteristics: The corridor starts at the intersection of U.S. Highway 20 and Bluff Street and heads west to a point near the intersection of Cherokee Drive and U.S. Highway 20. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not include this area as it was already developed. However, in November, 1998, the City Council approved the U.S. Highway 20 Land Use Plan that was developed by the Long Range Planning Advisory Commission with input from the public and the Iowa Department of Transportation. The requested rezoning is in compliance with that U.S. Highway 20 Land Use Plan. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: U.S. Highway 20 is designated as a principal arterial and carries over 27,000 vehicle trips per day. Public Services: Existing public services are adequate to serve the area. Environment: Staff does not anticipate any adverse impact to the environment. REZONING STAFF REPORT Page 2 Adjacent Properties: The request the rezoning is to reflect the current and potential develop along this corridor, and staff does not anticipate that it will adversely impact adjacent properties. CIP Investments: None proposed. StaffAnalysis: The City of Dubuque is requesting rezoning of U.S. Highway 20 corridor from Bluff Street westward to the intersection of Cherokee Drive. The majority of the area is being requested for rezoning to public open space with a small portion along the north side of U.S. Highway 20 west of Bluff Street to be rezoned to Office Service District. The property included in this rezoning is all owned by the Iowa Department of Transportation. The property was acquired as part of the reconstruction of U.S. Highway 20. The only portion anticipated to be sold back to private individuals is the property located west of Bluff Street that is proposed for rezoning to OS Office Service. Attached to this staff report is information sent to the City Council regarding the U.S. Highway 20 Land Use Plan. The plan was developed by the Long Range Planning Advisory Commission and included a public hearing and input from the Iowa Department of Transportation. The U.S. Highway 20 Land Use Plan was approved November 2, 1998. The proposed rezoning is in compliance with the adopted U.S. Highway 20 Land Use Plan. Staff recommends that the Zoning Advisory Commission review the attached information and make a recommendation to the City Council. Prepared by: ~ ~/~_,,~ Reviewed: Date:~c~ CITY OF DUBUQUE, IOWA MEMORANDUM 3anuary 30, 2001 TO: FROM: SUBJECT: Zoning Advisory Commission Kyle L Kritz, Associate ~noer Dodge Street Corridor Rezoning Request INTRODUCTION The Zoning Advisory Commission initially reviewed this~rezoning request by the City of Dubuque at the December 6, 2000 meeting. The commission tabled this item to allow staff to research the proposed re. zoning of the property west of Bluff Street on the north side of U.S. Highway 20 to OS Office Service District Spedfically, the Commission felt that the POS Public Open Space would be more appropriate in this area. Attach to this memorandum is a memorandum to the Long Range Plan Advisory Commission from Laura Carstens Planning Service Manager dated September 11, 1998. That memo outlines the discussion the City of Dubuque has had with the IDOT concerning in part the area proposed for rezoning OS Office Service. The memo indicates that the Ob/and the State cooperated in the cost of accluidng and clearing the property at the northwest comer of Dodge Street and Bluff Street. A part of this agreement is that when the property is sold, either all or in part, that the net proceeds will be shared with the C~y on a 50% bases. The IDOT position is that the subject property, except for the additional acceleration lane from Bluff Street, is virtually the same in terms of developable area as existed prior to the demolition of Hardee's and the Dodge House Motel. The Long Range Plan Advisory Commission initially had proposed rezoning to a Public Open Space designation for the subject parcel. However, after discussing the issue with IDOT representatives and reviewing the information regarding the acquisition of the subject properties the Long Range Plan Advisory Commission believed that the OS Office Service District was the appropriate zoning classifi~Lion for this property. .lanuary 30, 200:t Page 2 RECOMMENDA'~ON Staff recommend that the Zoning Advisory Commission review the attached information including the letter dated September 11, 1998 that outlines the reasons behind the proposed rezoning of the parcel at the northwest comer of Bluff Street and Dodge KLK/mkr Attachments CITY OF DUBUQUE, IOWA MEMORANDUM September 11, 1998 TO: FROM: SUBJECT: Long Range Planning Advisory Commission Laura Carstens, Planning Services Manager~~---~ Reconsideration of Highway 20 Land Use Plan INTRODUCTION The purpose of this memo is to provide the Commission with input I have received from staff of the Iowa Department of Transportation (IDOT) regarding the Highway 20 land use plan. Additional information will be provided by IDOT staff at the September 16 meeting. BACKGROUND At the July 29 meeting, the Commission recommended most of IDOT's properties within the Highway 20 study corridor be used as open space and rezoned to POS Public Open Space. The Commission's recommendations are shown on the attached maps. In response to public input received at the July 29 public hearing, the Commission recommended that a triangular pamel south of Highway 20 along St. Joseph Drive be added to the study area with land use and zoning to be based on whether the lot was buildable or not. The lot is included in the Highway 20 landscape plan. Planning Services staff have determined that the parcel is buildable, so the recommended land use and zoning is R-1 Single-Family Residential. A map of this~ parcel is attached. At the August 19 meeting, I asked the Commission to reconsider the Highway 20 land use plan due to input received from the City's legal staff. The portion of the study corridor in question is the recently-cleared land at the northwest corner of Dodge Street and Bluff Street. This site is zoned C~3 General Commercial, and may have significant value. If rezoned to POS, there would no longer be any Reconsideration of Highway 20 Land Use Plan Page 2 economically viable use for this site. Such an action would be tantamount to a taking of the property without just compensation. If the City had to buy this site, it would be at considerable expense, and would delay or cancel other City projects. At the August 19 meeting, the Commission voted to reconsider the Highway 20 land use plan. The Commission tabled the plan to the September 16 meeting, to receive input from IDOT. The Commission asked to review with IDOT staff the purchase price and resale value set by the IDOT for the property at the northwest corner of Dodge Street and Bluff Street. The Commission asked to discuss what IDOT's position would be if the property was rezoned to POS. The Commission also asked to discuss what IDOT's position would be if just the portion that abuts Highway 20 (not Bluff Street) was rezoned to POS, since this property is a significant gateway to the community. DISCUSSION On September 1 O, I met with Doug Bates and Sue Albright from the IDOT's Office of Right-of-Way to discuss the Commission's questions and the Highway 20 land use plan. Mr. Bates said the IDOT is still in district court regarding the purchase price for the property at the northwest corner of Dodge Street and Bluff Street. Consequently, he did not have a purchase cost or resale value for the site at this time. Mr. Bates reviewed with me the attached minutes from the October 3, 1996 meeting of the Dubuque Metropolitan Area Transportation Study (DMATS) Policy Committee, and the resultant agreement between the City and IDOT (excerpts attached). The DMATS Policy Committee agreed to reserve 91.75 million for use as the City's contribution to the cost of acquiring and clearing the properties at the northwest corner of Dodge Street and Bluff Street. The City's share of the cost is on a 50/50 basis up to 91.75 million, for the estimated 93.5 million total cost. If the IDOT sells all or part of the properties, the n~t proceeds will be shared with the City on a 50% basis. Mr. Bates and Ms. Albright also reviewed Section 306.23 Notice--preference of sale, of the Iowa Code (attached). They explained that IDOT cannot sell the properties to the City for a park or any other use up front. The IDOT must follow the Section 306.23 process. IDOT first must offer the original property owner the opportunity to buy the land back. The value is based on a survey and an appraisal of the property. If the former owner declines, then IDOT can offer the property to the City for a public use stated in writing. If the City is not interested, then IDOT Reconsideration of Highway 20 Land Use Plan Page 3 can sell the land through public bidding. I reviewed with IDOT staff the Commission's reasons for recommending POS zoning and open space land use for the northwest corner of Dodge Street and Bluff Street. Mr. Bates indicated that the buildable area will be virtually the same as before the buildings were removed, because the IDOT is not using any additional land for highway right-of-way except for the acceleration lane. He felt that the site may be of value because it has highway frontage. He used as an example the site of the Casey's General Store headquarters in Ankei3y off Highway 30. This site is half a mile from the highway.access, but has a high market value due to its exposure to high traffic volumes on Highway 30. He felt that there may be businesses interested in the visibility of the site in Dubuque, who do not need direct highway access. In addition to the Bluff Street site, Mr. Bates and Ms. Albright discussed a parcel at the northwest corner of Lombard Street and Highway 20 near the Fremont Bridge. This lot will have access to Lombard Street and is a buildable lot. This lot is included in the Highway 20 landscape plan. RECOMMENDATION The IDOT staff supported the Commission's recommended land uses and rezonings for the Highway 20 corridor, with the exception of their properties at the northwest corner of Dodge Street and Bluff Street and the northwest corner of Lombard Street and Highway 20. The IDOT staff asked that the Commission re-examine their open space and POS recommendations for these two buildable sites. They asked the Commission to consider using the same parameters for these two sites as they did for other buildable sites in the study corridor. I recommend that the Commission discuss if other land uses and zoning designations for these properties are more appropriate than POS and public open space, based on input from the City's legal staff and IDOT staff. The site on Lombard Street is zoned R:I Single-Family Residential; this zoning ~'- seems appropriate at this location. The site at Dodge and Bluff Streets is zoned C-3 General Commercial District. With the reduced access to this gateway site, and its proximity to residential and office zones, C-3 zoning is not likely to be feasible for most C-3 uses at this location. One possible zoning district that may be appropriate for this site is the OS Office Service District. The OS District is intended for developable or redevelopable sites like this one. The OS zone allows a variety of office and health-care related uses. Its minimal setbacks would allow for more flexible development on the site. The regulations for the C-3 and OS Districts are at~ached for your consideration. Reconsideration of Highway 20 Land Use Plan Page 4 AC~ON STEP The requested action step is for the Commission to consider the input from the City's Legal staff and IDOT staff regarding the Highway 20 land use plan, and then to recommend land uses and zoning designations to the City Council for the study corridor. Attachments LC/dd HIGHWAY 20 LAND USE PLAN A%-andtJse~and-Rezt~rrin-g-Guide for Public and Private Property along the Highway 20 Corridor Dodge Street from Bluff Street to Cherokee Drive/Collins Street City of Dubuque, Iowa The preparation of this Plan was authorized by the City Council, and has been carried out through the direction and efforts of the Long Range Planning Advisory Commission from May through September, 1998. HIGHWAY 20 LAND USE PLAN Table of Contents Introduction Backqround Existing Conditions Findin,g~ Future Land Use Proposed Zoninq Conclusion Maps Highway 20/Dodge Street Corridor Existing Land Use Existing Zoning Future Land Use Proposed Zoning Page 3 Page 4 Page 3 Page 4 Page 5 Page 6 Page 7 · Page 7 Highway 20 Land Use Plan Page 3 INTRODUCTION In May, 1998, the City Council directed the Long Range Planning Advisory Commission to conduct a land use planning process for the Highway 20 corridor (Dodge Street) between Bluff Street and Cherokee Drive/Collins Street. The study corridor shown on the attached map encompasses the highway right-of-way owned by the Iowa Department of Transportation (IDOT}, as well as remnant parcels owned by the IDOT and private parties.. Attachments include additional information and larger-scale maps regarding the existing zoning and land uses as well as the recommended land uses and rezonings for the Highway 20 study. BACKGROUND Highway 20 is a major interstate arterial and the section through Dubuque -- Dodge Street -- is the major east-west route from the Mississippi River to the top of the bluffs past Grandview Avenue. Highway 20 is used for trips between the Mississippi River crossings, the central business district, and the industrial-railroad area along the river to major residential and commercial areas west of the bluffs. There are few east-west routes that cross the bluffs, so Dodge Street is one of the more important and heavily traveled routes in Dubuque. With construction of the Dodge Street improvements, many homes and businesses were removed. Land use within the corridor has changed. Zoning district boundaries, however, follow the old rights-of-way and development patterns. Remnant parcels remain as a result of the roadway improvements. A land use plan for the Highway 20 corridor would address Comprehensive Plan goals related to enhancement of community gateways, development of aesthetically appealing highways, and protection of scenic areas and bluffs. Similar to the planning done for Freeway 61/151, a land use planning process for the Highway 20 corridor can be used as a basis to recommend possible rezonings to districts that are more compatible with the current roadway configuration. The City Council also has approved a landscape plan for Highway 20 to improve the appearance of the corridor. A bike/hike path along Dodge Street (Highway 20) from Locust Street to Devon Drive is shown on the Comprehensive Plan systems map. The Highway 20 landscape plan could accommodate the widening of the existing four-foot sidewalk to create a ten-foot bike/hike trail. EXISTING CONDITIONS The Highway 20 (Dodge Street) study corridor is lined with tree-covered bluffs. Limited commercial development remains after the construction of the highway improvements. Surrounding land uses include residential neighborhoods, open space (wooded bluffs, golf courses), institutional facilities (hospitals, schools, YMCA/YWCA, church), and commercial uses (motel, offices). Highway 20 Land Use Plan Page 4 Current zoning in the Highway 20 study corridor includes R-1 Single-Family Residential, R-2 Two-Family Residential, OR Office Residential, OS Office/Service, C-1 Neighborhood Commercial, C-3 General Commercial and ID Institutional. Adjacent zoning in the environs of the study corddor consists of R-1 Single-Family Residential, R-2 Two-Family Residential, R-3 Moderate Density Multi-Family Residential, PR Planned Residential, OR Office Residential, C-3 General Commercial, PC Planned Commercial, ID Institutional and POS Public Open Space. Property owners in the study corridor and the current zoning of their properties are as fo/lows: ' Iowa Department of Transportation City of Dubuque YMCA/YWCA Mercy Health Center Charlene Burns, 48Bums R-l, R-2, OR, OS, C-1, C-3 R-2 OR ID R-2 FINDINGS The Highway 20 Land Use Plan considers the physical constraints and opportunities, development history, property ownership, current land use and current zoning in the Highway 20 study corridor. The Plan also considers input from the general public and the IDOT, and capital improvement plans of the City of Dubuque. An analysis of the Highway 20 study corridor suggests the following general findings: Highway 20 study corridor. Unless identified otherwise, the Highway 20 study corridor should remain as open space, and should be zoned accordingly. Small remnant parcels along Highway 20. If the lot is buildable and accessible to a public street other than Highway 20, then the parcel should be used for development and zoned appropriately. If the lot is not buildable or accessible, then the parcel should be used for public open space, zoned accordingly and included in the Highway 20 landscape plan. Area north of YM/YW Drive. Although this area has a potential for Iow density residential, multi-family residential or neighborhood commercial land use due to access to local streets and visibility from Highway 20, this area generally should be used for Iow density residential development due to the proximity of th.e. established one- and two-family residential neighborhood to the north. Vacant commercial site at the northwest comer of Bluff Street and Highway 20. The site, comprised of multiple parcels, is a significant gateway to the community. The City, IDOT and the Dubuque Metropolitan Area Transportation Study (DMATS) Policy Committee partnered in the acquisition and clearance of this site, where a motel, restaurants, gas station and other businesses once Highway 20 Land Use Plan Page 5 operated. These uses were removed along with their access to Highway 20. Redevelopment of this large site is limited by the area's proximity to Central Alternative High School, possible environmental problems, right-in/right-out only access limited to Bluff Street, lengthening of the acceleration lane, and narrow tots given the bluff and a possible access/frontage road. Although zoned for commercial development, this area is not likely to be feasible for most highway- oriented commercial uses. The site may be valuable to uses that desire a high exposure to traffic for visibility, but do not need direct access. If redevelopment potential is severely limited, the site may be most appropriate as a park. Disposal of remnant parcels by IDOT. The IDOT no longer can sell remnant parcels to the City for a park, a parking lot or any other use. The IDOT first must offer the original property owner the opportunity to buy the land back. If the former owner declines, then the IDOT can offer the properly to the City for a public use stated in writing. If the City is not interested, then the IDOT can sell the tand through public bidding. FUTURE LAND USE Based on an analysis of existing conditions, redevelopment potential, Comprehensive Plan goals, and input received, the recommended future land use for the Highway 20 study corridor is as follows: Highway 20 study corridor. Unless identified otherwise, the Highway 20 study corridor should remain as open space. Small remnant parcels along Highway 20. The triangular remnant parcel south of Highway 20 on St. Joseph Drive and the triangular remnant parcel north of Highway 20 on Lombard Street now included in the Highway 20 landscape plan should be used for single-family residential development because they both are buildable lots. Area north of YM/YWDrive. The remnant parceis on the north side of YM/YW Drive generally should be Iow density residential development. Vacant commercial site at the northwest comer of Bluff Street and Highway 20. The vacant commercial area at the northwest corner of Highway 20 and Bluff_ Street should be redeveloped with offices or as a park. The remnant parcels at this site are zoned for commercial development. With reduced access to this gateway site, and its proximity to residential and office zones, most commercial uses are not likely to be feasible at this location. Two future land use alternatives are proposed for this site: Highway ;ZO Land Use Plan Page 6 Off. ice -Type Uses. The site may be desirable to office-type uses that want traffic visibility, but do not need direct access. Park/Open Space. If redevelopment potential is severely limited, the site may be most appropriate as a park. PROPOSED ZONING Based on the recommended future land use, the proposed zonincl for the Highway 20 · - study corridor' is as follows: Highway 20 study corridor. Unless identified otherwise, the Highway 20 study corridor should be rezoned to POS Public Open Space, The intent and purpose of the POS district is to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations (such as bluffs), to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. Where appropriate, the POS zoning should extend beyond the boundary of the Highway 20 study corridor to avoid spot zones. . Small remnant parcels along Highway 20. The triangular remnant pamel south of Highway 2.0 on St. Joseph Drive and the triangular remnant parcel north of Highway 20 on Lombard Street should remain zoned R-1 Single-Family Residential. Area north of YM/YW Drive. The remnant parcels north of YM/YW Drive between Hill Street and Booth Street should be rezoned as an extension of the R-2 Two-Family Residential and R-1 Single-Family Residential zones to the north, with the exception of the area presently zoned OR Office Residential on the northeast comer of Booth Street and YM/YW Drive. Presently, the remnant parcels north of YM/YW Drive are zoned C-1Neighborhood Commercial, OR Office Residential and C-3 General Commercial. Both the C-1 and OR zones are designed for built environments, and do not function well for redevelopment of vacant lots. C~3 is not appropriate on a local street adjacent to an established residential area. Vacant commercial sfte at the northwest comer of Bluff Street and Highway 2~' The remnant parcels at the northwest comer of Bluff Street and Highway 20 are zoned C-3 General Commercial. With limitations on access and redevelopment potential, and proximity to residential and office zones, C-3 zoning is not likely to be feasible for most C-3 uses at this location. The site may be valuable to office-type uses that desire a high exposure to traffic for visibility, but do not need direct access. If redevelopment potential is severely limited, the site may Highway 20 Land Use Plan Page 7 be most appropriate as a park. Two rezoning alternatives are proposed for this site, based on the two recommended land uses: OS Office/Service District. The OS District is intended to encourage and permit professional office uses on a redevelopment site which warrants reinvestment, renewal and reuse due to an area's changing character, use or distressed condition. This zone may be used as a transition between commercial areas along major streets, or between commercial uses and residential areas abutting 'arterial or collector streets, which are suitable for office development due to location and trends. The OS District is intended for developable or redevelopable sites like this one. The OS zone allows a variety of office and health-related uses. Its setbacks would allow for more flexible development on the site. POS Public Open Space District. The POS Public Open Space District is intended to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations (such as bluffs), to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. Parks and natural areas are permitted uses. CONCLUSION The Highway 20 Land Use Plan is intended to address goals in the Comprehensive Plan related to enhancement of community gateways, development of aesthetically appealing highways, and protection of scenic areas and bluffs. The land use planning process for the Highway 20 corridor has been used as a basis to propose rezonings that are more compatible with the current roadway configuration. With construction of the Dodge Street improvements, land use within the corridor has changed. Zoning district boundaries, however, follow the old rights-of-way and development patterns. The recommendations presented in the Highway 20 Land Use Plan are intended to be a land use and rezoning guide for public and private property along the Highway 20 corridor from Bluff Street to Cherokee Drive/Collins Street. Implementation of these recommendations would require maintaining the existing zoning on some parcels in the. study corridor, and rezoning the remainder of the corridor. The recommendations are intended to ensure that future land use is compatible with surrounding residential neighborhoods, open space, institutional facilities, and commercial uses. I~APS The appended maps include the Highway 20/Dodge Street corridor, existing land use, existing zoning, future land use and proposed zoning. Planning Services Department 50 West 13th Street Dubuque, Iowa 520014864 Phone (319) 589-4210 Fax (319) 589-4221 February 13, 2001 The Honorable Mayor and City Council Membem City of Dubuque City Hall- 50W. 13~Street Dubuque IA 52001 RE: Text Amendment Applicant: Lamar Advertising Description: To amend Section 4-3.11 of the Zoning Ordinance to increase minimum spadng of off-premise signage. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review, Discussion Chairperson Bird excused himself from the discussion, as his sign company owns off- premise signs. Vice Chairperson Schlitz conducted the public hearing. The applicant 3im $chumacher, Lamar Advertising, reviewed the reasons for his request to increase the minimum spacing between off-premise signage. He reviewed changes in the outdoor advertising industry that have created problems in communities. Mr. Schumacher also indicated that the proposed language is not intended to limit competition, but to ensure adequate sparing to allow customers' messages to be seen and protect community character. He said that Lamar Advertising is trying to be proactive, not reactive. Staff Member Hemenway reviewed the staff memorandum and noted the total number of billboards, the number of current non-conforming billboards, and the increase in the number of non-conforming billboards if the ordinance change is approved. Hemenway reviewed spacing requirements imposed by other communities in Iowa. Chris Iverson, Lamar Advertising, spoke in support of the text amendment, noting that the current spacing of 100 feet is among the lowest in Iowa. Mr. Iverson reviewed the impact of an out-of-town sign company on the City of Davenport. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 3im Gantz, PreSident of Lime Rock Spring, which does business as Pepsi Cola, stated that he will be losing a billboard as part of the Dubuque County jail expansion. He said that sparing is only one requirement necessary for finding a space for a billboard. He indicated that he is opposed to the text amendment. He said he believes the change will limit competition. The Commission received a letter of support for the text amendment from John Van Duyn, Days Inn/Dubuque Inn, and a letter from Bressler Outdoor Advertising listing concerns with the text amendment for their existing signs. The Zoning Advisory Commission discussed the request, with Commissioner Schlitz noting that he feels the existing regulations have been adequate and that they are self- polidng. Commissioner Nagle stated that while 100 feet may be inadequate, 750 feet is too excessive. Commissioner Stiles stated that he believes there are areas out on the west side of town that would benefit from greater spacing between billboards, but is not set on 750 feet. Commissioner Hardie stated that the market has changed. He feels that 750 feet is not an unreasonable sparing. He said the 750 square foot requirement still will allow for adequate growth for the billboard industry and he believes the request is reasonable. Commissioner Smith expressed concern for the independents who may be adversely impacted by the proposed text amendment. Recommendation By a vote of 4 to 2 with one abstention by Chairperson Bird, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Coundl to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Prepared by: Laum Carstens, City Planner Addr"~;ss: 50 W. 13th SL~ City Hall Telephone: 589-4210 ORDINANCE NO. -01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OFORDINANCES BY REPEALING SECTION 4- 3.11 SCHEDULE OF SIGN REGULATIONS FOR OFF-PREMISE SIGNS AND ADOPTING A NEW SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE OFF-PREMISE SIGNS IN LIEU THEREOF, PERTAINING TO INCREASING THE SPACING BETWEEN OFF-PREMIMSE SIGNS FROM 100 FEET TO 750 FEET. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 4-3.11 Schedule of Sign Regulations for Off-Premise Signs and adopting the following new Section 4-3.11 Schedule of Sign Regulations for off-premise signs in lieu thereof, pertaining to increasing the spacing between off-premise signs from 100 feet to 750 feet. Section 2. AppendixA (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amended Section 4-3.10 Sign Calculations by adding Section 4-3.10(K)[10] pertaining to spacing measurement for off-premise signs as shown in Exhibit 2. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2001. A~est: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ' EXHIBIT 2 4-3. IO(K]{IO] I I I I ! Right of Way Spa~ing Heasurement J ! Street or Highway Right of Way Spacing Measurement Street or Highway Right of Way ,, City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 o Variance [] Conditional Use Permit [] Appeal a Special Exception m Limited Setback Waiver PLANNING APPLICATION FORM [] Rezoning [] Planned Distdct [] Preliminary Plat [] Minor Final Plat ~ Text Amendment r~ Simple Site Plan [] Minor Site Plan [] Major Site Plan B Major Final Plat [] Simple Subdivision [] Annexation ~] Temporary Use Permit [] Certificate of Appropriateness [] Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Lamar Advertising Co. Address: I690 Elm Street Fax Number: 319-556-8648 Phone:319-556-414i City: Dubuque State: IA Zip:_52001 Mobile/Cellular N u tuber: 319-590-4006 Applicant/Agent: Jim Schumacher Phone: Address: City: State: Zip: __ Fax Number: Mobile/Cellular Number: -- ~ Site location/address: Existing zoning: Proposed zoning:. Historic district: Legal description (Sidwell Parcel ID number or lot numbedblock number/subdivision): Landmark: Total property (lot) area (square feet or acres): Number of lots: Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Off-Prez]d_se sign language pertaining to spacing between signs to preserve community character, and insure logical growth through-out city. (See attached recommended language) CERTIFICATION: IAYe, the undersigned, do hereby certify that: becomes public record; Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. Property Owner(s): Lamar Advertising Co. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal Date:12-22-00 Date: i-~-ol "'FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST " ¢ ~ Docket: Fee: ~L'~O, ~ Received by: _~ .~,AA~2J'~,~--~! Date: ? O [] Property ownership list ,~/~/-$ketch plan [] Floor plan [3 Plat [] Conceptual development plan ~1 h~provemen[ plans cJ Design review project description ~ Photo ?{.Other: ~/-J Text amendment request for City of Dubuque Ordinance 4-3.11 pertaining to spacing between Off-premise sign stmctares. Suggested language as follows: The minimum spacing between any two- (2) off-premise sign structures, which are located on either side of an FAP Highway route or City Street will be no less than 750 feet. A lineal measurement will apply to determine required distance, and is taken fi:om the nearest point of each structure. CITY OF DUBUQUE, IOWA MEMORANDUM 3anuary 31, 2001 TO: FROM: SUB3ECT: Zoning Advisory Commission Guy Hemenway, Assistant Planner~ Text Amendment to Increase Minimum Spacing of Off-Premise Signs (billboards) from 100 feet to 750 feet INTRODUCTION The proposed text amendment will increase the minimum sepa~tion of off-premise signs (billboards) from 100 feet to 750 feet. The amendment was submitted by Lamar Advertising, Inc. BACKGROUND The 1985 City of Dubuque Zoning Ordinance implemented 100 foot spadng requirements for off-premise signs, and this requirement was not altered after the comprehensive revision to the sign section of the Zoning Ordinance in 1990. Tn 1999, Planning Services staff surveyed nine cities in Iowa to determine typical sign separation requirements in these communities. Sign separation vaded from a Iow of 200 feet in Clinton and Sioux City, to a high of 1,500 feet in West Des Moines and Davenport. The average for all titles in the state of Iowa at the time of the survey was approximately 600 feet. DISCUSSION The applicant has asked to amend language in the Zoning Ordinance that requires a minimum of 100 feet of separation, in one direction, between billboards. The proposed language states: "The minimum spacing between any two off-premise sign structures, which are located on either side of a highway or city street and oriented toward said highway(s) or stTeet(s), will be no less than 750 feet. A lineal measurement perpendicular to the centerline of roadway will apply to determine required distance, and is taken from the nearest point of each structure." The applicant has included a diagram illustrating the proposed language attached as Exhibit 1. Currently, Section 4-3.11 of the City of Dubuque Zoning Ordinance requires that in C-3, C-4, CS, CR, LZ, MHI and HI zoning districts, off-premise signs be separated 100 feet from each other in the same direction. This means that signs fadng a roadway in the same direction are required to be separated a minimum of 100 feet. Off-premise signs in a C-2 district require that a conditional use permit first be approved by the Zoning Board of Adjustment. The proposed text amendment would not affect off-premise signage in the C-2 district. Dubuque County Court House records indicate that there are 82 billboards within the corporate limits of City of Dubuque. The applicant, Lamar Advertising, Inc., owns 69 of these. Planning Services staff research indicates that of these billboards, 20 are currently non-conforming because of their location, spacing, size or other factors. Zf the amended language were approved, the number of billboards that are non- conforming would increase by 43 to 63. Non-conforming billboards can be rebuilt if: 1) they are rebuilt in such a manner as to reduce the non-conformity; or 2) they are destroyed or damaged to an extent that is less than 75% of their replacement value. The minimum spacing requirement of 750 requested by the applicant appears to be consistent with spacing required by several other communities within the state of Iowa. Spacing requirements have been added to municipal ordinances, and increased throughout the years, in an effort to: 1) limit the visual clutter that is associated with multiple billboards in a small location; 2) preserve community character; and 3) protect scenic vistas and histodc districts, often associated with communities whose economies are partially dependent on toudsm. RECOHlUlENDATION Staff= recommends that the Commission review the information provided. GH/mkr Enclosure February5,2001 Best Western Dubuque Inn CFTY O~ D~BUQUE FEB 0 ~ 2001 PlanningandZoningCommission City ofDubuque CityHall Dubuque, Iowa 52001 RE: BILLBOARD REGULATIONS I understand that the Commission will be discussing the issue of billboards at your next meeting. Billboard advertising is very important to our hotel industry. Our national chains all support the importance of maximizing the use of billboards as the most favorable approach to directing clients to the different brands offered in this industry. Even though billboards are an important part of our marketing plans for our properties, the proliferation of recent billboard additions is very disturbing to me. Our city boosts many great attractions, one being the natural beauty of the area. Too many billboards will only pollute the visual esthetics of Dubuque. I ask you to seriously consider changing the ordinance so that billboards are placed at least 750 feet from each other. The current 100 feet is contributing to the destruction of a community known for its natural beauty, which is a great appeal to all of our visitors. Sincerely, John R. Van Duyn CEO Best Western Dubuque Inn/Days 3&34 Dodge Dubuque, Iowa 52003 (31g) 556-7760 Fax (319) 556-4003 Sent by: BRESSLER OUT[IOOR ADVERTISING LLC4O7 622 1045; 02/07/01 18:39; ]etFez #308;Page 213 February 7, 2001 VIA FACSIMILE TRANSMISSION ONLY Zoning Advisory Commi~ion Cily of Dubuque 50 West 13L~ Street Dubuque, Iowa 52001 RE: Public Hearing on Proposed Zoning Change Proposal to amend Section 4-3.11 of Zoning Ordinance Dc~r ~qir/Madatl~: Bres,qler Outdoor Advertising has several sign structures within the City of Dubuque. We, therefore, have an interest in thc proposed amendment to the Zoning Ordinance. Bressler Outdoor acknowledges a City's right to regulate outdoor advertising structures within the City. However, BressIer OuMoor ia primarily concerned with the application of this amendment to existing structures or pending permit applications lbr building permits. It is Bressler Outdoor's belief that the proposed amendment, increasing the spacing between two sign structures to 750 feet, should not be applied to existing structures which were lawfully permitted and erected, and that any existing Structure which does not meet the new spacing requirements would be deemed a noo-conforming strocture and permitted to exist in its current state. To apply the revised ordinance to existing sign structures, which would in tom cause the removal of the sign structures, would ere, ate an inverse condemnation action against tbe City for the wrongful taking ofprivam property without the payment of just compensation_ Accordingly, BreSSler Outdoor believe~ that the City should ensure that any newly adopted ordinance is not applied retroactively to existing structures. Furthermore, Bressler Outdoor beliex~es that any newly adopted spacing reqaircmcnt should not be applied to any permit application which may still be pending with thc City but was filed prior to the adoption of the moratorium. If an application for a building permit was filed with the C/fy prior to the adoption of the moratorium and if the application has been pending at file City for masons beyond the control of the applicant, the applicant has incurred a vested right in the application of the law that existed at the time orapplication. A business's right ua rely upon ~e law that existed at the time of application and tn expend a significant amount of time and money furthering their business within the City of Dubuque based upon the City's then current Ordinance is sacred. These vested rights would be dmtroycd if the City made an attempt to apply any newly adopted ordinance to the pending permit applications which were flied prior to this spacing issue every having bccn raise& lfsuch an application of the new ordinance were to llRE,SSI.ER {)l?l'l)l)Og AI)VI~RTIMN(;: 1. 171) W, I:AIRllANKS AVE., ~{III'E IO2 - ~'IN'I'ER I'ARK~ FI, 32780 (,i071 622-1040 - (80O) ~7(}.3252 · FAX: (407) 622-10,l~ Sent by: BRESSLER OUTDOOR ADVERTISING LLC407 622 1045; 02~0710t 18:39; ~letFaL#3OS;Page 3/3 occur, it would deprive the permit applicant of its due process rights. Accordingly, Bressler Outdoor believes that the City should ensure that a~y newly adopted sign ordinance is not applied to permit applications that were pending prior to the adoption of'the moratorium. Because existing sign own{rs and previous permit applicants have vested rights, it is imperative that the City make certain, during this amendment process, that the revised ordinance shall not be applied retroactively against existing structures or against pending permit applications which were filed prior to the adoption of the moratorium on this issue. 1 appreciate your attention 1o this matter. Sincerely, General Counsel Bressler Outdoor Advertising, LLC. CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Five Flags Theater Renovation Project Sealed bids were received on February 8th for the Five Flags Theater Renovation Project. Leisure Services Manager Gil Spence is recommending acceptance of the low bid of $699,950 as submitted by Klauer Construction Company. While this is $193,931 over budget, there are sufficient funds available from savings in other capital improvement projects for this fiscal year that would permit this project to go forward. I concur with the recommendation and respectfi~lly request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Baxry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 12, 2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage~ SUBJECT: Five Flags Theater Renovation Project INTRODUCTION The purpose of this memorandum is to provide a recommendation on awarding the contract for the Five Flags Theater Renovation Project. DISCUSSION Sealed bids were received on February 8, 2001, for the Five Flags Theater Renovation Project, with the following bids received: Klauer Construction Company Tdcon Construction Conlon Construction Company Portzen Construction Company Base Bid Alternate I Alternate 2 $ 699,950 $ 7,120 $ 4,790 748,400 5,400 4,200 757,800 6,200 3,500 971,000 5,700 4,000 The Iow bid is $181,950 over the engineer's estimate and $193,931 over budget. Components of the project include: replacing the carpet, reconstruction of the seats, replacing the fire doors, reconstruction of the balcony, installation of a fire suppression system, and plaster repair and painting. Alternate #1 provides additional aisle lighting on the main floor and Alternate f~2 provides chandeliers at the third gallery level where a wall is being removed. Durrant Architects has reviewed the Iow bid with the contractor and determined that the two main aspects of the project where the estimate was most off were the fire suppression system and the plaster repair/painting. Those two areas were $110,000 over the estimates. Aisc, replacing the carpet and reconstruction of the seats are $51,000 over the estimate. continued Five Flags Theater renovation page two Judging from the four bids that were received, the estimate for the project was simply too Iow. The only way to bdng the project in on budget is to eliminate one or more aspects of the project. The problem with that is that all six aspects of the project are related and need to be done at the same time. Reconstruction of the balcony is the only aspect of the project that is not a "necessity" but it is the aspect that is the main issue to be addressed in the renovation. Therefore, it seems important that the project move forward, if at all possible. There are two projects in the Five Flags Capital Improvement budget where there is savings that could be used to fund this project. Replace portable staging has a savings of $110,528 and replace permanent seating (arena) has a savings of $101,224. This $211,752 would offset the $193,931 budget overrun and leave $17,821 for a contingency fund. RECOMMENDATION I recommend that the contract be awarded to Klauer Construction Company in the amount of $699,950 with the savings from the two projects identified above being used to offset the overrun. ACTION STEP The action requested is that the City Council adopt the attached resolutions approving the plans and specifications and awarding the contract to Klauer Construction Company in the amount of $699,950. GDS:et attachments Prepared by: Leisure Services Department: Address: 2200 Bunker Hill Road Phone: 589-4263 RESOLUTION NO. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of January, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the FIVE FLAGS THEATER RENOVATION PROJECT. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this day of ,2001. Te~ance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk PK Prepared by: Leisure Services Department: Address: 2200 Bunker Hill Road Phone: 589-4263 RESOLUTION NO. AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the FIVE FLAGS THEATER RENOVATION PROJECT pursuant to Resolution No. 18-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of February, 2001. Whereas, said sealed proposals were opened and read on the 8th day of February, 2001, and it has been determined that the bid of KLAUER CONSTRUCTION COMPANY, in the amount of $699,950 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to KLAUER CONSTRUCTION COMPANY, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk PK CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard In response to a request from Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., Public Works Director Mike Koch is recommending vacation of a 20-foot wide lot numbered Lot 2A of Bradley Place. The City has no plans for use of this property, however the City reserves the utility easements as noted. The purchase price would be $5,300 plus fees. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director Prepared b~ Michael A. Koch, Public Works Direc{or Address: 50 W. 1:~~ Street, Dubuaue. iA 52001-4864 RESOLUTION NO. -01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF BRADLEY PLACE, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on day of 2001, the City Council of the City of Dubuque, Iowa met on the day of ,2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of Bradley Place in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A of Bradley Place in the City of Dubuque, Iowa to Oarka, Corp., a/k/a Hawkeye Boat Sales & Service, Inc. be and the same is hereby approved for the sum of $5,300.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Oarka, Corp., a/ida Hawkeye Boat Sales & Service, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January ~0. _001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot 2A of Bradley Place on the attached plat. I concur vdth the recommendation and respectfully requ, es~/M, ayor and C:~t~ Council approval. M . an Milliken MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moem~an, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kerper Boulevard INTRODUCTION This is in response to a request from Alien J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows the proposed portion of Kerper Boulevard to be vacated. The abutting properties are owned by Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. The area to be vacated is divided into one 20-foot wide lot numbered Lot 2A of Bradley Place in the City of Dubuque, Iowa. Lot 2A of Bradley Place is a portion of the existing 175-foot wide public right-of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot 2A of Bradley Place for maintenance of any existing and future public and private utilities. With reservation of the entire lot for utility easements, the proper~y has been valued at $1.25 per square foot, for a total of $5,750. A credit for surveying and platting of $450 established a purchase price of $5,300. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. J would recommend that the area indicated by Lot 2A of Bradley Place on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 19, 2001. ~ would further recommend that the purchase price be established at $5,300, plus platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. Prepared by Ronald d. Turner, PLS 50 0 50 Feet PROPOSED VACATE ,' ,' ~o,~ HAWKEYE BOAT VACATE Luksetich/Smith ARC, Inc Hawkeye Boat Sales McGraw-Hill .. rper Blvd, Vacates Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t" Street, Dubuque1 IA 52001-4864_ RESOLUTION NO. 40 -01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001 prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of Februar~v ,2001. Te~'ance M. Du~'ga,,~yor Attest: ~/,~eanne F. S-c~'~ei~-er, City Clerk Prepared by: Michael A, Koch, Public Works Director Address: 50 W. 13m Sb'eet, Dubuque, IA 52001-4864 ORDINANCE NO. 8 - 01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Allen J. Becker representing Oarka, Corp a/k/a Hawkeye Boat Sales & Services, Inc. has requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Bradley Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kerper Boulevard known as Lot 2A of Bradley Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Bradley Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of February ,2~. Attest: er, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Bonlevard In response to a request from Area Residential Care, Inc., Public Works Director Mike Koch is recommending vacation of Lot 2A of Block 15 of Riverfront Subdivision No. 3. The City has no plans for use of this property, however the City reserves the utility easements as noted. The purchase price would be $5,880, plus fees. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic~llige~n~ MCVMJjh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Dh'ector CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: February 13, 2001 Michael C. Van Milligen, City Manager Jeanne F. Schneider, City Clerk Michael A. Koch, Public Works Director /~iX~ Vacating of Kerper Boulevard (Lot 2A of Block 1 5 of Riverfront Subdivision No. 3) The enclosed is a corrected plat to describe the area that Area Residential Care, Inc. is requesting vacate on Kerper Boulevard. Please include this corrected version as part of the City Council public hearing on February 19, 2001. MAK/vjd cc: Ronald J. Turner, P.L.S. Gus Psihoyos, Assistant City Engineer Enc. %-% ARC VACATE Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -0t RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF BLOCK 15 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general cimulation published in the City of Dubuque, Iowa on day of ., 2001, the City Council of the City of Dubuque, Iowa met on the day of ., 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Area Residential Care, Inc. be and the same is hereby approved for the sum of $5,880.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Jon Romaine representing Area Residential Care, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864 RESOLUTION NO. 44-01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001 prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this §th day of February ,2001. Te'rrance M. Dugg.a~//4~layor Attest: ~__~eanne F. S~;h~eider, City Clerk Prepared by: Michael A. Koch, Public Works Directqr Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 4~5 -01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF BLOCK 15 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, Jon Romaine, representing Area Residential Care, Inc. has requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Area Residential Care, Inc. be contingent upon the payment of $5,880.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of February ,2001. /Terrance M.'-~u~n, Mayor Attest: ~/J'eanne F. schneia~r, city Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t" Street, Dubuque, iA 52001-4864 ORDINANCE NO. l0 -01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas Jon Romaine, representing Area Residential Care, Inc. has requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Block 15 of River Front Subdivision No. 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kerper Boulevard known as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this __ day of ,2001. Attest: ~.J~anne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 i8S3 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot 2A of Block 15 of Riverfront Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully r.eq/.ues/~or andt?ty Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 Michael C. Van Milligen, City Manager M,chae, ^. Koch, Public Works Director Vacating Petition - Kerper Boulevard INTRODUCTION This is in response to a request from Jon Romaine representing Area Residential Care, Inc. for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows a 22-foot wide. proposed portion of Kerper Boulevard to be vacated. Area Residential Care owns the abutting properties. The area to be vacated is divided into one lot numbered Lot 2A of Block 15 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa. Lot 2A of Block 15 of Riverfront Subdivision No. 3 is a portion of the existing 175-foot wide public right- of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot 2A of Block 15 of Riverfront Subdivision No. 3 for maintenance of any existing and future public and private utilities. With reservation of the entire lot for utility easements, the property has been valued at $1.25 per square foot, for a total of $6,330. A credit for surveying and platting of $450 established a purchase price of $5,880. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. I would recommend that the area indicated by Lot 2A of Block 15 of Riverfront Subdivision No, 3 on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 19, 2001. I would further recommend that the purchase price be established at $5,880, plus platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance, MAK/vjd Prepared by Ronald J. Turner, PLS CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard In response to a request from Talass, L.L.C., Public Works Director Mike Koch is recommending vacation of Lot lA of Block 13 of River Front Subdivision No. 3. The City has no plans for use of this property, however the City reserves the utility easemems as noted. The purchase price would be $12,750. I concur with the recommendation and respectfully request Mayor and City Council approval. Micha t C.~V~ M~'illig~e~n//~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot lA of Block 13 of River Front Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully requqst t~ayor and Cit~ ~ouncil approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director Prepared by: Michael A. Koch, Public Works Direclor Address: 50 W. 13~h Street, Dubuque, iA 52001~,864 RESOLUTION NO. -01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on day of ., 2001, the City Council of the City of Dubuque, Iowa met on the day of ., 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easements as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Talass, L.L.C., be and the same is hereby approved for the sum of $12,750.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Talass, L.L.C., upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this __ day of 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h S~eet, Dubuque, IA 52001-4864 RESOLUTION NO. 42 -01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of February ,2001. rrance M. ~ Attest: ~__,~e~nne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h Street, Dubuque, IA 52001~,864 ORDINANCE NO. 9 -01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Thomas Luksetich and Steve Smith, representing Talass, L.L.C., have requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Block 13 of River Front Subdivision No. 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portions of Kerper Boulevard known as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 5th dayof February , TeCrance M. Dugg~u~, Mayor Attest~ . ~/'J'eanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~" Street, Dubuque, IA 52001-4864 RESOLUTION NO. 4~3-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT lA OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, Thomas Luksetich and Steve Smith, representing Talass, L.L.C., have requested the vacating of a pot[ion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Talass, L.L.C., be contingent upon the payment of $12,750.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by taw. / Terrance M.'-D'ug~, Mayor Attest: ~//d'eanne F. Schneidler, City Clerk L I / · / LUKSETICH/SMITH VACATE Luksetich/Smith ARC, Inc %-% Hawkeye Boat Sales tt _ McGraw-Hill Blvd. Vacates PLAT OF SURVEY LOT la, BLOCK 1,.3, RIVER FRONT SUBDIVISION NO..3 IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THE VACATED 20-FOOT WIDE PORTION OF KERPER BOULEVARD LYING EASTERLY OF AND ADJACENT TO BLOCK 1.3 AND LOT 1, BLOCK 14, RIVER FRONT SUBDIVISION NO. 5 IN THE CITY OF DUBUQUE, IOWA LOT 1 BLOCK 12 / I RIVER FRONT SUBDIVISION NO. 3 /i WESTERLY R.O.W. LINE KERPER BLVD.--~57.07,19. E S__57'07'19" E ,309.57'~ 20.00' '"-~1557'08'24" W ~- / ~_ FOR KERPER BLVD. LOT 1/~ -~ BLOCK 3 , n,' GRAPHIC SCALE Ld I ~ O.. 0 1 O0 200 / BLOCK 15 ~ bJ V SUBDIVISION NO. 3 j 1" = 100' ~J ~: DRAWING MAY HAVE BEEN REDUCED .o .o .~ ~, LOT 1 OF' BLOCK 14 POINT OF ~ u3'° ~ SUBDIVISION NO..3 BEGINNING~.'~.~,~.L LEGEND _/ FOUND IRON ROD 57'04-'25" W · w/cAp No. 20.00' SET 5/8" IRON ROD NOTE: LOT IA, BLOCK 13 IS RESERVED AS A PUBLIC U~LITY EASEMENT · FOUND CONC. MON, SURVEYED FOR: TOM LUKSET[CH PROPRIETOR: CITY OF DUBUQUE ,,,,,,' __--~_ _E TRANMER ~_ =~ Licensed in Iowa, Illinois and Wisconsin CONZETT & O'BRIEN Attorneys at Law 491 W. 4th Street P.O. Box 741 Dubuque, Iowa $20#4-0741 PHONE: (319)556-8552 FAX: (3i9) 556-8572 January 6, 2000 The Honorable Mayor Terry Duggan and Dubuque City Council City Hall 50 W. 13th Street Dubuque, Iowa 52001 Dear Mayor Duggan and Cit~ Council: I represent Thomas Luksetich and Steven Smith and I :am writing on their behalf to see if they could acquire a portion of property in accordance with the City of Dubuque vacating procedures. We have spoken with Ron Turner at the City Engineer's Office and were given a preliminary indication that the vacating is favorable. Attached to this letter is a plat prepared by IIW Engineers & Surveyors, P.C. The area that we are requesting be vacated is highlighted on that l~lat. If there is any further information needed, please contact the undersigned, Mr. Luksetich or Mr. Steve. Thank you for your consideration in this matter. WAC/dao Enclosure Sincerely yours, William A Conzett CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot lA of Block 13 of River Front Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully requqst b~ayor and Cit~ J~ouncil approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kerper Boulevard INTRODUCTION This is in response to a request from Thomas Luksetich and Steve Smith representing Tatass, L.L.C., for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows the proposed portion of Kerper Boulevard to be vacated. The abutting properties are owned by Thomas Luksetich and Steve Smith. The area to be vacated is divided into one lot numbered Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Lot lA of Block 13 of River Front Subdivision No. 3 is a portion of the existing 175-foot long, 20-foot wide public right-of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot IA of Block 13 of River Front Subdivision No. 3 for maintenance of any existing and future public and private utilities. With reservation of the entire tot for utility easements, the property has been valued at $1.25 per square foot, for a total of ~13,200. A credit for surveying and platting of ~450 established a purchase price of $12,750. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted, I would recommend that the area indicated by Lot lA of Block 13 of River Front Subdivision No. 3 on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 19, 2001. I would further recommend that the purchase price be established at ~12,750, plus platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, PLS CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: Tlae Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Lease of City Property' to United Rentals, Inc. Recently the City purchased property from Plastic Cemer, Inc. at 301 Iowa Street directly east of the construction site for the new parking ramp. Currently United Rental occupies that building through a lease. Parking System Supervisor Cindy Steinhauser is recommending execution of a month-to-month lease with United Rental for continued occupancy of the building at a base rent of $2,975 per month. I concur with the recommendation and respectfully request Mayor and City Council approval. Micl~ael C. Van M'illigen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Cindy Steinhauser, Parking System Supervisor CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Purchase of Plastic Center, Inc. Property at 301 Iowa Street; Lease with United Rentals, Inc. Parking System Supervisor Cindy Steinhauser is recommending execution of a purchase agreement with Plastic Center, Inc. The City would be acquiring the site at 301 Iowa Street for $297,000. The site could be used for future expansion of the 3ra Street Parking Ramp and to make gateway improvements. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Cindy Steinhauser, Parking System Supervisor CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 To: Michael C. Van Milligen, City Manager From: Cindy Steinhauser, Parking System Supervisor Re: Purchase of Plastic Center, Inc. property at 301 Iowa Street; lease with United Rentals, Inc. Introduction The purpose of this memorandum is to provide you with information related to the proposed purchase of property located at 301 Iowa Street. Background On August 8, 2000, the City Council reviewed the proposed plans and specifications and awarded a contract to conslzuct a 420-stall parking ramp located at 4th & Iowa Streets. The design of the facility included extending the ramp over Iowa Street, between 3rd and 4th Streets. This facility would be adjacent to the Canfield Hotel site, currently owned by Bob Klauer, and the United Rental site, currently owned by Plastic Center, Inc. This design would allow for tl~ough traffic, including semi-trucks, to continue to have access to this right of way and businesses along this portion of Iowa Street. This design also allows for either vertical or horizontal expansion of the facility. Horizontal expansion would involved obtaining air rights from the owner of the United Rental property to place building column on the site and to erect a parking deck over the facility. Plastic Center, Inc., in response to this design, filed a lawsuit against the City of Dubuque claiming that this design limited access to its property and was in part, a takings issue. Plastic Center Inc. agreed to dismiss the lawsuit if it was able to reach a successful negotiation with the City of Dubuque to purchase this property. Plastic Center, Inc. currently leases this site on a month to month basis to United Rental, Inc. Discussion In response to the lawsuit, Corporation Counsel Barry Lindahl and Plastic Center, Inc. attorney Brian Kane began to negotiate the terms of a purchase agreement. Attached is a copy of the proposed Agreement. In summary, the City of Dubuque agrees to purchase the property for $297,000 and Plastic Center, Inc. agrees to dismiss its lawsuit against the City of Dubuque. The City has also negotiated a month-to-month lease with United Rental. A copy of the proposed Lease is also attached. Un/ted Rental agrees to maintain responsibility for two underground storage tanks, removed in 1994, associated with the former use of this site and to indemn/fy the City of Dubuque against any claims rising out of that condition. In reviewing this matter with Pauline Joyce, Administrative Services Manager, the purchase of this property would be made through the use of two funds. A total of $205,000 will come from FY '01 gunite project and $92,000 will come from savings on other CIPs. Recommendation I recommend that the City Council approve the offer to buy real estate with acceptance and to authorize the City Manager to sign. I further recommend that the City Council adopt the attached resolution setting the proposed lease for public hearing. Cc: Ken TeKippe, Finance Director Pauline Joyce, Administrative Services Manager Barry Lindahl, Corporation Counsel Mike Koch, Public Works Director Barry. A. Lindahi, Esq. Corporation Counsel I96 Dubuque Building 700 Locust Street Dubuque, Iowa 52001-6824 (319) 583-4113 (319) 583-1040 FAX E-mail: balesq~mwci.net January 30, 2001 Mr. Michael C. City Manager City Hall Dubuque, Iowa Van Milligen 52001 RE: Purchase of Plastic Center, Inc. (United Rental Property\Lease With United Rental, Inc.) Dear Mike: Enclosed is the Offer To Buy Real Estate And Acceptance for acquisition of the Plastic Center, Inc. property now leased to United Rental, Inc. The proposed Offer is based on review and acceptance by the City Council at its February 5, 2001 meeting. Also enclosed is a proposed lease of the property with United Rentals, Inc. and a Resolution of Intent to Dispose of the City's interest in the property by lease. Assuming the City Council approves the Offer at its February 5th meeting, the Lease would be set for hearing for February 19th. Closing on both transactions would be March 1, 2001. Let me know if there is any additional information you need from me on this project. J Barry. A. Lindah~ ~rporation Counsel BAL/cg Enclosures cc - Brian Kane, Esq. cc - Roger Stageberg, Esq. Service People Integrity Responsibility Innovation Teamwork Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake** Brad J. Heying Todd L. Stevenson* Louis P. Pfeiler MaryBeth Pfeifer Salmon Mary A. Cherba All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001 January 26, 2001 Phone: (319) 582-7980 Facsimile: (319) 582-5312 E-mail: karpc~mw¢i.net Mr. Barry A. Lindahl Attorney at Law 196 CyCare Plaza Dubuque, IA 52001 RE: PLASTIC CENTER, INCdUNITED RENTAL REAL ESTATE Dear Barry: Enclosed please find duplicate originals of the Offer to Buy Real Estate and Acceptance (Nonresidential) which we have revised as you requested. Please note the new Section 17(B) requiring council approval (which we understand is expected to occur at the February 5, 2001 council meeting). Additionally, we revised Section 18 to defer the date of acceptance to not later than February 9, 2001. Assuming the council approves of the Offer, please have both originals signed in duplicate by the appropriate representative of the City and provide both, originally signed documents to us. We will thereupon obtain the signature of Mr. Jim Pfohl. As we previously advised you, we have the abstract and we will have it continued and deliver it to you for examination. Please do not hesitate to contact us directly should you have any questions. Thank you. Best regards, BJK:db Copy To: Mr. James M. Pfohl Brian J. ,~ne LEASE AGREEMENT THIS LEASE AGREEMENT made this __ day of January, 2001, between the City of Dubuque, Iowa, (hereinafter called "Landlord"), and United Rentals, Inc., a Delaware corporation (hereinafter called "Tenant"). WITNESSETH THAT: I. t~111i8~. Landlord, subject to the terms and conditions hereof, hereby leases to Tenant the real property and all improvements thereon located at 300 Iowa Street, Dubuque, Iowa 52001, County of Dubuque, State of Iowa, legally described as: The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of LOts 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa (hereinafter referred to as the "Premises"). The Premises shall be used by Tenant for an equipment rental business. 2. Term. Tenant takes the Premises from Landlord, upon the terms and conditions herein contained, to have and to hold the same for a term ("Lease Term") of month-to-month commencing on the __ day of January, 2001 ("Commencement Date") and continuing month-to-month thereafter until terminated by either party hereto. Notwithstanding anything to the contrary herein contained, in order to terminate this Lease either party must give not less than 90 days' prior written notice prior to the frrst day of the month of termination of this Lease of such intention to the other party before this Lease is terminated. 3. B~e R~t. Tenant shall pay to Landlord for the period from the Commencement Date through the Termination Date, Base Rent of $2,975 per month, payable on the Commencement Date (pro-rated) and on the 1s~ day of each month thereafter at the office of Landlord, City Manager's Office, City Hall, 13a and Central Avenue, Dubuque, Iowa, 52001, or such other place as may from time to time be designated by Landlord. 4. O.l/erafillg_C.l~. Tenant shall, for the entire Lease Term, pay without any set-off or deduction therefrom except as provided in this Lease, all costs which Tenant may incur in nlaintaining and operating the Premises as Tenant. Said costs are referred to herein as "Operating Costs" and are hereby defined to be limited to the costs of heating, lighting, plumbing and air conditioning, but excluding capital costs. The following shall be specifically excluded from Operating Costs: All real estate taxes and special assessments and all insurance premiums on the Premises. A. Tenant agrees to purchase, in advance, and to carry in full force and effect the following insurance: i. "Special perils" property insurance covering the full replacement value of all of Tenant's personal property within the Premiss. ii, Commercial general liability insurance, which policy shall include coverage for Bodily Injury, Property Damage, Personal Injury, and Independent Contractors, in current Insurance Services Office form or other form which provides coverage at least as broad. Tenam shall maintain a combined policy limit of at least $2,000,000 applying to Bodily Injury, Property Damage and Personal Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination with umbrella or excess policies so long as the coverage is at least as broad as that required herein. Landlord shall be named as additional insured under all such policies. B. At least ten (10) days prior to expiration of any such coverage, Tenant shall deliver evidence that the coverage in question will be renewed or replaced upon expiration. Such evidence of insurance shall contain sufficient information to enable Landlord to determine whether Tenant's insurance complies with the requirements of this Lease. Upon request, Tenant shall also furnish insurer-certified copies of all pertinent policies. All policies used to provide the coverage required by this Lease shall (i) be endorsed to require the insurer to provide at least thirty (30) days notice to Landlord prior to cancellation or non-renewal, and (ii) be issued by financially sound companies having an A.M. Best Company rating of at least A. Tenant shall provide Landlord a certificate of Tenant's general liability coverage with the 30-day notice of cancellation and naming Landlord as an additional insured. C. Landlord has provided Tenant with evidence of its insurance, which Tenant agrees is acceptable to it. 6. Care and Repair of Premises. Tenant shall, at all times throughout the Lease Term, and at its sole expense, heat the Premises and keep and maintain the Premises in a clean, safe, sanitary condition, ordinary wear and tear excepted and excluding Landlord's obligations in this Lease. If Tenant fails, refuses or neglects to maintain the Premises as required in this Lease after thirty O0) days written notice shall have been given Tenant, unless a reasonable time for cure exceeds 30 days, in which event Tenant shall have such additional time providing Tenant commences cure within said 30-day period, Landlord may make such expenditures without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all reasonable costs incurred by Landlord in making such expenditures upon presentation to Tenant of bill therefor. 7. Improvements to Premises. Tenant shall not be permitted to make improvements and repairs to the Premises without the written consent of Landlord not to be unreasonably withheld. Tenant shall hold Landlord harmless from all costs of said improvements and repairs. 8. I~tLY~,,IlalI~i_T~. Tenant agrees that it shall: A. Observe reasonable rules and regulations as from time to time may be put in effect by Landlord for the general safety, comfort and convenience of Landlord, occupants and tenants of the Premises. B. Give Landlord access to the Premises at all reasonable times upon reasonable notice, without charge or diminution of rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord may deem advisable but without changing the configuration of the Premises. C. Keep the Premises in good order and condition, reasonable wear and tear excepted. D. Fourteen days prior the expiration of the Lease Term, allow Landlord the right to advertise on the Premises for the lease or sale of the Premises. E. Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. F. Not assign this Lease, or sublet all or any part of said Premises. G. Not place signs on or about the Premises without first obtainin§ Landlord's written consent thereto, not to be unreasonably withheld. H. Not make any alterations or additions to the Premises without obtaining the prior written approval of Landlord, not to be unreasonably withheld, and all alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by either of the parties hereto upon the Premises, except movable office furniture and equipment, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the termination of this Lease, unless Landlord requires removal at time consent is given. I. Keep the Premises free from any mechanics', materialmen's, contractors' or other liens arising from, or any claimn for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant unless Tenant provides landlord with a bond. Provided, however, that Tenant shall have the right to contest any such lien, in which event such lien shall not be considered a default under this Lease under the existence of the lien has been finally adjudicated and all appeal periods have expired. Tenant shall indemnify and hold harmless Landlord from and against any such lien, or claim or action thereon, reimburse Landlord promptly upon demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action, and upon written request of Landlord, provide Landlord with a bond in an amount and under c/rcumstances necessary to obtain a release of the Premises from such lien, excluding therefrom any mechanic's liens for initial Tenant improvements which are the respomibility of Landlord and Landlord's maintenance obligations. J. Subject to the limitations on Par. 12, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims of any kind which may be asserted against Landlord which are a result of Tenant's negligence in the performance of the conditions of this Lease. Tenant's obligations under this paragraph 8 to do or not to do a specified act shall extend to and include Tenant's obligations to exercise reasonable efforts to cause Tenant's employees, agents and invitees to do or not to do such acts, as the case may be. 9. C. oROglllaaliOll. If the entire or a portion of the Premises or access to the Premises are taken by eminent domain, thin Lease shall automatically terminate as of the date of taking. All damages awarded for a taking under the power of eminem domain shall belong to and be the exclusive property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold estate hereby created or to the fee of the Premises; provided, however, that Landlord shall not be entitled to any separate award made to Tenant for the value and cost of removal of its personal property and f'Lxtures, moving costs and loss of business. 10. Mutual Release/Waiver of Subrogation. The "Special Perils" insurance by Tenant and Landlord's insurance shall include a waiver of subrogation by the insurers and all rights based upon an assignment from its insured, against Landlord or Tenant, their officers, directors, employees, managers, agents, invitees and contractors in connection with any loss or damage thereby insured against. Landlord and Tenant each hereby release the other from any and all liability or responsibility for any direct or consequential loss, injury or damage to the Premises, or its contents, caused by fire or any other casualty, during the Lease Term, even if such fire or other casualty may have been caused by the negligence of the other party or one for whom such party may be responsible. 11. Landlord's Environmental Represemations and Covenants. "Environmental Laws" shall include the following: the Resource Conservation and Recovery Act as amended ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended ("CERCLA"), the Superflmd Amendments and Reauthorizafion Act of 1986 ("SARA"), Federal Clean Water Act, Federal Clean Air Act, the Toxic Substances Control Act, or any other Federal, state, or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation, handling storage, or disposal, or the environment. To the extent allowed by law, Landlord agrees to reimburse and indemnify Tenant and its officers, directors, employees and agents ("Indemnified Party") again.qt any and all losses, claims, damages, penalties, judgments, liabilities and expenses including reasonable attorneys' fees and consultant fees which Tenant, as Indenmified Party, may pay, incur or become subject to arising out of or relating to Landlord's use, handling, release, emission, discharge, transportation, storage, treatment or disposal of any Hazardous Substances at the Premises. The within covenant shall survive the expiration or earlier te---rmination of the Lease Term. 12. TenantTs Environmental Representations and Covenants. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other Hazardous Substances or materials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Premises any such materials or substances except to use in the ordinary course of Tenant's business. Without limitation, Hazardous Substances and materials shah include those described in the CERCLA, and applicable state or local laws and the regulations adopted under these laws. Tenant shah execute affidavits, representations and the like from time W time at Landlord's request concerning Tenant's knowledge and belief regarding the presence of Hazardous Substances or materials on the Premises. Tenant agrees to reimburse and indemnify and hold Landlord and its officers, employees and agents ("Indemnified Party") harm/ess from and against any and all losses, claims, damages, penalties, judgments, liabilities and expenses including reasonable attorneys' fees and consultant fees which an Indemnified Party may pay, incur or become subject to arising out of or relating to (i) Tenant's use, handling, release, emission, discharge, transportation, storage, treatment, assignment or disposal of any Hazardous Substances at the Premises, and/or (ii)any violation of any Environmental Laws with respect to Tenant's use and occupancy of the Premises. Tenant further agrees to fully comply with and perform all investigations and corrective action required by the Iowa Department of Natural Resources (DNR) related to or arising out of releases from two (2) underground storage tanks removed in 1994. Tenant further agrees to use good faith efforts to obtain a "No Further Action" letter from the Iowa DNR with respect to two (2) underground storage tanks removed from the Premises, in or about 1994. The within covenants shall survive the expiration or earlier termination of the Lease Tenn. Tenant shall not use any unreasonable institutional control or other restriction or limitation on the use of the Premises (except a no-water-supply wells restriction) as a means of corrective action or obtaining a No Further Action Certificate without the prior written authorization of Landlord, which authorization shall not be unreasonably withheld. 13. I.etlitRLl~. Tenant hereby agrees that in case Tenant shall default in making its payments within ten (10) days after written notice of such default is given by Landlord, or in performing any of the other agreements, terms and conditions of this Lease within thirty 00) days (or such longer time as is reasonable to cure so long as Tenant commences remedying such event of default within the thirty (30) day period and proceeds diligently thereafter to cure same) after written notice of such default is given by Landlord, then, in any such event, Landlord may, in addition to all other rights and remedies available to a lessor by law or by other provisions hereof, with due process, re-enter immediately into the Premises and remove all persons and property therefrom, and, at Landlord's option with due process, cancel this Lease as to all future rights of Tenant. Neither acceptance of rent by Landlord, with or without knowledge of breach, nor failure of Landlord to take action on account of any breach hereof or to enforce its rights hereunder shall be deemed a waiver of any breach, and absent written notice or consent, said breach shall be a continuing one. Nothing herein shall prevent Landlord from exercising any and all other rights and remedies available to Landlord under applicable law. 14. l~ti.g~t. All bills, statements, notices or communications which Landlord may desire or be required to give to Tenant shall be deemed sufficiently given or rendered if in writing and either delivered to Tenant personally or sent by registered or certified mail addressed to Tenanl[ at tile Premises and the time of the giving of such notice or communication shall be deemed to be the time when the same is delivered to Tenant or deposited in the mail. Any notice by Tenant to Landlord must be served by registered or certified mail addressed to Landlord at the address where the last previous rental hereunder was payable, or in the case of subsequent change upon notice given, to the latest address furnished and shall be deemed given when deposited in the mail. 15. ~. The fights of Tenant shall be and are subject and subordinate at all times to the lien of any fzrst mortgage now or hereafter in force against the Premises, and Tenant shall execute such further instruments subordinating thi~ Lease to the lien of any such first mortgage as shall be requested by Landlord, providing Tenant receives a nondisturbance agreement from Landlord's lender. 16. ~. Tenant shall at any time and from time to time, upon not less than ten (10) days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord and any other parties designated by Landlord, a statement in writing certifying (a)that this Lease is in full force and effect and is unmodified (or, if modified, stating the nature of such modifications), (b) the date to which rental and other charges payable hereunder have been paid in advance, if any, and (c) that there are, to Tenant's knowledge, no uncured defaults on the part of Landlord hereunder (or specifying such defaults if any are claimed). Any such statement m~ay be furnished to and relied upon by a prospective purchaser, tenant or encumbrancer of all or any portion of the Premises. 17. l~g~ffil.~i~. So long as Tenant shall pay the Base Rent and shall fully comply with all of the terms of this Lease and fully perform its obligations hereunder, Tenant shall peaceably and quietly have hold and enjoy the Premises for the Term hereof, subject, however, to all the terms of this Lease. No failure by Landlord to comply with the foregoing covenants during the Lease Term shall give Tenant a right to cancel or terminate this Lease or to abate, reduce or make a deduction from or offset against the Base Rent or any other sums payable under this Lease, or to fail to perform any other obligation of Tenant hereunder except as specifically set forth in this Lease. Notwithstanding anythin4 contained in thi~ Lease to the contrary, it is specifically understood and agreed that no officer, director or shareholder of either party, or any mortgagee (except mortgagee in possession), shall have any personal liability in respect of any of the terms, covenants, conditions or provisions of this Lease. 18. BJllfliilg. J~f~. Each provision hereof shall extend to and shall, as the case may require, bind and inure to the benefit of Landlord and Tenant and their respective successors and assigns. 19. of Iowa. This Lease shall be governed by the laws of the State IN WITNESS WHEREOF, the respective parties hereto have caused this Lease to be executed the day and year fkst above written. LANDLORD: CITY OF DUBUQUE, IOWA UNITED RENTALS, INC. By Michael Van Milligen Its City Manager STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) The foregoing was acknowledged before me this __ day of lanuary, 2001, by Michael Van Milligen, the City Manager for the City of Dubuque, Iowa, a municipal corporation, on behalf of said corporation. Notary Public STATE OF CONNECTICUT ) ) SS. COUNTY OF FAIRFIELD ) The foregoing was acknowledged before me this __ day of January, 2001, by the of United Rentals, Inc., a Delaware corporation, on behalf of said corporation. Notary Public Sent by; BRESSLER OUTDOOR ADVERTISING LLC407 622 ~045; 02/13/01 13:46j ]~_~L#538jPage 2/4 February l3,2001 ylA, FACSIMILE TRANSMISSION HARD COPY TO FOLLOW BY U.S. MAIL Building Services Department Arm: Jeanne Schneider City of Dubuque $0 West 13~ Street Dubuque, Iowa 52001 RE: Item for Agenda of City Council Meeting Regarding Bresster Outdoor Advertising's Building permit Dear Ms. Schneider: Pursuant to our conversation, I hereby request that the/bllowing matter be placed upon thc agenda of City Council's next meeting, which 1 understand will be held on February 19, 201)1. Please inform me if the date is otherMse. I am attaching a Request for Hearing which sets forth exactly what Brcssler Outdoor would like to address at the Council meeting. Please let me know ifyou need any additional information other than what is addressed in the attached request. Thank you for your attention to this matter. Please centimo with me that the matter will be on the agenda. Sincerely, Jennifer Sloane, Esq. Genenfl Counsel Bressler Outdoor Advertising, LLC Enclosure BRIi.',;SLI,.'R OIJTI)OOR AI)V):.RTISING, L.L.C. 170 W. FAIRBANKS AVl';.. StIl'l'l~ 10~ ,, WINT[.~R PARi4., FL 52789 t.l(17) G22.1040 , (bloI)) ~,70-3232 - FAX: (-i(}7) 622-1¢)45 Sent by: BRESSLER OUTDOOR ADVERTISING LLC407 622 1045; 02/13/01 13:46; ~elj~[_#538;Page 3/4 REQUEST FOR HEARING BRESSLER OUTDOOR ADVERTISING, LLC. Bressler Outdoor Advertising, LLC. ("Bressler') reqaest~ that the City Council address the issue of whether Bressler's vested right to the issuance of a permit to construct a sign structure at 3220 Dodge Street, accrued prior to the effective date of the 90 day moratorium oa the issuance of any such permits (Ordinance No. 4-01), Bressler Outdoor filed three applications with the City of Dubuque for the issuance of permits to constract three separate sign structures located at 268:5 Dodge Street, 4430 Dodge Street and 3220 Dodge Street, Alt three applications were filed with tho City on May 24, 2000, almost 9 months ago. Bressler filed with each application a size plan, two copies of engineered structural drawings, and the required application fee. Prior to the issuance cfa permit, the City requires that an applicant obtain approval from the State of Iowa Department o fTransportation ("IDOT') for a state permit to construct the sign structure, Bressler obtained the necessm3, state permits for the sign structures located at 2685 Dodge Street and 4430 Dodge Street on July 28, 2000. Both of these stare approvals were immediately forwazded to the City of Dubuque and, in response, the City issued to Bressler two permits, one for the construction of a sign structure at 2685 Dodge Street (permit number 42071) and the other for the construction of a sign structure at 4430 Dodge Street (permit number 42072). These City permits were issued on July 3 l, 2000, just 2 days after the City received a copy of the state approvals, by way of foxing a copy of the permit to Bresster. The permits issued by the City were merely a copy of the initial permit application with a permit number now written onto the application. The sign structure at 2685 Dodge Street was constructed on November 13, 2000 and the sign structure at 4430 Dodge Street was constructed on November I0, 2000. Not once did Bressler receive any objection fTom the City that these sign structures could not be built. Bressler did not immediately receive approval from the IDOT for a state permit to construct the sign at 3220 Dodge Street. After addressing the issues raised by the State, IDOT issued to Bressler a permit for the construction cfa sign at 3220 Dodge Street. This approval was received by Brcsstcr on November 13, 2000. The state approval was immediately sent to the City of Dubuque and, just like the two previoas applications, the City responded by foxing back to Bressler a copy of it's permit application. This response by the City occurred on November 20, 2000. Bressler understood this to be its permit to construct the sign at 3220 Dodge Street, just like what was done with the previous two sign structures. Unbeknownst to Bressler, there was no permit ntunber written on the application. Thus, it was Bressler's understanding that it had it's permit to construct the sign structure at 3220 Dodge Stract as of November 20, 2000. Bresslm- began construction of the sign at 3220 Dodge Street on January 26, 2001. The column was set in the ground on February l, 2001. Mc. Jetty Stoffel, the Building Inspector, came out to the site on February 6, 200 I, when all Bressler had left to do was put the sign faces on the structure, and issued a stop work order. The basis of the stop work order was that no Sent by: BRESSLER OUTDOOR ADVERTISING LLC407 622 1045; 02/13/01 13:46; ]~a~l_#538;Page 4/4 building permit had ever been issued for this location. Mr, Stoffel indicated that the reason no building permit was ever issued was because he never saw any engineered drawings for this sign structure. Bressler takes the position that the drawings were submitted when the original applications were submitted to the City, ill May of 2000 and that the City must have lost the prints. Another set of the engineered drawings were sent to Mr. Stoffel on February 12, 2001, after Bressler learned of the Stop Work Order. However, Mr. Stoffel asserted that he no longer has the authority to issue a building permit to Bressler for this site due to the 90 day moratorium. Bressler was advised that its only means of recourse was to r~quest a determination from City Council that Bressler's vested rights to a building permit accrued prior to the adoption of the moratorium on January 15, 200]. Bressler believes that its vested rights accrued on November 20, 2000, when the City sent its permit application back to Bressler in response to proof of state approval for a state permit. It was this action by the City which prompted BressIer to act in r~liance upon the perceived permit. Since this time, Bressler has expended a substantial amount of money in the furtherance of its structure. The stmctm'e is almost finished; the pole is in the ground and the advertising face has been assembled and merely needs installation. Since construction began, Breasler only received approvaIs from the City- At no time did anyone from the City ever contact Bressler to say that the City did not have engineered drawings and needed them m issue the permit. Bressler believes that this is merely a clerical error, that the permit was intended to be issued back in November of 2000, and that at some point in time after the City thought they issued the permit the engineered drawings previously submitted for this structure were lost. Bressler hereby requests that the City find that Bressler's vested rights to the issuance of a building permit to construct a sign structure at 3220 Dodge Street accrued prior to the effective date of the 90 day moratorium on the issuance of permits for sign structures. Bressler further requests that the City direct its Building Inspector to issue the building permit to Bressler upon a review and determination that the re-submitted structural drawings indicate compliance with the City's building code. 2 Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589d~221 February 9, 2001 The Honorable Mayor and City Council City of Dubuque 50 W. 13TM Street Dubuque, IA 52001 RE: Recommended Amendments to the Historic Preservation Ordinanc8> ~ C~ Dear Mayor and City Council Members: This letter transmits the recommendations of the Historic Preservation Commission and the Preservation Task Force for amendments to the Historic Preservation Ordinance. Commission and Task Force members will be available to answer questions when the City Council considers these amendments at your February 19, 2001 meeting. In April 1999, the City Council directed the HPC to review and update the Historic Preservation Ordinance. This request was made because problems and deficiencies in the existing Ordinance had been the cause of recent conflicts. We believe that we have addressed these issues with the recommended amendments. The amendments are highlighted below, with more extensive information on each recommendation provided in the enclosed summary. The actual amendments within the body of the Historic Preservation Ordinance are enclosed as well, with text to be deleted crossed out and new text shown on bold print. Our recommendations are: 1. Add a Preservation Alternatives step to the design review process, between the step for a Certificate of Appropriateness and the step for a Certificate of Economic Hardship. The Preservation Alternatives step would require a property owner to attempt to obtain financial incentives and restoration alternatives sufficient for the owner to earn a reasonable economic return. Financial incentives could include financing, tax credits, preservation grants or other incentives. Restoration alternatives could include different materials, techniques or methods. 2. Rename the Certificate of Economic Hardship step to Certificate of Economic Non-Viability, and replace the term "economic hardship" with "economic non- viability" throughout the ordinance. This change will shift the economic analysis from the person to the property, allowing for greater objectivity. Service People Integrity Responsibility Innovation Teamwork Page 2 of 2 3. Prohibit Demolition by Neglect, and require that owners of historic property keep their real estate in good repair. Substitute the Long Range Planning Advisory Commission for the Zoning Advisoq/Commission, for the review of nominations, amendments and recissions for designations of landmarks, landmark sites and historic districts. 5. Allow the Historic Preservation Commission to serve as an advisory design review body for public works projects that occur within historic districts or for alterations of landmarks or landmark sites, and that would result in a material change in appearance or be visible from the public way. 6. Amend the Historic Preservation Ordinance with regard to definitions, City responsibilities and federal standards for prehistoric and historic archaeological sites, as recommended by the State Historic Preservation Office. The Historic Preservation Commission and the Preservation Task Force recommend that the City Council adopt the enclosed amendments to the Historic Preservation Ordinance. Sincerely, Terry Mozena, Chairperson Historic Preservation Commission Enclosures Historic Preservation Commission Preservation Task Force Icarsten/wp/Council/hpordamend.ltr.doc SUMMARY DISCUSSION OF RECOMMENDED AMENDMENTS TO THE HISTORIC PRESERVATION ORDINANCE Review by the City Council on February 19. 2001 Through review and discussion of the research and analysis provided by City staff and the State Historic Preservation Office, the HPC and Preservation Task Force identified possible changes to the Historic Preservation Ordinance that respond to the City Council's direction. The Commission and the Task Force also identified modifications and enhancements to existing incentives in their review and update of the Historic Preservation Ordinance. Recommendation #1: Amend the design review process to add a Preservation Alternatives step, between the step for a Certificate of Appropriateness and the step for a Certificate of Economic Hardship. The Preservation Alternatives step would require a property owner to attempt to obtain financial incentives and restoration alternatives sufficient for the owner to earn a reasonable economic return. Financial incentives could include financing, tax credits, preservation grants or other incentives. Restoration alternatives could include different materials, techniques or methods. The design review process in the Historic Preservation Ordinance provides for a staff-only review and a Commission review. The Commission review is proposed to have the additional "Preservation Alternatives" step described below. Staff-Only Review Exterior improvements to historic properties that require only a staff review are changes that have "no material effect" on the appearance of the building. For example, if a property owner replaces or repairs the roof shingles on a building with the same material, or with a more historically appropriate material, staff will sign off on the required permit. Commission Review If the proposed improvements do not qualify for a staff-only review, then the. HPC must review and approve the project before the building permit can be issued and work begun. The Commission proposes the following design review process: Current Step: Certificate of Appropriateness -- This step is for projects that create a =material effect" on the appearance of a structure, such as replacing a tile or slate roof with asphalt shingles or installing vinyl siding over wood clapboard siding or brick. Suggested New Step: Preservation Alternatives -- The property owner would be required to attempt to obtain financing, tax credits, preservation grants or other incentives sufficient for the owner to earn a reasonable economic return. This step refers to both financial incentives and restoration alternatives, such as different materials, techniques or methods. This step would be for projects that have not been approved for a Certificate of Appropriateness upon initial review. Current Stop: Certificate of Economic Hardship -- This step presently is for projects that have not been approved for a Certificate of Appropriateness. Our proposal is to include those projects for which the suggested Preservation Alternatives step does not make a sufficient economic impact. The documentation for this step is quite extensive, because the applicant must show that disapproval of the proposed work would prevent the owner from earning a reasonable economic return. The purpose of this step is to have property-owners research preservation alternatives and funding opportunities that would improve the economics of the project and be more historically appropriate. The intent of this new step is twofold: 1) to avoid having the property owner proceed to the next step...a Certificate of Economic Hardship, which is very complicated and time-consuming; and 2) to reduce the number of appeals of HPC decisions by having the applicant research preservation techniques and financing options. For many applicants, this new step may be difficult due to their unfamiliarity with grant programs, financing options or alternate rehabilitation methods or materials. With a full-time Historic Preservation Planner, the Commission would be able to provide the applicant with the in-house expertise and established partnerships to adequately research and evaluate preservation alternatives. Recommendation #2: Rename the Certificate of Economic Hardship to Certificate of Economic Non-Viability, and replace the term .economic hardship" with =economic non- ufability" throughout the Ordinance. After denial of a Certificate of Appropriateness, the next step in the current design review process is an application for a Certificate of Economic Hardship. The documentation for this step is quite extensive, because the applicant must show that disapproval of the proposed work would prevent the owner from earning a reasonable economic return. This step could be renamed to Certificate of Economic Non-Viability, because it deals more with the economic viability of a property than with an economic hardship. The term "non-viability~ also is more objective, because it shifts the analysis from the person to the property. Recommendation #3: Prohibit Demolition by Neglect. This proposal is intended to help control neglect before it gets to the point where the property owner requests changing or replacing the structure's original materials or simply demolishing the structure. What we are trying to accomplish with this proposal is to stop a small problem before it becomes a large problem, and to offer information and assistance to property owners on preventative maintenance. We have heard complaints and concerns from residents and property owners in historic districts about vacant, abandoned and neglected buildings that contribute to reduced property values and diminished neighborhood pride. We believe that the owners of historic property should be expected to keep their property in good repair. The Ci~w should not allow the owners of historic property to change or remove the property's historic or architectural features, or to demolish the property, when their inability to earn a reasonable return on the property, or to use it reasonably, is a result of the owner's neglect and failure to repair defects in or adequately maintain the property. Enforcement of this provision would be on a complaint basis, which is the same process used for other City Code violations related to building, health or zoning. The initial enforcement action would be an advisory letter from the City, explaining the deficiencies to be corrected, and providing information to help the property owner accomplish the needed repairs. If the property owner is first notified in an advisory letter to correct one or more of the deficiencies listed above, the owner will be made aware of the property's maintenance needs early enough for them to be addressed. Enforcement of the Historic Preservation Ordinance typically would done by the Building Safety Department at this time. With a full-time Historic Preservation Planner, the Planning Services Department could assume this rote. The prohibition of Demolition by Neglect would be used as a pro-active measure for historic preservation and neighborhood revitalization, by adding a new subsection to the demolition section of the Ordinance, as follows: Section 25-7.2. Demolition by Neglect prohibited. The owner of property in any historic district or of a landmark shall preserve and keep from deterioration all structures located on such property. The owner must repair the structure to correct any of the following defects found by the City's enforcement officer: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (I) (m) Parts which are improperly or inadequately attached. A deteriorated or inadequate foundation. Defective or deteriorated floor supports. Walls, partitions or other vertical supports that split, lean, list or buckle. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split or buckle. Fireplaces and chimneys, which list, bulge or settle. Deteriorated, crumbling or loose exterior stucco or mortar. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors. Defect or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors. Any default, defect or condition in the structure, which renders it structurally unsafe or not properly watertight. Accumulation of weeds, fallen trees, limbs, or debris, abandoned vehicles and other refuse. Deterioration of any exterior feature so as to create a hazardous condition, Deterioration or removal of any unique architectural feature which would detract from the original architectural style. Recommendation #4: Substitute the Long Range Planning Advisory Commission for the Zoning Advisory Commission for the review of nominations, amendments and recissions for designations of landmarks and historic districts. The State Historic Preservation Office has suggested that the Long Range Planning Advisory Commission may be a more appropriate body than the Zoning Advisory Commission to review nominations, amendments and recissions for designations of landmarks and historic districts. Both Commissions have concurred with this recommendation. While the historic districts are similar to zoning districts in terms of regulating property, the Long Range Planning Advisory Commission is responsible for the development and update of the Comprehensive Plan, which contains goals and objectives for land use and historic preservation. The Planning Commission also reviews all new and amended urban renewal and urban revitalization plans, which often include portions of historic districts or older areas. The Planning Commission also reviews and comments on the City Manager's recommended Capital Improvement Program each year, which includes federal Community Development Block Grant |CDBG) funds for economic development, housing rehabilitation, neighborhood revitalization and historic preservation programs. Recommendation #5: Allow the HPC to serve as an advisory design review for public works projects that occur within historic districts or for alterations of landmarks or landmark sites, and that would result in a material change in appearance or be visible from the public way. By adding this provision, we seek to have the City comply with the regulations that apply to private projects, as well as ensure that those public projects are sensitive to the historic and architectural resources of the historic districts, landmark sites and landmarks. The City Council asked the HPC to suggest language that would allow the Commission to serve as an advisory design review body for these public works projects. The Commission's recommended language follows: "To serve as an advisory design review body to the City Council for review and approval of public works projects which have historic preservation implications ,,,~-~ ....... +~ ~" +~ ~';+" ~' ..... ;~ in historic districts, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way." Recommendation #6: Amend the Historic Preservation Ordinance with regard to definitions, City responsibilities and federal standards for prehistoric and historic archaeological sites, as recommended by the State Historic Preservation Office. The State Historic Preservation Office (SHPO) has recommended a number of amendments to the Ordinance pertaining to archaeological sites. 1) Add definitions for Structures, Objects, and Sites, and replace "aboriginal man" in the definition of Landmark site with "Native Americans". 2) Add language with regard to the identification, evaluation, registration, management and protection of significant prehistoric and historic archaeological sites to Section 25- 1. Purpose and intent, Section 25-2. Definitions, Section 25-5. Powers and duties of the Commission, and Section 25-6. Identification and designation of landmarks, landmark sites and historic districts. 3) Update the titles and revision dates of the Secretary of the Interior's Standards in Section 25-8.(c)(1), which deals with the alteration of landmarks, landmark sites and historic districts. lcarsten/wp/Council/hpordamend .sum .doc Chapter 25 HISTORIC PRESERVATION {Proposed language to be added is bold; language proposed for deletion is c, ressed~ Sec. 25-1. Purpose and intent. Sec. 25-2. Definitions. Sec. 25-3. Historic preservation commission established; membership; term of office; vacancies in office. Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetings; record of actions; attendance at meetings. Sec. 25-5. Powers and duties generally;, procedures for operations. Sec. 25-6. Identification and designation of landmarks, landmark sites and historic districts. Sec. 25-6.1. Langworthy Historic Preservation District. Sec. 25-6.2. Old Main Historic Preservation District. Sec. 25-6.3. Jackson Park Historic Preservatien District. Sec. 25-6.4. Cathedral Historic Preservation District. Sec. 25-6.5. West Eleventh Street Historic Preservation District. Sec. 25-6.6. William M. Black Landmark. Sec. 25-6.7. Dubuque City Hall Landmark. Sec. 256.8. Dubuque County Courthouse Landmark. Sec. 256.9. Dubuque County Jail Landmark. Sec. 25-6.10. Julien Dubuque Monument Landmark. Sec. 25-6.11. Mathias Ham House Landmark. Sec. 25-6.12. Shot Tower. Sec. 25-7. Demolition of landmarks, landmark sites or structures in historic districts; demolition by neglect; certificate of economic h=;d=h!~, non-viability. Sec. 25-8. Alteration of landmarks, landmark sites or structures in historic districts; determination of no material effect; certificate of appropriateness; review of preservation alternatives; certificate of economic ~c~=h!~. non-viability. Sec. 259. Procedure for the review of plans; application for certificate of appropriateness; application for review of preservation alternatives; application for certificate of economic hc,"Jsh!~ non-viability. Sec. 25-10. Standards for review. Sec. 25-11. Appeals from commission action. Sec. 25-12. Inspection. Sec. 25-13. Violations; penalties. Sec. 25-1. Purpose and intent. The purpose of this chapter is to: (1) Promote the educational, cultural, economic and general welfare of the public through the prote~ion, enhancement and perpetuation of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance; (2) Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural heritage by preserving districts, landmarks, and landmark sites of historical, architectural and cultural significance; (3) Stabilize and improve property values; (4) Foster civic pride in the legacy of beauty and achievements of the past; (5) Protect and enhance the c'rty's attractions to tourists and visitors and the support and stimulus to business thereby provided; (6) Strengthen the economy of the city;, and (7) Promote the use of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. Sec. 25-2. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below:. Alteration: Any act or process which changes the exterior architectural appearance of a structure, site or area, including, but not limited to, the erection, construction, reconstruction, restoration, removal or demolition of any structure or part thereof, excavation, or the addition of an improvement. Archeological signifi~: (1) The site is associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad cultural patterns of U.S. history and from which an understanding and appreciation of those patterns may be gained; or (2) The site is associatsd importantly with the lives of persons nationally significant in U.S. history; or (3) The site represents some great idea or ideal of the American people; or (4) The site embodies the distinguishing characteristics of an architectural type or specimen exceptionally valuable for a study of a period, style or method of construction, or that represents a significant, distinctive and exceptional entity whose components may lack individual distinction; or (5) The site is composed of integral parts of the environment not sulficisnfly significant by reason of historical association or artistic merit to warrant individual recognition, but collectively compose an entity of exceptionally historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture; or 2 (6) The site has yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the U.S. Such sites are those which have yielded, or which may reasonably be expected to yield data affecting theories, concepts and ideas to a major degree. Architectural sign#'lcance: (1) The structure(s) is the work of, or associated with, a nationally or locally noted amhitect, architectural firm, engineer, builder or craftsman; or (2) The structure(s) is an example of a particular period of architecture or architectural style in terms of detail, material, method of construction or workmanship, with no or negligible irreversible alterations to the original structure; or (3) The structure(s) is one of the few remaining examples of a particular architectural style; or (4) The structure(s) is one of a contiguous group of structures which have a sense of cohesiveness which is expressed through a similarity of characteristics, a similarity of a style, a similarity of period, a similarity of method of construction or which accent the architectural significance of the ares. Building: Any structure used or intended for supporting or sheltering any use or occupancy, typically for any form of human activity. A building also may refer to a historically and functionally related unit, such es a courthouse and jail or a house and bern. Examples of buildings include: carriage house, church, garage, hotel, house, library, school, shed, store or theater. Cer~ficateofapprol~fateness. A docurnent issued by the historic preservation commission indicating its approval of plans for an alteration or activity which will: (1) Create a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; and (2) Require a regulated permit. Certificate of economic ........ ;,p non-viability. A document issued by the historic preservation comm~sslen which acknowledges an exception es herein defined and which authorizes an alteration or activity: (1) Which creates a matedal change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; (2) Which requires a regulated permit; and (3) For which a certificate of appropriateness has been or would be denied; however, a certificate of economic hc:dsh~, non-viability shall be issued only upon a showing that the property owner will be deprived of any reasonable economic return on the property if not allowed to proceed with the requested alteration or activity. Commission: The Dubuque Historic Preservation Commission, as established by this chapter. 3 Districb. A definable geographic area that can be distinguished from surrounding properties, and which possesses a significant concentration, linkage, or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Demolition: Any act or process which destroys in part or in whole a landmark or a structure. Design guideline: A standard of acceptable activity which will preserve the prehistoric, historic, architectural, archeological and cultural character of a building, district, landmark, site or structure. Determination of no material effect:. A document issued by the city manager or the city manager's designee indicating approval for any normal repair or act of maintenance as defined by this chapter, which: (1) Is not an alteration, construction, removal, demolition or excavation as defined by this chapter;, (2) Does not create a matedal change in the extedor amhitectural appearance or extedor features of a structure or site; and (3) Nonetheless does require a regulated permit. Excavation: The digging out or removal of earth, soil. Exterior amhitectural appearance: The amhitectural style and character and the general composition and arrangement of the exterior of a building or structure. Exterior features: The amhitectural style and the general design and arrangement of the extedor of a structure, including, but not limited to, the kind and texture of the building material(s), and the type, style and arrangement of all windows, doom, light fixtures, signs and other appurtenant elements, or the natural features of a landmark, landmark site or structure. In the case of outdoor advertising signs, "exterior feature" includes the style, material, size and location of the sign. Historic district An area designated by ordinances of the city council which: (1) Has defined geographic boundaries; (2) Contains contiguous pieces of property under diverse ownership; and (3) Is one or mere of the following: a. Significant to Amedcan history, architecture, prehistoric or historic archaeology or culture; or b. Possesses integrity of location, design, setting, materials, workmanship, feel and association; or c. Associated with events that have been a significant contribution to the broad patterns of our prehistory or history; or d. Associated with the lives of persons significant with our past; or e. Embodies the distinctive charaCteristics of a type, period, or method of construction; or f. Represents the work of a master; or g. Possesses high artistic values; or 4 h. Represents a significant and distinguishable entity whose components may lack individual distinction; or i. Has yielded, or may be likely to yield, information important to prehistory and history. Historic significance: (1) The structure(s) or site(s) has a strong association with the life or activities of a person or persons who have contributed to or participated in the historic events of the nation, state or community; or (2) The structure(s) or site(s) is associated with an association or group (whether formal or informal) which has contributed to or participated in historic events of the nation, state or community; or (3) The structure(s) or site(s) or object(s) is associated with an antiquated use due to technological or social changes in the nation, state or community, such as, but not limited to, a blacksmith's shop or railroad trestle; or (4) The site(s) or object(s) is a monument to or a cemetery of historic personages. Improvemen~ Any building, structure, parking facility, fenca, gate, wall, work of art or other object constituting a physical betterment of real property, or part of such betterment. Integrity: The original, unaltered or historically altered appearance of a structure, site or area when taken as a whole. Landmartc. A property or structure designated by ordinance of the city council pursuant to procedures described herein, that is worthy of preservation, rehabilitation or restoration because of its prehistoric, historic, architectural, archeologicat or cultural significance to the city, the state or nation. Landmark site: Any parcal of land of prehistoric or historic archeological significance, or historic significance due to its substantial value in tracing the prehistory or history of cbcd.~,~=l mc,~ Native Americans, or upon which a historic event has occurred, and which has been designated as a landmark site under this section, or an improvement parcel, or part thereof, on which is situated a landmark and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated. Material change of appearance: Any change, alteration or modification of the external architectural appearance or exterior features of a building, improvement, structure or property which is visible from the public way and for which a regulated permit is required for compliance with applicable local codas, including, but not limited to: (1) Changes in the exterior size, configuration, fenestration or other structural features of the property; or (2) Construction or reconstruction; or (3) Demolition; or (4) Any alteration in the size, location or appearance of any sign on the property;, or 5 (5) Any excavation on property or the deposit of any waste, fill or other matedal on property. (6) For individual histodc districts, the definition of "material change in appearance" may be expanded to include additional activities for which a cert~cate of appropriateness is required. Such additional activities shall be delineated in the ordinance designating an individual district or by amending the distdct designating ordinance, in the case of a district that has been previously designated. Object: As distinguished from buildings and structures, objects are those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may he, by nature or design, movable, an object is associated Nth a specific setting or environment. Examples of objects include: fountain, milepost, monument, sculpture or statuary. Owner of record: Any person, firm, corporation or other legal entity listed as owner on the records of the County Recorder of Dubuque County. Preservation alternatives: Financial incentives and restoration alternatives sufficient for the property o~mer to earn a reasonable economic return. Financ'al incentives include, but are not limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration alternatives include, but are not limited to, different materials, techniques or methods for rehabilitation of historic buildings and structures, or archeological sites. Regulatedpermi~. An official document or certificate issued by the building official, city engineer or other official of the city pursuant to provisions of the building code or other ordinance or regulation, and which authorized the performance of a specified activity. Repair. Any change which does not require a building permit, and which is not construction, removal or demolition. Sca/e: In a building or structure, the relationship of the vertical, horizontal and volume measurements; the relationship of the parts to one another within a building, or structure or in comparison to other buildings or structures within that vicinity. S/te: the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Examples of sites include: cemetery, designed landscape, habitation site, natural feature having cultural significance, rock carving, rock shelter, ruins, trail or village site. Structure: Anything constructed or erected, the use of which requires a permanent Or temporary location on or in the ground, including, but not limited to, the following: b'-';.Id!c.;=, earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including 6 supporting towers, and swimming pools. As distinguished from buildings, structures are those functional constructions made usually for purposes other than creating human shelter. Sec. 25-3. Histodc preservation commission established; membership; term of office; vacancies in (a) The historic preservation commission is hereby established and shall consist of seven (7) members who shall be residents of the city. (b) Members of the commission shall be appointed by the city council as follows: One resident from each designated historic preservation district, including the districts hereinafter established; and two (2) at large members. Each member shall possess qualifications evidencing expertise or interest in architecture, history, archeology, law, construction or building rehabilitation, city planning or cons~ion in general. One commission member shall be a licensed architect. (c) The odginai appointment of the members of the commission shall be as follows: Two (2) for one year; two (2) for two (2) years, and three (3) for three (3) years, from July 1 of the year of such appointment or until a successor is named to serve out the unexpired portion of a term of appointment or until a successor is appointed to serve for a term of three (3) years. Members appointed thereafter shall serve three-year terms. (d) Vacancies occurring in the commission, other than through expiration of term of office, shall be only for the unexpired portion of the term of the member replaced. Each member shall serve until the appointment of a successor. (e) Members may serve for more than one term. (f) Vacancies shall be filled by the city council in accordance with the requirements set forth above. (g) Members shall serve without compensation. Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetinqs; record of actions; attendance at meetin.qs. (a) The commission shall elect from its membership a chairperson and vice chairperson, whose terms of office shall be fixed by bylaws adopted by the commission. The chairperson shall preside over meetings of the commission and shall have the dght to vote. The vice chairperson shall, in cases of absence or disability of the chairpersOn, perform the duties of the chairpemon. (b) The city manager shall designate a pemon to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the commission. (c)The commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the 7 calling of special meetings by the chairperson or by at least three (3) members of the commission and quorum requirements. (d) All meetings of the commission shall be subject to Iowa Code Chapter 21, the Iowa Open Meetings Act. (e) The commission shall keep a record of its resolutions, proceedings and actions. The records shall be subject to Iowa Code Chapter 22, the Iowa Public Records Act. (f) A quorum of the commission shall be required in order to transact business. (g) The affirmat'n/e vote of a majority of commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the commission. (h) The vote of each member of the commission shall be recorded. (i) A member of the commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve-month period. If any member does not attend such prascdbed number of meetings it shall constitute grounds for the commission to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. (j) The commission shall file with the city council a copy of the minutes of each regular and special meeting of the commission within ten (10) worldng days after each meeting. Sec. 25-5. Powers and duties generally; procedures.for operations. (a) The general duties and powers of the commission shall be as follows: (1) To promote and conduct educational and interpretive programs on historic properties within its jurisdiction; (2) To develop and adopt specific standards for review and design guidelines, in addition to those set forth in Section 25-10(a) of this chapter, for the alteration of landmarks, landmark sites or property and structures within historic districts; (3) To adopt its own bylaws; (4) To identify, evaluate, register, manage and protect signirmant prehistoric and historic archeological sites; (5) (4) To conduct an on-going survey to identify historically, archeologically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political, archeological or architectural history of the nation, state or city; (6) (6-) To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeotogieal or cultural value or significance as "historic districts"; 8 (7) (6) To reseamh and recommend to the city council the adoption of ordinances designating properties or structures having historic, architectural, archeological or cultural value or significance as "landmarks" or "landmark sites"; (8) (:~ To maintain a register of all properties and structures which have been designated as landmarks, landmark sites or historic districts, including all information required for each designation; (9) (8) To assist and encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places, and review and comment at a public hearing on any National Register nomination submitted to the commission upon the request of the mayor, city counc~'l or the State Bureau of Historic Preservation; (10) (9) To confer recognition upon the owners of landmarks or of property or structures within historic districts; (1'1) ~ ..., To review in-progress or completed work to determine compliance with specific certificates of appropriateness or certificates of economic ?.c,'~c~¥ non-viability; and (12) (I I) To serve as an advisory design review body to the city council for review and approval of public works projects which have histodc preservation ~mpllcafion ............ .~ ...... j .....~ cc'c~c~l in historic districts, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way, (b) The commission shall be governed by the administrative, personnel, accounting, budgetary and procurement policies of the city. Sec. 25-6. Identification and desiqnation of landmarks, landmark sites and historic districts. (a) Generally. The commission may conduct studies for the identification and nomination of landmarks, landmark sites and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. (b) Nomination. (1) Landmarks and landmark sites. The nomination of landmarks and landmark sites shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. (2) Histo#c dist#cts. The designation of histodc districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the clt7 council, or any other person or organization. When a commissioner, as a private citizen, nominates an historic district for designation, the nominating commissioner shall 9 abstain from voting on the designation. This provision shall not extend to a designation motion presented by a commissioner as part of commission proceedings. (c) Criteria for consideration of a nomination. The commission shall, upon such investigation as it deems necessary, make a determination as to the following: (1) The nominated property, structure, object, site or area: a. Is of amhitectural significance, as defined by this chapter; or b. Is associated with events that have made a significant contribution to the broad p~s of the history of the City of Dubuque, Dubuque County, the State of Iowa or the nation; or c. Is associated with the lives of persons significant in the past the City of Dubuque, Dubuque County, the State of Iowa or the nation; or d. Has yielded, or may be likely to yield, information important in pre-history or history;, and (2) The structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and (3) The structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it has achieved significance within the past fifty (50} years and is of exceptional importance. (d) Notification of nomination. Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the date of the heating, to the owner(s) of record of the nominated landmark, landmark site, or property within the nominated historic district and to the nominator(s). Notice shall also be published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. (e) Public hearing. Oral or written testimony concerning the significance of the nominated landmark, landmark site or histodc distdct shall be taken at the public headng from any interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site or historic district with the criteria set forth in paragraph (c) above. The owner of any nominated landmark, landmark site or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross-examine expert witnesses. The headng shall be closed upon completion of testimony. (f) Determination by the commission, recommendation and report. Within thirty (30) days following the close of the public headng, the commission shall make a determination upon the evidence as to 10 whether the nominated landmark, landmark site or historic district does or does not meet the criteda for designation. Such determination shall be made in an open meeting by resolution of the commission, shall be reduced to writing in the form of a recommendation and shall be supported by a wdtten report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site or historic district, and its supporting report, shell be filed with the long range planning advisory :c.".¥..~ commission, and shell include a proposed ordinance or amendment establishing such landmark, landmark site or historic district and describing its location and boundaries by address and legal description. (g) Action by long range planning advisory zc,~J.-,~ commission. Within sixty (60) days after receipt of the commission's recommendation, report and proposed ordinance or amendment, the tong range planning advisory -'-chang commission shall report to the city council with respect to the relation of the nomination to the general development plan, zoning ordinance, proposed public improvements and any plans for the renewal of the area involved. Upon submission of the report of the long range planning advisory :cn!,-,.~ commission, or upon the expiration of the sixty-day pedod, the matter shall be transmitted to the city council. (h) Action by city council. (1) The city council shall submit the proposed ordinance or amendment to the Bureau of HiStodc Preservation of the State Historical Society of Iowa for review and recommendations at least forty-five (45) days pdor to the date of any public hearing conducted by the city council. Any recommendations made by the Bureau of Histodc Preservation shall be made available by the city to the public for viewing dudng normal working hours at a city government place of public access. (2) Upon receipt of the recommendation and report of the histodc preservation commission and the report of the long range planning advisory =c,~,,.,3 commission, and after having received a recommendation from the Bureau of Historic Preservation or if the forty-five-day waiting period has lapsed since submission of the request for such recommendation, the ctty council shall conduct a public headng on the ordinance or amendment establishing the proposed landmark, landmark site or historic preservation district. After public headng, the c*~ council shall approve or disapprove the ordinance or amendment, or refer the nomination back to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. (3) City council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site or histodc district. (i) Amendment and rescission of designation. A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and according to the same cdteda as set forth above for designation. Sec. 25-6.1. Lan,qworth¥ Historic Preservation District. The properties hereinafter described are hereby designated as a historic presewation district, according to the provisions of this chapter, to wit: Alt of Lots I through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 1ZA through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; ali being in McCoy SubdMsion. Ail of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feat of all of them; all being in Mrs. L. A. Langworthy's Addition, All of Lots I through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots I through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot I of Lot 1 of Lot I of Lot 33; and Lot I of Lot 2 of Lot 2 of Lot 33; all being in T. S. Naim's Dubuque Addition. Sec. 25-6.2. Old Main Historic Preservatiqn District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: Ail of city Lots I through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot I Block XV of Dubuque Downtown Plaza. Sec. 25-6.3. Jackson Park Histodc Preservation,District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M. A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 5-2-C.L. 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 1-1A-Dorgan's Sub.; southwest along said line and along the east line of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D.N. Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east along said line 12 to the east line of said lot; south along said tine and the east line of Lot 2-3-C.L 667 to the south along said line of Lot 2-1-C.L 667; east along said line to Bluff Street; south along Bluff Street to the south line of A.L Brown's Sub.; west along said line to the east line of Lot 769B of A. McDaniel's Sub.; south along said line and the east fight-of-way line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south along said line and its extension to West 9th Street; east along West 9th Street to Locust Street; north along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; east along said line and its extension to the east line of the west 33 f~et, north 1/5-C.L 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Street and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the point of beginning. Sec. 25-6.4. Cathedral Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to provisions of this chapter, to wit: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of Lot 5-C.L 653A; southwest along said line to the southwest line of said lot; southeast along said line to the northwest line of the north fifty (50) feet of LOt 1-1-C.L 653; southwest along said tine to the northeast line of Codell's Dubuque Sub.; first southeast then in a clockwise manner along said line to West Frith Street; southeast along West Fifth Street; to the northwest line of the west one hundred seven and fwe-tenths (107.5) fee{-west one hundred seventy (170) feet-C.L 624; southwest along said line to the northeast line of Cooper Heights Sub; southeast along said line and along the northeast line of Lot 1-1-1-1C.L. 692 to the north right-of-way line of West Fourth Street; southwest along said right-of-way line and along the northwest tine of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon Point Sub.; first northeast then in a clockwise manner along said line to the southwest line of Lot 1-E. seventy-eight and five-tenths (78.5) feet south one hundred (100) feet-C.L. 692; southeast along said line to West Third Street to the southwest line of Saint Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L. 694; first northeast then in a clockwise manner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west right-of-way line of Bluff Street; southeast across Bluff Street to the northeast line of C.L 589A; continuing southeast along the northeast line of C.L. 589A and the northeast line of C.L 589 and the northeast line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along 13 Locust Street to the southwest line of the south fifty (50) feet-C.L 568; northwest along said line to Bissell Lane; north along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West Seventh Street, the place of beginning as described herein. Sec. 25-6.5. West Eleventh Street Histodc Preservation District. The properties hereinafter descdhed are hereby designated as a histodc preservation district, according to provisions of this chapter, to wit: Beginning at the intersection of Lores Boulevard and Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said south line to the east line of Lot 769B of A. McDaniel's Sub.; south along said east line and along the east right-of-way line of Grove Terrace and along the east line of Cerkery's Sub. to the north line of Lodmer's Sub.; east along said north line to the east tine of Lot 1-1-1-11-Lodmer's Sub; south along said east line and its southedy extension to West 9th Street; west along West 9th Street to the west line of Central Addition; north along said west line to the south line of the east twenty-seven (27) feet-Lot 3-C.L. 703; west along said south line to the west line of said lot; north along said west line to the north line of the west one hundred thirty-nine (139) feet-Lot 3-C.L. 703; west along said north line to the east line of Lot 2-46A-Fadey's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the west line of Lot 2-46A-Fadey's Sub.; south along said wast line to the south line of Lot 1-46-Fariey's Sub.; west along said south line and along the south line of Lot 1-45-Farley's Sub. to the west line of said Lot 1-45; north along said west line to Wilbur Street; west along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2-43-Fafley's Sub.; west along said south line to the east line of the south eighty (80) feet-Lot 37-Fadey's Sub.; north along said east line to the north line of said tot; west along said north line to the east line of Lot 38-Farley's Sub.; north along said east line to Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line of Lot 1-1-1-3-C.L, 738 and along the west line of Lot 2-1-3-C.L. 738 and along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West Eleventh Street to the wast line of Lot 12 of Cummin's Sub.; north alon the west lines of Lots 11, 10, 9 end 8 of Cummin's Sub.; north across Race Street; north along the west line of Lot 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west property rme of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east along the north line of the E. 150' of Lot 5 of C.L 740 to Walnut Street; north along Walnut Street to Loras Boulevard; east along Loras Boulevard to Henion Street; north along Henlon Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7-C.L. 667; south along said east tine to the south line of Lot 1-4-C.L. 667; first east line then in a counter-clockwise manner along the southerly 14 lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot 2-1-C.L. 667; south along said west line of the south line of Lot 2-1-C.L 667; east along said south line to Bluff Street; south along Bluff Street to Loras Boulevard, the place of beginning. Sec. 25-6.6.. William M. Black Landmark. The structure hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor, Sec. 256.7. Dubuque City Hall Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50 West 13th Street. Sec. 256.8. Dubuque County Courthouse Landmark. The property hereinafter described is hereby designated es a landmark, according to the provisions of this chapter, to wit: The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central Avenue. Sec. 256.9. Dubuque County Jail Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th Street. Sec. 256.10. Julien Dubuque Monument Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The structure situated on Pt. Lot 1, Government Lots I and 2, located at terminus of Monument Drive. 15 Sec..25-6.,1.1. Mathias Ham House Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on Lot I of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. Sec. 25-6.12. Shot Tower. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. Sec. 25-7. Demolition of landmarks, landmark sites or structures in histodc districts; demolition by neglect; certificate of economic h'"'~$hip non-viability. (a) Demolition generally. Demolition of landmarks, landmark sites or structures within historic districts is prohibited unless, upon application and after headng, the commission issues a certificate of appropriatenass or a certificate of economic ha,dshlp non-viability pursuant to Section 25-9(h) of this chapter. (b) DemoliEon by neglect prohibited, The owner of real property in any historic district or of a landmark or landmark site shall preserve and keep from deterioration all buildings and structures located on such real property, The owner must repair the building or structure to correct any of the following defects found by the City's designated enforcement officer: (t) parts which am improperly or inadequately attached so that they may fall and injure parsons or property; (2) a deteriorated or inadequate foundation; (3) defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; (4) walls, pa,;;;;ons or other vertical supports that split, lean, list or buckle due to defect or deterioration or are insufficien~ to carry the load imposed; (5) ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; (6) fireplaces and chimneys which list, bulge or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; (7) deterloratsd, crumbling or loose exterior stucco or mortar; (8) deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; 16 (9) defective or lack of ~ather protection for exterior wall coverings, foundations or floors, including broken windows and doors; (10} any default, defect or condition in the structure which renders it structurally unsafe or not property watertight;, (11) accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles, and other refuse; (t2} deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or (13) deterioration or removal of any unique architectural feature which would detract from the original architectural style. Sec. 25-8. Alteration of landmarks, landmark sites or structures in histodc districts; determination of no matedal effect; certificate of appropriateness; review of preservation alternatives; ce~'ificate of economic .........~. non-~,ability. (a) After designation of a landmark, landmark site or historic district by the city council, any proposed aEc=ration or activity which will affect a landmark, landmark site or structure or site within any historic district, and for which a regulated permit is required, shall be reviewed by the historic preservation commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a regulated permit as herein defined. (b) No regulated permit may be issued prior to review by the commission. (c) Upon review, the commission shall have the authority to take the following actions: (1) Authorize the proposed project, determination of no matedal effect. a. If an application submitted to the commission demonstrates compliance with the "Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation ~A,....~.;_.~,...,.......u...., r~_.v.,,*- 1970 the Secretary of Interior's Standards and Guidelines for the Treatment of Historic Properties, and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Histodc Buildings," codified as 36 CFR 68, as amended, as established by this chapter and, pursuant to the bylaws adopted by the commission, a determination may be made that such work or activity would: 1. Not result in a matedal change in appearance; or 2. Not be visible from the public way. 17 b. The city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission heark~. (2) Approve the proposed project; certificate of appropriateness. a. The commission shall issue a cer{ificate of appropriateness if, upon application and after hccr~n.~ a public meeting, it finds: 1. That the property owner or the property owner's representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the commission and conforms to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, histodc or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness shall enable the applicent to obtain a regulated permit and to proceed with the proposed alteration or activity. (3) Disapprove the proposed project; review of preservation alternatives; certificate of appropriatenes~ The commission shall issue a certificate of appropriateness, upon application for and after hearing a review of preservation alternatives, it finds: t. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed alteration or activity comply with the standards for review set forth by this chapter and regulated by the commission, and conform to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to he done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness after a review of preservation alternatives shall enable the applicant to obtain a regulated permit and to proceed with the proposed alteration or activity. 18 (4) {-3) Disapprove the proposed project; certificate of economic hc~ch~,~, non-viability. The commission shall issue a certificate of economic hardship non-viability, upon application or upon its own motion, if: a. A review of preservation alternatives has been conducted and a certificate of appropriateness has been denied; and b. The commission determines that disapproval of the proposed work or activity would prevent the property owner from earning any reasonable economic return from the property. In considering whether the property has been prevented from earning any reasonable economic return, the commission shall deny the certificate of non-viability where the inability to earn any reasonable economic return has been created by the property owners' conduct including, but not limited to, neglect of maintenance or absence of bona fide attempts to esm a reasonable economic return. (d) The building official, city engineer or other local authorities shall not issue a regulated permit until there has been a determination of no matedal effect or a certificate of appropriateness or a certificate of economic h=-d=h~, non-viability issued. (e) The transfer of a determination of no material effect, certificate of appropriateness or certificate of economic h~d=h~p non-viability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. (f) Each determination of no material effect, certificate of appropriateness or certificate of economic hc~sh~, non-viability issued under the provisions of this article shall expire and become null and void if the alteration, construction, repair, removal, demolition or excavation for which the determination of no matedal effect, certificate of appropriateness or certificate of economic hc;d=h~g non-viability was issued is not initiated within one (1) year of its issuance. Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application for review of preservation alternar-'ives; application for certificate of economic ?.c.'dch!p non-viability. (a) Application for regulated permit shall be made to the appropriate city official. The application shall state or the appropriate city official shall determine that the proposed alteration, activity or demolition is to be done on a landmark, landmark site or on a structure within a histodc district. (b) Upon the filing of such permit application, the appropriate city official shall notify the applicant that the matter must be reviewed by the historic preservation commission before a regulated permit can be issued. (c) If a permit application demonstrates compliance with the provisions for a "determination of no material effect" as established by this chapter, then the city manager or city manager's 19 designee shall make such determination and may issue a "determination of no material effect", which shall authorize the proposed work or activity to proceed without a public meeting of the commission. If a permit application does not demonstrate compliance with the provisions for a "determination of no material effect" as established by this chapter, then a refluest-~ an application for design review by the commission of the proposed work, activity or demolition must be made by the applicant. Application for commission review shall be filed in the ,-- ...... ;*.. ~.~ = .... ;.. r~......~ .... '~ Planning Services Department (d) Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall meat within twenty-one (21) days after the filing of the application for commission review. The commission shall review the proposed project according to the duties and powers specified in this chapter. In reviewing the proposed project, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional drawings, sketches, photographs or other exhibits as it deems reasonably necessary for consideration of the application. (e) The commission shall approve or disapprove such plan. (f) If the proposed project is approved, the commission shall issue a certificate of appropriateness. (g) If the commission disapproves such proposed project, it shall state its masons and shall transmit to the applicant a wdtten record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal which, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. (h) Prior to filing an application for a certificate of economic non-viability, as provided for in subsection (i) below, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain preservation alternatives es defined herein, including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. (1) After a review of rite preservation alternatives, the commission shall approve or disapprove such plan. (2) If the proposed project is approved, the commission shall issue a certificate of appropriateness. (3) If the commission disapproves such proposed project, it shell state its reasons and shall tranSmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal which, if adopted, would cause the 20 commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. (~lf the commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a certificate of economic non-viebility. (1) Upon application or motion for a certificate of economic ~=;dc.".!p non-viability, the commission shall schedule a public meeting on that application or motion. (2) Data to he provided by the applicant. The commission may solicit expert testimony or require that the applicant for a certificate of economic ,k.=~C.k.~p non-viability make submissions concerning any or all of the following information before rendering its decision: a. Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would he incurred to comply with the recommendations of the historic preservation commission for changes necessary for the issuance of a certificate of appropriateness; b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use; d. In the case of a proposed demolition, an estimate from an architect, developer, reel estate consultant, appraiser or other real estate professional experienced in rehabilitation, es to the economic feasibility of rehabilitation or reuse of the existing structure on the property; e. The amount paid for the proper[y, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer,, f. If the property is income-producing, the annual gross income from the property for the previous two (2) years; g. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; h. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; i. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; 21 j. Any listing of the property for sale or rent, pdce asked and offers received, if any, within the previous two (2) years; k. The assessed value of the property according to the two (2) most recent assessments; I. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid; m. The form of ownemhip or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other, n. Any other information considered necessary by the commission to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including but not limited to the income tax bracket of the owner(s) or applicants or of the principal investor(s) in the property; o. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and a economic return from the property; and p. A showing of the applicant's efforts in ongoing maintenance and repair. (3) Determination of economic hc."J-:h!; non-viability. The commission shall review all of the evidence and information required of an applicant for a certificate of economic hcrdch~p non- viability; and a. If the commission finds that disapproval of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission shall: 1. Immediately issue a certificate of economic hc,'d.:h~, non-viability;, or 2. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic hcrdchip non-viability. During this time, the commission shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued dudng this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty-day pedod, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a certificate of economic hcrd:h~, non-viability. b. If the commission finds, after initial review or after the one hundred eighty-day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the property, then the commission shall deny the application for a certificate of economic h--.,'d..ch¥, non-viability. (j) No regulated permit shall be issued authorizing a material change in appearance of a landmark, landmark site or of a structure or site within a histodc district until there is a determination of no 22 matedal effect or a certificate of appropriateness or a certificate of economic hardship non-viability flied with the building official orthe city official authorized to issue the necessary regulated permit. (k) In the event the commission disapproves of a proposed project, the notice of disapproval shall be binding upon the building official, city engineer or other local authority, and no permit shall be issued in such a casa. (I) The failure of the commission to approve or disapprove an application for a certificate of appropriateness within sixty (60) days from the date of the filing of an application, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval, unless within such sixty (60) days the commission has made a determination of economic hc;d=h~ non-viability and has suspended its decision regarding a certificate of economic h-.:~ch!p non-viability pursuant to subsection (h)(i)(3)a.2. Sec. 25-10. Standards for review. (a) The commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or histodc significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. (b) The "Secretary of Interior's Standards and Guidelines for Archaeology and Histodc Preservation", ·, vj ............. ~.v,,, ......... the Secre of Interior's Standards and Guidelines for the Treebnent of Historic Properties, and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68, as amended, shall provide the guidelines by which the commission shall review an application for a certificate of appropriateness or certificate of economic hardship, non-viability, and any subsequent revisions of these standards and guideli~",=s by the Secretary of the Interior may shall be adopted by the commission. (c) The commission shall also be guided by any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. Sec~ 25-11. Appeals from commission action. (a) An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal w~th the ............. ] ....~,,,,,,,,,,,,v --v-~'~r"'~"-nA"A' ..... ' Planning Services Department within thirty (30) days from the date of notice of the commission's action. 23 .... ;~, ~.. - r~,,~ ..... * Planning Services (b) Upon filing of a notice of appeal, the Com ........ , .... = ....... Department shall immediately transmit such notice and the record of the action before the commission to the city clerk. (c) On appeal, the city council shall consider only the record of the action before the commission. No new matter may be considered. (d) The city council shall consider whether the commission has exemised its powers and followed the guidelines established by law and the histodc preservation ordinance [this chapter], and whether the commission's action was patently arbitrary or capricious. (e) The city council may affirm or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give written notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. (f) An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days of the city council's decision to the Distdct Court for Dubuque County, pursuant to Iowa Code Section 303.34. Sec. 25-12. Inspection. (a) After a certificate of appropriateness or certificate of economic hcrdchi~, non-viability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the approved plans. (b) Histodc preservation commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. Sec. 25-13. Violations; penalties. It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of Section 1-8 and Sections 1-15 through 1-17 of the City of Dubuque, Cede of Ordinances. IcarstenN~p/Hpc/h pord#1 .doc 24 Planning Services Department 50 West I3th Street Dubuque, Iowa 520014864 Phone (319) 589-4210 Fax (319) 589-4221 February 12, 2001 The Honorable Mayor and City Council City of Dubuque 50 W. 13th Street Dubuque, IA 52001 RE: Recommended Initiatives to support Historic Preservation in Dubuque Dear Mayor and City Council Members: This letter transmits the recommendations of the Historic Preservation Commission and the Preservation Task Force to support historic preservation in Dubuque. Commission and Task Force members will be available to answer questions when the City Council considers these initiatives at your February 19, 2001 meeting. The initiatives are highlighted below, with more extensive information on each recommendation provided in the enclosed summary. 1. Expand the Urban Revitalization Program to include all historic districts. 2. Ask the State Legislature to amend the Iowa Code pertaining to appeals of HPC actions to the City Council, to provide an alternate mechanism for appeals. 3. Direct the HPC to work with the Dubuque Area Board of Realtors to: · provide information for potential purchasers of property within a historic district regarding historic preservation regulations and incentives, and · include information on the purchase agreement form, the abstract and the deed that the property is in a historic district. 4. Direct the HPC to form a Historic Preservation Forum to fund or provide historic preservation services beyond the City, through partnerships with local organizations. The Historic Preservation Commission and the Preservation Task Force recommend that the City Council adopt the recommended initiatives to support historic preservation in Dubuque. Sincerely, Terry Mozena, Chairperson Historic Preservation Commission Enclosures Io~mten/~p~Coun¢il~hpiniti~tiYe~ Jt~.do¢ Service People Integrity Responsibility Innovation Teamwork DISCUSSION OF RECOMMENDED INITIATIVES TO SUPPORT HISTORIC PRESERVATION Review by the City Council on February 19, 2001 The Historic Preservation Commission (HPC) and Preservation Task Force identified possible initiatives that would support historic preservation in Dubuque. The recommended initiative is shown in bold text, followed by a rationale for the recommendation. Recommendation #1: Expand the existing Urban Revitalization Program to include all historic districts. Presently, only the West 1 1a~ Street and Jackson Park Historic Districts are part of the Urban Revitalization Program. This program offers a property tax exemption for interior and exterior improvements that increase the tax assessment, and in turn the property taxes, for the residential property in older neighborhoods. Owners may receive a ten-year exemption from the property tax increase due to the improvements. Maintenance is not included in this program. An expansion of the Urban Revitalization Program to include all historic districts in this program would encourage long term property maintenance in these older ne!ghborhoods. Recommendation #2: Ask the State Legislature to amend Section 303.34 of the Iowa Code pertaining to appeals of HPC actions to the City Council, to provide an alternate mechanism for appeals. The City Council indicated that the appeal process needs to be revised, and that a different process needs to be available. Under State law, however, there is no other process. Section 303.34 of the Iowa Code describes the appeal process; it is the same as in the City's Historic Preservation Ordinance. In both codes, an aggrieved party may appeal the Commission's action to the City Council, and then on to district court. The City Council and the district court have to consider whether the Commission exercised its powers and followed the guidelines established by law and ordinance, and whether the Commission's action was "patently arbitrary and capricious". Given the wording of the State Code, it is not possible for the City Council to decline to hear any appeals from HPC actions. To have a different appeal process, State law must be changed. We believe that the City Council should ask the State Legislature to amend Section 303.34 of the Iowa Code, to provide an alternate mechanism for appeals, by adding this item to your list of 2001 Legislative Issues. Alternate mechanisms to propose to the Legislature are: to allow the City Council to decline to hear any appeals from HPC actions, for another governmental body to hear appeals, or for these appeals to be made directly to district court. Another way to potentially reduce the number of HPC appeals to the City Council is to amend the ordinance to add a Preservation Alternatives step (see Recommended Amendments to the Historic Preservation Ordinance). This step provides a mechanism to investigate alternative strategies such as financing, tax incentives, grant research, or alternative rehabilitation techniques materials or methods. We believe this new step would enable the HPC and staff to work in partnership with applicants to explore other options, which would help reduce the number of appeals to the City Council. Recommendation #3: Direct the HPC to work with the Dubuque Area Board of Realtors to: · provide information for potential purchasers of property within a historic district regarding historic preservation regulations and incentives, and · include information on the purchase agreement form, the abstract and the deed that the property is in a historic district. As a result of public input, the HPC identified the need to take additional steps to inform property owners and potential purchasers in historic districts about the existence of historic districts, and the regulations governing these districts. We discussed that this issue might be addressed in part if the City established a partnership with the Dubuque Area Board of Realtors. Through this partnership, the HPC would work with the Board of Realtors to have them provide a brochure or detailed information about historic preservation incentives and regulations for potential purchasers of property within a historic district. The HPC also would work with the Board of Realtors to add a disclosure line to the purchase agreement form, the abstract and the deed identifying the property as being located in a historic district. Recommendation #4: Form a Historic Preservation Forum to fund or provide historic preservation services beyond the City, through partnerships with local historic preservation organizations. The purpose of a Historic Preservation Forum would be to foster the cultural, educational, economic and general welfare of the public through the protection, enhancement and perpetuation of historic districts, sites and structures. These goals would be achieved through technical assistance teams, preservation resource center educational initiatives and neighborhood planning and advocacy. The Historic Preservation Forum would be a partnership for preservation comprised of the groups represented on the Preservation Task Force, as well as others. Icarstens/wp/Council/hpinitiatives,sum.doc CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Dubuque Jaycees/Peosta Channel Trail Project Plans are moving forward to construct the Dubuque Jaycees/Peosta Channel Trail Project. This project will be built on top of the existing levee. Upon review of survey data obtained by IIW, a discrepancy in design levee elevations and the actual elevations was observed. A review of this issue with Mr. Dave Vaxner, Flood Area Engineer, Corps of Engineers, concluded that the existing levee was overbuilt at several locations to accommodate for potential settlement after construction. Public Works Director Mike Koch is recommending that the levee be lowered by 1.6 feet to the original design elevation of 619.7 feet above sea level in one selected area. The levee will still be higher than the existing tow point of 619.1 feet, thereby having no effect on the overall flood protection capability of the levee. Lowering the levee in this specific location will provide several benefits to the overall trail project. The flat top of the levee will be wider, which will allow the trail to gradually meander from side to side rather than having a relatively straight trail alignment. A wider levee top will also allow greater flexibility to include trail amenities, including landscaping, seating area, and possibly a small plaza viewing area. I respectfully request Mayor and City Council approval of this design modification and the submittal of plans and specifications to the Corp of Engineers for their review and issuance of a Construction Permit. el C Van M~lhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM February 12, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Dubuque Jaycees/Peosta Channel Trail Project INTRODUCTION The purpose of this correspondence is to update you on the status of the Dubuque Jaycees Peosta Channel Trail Project and request authorization to make minor modifications to the top elevation of the levee. DISCUSSION IIW Engineers & Surveyors, PC has been hired as the consultant on the Dubuque Jaycees/Peosta Channel Trail Project, The Engineering staff has been working with IIW on conceptual plans, design parameters, and the proposed alignment for the new 12-foot wide pedestrian/bike trail between 16th Street and Shiras Avenue. The current width of the top of the levee is 6 feet, which is not conducive to the joint use of the trail for both pedestrians and bicyclists. Upon review of survey data obtained by IIW, a discrepancy in design levee elevations and the actual elevations was observed. A review of this issue with Mr. Dave Varner, Flood Area Engineer, Corps of Engineers, concluded that the existing levee was overbuilt (above the design level elevation) at several locations to accommodate for potential settlement after construction. Based upon existing survey data and Corps levee documentation, the design levee elevation at 1 6th Street is 619.7 feet, design levee elevation at Shiras Avenue is 620.5 feet, and the lowest point along the levee is 619.1 feet. At one specific location, the existing levee is 621.4 feet, or approximately 1.6 feet higher than the design levee elevation. Following an on-site meeting with the Corps of Engineers, City staff and IIW, City staff is proposing to lower the levee by 1.6 feet to the original design elevation of 619;7 feet in one selected area. The levee will still be higher than the existing Iow point of 619.1 feet, thereby having no effect on the overall flood protection capability of the levee. Lowering the levee in this specific location will provide several benefits to the overall trail project. The flat top of the levee will be wider, which will allow the trail to gradually meander from side to side rather than having a relatively straight trail alignment. A wider levee top will also allow greater flexibility to include trail amenities, including landscaping, seating area, and possibly a small plaza viewing area. RECOMMENDATION Based upon the review of Mr. Dave Yarner, Flood Area Engineer, I recommend that the levee be lowered in the subject area, to not less than the design elevation of the levee. However, official Corps of Engineer's approval will not be considered final until final plans and specifications are submitted to the Corps for review, and a construction permit is issued to the City. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the City Manager to sign the Corps of Engineers Construction Permit Application for the project, including lowering the top elevation of levee to not less than its design elevation. MAK/vjd Prepared by Robert D. Schiesl, Civil Engineer cc: Pauline Joyce, Administrative Services Manager Laura Carstens, Planning Services Manager Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING A REQUEST TO LOWER THE HEIGHT OF THE LEVEE WHERE APPROPRIATE FOR THE CONSTRUCTION OF THE DUBUQUE JAYCEES/PEOSTA CHANNEL TRAIL PROJECT Whereas, in the process of designing the JAYCEES/PEOSTA CHANNEL TRAIL PROJECT, it was determined that several sections of the earthen levee were constructed at an elevation higher than the design elevation of the levee, to allow for the possibility of some settlement of the fill; and, Whereas, the City and the U.S. Army Corps of Engineers has determined that this additional height is not needed and does not provide any additional level of protection against high water; and, Whereas, lowering the levee will provide a wider top on the levee, which can be used to give some design flexibility along the trail to include such amenities as additional landscaping, seating area, and possibly a small plaza viewing area; and, Whereas, the City Council concurs in the lowering of the levee to no less than its original design elevation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plans for the Jaycees/Peosta Channel Trail Project should incorporate the lowering of the earthen levee to no less than its original design elevation. Section 2. That the City Manager be authorized to sign the Corps of Engineer's Construction Permit application for this project, including the lowering of the levee. Passed, approved and adopted this _ day of _,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk PROPOSED "NEW" LEVEE ELEVATION KERPER BLVD. SIDE EXISTING TOP OF LEVEE DESIGN LEVEE ELEVATION PEOSTA CHANNEL FLOOD CONTROL LEVEE 00 PEOSTA CHANNEL SIDE 004 00 7�oOp °moo HP RAP0. 0 00 o° De° DUBUQUE JAYCEES / PEOSTA CHANNEL TRAIL PROJECT PROPOSED LEVEE MODIFICATIONS EXHIBIT "A" ENGINEERS & tVEYORS, P.C. 4155 PPM11Y LVANLA AVE, RIffit'VpELk 51010 1310)516"2461 FAX (115)556 7E11 00036-01 o, •p "flim °Net ter P OKY DOKY STA. 111+50 to 112+00 FD( BU/(DING STA. 104+50 to 110+50 —� PEOSTA CHANNEL STA. 110+50 to 111+50 GEORGIA PACIFIC STA. 117+50 to 118+00 STA. 122+50 to 124+50� � PEOSTA CHANNEL STA. 118+00 to 121+00 JAYCEE'S TRAIL -LEVEE CUTS sheet 1 DATE: 2-14-01 SCALE: 1"=100' IIW ENGINEERS & ` SURVEYORS, P.C. 4155 PENNSYLVANIA AVE. DUBUQUEJA 52002 (319)556-2464 FAX (319)556-7811 STA. 121+00 to 122+50 PEOSTA CHANNEL LEVY COAT LEGEND ..,.,.:.. ,,.� 3" TO 6" . .:. 6" TO 1.0' FEET 1.0' TO 1.5' FEET 00036-01 SANIFI-BI0 STA. 124+50 to 126+00 STA. 130+00 to 133+00 PEOSTA CHANNEL STA. 133+00 to 134+50 AIH rSTA. 134+50 to 136+00 STA. 136+00 to 138+50 MCGRAW HILL "'6" PEOSTA CHANNEL JAYCEE'S TRAIL -LEVEE CUTS sheet 2 DATE: 2-14-01 SCALE: 1'=100' IIW ENGINEERS & SURVEYORS, P.C. 4155 PENNSYLVANIA AVE. DUBUQUE,IA 52002 (319)556-2464 PAX (319)556-7811 LEVY CUT LEGEND „.e.,, ,,..,,,( 3" TO 6" 6" TO 1.0' FEET 1.0' TO 1.5' FEET 00036-01 STA. 145+00 to 147+50 STA. 149+50 to 15050 PEOSTA CHANNEL JAYCEE'S TRAIL -LEVEE CUTS sheet 3 DATE: 2-14-01 SCALE: 1"=100' UfaIIW ENGINEERS & SURVEYORS, P.C. 4155 PENNSYLVANIA AVE. DUBUQUE:1A 52002 (319)556-2464 FAX (319)556-7811 LEVY CUT LEGEND pawit:',: 3" TO 6" .„;,ti7r 4 '�d,�g X511 ” 6" TO 1.0' FEET j 1.0' TO 1.5' FEET 00036-01 leadership, and National League of Cities 1301 Pennsylvania Ave., N.W. Washington, D.C. 200044763 202~26-3000 Fax: 202-626-3043 January 31, 2001 Dan Nicholson Council Member 889 Walker St. Dubuque, IA 52001-4845 Dear Mr. Nicholson: ! am pleased to appoint you to serve on the Information Technology and Communications (ITC) Steering Committee for the National League of Cities. Congratulations and thanks for joining our efforts to make 2001 a great year for the nation's cities and towns. Your term begins now and will conclude at the adjournment of the Congress of Cities in Atlanta, Georgia, on December 8, 2001: Steering committees are comprised of approximately 35 local elected officials from NLC direct member cities. Each year the competition is keen to become a steering committee member. If you are unable to fulfill this commitment, please contact the NLC Policy Office at (202) 626-3020 as soon as possible. The responsibilities of steering committee members are to: · Evaluate problems, issues and policy options pertaining to the policy agenda set by the policy committee; Determine what, if any, changes are warranted in the National Municipal Policy for your committee's policy chapter; and Attend at least two meetings, in addition to the Congressional City Conference and Congress of Cities, to review staffreports, analyze policy studies, and draft specific policy recommendations for consideration and passage by NLC's membership in December. As a steering committee member, you are expected to participate in two meetings at the Congressional City Conference in Washington, DC, March 9 - 13. The ITC policy committee will meet Saturday, March 10 at 1:00 p.m. and the ITC steering committee will meet Sunday, March 11 at 7:30 a.m. The dates and places for the other two steering committee meetings will be determined at your committee's March 11 meeting. The 2001 Congress of Cities will be held December 4-8 in Atlanta, Georgia. Please return the enclosed Acceptance Questiounalre as soon as possible to confirm your acceptance. The information requested is vital for future communications with you. You may mm'l or fax the survey to Debra Johnson, (202) 626-3043. I look forward to your participation on the ITC Committee. This is going to be a banner year for cities and towns. Sincerely, Dennis W. Archer President Mayor, Detroit, Michigan CITY OF DUBUQUE, IOWA MEMORANDUM February 12, 2001 TO: The Honorable Mayor and Members of City Council FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing on City Budget INTRODUCTION The purpose of this memorandum is to submit two resolutions authorizing the publication of official notices of the public hearing required in connection with the adoption of the Fiscal Year 2002 City budget. DISCUSSION The public hearing on the Fiscal Year 2002 City budget will be conducted at 6:30 p.m. in the Carnegie Stout Public Library Auditorium on Tuesday, March 6, 2001. The public hearing will also cover the adoption of the five year Capital Improvement Program. State law requires a public hearing on the Operating Budget and the Five Year Capital Improvement Program. ACTION STEP The action step is for City Council to adopt the two resolutions authorizing the City Clerk to publish required notices of the public hearing on the Fiscal Year 2002 budget for the City of Dubuque. ~ ~,4 Mich'ael C. Van Milligen, City Manager Attachments CC: Barry Lindahl, Corporation Counsel Pauline Joyce, Administrative Services Manager Tim Moerman, Assistant City Manager NOTICE OF PUBLIC HEARING BUDGET ESTIMATE Fiscal Year July 1, 2001 - June 30, 2002 Ci[y of DUBUQUE The Ciby Council will conduct a public headng on the proposed Budget at on 03/05/01 at 6:30 p.m. (Date) x,,Cxx/'x'x (hour) The Budget Estimate Summaw of proposed receipts and expenditures is shown below. Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Total tax levy rate per $1000 valuation on regular properly .......... $ 10.76056 The estimated tax levy rate per $1000 valuation on Agricultural land is ........... $ 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any par[ of the proposed budget. , Iowa Carnegie Stout Public Library Auditorium Budget FY Re-estimated FY Actual FY 2~)Q2r 2g~l 2000 Non-Pro,ram 1~c 3.461.678 RESOLUTION NO. -01 RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON THE FISCAL YEAR 2002 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 2001-02 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 6, 2001, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget information. Passed, approved and adopted this day of February, 2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk RESOLUTION NO. -01 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year are included in the Fiscal Year 2002 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2002 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 6, 2001, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this__ day of February, 2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk CITY OF DUBUQUE PUBLIC HEARING The City Council of the City of Dubuque will hold a public hearing on the five year Capital Improvement Program covering the fiscal year beginning July 1, 2001 through the fiscal year beginning July 1, 2005 at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 6, 2001, beginning at 6:30 p.m. The public hearing will be held simultaneously with the public hearing on the Fiscal Year 2002 City budget. A copy of the five year Capital Improvement Program is available for public inspection in the City Clerk's Office, City Hall, 50 West 13th Street, Dubuque, Iowa, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. A copy of the five year Capital Improvement Program is also available for public inspection at the Carnegie Stout Public Library, 360 West 11th Street, Dubuque, Iowa. Interested individuals and representatives of organizations are urged to attend and participate in this public hearing. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589- 4120 or TDD (319) 589-4139 in the Human Rights Department at least 48 hours prior to the meeting. Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Mississippi River Discovery Center Utility Relocation Project Public Works Director Mike Koch is recommending that a public hearing be set for March 19, 2001 to consider the Mississippi River Discovery Center Utility Relocation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: February 14, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Mississippi River Discovery Center Utility Relocation Project INTRODUCTION The enclosed resolutions authorize the public bidding procedures for the Mississippi River Discovery Center Utility Relocation Project. BACKGROUND As part of the 4th Street Perfinsula development and the America's River Project, it is necessary for the City to relocate maderground utilities. Currently, the City's sarfitary sewer and water main, in addition to several public utilities including Alliant-Interstate, AT&T and Qwest are located within the proposed development footprint of the Mississippi River Discovery Center. All affected utilities must be relocated prior to construction of the River Discovery Center. For the past year, Engineering Staff has continued to work with the Historical Society and their project consultants on the development of the Mississippi River Discovery Center and the associated City and public utility relocations. IIW Engineers are the civil engineering consultants on the River Discovery Center project, and the City has retained IIW under contract to design and prepare construction plans for the sanitary sewer and water main utility relocation project. DISCUSSION The development of the utility infrastructure within the 4th Street Peninsula and the associated America's River Project shall take place in two (2) phases. Phase I shall include the relocation of both City and public utilities within the proposed footprint of the Mississippi River Discovery Center, and constructing a new utility infrastructure corridor. The proposed utility corridor is located through the existing parking lot, riming parallel to the 3~d Street Overpass between the Burlington Northern Depot Building and Bell Street. Phase II shall include the relocation and construction of both City and public utilities, north along Bell Street to service the Hotel and Education Conference Center. During the project development of the new sanitary sewer and water main infrastructure for the 4th Street Peninsula, staff consulted with both the Hotel-Water Park designers and the consultants for the Discovery Center Museum to determine estimated peak demand requirements. Based upon the sewer and water loads projected by the proposed facilities, the design of the new utility infi'astructure will service the existing facilities and yet provide sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. A major component of the America's River Project master plan is the incorporation and connectivity of information technology between the Discovery Center Museum, Hotel, Education Conference Center, Riverwalk and Amphitheater. To initiate the development of this technology component, the Mississippi River Discovery Center Utility Relocation Project shall include the construction of telecommunications conduit within the established utility corridor. The desi~ of the telecommunications infrastructure will provide sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. The development and design of the Phase I utility relocation project required extensive coordination and cooperation with the affected public utilities. All public utilities will be required to abandon and relocate their respective utility underground within the established utility corridor. Staff has recommended that all public utilities install their respective services to accommodate sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. The existing surface parking lot adjacent to the 3rd Street Overpass, between the Burlington Northern Depot Building and Bell Street, will be under construction and out of service for the duration of the project. Upon completion of the underground utility construction, the parking lot pavement will be replaced with a temporary asphalt surface. The temporary parking surface will be in-place throu~ the duration of the River Discovery Center construction operations. Additionally, preliminary plans for the reconfiguration of the parking lot, landscaping and lighting improvements are currently under review. PROJECTSCHEDULE The schedule for the Mississippi River Discovery Center Utility Relocation Project will be as follows: Advertisement for Bids Notice of Public Heating on Plans and Specifications Receipt of Bids Public Heating Award of Contract Completion Date February 23, 2001 March 2, 2001 March 8, 2001 March 19, 2001 March 19, 2001 June 1, 2001 RECOMMENDATION I would recommend that the City Council establish the date for the public heating, and authorize the City Clerk to advertise for proposals for the Mississippi River Discovery Center Utility Relocation Project. BUDGET IMPACT The construction cost estimate for the Mississippi River Discovery Center Utility Relocation Project is as follows: Sanitary Sewer Relocation Construction Water Main Relocation Construction Pavement Removal & Replacement Telecommunication Conduit Construction $112,200 $152,900 $112,800 $ 39,7OO Construction Estimate $417,600 Contingency (15%) Engineering (10%) $ 62,600 $ 48,OO0 Total Project Construction Estimate $528.200 The project will be funded with an allocation from the Fiscal Year 2001 Budget included $324,165 for this phase of the 4th Street Peninsula development utility relocation in addition to $126,880 for parking lot removal and improvements. An additional $77,500 will be used from the Water Replacement Capital Budget to cover the increased cost for the water main improvements. ACTION TO BE TAKEN The City Council is requested to establish the date for the public heating and to authorize the City Clerk to advertise for proposals through adoption of the attached resolutions. Prepared by Robert D. Schiesl, Civil Engineer cc: Gus Psihoyos, Assistant City Engineer Pauline Joyce, Administrative Services Manager Bob Green, Water Plant Manager Mike Brekke, Water Distribution Supervisor Gary Sejkora, IIW Engineers & Surveyors Mike Jansen, IIW Engineers & Surveyors Tom Oster, IIW Engineers & Surveyors Jerry Enzler, Mississippi River Museum Mark Hantelmann, Mississippi River Museum Prepared by: Michael A. Koch. Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 Mississippi River Discovery Center Utility Relocation Project, in the estimated amount of $528,200, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this day of _,2001. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Mississippi River Discovery Center Utility Relocation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of March, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 5200%4864 RESOLUTION NO. -01 NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Mississippi River Discovery Center Utility Relocation Project. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the Mississippi River Discovery Center Utility Relocation Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 19th day of March, 2001, in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD at (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2001. day of Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001~4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of February, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Mississippi River Discovery Center Utility Relocation Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mississippi River Discovery Center Utility Relocation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of March, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 19th day of March, 2001. Passed, adopted and approved this day of ,2001. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 1999 P.C. Concrete Paving Project - No. 1 Public Works Director Mike Koch is recommending acceptance of the construction contract for the 1999 P.C. Concrete Paving Project - No. 1 as completed by Horsfield Construction in the amount of $2,160,641.20. The final amount of the special assessments have been reduced by $43,320.33 (11.7%) below- the preliminary estimates. He further recommends that a public hearing be set for April 2, 2001 on a new watermain and sanitary sewer assessment added to the project at the request of a property owner. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: February 12, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director 1999 P.C. Concrete Paving Project - No. 1 (Bryant Street, Booth Street, and Van Buren Street) INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract of the 1999 P.C. Concrete Paving Project - No. 1, give preliminary approval to a Resolution of Necessity, establish the final schedule of assessments, and establish the date for a public hearing on the Resolution of Necessity. DISCUSSION Horsfield Construction, Inc. has completed work on the reconstruction of Bryant Street, Booth Street, and Van Buren Street in the amount of $2,160,641.20. Based upon final construction costs, the final amount of the special assessments for the paving improvement have been reduced by $43,320.33, which is 11.7 peroent (11.7%) below the preliminary estimates that were mailed to property owners for the public hearing. A portion of the assessments related to the cost of paving may qualify for the City's Iow- and moderate-income special assessment assistance program. Local Option Sales Tax Funds will provide 20% to 100% of the street assessments for eligible owner-occupied property. A summary of the income qualifications of the financial assistance program is attached. To allow sufficient administrative time to process financial assistance payments for Iow- and moderate-income families, the adoption of a final schedule of assessments will be delayed for approximately 45 days. In its place is a resolution adopting a preliminary schedule of final assessments. Property owners may use this period to apply for and receive final assistance that may reduce the amount of the assessment payable by the property owner. A new watermain and sanitary sewer assessment has been added at the request of a property owner of a vacant lot to have the public water and sewer extended and the laterals stubbed into the lot. The special assessment to the County is for a vacant lot which the County received in back taxes. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at $2,160,641.20. BUDGET IMPACT A summary of the project is as follows: Bid Final Construction Contract Contingency Engineering Traffic Signal Equipment 91,961,829.38 203,142.88 335,185.75 92,160,641.20 .00 226,867.33 6,543.OO Total Project Cost 92,506,701.01 92,394,051.53 The project will be funded as follows: Street Construction Fund Local Option Sales Tax Fund Special Assessments to Private Properties for Street Improvements Special Assessment Deficiency to be Paid by City Special Assessment to City-Owned Property Special Assessment to County Property (Paid by City) Special Assessment for Sidewalk Special Assessment to City-Owned Property for Sidewalk Watermain Assessment Special Assessment for Water Service Lines Sanitary Sewer Assessment Sanitary Sewer Construction Fund Water Depreciation Fund 759,432.67 9 724,459.40 1,060,892.90 975,259.82 346,589.87 313,371.52 2,799.89 5,259.16 4,241.21 7,388.91 0 724.97 12,754.96 2,252.54 1,816.05 1,576.84 0 7,141.23 65,992.92 42,013.74 0 1,833.90 102,493.28 125,138.24 149,687.26 9 180,848.26 Total Project Cost 92,506,701.01 $2,394,051.53 The Paving Project will be funded through the Fiscal Year 2000 appropriation of $3,029,700 of the Street Construction Fund. The project, as outlined, will require $1,715,712.94 of the Street Construction Fund. ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement, establishing the final contract amount, giving preliminary approval to the Resolution of Necessity, approving the preliminary final schedule of assessment, and establishing the date of the public hearing through adoption of the enclosed resolutions. MAK/vjd Prepared by Michael Felderman, Civil Engineer Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ACCEPTING IMPROVEMENT Whereas, the contract for the 1999 P.C. Concrete Paving Project- No. 1 (Bryant Street, Booth Street, and Van Buren Street) has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ~, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FINAL ESTIMATE Whereas, the contract for the 1999 P.C. Concrete Paving Project- No. 1 (Bryant Street, Booth Street, and Van Buren Street) has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $2,160,641.20. Section 2. That $376,303.64 of the cost thereof shall be assessable upon private property and $1,715,712.94 shall be paid from the Street Construction Fund. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO, -01 RESOLUTION APPROVING PRELIMINARY FINAL SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, to inclusive, are hereby determined to be the schedule of proposed assessments for the 1999 P.C. Concrete Paving Project- No. 1 (Bryant Street, Booth Street, and Van Buren Street) and the valuations set out herein are hereby approved. Passed, approved and adopted this day of , 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA BRYANT STREET (DODGE TO GRANDVIEW) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. OWNER VALUATION w/ GROSS DEFICIENCY NET PAVING WATER SERVICE SIDEWALK SEWER TOTAL NET LOT DESCRIPTION LEGAL IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT SULLIVAN'S SUB. Hems, Sally Jo (Contract from Eel & Rosemary Tegeler) 1 10-36-102-008 $93,870.58 $2,020.58 $0 00 $2,020.58 $0 00 $0.00 $0.00 $2,020.58 Hancock -Shaffer Partnership 2-2 10-36-102-007 $57,729,76 $499.76 $0 00 $499 76 $0.00 $0.00 $0.00 $499.76 Heiman, Doris 1-2 10-36-102-006 $114,72937 $1,109.37 $0.00 $1,109.37 $000 $000 $000 $1,109.37 S & 5 Investments 3 10-36-102-005 $52,685 78 $1,215.78 $0.00 $1,215.78 $000 $0.00 80.00 $1,215.78 Hancock -Shaffer Partnership 2-5 10-36-102-007 MIN. LOT 47 Fueiate, Arm V 2-2 10-36-102-004 $57,249.50 $939.50 $0.00 $939.50 $676.95 $000 $0.00 $1,61645 UNION ADD. Schmitt, Rachel J. 2-152 10-25-360-017 831,572.05 $992.05 80,00 8992,05 $0.00 $000 $000 8992.05 Hoffmann, Kevin 1. & Julie A 1-152 10-25-360-016 $95,538.35 $988.35 $0.00 $988 35 $0 00 $0.00 $0.00 $988.35 HotTmann, Kevin J. & Julie A. S1/2-151 10-25-360-015 $6,271,79 $841 79 $0 00 $841.79 $0.00 $0 00 $0.00 $841.79 Mei fold, Steven L NI/2-151 10-25-360-014 $68,576.05 8836.05 80.00 $836.05 $0 00 80 00 80 00 $836.05 SAUL'S SUB. Pans, Donald E. & Lawrence J, 1 10-25-360-013 $63,887.67 $907,67 $0.00 $907.67 $0 00 $0.00 $0.00 $907.67 Winders, David G. & Mary V. 2 10-25-360-012 $82,731.19 $901.19 $0 00 $901 19 $877.09 $0.00 $0,00 81,778.28 Koehler, David L. & Patricia 3 10-25-360-011 $59,294.72 $894 72 $0 00 $894.72 $877,09 $0.00 $0.00 $1,771 81 Healey, Patrick E. 4 10-25-360-010 $35,625 17 $1,035.17 $0,00 $1,035,17 $0.00 $000 $0.00 $1,035.17 McDermott, Melvin L&Loretta 5 10-25-360-009 $77,293.85 $1,063.85 80.00 $1,063.85 $0.00 $0.00 $0.00 $1,063.85 HOSKIN'S SUB City of Dubuque 2-5 $1,813,29 $313.29 $0.00 $313.29 $000 $000 $0.00 $313.29 Jahnsrud, Michael Ray & Kathryn R. 4 10-25-356-019 $45,496.40 $1,636.40 $0 OU $1,636.40 $0.00 $0.00 $0 00 81,636.40 Buckle, Scott J. 3 10-25-356-018 $96,422.73 $1,072.73 $0.00 $1,072.73 $74635 80,00 $0.00 $1,819.08 Kunneil, Robert A. 2 10-25-356-017 $66,266.36 $1,426.36 $000 81,426.36 $746.35 $0.00 $0.00 $2,172.71 Button, James Michael 2-1 10-25-356-016 848,036 14 $1,736.14 80,00 81,736.14 $746.35 $0.00 80,00 $2,482.49 Burton, Jaynes Michael 1-1 10-25-356-016 SCHILTZ-CURTIS ST. PL. Dubuque Sports Production 1-1 10-25-356-015 $66,098.89 $1,258.89 $000 $1,25889 $746.35 $0.00 $000 $2,005,24 Close, John F. & Jeanette M 2-1 10-25-356-014 $72,636.26 $1,066 26 $0.00 $1,066.26 $746 35 $0 00 $0.00 $1,812,61 City of Dubuque 1-2 $1,184.31 $184,31 $0.00 $184.31 $0.00 $0,00 $0.00 $184.31 BRYANT HILL SUB. Bryant Suites L L.P (contract from James Timmerman) 1 10-25-357-025 $273,267.14 $407.14 $0 00 $407 14 $0.00 $0.00 $0.00 $407 14 Timmerman, James P. 2 10-25-357-026 $9,486.37 $2,326.37 $0.00 $2,326 37 $0,00 $0.00 $0 00 82,326.37 MIN LOT 63 Rowell, Richard J. & Patricia M 2-3 10-25-357-026 $38,59124 $1,643 24 $0 00 $1,643.24 $772 67 $0 00 $0 00 $2,415.91 UNION ADD Lampe, Lail V. & Juan M. 1-2-2-70 & 71 10-25-357-019 $88,332 89 $92.89 $0 00 $92.89 $0 00 $0 00 $0.00 $92.89 Raeth, Mary K 2-2-2-70 & 71 10-25-357-018 $69,206 49 8246,49 $0.00 8246 49 80.00 80,00 $0 00 $246.49 Rooth, Mary K 1-70 & 71 10-25-357-018 Pregler, Brian D. 72 10-25-357-007 $35,262.76 $1,29276 80.00 81,292.76 8781,37 $0.00 $0.00 $2,074.13 Pi ogler, Brian D. 1-73 10-25-357-007 Dotter, Jolm J & Jane E. & Adams, Gregory J. & Nancy 1 2-73 10-25-357-008 $63,296 27 $1,296.27 $0,00 $1,296.27 $0.00 $0.00 $0 00 $1,296,27 Sun, Sam H. & Erika M. 2-74 10-25-357-009 869,934,36 81,124.36 $000 $1,12436 $772.67 80.00 $000 81,897,03 Koester, Walter R. & Alice Louise 2-75 10-25-357-010 $61,643.75 $1,45375 $000 $1,453.75 $772.67 80.00 $0.00 $2,226.42 Powers, Milton F. & Helen V. 1-74 10-25-357-017 $62,06942 $289,42 $0.00 $28942 $0,00 80.00 $0.00 8289.42 Powers, Milton F. & Helen V. 1-75 10-25-357-017 02/06/2001 CITY OF DUBUQUE, IOWA BRYANT STREET (DODGE TO GRANDVIEW) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. OWNER VALUATION w/ GROSS DEFICIENCY NET PAVING WATER SERVICE SIDEWALK SEWER TOTAL NET LOT DESCRIPTION LEGAL IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT GRACE CLEVELAND AVENUE PLACE Bodish, Robert A. & Platt, Grace M. 1 10-25-361-012 $36,746.94 $126.94 $000 $126.94 $0.00 $000 $000 $126.94 Bsimcyer, Jason J. 2 10-25-361-011 $35,287 65 $177.65 $0.00 $177.65 $0.00 $0.00 $0.00 $177.65 UNION ADD Stratton, Ricky R & Bonnie K. 78 10-25-361-013 $80,060.45 $150.45 $0.00 8150.45 $0.00 $0.00 $0.00 $150.45 Finn, Dennis 1. & Ann R S 50'-1-76 & 77 10-25-361-003 $62,234.22 $944.22 $0.00 $944.22 $0.00 $0.00 $0.00 $944.22 Finn, Dennis 1. & Ann R (und 1/8 int) 2A-76 & 77 10-25-361-003 Kelly, John E. (und 1/4 int) 2A-76 & 77 10-25-361-001 Temes, John F (Trustee of Tonics family)(und 1/8 int) 2A-76 & 77 10-25-361-002 Kann, Thomas T. (und 1/2 int.) 2A-76 & 77 10-25-361-007 Kelly, John E. 1-2-76 & 77 10-25-361-001 $64,794.48 $1,214.48 $0 00 $1,214 48 $0 00 $0.00 $0 00 $1,214 48 Tomes, John F. (Trustee of Temes family) 2-2-76 & 77 10-25-361-002 $64,376.20 $1,276 20 $0 00 $1,276.20 $0.00 $0.00 $0 00 $1,276 20 Temes, John F. (Trustee of Tomes family) N.10'-3-2-76 & 77 10-25-361-002 Finn, Dennis J & Ann R. 5.40'-3-2-76 & 77 10-25-361-003 Dement, Ira W. & Genevieve E. 4-2-76 & 77 10-25-361-004 $48,388.49 $798.49 $0.00 $798.49 $0.00 $0 00 80 00 8798.49 Dement, lra W & Genevieve E. N.8'-5-2-76 & 77 10-25-361-004 Krum, Thomas T. 1-5.42'-5-2-76 & 77 10-25-361-005 $27,929.38 $599.38 $0.00 $599.38 $0.00 $0.00 $0.00 $599.38 Kann, Thomas T. 2-5.42'-5-2-76 & 77 10-25-361-007 $25,130.63 $410.63 80.00 $410 63 $0 00 80.00 $0.00 $410.63 Moyne, Janes J. & Lisa A. 1-145 & 146 10-25-361-008 $83,330 05 $1,450.05 $0.00 $1,450.05 $694.35 $0.00 $0.00 $2,144.40 Moyne, James J. & Lisa A. 2-145 & 146 10-25-361-008 Anglin, Gary R. & Debra T. 3-145 & 146 10-25-361-009 $65,034.50 $684.50 $0.00 $684.50 $694.35 $000 $0.00 $1,378.85 Gneiser, Robert John II & Elizabeth 1. Runicka-Gneiser 4-145 & 146 10-25-361-010 $62,437 66 $917 66 $0 00 $917.66 $0.00 $0.00 $0.00 $917.66 Markus, Brian J. &Michelle M. 5-145 & 146 10-25-361-019 $66,238.60 $388.60 $0.00 $388.60 $0.00 $0.00 $0 00 $388 60 Markus , Brian J. & Michelle M 6-145 & 146 10-25-361-019 Kaiur, Thomas T. 1-7-145 & 146 10-25-361-006 $198.69 $18.69 $0.00 $18.69 $0.00 $0.00 $0.00 $18.69 Kann, Thomas T. 2-7-145 & 146 10-25-361-007 Healy, Thomas L & Judy M. 144 10-25-361-020 $99,923.64 $343.64 $0 00 $343 64 $0 00 $0 00 $0.00 $343.64 Fitzpatrick, Mary C. 143 10-25-361-021 $59,551.72 $181.72 $0.00 $181.72 $0.00 $0.00 $0.00 $18172 Boland, Daniel R. & Rebecca S 142 10-25-361-022 $71,303.86 $43.86 $0.00 $43.86 $0 00 $0 00 $0.00 $43.86 Dubuque Community School District 155 10-36-103-001 $19,145 61 $175 61 $0.00 $175.61 $0.00 $0.00 $0.00 $175.61 Dubuque Community School Distriet 154 10-36-103-001 SUB 1 & 8 - ML 45-1-ML47 & 153 UNION ADD. Dubuque Cormnunity School District 2-1 10-36-103-005 $47,837.27 $2,717.27 $0.00 $2,717 27 $0 00 $0.00 $0.00 $2,717.27 Dubuque Community School District 1-1 10-36-103-004 $361,184.56 $1,354.56 $000 $1,35456 $0.00 $0.00 $0.00 $1,35456 Dubuque Community School District 2 10-36-103-005 MIN LOT 45 Dubuque Community School District 2 10-36-103-005 COLUMBIA ADD. Dubuque Cmmnunity School Distne 1 10-36-107-001 $80,500.70 $1,070.70 $0.00 $1,071)70 $746.57 $000 $0.00 $1,817.27 Dubuque Community School Distric 2 10-36-107-002 $83,59824 $88824 $0.00 $888.24 $0.00 $0.00 $0.00 $888.24 Dubuque Community School Disnic 3 10-36-107-003 $101,43824 $888.24 $0.00 $888.24 $720.46 $0.00 $0.00 $1,608.70 Truman, Donald P & Patricia M. 4 10-36-107-004 $73,337.21 $777.21 80.00 $777.21 $659.55 $0.00 $0.00 $1,436.76 $50,711.89 $0 00 $50,711 89 $12,777 54 $0 00 $0.00 $63,489.43 02/06/2001 2 CITY OF DUBUQUE, IOWA BOOTH STREET (DODGE TO FIFTH) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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 =Hut 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. OWNER LOT DESCRIPTION VALUATION w/ GROSS DEFICIENCY NET PAVING WATER SERVICE SIDEWALK SEWER TOTAL NET LEGAL IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT CITY OF DUBUQUE CITY OF DUBUQUE YMCA -YWCA CORPORATION, THE YMCA -YWCA BUILDING CORP., THE YMCA -YWCA BUILDING CORP., THE YMCA -YWCA WEIDENBACHER,DAVID L. SCHUMACHER, MARY M. IIENNING,WILLIAM G. & DIANE M. WEBER, DAVID J. & WALTERS, MELINDA J. YMCA -YWCA BUILDING CORP., THE YMCA -YWCA BUIEDING CORP., THE IIENNING,W ILLIAM G. & DIANE M. 1'ARADISO, PHILIP O. & SUSAN A. BELKEN, SCOTT J. & LUDOVISSY, SHANNON M. ALBERT, GREGORY K. & DEBRA J. BROWN, YVONNE BASSLER, EUGENE P & GENEVIVE F. WALSH, KEVIN 1. KUBESHESKI, JOHN T. & LENORE CHEER, RICK L & DEBORA J. GHEER, RICK L & DEBORA J. REDING, CHRISTOPHER N. & CINDY K. LORENZ, MATHIAS K. aka LORENZ, MATHIAS KIEBEL LORENZ, MATHIAS K. aka LORENZ, MATHIAS KIEBEL SANDERS, WILLARD N. & JOYCE H. REDING, CHRISTOPHER N. & CINDY K. SLATTERY, ROGER T. HOUSELOG, ROBIN J GOEDERT, RUTH O'BRTEN, JULIE A. OAKWOOD INVESTMENTS G.P. SPANGLER, RICHARD J. & DARLENE L. SPANGLER, RICHARD J. & DARLENE L. TOMMARO, MERLYN C. IA D.O.T. LOT IA D.O.T. LOT MIN. LOT 158 BAL. 2-1-2-1-1-5 10-26-426-015 2-2-1-1-1-4 10-26-426-006 5.32.55'-5 182.5T -5.1'k-2-3 10-26-426-006 NORTH BOOTH STREET PLACE 2 10-26-426-0]I 1 10-26-426-010 MIN. LOT 158 1-I-N.Pt: 2-3 10-26-426-009 2-1-N.Pt.-2-3 10-26-287-025 2-N.PI: 2-3 10-26-287-024 DIAMOND PLACE 2-2 10-26-426-004 2-1 10-26-426-004 1-1 10-26-287-012 SUNNYSIDE ADD. 37 10-26-287-023 36 10-26-287-022 35 10-26-287-021 34 10-26-287-020 33 10-26-287-019 32 10-26-287-018 O'NEILL'S SUB 5.58'-8 10-26-282-015 N. 2'-I 10-26-282-014 5.38'-2 10-26-282-014 N22'-2 10-26-282-013 W.30'-3 10-26-282-007 E.10'-4 10-26-282-007 W.40'-4 10-26-282-006 ONEILL'S NO.2 SUB. 5.18'-8 10-26-282-013 N. 40'-8 10-26-282-012 S 1/2-9 10-26-282-011 N1/2-9 10-26-282-010 10 10-26-282-009 11 10-26-282-008 KUEHNLE'S SUB. S.49'9"-2 10-26-278-026 W.28'-1)1.9.2'-2 10-25-357-026 E.72' -N9.2'-2 10-26-278-025 Pt. MIN LOT 159 $40,919.13 $919.13 $000 $919.13 $0.00 $0.00 50.00 $919.13 $12,103.55 $2,103.55 $0.00 52,103.55 $000 $0.00 50.00 $2,103.55 $1,470,071.90 5301.90 $000 $301.90 $0.00 $0.00 $0.00 5301.90 $53,667.46 $2,037.46 $0 00 52,037.46 50.00 $0.00 $0.00 82,037.46 $5,992.48 $1,592.48 $94.36 51,498.12 80.00 $0.00 $0.00 $1,498.12 $78,761.33 $1,981.33 $0.00 $1,981.33 50.00 $0.00 50.00 $1,981.33 $100,874.11 $2,254.11 $0.00 $2,254.11 $0.00 $0.00 50.00 $2,254.11 $96,738.39 52,028.39 $0.00 $2,028.39 $816.18 $0.00 50.00 $2,844.57 $55,481.86 $1,401.86 $0.00 $1,401.86 $798.78 $0.00 $0 00 $2,200 64 $2,152.48 $1,262.48 5724.36 5538.12 50.00 $0.00 $0.00 $538.12 $3,32209 81,442.09 $611.57 $830.52 80.00 $0.00 $0.00 $830.52 $72,488.09 $1,088.09 50.00 $1,088.09 8807.48 $0.00 $0.00 $1,895.57 573,618.09 $1,088.09 50.00 $1,088.09 $0.00 50.00 $0.00 $1,088.09 $73,468.09 $1,088.09 50.00 $1,088.09 $798 78 $0.00 $0.00 $1,886.87 $57,298.09 $1,088.09 $000 $1,088.09 5798.78 $0.00 $0.00 $1,886.87 $69,218.77 $978.77 50.00 $978.77 $781.37 $0.00 $0.00 $1,760.14 596,992.34 $672.34 50.00 $672.34 $0.00 80.00 $0.00 $672.34 $65,781.56 8711 56 50.00 5711.56 $807.07 $0.00 $0 00 81,518.63 $69,041.71 $911.71 50.00 $911.71 $0.00 $000 $0.00 $911.71 558,285 21 $1,015.21 $0.00 81,015.21 $807 07 80.00 $0.00 $1,822.28 $60,920.00 $0.00 $0.00 50.00 $000 $0.00 $0.00 $0.00 $94,870.00 $0 00 $0 00 $0.00 50.00 $0.00 50 00 $0.00 $47,585.21 $1,015.21 $0.00 $1,015 21 5807.07 $0.00 $0.00 $1,822.28 $63,216.86 $736.86 $0.00 $736.86 $807.07 $0.00 $0.00 $1,543.93 $54,206.86 $736.86 $0.00 5736.86 5807.07 $0.00 $0.00 $1,543 93 $54,273.98 81,47398 $0.00 $1,473.98 $807.07 $0.00 $0.00 $2,281.05 $41,223.98 51,473.98 $0.00 $1,473.98 50.00 $0.00 $0 00 51,473.98 $73,359.76 $1,289.76 $0.00 $1,289.76 5807.07 $0.00 80.00 $2,096.83 $66,286.02 $1,166.02 $0.00 $1,166.02 80.00 50.00 50.00 $1,166.02 02/08/2001 CITY OF DUBUQUE, IOWA BOOTH STREET (DODGE TO FIFTH) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. OWNER LOT DESCRIPTION VALUATION w/ GROSS DEFICIENCY NET PAVING WATER SERVICE SIDEWALK SEWER TOTAL NET LEGAL IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT TOMMARO, MERLYN C. COLLINGS, WILLIAMN. COLLINGS, WILLIAM N. POWERS, MICHAEL J. & KARLA A. TWINING, ROBERT T. & CONSTANCE L. AYLERS, JACK L. & JO ANN L. HAEGER, ANNE MARIE F/K/A ANNE MARIE RANDOLF WALLACE, JOSEPH E. & CHARLOTTE WALLACE, JOSEPH E. & CHARLOTTE LIVELY, MICHAEL E. & SHARON K. LIVELY, MICHAEL E. & SHARON K. HUSEMANN, LAWRENCE J. SZYMANSKI,GEORGE L. KUETER, CHRISTOPHER J. & GRETCHEN S. LENSTRA, TERRANCE P. & JULIE L. FUERST, STEVEN A. FUERST, STEVEN A. TOPE, MARK & ELIZABETH M KERSCH, MATTHEW J. & COLLEEN M. KERSCH, MATTHEW J. & COLLEEN M. OLDS, ROY D. & ANGELA M. CORRIGAN, GERALD T. & ANNA M. CORRIGAN, GERALD T. & ANNA M. DRURY, ROBERT N. & POLLY J. DRURY, ROBERT N. & POLLY J. CAPEL, KRISTINE K. + COYLE, DANIAL J. FEDERAL NATIONAL MORTGAGE ASSOC. VAHL, WILLIAM H. & RUTH FI. LUENSMAN, RICHARD J. & HAINES, CYNTHIA CRAY, GREGORY & NANCY J. CRAY, GREGORY & NANCY J. NOEL, JOHN L. & RITA M. BURKE, STEVEN W. & BRENDA G. BURKE, STEVEN W. & BRENDA G. (to be paid by city) KREASSIG, MELVIN J CONNOLLY, JAMES 13. SULLIVAN, TERRENCE JAMES & SHEILA BLAHA SULLIVAN, TERRENCE JAMES & SHEILA BLAIIA UDELHOFEN, JEFFREY W. & DENISE A. ERSCHEN, ROBERT J. & JUANITA M. ERSCHEN, ROBERT J. & JUANITA M. N.38'1"-5.39'9"-E100'-NI/2-1-2-8 10-26-278-025 N.17.5'-1-2-8 10-26-278-022 1-8 10-26-278-022 S.M. LANGWORTHY ADD. 1 2 3 4 S 50'-5 S.50'-6 S.50' -N.112.9'-5 N 62.9'-N.112.9'-5 N.112.9'-6 7 1-8 T.S. NA1RN'S DUB. ADD. W.25.3' -N. 117.5'-23 E.24.7' -N.117.5'-23 N.117.5'-24 25 8.46'-24 5.46'-23 N.40'-22 510'-22 N.30'-21 S.20'-21 N.20'-20 S.30'-20 N.10'-19 5.40'-19 18 17 16 15 S.M. LANGWORTHYS SUB 12 11 N.36'-10 518.5-10 9 1-1-2-N.-23.5'-7&8 2-1-2-N.23.5'-7&8 2-2N.23.5'-7&8 10-26-278-021 10-26-278-020 10-26-278-019 10-26-278-018 10-26-278-017 10-26-278-017 10-26-278-007 10-26-278-007 10-26-278-006 10-26-278-005 10-26-278-004 10-26-279-001 10-26-279-002 10-26-279-002 10-26-279-001 10-26-279-005 10-26-279-005 10-26-279-006 10-26-279-007 10-26-279-007 10-26-279-008 10-26-279-008 10-26-279-009 10-26-279-009 10-26-279-010 10-26-279-011 10-26-279-012 10-26-279-013 10-26-279-014 10-26-283-001 10-26-283-001 10-26-283-002 10-26-283-003 10-26-283-004 10-26-283-004 10-26-283-005 10-26-283-006 10-26-283-006 $65,111.08 $1,961.08 $0.00 $1,961.08 5807.07 80.00 $0.00 $2,768.15 $79,833.90 $1,633.90 $000 $1,633.90 $0.00 $0.00 $0.00 $1,63390 $74,359.89 $1,549.89 $0.00 $1,549.89 $0.00 $000 $000 $1,549.89 $74,541.15 $1,551.15 $0.00 $1,551.15 8807.07 $0.00 $0.00 $2,358.22 $72,542.17 $1,552.17 $0.00 $1,552.17 $807.07 $0.00 $0.00 $2,359.24 $58,795 22 $1,265.22 80.00 $1,265.22 $807.07 $0.00 $0.00 $2,072.29 $55,061.16 $2,071.16 $0.00 $2,071.16 $859.69 $0 00 $0.00 $2,930.85 $60,535.70 $785.70 $0.00 $785.70 50.00 $0.00 $0.00 $785.70 $59,488.44 $618.44 80.00 $618.44 $0.00 $0.00 $000 8618.44 $82,177.39 $157.39 50.00 $157.39 80.00 50.00 80.00 $157.39 $54,784.13 51.424.13 $0.00 $1,424.13 $0.00 $0.00 $0.00 $1,424.13 $67,669.13 $1,549.13 $0.00 $1,549.13 $0.00 $0.00 80 00 $1,549.13 $93,194 48 $434.48 80.00 $434.48 $0.00 50.00 $0.00 $434.48 $75,764.00 $1,164.00 $0.00 $1,164.00 $616.04 80.00 $0.00 $1,780.04 $74,494.16 81,094.16 $0.00 $1,094.16 $0 00 $0.00 $0.00 $1,094.16 $73,334.16 $1,094.16 $0.00 $1,094.16 $616.04 $0.00 $0.00 $1,710.20 $85,954.16 $1,094.16 $0.00 $1,094.16 $616.04 $0 00 50.00 $1,710.20 $65,004.16 $1,094.16 80.00 $1,094.16 5598.63 $0.00 $0.00 $1,692.79 $73,404.16 51,094.16 $0.00 $1,094.16 $633.44 80.00 $0.00 $1,727.60 $64,847.95 $1,367.95 $0.00 $1,367 95 5616.04 $0.00 $0.00 $1,983.99 $6,877.95 $1,367.95 $0.00 $1,367.95 $0.00 $0.00 $0.00 $1,367.95 $62,837.95 $1,367.95 $0.00 $1,367.95 $0.00 $0.00 80.00 $1,367 95 $72,607.95 $1,367.95 $0.00 $1,367.95 $0.00 $0.00 $0.00 $1,367.95 $73,643.97 $2,053.97 $0.00 $2,053.97 $0.00 $0.00 $0 00 $2,053.97 $240.00 $240.00 $0.00 $0.00 $0.00 $24000 $84,005.65 $885.65 50.00 $885.65 $0.00 $0.00 $0.00 $885.65 $65,834.84 $984.84 $0.00 5984.84 $616.04 $0.00 $0.00 $1,600.88 $70,077.02 $1,997.02 $0.00 $1,997.02 $616.04 $0.00 $0.00 $2,613.06 $84,274.59 51.504.59 $000 51,504.59 $598.63 $0.00 50.00 $2,103.22 $111,326.91 $1,946 91 $0.00 $1,946.91 $0.00 $0.00 $0.00 $1,946.91 02/08/2001 2 CITY OF DUBUQUE, IOWA BOOTH STREET (DODGE TO FIFTH) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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 rule valuations of such lots by the City Council of the City of Dubuque. OWNER VALUATION w/ GROSS DEFICIENCY NET PAVING WATER SERVICE SIDEWALK SEWER TOTAL NET LOT DESCRIPTION LEGAL IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ERSCHEN, ROBERT J. & JUANITA M 1-N.23.5'-7&8 10-26-283-006 DUBUQUE COUNTY 5.26'-6 10-26-288-001 $5,774.97 $724.97 $0.00 $724.97 80.00 $0.00 $0.00 $724.97 GRANT, RODNEY J. & PEGGY ANN 5 10-26-288-002 $49,687.95 $1,367.95 $0.00 $1,367.95 80.00 $0.00 $0.00 $1,367.95 AROSE, MILDRED E. 4 10-26-288-003 $57,317.95 $1,367.95 $0.00 81,367.95 $0.00 $0.00 $0.00 $1,367.95 KELLER, JOSEPH A. & ROBEY, KAREN JO 3 10-26-288-004 $66,107.95 $1,367.95 $0.00 $1,367.95 80.00 $0.00 $0.00 $1,367.95 RIES, MILO L. & MARY JO E.58'-2 10-26-288-006 $62,402.55 $482.55 $0.00 $482.55 80.00 $000 $0.00 $482.55 RIES, MILO L. & MARY JO E.58' -N.23'-1 10-26-288-006 SCHUSTER,DAN1EL,D W.64'-2 10-26-288-005 $71,284.72 $1,514.72 80.00 $1,514.72 80.00 $0.00 $000 $1,514.72 SCHUSTER, DANIEL D W.641 -N.23'-1 10-26-288-005 NEVADA PARK RESUB. OAKWOOD INVESTMENTS 1-2-23,24, & 25 10-26-290-001 $67,023.37 $1,943.37 $0.00 $1,943.37 $0.00 $0.00 $0.00 $1,943.37 BLY, ALAN G. & CAROL L. 2-2-23, 24, & 25 10-26-290-002 $55,576.94 $846.94 80.00 $846.94 $0 00 $0 00 80.00 $846.94 BREITBACH, THOMAS C. & TAMMY L 1-23,24, & 25 10-26-290-003 $70,109.01 $479.01 $0.00 $479 01 $0.00 $0.00 80.00 $479.01 BURDS, MICHAEL W. & NACOS-BURDS, KATHLEEN J. 22 10-26-427-001 $110,124.17 $2,654.17 80.00 $2,654.17 $642.14 $0.00 80.00 $3,296.31 BURRS, MICHAEL W. & NACOS-BURRS, KATHLEEN J. 21 10-26-427-001 BURDS, MICHAEL W. & NACOS-BURDS, KATHLEEN J. NIR -20 10-26-427-001 KEARNEY, JAMES V. &PATRICIA A. S1/2-20 10-26-427-002 $80,549.51 $1,559.51 $0.00 $1,559.51 $0.00 $0.00 80.00 $1,559.51 KEARNEY, JAMES V. & PATRICIA A. 2-19 10-26-427-002 KEARNEY, JAMES V. & PATRICIA A. 1-19 10-26-427-002 BILLINGTON, MARY E. 2-18 10-26-427-003 $99,964.84 $2,044.84 $0.00 $2,044.84 $0.00 80.00 $0 00 $2,044.84 BILLINGTON, MARY E. 1-18 10-26-427-003 BILLINGTON, MARY E. 1-17 10-26-427-003 BILLINGTON, MARY E. 2-17 10-26-427-003 TIPPE, LEO E. & ELAINE T. 1-16 10-26-427-004 $68,611.15 $2,091.15 $0.00 82,091.15 $0.00 80.00 80.00 $2,091 15 TIPPE, LEO E & ELAINE T. 2-16 10-26-427-004 TIPPE, LEO E. & ELAINE T. 15 10-26-427-004 02/08/2001 $90,577.90 $1,430.29 $89,147.61 $20,707.91 $0.00 $0.00 $109,855 52 CITY OF DUBUQUE, IOWA VAN BUREN STREET (PENNSYLVANIA TO UNIVERSITY) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. PARCEL VALUATION w/ NET PAVING SIDEWALK SEWER WATERMAIN DEFICIENCY GROSS WATER SERVICE TOTAL NET OWNER LOT DESCRIPTION No. IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT BROWN'S PLACE HOFFMAN, FREUND, &CAROL LT 1-2 10-27-127-001 $62,160.74 $4,310.74 $0.00 $0.00 $0.00 $000 $4,310.74 $0.00 $4,310.74 LENOX ADD. MILLARD, LOREN C. &LORRAINE 287 10-27-129-014 $67,639.45 $1,82945 $0.00 $0.00 80.00 $0.00 $1,829.45 $0.00 $1,82945 MILLARD, LOREN C. & LORRAINE 288 10-27-129-014 ROLLING RIDGE SUB. BLK 1 EIULS, HOWARD J. & MARGIE C. 1 10-27-129-015 $74,023.46 $1,783.46 80.00 $0.00 $0.00 $0.00 $1,783.46 $0.00 $1,783 46 RILEY, LORI A. & GRAHAM DONA 2 10-27-129-016 $73,674.87 $1,874.87 10.00 $0.00 $0.00 $0.00 $1,874.87 $0.00 $1,874.87 13011, DONNA MAE 3 10-27-129-017 $75,03487 $1,874.87 $0.00 $0.00 $0.00 $0.00 $1,874.87 $000 $1,874.87 FAUST, CLARENCE C. JR & S1-IAR 4 10-27-129-018 187,534 87 $1,874.87 $0.00 $0.00 $0.00 $0.00 $1,874.87 $0 00 $1,874.87 HENKEL, RICHARD A&JUDITHA 5 10-27-129-019 $74,424.87 $1,874.87 $0,00 $0.00 $0.00 $000 $1,874.87 $0.00 $1,874.87 HAAS, GEORGE R. & SALLY R. 6 10-27-129-020 $76,624.87 $1,874.87 $0.00 $0.00 $0.00 $000 $1,874.87 $0.00 $1,874.87 SCHEMMEL, LEE ANN E. 7 10-27-129-021 $79,334.87 $1,874.87 80.00 $0.00 $0.00 $000 $1,874.87 $0.00 $1,874.87 POLSEAN, WAYNE D. & MARY A. 8 10-27-129-022 882,394.87 $1,874.87 80.00 $000 $0.00 $0.00 $1,874.87 $0.00 $1,874.87 REARDON, DAVIDJ & SHARON ? 9 10-27-129-023 $72,621.70 $1,611.70 80.00 $0.00 $0.00 $0.00 81,611.70 $0.00 $1,611.70 REMAKEL, ROBERT J. & JOAN E. 10 10-27-129-024 $84,688.40 $2,038.40 80.00 $0.00 $0.00 $0.00 $2,038.40 $0 00 $2,038.40 LENOX ADD. MANDERS, SANDRA K. & AMLIN( 302 10-27-204-011 $52,526 28 $1,476 28 $0.00 $0.00 $0 00 $0.00 $1,476.28 $0 00 $1,476.28 TROY, MICHELE M. 303 10-27-204-027 $91,074.42 $2,214.42 $0.00 $0.00 $0.00 80.00 $2,214.42 $0 00 $2,214 42 TROY, MICHELE M. W1/2-304 10-27-204-027 GARCIA, JOSE J.&MARTA E112-304 10-27-204-014 $90,524.42 $2,214.42 $0.00 80.00 80.00 $0.00 82,214.42 80.00 82,214.42 GARCIA, JOSE J. & MARTA 305 10-27-204-014 PEDERSEN,MICHAELJ. &CAMIE 306 10-27-204-015 $58,00628 $1,476.28 $0.00 $0.00 $0.00 $0.00 $1,476.28 $0.00 $1,476.28 SIEVERS, TYLER &MEGI-]ANE. 307 10-27-204-016 $96,56628 $1,476.28 $0.00 $0.00 $000 $0.00 $1,476.28 $0.00 $1,476.28 WELSH, ROBERT R. & KERRY A. 5 308 10-27-204-017 $8,366.28 $1,476.28 $0.00 $0.00 $0.00 $0 00 $1,476.28 $0.00 81,476 28 WELSH, ROBERT R & KERRY A. 5 309 10-27-204-018 881,06628 $1,476.28 $0.00 $0.00 $0.00 $0.00 $1,476.28 $0.00 $1,47628 DAVIS. WALTER W.&RITA MAE 310 10-27-204-019 $51,216.28 $1,476.28 $0.00 $0.00 $0.00 $000 $1,476,28 $0.00 $1,476,28 DAVIS, WALTER W. & RITA MAE 311 I0-27-204-020 $8,366.28 $1,476.28 $0.00 $0.00 $0.00 $0.00 $1,476.28 $0.00 $1,47628 RANSDELL, MARK 312 10-27-204-021 $37,906.28 $1,476.28 $0.00 $0.00 $0.00 $000 $1,476.28 $0.00 $1,476.28 KAISER, KEITH J. 313 10-27-204-022 $51,726.28 $1,476.28 $000 $0.00 $0.00 $000 $1,476.28 $0.00 $1,47628 CITY OF DUBUQUE 314 10-27-204-026 $27,509.75 $2,762.91 $1,576.84 $0.00 $0.00 $0 00 $4,339.75 $0.00 $4,339.75 CITY OF DUBUQUE 315 10-27-204-025 $9,195.72 $625.72 $0 00 $0.00 $0.00 $0 00 $625.72 $0.00 $625 72 DEMKIER,1&OBERT J. 432 (0-27-207-021 $1,992.63 $498.16 $0.00 $0.00 80.00 $74447 $1,24263 $0.00 $49816 DEMKIER,ROBERT J. 431 10-27-207-020 $85,642.90 $1,602.90 $0.00 $0.00 $0.00 $000 $1,602.90 $0.00 $1,60290 DEMK1ER,ROBERT J. 430 10-27-207-019 87,55182 $I,101.82 $0.00 $000 $0.00 $000 $1,101.82 $0.00 $1,101.82 STEPHENSON, GENEVIEVE 429 10-27-207-018 $58,81090 $1,110.90 $0.00 $0.00 $0.00 $0.00 $1,110.90 $000 $1,110.90 STEPHENSON, GENEVIEVE 428 10-27-207-018 GULYASH, JAMES & ANITA 427 10-27-207-017 $68,319.20 $259.20 $0 00 $0.00 $0.00 $000 $259.20 $0 011 $259.20 DEMOSS, CRAIG D. &JULIE L. 426 I0-27-207-016 $65,110.34 $170.34 $0.00 $0.00 $0.00 $000 $17034 $0.00 $170.34 FONDELL, ALLAN J. & JILL C. 425 10-27-207-015 $65,200.94 $120.94 $0.00 $0.00 $0.00 $0.00 $120.94 8000 $120.94 ARENDT-BALES, TERESA A. 424 10-27-207-014 $76,603.40 $93.40 $0 00 $0,00 $0.00 $0.00 $93,40 $0.00 $93.40 HUI3ER, JEROMIE J. CARRIE M. 423 10-27-207-013 $60,047,13 $47.13 $0 00 $0.00 $0.00 $0 00 $47.13 $0.00 $47,13 FLYNN, GERALD T. 433 10-27-207-040 $84,190,10 $2,800.10 $000 $0.00 $0.00 $000 $2,800.10 $0.00 $2,800.10 02/12/2001 OWNER CITY OF DUBUQUE, IOWA VAN BUREN STREET (PENNSYLVANIA TO UNIVERSITY) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. PARCEL VALUATION w/ NET PAVING SIDEWALK SEWER WATERMAIN DEFICIENCY GROSS WATER SERVICE TOTAL NET LOT DESCRIPTION No. IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT FLYNN, GERALD T. 434 10-27-207-040 FLYNN, GERALD T. S1/2-435 10-27-207-040 DUSCHEN, DONALD M.&LINDA . NI/2-435 10-27-207-039 DUSCHEN, DONALD M. & LINDA . 436 10-27-207-039 $61,72832 81,068.32 80.00 $0.00 $0.00 $0.00 $1,06832 $0.00 $1,068.32 WEISS, JOYCE A. 437 10-27-207-038 $67,645.95 $365.95 $0.00 $0.00 $0.00 $0.00 8365.95 $0.00 $365.95 STECKEL JEFFREY D.&TINA L. 438 10-27-207-037 884,901.97 $361.97 $0.00 $0.00 $0.00 80.00 $361.97 $000 $361.97 STECKEL JEFFREY D. & TINA L. 439 10-27-207-037 SCHULZ, JACK W. & CYNTHIA L. 440 10-27-207-036 $75,422.99 8112.99 $0 00 $0.00 50.00 50 00 $112.99 50.00 $112.99 SCHULZ, JACK W. & CYNTHIA L. S1/2-441 10-27-207-035 $3,714.29 544.29 $0.00 $0.00 50.00 $0.00 $44 29 50 00 $44.29 WAGNER, TIMOTHY P. & KIM M. N1/2-441 10-27-207-034 $91,073.03 $63.03 50.00 $0 00 50.00 $0.00 $63 03 50 00 $63.03 WAGNER, TIMOTHY P. & KIM M 442 10-27-207-034 MESCALL, RONALD T. 480 10-27-208-040 $94,241.78 $1,241.78 $0.00 $0.00 $0.00 5000 51,241.78 80.00 $1,241.78 BBHCETT, DAVID 1'. & WAN CHA 479 10-27-208-041 $120,980.78 81,800.78 $000 $0.00 $0.00 $000 $1,800.78 $0.00 $1,800.78 BIRKETT, DAVID P. & WAN CHA 478 10-27-208-041 DAVIS, MARY ELIZABETH 477 10-27-208-019 $60,580.43 $38043 $0.00 $0.00 $0.00 $0.00 $380.43 5000 $380.43 DAVIS, MARY ELIZABETH 476 10-27-208-019 HIRSCH,DALE A. & LINDA A. 475 10-27-208-018 HIRSCH,DALE A. & LINDA A. 51/2-474 10-27-208-037 GLAB, DAVID J. 481 10-27-208-039 GLAB, DAVID J. 482 10-27-208-039 GLAB, DAVID J. 483 10-27-208-039 GLAB, DAVID J. 484 10-27-208-039 LESSEI, STEVEN A. & AMY L. 485 10-27-208-038 $74,664 03 $174.03 50.00 $0.00 50.00 $0.00 $174.03 $0.00 $174 03 HOWELL, RANDY LANE & CONNI 486 10-27-208-037 $73,66476 $104.76 50.00 $0.00 $0.00 $0.00 $104.76 $0.00 $10476 KAESBAUER, SANDRA 487 10-27-208-036 $46,063.31 $63.31 $0.00 $0.00 $0 00 $0.00 $63.31 50.00 $63 31 HUFF, VICTORY F. & MARY R. 577 10-27-228-040 $73,657.36 $547.36 $0 00 $0.00 $0.00 $0 00 $547.36 50.00 $547.36 HUFF, VICTORY F. & MARY R. 1-576 10-27-228-039 $6,019.48 $349.48 $0 00 $0.00 $0.00 $0.00 $349.48 $0.00 $349.48 SCHREIBER, MERLIN 2-576 10-27-228-038 $60,261 75 $441.75 $0.00 $0.00 $0.00 $0.00 $441.75 50.00 $441.75 SCHREIBER, MERLIN 575 10-27-228-038 SCHREIBER, MERLIN 1-574 10-27-228-038 DUEIIR, FRANK J. & CAROL A. 2-574 10-27-228-037 $100,214 98 $204 98 $0.00 $0.00 $0.00 $0.00 $204.98 50 00 $204.98 DUEHR, FRANK J. & CAROL A. 573 10-27-228-037 STRUMBERGER, DONALD J & CA 572 10-27-228-036 $77,431.35 $101.35 $0.00 $0.00 $0.00 $0.00 $101.35 50.00 $101.35 GRACANIN, MUHAMED & ASIMA 553 10-27-228-018 $56,838 07 $78.07 $0.00 $0.00 $0.00 $0.00 $78.07 $0 00 $78.07 DELANEY, RICHARD J. 578 10-27-229-004 $48,413.40 $1,70340 $0.00 $0.00 $0.00 $0.00 $1,703.40 $000 $1,703.40 CONNOLLY, TODD R.&GINA M. 579 10-27-229-005 $79,401.52 $1,371.52 $0.00 $0.00 $0.00 $0.00 $1,371.52 $0.00 $1,371.52 CONNOLLY, TODD R. & GINA M. 580 10-27-229-006 $5,609.98 $1,209.98 50.00 $0.00 $0.00 $0.00 $1,209.98 $0.00 $1,209 98 SCHULTZ, ROBERT H SR. & PHYI 581 10-27-229-007 $67,487.31 $2,387.31 $0.00 $0.00 $000 $0.00 $2,387.31 $0.00 $2,387.31 DELANEY, RICHARD J. 1-2-582 10-27-229-004 $46,757.70 $47.70 $0.00 $0.00 $0.00 $0.00 $47.70 $0.00 $47.70 CONNOLLY, TODD R & GINA M 2-2-582 10-27-229-005 $43 44 $10.86 $0.00 $0.00 $0.00 $32.58 $43.44 $0.00 $10 86 SCHULTZ, ROBERT H SR. & PHYI 585 10-27-229-007 ROBINSON, MAXINE A. c/o MAX11 586 10-27-229-008 $46,10456 $1,164.56 $0.00 $0.00 $0.00 $0.00 $1,16456 $0.00 $1,16456 RING RANDALL & SANDRA 587 10-27-229-009 555,007.90 $1,177.90 $0.00 $0.00 $000 $0.00 $1,177.90 $0.00 $1,177.90 $92,495 11 $95.11 50.00 $0.00 $0 00 $0.00 $95.11 $0 00 $95.11 $3,66968 849.68 $0.00 $0.00 50.00 $0.00 $49.68 80.00 $49.681 $27,43762 $3,367.62 $0.00 $0.00 $000 $0.00 $3,36762 50.00 $3,367.62 02/12/2001 OWNER CITY OF DUBUQUE, IOWA VAN BUREN STREET (PENNSYLVANIA TO UNIVERSITY) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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 heteby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL VALUATION w/ NET PAVING SIDEWALK SEWER WATERMAIN DEFICIENCY GROSS WATER SERVICE TOTAL NET LOT DESCRIPTION No IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT BLASEN, JOSEPH M. JR & KATHL 588 10-27-229-012 $70,397.28' $1,677.28 80.00 $0.00 $0.00 $0.00 $1,677.28 $0.00 $1,677.28 BLASEN, JOSEPH M. JR. & KATHLDT 1 LENOX ADD / 10-27-229-012 LAU, DAVID A. & SUSAN K. DT 2 LENOX ADD / 10-27-229-015 $47,000.66 $790.66 $0.00 80.00 $1,100.00 $0.00 $1,890.66 $476.81 $2,367.47 O'MEARA, DONALD & KATHERIN 598 10-27-232-011 $101,226.96 $386 96 $0.00 80.00 $0.00 $0.00 $386.96 $0.00 $386.96 BRITBACFI, JERRY A. 597 10-27-232-012 $39,982.87 $802.87 $0.00 $0.00 $550.00 $0.00 $1,352.87 $0.00 $1,352.87 PIKE, TERRY & LOU ANN WI/2-596 10-27-232-027 $47,226 23 $2,556.23 $0.00 80.00 $0.00 $0.00 $2,556.23 $0.00 $2,556.23 PIKE, TERRY & LOU ANN EI/2-596 10-27-232-027 PIKE, TERRY & LOU ANN 595 10-27-232-027 FIAGERTY, JO11N T. a/k/a HAGERT 594 10-27-232-015 $67,809.72 $1,367.26 $0 00 $0.00 8592.46 $0 00 $1,959.72 $0 00 $1,959.72 AUSTIN'S SUB. PARKINS, MILDRED M. 1-14 10-27-232-017 $49,948,58 $1,694.88 $0.00 80.00 $843,70 $0.00 82,538.58 $898.15 83,43673 PARKINS, MILDRED M. 1-W1/2-13 10-27-232-017 KUBITZ, DONALD J & MARY JAN 2-14 10-27-232-016 $47,660.30 8490.30 $0.00 $0.00 $0.00 $0,00 5490.30 $898.15 $1,38845 KUBITZ, DONALD J. & MARY JAN 2-WI/2-13 10-27-232-016 SCFIWIND, MARY KAY EI/2-13 10-27-232-018 $61,163.81 $2,108.81 $0.00 80.00 8825.00 $0.00 82933.81 $82488 $3,758.69 SCFIWIND, MARY KAY W.37.5'-12 10-27-232-018 KENKEL, NAOMI M. &ALBERT J. E.12.5'-12 10-27-232-019 $57,847.52 $2,163.32 $0.00 $000 $684.20 $0.00 82,847.52 $89815 $3,74567 KENKEL, NAOMI M. & ALBERT J. 11 10-27-232-019 PUCKETT, STEVENR & GOURLE 1-10 10-27-232-020 $50,27242 81,632.42 $0.00 $0.00 $55000 80.00 $2,182.42 $755.27 $2,93769 DUNWOODY, KEVIN J. &RAMON 2-10 10-27-232-022 $55,726.14 $24614 $0.00 $0.00 $0.00 $000 $246.14 $0.00 $24614 GINTER, NANCY E. 9 10-27-232-021 $54,507.41 $47.41 $0.00 $0.00 $0.00 $000 $47.41 $0.00 $47.41 DUNWOODY, KEVIN J. & RAMON 8 10-27-232-022 DURKIN, ROBERT L.&DIANE 7 10-27-232-023 $50,620.62 $350.62 $0.00 80.00 $0.00 $0.00 $350.62 $0.00 $350.62 CRUISE, JENNIFER L. 6 10-27-232-024 $52,95950 $1,419.50 $0.00 $0.00 $55000 $000 $1,969.50 $842.29 82,811 79 FREISINGER, JOSEPH E. & DORIS 5 10-27-232-025 $62,046 91 $1,466.91 $0.00 $0.00 $660.00 $0 00 $2,126.91 $755.27 $2,882 18 ROTH, DORIS M. 4 10-27-232-026 $68,326.39 $386.39 $0 00 $0.00 $0.00 $0.00 $386.39 $594.55 $980.94 LENOX ADD. RANSDELL, MARY S. a/k/a MARY' 2 10-27-279-023 $76,684.56 $2,204 56 $0.00 $0.00 $0.00 $0 00 $2,204 56 $0.00 $2,204.56 RANSDELL, MARY S. a/k/a MARY: 3 10-27-279-023 DUBUQUE MEDICALTRANSPOR7 4 10-27-279-022 $182,215.36 $1,316.62 $128.73 $0.00 80.00 $0.00 $1,445.36 $0.00 $1,445 36 DUBUQUE MEDICALTRANSPOR7 5 10-27-279-021 $10,178.46 $968.46 $0.00 $0.00 80.00 $0.00 $968.46 $0.00 $968.46 KALB, CHERYL J. & MARK H. 1-6 10-27-279-020 $63,472.11 $372.11 $0.00 $0.00 80.00 $0.00 $372.11 $0 00 $372.11 BRUXVOORT, STEVEN C &FIENE 2-6 10-27-279-009 $51,482.40 82,650.20 $1,612.20 $0.00 $0.00 $0.00 $4,262.40 $0.00 $4,262.40 LAMPE, SHAWN J. & TINA M 52 10-27-279-009 LAMPE, SHAWN 1. & TINA M. 1-51 10-27-279-009 LAMPE, SHAWN 3. & TINA M. 2-7 10-27-279-009 PAPIN, PAUL JOHN 1-7 10-27-279-019 $13,007.98 $137.98 $0.00 $0.00 $000 $0.00 $137.98 $0.00 $13798 PAPIN, PAUL JOHN 2-51 10-27-279-008 $1,466.37 $133.72 $62.65 $0.00 $0.00 $0.00 $196.37 $000 $196.37 PAPIN, PAUL JOHN 50 10-27-279-007 $61,340.00 $3,771.04 $448.96 $0.00 $0.00 $0.00 $4,220.00 $000 84,220.00 PAPIN, PAUL JOHN 49 10-27-279-007 PAPIN, PAUL JOHN 48 10-27-279-007 PAPIN, PAUL JOHN 47 10-27-279-007 PAPIN, PAUL JOHN 46 10-27-279-007 02/12/2001 CITY OF DUBUQUE, IOWA VAN BUREN STREET (PENNSYLVANIA TO UNIVERSITY) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. PARCEL VALUATION w/ NET PAVING SIDEWALK SEWER WATERMAN DEFICIENCY GROSS WATER SERVICE TOTAL NET OWNER LOT DESCRIPTION No IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ANDERSON, CAROL E. 53 10-27-230-009 $9,882.92' $1,062.92 80.00 $0.00 $0.00 80.00' $1,062.92 $0.00 $1,062.92 ANDERSON, CAROL F. 54 10-27-230-008 $50,78681 $946.81 50.00 $0.00 $0.00 $0.00 i $946.81 $000 $946.81 VANDERBILT, ESTHER A. 55 10-27-230-007 $64,02929 $1,229.29 80.00 $0.00 $0.00 $0.00 $1,229.29 $0.00 $1,22929 RETTENBERGER PLACE RETTENBERGER, KARL A. SR. & I 2 10-27-230-010 $11,953 20 $1,497.97 $0.00 50.00 $0.00 $1,085.23 82,583.20 $990.22 82,488 19 LENOX ADD. VONDRAN, WILLIAM A. & INEZ R 88 10-27-230-002 $6,609.38 $1,259.38 $0.00 $0.00 $0.00 $0.00 $1,259.38 $000 $1,259.38 VONDRAN, WILLIAM A & INEZ R 87 10-27-230-001 $66,108.93 $1,508.93 $0.00 $0.00 $0.00 $0.00 $1,508.93 $0.00 $1,508.93 LENOX PLACE BALSAMO, ANTHONY J. & MARY 2 10-27-252-023 $118,936 20 $3,366.20 $0.00 50.00 80.00 $0.00 $3,366.20 $0.00 $3,366.20 BALSAMO, SUSAN MARY 1 10-27-252-022 $142,377.03 $3,147.03 $0.00 $0.00 $0.00 $0.00 $3,147.03 $0.00 $3,14703 LENOX ADD ROTH, DAVID H. & BAMBI L. 96 10-27-252-002 $6,672 37 $1,462 37 $0.00 $0.00 $0.00 $0.00 $1,462.37 $0 00 $1,462.37 ROTH, DAVID H. & BAMBI L. 97 10-27-252-001 $73,248 52 $1,348.52 $0.00 $0.00 $000 $000 $1,348.52 $000 $1,348.52 BALSAMO, SUSAN MARY 98 10-27-252-024 $771.73 $41.73 $0.00 $0.00 $0 00 $0 00 $41.73 $0.00 $41.73 ROTH, DAVID H. & BAMBI L. 102 10-27-252-008 $2,116.03 $529.01 $0.00 $0.00 $0.00 $47 02 $576.03 $0.00 $529.01 ROTH, DAVID H. & BAMBI L. 103 10-27-252-009 $1,819.93 $279.93 $0.00 $0.00 $0.00 $0 00 $279.93 $0.00 $279.93 ERSCEIEN MICHAEL E. & DENISE 104 10-27-252-010 $522.17 $130.54 $0.00 $0.00 $0.00 $21.63 $152.17 $0.00 $130.54 ERSCFIEN MICHAEL E.&DENISE 105 10-27-252-011 $2,308.73 $108.73 $0.00 $0.00 $0.00 $0.00 $108.73 $000 $10873 SCHMITT, KENNE'T'H W. & CATH} 113 10-27-251-014 $3,194 25 $94.25 $0 00 $0.00 $0.00 $0.00 $94.25 $0 00 $94 25 SCHMITT, KENNETH W. & CATH} 114 10-27-251-013 $3,230 88 $130 88 $0 00 $0 00 $0,00 $0.00 8130.88 $0 00 $130 88 KONRARDY, DAVID J. 115 10-27-251-012 $2,785.04 $195.04 $000 80.00 $000 $0.00 $195.04 $000 $19504 KONRARDY, DAVID J. 116 10-27-251-011 $74,433 74 $353.74 $0.00 $0.00 $0.00 $0.00 $353.74 $0.00 $353,74 MAAS, RODNEY J. 117 10-27-251-010 $87,53498 81,724.98 $0.00 $0.00 $0.00 $0.00 $1,724.98 $0.00 $1,724.98 MAAS, RODNEY J. 118 10-27-251-010 HASTEN, MOCHAEL W. & SALLY. 1-119 10-27-251-009 $81,959.66 $2,109.66 $0.00 $0.00 $0.00 $0.00 $2,109.66 $0 00 $2,109.66 KJOS, JACQUELINE J. 2-119 10-27-251-001 $63,925.38 $4,165.38 $0.00 $0.00 $0.00 $0.00 $4,165.38 $000 $4,165.38 KJOS, JACQUELINE J. 120 10-27-251-001 KJOS, JACQUELINE J. 121 10-27-251-001 KJOS, JACQUELINE J. 122 10-27-251-001 KAISER, JEFFREY G. & BETH A. 123 10-27-251-002 $87,222.19 $462.19 $0.00 $0.00 50.00 80.00 $462.19 $0.00 $462.19 KAISER, JEFFREY G. & BETH A. 124 10-27-251-003 $5,640.97 $250.97 $0.00 $0.00 50.00 80.00 $250.97 $0.00 $250.97 SMITH, RONNIE M & COLLEEN A 125 10-27-251-004 $51,719.20 $259.20 $0.00 $0.00 $0.00 50.00 $259.20 $0.00 $259.20 SMITH, RONNIE M & COLLEEN A 126 10-27-251-004 MONTGOMERY, EVELYN L. 127 10-27-251-005 $3,103.88 $63.88 $0.00 $0.00 $0.00 $0.00 $63.88 $0.00 $6388 KLEIN, COREY P. & CONNIE R. 139 10-27-205-027 $76,792.19 $552.19 50.00 $0.00 $0.00 $0.00 $552.19 $0.00 $552.19 HONAKER, RICHARD DR c/o BRE 140 10-27-205-013 $79,263.13 $1,433.13 $0 00 $0.00 $0 00 $0 00 $1,433 13 $0 00 $1,433.13 ERICKSON, JOHN & RUTH 141 10-27-205-012 $79,611.39 $1,481.39 $0.00 $0.00 $0.00 $000 $1,481.39 $0.00 $1,481.39 SCHROEDER, DONALD R. & BETT 2-142 10-27-205-025 $82,513.85 $23.85 $0.00 $0.00 $0.00 $0.00 $23.85 $0.00 $23.85 ERICKSON, JOHN &RUTH 10142 10-27-205-011 $7,609.12 $1,479.12 $0.00 $0.00 $0.00 $0.00 $1,479.12 80.00 $1,479.12 LAMBERT, CATHERINE E. 143 10-27-205-010 $81,790.70 $3,690.70 $0.00 $0.00 $0.00 $0.00 $3,690.70 $0.00 $3,690.70 LAMBERT, CATHERINE E. 144 10-27-205-010 LAMBERT, CATHERINE E. E.25'-145 10-27-205-010 02/12/2001 OWNER MEJIA, FERNANDO & LORI MEJIA, FERNANDO & LORI SCITUSTER, MERLIN N. & NORMA SCHUSTER, MERLIN N. & NORMA WEIDERT, RICHARD JAMES & SA WEIDERT, RICHARD JAMES Sc SA YOST, FREDERIC V. JUDILAIN J. YOST, FREDERIC V. JUDILAIN J. DRISCOLL, FLOYD J. & JANET M. DRISCOLL, FLOYD J. & JANET M. BLASER, RICHARD 1. LOT DESCRIPTION CITY OF DUBUQUE, IOWA VAN BUREN STREET (PENNSYLVANIA TO UNIVERSITY) PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS 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. PARCEL VALUATION w/ NET PAVING SIDEWALK SEWER WATERMAIN DEFICIENCY GROSS WATER SERVICE TOTAL NET No IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT W.25'-145 E.40'-146 W.10'-146 1-147 2-147 148 149 10-27-205-009 10-27-205-008 10-27-205-007 10-27-205-007 10-27-205-006 10-27-205-006 10-27-205-005 150 10-27-205-004 151 10-27-205-003 152 10-27-205-002 153 10-27-205-001 VAN ANNA PEACE BLUML, DONALD E. & CAROL J. 16 10-27-130-012 SCHMELZER, KEITH S. & DOROTI 15 10-27-130-011 SCHREIBER, ROBERT D. & DIANA HEDI-EY, JEREMY J. LANGE, TERRENCE T. & JOANIET- TURNMEYER, EUNICE E. & RICH/ 11 RANG, FRANCIS W. & JANET L. 10 14 10-27-130-010 13 10-27-130-009 12 10-27-130-008 10-27-130-007 10-27-130-006 HENKEL, LORA A. IIENLEL, LORA A. WHITE, RONALD R. LENOX ADD. 164 165 166 10-27-130-005 10-27-130-004 10-27-130-003 McCREADY, LARRY A. & EVELYI' 2-167 10-27-130-002 KUTSCH, CHARLES J. & CINDY S. 1-167 10-27-130-001 FREISINGER, PAUL H & DARLENI 177 10-27-130-014 FREISINGER, PAUL H. & DARLENI 178 10-27-130-015 BROWN'S PLACE McCREADY, LARRY A & EVELYI• 2-1-2-2 10-27-130-002 KUTSCH, CHARLES & CINDY S 1-1-2-2 PATZNER, VERNUS L. & FERN A. 2-2-2 MICFIELS, CARL J. & LUDWITZ, K 145 10-26-426-001 10-26-426-013 10-26-233-008 $4,978.14 $738.14 $66,841.02 $1,181.02 $77,453.91 $1,623.91 $85,483.91 $1,623.91 $75,756.28 $1,476.28 $8,36628 $1,476.28 892,546.28 $1,476.28 $10,316.28 $1,476.28 $86,846.28 $1,476.28 $116,523.98 $2,953.98 $102,163.45 $1,963.45 $112,80345 $1,96345 899,143.45 $1,963.45 $98,723.45 $1,963.45 $95,61345 $1,963.45 $93,033.45 $1,963.45 $8,756.28 $1,476.28 $46,546.28 $1,476.28 $83,298.33 $1,468.33 $101,025.63 $2,605.63 $103,786.69 $2,126.69 $8,607.22 $837.22 $45,55021 $370.21 $127,672.69 82,752.69 $67,900.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 Woo 80.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 Moo 80.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 80.00 $000 $0.00 $738.14 $1,181.02 $1,623.91 $0.00 $1,623.91 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 80 00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $1,476.28 $1,476.28 $1,476.28 $1,476.28 $1,476.28 82,953.98 $1,963.45 $1,963.45 $1,963.45 81,963.45 $1,963.45 $1,963.45 $1,476 28 $1,476.28 $1,468.33 $2,605.63 $2,126.69 $837.22 $370.21 $000 $2,75269 Woo Moo $0.001 $738.14 $0.00 $1,181 02 $0.00 $1,62391 80.00 $1,623.91 $0.00 $1,476.28 $0.00 $1,476.28 $0.00 $1,476.28 $0.00 $1,476.28 $0.00 $1,476.28 $0.00 $2,953.98 $0.00 $1,963.45 $0.00 $1,96345 $0.00 $1,963.45 $0.00 $1,963.45 $0.00 $1,963.45 $000 $1,963.45 $0.00 $1,476.28 $0.00 $1,47628 $000 $1,46833 $0.00 $2,605 63 $0.00 $2,126.69 $0.00 $837.22 $0.00 $370.21 $0.00 $2,752.69 $594.55 $594 55 $181,625.90 $3,829.38 $0.00 $6,355.36 $1,930.93 $193,741.57 $8,528.29 $200,338.93 02/12/2001 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1999 P.C. Concrete Paving Project- No. 1 (Bryant Street, Booth Street, and Van Buren Street); and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of April, 2001, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 1999 P.C. Concrete Paving Project - No. 1 (Bryant Street, Booth Street, and Van Buren Street). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Street Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this day of ,2001. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works DJreclor Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 NOTICE TO PROPERTY OWNERS Notice is given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Dubuque, Iowa, for an improvement of the type(s) and in the location(s) as follows: Installation of a copper water service and sanitary lateral for the properties which are described as follows: That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: Karl A. Rettenberger, Sr., and Freda A. Rettenberger Rettenberger Place Lot 2 (Parcel No. 10-27-230-10) The City Council will meet at 6:30 p.m. on the 2® day of April, 2001 at the Public Library Auditorium, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the City Clerk. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD (319) 589-4193 in the Human Rights Department at least 48 hours pdor to the meeting. Published by order of the City Council given on the ,2001. day of Jeanne F, Schneider City Clerk C FTY OF DUBUQUE, IOWA VAN BIJIU:N S7 REG( (PENNSYLVANIA TO UNIVERSITY) SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS the following schedule Is hereby deternuned to show each lot proposed to be assessed ler the improvement shown in the title together with the amount 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 or PARCEL VALUA710N w/ NET PAVING SIDEWALK SEWEII WATEIIMAIN DEFICIENCY GROSS WAIEIt SERVICE 10Y1 AL NIT 1 DESCRIPfI' No, IMPROVLMEN7 ASSESSMENT ASSESSMEMI ASSESSMENT ASSESSMEN1 ASSESSMENT ASSESSMENT ASSESSNIINT ASSESSMENT RF-TIEAt1KRGF:It PLACE RL"ft LNBEROER, KARL A SR &FREDAA 2 10-27-230.010 SI388769 $0,00 $0 00 51,/33,90 $785,87 $1,897.93 02/12/2001 $4,517,69 50 00 $2,619,76 PARTIAL PAYMENT: PROJECT NAME: CONTRACTOR: CODE CiD' of Dubuque FINAL 1999 PCC Paving Projects # I (Bryant St.,N. Booth and Van Buren) Horsfield Construction, Inc. ITEM UN1T DATE: Feb. 1.2001 CONTRACT AMOUNT: $1,961,829.38 QTY. UNIT COST TO DATE COST 2 3 4 5 6 7 8 9 10 16 19 20 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 42 43 44 45 46 47 48 49 50 1103.0200 Excavation, Unclassified CY 11o3.o21o Excavation, Rock CY 1 I05.0100 Backfill Limestone Ton 1105.0102 Backfill Topsoil SY 1201.0100 Graded StoneBase Ton 12o2.oloo Granular Subbase (Special) Ton 1203.0100 3" Crashed Stone Base Ton 1205.0200 Bedding Stone, (I") Clean Ton 13Ol.O5O0 Removal of Asphalt Pavement SY 1301.1302 ACC Surface Course (Headers) Ton 13Ol.21oo Asphalt, Surfacing of Driveway and Patches Ton 1402.0162 PC Concrete Pavement, (7") w/Integral Curb, Class "C" SY 14o1.1600 PC Concrete Pavement, M4 (differentiate cost adjustment to PCC Concret~ SY SY 1402.0168 PCC Concrete Pavement 8" w/Integral Curb, Class "C" w/CD Baskets 1402.0500 Removal of Concrete Pavement (w/curbs) SY 1402.0700 Adjustment of Fixture in Concrete Pavement Each 14o3.o3ol Remove and Replacement of PC Concrete Curb & Gutler LF 1404.0114 PCC Sidewalk, 4" SF 1404.0546 PCC Driveway, 6", Remove and Construct SY 1404.0554 PCC Sidewalk, 4', Remove and Construct SF 1501.I010 Sanitary Sewer Pipe Location: Bryant Street Pipe Repair 1BR LF 15o1.1OlO Sanitary Sewer Pipe, Repair Location: Bxyant Street Pipe Repair 1BR LS Pipe Repair 2BR LS Pipe Repair 3BR LS Location: Booth Street Pipe Repair 3BO LS Location: Van Buren Street Pipe Repair 1VB LS Pipe Repair 2VB LS Pipe Repair 3VB LS Pipe Repair 4vB LS Pipe Repair 5VB LS 15Ol.228o Sanitary Sewer Manhole, Replace Cone Section Each 1501.2370 Sanitary' Sewer Manhole, Complete Location: Bryant Street Manhole No. A LS I5Ol.237o Sanitary Sewer Manhole, Replace, Complete Location: BDant Street Manhole No. IBR LS Manhole No. 2BR LS Mm~ol¢ No. 3BR LS Manhole No. 4BR LS Manhole No. 5BR LS Manhole No. 1 -A BR LS Manhule No.2-A BR LS Manhole No.3-A BR LS Manhole NoA-A BR LS Location: Booth Street Marthole No. 1BO LS Manhole No. 2130 LS Mm~hole No. 3BO LS Ma~hule No. 4BO LS Manhole No. 5BO LS Manhole No. 6BO LS Manhole No. 7BO LS 15Ol.2801 Sanitary Sewer, Tee 15" x 4" Each 1501.28o2 Sanitary Sewer, Wye 12"x4" Each $4.00 22775.87 $91,103.48 $60.00 89.74 $5,384.40 $4.50 10061.38 $45,276.21 $1.75 6118.2 $10,706.8~5 $8.25 2107.44 $17,386.38 $8.25 20689.02 $170,684.4~2 $8.25 19109.7 $157,655.03 $8.25 1267.02 $10,452.92 $1.50 15414.09 $23,121.I4 $55.00 704.64 $38,755.20 $40.00 17.14 $685.60 $22.60 22069.1 $498,761.66 $6.00 539.24 $3,235.44 6016.37 $140,783.06 $28,383.18 83 $12,450.00 604.2 $9,063.00 I386.2 $3,465.50 $23.40 $2.50 11353.27 $150.00 $15.00 $2.50 $28.00 1579.54 $44,227.12 $2.50 42170.9 $105,427.25 $0.00 0 $0.00 $0.00 0 $0.00 $48.00 15 $720.00 $0.00 0 $0.00 $0.00 ~ 0 $0.00 $845.00 I $845.00 $5,160.00 I $5,160.00 $5,035.00 I $5~35~0 $o.oo o $o.o~o $950.00 1 $950.00 $0.00 0 $0.0._.~0 $2,035.00 1 $2,035.00 $11,730.00 1 $11,730.00 $3,300.00 1 $3,300.00 $995.00 1 $995.00 $3,320.00 1 $3,320.00 $775.00 2 $1,550.00 $0.00 0 $0.00 $0.00 0 $0.00 $2,175.00 I $2~75.00 $0.00 0 $0.00 $0.00 0 $0.00 $2,515.00 1 $2,515.0~0 $2,400.00 1 $2,4O0.00 $2,300.00 1 $2,300.00 $2,095.00 1 $2,095.0~0 $2,800.00 1 $2,800.00 $2,300.00 1 $2,300.00 $2,525.00 I $2,525.00 $2,550.00 I $2,550.00 $2,235.00 I $2~35.00 $0.00 0 $0.00 $2,420.00 1 $2,420.00 $2,225.00 1 $2~25.00 $2,665.00 1 $2,665.00 $2~10.00 1 $2,210.00 $2~30.00 1 $2,230.00 $2,730.00 1 $2,730.00 $2,230.00 1 $2,230.00 $1,400.00 0 $0.00 $765.00 0 $0.00 PARTIAL PAYMENT: PROJECT NAME: CONTRACTOR: CODE 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 72 73 74 75 Special 79 80 82 83 84 85 86 87 88 89 90 92 93 94 95 96 97 98 99 100 I02 103 104 105 106 Spedal 107 Special City of Dubuque FINAL I999 PCC Paving Projects #1 (Bryant St.,N. Booth and Van Buren) Horsfiald Construction, Inc. ITEM UNIT DATE: Feb. 1,2001 CONTRACT AMOUNT: $1,961,829.38 QTY. UNYf COST TO DATE COST 1501.2900 Sanitary Sewer, 4" C.I.P. Lateral with Tap and Saddle Location: Bryant Street Laterial No. 333 Laterial No. 620 Laterial No. 330 Laterial No. 360 Laterial No. 648 Latehal No. 658 1501.2910 Sanitary Sewer, 4" C.I.P. Lateral 1502.1020 Storm Sewer, Repair Location: Booth Street Stm No. 1 15o2.2112 RCP Storm Sewer 12" 1502.2115 RCP Storm Sewer 15" 1502.2115 RCP Storm Sewer 15" Special 1502.2118 RCP Storm Sewer 18" 1502.2118 RCP Storm Sewer 18' Special I502.2121 RCP Storm Sewer 21' Special i502.2124 RCP Storm Sewer 24" 1502.2124 RCP Storm Sewer 24" Special 1502.2127 RCP Storm Sewer 30' 1502.2130 RCP Storm Sewer 30" Special 1502.2201 Storm Sewer Manhole, Complete 1502.2202 Storm Sewer Manhole, Remove and Replace, Complete 1502.2510 Storm Sewer, Intake 101-B 1502.2511 Storm Sewer, Intake 101-B Special 1502.2540 Storm Sewer, Intake 104-B 1502.2545 Storm Sewer, Intake 104-B Special Tap existing 5x5 RCP Box Fillet existing 5x5 RCP Box Tap existing 84 RCP Storm Sewer, Intake Remove and Reuse Grates 1502.2560 Storm Water Curb Opening Neenah R-3262-3 1503.1000 Watermain Connect to existing main w/Valve Box 1503.1261 Watermain 6" DIP, Push on Joint w/Polywarp, Class 52 1503.1280 Watermaln 8" DIP, Push on Joint w/Polywarp, Class 52 1503.1281 Watermain 10" DIP, Push on Joint w/Polywarp, Class 52 1503.2616 Fitting 6x6x6 MJ Tee 1503.2646 Fitting 6x6x6 Anchor Tee 1503.2646 Fitting 8xSx6 Anchor Tee 1503.2648 Fitting 12xl2xSAnchor Tee 1503.2649 Fitting 8xSx6x6 Four Way 1503.2660 Bend 6" (45 deg) MJ 1503.2660 Bend 6" (22 l/2deg) MJ 1503.2660 Bond 6" (11 l/4deg) MJ 1503.2663 ReducerS"x6" MJ PE 1503.2700 Valve, Gate (6') RS "O" Ring MJ 1503.2700 Valve, Gate (8") RS "O' Ring MJ 1503.2701 Valve, Gate (10") RS "O" Ring MJ 1503.2705 Mega Lug Retainer Glands 6" 1503.2718 Water Valve Box Adjus-maent, Repair and Clean 1503.2719 Water Valve Box, (Street) Replace Upper Sections and Lids 1503.2900 Hydrants MI New 1503.4256 Sleeve 6" 441 1503.4256 Sleeve 10' 441 1503.7006 Water Service Line, 3/4" Copper pipe 1503.7008 Water Service Lines stop Box, 3/4' Tap Installation I503.7006 Water Service Line, 1" Copper pipe 1503.7008 Water Service Umes stop Box, 1" Tap Installation Water Service Disconnect Water Service Line, Corp 3/4" LS LS LS LS LS LS LF LS LF LF LF LF LF LF LF LF LF LF Each Each Each Each Each Each Each CY Each Each Each Each LF LF LF Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each LF Each LF Each Each Each $0.00 0 $0.00 $0.00 0 $0.00 $900.00 I $900.00 $900.00 l $900.00 $900.00 1 $900.00 $900.00 I $900.00 $900.00 I $900.00 $900.00 1 $900.00 $100.00 6.25 $625.00 $0.00 0 $0.00 $0.00 0 $0.00 $4,090.00 1 $4,090.00 $23.00 16 $368.00 $24.00 770.7 $I8A96.80 $36.50 2306.6 $84,190.90 $27.50 67.5 $1,856.25 $41.00 926 $37,966.00 $45.50 378 $17,199.00 $35.00 9 $315.00 $47.00 654.3 $30,752.10 $45.00 21.5 $967.50 $55.00 150 $8,250.00 $1,165.00 0 $0.00 $1,450.00 I $1,450.00 $1,200.00 55 $66,000.00 $1,600.00 7 $11,200.00 $1,800.00 3 $5,400.00 $2,000.00 0 ~$0.00 $660.00 2 $1~20~0 $90.00 0 $0.00 $660.00 0 $0.00 $500.00 2 $1,000.00 $70.00 23 $1,610.00 $1,145.00 0 $0.00 $23.50 1782.21 $41,881.94 $26.25 1049.3~' $27,546.49 $50.00 0 $0.00 $230.00 2 $460.00 $335.00 3 $l,005.00 $420.00 2 $840.00 $540.00 2 $I,080.00 $445.00 2 $890.00 $200.00 12 $2,400.00 $200.00 3 $600.00 $200.00 5 $1,000.00 $200.00 I $200.00 $500.00 16 $8,000.00 $660.00 3 $1,980.00 $900.00 I $900.00 $170.00 33 $5,610.00 $115.00 7 $805.00 $115.00 11 $1,265.00 $1,500.00 4 $6,000.00 $265.00 30 $7,950.00 $400.00 1 $400.00 $15.75 1212 $1K089.00 $400.00 64 $25,600.00 $30.00 40 $1,200.00 $550.00 2 $1fi00.00 $500.00 11 $5,500.00 $350.00 5 $I,75000 PARTIAL PAYMENT: PRO~ECT NAME: CONTR~CTOPc CODE 109 Special 110 1506.0100 112 1703.0110 113 1703.0110 115 1704.0201 116 1705.0100 117 1705.0200 118 1801.0000 119 19Ol.OlOO 120 19Ol.OlOO 121 19Ol.OlOO 122 19o2.oloo 123 19o2.oloo 124 19o2.oloo 125 19o3.oloo 126 19o4.OlOO 127 1906.o100 128 1909.OLOO 129 191o.oooo 130 1911.OLOO 131 1912.OLOO 132 1913.0100 133 1913.0100 134 2000.0000 135 136 137 138 139 140 14I 142 I43 I44 145 146 I47 148 149 150 151 152 153 154 155 156 157 158 159 160 161 I62 163 164 165 166 City of Dubuque FINAL 1999 PCC Paving Projects #I (Bryant St.,N. Booth and Van Buren) Hmsfi¢ld Construction, Inc. DATE: Feb. 1,2001 CONTRACT AlviOUNT: $1,961,829.38 QTY. ITEM Water Service Line, Cap 1" pipe Watermain Installation wi Extraded Styrofoam Removal of k~takes Sodding Subdmin, Perforated Plasdc Pipe 6" dia Subdraln, Perforated Plastic Pipe 6" dia -Tee PCC Steps, Remove and Construct Retaining Wall, (Standard Segmental) Sawcut Concrete Asphalt Sawcut Pavement Marking Traffic Signal and Street Light, Conduit 1" PVC, in Trench Traffic Signal and Street Light, Conduit 1 1/I 2" PVC, in Trench Traffic Signal and Street Light, Conduit 2" PVC, in Trench UNIT LrN]T COST TO DATE COST Each LF Each SY LP LF Each SF LF LF LF LF LF LF $250.00 1 $250.00 $3.00 16 $48.00 $300.00 13 $3,900.00 $3.75 6288.21 $23,580.79 $6.50 8932 $58,058.00 $30.00 18 $540.00 $50.00 14.55 $727.50 $21.00 195 $4,095.00 $3.00 593.3 $1,779.90 $2.00 1377.9 $2,755.80 $0.34 0 $0.00 $11.80 24.5 $289.10 $11.21 122.8 $1,376.59 $11.73 117.5 $1,378.28 $2.84 228 $647.52 $2.10 21 $44.10 $2.44 18 $43.92 $449.00 4 $1,796.00 $195.84 4 $783.36 $202.23 4 $808.92 $272. I3 I $272.13 $212.49 2 $424.98 $499.82 I $499.82 $619.40 3 $1,858.20 $62.38 6 $374.28 $1,426.31 1 $1,426.31 $18,548.00 I $18,548.00 $0.00 0 $0.00 $0.00 0 $0.00 $15.00 224.93 $3,373.95 $29.95 70.11 $2,099.79 $198.30 8 $1,586.40 $306.75 1 $306.75 $159.60 2 $319.20 $198.30 13 $2,577.90 $188.50 I $188.50 $90.60 I $90.60 $112.39 10 $1,123.90 $1,394.75 4 $5,579.00 $137.75 2 $275.50 $162.00 5 $810.00 $13.98 2 $27.96 $15.00 8 $120.00 $300.00 I $300.00 $27.75 40.2 $1,115.55 $76.45 5 $382.25 $29.95· 166.9 $4,998.66 $36.60 15.6 $570.96 $6.00 121 $726.00 $27.61 53.6 $1,479.90 $55.60 1 $55.60 $43.90 27 $1,185.30 $442.75 1 $442.75 $2,073.20 1 $2,073.20 $150.00 17 $2,550.00 $315.I0 17 $5,356.70 Electrical Cable in conduit # 14 AWG 12C Electrical Cable in conduit #14 AWG 2C Shielded Electrical Cable in conduit #8 AWG PCC Foundation, Traffic Signal 24" Dia x 54" Deep Traffic Signal Pole Installation Traffic Signal Head Installation, pale Elec~a'ical Service Installation Junction Box, ~s per plan Contraller Loop Demctor PedesaSan Pushbutton And Sign Removal of Trafflc Signals, Equipment and Foundations Traffic Control EXTRA WORK Lateral 4' Watermain 12" DIP, Push on Joim w/Polywarp, Class 52 Bend 12" (45 deg) MI Fitling 12x12x6 Anchor Tee Reducer 12 x 10 Sleeve 12" 441 Sleeve 12" Solid MI Water Value, Gate 12" Sanitary Sewer, 8" x 4" Tee Compression Coup[ling Water Service Line, 1 I/4" Copper pipe Storm Tap Sanitary Sewer, 8 DIP Sanitary Sewer, 8" Band Seal Storm Sewer 12 DIP RCP Storm Sewer 24" Tongue and Groove Removal of Storm Sewer Storm Sewer 10 DIP Cap 6" MJ LF LF LF Each Each Each Each Each Each Each Each LS LS LF LF Each Each Each Each Each Each Each Each Each Each Each LF LS LS LS LF LF LF LF Each LF Each Each Each Each LF Hours LS LF LF $25.00 18 $450.00 $77.00 1.5 $115.50 $400.00 1 $400.00 $0.50 1840 $920.00 $17.50 8 $140.00 City' of Dubuque PARTIAL PAYMENT: FINAL PROJECT NAME: 1999 PCC Paving Projeals #1 (Bryant St.,N. Booth and Van Buren) CONTRACTOR: Horsfield Construction, Inc. CODE ITEM UNiT DATE: Feb. 1,2001 CONTRACT AMOUNT: $1,961,829.38. QTY. UNIT COST TO DATE COST 167 asphalt Milling 168 Remove Sod 169 Relocate Curb Stop 170 Relocate Fire Hydrant 171 Fiat Grade Repair - Lower Booth St. 172 RCP To Cig,- yard 173 4' San. LateralsCompletew/Tee 174 4' San. Laterals Complete w/o Tee 175 Tan~zo Driveway SY $56.93 60.71 $3,456.22 LS $485.00 1 $485.00 Each $75.00 2 $150.00 Each $442.00 2 $884.00 LS $2,437.00 1 $2,437.00 LS $3,499.17 1 $3,499.17 Each $1,700.00 5 $8,500.00 Each $1,400.00 8 $11,200.00 LS $5,219.67 1 $5,219.67 I hereby certify that the abo[e s~tement show~n detail the correct mount o f a~ work/~eq~iirel ~/complete ~ above improvere~nt. Michael Van IVI~l~igen, City Manager - Cit~ of Dubuque,lowa TOTAL DUE CONTRACTOR ENGINEERING TOTAL CONSTRUCTION COST Michael A. Koch Public Works $2,160,641.20 $226,867.33 $2,387,508.53 -of The undersigned. . contractor for the above improvement, does hereby accept the above '~rotal Due Contractor", as N(~N'-TT~OR' .~.thl' settlement f°r all c;~'s' fT/;}Tm~z ~-E~' DUBUQUE REGIONAL AIRPORT COMMI~qSION MEETING Monday, January 29, 2001 4:30 p.m. Dubuque Regional Airport Dubuque Air Service Conference Room PRESENT: ABSENT: STAFF: GUESTS: 01. 02. Doug Brotherton, Rick Goodin, Jim O'Neill, Teri Goodmann, and John Markham None Ken Kraemer, Bob Boleyn, Peggy Dickson, and Gordy Vetsch Sid Scott APPROVAL OF MINUTES Jim O'Neill made a motion to approve the minutes of the 12/21/00, 01/03/01, and 01/08/01 Airport Commission meetings. This motion was seconded by Rick Goodin. AYES: All. NAYS: None. IOWA DEPARTMENT OF TRANSPORTATION VERTICAL INFRASTRUCTURE GRANT ACCEPTANCE Jim O'Neill made a motion to accept IDOT FY 2001 Commercial Air Service Infrastructure Agreement with Resolution A100-A-2001 and authorized the Chairman to sign the Resolution and Iowa DOT Contract No: 04640. This motion was seconded by Rick Goodin. AYES: All. NAYS: None. Jim said he wanted to express his thanks to the staff who worked on putting together the t-hangar and terminal exterior work. 03. PUBLIC OFFICIALS INSURANCE The Commission spent a considerable time discussing the lack of Public Officials Insurance coverage discovered lacking from the City's ICAP policy. They also discussed whether they felt there was any personal liability to themselves during the period there was no coverage. At a January 25, 2001 meeting, Barry Lindhal indicated the City has an obligation to defend and hold the Airport Commission and staff harmless from any tort claim, with the only exception of willful and wanton acts of a malicious nature. There was discussion of just what the phrase "willful and wanton acts of a malicious nature" would include. Rick Goodin expressed some concern as to whether to ask Barry F..ISHAREDIOLDSERVEIWP51¢DATAIPEGIJAN29MIN. DOC Page 1 Printed.. Friday, February 2, 2001 at 1.'54 pm Airport Commission Minutes January 29, 2001 Meeting Page 2 Lindahl to put this obligation in writing for the Commission. Ken, Doug, and John responded by telling Rick that Barry was quoting the Iowa statutes. There was discussion as to what is the nature the Airport Commission as it is involved in more than policy issues. The two task forces that assist the Airport Manager are not covered, however, they do not set policy, nor make decisions. At that January 25, 2001 meeting, it was concluded there was no action of the Airport Commission or staff in the past five years that would make it necessary for the extra expense for prior acts coverage. The cost of the coverage will be $7,227 annually through O'Connor Insurance. The first policy coverage will be written for a 17 month period to coincide with the city budget fiscal year and will cost $10,700.82. Mike Van Mi/ligen has said this expense will be covered by the City as this is not currently budgeted in the Airport budget. Jim O'Neill made a motion to approve obtaining the policy through O'Connor Insurance. This motion was seconded by John Markham. AYES: All. NAYS: None. 04. AIRPORT MANAGER'S UPDATE The Commission discussed in length the rental car leases. The Commission stated the leases are both expired and have been on-going for far too long, and gave the Airport Manager a 30-day timeframe. There was discussion on the revenue reduction from the car washing, and questioned if there was a drop in rental car fuelJng, and the extra car overran charges. Ken will provide the Commission with a revenue stream projection. Chuck Clayton from Chartaire has told Airport staff he is selling his two single engine aircraft. The Commission examined the options available if he did not purchase or lease other single engine aircraft to continue flight instruction. One option is advertising and offering incentives to another business to fill the need if the airport has no pilot instruction available. The Commission asked the Manger to contact Chartaire for a decision by the next meeting so the Commission can take appropriate action. F:ISHAREDIOLDSERVEIWP511DATAIPEGIJAN29MIN. DOC Page 2 Printed: Friday, February 2, 2001 at 1:55 pm Airport Commission Minutes January 29, 2001 Meeting Page 3 I. J. K. The Commission was reminded of their budget presentation with the City Council on February 15th. The Commission was not interested in a preview of the presentation. There was some discussion on the Duuque Air Traffic Control Facility and the hours of operation as three airline operations are missed each day. However, since there does not appear to be much of an opportunity to increase hours because of budgetary constraints so the Commission will take no futher action. Ken Kraemer advised the Commission that tracking of license information for patrons parking at the airport would entail another one and one-half hours of staff time daily for parking. Since this information was to be used for marketing, and our tight marketing budget does not have sufficient money to advertise adequately in Dubuque. The Commission agreed it did not need to be implemented. Ken advised the Commission that the semi-annual legislative conference will be in Washington, D.C., on March 26th and 27th. He asked if anyone was interested in going with him, or if the Commission cared to make this Commission trip to Washington and invite a member of the city council and/or air service task force member. The Commission decided was too early in the year and they would set a later date for their visit. The approval of out of town travel for the Airport was discussed. The Administrative Policies that require prior approval of all trips by the City Manager, in the past all Airport travel has always been approved by the Airport Commission. After some discussion, Doug Brotherton said be would talk with the City Manager. John Deere Corporation will be advertising in the terminal building. Ken will be vacation from June 11, 2001 to July 5, 2001. Ken gave the Commission the new e-mall addresses of the staff. The next Airport Commission meeting will be on Monday, February 26, 2001, Teri Goodmann will be out of town for that meeting. F..ISHAREDIOLDSERVEIWP511DATAIPEGIJAN29MIN. DOC Page 3 Printed: Friday, February 2, 2001 at 1:52pm Airport Commission Minutes January 29, 2001 Meet'mg Page 4 On February 7th, Bob and Ken will be going down to Des Moines for Legislative Days on February 8, 2001. The Commission discussed PDQs and the need to have them done on a timely basis as they felt Kevin Foley left as a direct result of an unprocessed PDQ. There was a long discussion about how much this should be done directly with the Human Resource Department where the City has a department set up to deal with such matters. John Markham made a motion that personnel issues such as PDQs be left the Manager's discretion, and the Commission would not be involved. This motion was seconded by Jim O'Neill. AYES: John Markham, Terry Goodmann, and Jim O'Neill. NAYS: Rick Goodh~ and Doug Brotherton. The motion passed. The Commission said they had not received performance evaluations on all employees that were to be done by the end of the year, and asked Ken to have them done within 30 days. Ken was reminded that he was not holding weekly staff meetings. The Commission said they had received minutes of only two meetings in January. The meetings are to be no more than one hour in length and to be done every week whether all staff members are present or not. CORRESPONDENCE There was no discussion on the correspondence. 06. GOALS At 6:05 p.m. the Commission moved from the regular meeting into a goal setting session attended only by Commission members, Airport Manager and the moderator, Sid Scott. Meeting adjourned at 8:10 p.m. F. qSHAREDIOLDSERVEIWP5]IDATAtPEGIJAN29MIN. DOC Page 4 Printed: Friday, February 2, 2001 at 2:46 pm MINUTES OF CABLE TV REGULATORY COMMISSION MEETING JANUARY 10, 2001 CITY HALL ANNEX CONFERENCE ROOM # 2, 1300 MAIN ST. MEMBERS PRESENT:. MEMBERS ABSENT: OTHERS PRESENT: Charles Ellis, Chairman, Ron Tigges, Craig Schaefer Michael Pratt, Walt Webster Merrill Crawford, Cable Franchise Administrator Chairman Ellis called the meeting to order at 5:32 P.M. 1. Acceptance of the Agenda. Upon a motion by Mr. Schaefer, seconded by Mr. Tigges, the agenda was accepted as published. 2. Approval of the Minutes of the November 8, 2000 Meeting. Upon a motion by Mr. Schaefer, seconded by Mr. Tigges, the Minutes of the November 8, 2000 Commission meeting were approved as distributed. 3. Public Comment. The Chairman noted there was no one present to address the Commission. 4. Status of Telecom Projects in Dubuque. Mr. Crawford told Commissioners that Illinois PCS was still interested in putting up a cellular transmission tower near Four Mounds, along Roosevelt Road, but it was not clear if the company at this time would appeal the Zoning Board's denial of the requested site, or challenge the denial in court, or return with an alternate proposal. He also reported indications that McLeodUSA has finished beta testing of their digital telephone switch and is ready to offer DSL service and ISDN-PRI service to general customers in Dubuque by using Qwest's existing telephone lines. 5. Franchise Renewal. Mr. Crawford told Commissioners of a number of developments regarding AT & T Broadband which would have some impact on franchise renewal. First he told them of the reorganization and restructuring of the company which has 1 resulted in the termination of all AT & T local system general managers'and the consolidation of customer service and technical management into regions. The Dubuque system will be serviced and managed out of the eastern Iowa region from an office in Moline, Illinois, although franchising activities will still be handled by Jon Koebrick out of Cedar Rapids. He also told Commissioners that although Kathy McMullen's general manager days in Dubuque ended at the end of the calendar year, she had accepted another position regarding customer service for the area including Cedar Rapids, Waterloo, and Iowa City, but not including Dubuque and the Mississippi River valley systems. Mr. Crawford told Commissioners that there were reports in the trade magazines that AT & T might be entertaining offers to purchase many of its systems in rural states such as Iowa and that several other cable companies have been looking at the Dubuque physical plant. The City will be meeting with a consultant from River Oaks Communications Corporation in the next week regarding community cable and telecom needs assessment, not only for cable franchise renewal purposes, but also for community development and stimulating the entry of new players to deliver communication services in Dubuque. Commissioners expressed some concern whether a change in ownership of the local cable system would impact the continuation of the @ Home cable modem service. AT & T Broadband General Manager's Report. In the absence of an AT & T general manager, Mr. Crawford distributed copies of Kathy McMullen's written report for the Commission meeting in December which had been canceled due to bad weather. It was moved by Mr. Schaefer, seconded by Mr. Tigges, that the Commission Chair send a letter to Kathy McMullen's new immediate supervisor at AT & T, expressing compliments and gratitude on the part of the Commission for her past service to the community as an employee of the local cable system. The motion passed unanimously. In reviewing Ms. McMullen's written report, the Commissioners expressed confusion over the term "genre tier" as no one around the table was able to offer a convincing theory as to what the term means. Mr. Crawford will ask the cable company and provide translation at the next meeting. Cable Franchise Administrator Report. Mr. Crawford distributed copies of the notice he had received from AT & T regarding the 5% increase in basic service rates scheduled to be implemented February 1st. The Commissioners discussed the rate increase and the rapidly 2 changing promotional package offers which benefit subscribers who periodically call the cable company to check on the latest special deals. He told Commissioners of the first instances of cable companies declining to pay franchise fees on revenue from cable modem service, on the west coast. Mr. Ellis led a discussion regarding the funding of certain City of Dubuque operations outside the Cable TV Division with cable franchise fees, and directed that an item be placed on the agenda of the next Commission meeting pertaining the non-cable-related uses of franchise fees. Mr. Crawford told Commissioners that the final draft of the RFP for the City government website was being reviewed by the City Manager and that he hoped the RFP should be re~eased to interested vendors within the next few weeks. He distributed copies of the current draft and invited comments or corrections from Commissioners. Mr. Schaefer led a discussion inquiring as to the role of the two cable commissions in the franchise renewal process. 8. Future Agenda Items. The topic of the use of franchise fee revenues in the City of Dubuque budget will be added to the next meeting agenda. 9. Adjournment. Upon a motion by Mr. Tigges, seconded by Mr. Schaefer, the meeting was adjourned at 6:26 P.M. MC/cj 3 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 5, 2OO1 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahh Nicholson, 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 City Council. Invocation was given by Reverend Anthony Noel, Pastor of Abundant Harvest Church of God. Ralph Vedder of Divine Word Seminary in Epworth, introduced two students with a group of students from France who addressed the Council expressing appreciation for this introduction to our city government. CONSENT ITEMS Minutes Submitted: Airport Commission of 12/28/00, 1/03, and 1/08; Cable Community Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15; Civil Service Commission of 12/27/00; Environmental Stewardship Advisory Commission of 1/9; Five Flags Commission of 12/18/00 and 1/15/O1; Housing Commission Trust Fund of 1/18; Human Rights Commission of 11/13/00; Investment Oversight Commission of 1/18; Long Range Planning Advisory Commission - Downtown Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board of 1/17, upon motion received and filed. Proof of Publication for Council Proceedings of 1/2/00, 1/11, and 1/15; upon motion received and filed. Printed Council Proceedings for December 2000, upon motion approved as printed, Finance Director submitting the Financial Reports for the month ending December 31, 2000; Quarterly Report of the Investment Oversight Advisory Commission, upon motion received and filed. Substance Abuse Services Center Second Quarter Report, upon motion received and filed. Notice of Claims/Suits: Ross Ball in estimated amount of $270 for property damage; Thomas J. and Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove Tool, Inc. in estimated amount of $209 for vehicle damage; Kathleen M. Kane in estimated amount of $48.74 for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in undetermined amount for vehicle damage; Lois Link in undetermined amount for personal injuries; Mercy Health Center in estimated amount of $191.20 for property damage; Klm Mesch in estimated amount of $367.41 for property damage; Monte Carlo Restaurant in undetermined amount for loss of business; Brian C. Noel in 1 undetermined amount for vehicle damage; Mary C. Oglesby in undetermined amount' for personal injuries; Susan A. Walgamuth in undetermined amount for vehicle damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the iowa Communities Assurance Poot: Vicki Bechen for property damage; Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State Farm Insurance for property damage; The Shot Tower Inn for loss of business; and John Vollenweider for vehicle damage, upon motion received and filed and concurred with disposition. Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the amount $275.53 for vehicle damage; Grove Tool, Inc. in the amount of $209 for vehicle damage; Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the amount of $191.20 for property damage, upon motion approved settlement and Finance Director be directed to issue the appropriate checks. Corporation Counsel recommending denial of the property damage claim of Ross Ball; the property damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Gotto; Corporation Counsel recommending that the sewer backup claim of Dolores M. Kotz be referred to Tschiggfrie Excavating Company, upon motion received and filed and concurred with the disposition. Corporation Counsel advising that the property damage claim of Phil Meyer has been forwarded to County Attorney Fred McCaw for payment, upon motion received and filed. Citizen Communications: Communication of Peter Seitz regarding radon levels within the City; Communications of Dick Wertzberger and Walter Pregler regarding the Town Clock Plaza issue, upon motion received and filed. Plastic Center, Inc./United Rental Property: City Manager recommending approval of a Purchase Agreement with Plastic Center, Inc. for purchase of the United Rental Property, upon motion received and filed and concurred with recommendation. Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Agency Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste Agency Landfill for Fiscal Year 2002, upon motion received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Information Technology Specialist and Truck Driver, upon. motion received and filed and resolved to make this a matter of record. City Manager submitting the fifth edition of the annual "River Town Rents" survey from the Housing Trust Fund Committee, upon motion received and filed. 2 Eighth Street - Acceptance: City Manager recommending acceptance of the Eighth Street Reconstruction Project in the final contract amount of 81,169,718.88, upon motion received and filed. Buot moved adoption of Resolution No. 21-01 Approving final estimate and Resolution No. 22-01 Accepting improvement; and Resolution No. 23~01 Adopting the final assessment schedule for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Robbins. Motion carried 7- O. RISE Application - Chavenelle Road Extension West from Seippel Road: City Manager recommending approval of a RISE Grant application for a new Chavenelle Road extension west from Seippel Road into the westerly 40 acres of the Dubuque Industrial Center West, upon motion received and filed. Buol moved adoption of Resolution No. 24-01 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the extension of Chavenelle Road west from Seippel Road. Seconded by Robbins. Motion carried 7~0. Excess Risk Insurance Policy: City Manager recommending approval of the Excess Risk Insurance Policy with AIlianz for the City's health, prescription drug and dental insurance plans, upon motion received and filed and approved recommendation. Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease agreement with the Tri-State Modelers for a section of the former Roosevelt Park, upon motion received and filed and approved lease. Five F~ags Theater Rest Room Renovation Project - Acceptance: City Manager recommending acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount of 8142,968.10, upon motion received and filed. Buol moved adoption of Resolution No. 25-01 Accepting Improvement and Resolution No. 26-01 Approving final estimate. Seconded by Robbins. Motion carried 7~0. Five Flags Center Lavatory Stations Replacement Project: City Manager recommending acceptance of the Five Flags Center Lavatory Stations Replacement Project in the final contract amount of 838,959, upon motion received and filed. Buol moved adoption of Resolution No. 27-01 Accepting Improvement and Resolution No. 28-01 Approving Final Estimate. Seconded by Robbins. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising of the City's revised allocations for various HUD programs, upon motion received and filed. Expansion of the Bottle Bill: Communication from the Environmental Stewardship Advisory Commission supporting the continuation and expansion of the Iowa Beverage Container Deposit Law, upon motion received and filed. Buol moved adoption of Resolution No. 29- 3 01 Supporting the expansion of the Iowa Beverage Container Deposit Law. Seconded by Robbins. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that they have received the City's letter regarding hospital signing on U.S. 20 in Dubuque and offering to meet with Mayor Terry Duggan, upon motion referred to the City Manager. Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File 47 which discourages the granting of additional cable television franchises in Iowa communities, upon motion received and filed and concurred. Harbor Community Investment: City Manager recommending acceptance of the warranty deed from Harbor Community Investment, LLC, upon motion received and filed. Buol moved adoption of Resolution No. 30-01 Accepting Warranty Deed for real estate in Dubuque County, Iowa from Harbor Community Investment, LkC. Seconded by Robbins. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the Quarterly Investment Report, upon motion received and filed. Business Licenses: Buol moved adoption of Resolution No. 31-01 Granting issuance of a Class "C" Beer/Liquor License to Town Clock Inn, Chi-Chi's Mexican Restaurant, Hammerheads Bar/Billiards, Goetz's, Best Western Dubuque Inn, Pusateri's, and Busted Lift; and Class "B" Wine Permit to EconoFoods #471 and Resolution No. 32-01 Granting issuance of a Class "C" Beer Permit to Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS INTERVIEWS for the following Boards/Commissions: BUILDING CODE BOARD OF APPEALS (2 Vacancies): Chuck Carr (General Contractor); Richard Luchsinger (At-Large). Mr. Luchsinger spoke. COMMUNITY DEVELOPMENT ADVISORY COMMISSION (4 Vacancies): James Giesen (At- Large); Charles Isenhart (Census Tract #1). ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Art Sunleaf. Mr. Sunleaf spoke. APPOINTMENTS to the following Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Leslee Spraggins. Upon motion Leslee Spraggins appointed to an unexpired three year term which will expire 10-1-03. ACTION ITEMS Dubuque Golf and Country Club - Stop Sign Change Request: City Manager recommending approval of a request from the Dubuque Golf and Country Club to reassign the right-of-way to Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at Rider, upon motion received and filed. Ordinance No. 5-01 Amending the Code of O~dinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider Street and Bradley Street, presented and read. Markham moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Design Review Process - Town Clock Plaza: Communication from the Historic Preservation Commission requesting that they be permitted to participate in the future design review process for improvements to the Town Clock Plaza area, upon motion received and filed and approved request to participate. Amendment to Building Code Demolition Districts: City Manager recommending an amendment to the Code of Ordinances pertaining to demolition permits, upon motion received and filed. Ordinance No. 6-01 Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4 pertaining to waiting period for demolition permits, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Loras College - Right-of-Way Construction Ordinance: City Manager recommending approval of a request from Loras College to utilize public right-of-way to install a water supply line for their geothermal system for the new Academic Resource Center, upon motion received and filed. Ordinance No. 7-01 Authorizing Loras College to construct a geothermal water service, presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Hazard Mitigation Plan: City Manager recommending appointments to the Hazard Mitigation Plan Task Force Committee, upon motion received and filed and appointed Terry Duggan and Dan Nicholson, ITEMS TO BE SET FOR PUBLIC HEARING Oak Street Sanitary Sewer: City Manager submitting documents providing for construction of the Oak Street Sanitary Sewer Extension Project, upon motion received and filed. Buol moved adoption of: Resolution No. 33-01 Preliminary approval of plans and specifications for project in estimated amount of $112,34~.65; Resolution No. 34-01 Fixing date of hearing on plans and specifications for March 5, 2001; Resolution No. 35-01 Preliminary approval of Resolution of Necessity for project; Resolution No. 36-01 Fixing date of hearing on Resolution of Necessary for March 5, 2001 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law; Resolution No, 37- 5 01 Approving preliminary schedule of assessments; Resolution No. 38-01 Ordering bids and Resolution No. 39-01 Authorizing Eminent Domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Oak Street sanitary sewer. Seconded by Michalski. Motion carried 7-0. Allan J. Becker - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Allan J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of Resolution No. 40-01 Approving plat of a portion of Kerper Boulevard (Lot 2A of Bradley Place). Seconded by Michalski. Motion carried 7-0. Ordinance No. 8-01 Vacating a portion of Kerper Boulevard (Lot 2A of Bradley Place), presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Buol moved adoption of Resolution No. 41-01 of Intent to dispose of City interest in Lot 2A of Bradley Place, Dubuque, Iowa and further moved that this be set for public hearing on 2/1 9/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by Paw. Seconded by Michalski. Motion carried 7-0. Area Residential Care, Inc. - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Area Residential Care, Inc., to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of Resolution No. 42-01 Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3). Seconded by Michalski. Motion carried 7-0. Ordinance No. 9-01 Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3), presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Buol moved adoption of Resolution No. 43-01 of Intent to dispose of City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque, Iowa and further set this for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7- 0. Thomas Luksetich and Steve Smith - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and Steve Smith to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of Resolution No. 44-01 Approving plat of a portion of Kerper Boulevard (Lot lA, Block 13, River Front Subdivision No. 3). Seconded by Michalski. Motion carried 7-0. Ordinance No. 10-01 Vacating a portion of Kerper Boulevard (Lot lA, Block 13, River Front Subdivision No. 3), presented and read. Buol moved 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. 6 Motion carried 7~0. Buol moved adoption of Resolution No, 4§-01 of Intent to dispose of City interest in Lot lA, Block 13, River Front Subdivision No. 3, Dubuque, Iowa and further moved that this be set for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. Fiscal Year 2002 Annual Action Plan: City Manager recommending that a public hearing be set for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 46-01 Setting a public hearing on the Program Year 2001 (Fiscal Year 2002) Community Development Block Grant (CDBG) Budget and set this public hearing for 2/26/01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. United Rental Property / City of Dubuque - Proposed Lease: City Manager recommending that a public hearing be set for February 19, 2001, to consider a proposed lease agreement between the City and United Rentals, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 47-01 of Intent to dispose of an interest in real property by lease with United Rentals, Inc. and further set this for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): City Manager recommending that a public hearing be set for Monday, March 5, 2001 to consider amending the Stout Place Urban Revitalization Plan (Iowa Inn Project), upon motion received and filed. Buol moved adoption of Resolution No. 48-01 Setting a public hearing on a proposal to amend City of Dubuque Ordinance //12-98 Establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, and that this public hearing be set for 3/5/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. At 7:07 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition (Iowa Code Chapter 21.5(1)(j). At 7:39 P.M, Council reconvened Regular Session. There being no further business, upon motion meeting adjourned at 7:40 P.M. (_,,/Jeanne F. Schneider City Clerk It 2/14 7 DATE: TIME: LOCATION: CHAIR: PRESENT: ABSENT: STAFF: MEDIA: OTHERS: MINUTES OF MEETING ELECTRICAL CODE BOARD Monday, 5 February 2001 7:00 P.M. City Halt, Conference Rm. A Hammel Dixon, Hammel, Pfohl, Pregler Reiss Steve Neyens None Ryan Pendergraft, Alan Reiter, Mike Bickle The meeting was called to order at 7:05 P.M. by Chairperson Hammel. Minutes of meeting of July 14, 2000 read by Secretary Neyens. Minutes approved as read by Dixon, seconded by Pfohl and approved by all present. Results of the review of applicant and test results: Alan Reiter and Mike Bickle test results were accepted and were both approved for licensing as Master Electricians. Mike Bickle was issued License No. EC-212, and Alan Reiter was issued License No. EC-213. Correspondence Repot/by staff: Neyens read letter from N.E.C.A. about new work by maintenance persons and where does the power utility work end and contractor work begin. There was much discussion about both subjects, but no actions were taken by the Board at this time. Unfinished Business: None New Business: None Next regularly scheduled meeting wilt be May 21, 2001 at 7:00 P.M. Dixon moved to adjourn, seconded by Pregler. Approved by all. Meeting adjourned at 7:55 P.M. ~.~ Steven"'K. Neye---h~, Se~r'el~a,~ ~ /~ Approved this day of ,2001. Chairman MINUTES OF THE ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION FEBRUARY 6, 2001 4:00 P.M. CITY HALL ANNEX, 1300 MAIN, CONFERENCE ROOM # 1 Michael Buelow called the meeting to order at 4:00 p.m. MEMBERS PRESENT: Mike Buelow, John Bennett, Briana Tully, Dave Czarnecki, William Niemann. MEMBERS ABSENT: STAFF PRESENT: Mary Rose Corrigan, Don Vogt, Paul Horsfall Michael Buelow completed the Certification of Compliance with the Iowa Open Meetings Law. APPROVAL OF MINUTES: Dave Czamecki moved to approve the Minutes of the January 9, 2001 ESAC meeting. Bill Niemann seconded the motion. There were no changes or additions and the Minutes were approved as distributed. TEST AGENDA: John Bennett moved to accept the agenda. Dave Czarnecki seconded the motion. There were no changes or additions to the agenda. Motion passed unanimously. ITEMS FROM COMMISSION: OLD BUSINESS: 1. Radon. Mike Buelow explained that Mary Rose Corrigan and Rich Russell, Building Services Manager, were attending the Home Builders Association meeting tonight to discuss radon and radon resistant construction. The City of Muscatine is going to wait to adopt the international 2000 Residential Building Code because their County Board of Supervisors wants to adopt it county-wide. They are requesting $335,000 in an EPA grant for advertising, training, etc. If they get the grant, they will pass their ordinance in July 2001, and if they don't get the grant, they will pass it in January 2002. Radon resistant construction will also be discussed again at the next Building Code of Appeals meeting on February 22, 2001 at 4:00 P.M. After input from that meeting, the Commission may again discuss it and then present a recommendation to the City Council whether or not the Building Code of Appeals Boards endorses the measure. Bill Niemann commented that at the last meeting, the Building Code of Appeals Board said that new construction is only 3% of the housing, so we are not actually making a big impact, but we are making a political statement and continuing with Health Department education about radon. Don Vogt suggested that there may be some leverage in the Section 8 Housing rules where we could use radon or incorporate it into their Code. 2. Bottle Bill. John Bennett had reported that the City Council approved the Bottle Bill Resolution the Commission forwarded them. It was a "Consent" item on the agenda last night. Discussion occurred as to whether a press release should be done. Information had been sent to the Telegraph Herald when the Bottle Bill first came up, but no coverage occurred. Mary Rose Corrigan will contact the Telegraph Herald City Editor to see if a story would be forthcoming. NEW BUSINESS: John Bennett presented the idea of energy and should the Commission be looking at it especially in lieu of gas and electric prices. He stated that Iowa ranks forty-fourth in energy efficiency according to National Wildlife magazine. After discussion, it was decided that John will bring some information to the next meeting regarding this topic. ITEMS FROM STAFF: OLD BUSINESS: 1. Deer Management Program. Mary Rose Corrigan explained that the deer counFaedal survey occurred and the preliminary numbers indicate the population was once again stabilized. Don Vogt reported that the road kill pickups are also down, which the IDNR predicted would happen after a couple years of of a hunt. Mary Rose should have the final statistics on the deer count for the March Commission meeting. NEW BUSINESS: Paul Horsfall mentioned that eastern Iowa will be part of a DNR emissions inventory study. His plant will be submitting datal He also discussed the environmental scorecard which looks at Alliant, John Deere, and their potential to emit air pollutants, not actually what they emit. Don Vogt reported that the funding for the energy bill which the Iowa Legislature just passed came from landfill budgets. Approximately $8 million that was supposed to be used for clean water programs, establishing facilities for recycling, household hazardous waste matedal collection, the UNI waste reduction center, will be decreased. Also, IDNR staffing that was frozen two years ago will be eliminated. Landfill agencies are discussing this and may refuse to pay the $2.25 per ton tax to the state. ITEMS FROM THE PUBLIC: There was no one present to address the Commission. CLARIFICATION OF TASKS: Mary Rose Corrigan and any available Commissioners will meet with the Building Code of Appeals Board on February 22, 2001 at 4:00 P.M. John Bennett will prepare some energy information. NEXT MEETING DATE: MARCH 13, 2001 due to three of the members being on Spring break. FUTURE AGENDA ITEMS: Energy, deer, radon. ADJOURNMENT: Dave Czamecki moved to adjourn the meeting. Bill Niemann seconded the motion. Meeting was adjourned at 5:00 P.M. MINUTES LONG RANGE PLANNING ADVISORY COMMISSION JANUARY 1 7, 2001 7:00 p.m. Auditorium, Carnegie Stout Library 360 W. 1 lth Street, Dubuque, Iowa 1 tri! I PRESENT: ABSENT: Chairperson Mary Lynn Neumeister; Commissioners Steve Cooper, Roy Buol, Mike Portzen, Rick Stein and Gordon Mills; Staff Member Lisa Sesterhenn. Commissioners Dave Rusk and Chris Curfman; Staff Member Laura Carstens. CALL TO ORDER The meeting was called to order at 7:12 p.m. CERTIFICATION OF COMPLIANCE Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES By consensus, the minutes of November 15, 2000 as submitted were approved. ACTION ITEMS Review Goals and Obiectives for Health. Housing. and Human Services Commissioners reviewed the comments from the small group and public regarding the Housing Element of the Comprehensive Plan. David Harris, City of Dubuque Housing Services Manager, was also present to answer any questions from Commissioners. After a discussion, motion by Mills, seconded by Portzen to recommend for approval the Housing goals and objectives with the changes noted passed unanimously. Commissioners reviewed the comments from the public regarding the Health Element of the Comprehensive Plan. After a discussion, a motion by Buol, seconded by Portzen to recommend for approval the Health goals and objectives with the changes noted passed unanimously. Commissioners reviewed the comments from the public regarding the Human Services Element of the Comprehensive Plan. After a discussion, a motion by Mills, seconded by Stein to recommend for approval the Human Services goals and objectives with the changes noted passed unanimously. LIAISON/COMMITTEE REPORTS: Enterprise Zone Commission Stein updated the Conunissioners on the status of the Enterprise Zone Minutes - Long Range Planning Advisory Commission January 17, 2001 Page 2 Downtown Plarmine Committee Cooper informed the Commissioners of the Committee's proposal for the downtown visioning process including the RFP and grant-writing processes. He stated that the anticipated starting date is July 1, 2001. Joint CiW/Countv Planning Committee Sesterhenn reported on the status of the January 18, 2001 educational session for City and County officials. She stated that approximately 75 reservations have been received to date and that the Joint City/County Planning Committee members are scheduled to meet with the speakers for dinner at 5:15 p.m. ITEMS FROM STAFF Zonin~ Ordinance Review/Revision Sesterhenn informed the group that the monies allocated for a consultant to review the Zoning Ordinance are not recommended for the next fiscal year. After a discussion, Chairperson Neumeister recommended that as many Commissioners as possible attend the budget review session on February 26, 2001 to reinforce the message with Council members regarding the importance of the Zoning Ordinance Review/Revision. Drafts of 2020 Future Land Use Map and Policy Guide Sesterhenn updated Commissioners on the status of the Future Land Use Map and Policy Guide and stated that staff plans to bring a draft of the Future Land Use Map and Policy Guide to the February LRPAC meeting. Comprehensive Plan Products Sesterhenn reviewed the memo included in the packet regarding recommendations for publishing the comprehensive plan products. After a discussion, it was agreed that staff would proceed ahead with developing the proposed graphics to be used in printing the brochures, binders and map(s). ADJOURNMENT The meeting was adjourned at 9:35 p.m. Respectfully submitted, Lisa Sesterhenn, Assistant Planner Adopted MINUTES HISTORIC PRESERVATION COMMISSION DESIGN REVIEW SESSION Thursday, January 18, 2001 5:00 p.m. Auditorium, Camegie Stout Library 360 W. 11th Street, Dubuque, Iowa DP, AFT PRESENT: Chairperson Terry Mozena; Commission Members Ken Kringle, Jim Gibbs, Pam Bradford, Chris Wand, Suzanne Guinn and Audrey Henson; Staff Members Kay Munson and Guy Hemenway. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order by Chairperson Mozena. MINUTES: The minutes of the December 21, 2000 meeting were unanimously approved as written. DESIGN REVIEW~CERTIFICATE OF APPROPRIATENESS~1299 LOCUST STREET: Application of the Boys and Girls Club of Greater Dubuque for a Certificate of Appropriateness to redesign a new gymnasium addition adding two entries with iron railing and eliminating decorative brick exterior at. 1299 Locust Street in the Jackson Park Historic Preservation District_ Mike Ruden, Durrant Group, spoke regarding the iron railing they would like to install at two entries using ornamental railing similar to those used in other projects in the city. He indicated that they are no longer considering eliminating the decorative brick exterior. Commission Guinn asked how far the stairwell is from the building. Ruden indicated it is almost hidden from the view of the street- approximately 17 feet from the building. Not_e: The Boys Club asked to modify their request to include adding two envies only. Motion by Wand, seconded by Guinn, to approve the request to add two entries with iron railing. Motion carried by the following Vote: Aye - Mozena, Kringle, Gibbs, Bradford; Wand, Guinn and Henson; Nay - None. DESIGN REVlL=W~CERTIFICATE OF APPROPRIATENESStl004 BLUFF STREET: Application of Ronnie McDonald for a Certificate of Appropriateness to enlarge two existing window openings, to cut a new window opening and to convert a doorway to a window, on the south side ground floor of the structure at 1004 Bluff Street in the Jackson Park Historic Preservation DistricL Staff Member Hemenway said that the applicant asked that his request be tabled to a future meeting. Minutes - Historic Preservation Commission January 18, 2001 Page 2 Motion by Wand, seconded by Guinn, to table this item to a future meeting. Motion carded by the following vote: Aye- Mozena, Kringle, Gibbs, Bradford, Wand, Guinn and Henson; Nay - None. DESIGN REVIEW~CERTIFICATE OF APPROPRIATENESS~STIt201 LOCUST STREET: Application of St. Mark's Community Center/St. Inez Tummeyer, for a Certificate of Appropriateness (tabled from the December 21, 2000 meeting) to replace a deteriorated sign with a new sign at 1201 Locust Street in the Jackson Park Historic Preservation District. Sr. Inez Tummeyer, representing St. Mark's Community Center, explained the need to replace a sign due to vandalism. They are requesting a lighted sign because they have a lot of nighttime activities for the community. Their clients have trouble reading their current unlit sign. -- NOTE: Commissioner Bradford joined the meeting at 5:11p.m. Commissioner Guinn asked for a description of the sign. Sr. Inez indicated they would like to erect a steel sign cabinet with an polycarbonate plastic sign face (so it is hard to vandalize). Commissioner Wand noted that, typically, the Commission is opposed to internally lit signs. He asked if the applicant can use the existing sign cabinet. Sr. Inez indicated that there are lit signs located in the Jackson Park Historic Presewation District. Discussion continued on the merits of internally lighted signage. Chairperson Mozena stated he likes the sign cabinet that is currently in place. He indicated he would like to see this cabinet used. Commissioner Guinn agreed and did not feel that the new sign design fits with the architectures of the church. NOTE: Commissioner Gibbs joined the meeting at 5:16 p.m. Motion by Bradford, seconded by Guinn, to approve the request. Motion denied unanimously, with the suggestion that a new request come to the Commission using the ex~sfing sign cabinet. DESIGN REVIEW~CERTIFICATE OF APPROPRIATENESStl,96 BLUFF STREET: Application of Joe and Suzanne Bemardi for a Certificate of Appropriateness to install a new business sign at 196 Blulf Street in the Cathedral Historic Preservation District. Suzanne Bemardi spoke regarding her request for a sign on the southeast comer of the property behind the wrought-iron fence. Discussion followed regarding the height of the sign and the location of the decorative wood poles, which would be positioned between the wrought-iron fence and the bottom of the building windows. Minutes - Historic Preservation Commission January 18, 2001 Page 3 Motion by Kdngle, seconded by Gibbs, to approve the request. Motion carried by the following vote: Aye - Mozena, Kringle, Gibbs, Bradford, Wand, Guinn and Henson; Nay - None. DESIGN REVIEWtCERTIFICATE OF APPROPRIATENESS~.55 W. 10TM STREET: Application of Gregory Maim/First Congregational United Church of Christ for a Certificate of Appropriateness to erect two wall-mounted identification signs to the east and west walls of the church building at 255 W. 10t' Street in the Jackson Park Historic Presewafion District: Grog Maim spoke regarding the request to add identification signs to First Congregational United Church of Christ. He indicated the signs will not be illuminated and will be made of cast aluminum. Commissioner Wand staled that he likes the sign. He asked where the sign w~l be located on the building. Mr. Maim indicated that the signs will be located as close to the top of the parapet as possible. Commissioner Wand asked that the signs be placed in the same location on both walls, if possible. Mr. Maim stated that the sign lettering will be flush against the sign. Motion by Wand, seconded by Bradford, to approve the request as submitted. Motion carded by the following vote: Aye- Mozena, Kringle, Gibbs, Bradford, Wand, Guinn and Henson; Nay - None. ITEIIIIS FRO~! COMMISSION: Commissioner Guinn asked if a letter of recommendation from the Commission regarding a National Register listing would be a good idea. The Commission is asked to bring ideas of possible National Register listings to the next meeting. The Commission discussed their desire to be alerted to potential demolition projects of structures throughout the community that may be of historic merit. The Commission and staff discussed the existing demolition districts which required City Council review, and felt that demolition permits should be reviewed by the Historic Preservation Commission prior to issuance. Commissioners did not agree on a mechanism for demolition permit review,- but agreed that future discussion on this topic was warranted. Commissioners requested that staff write a letter to the Downtown Design Committee asking that they be permitted to participate in the future design review process for improvements to the Town Clock Plaza area. They stated that the letter should indicate their desire that the redesign protect and preserve the integrity of buildings in the Town Clock area and to insure that historic structures in this area are not undermined and that their design integrity is preserved. Minutes - Historic Preservation Commission January 18, 2001 Page 4 Commissioners requested that staff prepare a letter in response to Jim Wailers letter regarding disposition of the Buettell building. The Commissioners asked that a letter be drafted to Barney Bishop, and all those on the carbon copy list of Mr. Waller's letter, stating that they would be glad to meet with Barney Bishop of the Durrant Group and any others regarding the design of the new law enforcement center expansion. Commissioners asked that staff include a schedule of upcoming Commission meetings and indicate that they would be willing to meet at any time convenient for the design group. Commissioners discussed their formal presentation for the February 26, 2001 Planning Services Department budget headng. .ITE'MS FROM STAFF: ADJOURNMENT: The meeting adjourned at 7:00 p.m. Buy Hemenway, Assistant Planner Adopted DUBUQUE HUMAN RIGHTS COMMISSION MINUTES OF JANUARY 8, 2001 Thom Determan called the meeting of the Dubuque Human Rights Commission to order at 4:17 p.m. on Monday, January 9, 2001 in Conference Room 2 at the City Hall Annex. Roi1 Call: Present: Thom Determan, Chair Raydora Drummer Judy Giesen Evelyn Jackson Charles Ryan Kathy Stevens Absent: Kathy Blau Marty O'Shea Ruby Sutton Staff: Kelly Larson Carol Spinoso Bill Blum Approval of Minutes: Kathy Stevens moved to approve the minutes of the November 13, 2000 regular Commission meeting, Evelyn seconded. Hearing no corrections, the minutes were unanimously approved. Caseload Report: Carol summarized the November Caseload Report. There were 48 intakes, 4 cases in backlog, 4 cases under active investigation, 1 case in mediation, 1 case in administrative review, 1 case in ALJ review, 2 cases in the public heating process, one case was filed, and 2 cases were closed. The case outline for November involves age discrimination in the area of employment. The December Report revealed that there were 42 intakes, 5 cases in backlog, 4 cases under activ~ investigation, 0 cases in mediation, 0 cases in administrative review, 0 cases in ALJ review, 2 cases in the public hearing process, 1 case was filed, and 3 cases were closed. The case synopsis for December involves race and sex discrimination also in the area of employment. Chairperson's Report: Thom congratulated Raydora, Judy, and Evelyn on their reappointment to the Commissior~. Thom provided a written report summarizing issues, ideas, and resources from the Fund for an Open Society conference he attended in Philadelphia December 1-2, 2000. Thom briefly summarized the sessions he attended: Building Open and Thriving Communities; Segregation and Suburban Sprawl: Housing, Jobs and Oppommities; Economic Costs of Resegregation; Corporations' Roles in Creating an Equitable Society; The Media and Open Housing; The School/Community Connection; Diversity over thne: Keeping Communities Strong; and Where do we go from here? Thom reported that over the past six weeks he has been meeting with Kelly and Nancy Van Milligen to talk about the initiative to create a more welcoming community, and to continue to make Dubuque more culturally responsive. Through these discussions, it was decided to have a one-day commuuity forum to intemhange ideas and to find specific ways in which to build a plan of action to make Dubuque a more welcoming community. This fotura'entitled, "Dubuque: Everyone's Neighborhood" will be held on January 30, 2001 at 9:15 a.m. at Clarke College. Thom stated that it was critical for commissioners to attend and encouraged their involvement. Thom will be meeting with Ed Zuccaro, President of the Board of Education, to discuss sexual orientation as a feature of the Dubuque Community Schools policy. The Human Rights Department's budget hearing is scheduled February 26, 2001 at 7:45 p.m. commissioners need to contact Carol if they plan to attend the 5:45 p.m. dinner prior to the budget hearing. Director's Report: The proposed decision was received in the Taylor vs. Farmland case that went to public hearing. Commissioners must read the transcript, exhibits, briefs, and the proposed decision, d!scuss the case and take action prior to May 3rd. The Comrnission may accept, reject, or modify the proposed decision. There are three copies of the transcript and relevant materials available. Chuck will pass his copy on to Thom and Judy. Kathy S. will forward hers to Kathy B. and Marty, and Evelyn will forward hers to Raydora and Ruby. Kelly stated that the Complainant's attorney has requested to present oral arguments prior to the Commission voting on the proposed decision. The Commission will need to set a date and time, and also a limit for those oral argnn~ents. Judy moved to hold oral arguments on March 26, 2001 at 4:00 p.m., setting a 20-minute time limit for each party. Kathy S. seconded. All in favor. The Annual Report was presented to the City Council on January 2nd. Kelly stated that Mike Van Milligen informed her that Pat Cline told him after the Council meeting that she had intended to remove the report from the consent items to publicly acknowledge the work of the Commission. She indicated to Mike that she was impressed with the report and the work of the Conxmission. The immigration workshop that was cancelled due to weather on December 12th, is going to be rescheduled for January or February. Kelly will pass along the date when received. The National League of Cities has an "Undoing Racism" initiative. Kelly received a booklet from the NLC with more information. Kelly passed this information along to the Manager, s° he could share it with the Council and perhaps Consider joining the effort. In preparing training segments at future meetings, Kelly asked that Commissioners identify which sections of the ordinance they would like her to talk about. Kelly has been participating in interviewing Police Officers. Approximately 60 people passed the test, and about 40 will be interviewed. Currently there are two open slots to fill. Regarding the Community Indicators for Success, Kelly informed the Commissioners that the Long Range Plarm/ng Commission declined the Commission's suggestions because of a lack of funding. Staff has solicited area attorneys to act as administrative law judges. Currently there are five ALJ's available to review cases. Kelly brought attention to an ADA article regarding California amending their law by expanding the definition of disability. The new law mandates that employers make disability determinations without regard to mitigating measures. Adoption o[ Proposed Ordinance Amendment: Thom stated that the City Council approved the adoption of the proposed Ordinance Amendment on December 18th. Recommendation of DHRC #3916 Proceed to Public Hearing: Kelly recommended that Dubuque Human Rights Commission case number 3916 proceed to a public hearing. The case involves race discrimination in the area of housing. Evelyn moved to approve sending DHRC #3916 to public hearing. Kathy S. seconded. All in favor. Kelly anticipated that the hearing would be scheduled for May or June. Committee Reports: Education of the Commission: Judy reported that the Lady of Guadalupe ceremony/Mass at St. Pat's was a beautiful event. She would like to have it on the agenda again next year for those Commissioners who were not able to attend. Education of the Community: Thom and Kathy Blau will be meeting to further the planning of the Human Rights Banquet. Thom hoped that they could provide possibilities for a theme, speaker, and location at next month's meeting. Kathy S, felt strongly that the Shining Moment Award should be presented at the banquet, even if it's every other year. She felt that in the past the award got lost amongst the other activities. Other Commissioners concurred. Judy announced that she was working with Kelly on developing some Human Rights promotional television segments. More discusion will be held at next month's meeting. Evelyn had talked to Ruby, and Ruby has agreed that the NAACP will partner with the Human Rights Commission in presenting a community presentation on subtle discrim'mation and white privilege. Evelyn and Marty had planned on presenting this to the Commission, but will instead present it to the community sometime in February, as part of Black History Month, at St. Mark's on a Saturday. Thom stated that Loras College has asked Cynthia Maddox to come to Dubuque to perform "Momma Thinks We're Slaves," on February 5, 2001. Cynthia had portrayed Harriet Tubman in the Underground Railroad presented during the Human Relations Conference. New Business: Evelyn gave a brief overview of some of the topics discussed at the HUD training session in Kansas City. Evelyn shared information on grant writing provided some information on the City of Cedar Rapids Civil Rights Commission's Ouch Program. Kathy S. Moved to adjourn the meeting and Chuck seconded. All in favor. The meeting adjourned tit 5:45 p.m. Minutes approved as submitted: ~ ~ Minutes approved as corrected: DATE: TIME: PLACE: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES DUBUQUE TRANSIT TRUSTEE BOARD February 8, 2001 4:15 P.M. Carnegie Stout Public Library Board Room, 11th & Bluff Streets, Dubuque, Iowa Bemis, Enderson, Sand, Lightcap Renffo Munson-Booth/KeyLine APPROVAL OF MINUTES OF JANUARY 17, 2001, MEETING PUBLIC HEARING FOR CONSOLIDATED GRANT APPLICATION MANAGERS COMMENTS BOARD COMMENTS Bemis called the meeting to order at 4:15 p.m., calling for a motion to approve the minutes of the January 17, 2001, meeting as circulated. Sand so moved. Enderson seconded. Motion carried. Bemis opened the public hearing on the Consolidated FTA and IDOT Grant Application. Heating no comments on the grant application, Bemis closed the public hearing. Enderson made a motion to authorize the Chairman to sign the appropriate documents: Authorizing Resolution, Cert'rfications and Assurances, Labor Protection Agreement and Cert'rfication of Compliance with FTA Drag and Alcohol Testing Regulations. Sand seconded. Motion carded. Bemi~ signed the documents. Munson presented a lease agreement with RTA for the Chairman's signature. After a brief discussion of the terms, etc., Lightcap made a motion to authorize the cha'mmn to sign the contract. Enderson seconded. Motion carried. Bemis asked Munson what comments he had regarding parking problems at the downtown transfer location. Munson reported that one suggestions would be to seek a change in the fines. This would require an ordinance and City Council approval. Bemis suggested continued monitoring of the situation and asked for an update at the next meeting. MINUTES - Page 2 Bemis gave Munson a letter that he received from Sr. Dolores Ullrich of Stonehill Care Center regarding problems they have experienced scheduling minibus rides for residents. Al[er a brief discussion, it was the consensus that bringing this service in house would eliminate these problems. Hearing no further comments, Bemis asked for a motion to Adjourn. Enderson so moved. Sand seconded. Motion carried. Meeting adjourned at 4:55 p.nt Respectfully submitted Connie Booth Secretary These minutes passed, approved and adopted this day of March 2001. Michael W. Sand, Secretary Dubuque Transit Trustee Board MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, December 6, 2000 6:30 p.m. Auditorium, Carnegie Stout Ubrary 360 W. 11th Street, Dubuque, Towa DP AFT PRESENT: ABSENT: Chairperson Eugene Bird, 3r.; Commissioners Ron Smith, Stephen Hardie, .left Stiles, Dick Schlitz and Martha Chdst; Staff Members Guy Hemenway and Kyle Kritz. Commissioner Bob Nagle. AFFTDAVIT OF COMPLLRNCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MTNUTES: The minutes of the November 1, 2000 meeting were approved as wdtten. ACT/ON ITEM\LONG RANGE PLANN~rNG ADviSORY COMMISSION: One of the City_Council's 1996-1997 goals was to review and revise the Zoning Ordinance. Planning Services Deparb*neot requested $75,000 for the FY 1998 budget to hire a consultant to assist with the comprehensive review of the Zoning Ordinance. The City Council opted to have the Planning Services Department undertake the work in-house. Instead of outsourcing it to a consultant. The City Manager has asked the Planning Services Department to request a consultant to update the Zoning Ordinance for the upcoming FY 2002 budget. Gordon Mills, Chairperson of the Long Range Planning Advisory Commission spoke regarding the Zoning Ordinance review/revision. The Zoning Advisory Commission thanked Mr. Mills for the information he presented. ACTTON ITEM\PLAT OF SURVEY\FRYE: Application of William Frye for approval of the Plat of Survey of Lot I of I and Lot 2 of ! of Jaeger Heights No. 3 located at 2170 Jaeger Drive. The applicant spoke in favor of the request, stating that lot split would provide larger yards for himself and his neighbor, Mr. Lightfoot. Staff noted that the Commission was reviewing the lot split because the two lots created have less lot frontage and lot area than required by the subdivision regulations. There were no public comments. Zoning Advisory Commission Minutes - December 6, 2000 Page 2 The Zoning Advisory Commission discussed the request, noting that while the lot split does not adversely impact adjacent property, they do not want to approve two substandard lots that could still be built on. The Commission was willing to approve the plat with the condition that a note be placed on the plat that indicates that neither lot can be used to construct a single-family home. By a unanimous vote, the Zoning Advisory Commission approves the Plat of Survey with the condition that a single-family home cannot be built on either Lot i of ! of Lot 2 of 1 .laeger Heights Subdivision No. 3. ACTTON 1TEH\REZONZNG RECONSTDERAT[ON\HOLO BTG 10 HART: Reconsideration of a rezoning request (refe, rred by City Council) by Nolo Big 10 Nart to rezone property located at 2:~00 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District. The applicant spoke in favor of the request, reviewing the company's reasons for requesting a rezoning from C-2 to C-3 that were included in a letter dated November 9, 2000. Staff reviewed surrounding zoning and land use and indicated that car washes and fast food restaurants were conditional uses in a C-2 district, but that oil and lube businesses were not allowed. The Zoning Advisory Commission discussed the request, noting that the subject property is in a transition area between the more predominant commei'cial uses on the west side of 3ohn F. -Kennedy Road and the office and residential areas on the east side. The Commission discussed the additional signage allowed by the C-3 district and whether this could add to the sign clutter along John F. Kennedy Road. The Board felt that the applicant did have sufficient flexibility under the C-2 district to change the business to allow for sale of fast food or provide car washes. The Commission also directed staff to prepare a text amendment to allow oil change/lube businesses as a permitted use in the C-2 district. The Commission believed this would address the applicant's concern that if the business was destroyed by fire, they could not rebuild. By a unanimous vote Zoning Advisory Commission denies the rezoning request. PUBI.I:C HEAI~NG\REZONZNG\MENARD, INC.: Application of Menard, Inc. (referred by City Council) to rezone property along U.S. Highway 20, southwest of Westside Court to rezone property from C-3 General Commercial District and CS Commerdal Service and Wholesale District to PUD Planned Unit Development District, with a PC Planned Commercial designation to allow for development of a new Nenard's store. Zoning Advisory Commission Minutes - December 6, 2000 Page 3 The applicant spoke in favor of the request, reviewing proposed intersection changes at Old Highway Road, U.S. Highway 20 and the quarry entrance and the new four-way intersection that will serve the new Nenard's store. The applicant's engineer reviewed the impact of the changes to vehicles traveling on U.S. Highway 20 and trucks entedng and exiting the quarry. Staff responded to Commissioners questions regarding proposed changes to U.S, Highway 20 and responsibility for installation of signals. Rod Tschiggfrie and Nike Hoffman, representing the quarry, spoke in support of the truck- activated signal at Old Highway Road, stating it would increase the safety of trucks entedng the highway. Representatives of the Dubuque County Fair Association spoke in support of the Menard's proposal, provided the high volume of traffic during fair week is taken into consideration when implemenUng intersection design changes. The Zoning Advisory Commission discussed t~he request, noting that the changes proposed by Menard's will improve traffic flow through this area. The Commission supported providing protection for quarry trucks entering U.S. 20 for both left and right turns. By a unanimous vote, the Zoning Advisory Commission approves the rezoning request. PUBLZC HEAR.TNG\REZONiNG\HUGHES COURT ZNVESTHENT CO.: Application of Hughes Court ]~nve,~b.ent Co./Schneider Land Surveying to rezone property located at 3195 Hughes Court from AG Agricultural District to U Light Industrial District to allow for construction of a warehouse building. The applicant spoke in favor of the request, noting that the proposed rezoning would allow construction of a new industrial/warehouse building adjacent to the building they recently constructed at the end of Hughes Court. Staff reported that the access to the parcel will be through the applicant's existing property. A neighboring property owner spoke in support of the rezoning request, staUng that the change in zoning is consistent with surrounding zoning. The Zoning Advisory Commission discussed the request, noting that the rezoning request is consistent with surrounding land use. Commissioners noted that access to the site is adequate and has been reviewed by City Engineering and Fire Department staff. By a unanimous vote, the Zoning Advisory Commission approves the request. PUBLZC HEARZNG\REZONING\W~I~: Application of Leonard Witt to rezone a vacant lot on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single-Family Residential District to R-2 Two-Family Residential District to allow for construction of a duplex. Zoning Advisory Commission Minutes - December 6, 2000 Page 4 The applicant spoke in favor of the request, stating that the property is well suited to the construction of a duplex and access would be from Kelly Lane. Staff reviewed surrounding zoning and land use. which is predominantly single-family residential. Several neighboring property owners spoke in opposition to the request because of concerns for increased traffic and negative impact on property value. A letter and a petition in opposition were submitted. The Zoning Advisory Commission discussed the request, noting that while a single duplex will not adversely impact traffic and would not significantly impact property values, the request did represent a spot zone in an area that has been developed for single-family residential homes, By a unanimous vote, the Zoning Advisory Commission denies the rezoning request. PUBLIC HEARZNG\REZONING\CITY OF DUBUQUE: Application of the City of Dubuque to rezone property along Highway 20 Corridor between Bluff Street and Cherokee Drive/Collins Street from R-1 Single-Family Residential District, R-2 Two-Family Residential District, C-1 Neighborhood Commercial District, OR Office Residential District, OS Office Service District and C-3 General Commercial District to POS Public Open Space District. By a unanimous vote, this agenda item was tabled to the February 7, 2001 Zoning Advisory Commission meeting. PUBLZCHEAR~NG\TEXTAlUlENDMENT\GRAND OPERA HOUSE: Application ofthe Grand Opera House to amend Section 4-3.2(22) and Section 4-3.11 of the Zoning Ordinance to allow theater marquee signs in a C-5 Central Business District. This agenda item was withdrawn by applicant. AD3OURNMENT: The meeting adjourned at 8:45 p.m. Kyle L. Kritz, Associate Planner Adopted RECE.VED OlFEB-7 P~ 2:31 Ci?:/' "~' '~ ,~ Office Dubuque, MINUTES ZONING BOARD OF ADJUSTMENT REGULAR SESSION Thursday, January 25, 2001 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa D?d4FT PRESENT: Chairperson Mike Ruden; Board Members Vicky Bechen, Jim Urell, Bill Gasper and Fred Beeler; Staff Members Kyle Kritz and Guy Hemenway. ABSENT: None. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 4:05 p.m. DOCKET 96-00: Special Exception (tabled from December 21, 2000) Ken Moore/Moore Land Development to erect a 7 foot high fence in the front yard (Radford Road), 4 feet maximum permitted, in an R-1 Single-Family Residential zoning district and an R-3 Multi-Family Residential zoning district. The applicant was not in attendance. Motion by Gasper, seconded by Uretl, to table the special exception request to the next regular meeting. Motion was approved unanimously. Chairperson Ruden directed City staff to contact the applicant and request that he attend the next regular meeting. DOCKET 01-01: Variance/Marry and Nancy McNamer/2100 Asbury Road/to enlarge an existing free-standing sign for a total of 62 square feet, when 40 square feet maximum is permitted, in an OS Office Service zoning district. Marry NcNamer reviewed his request, asking to enlarge an existing sign to enable him to advertise a new office building with additional tenants. He stated that the existing regulations do allow him to add a second free-standing sign; however, with only one access to Asbury, he believes enlarging the existing sign is more logical and would have less impact on the neighborhood. Staff Member Hemenway reviewed the staff report, noting that the Board has the authority to restrict the applicant to only one freestanding sign, as a compromise in granting the additional square footage. Minutes-Zoning Boar of Adjustment January 25,2001 Page 2 Motion by Gasper, seconded by Bechen, to approve the variance request, with the condition that only one freestanding sign be permitted on the property. Motion was approved by the following vote: Aye - Bechen, Gasper, Beeler and Ruden; Nay - None. DOCKET 02-01: Conditional Use Permit/Medical Associates Realty/HSR Associates Inc./to allow development of a senior housing campus, including assisted living, independent apartments and condominiums, in a PR Planned Residential zoning district. Scott Franklin and Jerry Bourquin, representing HSR Associates, Inc., outlined their project, stating that the complex includes an assisted living center surrounded by condominium units. Mr. Franklin stated that assisted living clients are sedentary, and the assisted living center would have 60-64 units. Mr. Franklin said the complex would generate approximately 300 vehicle trips per day, which included staff and visitors. He said that if the property were to be developed for single-family homes, it would in all likelihood, generate more traffic than the proposed assisted living complex. NOTE: Jim Urell entered at 4:10 p.m. Mr. Bourquin reviewed the layout of the proposed complex, stating that the development would create a social context and a neighborhood atmosphere. He said that those folks residing in the assisted living portion of the complex would average 85 years of age. He said that the loop of residential units ringing the assisted living complex would buffer the neighbors. He stated that the access was configured as it is, is because of the steep grade of the property. He discussed the interior traffic configuration and its connection to existing City streets. He said that there will be a gated secondary driveway to the Medical Associates campus for emergency access only. He said that the elderly population would generate minimal traffic. James Holz, 1489 Marjode Circle, introduced his wife, Melissa. He said that they ware opposed to the access, not the project. He said that semi truck traffic cannot get through Marjorie Circle because on street parking creates a narrow passage. He said that there are no stoplights at Pennsylvania Avenue, which makes the intersections hazardous. He read a petition of opposition containing 88 signatures from neighbors. Mr. Holz stated that he feels that the applicant's contention that the property would only generate 300 vehicle trips per day is optimistically Iow, given the number of condominiums, assisted living units and the visitors and employees that will be associated with it. He stated that he feels the access should be redirected through Medical Associates campus to the Northwest Arterial. John Leicht, 1514 Marjorie Circle, stated he is opposed to the entrance to the facility. He said that the facility would increase traffic in the neighborhood, and exacerbate existing traffic problems on Pennsylvania Avenue, which are generated by Hempstead High School. He said the surface of his road is in disrepair and this would add to the problem. He stated that Marjorie Circle has parking on both sides and is hard to negotiate, especially when snow is piled on the sides of the street. Minutes-Zoning Board of Adjustment January 25,2001 Page 3 Kevin Bryson, 1542 Madode Circle, stated he is opposed to the facility because of traffic concerns. Randy O'Mara, 1525 Lucy Drive, said he is opposed to the request because of potential traffic problems created by the facility. He said that Hempstead High School traffic in this area is already intense. Randy Ambrosy, 1593 Marjorie Circle, said he is opposed to the development. He said that it would generate additional traffic, including buses and parcel post vehicles. He said that many students from Hempstead High School currently park in the neighborhood. He said that during the construction process, equipment would damage the streets in the neighborhood. Peggy Gibson, 1636 Marjorie Circle, said she was opposed to the request because of traffic. She said that the additional traffic will back up at stop signs along Pennsylvania Avenue. Mike Breese, 1554 Lucy Drive, said he wants his subdivision to remain quiet. He said that he is opposed to the proposed entrance, and is strongly opposed to the development. Karen Leubka, 1660 Marjorie Circle, said she is opposed to the development because of the additional traffic generated. Bob Hartig, representing Medical Associates, spoke in favor of the request, stating that this style of eldedy housing is needed. He said that the HSR project is similar to a former project that was approved by the Zoning Board of Adjustment. He stated that Marjorie Circle and Lucy Drive were both stubbed into this property because they were originally designed for residential access. He stated that this is an R-3 residentially zoned area. Rick Kretz, 1469 Marjorie Circle, stated he had traffic concerns regarding the project. He stated that children's safety would be at dsk if this project was approved. He stated he is concerned with potential run-off problems generated by the new development. Terry Leicht, 1514 Marjode Circle, said she liked the project; however, she has concerns with the traffic it would generate. Susan Staggs, 1615 Marjorie Circle, stated she has traffic concerns regarding the project. She stated she feels the access to the facility should be from Medical Associates campus. Jean Woodyard, 1578 Lucy Drive, said she is opposed to the access design. She said that elderly clients would have to drive along Marjorie Circle and out onto Pennsylvania and all the way around to access services at Medical Associates facility. Thomas Barton, 1625 Donovan Drive, said he is concerned with traffic safety on Pennsylvania Avenue. He said that Marjorie Circle is often hard to negotiate because it's narrow with parking Minutes - Zoning Board of Adjustment January 25, 2001 Page 4 on both sides. He said that seven other neighbors in his neighborhood are opposed to the facility because of its access. Jeff and Carrie Timmerman, 1481 Marjorie Cimle, said that they are opposed to the facility access because of traffic concerns. Charles Davis, 1588 Lucy Ddve, said that the development, as proposed, is good, but the access configuration is bad. He said that Associates Drive would be a more appropriate access for the facility. Dawn Cook, 1481 Lucy Drive, stated she believes the project is a worthy one; however, that the access, as shown, is inadequate. She said that the developer has underestimated the traffic that would be generated by the project. She said access should be redirected to Associates Drive. Richard Grothe, 3808 Andrea Street, said he is opposed to the facility because of traffic. He said if access is redirected to Medical Associates campus, there would be no emergency access necessary for the facility. Scott Franklin stated that there would be no access for employees of either the elderly care facility or Medical Associates to the facility, only a gated emergency access for fire safety. He said that assisted living complexes generate little traffic. He said that the elderly generally venture out only during Iow traffic periods. He said there will be only one delivery by a food service truck once a week. Jerry Bourquin stated that this would be typical residential development, just with older citizens. He said that 16 duplexes for seniors will not generate much traffic. He said that seniors are generally quiet neighbors and generate less traffic than standard single-family developments. Staff Member Kritz outlined the staff report, discussing the history of the neighborhood and subdivision development of this area. He said that the subdivision was platted and began to be built in the late 1970's. He said that Donovan, Welu and Aggie streets were stubbed to serve the balance of the property for access for residential development. He said when the Medical Associates planned development was approved in 1994, Donovan was permanently stubbed and used as an emergency access only. He said that Medical Associates property remains isolated so that none of the traffic from that facility can be funneled into the neighborhoods. He said that the original R-3 designation is part of the original PUD for this area and was always intended for residential development. He said it could currently be developed for a range of housing types from single-family homes up to six-plex apartment-style buildings. He discussed the gated access to the Medical Associates facility for the elderly. He stated it would be possible to have a secure gated access that could be used by clients of the facility to access Medical Associates campus. Chairperson Ruden asked ifAggie Street is intended to be a through street to Pennsylvania. Staff Member Kdtz stated no, and that traffic can use Lucy, Marjorie or Donovan Drive to access Pennsylvania Avenue. Staff Member Kritz stated that Aggie Street was stubbed in th,9 1990s Minutas-Zoning Boar of Adjustment Janua~ 25,2001 Page 5 before Medical Associates Planned Unit Development was created. He said that Aggie Street currently has 31 feet of pavement. He said that street widths in this subdivision are typical for local and collector streets. He stated that a semi could be required to come through the gated access from Medical Associates, therefore avoiding traversing streets in the neighborhood. Chairperson Ruden inquired about storm water drainage and retention. Staff Member Kritz said that City Engineering could manage storm water so as to direct the runoff to the southeast to Catfish Creek, and not onto adjacent neighborhoods. Chairperson Ruden asked Board Member Bechen if she feels the property value would be impacted by the additional traffic in the neighborhood. Board Member Bechen stated she feels that the traffic would generate a negative impact on property value, especially with the additional traffic generated by visitors and employees of the facility. Chairperson Ruden asked Staff Member Kritz if the access from Medical Associates to the facility is approved. Staff Member Kritz stated that there is no approved access other than the gated emergency access. When asked about trip generation figures, Staff Member Kritz stated he assumed that the employees and visitors to the facility were calculated as part of the trip generation. Board Member Bechen stated she has concerns for access in the area because cars park along Marjorie Circle. Board Member Urell asked about trip generation figures and said that these figures were generated by examining developments of a similar nature. Board Members discussed the proposed facility stating they are concerned with traffic and truck and bus access. The Board Members reviewed the standards for granting a conditional use permit and felt that standard #8 and #3 were not met. Motion by Bechen, seconded by Gasper, to approve the conditional use permit as submitted. The motion was denied by the following vote: Aye - none; Nay - Bechen, Gasper, Urell, Beeler and Ruden. DOCKET 03-01: Special Exception/Jim and Despia Matheos, 290 S. Grandview/to build an addition at the rear of the residence 3 feet from the north side property line, 6 feet required, in an R~I Single-Family Residential zoning district. Jim and Debbie Matheos reviewed their proposed project, noting that a wrong measurement of their foundation resulted in their home not being in compliance with R-1 Single-Family District standards, and that their foundation is 3 feet from the side property line instead of the required 6 feet. Staff Member Hemenway reviewed the setbacks of the R-1 district and stated that public safety or the value of adjacent properties should not be impacted by the addition. Minutes - Zoning Board of Adjustment January 25, 2001 Page 6 Motion by Gasper, seconded by Urell, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Bechen, Gasper, Urell, Beeler and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the December 21, 2000 meeting and Notices of Decision were approved as submitted unanimously. ITEMS FROM PUBLIC: Mike Pugh, representing IPCS, asked board members to consider rehearing their application which was filed in November, 2000 to place a communications tower at the Roosevelt Street location. He reviewed a letter that the Board received outlining IPCS's reasons for the rehearing. He said theZoning Board of Adjustment did not adhere to the Federal Telecommunications Act Rules and Procedures. Therefore, he said the Zoning Board of Adjustment decision is flawed. He said that the proposed conditional use permit for the tower should be reheard so that it follows the evidentiary rules of the Telecommunications Act. He said that the act requires that evidentiary burden be placed on the Board, not on the applicant. He said that the evidence that was submitted by the neighbors was not valid or expert. He said that because the Telecommunications Act was not followed, that a rehearing was warranted. He said that IPCS guaranteed they would streamline the rehearing and he said that the company would abide by the Board's decision if the rehearing was granted and proper procedures were followed. Assistant City Attorney James O'Bden stated that the Zoning Board of Adjustment By-Laws state that there must be new evidence submitted for the Board to consider a rehearing. He stated that a Federal Court of Appeals in a Virginia Beach, Virginia case, held that the Telecommunications Act does not override local control or local rules and regulations regarding towers. He stated that Congress was adamant that local zoning control not be abolished by the Telecommunications Act. He said that the procedure followed by the Zoning Board of Adjustment was appropriate. He said that the Board abided by existing law governing telecommunication towers. NOTE: Bechen left at 5:42 p.m. Mr. Pugh stated that he felt Mr. O'Brien was wrong and that the Virginia Beach case did not overrule the Telecommunications Act. The general consensus among Board members was that they chose not to rehear the case. ADJOURNMENT: The meeting adjourned at 6:00 p.m. Kyle L. Kritz, Associate Planner Adopted M%NUTES 7_ONING ADVISORY COMLt4~[SSION REGULAR SESSZON Wednesday, February 7, 2001 6:30 p.m. Ma]estJc Room, Fwe Rags 4u~ & Main Street, Dubuque, Iowa D FT PRESENT: Chairperson Eugene Bird; Commissioners Ron Smith, Stephen Hardie, Martha Christ, .left Stiles, Dick Schlitz and Bob Nagle; Staff Members Guy Hemenway and Kyle Kritz ABSENT: None. AFFZDAVZT, OF COMPUANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MXNUTES: The minutes of the December 6, 2000 meeting will be reviewed at the March 7, 2001 Zoning Advisory Commission meeting. PUBL%C HEARZNG\REZON%NG\MAY: Application of William May to rezone property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District. Bill Hay, 1370 Valentine Drive, outlined his request to rezone and e~L~blish a dentist office in an existing building at 989 Langworthy or to remove the building and build a new structure. He stated he would provide off-street parking at this location. Mr. May distributed letters of support from neighboring property owners and indicated he has talked to adjacent neighbors who had no objection to his proposal. Chairperson Bird entered into the record the letters of support. Staff Member Kdtz reviewed the staff report discussing the surrounding land use induding Mercy Hospital parking and a single-family home, He also discussed the list of allowed uses in the OS Office Services distric~ stating medical offices in this district are limited to Commissioner Schlitz stated that this is a logical expansion of the existing n'~dical fadtity campus. Motion by Schlitz, seconded by Smith, t~ approve the rezoning request. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Stiles, Schiitz and Nagle; Nay - None. PUBL/C HEARZNG\REZONING\CTrY OF DUBUQUE: Application of the C~¥ of Dubuque (tabled from the December 6, 2000 meeting) to rezone property located along Zoning Advisory Commission Minutes - February 7, 2001 Page 2 the Highway 20 Corridor between Bluff Street & Cherokee Drive/Collins Street from R-1 Single-Family Residential District, R-2 Two-Family Residential District, C-1 Neighborhood Commercial Distric-c, OR Office Residential District, OS Office Service Di~ and C-3 General Commerdal District to OS Off~:e Service District and POS Pubiic Open Space District. Staff Member Kdtz outlined the rezoning request and the history of the property. Staff member Kritz reviewed the agreement between the City of Dubuque and IDOT regarding the area proposed for mzoning to OS Office Service district at the northwest comer of Dodge and Bluff Streets. He indicated that the parcel was developable and would use Bluff Commissioner Christ stated that traffic is a problem at this location, The Commission discussed the OS zoned property. Commissioner Schiltz stated that he feets the POS District should be extended to include the entire Highway 20 Corridor, induding the area proposed for OS zoning, Commissioner Hardie stated that there is plenty of POS zoned area in the corridor. Commissioner Stiles questioned traffic from the proposed OS to Bluff Street and Highway 20. Commissioner Schiltz indicated he wants the City to retain POS zoning for the gateway into the City and for future highway expansion. Motion by Christ, seconded by Stiles, to approve the re. zoning request. Motion carr'~l by the following vote: Aye - Smith, Hardie, Bird and Nagle; Nay - Christ, Stiles and Schlitz. PUBLIC HEARiNG\TEXT AMENDMENT\LAMAR ADVER'rT~TNG: Application of ]ames Schumacher/Lamar Advertising to amend Section 4-3.11 of the Zoning Ordinance to increase minimum spadng of off-premise signage. Chairperson Bird excused himself from the table because of a conflict of interest. 3im Schumacher, Lamar Advertising, reviewed the reasons for his request to increase the minimum spacing between off-promise signage. Mr. Schumacher reviewed the issues discussed by the Billboard Ad Hoc Committee that while well meaning, did not result in any changes to regulations pertaining to off-premise signage. He reviewed changes in the industry that have created problems in communities. Nr, Schumacher reviewed a portion of Highway 20 that currently has two billboards with 1,600 feet between them. He said that under the current 100 foot spacing requirement, an addition 16 billboards could be erected. He said this would not allow adequate visibility for these billboards. Hr. Schumacher also indicated that the proposed language is not meant to limit competition but to ensure adequat~ sparing to allow customers messages to be seen. He said that Lamar Advertising is trying to be proactive, not reactive. The Commission asked Mr. Schumacher to review potential locations for new off-premise signage in the Dubuque area. Zoning Advisory Commission Minutes - February 7~ 200:L Page 3 Staff Member Hemenway reviewed the staff memorandum and noted the total number of billboards--the number of current non-conforming billboards, and the increase in the nonconforming billboards if the ordinance change is approved. Hemenway reviewed sparing requirements imposed by other communities in Iowa. The Commission asked Mr. Schumacher to explain the reasons for se~cting the 750 foot spadng requirement. He explained that this is the distance necessary for a passing Chris Iverson, Lamar Advertising, spoke in support of the text amendment noting that the current spacing of 100 feet is among the lowest in Iowa. Mr. Iverson reviewed the impact of an out-of-town sign company on the City of Davenport. He said that in redudng excessive outdoor signage, Davenport increased spadng to 1,500 feet:. ]im Gantz, President of Lime Rod( Spring, which does business as Pepsi Cola, stated that he would be losing a billboard as part of the Dubuque County jail expansion. He said that spadng is only one requirement necessary for finding a space for a billboard. He indicated that he is opposed to the text amendment. He said he believes the change will limit competition. 3ira Schumacher stab~ that the text amendment is meant to protect Lamar's customers, the community and Lamar employees. He stated that behind a billboard are employees, families and customers. He indicated that the text amendment is intended to provide a means for controlled growth in the outdoor advertising industry. Commissioner Schlitz stated that he feels the existing regulations have been adequate and that they are self pol'~ng. Commissioner Nagle stated that while 100 feet may be inadequate, 750 feet is b3o excessive. Commissioner Stiles stated that he believes there are areas out on the west side of town that would benefit from greater spacing between billboards, but is not set on 750 feet. Commissioner Hardie stated that the market has changed. He said that much larger companies ~ much greater resources have entered exi~E~ ~ and do not have the same r~nitations on lease payments because of very deep pockets. These companies also do not have the same regard for community values and character, which can be compromised under the eyJsting 100 feet spacing regulation. He feels that 750 f~et is not an unreasonable sparing. He said the 750 square foot requirement sbll will allow for adequate growth for the billboard ind~y and he believes the request is reasonable. Commissioner Smith expressed concern for the independents who may be adversely impacted by the proposed text amendment. Commissioner Schiltz asked why expensive leases are a bad deal for a landowner and asked Commissioner Hardie to explain the changes occurring in the indu~by and how this could impact the community. He also expres~L~l c~ncern that the ordinance amendment would resl~ct other billboard companies from entering the market. Zoning Advisory Commission Minutes - February 7, 2001 Page 4 Motion by Smith, seconded by Stiles, to approve the text amendment as submitted. Motion carded by following vote: Aye - Smith, Harclie, ChrLst, Stiles; Nay -Schlitz and Nagle; Ab~in - Bird. AD3OURNMENT: The meeting adjourned at 7:45 p.m. Kyle L. Kritz, Associate Planner Adopted CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY Tnw. CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE F~%S THE AuT~{ORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. ,. Telephone y4q / Time of Incident: ~~/~ / 5. 6. Location of incident.. (Be specific) 7, DESCRIBE ACCIDENT OR OCcu'~RENCE THAT CAUSED INoUgY OR DAMAGE. · (Give full details upon which you base your claim. If a City employee was involVed, give the employee's name. ) 8. What were weather conaltions like? ~/~-- ~-/)~7~6~/~ ./ 9. Give name and address of any witnesses. 10. Did police investigate? (If so, give names of officers.) Vi eno 11. Was ~yo~e t~j~red? (If so, ~ive ~e, ad,ess ~ ext~ of 12. Wac any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you bee~co~pensated for any.part or all of your claim by any insurance company? (If so, give name and address of insurance comPany and amount paid.) 15. What amount do you claim from the City of Dubuque? 16. Why do you claim tt~e C~ty of DubUque~s responsible? ..... Zh::h) 17. Have yo= ~de ~y cla~ a~a~st ~y~9 else for ~es as a result of t~s incid~t? If yes, give name and address: 18. If the answer to Question 17 is yes: have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa, this 2001. (Revised January, 2000) (Print Na~e) CLAIM AGAINST CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and reconunendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQu= HAS ~ku~ AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETn~R YOUR CLAIM WILL OR WILL NOT BE PAID. 2. Address: 3. Telephone Number.- ~%- ,~?g9 7. DESCRIBE ACCID~ OR OCC~CE ~T CAUS~ IN~Y OR D~E: (Give full details upon.which, you base~your cla~. If a City ~ployee ~s involved, ~ive the ~loyee, s n~e.) 8. ~at were weather conditions like~ 10. Did police investigate? (If so, give n~es of officers.) 11. Was ~yone injured? (If so, give injuries. ) 12. Was any d~ge done to property? (If so, describe property and the extent of damage, Attach estimates of damages or describe basks for ascertaining extent of damage.) 13. What other dau~ages do you claim, if any? 14. Have you been, compensa for any part or all of your claim~by any insurance company? (If so, give name and address of insurance company and amount paid. ) ~ ~ ~ ~ ~ 15. What ~mount do you claim from the City Of DUbuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have. you ~ma~e~ any-claim against anyone else for damages as a result of this incident? ~ If yes, give ~s~e and address: 18. If ~he answer tO QUestion 17 is yes., h~e you received any payme~fr~Tth~t"~0Ur~;['~d'if so, in. what amount? ~'Iowa, this Revised January, 2000) day of CLAIM AGAINST THE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and reco~unendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HA~ THE AU'rHORITY TO MAKE ANY REP.~_ES__~qTATION TO YOU AS TO WHETHF~. _voUP. CL~a.I.~. WILL OR WILL NOT EE PAID. 5 Time of Incident: 7. DESCRIBE ACCID~ OR OCC~CE ~T cAUSED INOuKY OR D~GE, (Give full details upo=.which y~ base your claim. If a City ~loyee was involved, ~ive the ~loyee's n~e.) ' 9. ~ive n~e and address of ~y wi~esses. 10. Did police investigate? 11. Was anyone injured? (If so, injuries. ) (If so, give names of officers.) give name, address and extent of 12. Was any dam-ge done to property? (If so, describe property and the ext~nt of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. ~ave yo~ be~compen, ated ~an~ part or a~ of ~our clalm, by ~y in~uT=n=~ c~y? (If so, ~ive ~e ~d address o~ insurance c~any and ~o~t paid.) 15. What amount do you claim from the City of Dubuque? r~sult of ,~i~ in=id~nt? ~ If yes, give name and address: 18. If the answer tO Question 17 .is yes,. have you received any ' payment f~om that-sOurce, ~d 'if- ~,~' i~:"~ amount? this day of (Revised January, 2000) ~ature) (Print Name) CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. t. Name of Claimant: 2. Address: ~JO ~ Telephone N er: 4. Date of Incident: c~--7 - ©/ Time of Incident: /- 6. Location of incident. (Be specific) JJd~ V : _~--/~ / / 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim, if a City employee was involved, give the employee's name.) we,e weather conditions li e? Give name and address of any witnesses. 10. Did police investigate? (If so, give names of officers.) I 11. Was anyone injured? (If so, give name, address and extent of injuries.) 12. Was any damage done to property? (If so, describe property and the extent of d~mage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by ~ny insur~co company? (If so, give na~ne and address of insurance company and amount paid.) 15. What a/nount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against anyone el~se for damages as a result of this incident? If yes, give name and address: ..... 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated aS Dubuque, Iowa, (Revised January, 2000) (Signature) Rr£'~, t Nam. e) JOE WELBES AUTO SHOPPE 2085 Jansen Street Dubuque~ Iowa 52001 3'/9-582-2076 REPAIR ESTIMATE BILL TO: BILL MOORE ~;~o? h~c DUBUQUE, IOWA PH. 556-7043 Make: CHEVROLET Dc~er..: Mode/: S-10 BLAZER Ye,ac 1989 VIN: PARTS AND MATERIALS 02/10/2001 TU-TONE QTY. PARTS DESCRIPTION PRICE EACl- AMOUNT NEW 1 _T I-FL DOOR $13.50 $13,50 NEW 1 _T SIDE MARKER LIGHT $12.20 $12.20 NEW I _F FENDER $225.00 $225.00 NEW 1 LEFT W/O MLDG $29.00 $29.00 NEW I PARTIAL STRIPE KIT $40.00 $40.00 Totel parls and ~ls: 319.70 LABOR Taxrate: 6,00 % Tax: 19.18 HOURS DESCRIPTION RATE/HOUR AMOUNT REPAIR 3.0 STRAIGHTEN HOOD $38.00 $114.00 REFINISH 2,9 REFINISH HOOD $38.00 $110.20 R&R 4.2 REMOVE & REPLACE FENDER $38.00 $159.60 REFINISH 2.6 REFINISH & EDGE FRT FENDER $38.00 $98.80 R&I 0.3 REMOVE & INSTALL FENDER MLDG $38,00 $11.40 R&R 0,3 REMOVE & REPLACE W/O MLDG $38.00 $11,40 R&I 0.3 REMOVE & INSTALL NAME PLATE $38.00 $11.40 REPLACE 0.5 STRIPE $38.00 $19.00 REFINISH 1.5 BLEND FOR COLOR MATCH $38.00 $57.00 REFINISH 0.8 TU-TONE $38,00 $30.40 REFINISH 2.0 CLEARCOAT $38.00 $76.00 Tota/.~3or: 699.20 Taxrate: 6.00 % Ta~: 41.95 Sub Total $1,080.03 PAINT HOURS DESCRIPTION 8.3 PA NT & MATERIALS HIDDEN DAMAGE LEFT OPEN NO GUARANTEE ON RUST REPAIR PARTS PRICES SUBJECT TO CHANGE I RATE/HOURI AMOUNT 23.00 190.90 Amountdue: 1,270.93 WILSON BROS. DODGE 90 JFK ~ DUBUQUE, IA 52002 PHONE: (319)583-5781 CD LOG NO 970-1 DATE 02/08/01 SHOP: ADDRESS: CITY STATE: ZIP: WILSON BROS AUTO BODY 90 JFK FED TAX ID 420779647 DUBUQUE, IA 52002- INSP DATE: CONTACT: PHONE 1: PHONE 2: FAX: 02/08/01 (319)582-6969 (319)556-6928 OWNER: MOORE, BILL ADDRESS: 2209 HOYT CITY STATE: DUB, IA ZIP: 52001- HOME PHONE: (319)556-7043 POINT OF IMPACT: 4 LIC%: BODY COLOR: RED/SILVER CONDITION: GOOD STATE: VIN: MILEAGE: ACCTNG CTL%: 1GNCT18Z6K0104063 *=USER-ENTERED VALUE EU=SALVAGE PART IT=LABOR PARTIAL REPAIR N=ADDNL LABOR OPERATION AA=APPEARANCE ALLOWANCE RI=R&I ASSEMBLY E=NEW PART EP=SEE PX REPORT I=REPAIR/ALIGN/SUBLET P=CHECK RP=RELATED PRIOR DAMAGE EC=ECONOMY PART ET=LABOR PARTIAL REPLACE L=REFINISH TE=PART/PARTIAL REPLACE UP=UNRELATED PRIOR DAMAGE 1989 CHEVROLET S10 BLAZER STD 2DR UTILITY U8402A/G OPTNS F/34IL OPTIONS: TWO-STAGE - INTERIOR SURFACES POWER STEERING TWO-STAGE - EXTERIOR - OPTION 3 4-WHEEL DRIVE OP GDE MC DESCRIPTION MFG.PART NO. E 0039 DOOR, HEADLAMP LT 15591585 GM PART E 0063 LAMP,SIDE MARKER LT 929917 GM PART I 0083 PANEL,HOOD REPAIR L 0083 09 PANEL,HOOD REFINISH E 0103 FENDER, FRONT LT 15961503 GM PART L 0103 FENDER, FRONT LT REFINISH RI 0267 MLDG, FENDER LOWER L/F R&I ASSEMBLY E 0111 MLDG,WHEEL OPENING LT 15700223 GM PART RI 0091 01 NAMEPLATE, FENDER LT R&I ASSEMBLY TE 0013 01 STRIPE ASSEMBLY LT PART/PARTIAL REPL L M16 COLOR BLEND REFINISH I M60 HAZARD. WSTE. REM. SUBLET REPAIR L TWO TONE REFINISH 13 ITEMS PRICE AJ% HOURS R 13.50 0.2 1 12.20 1 2.5'1 4.14 225.00 4.2 1 2.54 0.21 29.00 0.3 1 0.2 1 41.00 0.3'1 * 2.0*4* 4.00* *1' * 0.8*4* MC MESSAGE (S) PA~E 1 1989 CHEVROLET S10 BLAZER STD 2DR UTILITY OD LO~ NO 970-1 01 CALL DEALER FOR EXACT PART NUMBER / PRICE 09 INCLUDES 0.6 HOURS MAJOR PANEL TWO-STAGE ALLOWANCE FINAL CALCULATIONS & ENTRIES GROSS PARTS PAINT MATERIAL PARTS TOTAL TAX ON PARTS @ 6.000% 320.70 235.00 555.70 19.24 LABOR RATE REPLACE HRS REPAIR HRS i-SHEET METAL 40.00 5.4 2.5 316.00 2-MECH/ELEC 48.00 3-FRAME 45.00 4-REFINISH 40.00 9.4 376.00 5-PAINT MATERIAL 25.00 LABOR TOTAL 692.00 TAX ON LABOR @ 6.000% 41.52 SUBLET REPAIRS 4.00 TAX ON SUBLET @ 6.000% 0.24 TOWING STORAGE GROSS TOTAL 1,312.70 NET TOTAL 1,312.70 ADP SHOPLINK UB303 ES CD LOG 970-1 DATE 02/08/01 03:56:30PM R6.1 PXN:N/00/00/00/00 CUM:/// HOST LOG COPYRIGHT 1999, AUTOMATIC DATA PROCESSING, INC. CD 01/01 1.6 HOURS WERE ADDED TO THIS ESTIMATE BASED ON ADP'S TWO-STAGE REFINISH FORMULA: 20% OF REFINISH HOURS, AFTER OVERLAP, PLUS 0.6 HOURS FOR THE FIRST MAJOR PANEL, WHERE NOTED. PAgE 2 ~u~o ACCZDE~ Z~FOENATZON i LOCATION NAME 'DATE OF BIRTH ADDRESS CITY STATE ZIP CODE ~ 7~- e~//~ DE/vE.~?S LICENSE NUMBER STATE TYPE RESTRICTIONS CITY STATE ZIP CODE VEHICLE LICENSE -z::~/o/ STATE~/Y~..A~ VP. alCLE ~E YEaR BODY DAMADE "' ~I~I~N~ COI~ANY INVESTICA~f~ OYFICER(S) BADGE NO. CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: 2. Address: /~ ~/ 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: 6. Location of incident. (Be specific) ]h ~rm~- ~+ ~,~y ~{.~ 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name. ) - --U i / - / 8. What were weather conditions like? lC ~ / 9. Give name and address of any witnesses. /7o D~, 10. 11. Did police investigate? (If so, give names of ofi~rs.~ ~ Was anyone injured? (If so, ~ive n~e, address an~' · te~ of~ injuries. ) ~ ~ ~ ~ DRIVER EXCHANGE INFORMATION Dubuque Police Department (319) 589-4410 Driver's Name - Last LANG Address 2933 BURLINGTON STREET L4i8~.~ 6h;; bar ReMdcgons/Endarsements Complied With? Insurance Company Yes SELF INSURED (CITY DBQ) ! C~ner's Name - Last First 1997 CHEV PICKUP IA 2001 64441 Ung 001 First Middle KENNETH GEORGE City DUBUQUE Class/Type License State B IA Middle city DUBUQUE Style TRUCK VIN Number 1GBJK34FgVF006640 Suffix Work Phone Home Phone (319) 589.4250 x (319) 088-0354 x State Zip Code Date of Bidh IA 52001 06/02/1958 License Endorsements License Restrictions N NONE Insurance Policy Number Insurance Company's Phone Number (319) 5894100 x Suffix Company Owner's Name CITY OF DUBUQUE State Zip Code Approximate Cost to Repair or Replace IA 52001- Vehicle Type Maintenance / Construction Vehicle Damaged Area(s) of Vehicle Driver's Name - Last First I Address City Gender License Number C[assFFype Unit 002 Middle Rest rictions/E ndorsements Corn plied Wit h? Insurance Company COTTINGHAM & BUTLER Owner's Name - Last First Middle NIGG NONA R I Address City 1631 ASHTON PLACE DUBUQUE Year Make Model Style 1998 FORD TAURUS 4-DR Plate State Plate Year Plate Number VIN Number IA 2001 774AXU IFAFP52UIWG208638 Suffix Work Phone Home Phone (319) 6884)427 x State Zip Code Date of Bir~b License State License Endorsements License Restrictions NONE NONE Insurance Policy Number insurance Company's Phone Number Suffix Company OwneCs Name Slate Zip Code Approximate Cost to Repair or Replace IA 62001~ $1,500.06 Vehicle Type Passenger Car Damaged Area(s) of Vehicle 03,04 Co~unty Accident occurred within corporate limits of (city) Dubuque - 31 Dubuque - 2100 Lderal Description "N/A" ': X Coordinate I Y Coordinate "N/A .... I N/A" I Direction Nearest City Ill ACC dent Occurred Outside of I "NIA" of City Limits Show General Vacinity "N/A" ~ N/A On Road, Street or Highway Road Class ASHTON PLACE 4 - City Street Road Class IAt Intersection With [ "N/A" ' "N/A" 75 Ft 1 -N and ""N/A .... N/A" Milepost Number or Definable [nterseMion, Bridge, er Railroad Crossing ASHTON PLACE/DECORAH STREET Officer's Name ! Badge No I Case No ; Date of Accident i Time of Accident RADLOFF, STEVE ,// ~/- '~X'~t 32A I 01-04717 02/06/2001 , 05:53 Printed At: Dubuque Police Department Page 1 Case Cf: 01-04717 Dste: 2/8/01 82:53 PM Estimate ID: 4260 Estimate Version: 0 Preliminary Profile ID: DUBUQUE MIKE FINNIN FORD, 3600 DODGE STREET DUBUQUL~, iA 52003 (3t9) 556-1010 Fax: (319) 556-5249 Tax ID: 42-1074463 Damage Assessed By: RICK STUMPF Deductible: UNKNOWN Insured: NONA NIGG Address: 1031 ASHLAND DUBUQUE, IA 52001 Telephone: Home Phone: (319) 588-0247 Description: 1998 Ford Taurus SE Body Style: 4D Sad VIN: 1 FAFP$2U1WG208638 Mitchell Service: 911623 Drive Train: 3.0L Inj 6 Cy~ AO Line Entry Labor Item Number Type Operation 1 100907 BDY REPAIR 2 AUTO REF REFINISH 3 100911 BDY REMOVE/REPLACE 4 101288 BDY REMOVE/INSTALL 5 101294 BDY REPAIR 6 AUTO REF REFINISH 7 AUTO REF ADD'L OPR 8 AUTO ADD'L COST 9 AUTO ADD'L COST Line Item Description R QUARTER OUTER PANEL R QUARTER PANEL OUTSIDE R QUARTER FUEL DOOR REAR BUMPER COVER REAR BUMPER COVER REAR BUMPER COVER CLEAR COAT PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL FTDZ 54405A~8 A Existi,~g Amount Units C 3.0 25.13 8.3 # 2.0* C 2.9 192.50 * 3.00 * Judgement Item - Labor Note Applies - Included in Clear Coat Calc Add'l Labor Sublet I, Labor Subtotals Units Rate Amount Amount Totals Body 5.8 40.00 0,00 0.00 232.00 T Refinish 7.7 40,00 0.00 0.00 308.00 T Taxable Labor 540.00 Labor Tax @ 6.000% 32.40 Labor Summary 13.5 572.40 ~ 6.000% Total Replacement Pads Amount ESTIMATE RECALL NUMBER: 218101 14:50:17 4260 UltraMata is a Trademark of Mitchet~ ~ntamation~[ Mitchell Data Version: FEB_01_A Copyright (C) 1994 - 2000 Mitchell [nternstienal UltraMate Version: 4.6,004 All Rights Rsservec! 26.6~ Page 1 of 2 Date: 2! 8/0t 02:53 PM Estimate iD: Estimate Version: 0 Preli.mina~ Profile iD: D~J~UQLIE IlL Additional Costs Non-Taxable Costs Amount 195.50 ~V. A~justr~ents Customer AesporJsibiJity Total Additional Costs 195.50 Total Labor: Total Replacement Par~s: Total Additional Costs: Gross Total: Total Adjustments: Net Total: This is a ~re!im[naP~ estim~te, Additional chanoes to the estimate may be re~r~ the actus~ repair. 572.40 26.~4 195.50 794.5A 794.54 ESTIMATE RECALL NUMBER: 21 8/01 14:60:17 4260 UltraMate is a Trademark of Mitche~ i~tematio,3~l Mitchell Da~a Version: FEB_01_A Copyright (C) 1994 - 2000 Mitchell ~ternatio~! UltraMate Version: 4.6,004 AIl Rights Reservec 2 of 2 Date: 2/8t01 10:t3AM F.~'timate ID: 1329 Estimate Version: 0 Preliminary Profile ID: Mitchell Dan Kruse Pontiac, Nissan, BMW 600 Century Drive Dubuque, IA 52002 (319) 983-7345 Fax: (319) ~83-7349 Damage Assessed By: Dave DeMoes Deductible: UNKNOWN Insured: NONA NIGG Description: 1998 Ford Taurus SE Body Style: 4D Seal VIN: 1FAFP52UIWG208638 Mitchell Service: 911623 Drive Train: 3.0L Inj 6 Cyl AO Line Entry Labor Line Item Part Type/ Item Number Type Operation Description Part Number Dollar Labor Amount Units I 102182 BDy REPAIR R SIDE BODY PANEL ASSEMBLY -S Existing 2 AUTO REF REFINISH R SIDE BODY PANEL 3 100911 BDY REMOVE/REPLACE R QUARTER FUEL DOOR F6DZ 54405A26 A 4 101288 BDY REMOVE/INSTALL REAR BUMPER COVER $ 101294 BDY REPAIR REAR BUMPER COVER Existing fi AUTO REF REFINISH REAR BUMPER COVER ? AUTO REF ADD'L OPR CLEAR COAT 8 AUTO ADD'L COST, PAINT/MATERIALS 9 AUTO ADD1. COST HAZARDOUS WASTE DISPOSAL * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc 3.0' C 6,2 28.13 0.3 # t.0 3.0' C 2.9 3.1' 305.00 * 3.50 * Add'l Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summery Body 7.3 40.00 0.00 0.00 292.00 T Taxable pints Refinish 12.2 40'50 0'50 0.00 488.00 T Sales Tax Taxable L,~or 780.00 Labor Tax ~ 6.000 % 46.80 Labor Sunmmry 19.5 826'50 Total Replacement Parts Amount IlL Additional Costs Amount IV. Adjustments Non*Taxable Costs 308.60 Customer Responsibility Total Additional Costs 308.50 ESTIMATE RECALL NUMBER: 2/~)1 10:1t~6 1329 UitraMste is a Trade,hark of Mitchell International Mitchell Data Version: FEB_01_A Copyright (C) 1994 - 2000 Mitchell International Ul~'aMate Vorsiom 4'5.004 AIl Rights Reserved 6.000% Amount 25,13 1,51 Amount *0.00 Page I of 2 Data: 2/8/01 10:13AM Estimate ID: 1329 Estimate Version: 0 Preliminary Profile ID: Mitche~! I. Total Labor:. II. Total Replacement Parts: Ill. Total Additional Costs: Gross Total: 826.80 26.64 30~0 1,161.94- IV. Total Adjustments: Net Total: 0,00 1,161.94 This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual repair. ~)AMAGE REPORT IS BASED ON OUR INSPECTION AND DOES NOT COVE~ ~'Y ADDIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN OPENED UP THE INS,WILL BE NOTIFIED. ESTIMATE RECALL NUMBER: 2/8/~1 10:11:36 1329 UitraMate is a Trademark of Mitchell Iotemstional Mitchell Data VerSiOn: FEB_01_A GO, l~.yright (C) 1994 - 2000 Mitchell IntemaUonal UltrsMste Version: 4.6.004 All Rights Reset, ed Page 2 of~ 2 CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and reco~endation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS '1'~ AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WiLL NOT BE PAID. 3. TelePhone N,,,-~er: ~1~- 5.~'-219-5 ~ 4. Date of IneXact: ~/~ o~-~z-6) 5. Time of Incident: ~,'~- ~D9 ~. ~.ocation of ~eid.~t.. (Be speoific) ~ ~%~ ~ -- 7. DESCRIBE ACCIDENT OR OCco~RENCE THAT CAUSED INJURY OR DAMAGE. (Give full de'tails u~n which you base your claim. If a City employee was involved, give the employee's name.) 8. What were weather con~ions like? --FO 9. Give name and address of any witnesses. 10. 11. Did police investigate? Was anyone injured? injuries.) (If so, give names of officers~) (If sO, give name, a~ss and extent of 12. Was any ds~age done to property? (If so, describe property and the extent of damage. Attach estimates Of damages or describe basis for ascertaining extent of damage.) 13. ~at other dm~es do you cla~, if ~y? 14. 15. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid. ) What amount do you claim from the City of Dubuque? 16. Why dO you claim the City of Dubuque is responsible? · ,, -- - ..~ ~ / 17. Have yo%~ made any claim against anyone else for d~mages as a result of this incident? ~ If yes, give name and address: '--~ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa, this 2001. day of ~C~ I (Signature) "- (Print Name) (Revised Janua~-y, 2000) Date: 212/01 08:37 AM Estimate ID: 3460 Estimate Version: 0 Preliminary Profile iD: Mitchell Alley's Olds-Mazda-Subaru 4455 Dodge St, Dubuque, IA 52003 (319) 588-2326 Fax: (319) 688-9286 Tax ID: 42-0957277 Damage Assessed By: KEITH KNIPPER Deductible: UNKNOWN Insured: UNDA SANFORD Address: 10351 ST JOES DR DBQ, IA 62003 Telephone: Home Phone: (3'19) 689-2193 Mitchell Service: 917163 Description: 1995 Mazda 626 LX Body Style: 4D Sed VIN: 1YVGE22C4S6411288 Options: AUTOMATIC TRANSMISSION Drive Train: 2.0L Inj 4 Cyl 4A Line Entry Labor Line Item Item Number Type Operation Description I 700462 BDY REMOVE/REPLACE QUARTER ANTENNA ASSEMBLY Part Type/ Dollar Labor Part Number Amount Units 0000-81.9306 140.95 0.6 I. Labor Subtotals Body Labor Summary Add'[ Labor Sublet Units Rate Amount Amount Totals 0.6 40.00 0.00 0.00 24.00 T Taxable Labor 24.00 Labor Tax ~ 6.000 % '1.44 0.6 25.44 II. Part Replacement Summary Taxable Parts Sales Tax ~ Total Replacement Parts Amount 6.o00% Amount 140.98~ 8.46 149.41 III. Additional costs Total Additional Costs Amount 0.00 IV. Adjustments Customer Responsibility L Total Labor: IL Total Replacement Parts: 91. Total Additional Costs: Gross Total: Amount 0.00 26.44 149.41 0.00 174.85 ESTIMATE RECALL NUMBER: 212101 08:34:19 3460 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JAN_01_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4.6.004 NI Rights Reserved Page 1 of 2 State Farm February 2, 2001 Insurance Companies Subrogation Unit P.O. Box 83106 Lincoln, NE 68501 City Of Dubuque Attn: Carol gulick 50 West 13th St Dubuque, IA 52001-8464 Your Claim Number: Your Insured : City of Dubuque Date of Loss : November 1, 2000 Our Claim Number : 15-3028-921 Our Insured : Timothy Grass Dear Carol: We have been informed that you are the insurance carrier for the above named individual. Our investigation establishes that your insured was responsible for this accident. We were called upon to provide payment for our insured's damages. The total amount of subrogation interest is $872.94. We are enclosing our supporting documentation for our subrogation claim as outlined below. Repairs/Total Loss paid by Company Rental Paid by Company UM-BI Medical Payments Other (Explain Below) Less Salvage Total Company Portion Insured's Deductible Rental Paid by Insured Total Amount of Loss $253.75 +$ +$ +$ +$ -$ $253.75 + $500.00 + $74.19 & $45.00 Tow HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 Page 2 February 2, 2001 Please send your reimbursement directly to State Farm Insurance for the total amount and we will reimburse our insured their deductible. If we do not hear from you within 30 days of the date of this letter, we will have no alternative but to file in arbitration or file suit against your policyholder. Sincerely, ~Abbott Claim Expediter (888) 248-6961 State Farm Mutual Automobile Insurance Company CLAIM AHAINST THE Cl~Y .OF DD~UQU~ PA~D. 7. D~C~I~E ACC~ OR OCC~R~CE T~ (~ive ~ull de=a~l~ u~on ~hi~ you ba=~ ~loyee was i~lve~, ~i~ ~h~ ~ployee's n~. ) 10. D~ pol~e l~v~s~!~a~e~ (I~ ~o. ~iv~ n~e~ of officers.) ~y fn~r~e ~y~ (~f ~o, ~ive. n~e ~d ad~=e=a RBZ00032 date: 02-02-01 time: 08:17 AM STATE FARM MUTUAL AUTOMOBILE INSU?JINCE COMPANY VEHICLE DAMAGE REPORT date of loss 11-01-00 Estimate Vehicle Info ~ Vehicle Owner: Grass, Tim ~ Vehicle Description: 92 Toyota Paseo 2D Cpe ~ Date: 11/13/00 11:05 A.M. Estimate ID: 15-3028-92101 Estimate Version: 1 Supplement: lOP) 11/13/00 11:05: Damage Assessed By: Robert Nanley Supplemented By: Robert Eanley Type of Loss: Collision Date of Loss: 11/01/00 Deductible: 500.00 Claim Number: 15-3028-92101 HanLeyAuto Bedy inc. 1030 Century Circle Dubuque ,iA 52002 (319) 583-7220 Fax: (319) 583-8355 Address: Tetephone: Description: 1~2 Toyota Paseo Body Style: 20 Ope VIN: JT2EL45F1NOD30139 OF-M/ALT: 0 Mitchell Service: 914748 Drive Train: 1.5L Inj 4 Dy[ 5M Line item Description REMOVE/REPLACE WHEEL REMOVE/REPLACE NEN TIRE 175 65/R14 ALIGN FRONT SUSPENGION -M REPAIR ST. LOWER RIGNT FRAME RAIL AT CONTROL AP~ REMO~E/REPLACE L FRT SUSP CONTROL ARM ASSY -M REMOVE/REPLACE L STEERINO TIE ROD REPAIR *'******~'~'** FINAL GILL **************** ADD'L COST TOWING * - Judgement Item # - Labor Note Applies Part Type/ Part N[a~ber Remanufactured New Existing 48069-16060 45503-19195 Existing Dollar Labor Amount Units 185.00~ 0.3 49.70* 0.5* 171.24 87.34 45.00' 1.1# 0.6 # UltraMate is a Trademark of Mitchell Internatior~l Copyright (C) 1~4,1~ Mitchell Internati~aL Ail Rights Reserved Page 1 of Sate: 11/13/00 11:05 Estimate ID: 15-3028-92101 Estimate Version: 1 Supplement: I(P) 11/13/00 11:05: FINAL Profile ID: Mitchell Add' l Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals Il. Part Replacement Summary Body 0.8 36.00 0.00 0.00 28.80T Taxable Parts Frame 1.0 36.00 0.00 0.00 36.00T Sales Tax Mechanical 3.0 36.00 0.00 0.00 108.00T Taxable Labor 172.80 Labor Tax @ 6.000% 10.37 Non-Taxable Labor 0.00 Labor Summary III. Additional Costs Taxable Costs 4.8 183.17 Sales Tax · 6.000% Total Replacement Parts A~ount Total Additional Costs Amoc~t IV. Adjustments 45.00 Insurance Deductible 2.70 47.70 I. Total Labor: Il. Total Replacement Parts: iii. Total Additio~l Costs: IV. Total Adjustments Net Total: Less Original Net Total: S1: Robert Hantey Amount 493.28 @ 6.000% 29.60 522.88 Amount 500.00- 500.00- 183.17 522.88 47,70 753.75 500.00- 253.75 285.36 Inspection Site: HANLEY AUTO OODY INC. Body Shop: MANLEY AUTO BO~Y Address: 1030 CENTURY CIRCLE DUBUQUE, IA 52002 ESTIMATE RECALL NUMBER: 11/10/00 14:54:18 15-3028-92101 UltraMate is a Trademark of Mitchell International M~tchel[ Data Vers{on: NOV_OO_A Copyright (C) 1994~1999 Mitchell International Ultramate Version: 4.6.004 All Rights Reserved Page 2 of 2 RBZ0003~{ date: 02-02-01 page: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AUTO PAYMENTS named insured GP.2~S S . TIMOTHY I d enotes consolidated ~yment denotes previous data 106052191J FJ~FLEY AUTO BODY INC. ON policy number G189--690--15 date of less ~_1 --0-1 --00 253.75 11-15-00 PAID nr0 I.M-Os-Ns % a -a , LAY aol0 ) DUBUQUE POLICE DEPARTMENT CII( ) INCID._ ENI _ �'/ L / y-� CASE N0. / INCIRFNI R PNaI �,�-J�/11YlyJ�/[ !� �r `+r P r'�/ QD- �� (��'� PEDESTRIAN INJURY IPIIYSICAL AGILITY EYEGLASSES TYPE (FODIWEAR TYPE OWNER ARMING PROPERTY ADDRESS VI 8 CITY NAS VICTIM FAMILIAR WITH LOCATION . HON LOCA11 4LANC10�iij.+ I BUSINESS PHONE NO. SURFACE CONDITIONS ff�'' �� ((��-�� l/% / oG v/ (/ ,�, ORM -. FIR11 R/S/DUO (MACS _T/ifl 07-1P1' 37/817 6' OCCUPANT ABUIFING PROPERFY HEAVIER CONDITIONS I c�M'�/DQR�ss oo7111-.57g7 Q PIIsAD.3 7836 lag 7��// /zn 1,44 0 VICTIM; OCCU'n F - -- DATE,Amy TIME OCCURRENCE ./1/7/0° 737 COMPL4Nmor v R/5/DUB ADDRESS CIFY DEATH REPORT I LOCAI IOII OF BODY MEDICAL EXAMINER NOTIFIED ADDITIONAL DESCRIPFION OF AREA VICTIM'S ACTIVITIES GOING FROM ALL INJURIES IIIAIURE Of INJURY TAKEN TO CONDITION ( ) HBO ( ) INTOXICATED I I SnNFR 1 I INF! 1 frog, DAMAGE CITY PROPERTY' CI IY PRUPERIY DAMAGED DESCRIPTION OF DAMAGE LIGHTING CONDITIONS 10 AIIENDING PHYSICIAN IRA TRANSPORI ED BY ALCOSENSOR RESPONSIBLE PERSON IR/S/000 ADDRESS ICITY • RESPONSIBILITY ( ) YES I DESCRIBE ADMITTED I ) NO INSURANCE CARRIER INSURANCE CARRIER ADDRESS ARREST -CHARGE EMPLOYER -SCHOOL AITENDED N/cC_. GATE AND 1 ME P0Rti0 ///// 0 0 TIME AND DATE BODY REMOVED BY ESIIMAIED COSI APPARENT CAUSE OF DEATH ANIMAL COMPLAINT I NATURE OF COMPLAINT/INJURY REFERRED TO TYPE ANIMAL I COLOR/MARKINGS I SEX I AGE OWNER'S NAME PHONE NO. HOURS 737 TIME NOTIFIED DISPOSITION NAME OWNER'S ADDRESS VEHICLE INFORFUITlONI _�OEyd 1 M/1,4SE. U YEAH V-CCO-7T 0. LICENSE O. /J 9a I / 4- L- 1 �E�p�' rF �iJl y�c'yi'ot,lS3JI, Toxin; D®J ; 2l /''S OPE5ATQWERSON IN CONTROL NAME ADDRESS (r/ff?-ss . run OWNER NA I ADDRESS TIME ARRIVED IIME OF REMOVAL ADDITIONAL ( ) INVESTIGATION IRABIES TAG NO, S1YLnEE 2g7o oe LICENSES1AFC DESCRIBE ACTION OF RESPONSIBLE PERSONAUSING DAMAGE NAME/OADGE TIME AND E ,» en, .'o C o /,tAT h vzg6; A' /1�� vsn, / PHOTOGRAPHS / I LIMEAL , 9091"Au�{ >74 ,4r� / MZ 57%04 4`/-�s-A -Matn,#,e'/ 5J2,17.Cov.n7Fe," -1l�f %j ve/� de l ha// dm,/ Lv pi/A/4 lit/4 argil ¢Aire %a,cL�ss'.Ji/-e non b%vi oLS vnJflCo r'9f 010/n ya I BC RRyt . r),c r2),4 / £L7 BA/E(S) O�E/7f 0 LED I SUPER j DUBUQUE POLICE DEPARTMENT LASE .0. � // INCIDENT REPORT Page 2 ri 0 -' .- / 6l' VILIIM'S ULSLNIPIIUN UI IN6J ULN1 IU]t t1161 PtKSUN - t*AMPLt: I WAS LI:IIiu, �/r�rlss� S /r9 s'S4-a-ft_frar/n�d%nrris- tal'n`04,6A .��-/JS.6 /Il6?o,00 7/S -- /r�� n� 74v4e / e / dein) eyerl 44-d-1/ c 7/27— 191/41$ VGJol e Q6tys/iA /596 /As a c3A'CSCAX 7721-19,96-305 C. 'N 60g 60t, MaM/as 1' £7& //7/Y� JN83 1.¢19G 0/1714 71a /12 5141717 G:o.,n 71%/22474 /3 a' -682-7/90 o/.c v of i S r //3S3c - ( ( 1 HAVE READ ( ) HAD READ TO ME TOE FOREGOING VERSION OF TUE INCIDENT AND 1 CERTIFY THAI 11 IS THE TRUTH TO THE BEST OF MY KNOWLEDGE, UItILtKCS SIbNAIUNt YIlIIM'S SIbNAIUkt WITNESS NAML WI'NESS ADDRESS IR/5/DOB PHONE NO. I WIINLSS NAME NIINESS AMISS . IN/5/000 PMUHL NO. 2 $110 105 /te.)./n1 UOS'tNYAI IU1 Qn isap MMt Ii b i b vtN/YAl1Un3 D9 • 4//3 /�/Y' / ^76/ft/ •b S6t- 9'77 HI /,/A 6 �arin.z, v� l G/44, !f"ia/ 9 / .( 2 / op S,/av 1--- �7�D/` iP/% -tel\{03 X4/61---/Mt---03-7,7 /Jsl rgtic0 - srt4%',tip &-//iffY%a‘/sig 6%�/Ye/U /a, . p est 77/ -/-i Lee- s 91// f/7?.. 512 la Si -4 sf- Sid -vYo % hreLLV L`` v/��n / �1 �5/ /rz s et o ve 0 ve A a. p a { LPr in -M-2 allit/Set-14 011 6A u' S7/1 /CJ"�.�✓j OA•/!'r /L u Gnas fS is' . vCA ob. d�n1 ,4c� /o' � / /ms- / t f ,ct-9 7 74-17/9 / v4 //�v/ig1/! ,/ c!,>n G o,S c 2- /yt- e- s /�/e /Z s Iiia P.v1"nmmt fieC4/7/ (77- -f, `i/s ///�.lP.rane d /nthca /Ii /49,4-//49,4-»° 4/uilrP/G,,,n/- 7 V/r,$ o* %0/P • li//eh,A,s /a //a watt �Yi f101.441 oil w s//l. i— e.,/ -- / e,/v6t/, f/7,eS ` /v,O/Co/r/ C% i/rove oG'» nt'5' �%0AAo/N/ /cam/,, e exiic 0ono �a /.•i l�'/4 on Sirv�� pLh/t' ,io/P /v/dh v�% /',//hJf�Cal 'IV P ' 7?*s Cacica / +Ae to. co /v $° i&// Jr'/% /S ///7f°wn i/C/ete /5 I2��ie `jar" la T/e tA, fi 044S'1t# ciPPo� nori �� Gsrl?/� /JP'Z//iv./ qne/ /L/5�ho/n% hh.P Scot • BARRY A. LINDAHL~ S~~- CO KPOKATION COUNSEI M MO To: Dat~: Mayor Terrance M. Duggan and m~mhers of the City Council ~ebruary 13, 2001 Claim of Mackenzie Kylmanen Claimant Date of Claim Date of Loss Nature of Claim Mackenzie Kylmanen 1/25/01 1/i5/01 personal injuries This is a claim for damages for personal injuries the claimant suffered when she fell exiting a City bus. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa. Communities Assurance ~ool. BAL/cg CC - MS. Mark Munson Mackenzie Kylmanen e-mail b~lesc!~m~vci.net BARRY A. LINI)AHL~ (~OK?OKATIOlq COUNSEL~ MEMO To: Claimant Kelly Larson Mayor Terrance M. Duggan and members of the City Council' February 13, 2001 Claim of' Kelly Larson Date of Claim Date of Loss 1/18/01 12/.14/00 Nature of Claim vehicle damage This is a claim for damages to the claimant's parked vehicle, which was damaged by ice falling from the roof of City Hall. This ciaim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa.Co~,,uz~ities Assurance.Pool. BAL/cg cc - Mr. cc - Ms. Rich Russell Kelly Larson 196 CYCAR£ PLAZA DUBUQUE IOWA 52001 T~LI~ 319 585-4tI5 FAX 319 583-I040 e-m~i! b~lesq~m~¢i.net BAR. RY .fi,.. LINDA. HL~ COKPOKATION COUNSEL MEMO Mayor Terrance M. Duggan and members of the City Council' February 13, 2001 Claim of Lois. Link Lois Link Date of Claim Date of Loss Nature of Claim 12/7/00 9/17/00 per'sonal injury This i~ a claim for damages for personal injuries suffered by the claimant in a fall on the sidewalk.at 997 Mt. Lo~etta. · This claim has been referred to Public Entity Risk Serviues of · Iowa,' the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. Mike Koch cc - Michael Coyle, Esq. 196 CYC&R~ PLAZA DUISUQUI~ IOWA 52001 T~LI~ 319 58S-411~ FAX 319 583-I040 e-mail b~lesq~m~ci.~¢t BARRY A. LINDAHL S~Q- CO~PO~ATION COUNSEL MEMO To~ Date: Mayor Terrance M. Dugga~ and members of the City Council' February 13, 2001 Claim of Kim Mesch Claimant Date of Claim Date of'Loss Nature of Claim Klm ~esch 1/29/01 · 1/25/01 vehicle damage This is & claim for damages to the claimant's parked car, which it sustained when it was hit by a City refuse truck on Emmett Street. This claim has been referred to Public Entity R~sk Services of Iowa; the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. Don Vogt cc - Mr. Paul Schultz cc - Ms. Kim Mesch TF.L,~. :519 55~*-4 I 1 ~* FAX ~*19 58,5-1040 e-m~iI bi~lesq~m~tci.nct BAKKY A. LINDAHL~ COI~POI~ATiON COUNSgL~ MEMO To: Mayor Terrance M. Duggan and me~ers of the City Council' F~bruary 13, 2001 Monte Carlo Restaurant Claim Cl~4m~-t Date of Claim Date of Loss Nature of claim Monte Carlo-Restaurant 1/29/01 1/'17/Ol loss of business This is a claim for damages for loss of business'income and inventory which the restaurant is sustaining because of not being able to use the back portion of its structure due to severe cracking, of. the walls. This claim has been referred to Public Entity Bilk Services of Iowa, the agent for the Iowa Coumlunities Assurance Pool. BAL/cg cc - Ms. Cindy Steinhauser cc - Mr o Larry V. Gee 196 C¥CAEE ~LAZA DU~U(~U~ IOVtA 52001 T~LI~ ~'19 55~-4t15 ~AX 319 5g$-1040 BAI~RY A. LINDAHL~ ~OKPOKATION COUNSEL MEMO Mayor Terrance M. Du. ggan and members of the City Council February 13, 2001 Brian C. Noel. Claim Claimant Date of Cle~m Date of Loss Nature of Claim Brian C. Noel 1/31/01 1/23/01 vehicle damage This is a claim for damages to the claimant's dar, which was · rear-ended by a Dubuque police car at the intersection of University Avenue and Alpine Street. This ciaim has been referred to Pub. lic Entity Risk Services of Iowa, the agent for the Iowa.Communities Assurance-Pool. BAL/cg cc - Chief Kim Wadding cc - Mr. Brian C. Noel 196 C¥CARE PLAZA DUBUQUE IOWA 52001 TE~.E 519 553-4 I 15 FAX 319 583-I040 ¢-m~i! b~lescl(~mwci.nc~ B A R.E¥ A LINI~AHL~ MEMO Date: R~: Mayor Terrance M. Duggan and members of the City CoUncil February 13, 2001 Claim of'Mary. C. Oglesby Claimant Date of Claim Date of fLoss Nature of Claim Mary C. Oglesby 1/18/01. 1/13/01 personal injury This is a claim for damages for personal injuries and lost wages the claimant sustained because of a fall on an icy street. Thi~ c~aim has been .referred to Public Entity Risk Services of Iowa, the agent for the Iowa ~ommunities Assurance-P~ol. BAL/cg cc - Mr. cc - Mr. cc - Ms. Don Vogt John Klostermann Mary C. Oglesby .CD e-malI b~lesq~m~ci.ne~ BAP. I~.¥ A. LINDAHL~ (~0 KPOP..ATI ON COUNSEL MEMO To: D2te: Mayor Terrance M. Duggan and members of the City Council' February 13, 2001 Claim of' Susan A. Walgamuth Claimant Date of Claim Date of Loss Nature of Claim Susan A. Walgamuth 1/16/01 1/~5/01 vehicle damage This is a claim for damages to the claimant's parked car, which it sustained When it was struck by a City bus. This c%aimhas'been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance PQol. BAL/¢g cc - Mr. Mark Munson cc - Ms. Susan A. Walgamuth c) e-radii b~][esq(~mwc{.net BARRY A- LINDAHL~ ~{~' MEMO Mayor Terrance M~ Duggan and members of the City Council ~eb'ruary 13, 2001 Claim of Linda L. Sanford Date of Claim Date of' Loss Nature of Claim Linda L. Sa~ford 2/6/01 . 2/2/0~ vehicle damage This is a claim for damages to the claimant's vehicle, which it sustained when the gate at the Locust Street Parking Ramp malfunctioned and came down on it, breaking off the radio antenna. According to the report 9f Cindy S~einhauser, Pa~king Systems Manager, .this claim is correct as filed and she recommends that it be approved. It is the recommendation of'the Legal Department that 'this claim, in the amount of. $174.85, 'be paid by the' Finance Director and submitted to ICAP for reimbursement. Attach. merit cc - Ms. Cindy Steinhauser cc - Ms. Linda L. Sanford' e-malI bAlesq~mwci-net CITY OF DUBUQUE, IOWA MEMORANDUM February 9, 2001 To: Carol A. Gulick, Legal Department From: Cindy Steinhauser, Parking System Supervisor Re: Claim of Linda Sanord Introduction This memorandum is in response to the vehicular damage claim brought on by Linda SanforcL Disgussio. n Acco~llng to our records, on February 2, 2001 at 6:54 mm. ~ Sanford entered the Locust Street parking ramp ming the Locust Street entrance. According to her statement upon entering the r~omp, the gate arm came down on h~re vehicle causing damage. The maintenance department was contacted immediately and at 7:15 a.m. a roll pin in the gate was observed as worn and subsequently was replaced. Recon~, end Based upon the above information I believe that the damage to Ms. Sanford's vehicle was the result of a malfimction in the equipment and recommend that Ms. Sanford he Kane Development Corp. 1901Rockdale Road Dubuque, Iowa 52003 Feb. 10, 2001 Honorable Mayor Duggan and C~ty Council 50 W. 13th St. Dubuque, Iowa 52001 Dear Mayor and Council Members, Kane Development is asking for City of Dubuque acceptance of sanitary sewer and water main system at Pine Knoll Condominiums, on Katrina Circle in Dubuque, Iowa (Phase 1). Please advise through city staff what requirements are needed to dedicate these improvements to the city. Sincerely, Steve Boge, sec./treas. ¥l 'enbnqno GqAiBO31::l City Clerk's Of~ce 50 West 13th $~eet Dubuque, Iowa 52~001-4864 (319) 589-4120 (319) 589-0890 FAX February 2, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Police Officer was conducted on November 21, 2000. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. POLICE OFFICER Jamie Karshsbaum Heath Holub Andrew Harden Benji Young Julio Casillas John Pace Michael Clasen Joseph Messerich Shawn Patterson Ted McClimon Eric Sisler Jeff Stewart Nathan Knepper Respectfully submitted, Loras Kluesner, Chairperson Merle J. Duehr Richard Wertzberger Civil Service Commission Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Interagency Agreement between the City of Dubuque and the Dubuque County Board of Heatth for Inspection of Pools and Spas in Dubuque County Public Health Specialist Mary Rose Corrigan is recommending approval of an Interagency Agreement with the Dubuque County Board of Health for City inspection and enforcement of swimming pools and spas. I concur with the reconunendation and respectfully request Mayor and City Council approval. Michael C Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mary- Rose Corrigan, Public Health Specialist CITY OF DUBUQUE, IOWA MEMORANDUM February 5, 2002 TO: Michael C. Van Milligen, C~ty~lanager FROM: \ Mary Rose Corriga~N!~Hea th Specialist SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County INTRODUCTION This memorandum provides a recommendation for updating the City's contract for the inspection of swimming pools and spas. BACKGROUND Since t991, the City of Dubuque Health Services Department has maintained an interagency agreement with the Iowa Department of Public Health to enforce the State swimming pool and spa inspection program consistent with the provisions of Chapter 6z~1- 15, lAC. We have maintained this agreement by performing the necessary duties to uphold it and by participating in annual audits by the Iowa Department of Public Health swimming pool/spa staff. The City chose to inspect not only public pools and spas within the city limits, but also in the county, since staff time allowed and it was cost prohibitive. We currently have two certified pool operators on staff who have also undergone specific training required for inspectors by the Iowa Department of Public Health. DISCUSSION Our existing contract is between the Iowa Department of Public Health and the City Board of Health. Swimming pool/spa agreements must go through local boards of health. Since the City dissolved its Board of Health, we must develop a new contract through the County Board of Health since the City wants to maintain this inspection program. Attached is a proposed contract between the Iowa Department of Public Health and the Dubuque County Board of Health. Aisc attached, is an interagency agreement between the Dubuque County Board of Health and the City of Dubuque. This interagency agreement basically details the duties of the inspecting agency and passes on the responsibility of the Board's contract with the Iowa Department of Public Health to the City of Dubuque Health Services Department. We do not anticipate any change in service. As always, if an enforcement proceeding involving the courts would be necessary in the county, we would work with the County Attorney. To date, we have not had to resort to these matters. Pool and spa owners have been compliant in correcting deficiencies since the rules and regulations provide for an effective means of enforcement without court action. Aisc attached, is a list of the pools and spas in the city and county. Currently, there are nine pools/spas in the county, and eighteen locations in the city of Dubuque. RECOMMENDATION It is recommended that the City Council approve the attached Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas. CITY COUNCIL ACTION The City Council authorize the City Manager to sign the agreement with the Dubuque County Board of Health for inspection of swimming pools and spas in Dubuque County. MRC/cj cc: Paul Buss, Director, Dubuque County Health Department INTERAGENCY AGREEMENT BETWEEN THE DUBUQUE COUNTY BOARD OF HEALTH AND THE CITY OF DUBUQUE This Agreement is made and entered into between the Dubuque County Board of Health (hereinafter referred to as Board) and the City of Dubuque (hereinafter referred to as City). 1. Authority. This agreement is entered into pursuant to the provisions of Iowa Code Chapter 28E and shall constitute the entire agreement between the Board and the City with respect to the inspection and enforcement of swimming pools and spas. Nothing in this agreement or its attachments shall be construed as limiting the power of the Board to inspect, enforce or to take any other actions necessary for the continued proper administration of rules and regulations relating to the swimming pool and spa program. If any provision contained herein is in conflict with any State, Federal or Local law or shall be declared to be invalid by any court of record of this State, such invalidity shall affect only such portions as are declared invalid or in conflict with the law, 2. Statement of Purpose: The purpose of this Agreement is to delegate the Board's inspection and enforcement authority with respect to swimming pool and spa operation, as specified in 1989 Iowa Code Supplement Chapter 135I and Chapters 641-15, IAC, and in the 28E Agreement with the Iowa Department of Public Health, and to specify the extent and manner of cooperation between the two agencies in conducting programs for the inspection and enforcement of rules relating to swimming pools and spas. 3. Duties. The duties of the parties are listed in Attachments A and B, which are hereby made a part of this agreement. 4. Period of Agreement. This agreement is valid from February 21, 2001 and shall continue unless terminated as stated herein. 5. Legal or Administrative Entity Created: No new legal or administrative entity is created by this agreement. 6. Manner of Financinq: The functions to be performed by the City under the provisions of this agreement, are to be financed by the City. The City shall collect registration fees pursuant to the Iowa Code 135I and 641-Chapter 15. Iowa Administrative Code. 7. Reportinq. The City shall provide the Board and the Iowa Department of Public Health with a report of its inspection and enforcement activity on a semi-annual basis, These reports are due at the Iowa Department of Public Health no later than: (I) July 10 for the 2nd calendar quarter, for the period January 1 thru June 30; (ii) January 10 for the 4th calendar quarter, for the period 1 July thru December 31. These semi-annual reports shall consist of: (I) The number of inspections conducted during the period. (ii) Number of pools/spas requiring enforcement action. (iii) Number of pools/spas closed. (iv) Number of pools/spas where legal action was required to eliminate deficiencies. 8. Termination: The Board or the City may terminate this agreement by providing to the other, party a written notice of intent to terminate this agreement, at least 30 days prior to the intended date of termination. The notice shall specify the reasons for termination, and shall be delivered via U,S. certified mail. Upon termination, the City shall transfer to the Board all inspection and enforcement records in its possession and all other documents generated as a result of this program not later than 30 days following the stated termination date. IN WITNESS WHEREOF, the Board and the City have executed two copies of this Agreement~ each shall be considered an original. CITY OF DUBUQUE DUBUQUE COUNTY BOARD OF HEALTH Michael C. Van Milligen City Manager Date Dr./ John Viner, Chair Dubuque County Board of Health Date A1-FACHMENT A DUTIES OF CITY OF DUBUQUE 1. Personnel. The City states that it has or will acquire alt personnel required for the performance of the work specified. The City shall continue to employ sufficient personnel to perform the services of this contract. 2. Compliance, Inspections and Monitorinq: The City has the primary responsibility for enforcing the rules relating to the inspection and enforcement of the swimming pool and spa programs (Chapters 15, IAC). Nothing in this agreement however, shall constitute (or be construed to constitute) a valid defense by regulated parties in violation of any local, state or federal statute, regulation or permit. The City may provide public information and consultation to the public and swimming pool and spa operators in addition to inspection services to eliminate or minimize potential health and safety problems. 3. Violations. Violation of the provisions of Chapters 15, Iowa Administrative Code and City of Dubuque Ordinance or Board Rules shall be addressed through the penalty for noncompliance provisions of the City of Dubuque ordinance or of any other applicable ordinance, resolution, rules and/or regulations. 4. Interqovernmental Cooperation: The City shall submit such information as the Board may require to show compliance with the swimming pool and spa program rules and the adequate implementation of the inspection and enforcement authority. A1-FACHMENT B DUTIES OF THE IOWA DEPARTMENT OF PUBLIC HEALTH 1. The Iowa Department of Public Health shall register all swimming pools and spas, provide for plan review and on-site inspections of new construction, conduct seminars and training sessions for operators, and disseminate information regarding health practices, safety measures, and operating procedures in accordance with 135I, the Iowa Code. 2. TraininQ of local insDectors: The Iowa Department of Public Health shall provide training for local inspectors and public information brochures to facilitate compliance with 135I, the Iowa Code. 3. Review of the City of Dubuque ProQram: The Iowa Department of Public Health shall annually provide for a certification inspection, which shall include a review of the rules, policies and procedures in the City of Dubuque program, and performance of local inspectors including on-site side by side inspections. The Iowa Department of Public Health shall advise City of its findings in writing. Follow-up shall be done on all deficiencies discovered in the City of Dubuque program. 4. Technical Assistance: The Department shall continue to provide technical information and consultation to the local program. 5. Compliance: The Iowa Department of Public Health will limit its involvement in compliance activities to audits and annual certification of the City of Dubuque program as well as review and comment on any proposed changes in the County's program unless: (I) The City specifically requests the Iowa Department of Public Health's involvement and the Iowa Department of Public Health agrees to accept responsibility: (ii) The Iowa Department of Public Health may initiate enforcement actions where specific City of Dubuque's program actions regarding a specific individual set of circumstances are determined by the Iowa Department of Public Health to not be timely or inappropriate. The Iowa Department of Public Health will, however, clearly state its position in writing and allow City of Dubuque 20 days to act prior to initiating any Iowa Department of Public Health enforcement actions: (iii) The Iowa Department of Public Health is enforcing the provisions of Rules 641-15.5 or 641-15.53(135I), IAC. 6. Interqovernmental Cooperation: In addition to the assistance and cooperation noted regarding specific issues above, the Iowa Department of Public Health will keep City of Dubuque informed of state and federal developments which may affect the swimming pool and spa program in the City of Dubuque. The Iowa Department of Public Health may also provide additional information requested by City of Dubuque in relation to the swimming pool and spa program, INTERAGENCY AGREEMENT BETWEEN IOWA DEPARTMENT OF PUBLIC HEALTH AND THE DUBUQUE COUNTY BOARD OF HEALTH This Agreement is made and entered into between the Iowa Department of Public Health (Department) and the Dubuque County Board of Health (Board of Health). 1. Authority: This Agreement is entered into pursuant to the provisions of Iowa Code Chapter 28E and Iowa Code 1351. This Agreement and attachments together with Chapters 641-15, Iowa Administrative Code (IAC), for as long as it remains in effect, shall constitute the entire Agreement between the Department and the Board of Health with respect to the inspection and enforcement of swimming pools and spas laws. Nothing in this Agreement or its attachments shall be construed as limiting the power of the Department to inspect, enforce or to take any other actions consistent with the provisions of Chapters 641-15, IA C, or any other roles established under Chapter 15, which the Department deems necessary for the continued proper administration of roles and regulations relating to swimming pools and spas. In the event ora breach by the Board of Health of a term or condition of this Agreement, such breach shall be considered by the Department to determine the effect of the breach on the remaining terms or conditions of this Agreement. If any provision contained herein is in conflict with any State, Federal or Local law or is declared to be invalid by any court of record of this State, such invalidity shall affect only such provisions as are declared invalid or in conflict with the law. Any remaining provisions shall continue to be in effect until the Department reviews this Agreement. 2. Statement of Purpose: The purpose of this Agreement is to delegate the Department's inspection and enforcement authority with respect to swimming pools and spas, as specified in Iowa Code Chapter 1351 and Chapters 641-15, IAC, and to specify the extent and manner of cooperation between the two agencies in conducting programs for the inspection and enforcement of rules relating to swimming pools and spas in the City of Dubuque and Dubuque County. Particular emphasis is placed on ensuring that the proposed Board of Health swimming pool and spa program meets or exceeds the minimum standards required by the Department. 3. Delegation: The Board of Health is authorized to enforce swimming pool and spa laws or roles and regulations, as long as this Agreement is in force. 4. Duties: The duties of the parties are set forth in Attachments A and B, which are hereby made a part of this Agreement. 5. Period of Agreement: This Agreement shall commence on February 1, 2001, and shall continue in perpetuity unless terminated as stated herein. This Agreement is subject to the annual review and certification of the local program. 6. Legal or Administrative Entity Created: No new legal or administrative entity is created by this Agreement. 7. Manner of Financing: The functions to be performed by the Board of Health, under the provisions of this Agreement, are to be financed by the Board of Health at no obligation to the state. The Board of Health shall collect inspection fees pursuant to Iowa Code Supplement 1351 and Chapter 15, Iowa Administrative Code. The Board of Health shall reimburse the Department for services which it provides including but not limited to, training, and local program certification and administrative costs associated with registration, data management and the development and dissemination of literature (see Attachment B). The Department shall bill the Board of Health on July 31 of each calendar year for the actual costs of services it provides for the previous calendar year. 8. Reporting: The Board of Health shall provide the Department with a report of its inspection and enforcement activity on a semi-annual basis. These reports are due at the Department offices in Des Moines no later than: (i) July 10, for the period January 1 thru June 30; (ii) January 10, for the period 1 July thru December 31. Semi-annual reports shall consist of: (i) The number of inspections conducted during the period. (ii) Number of pools/spas requiring enforcement action. (iii) Number of pools/spas closed. (iv) Number of pools/spas where legal action was required to eliminate deficiencies. 9. Termination: The Department or the Board of Health may terminate this Agreement by providing to the o/her party a written notice of intent to terminate this Agreement, at leasi 30 days prior to the intended date of termination. The notice shall specify the reasons for termination, and shall be delivered by U. S. certified mail. Upon termination, the Board of Health shall deliver to the Department all inspection and enforcement records in its possession and all other documents generated as a result of this Agreement not later than 30 days following the stated termination date at the following address: Iowa Department of Public Health Swimming Pool and Spa Program Lucas State Office Building Des Moines, Iowa 50319-0075 10. Filing and Recording: This Agreement shall be filed with the Secretary of State and recorded with the Polk County Recorder before it shall be in full force and effect, all pursuant to Iowa Code 28E.8. 1N WITNESS WHEREOF, the Department and the Board of Health have executed two copies of this Agreement, each of which shall be considered an original. Signature fft~x/,~.' ~v~ 0 Signature Date t/~, /01 Date DUBUQUE COUNTY BOARD OF HEALTH BOARD OF HEALTH IOWA DEPARTMENT OF PUBLIC HEALTH ATTACHMENT A DUTIES OF THE DUBUQUE COUNTY BOARD OF HEALTH 1. Personnel: The Board of Health states that it has or will acquire all personnel required for the performance of the work specified under this agreement pursuant to Rules 641-15.13 and 641- 15.61(1351), Iowa Administrative Code, LAC. The Board of Health is contracting with the Dubuque City Health Department to employ sufficient personnel to perform the services of this Agreement. Prior to the effective date of this agreement, the Board of Health shall submit the following to the Department: The names, titles, mailing address and phone numbers of the employees and/or agency that would be responsible for implementing the provisions of Chapters 641-15, Iowa Administrative Code in the City of Dubuque and Dubuque county. 2. Compliance, Inspections and Monitoring: The Board of Health has the primary responsibility for enforcing the roles relating to the inspection and enforcement of the swimming pool and spa programs (Chapters 15, IAC), in the City of Dubuque and Dubuque county as long as this Agreement is in force. Nothing in this Agreement, however, shall constitute or be construed to constitute a valid defense by regulated parties in violation of any local, state or federal statute, regulation or permit. The Board of Health may provide public information and consultation to the public and swimming pool and spa operators in addition to inspection services to eliminate or minimize potential health and safety problems. 3. Violations: Violation of the provisions of Chapters 15, Iowa Administrative Code shall be addressed through the penalty for noncompliance provisions of Chapter 15, Iowa Administrative Code or County ordinances or any other applicable ordinances, resolutions, roles and/or regulations. 4. Intergovernmental Cooperation: The Board of Health shall submit such information as the Department may require to show compliance with the swimming pool and spa programs rules and the adequate implementation of the inspection and enforcement authority delegated to the Board of Health. ATTACHMENT B DUTIES OF THE DEPARTMENT 1. The Department shall register all swimming pools and spas, provide for plan review and on site inspections of new construction, conduct seminars and training sessions for operators, and disseminate information regarding health practices, safety measures, and operating procedures in accordance with Iowa Code Chapter 135I. 2. Training of Local Inspectors: The Department shall provide training for local inspectors and public information brochures to facilitate compliance with Iowa Code Chapter 1351. 3. Review of the Dubuque County Board of Hcalth Program: The Department shall annually provide for a certification inspection, which shall include a review of the roles, policies and procedures in the Dubuque County Board of Health program, and performance of local inspectors including on site side by side inspections. The Department shall advise the Dubuque County Board of Health of its findings in writing. Follow-up shall be done on all deficiencies discovered in the Dubuque County Board of Health program. 4. Technical Assistance: The Department shall continue to provide technical information and consultation to the Board of Health. 5. Compliance: The Department will limit its involvement in compliance activities to audits and annual certification of the Dubuque County Board of Health program as well as review and comment on any proposed changes in the County's program unless: (i) The Dubuque County Board of Health specifically requests the Department's involvement and the Department agrees to accept responsibility; (ii) The Department may initiate enforcement actions where specific Dubuque County Board of Health's program actions regarding a specific individual set of circumstances are determined by the Department to not be timely or inappropriate. The Department will, however, clearly state its position in writing and allow the Dubuque County Board of Health 30 days to act prior to initiating any Department enforcement actions; or (iii) The Depamnent is enforcing the provisions of Rules 641-15.5 or 641-15.53(135I), lAC. 6. Intergovernmental Cooperation: In addition to the assistance and cooperation noted regarding specific issues above, the Department will keep the Dubuque County Board of Health informed of state and federal developments which may affect the swimming pool and spa program. The Department may also provide additional information requested by the Dubuque County Board of Health in relation to the swimming pool and spa program. CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Tentative Agreement Between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353 Personnel Manager Randy Peck is recommending approval of a negotiated agreement with the Dubuque Professional Firefighters Association, Local #353 for a three-year contract. The contract calls for a 3% across-the-board wage increase effective July 1, 2001, a 5.68% across- the-board wage increase effective July 1, 2002, and a 4.81% across-the-board ~vage increase effective July t, 2003. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Randy Peck, Personnel Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen City Manager Randy Peck ~)'10 Personnel Manager ~) Tentative Agreement Between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353 We have reached a tentative agreement with the Firefighters Association. The agreement is for a three (3) year period and the terms are summarized as follows: Effective July 1, 2001 · 3% across-the-board wage increase · Added language that determines how overtime will be distributed for special events · Added language that describes how the dress uniform will be provided Effective July 1, 2002 · 5.68% across-the-board wage increase Effective July 1, 2003 · 4.81% across-the-board wage increase. The tentative agreement is consistent with the wage guidelines for Fiscal Year 2002, Fiscal Year 2003 and Fiscal Year 2004-. This year, the parties approached collective bargaining using a process called "interest-based bargaining." This process focuses on interests rather than positions and is structured using a facilitator. The facilitation services were provided by the Iowa Public Employment Relations Board. The Firefighters Association has ratified the tentative agreement, I recommend that the tentative agreement be accepted. In order to implement the recommendation, I request that the attached Resolution be adopted. RESOLUTION NO. -01 ACCEPTING THE TENTATIVE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local #353 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local #353, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and tentative agreement has been reached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the tentative agreement be accepted and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this day of 2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk (Council\Resolution FirefightersAssoc 01) AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE PROFESSIONAL FIRE FIGHTERS ASSOCIATION LOCAL #353 JULY 1, 2001 through JUNE 30, 2004 PREAMBLE This Agreement is made and entered into this First day of July, 2001 by and between the City of Dubuque, Iowa (hereafter called the City) and the Dubuque Professional Firefighters' Association, Local #353 (hereafter called the Association) and between the City and the Association on behalf of the employees in the Bargaining Unit, recognized and described under "Recognition Provisions" of this Agreement, DUBUQUE PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL # 353 CONTRACT TABLE OF CONTENTS PREAMBLE ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ASSOCIATION PROVISIONS RECOGNITION ..................... PAGE 1 GENERAL CONDITIONS .............. PAGE 1 ASSOCIATION DUES CHECK- OFF ....... PAGE 2 COPIES OF CONTRACT ............... PAGE 3 NO STRIKE CLAUSE ................. PAGE 3 GRIEVANCE PROCEDURES ............ PAGE 3 REPRESENTATIVES AND NEGOTIATING COMMITTEE ....... PAGE 5 PERSONNEL FILES .................. PAGE 6 NON-DISCRIMINATION ............... PAGE 6 BULLETIN BOARDS ................. PAGE 6 WORK PROVISIONS HOURS OF WORK .................. PAGE 7 WAGE PLAN ...................... PAGE 8 LONGEVITY ...................... PAGE 10 EDUCATION PAY ................... PAGE 10 TEMPORARY ASSIGNMENT ........... PAGE 12 OVERTIME AND CALL-BACK .......... PAGE 12 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PAYDAY ...................... GROUPINSURANCE ................. UNIFORMS ...................... SENIORITY ...................... PAGE 14. PAGE 14. PAGE 16 PAGE 16 TRANSFER PRIVILEGES ............... PAGE 17 LEAVE PROVISIONS VACATIONS ...................... PAGE 18 CASUAL DAY ..................... PAGE 20 HOLIDAYS ...................... PAGE 21 EXCHANGING WORK SHIFTS .......... PAGE 22 SICK LEAVE ...................... PAGE 23 FUNERAL LEAVE ................... PAGE 25 JURY DUTY ...................... PAGE 27 LEAVES OF ABSENCE WITHOUT PAY ..... PAGE 28 ABSENCE WITHOUT LEAVE ........... PAGE 28 CONTINUITY PROVISIONS SAVINGS CLAUSE .................. PAGE 28 ENTIRE AGREEMENT AND WAIVER CLAUSE PAGE 29 DURATION AND NEGOTIATIONS ........ PAGE 30 Page 1 ARTICLE 1 RECOGNITION The City recognizes the DUBUQUE PROFESSIONAL FIRE FIGHTERS ASSOCIATION LOCAL 353 as certified by the PUBLIC EMPLOYMENT RELATIONS BOARD CASE NUMBER 520 dated December 10, 1975 as the exclusive bargaining representative for the following employees of the City of Dubuque: Firefighter, Fire Equipment Operator, Fire Lieutenant, Medical Officer, Fire Captain. ARTICLE 2 GENERAL CONDITIONS Public Employer Rights Public employers shall have, when not in conflict with other provisions of this Agreement, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty, and the right to: Direct the work of its public employees. Hire, promote, demote, transfer, assign and retain public employees in positions within the public agency. Suspend or discharge public employees for proper cause. Relieve public employees from duties because of lack of work or for other legitimate reasons. Maintain the efficiency of governmental operations. Determine and implement methods, means, assignments, and personnel by which the public employer's operations are to be conducted. Take such actions as may be necessary to carry out the mission of the public employer. initiate, prepare, certify and administer its budget. Exercise all powers and duties granted to the public employer by taw. Public Emolovee Rights Public employees shall have the right to: Page 2 1. Organize or form, join or assist any employee organization. 2. Negotiate collectively through representatives of their own choosing. Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the state. ,. Refuse to join or participate in the activities of employee organizations, including the payment of any dues, fees, or assessments or service fees of any type. Any disagreement involving the interpretation or application of this Article shall not be subject to the grievance procedure of this agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. ARTICLE 3 ASSOCIATION DUES CHECK-OFF During the term of this Agreement the City of Dubuque, Iowa, agrees, after receipt of a proper ~Authorization for Dues Check-off" card signed by the employee, to deduct the uniformly required dues as certified by the Financial Secretary of the Association. Such dues deducted will be transmitted by the City to the Financial Secretary of the Association. It is understood and agreed to by the City, the Association and the employee that the dues check-off authorization may be terminated by the employee at any time by giving thirty [30] days written notice. [Reference: Code of Iowa. Chapter 20 subsection 20.9 and Chapter 736.A Subsection 736.A5.} The City shall have no obligation to deduct dues from an Association member whose net pay for a payroll period, after all other deductions, is insufficient to cover the total authorized deductions for that payroll period. The Association agrees to indemnify the City and hold it harmless against all and any suits, claims, demands and liabilities for damages or penalties that may arise out of deduction of these dues. The Association further agrees to refund to the City any amounts paid to the Association in error. The Association shall reimburse the City for all costs associated with any substantial changes in the Association's dues structure. There shall be no costs charged for across- the- board adjustments in the amount of dues. Page 3 ARTICLE 4 COPIES OF CONTRACT The City will furnish twenty five [25] copies of the contract to the Association. ARTICLE 5 NO STRIKE CLAUSE It shall be unlawful for any public employee or any employee organization, directly or indirectly, to induce, instigate, encourage, authorize, ratify or participate in a strike against any public employer. It shall be unlawful for any public employer to authorize, consent to, or condone a strike, or to pay or agree to pay any public employee for any day in which the employee participates in a strike, or to pay any increase in compensation or benefits to any public employee in response to or as a result of any strike or act which violates the first paragraph of this Article. Any other provisions as stipulated in the Public Employment Relations Act. Chapter 20, Code of Iowa shall be applicable. ARTICLE 6 GRIEVANCE PROCEDURE A grievance shall be defined as a dispute or disagreement raised by an employee against the City involving the interpretation or application of certain provisions of this Agreement, except that any matter governed by Iowa Civil Service Law [Chapter 4-00. Code of Iowa] shall not be considered a grievance and subject to the grievance procedure. Any action or claim is within the jurisdiction of the Civil Service Commission to decide must be brought under Iowa Civil Service Law. The City is desirous of obtaining an equitable and prompt adjustment of grievances Page and grievances shall be settled orally whenever possible between the employee's supervisor and the aggrieved employee. The employee's supervisor shall be notified of the alleged grievance within ten [10] calendar days of the date the alleged grievance occurred. Failure of the employee to notify his/her supervisor within ten [10] calendar days of the date the alleged grievance occurred shalt constitute a withdrawal of the grievance. No grievance shall be construed as a continuing grievance. The City shall not be obligated to accept a written grievance until such grievance has been discussed orally with the aggrieved employee and his/her supervisor. Employees shall have the right to representation at any step of the grievance procedure. Steo 1 If the outcome of the oral discussion is not satisfactory to the employee, the employee may submit a written statement of the grievance to the Fire Chief within five [5] calendar days after receipt of the oral response. The Fire Chief shall respond in writing within five [5] calendar days after receipt of the written grievance. Step 2 If the grievance remains unsolved on the basis of the decision of the Fire Chief, the employee may present the grievance in writing to the City Manager, together with a copy of the reply from the Fire Chief, within five [5] calendar days after the Fire Chief's response is due. The City Manager, or designated representative, shall convene a hearing within ten [10] calendar days following receipt of the appeal. The employee and his/her representative and representatives selected by the City shall have the right to present information necessary to assist the City Manager, or designated representative, in reaching a decision on the grievance. A decision shall be issued within fifteen [15] calendar days following completion of the hearing. Step 3 If the grievance is not settled in step 2, within twenty [20] calendar days after receiving the City's written answer, either party may submit the grievance to arbitration. The invoking of arbitration by the Association shall require approval of the Association and approval of the aggrieved employee. The parties shall attempt to select an arbitrator as soon as practical after receipt of a request for arbitration. If the parties do not agree upon the selection of an Page 5 arbitrator within fifteen [15] calendar days after receipt of the request for arbitration, the Federal Mediation and Conciliation service shall be requested to furnish a list of five [5] arbitrators. A flip of the coin shall determine which party shall be the first to strike a name on the list. The other party shall then strike one [1] name. The process shall be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator, within the scope of his/her authority, shall be final and binding on both parties to this Agreement. The arbitrator shall not have the power to add to, subtract from, or change any of the provisions of this agreement. Nor shall he/she have authority to rule on matters of law or to render any decision which conflicts with any law, rule or regulation binding upon the City. The arbitrator shall not have power to accept or to decide any disagreement which involves a matter within the jurisdiction of the Civil Service Commission [Chapter 400. Code of Iowa]. The fees and expenses of the arbitrator shall be shared equally by the City and the Association. However, each party shall be responsible for compensating their own witnesses and representatives as well as paying for transcripts of the proceeding. Awards shall not be retroactive beyond the date of the occurrence. Association representatives, When processing step 1 and step 2 of the grievance procedure shall be permitted to leave work after receiving approval from their supervisor and shall suffer no loss of their straight time rate of pay but shall not be eligible for overtime pay or any other type of premium pay. The city shall not be responsible for paying an employee as a result of his/her participation in arbitration or Civil Service Proceedings. The time specified for each step of the grievance procedure may be extended by mutual agreement. All time limits shall exclude Saturdays, Sundays, and Holidays. If an answer to a grievance is not given to the employee by the City within any of the time limits specified in this Article, the grievance may be appealed to the next step of the grievance procedure. Failure of the employee or the Association to comply with any time limitations shall constitute a withdrawal of the grievance. ARTICLE 7 REPRESENTATIVES AND NEGOTIATING COMMITTEE The Association shall provide the City with a list of representatives by name, position and area which each representative serves [if a member of the Grievance Page 6 Committee]. Changes in this list shall be furnished to the City promptly. The City need not recognize any Association representative of whom it has not been informed. Members of the Negotiating Committee shall be paid their regular rate of pay when they participate in negotiating meetings during their regular scheduled work day. The number of employees eligible for payment shall be limited to four [4]. No payment shall be made to any employee when he/she negotiates outside of his/her regular work hours. ARTICLE 8 PERSONNEL FILES Under the supervision of the Personnel Office, employees shall have free access to their personnel files maintained by the Personnel Office. ARTICLE 9 NONDISCRIMINATION Complaints involving an allegation of discrimination may be filed with the appropriate agency but shall not be a proper subject for the Grievance Procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of There shall be no discrimination against any employee in the bargaining unit by either party to this agreement because of mental or physical disability, age, sex, marital status, race, color, religion, national origin, or political affiliation. ARTICLE 10 BULLETIN BOARDS The City shall provide space on bulletin boards, or allow the Association to maintain their own bulletin boards, at all Fire Stations, for the posting of Association notices on elections, appointments, meetings, recreational and social Page 7 affairs. Prior to the posting of any other notice, said notice must be authorized by the President of the Association and shall be submitted to the Fire Chief, or his/her designated representative, who shall approve or disapprove the posting of said notice. ARTICLE 11 HOURS OF WORK A. The hours of work for employees assigned to the Firefighting Division and employees assigned to the Ambulance division shall be twenty-four [24] hour days for an average of a fifty-six [56] hour week. B. All other employees shall be scheduled to work a forty [40] hour week. C. Firefiqhting Division and Ambulance Division Three [3] platoons shall work an average of fifty-six [56] hours per week in the following fashion: Each shift shall work three [3] alternate twenty-four [24] hour days followed by ninety-six [96] hours off duty. D. Fire Prevention Bureau and Training Officers Employees shall work five [5] eight [8] hour days. Page 8 ARTICLE 1 2 WAGE PLAN The following salary schedules shall represent the regular [straight time or base] rate of pay for positions covered by this agreement: Position Salary Step Step Step Step Step Step Classification Grade A 8 C D E F Bi-Weekly Rates - Effective 07/01/2001 through 6/30/2002 Firefighter F-01 $1,219.49 $1,320.65 ~1,355.69 $1,434.50 Fire Equipment F-02 $1,401.81 $1,437.89 $1,473.94 $1,512.11 Operator Ambulance F-03 $1,479.42 ~1,515.49 ~1,551.54 91,589.71 Medical Officer Fire Lieutenant F-04 $1,515.49 ,~1,551.54 $1,589.71 Fire Captain F-05 ~1,593.08 91,629.14 ~1,667.30 Position Salary Step Step Step Step Step Step Classification Grade A B C D E F Bi-Weekly Rates - Effective 07/01/2002 through 6/3012003 Firefighter F-01 ~1,288.76 ~1,395.66 91,432.69 ~1,515.98 Fire Equipment F-02 $1,481.43 $1,519.56 91,557.66 ~1,598.00 Operator Ambulance F-03 91,563.45 $1,601.57 91,639.67 ~1,680.01 Medical Officer Fire Lieutenant F-04 $1,601.57 91,639.67 ~1,680.01 Fire Captain F-05 ~1,683.57 91,721.68 ~1,762.00 Page 9 Position Salary Step Step Step Step Step Step Classification Grade A B C D E F Bi-Weekly Rates - Effective 07/01/2003 through 6/30/2004 Firefighter F-01 $1,350.75 $1,462.79 $1,501.60 $1,588.90 Fire Equipment F-02 91,552.69 $1,592.65 $1,632.58 91,674.86 Operator Ambulance F-03 ¢1,638.65 ¢1,678.61 ¢1,718.54 $1,760.82 Medical Officer Fire Lieutenant F-04 ¢1,678.61 ¢1,718.54 91,760.82 Fire Captain F-05 ¢1,764.55 ¢1,804.49 91,846.75 Generally, the minimum pay step in the salary range established for a position shall be applicable upon appointment to a position in the bargaining unit. Upon promotion an employee shall be placed in the first step of the salary range established for the position, except in cases where the increase to the first step would be less than a one [1] step increase. Under such circumstances the promoted employee shall be placed in a step in the new salary range that would provide at least a one [1] step increase. If an employee is promoted to or enters the City service at the lowest step in the salary range established for the position, the employee's performance shall be evaluated after six [6] months and, if satisfactory, said employee shall be advanced to the next step in the salary range. If an employee is promoted to or enters the City service at a step other than the lowest step in the salary range established for the position, the employee's performance shall be evaluated after twelve [1 2] months and, if satisfactory, said employee shall be advanced to the next step. Advancements to succeeding pay steps in the salary range established for the position shall be based upon a satisfactory performance evaluation. An employee who consistently meets and exceeds performance standards established for a position is eligible for a one [1] step performance advancement. Employees are eligible for performance advancements at twelve [1 2] month intervals until they obtain the maximum step in the salary range established for that position. Page 10 ARTICLE 1 3 LONGEVITY Section 1 Longevity pay shall mean a percentage of salary based on the length of continuous service paid each payday to employees in addition to their base wage or salary. Section 2 Regular employees performing satisfactorily for a continuous period of five [5] years shall be advanced in pay on their anniversary date of hire by one percent [1%] of their base pay. After [10] years of continuous service, incumbents shall be advanced in pay by two percent [2%] of their base pay. After fifteen [15] years of continuous service, incumbents shall be advanced in pay by three [3%] percent of their base pay. After twenty [20] years of continuous service, incumbents shall be advanced in pay by four [4%] of their base pay. After twenty-five [25] years of service, incumbents shall be advanced in pay by seven [7%] percent of their base pay. Section 3 Continuous service shall mean service with the City uninterrupted by resignation, discharge or personal leave of absence without pay exceeding sixty [60] days in the preceding twelve [12] months. ARTICLE 14. EDUCATION PAY Section 1 An employee in the classification of Firefighter (appointed on or before December 31, 1996) who is certified in any of the following categories shall receive payment in accordance with the following schedule: Page 11 CERTIFICATION LEVEL PAYMENT EMT-B [24] $20.00 per month [for up to twenty-four consecutive months] Advanced EMT-I $40.00 per month [for up to eighteen [18] consecutive months] EMT-Paramedic ~105.00 per month In the event an employee in the classification of Firefighter (appointed on or before December 31, 1996) fails to renew a certification when due, he/she shall forfeit the additional payment until such time as recertification is obtained. An employee in the classification of Firefighter (appointed on or before December 31, 1996) who fails to obtain certification as an Advanced EMT-I within twenty-four [24] consecutive months following certification as an EMT-B shall receive fifteen [$15] dollars per month provided he/she maintains an EMT-B certification. An employee in the classification of Firefighter (appointed on or before December 31, 1996) who fails to obtain certification as an EMT-Paramedic within eighteen [18] consecutive months following certification as an Advanced EMT-I shall receive thirty [$30] per month provided he/she maintains an Advanced EMT-I certification. Employees in the classification of firefighter who are appointed on or after January 1, 1997, shall receive payment in the amount of $1 05 per month for EMT- Paramedic certification. Payments for Emergency Medical Training certification shall not be cumulative and shall not be included in the regular [straight time or base] rate of pay or in the calculation of premium payments or fringe benefits. Payment for Emergency Medical Training certifications shall commence at the beginning of the first pay period following receipt of the state certification card. An employee in the classification of Fire Equipment Operator, Fire Lieutenant or Fire Captain who is certified as an EMT-Paramedic shall receive payment in the amount of thirty [~30] per month. In the event an employee in the classification of Fire Equipment Operator, Fire Lieutenant or Fire Captain fails to renew the certification when it is due, he/she shall forfeit the additional payment until such time as recertification is obtained. In the event the City discontinues the ambulance service, the terms of this Section shall become null and void on the date ambulance service is discontinued. Page 12 Section 2 Effective July 1, 2000, employees who possess an Associates Degree in Fire Science from an accredited college or university shall receive payment in the amount of 8105 per month. In order to verify eligibility for this payment, employees must provide a certified transcript from the college or university that awarded the Fire Science degree. ARTICLE 15 TEMPORARY ASSIGNMENT Effective July 1, 2001 an employee shall receive 914.30 for each full workday [24 consecutive work hours] in which he/she is temporarily assigned to work in a higher job classification in the bargaining unit. Effective July 1, 2002, an employee shall receive 815.1 l for each full workday (24 consecutive work hours) in which he/she is temporarily assigned to work in a higher job classification in the bargaining unit. Effective July 1, 2003, an employee shall receive 815.84 for each full work day (24 consecutive work hours) in which he/she is temporarily assigned to work in a higher job classification in the bargaining unit. This amount (815.84) shall be increased in the next contract year by the percentage increase, if any, in the Wage Plan. The employee shall receive the additional payment only while he/she is working in the higher job classification. ARTICLE 16 OVERTIME AND CALLBACK Section 1 One and one-half [1 ~/2] times the employee's regular rate of pay shall be paid for all hours worked in excess of an employee's regular work schedule. The regular [straight time or base] rate of pay for employees assigned to a forty [40] hour work week shall be based upon two thousand eighty [2080] hours per year. The regular [straight time or base] rate of pay for employees assigned to a fifty six [56] hour work week shall be based on two thousand nine hundred twelve [2,912] hours per year. Page 13 Section 2 Opportunities to work overtime shall be distributed as equally and reasonably as possible among employees. Employee's names shall be listed on an overtime roster by last day worked or refused. The procedure for distributing overtime and any modifications to the procedure shall be subject to the approval of the City and the Association. When an employee's name reaches the top of the overtime roster and he/she is called to work, the employee shall report for work unless excused by the Fire Chief or designee. Overtime shall not be voluntary. The decision and reasons therefor of the Fire Chief or designee to require an employee to report for overtime work shall not be a proper subject for the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. Section 3 Compensation shall not be paid more than once for the same hours of work under any provisions of this Article or Agreement. At the discretion of the department manager, employees assigned to the Fire Marshal's Office who work a forty (40) hour work week and who are eligible to receive overtime may be granted time off in order to compensate for and in lieu of overtime payment. Section An employee, having left the premises after a regular shift, and recalled for additional work shall receive not less than two [2] hours straight time pay, When such work merges with the employees regular day, this provision does not apply. Section 5 Any overtime that is a result of special events will be filled off of a Special Event overtime list. The Association will administer the procedure for distributing overtime from this list. It is understood that the Fire Chief or designee shall reserve the right to determine the number and qualifications of the employees needed for each event. ARTICLE 17 PAYDAY Payday shall be every other Friday. If the payday is an observed holiday, the payday shall be the day before the holiday. Page 14 ARTICLE 18 GROUPINSURANCE Section 1 HEALTH INSURANCE The City shall pay the full cost of the employee's personal premium and the dependent premium provided the employee is enrolled in the Cities designated health insurance plan. Employees who elect to enroll in the health maintenance organization, preferred provider organization or similar form of health insurance plan shall reimburse the City in an amount equal to the difference in the cost between the health maintenance organization, preferred provider organization or similar insurance plan and the Cities designated health insurance plan. Employees who are actively at work are eligible for this insurance the first of the month following the completion of thirty [30] days of continuous service in a full time position. [Example: Date of employment - August 12. Effective date of coverage - October 1.] Section 2 LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT/DISABILITY INCOME PROTECTION INSURANCE The City shall pay the full cost of a life insurance, accidental death and dismemberment and disability income protection insurance for employees covered by this Agreement. Employees are eligible for coverage the first of the month following the completion of thirty [30] days continuous service in a full-time position. Section 3 DENTAL INSURANCE The City shall pay the full cost of the employee's personal premium for this insurance. Page 15 Employees are eligible for coverage the first of the month following completion of thirty [30] days of continuous service in a full - time position. Section Specific benefits of each aspect of the group insurance plan are set forth in master agreements which shall in all cases be the determining factor as to the eligibility and amounts of coverage extended to each employee. Any disagreement regarding the interpretation or application of specific provisions of the insurance master agreements shall not be a subject for the grievance procedure of this agreement or the appeal procedure set forth in Chapter 400, Code of iowa. The City shall retain the right to change insurance carriers or change the method in which insurance is provided, at any time, and such action by the City and the reason[s] therefor shall not be subject to the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of iowa. In the event the City chooses to change insurance carriers or change the method in which insurance is provided, efforts shall be made to maintain coverages similar to what is being provided. Section 5 Except as otherwise provided by law and by this Agreement, the City shall continue to pay its portion of the group insurance premium for up to fourteen [14] months from the day an employee is absent due to illness or injury, or until the employee is granted a pension, whichever comes first. However, in no event will the City pay its portion of the group insurance premium for a period longer then the employee's length of continuous service in a full-time position Section 6 An employee may elect to continue group insurance coverages while on a leave of absence without pay. During a leave of absence without pay in excess of thirty [30] calendar days the employee shall be responsible for paying the full cost of all group insurance premiums, with the exception of a leave of absence without pay granted in accordance with the Family and Medical Leave Act of 1993. Section 7 Whenever a covered employee is discharged, laid-off, resigns, retires or dies, the City shall discontinue payment of all insurance premiums. Insurance benefits for dependents terminate when the dependent ceases to be eligible as a dependent or when the employee withdraws the authorization for dependent insurance coverage. In compliance with applicable Federal and State Laws, employees and Page 16 their eligible dependents are entitled to continue their health insurance coverage after termination of employment at their expense. Request for continuation of health insurance benefits must be made in writing to the Personnel Office. Section 8 The City will provide IRS Section 125 Flexible Spending Accounts for medical, dental and dependent care expenses. ARTICLE 19 UNIFORMS Section 1 A new firefighter will receive the required work uniforms, boots and bunker trousers on reporting for duty. The work uniforms will consist of three (3) pairs of trousers, six (6) shirts, and work jacket. All firefighters receive a coat, fire helmet, pair of fire boots, bunker trousers, gloves, fire hood, and replacements as needed. The city will purchase and maintain, dress coats, and hats in assorted sizes. These coats and hats will be the property of the city of Dubuque and will be worn by the employees when the need arises. Section 2 After the first year of service employees will receive a four hundred dollar (9400.00) yearly cash allowance for maintenance and replacement of the uniform. Payment will be made in the amount of two hundred dollars (9200.00) in June and December of each year. Section 1 ARTICLE 20 SENIORITY All employees shall serve a trial period of twelve (12) months. After completing twelve (12) months of continuous service in a full-time position, the employee Page 17 shall have established seniority and the employee's seniority date shall be retroactive to the most recent date of employment in a full-time position. For purposes of computing benefits, length of continuous service shall relate to an employee's most recent date of employment in a full-time position. For purposes of the Agreement, the term employees shall mean full-time employee. An employee may be laid off or discharged any time prior to the end of the trial period and such discharge or lay off shall not be subject to the grievance procedure of the Agreement or the appeal procedure set forth in Chapter 4-00, Code of Iowa. The Association shall not assert or present any grievance or appeal on behalf of any employee because of any matter or occurrence whatsoever falling within the trial period. Section 2 Layoff and seniority rights for Civil Service employees shall be administered in accordance with Chapter 400, Code of Iowa. During layoff, The employee shall not accrue or receive any privileges, benefits or pay granted by this Agreement. Section 3 An employee's seniority and employment relationship with the City shall be broken and terminated for the following reasons: Resignation Discharge Death Retirement If, after a layoff, the employee fails to report to work within five [5] work days after being notified to report to work, ARTICLE 21 TRANSFER PRIVILEGES An employee seeking a transfer to another station and/or shift shall file a transfer request with the Fire Chief. Such a request shall be in writing and specify the station and/or shift to which the transfer is requested. All vacated positions shall be posted for five [5] calendar days in order that employees may request a transfer to fill the posted vacancy. Other vacancies which might arise as a result thereof shall be made available, but only the initial vacancy must be posted. Seniority in the classification will be the principle factor Page 18 if more than one transfer bid is submitted for the same vacancy. Approval or disapproval of such a request shall be at the sole discretion of the Fire Chief. An employee who has been denied a request for a transfer may request from the Fire Chief a written explanation as to the reason[s] for denial. Denial of a transfer request or the reason[s] for denial shall not be a subject for the grievance procedure. ARTICLE 22 VACATIONS Section 1 After an employee working a fifty-six [56] hour work week schedule has one [1 ] year or more seniority, the employee shall be eligible to receive three [3] working days vacation in each calendar year. After an employee has completed three [3] years or more seniority the employee shall be eligible to receive six [6] working days vacation in each calendar year. After an employee has completed seven [7] years or more seniority the employee shall be eligible to receive eight [8] working days vacation in each calendar year. After an employee has completed fourteen [14] years or more seniority the employee shall be eligible to receive ten [10] working days vacation in each calendar year. After an employee has completed twenty-one [21 ] years or more seniority the employee shall be eligible to receive twelve [12] working days vacation in each calendar year. After an employee working a standard eight [8] hour day, forty [40] hour work week schedule has one [1 ] year or more seniority the employee shall be eligible to receive one week paid vacation at forty [40] hours straight time in each calendar year. After an employee has completed three [3] years or more seniority the employee shall be eligible to receive two [2] weeks paid vacation at eighty [80] hours straight time pay in each calendar year. After an employee has completed seven [7] years or more years seniority the employee shall be eligible to receive three [3] weeks paid vacation at one hundred twenty [120] hours straight time pay in each calendar year. After an employee has completed fourteen [14] years or more years seniority the employee shall be eligible to receive four [4] weeks paid vacation at one hundred sixty [160] hours straight time pay in each calendar year. After an employee has completed twenty-one [21] years or more seniority the employee shall be eligible to receive five [5] weeks paid vacation at two hundred [200] hours straight time pay in each calendar year. Page 19 Section 2 It is agreed that vacations are earned during the year of service preceding that year in which the vacation is taken. An employee who is on Approved Leave of Absence due to injury or illness, not service connected, shall continue to accrue vacation credit for a period not to exceed sixty [60] calendar days followirig the month of injury or illness. Section 3 The vacation anniversary date of an employee shall be the same as the seniority date of the employee. Earned vacations must be taken within the twelve [12] month period immediately following the anniversary date of the vacation. Vacation time is not accumulated from year to year: therefore, under no circumstances will vacations be requested, scheduled or permitted to run consecutively. In the event a holiday falls during the vacation of an employee working a standard eight [8] hour day, forty [40] hour week, the holiday shall not be charged as vacation. Section Employees who have completed twelve [12] months or more of continuous service and who are laid-off, resign., or enter military service [provided the City is given two [2] weeks notice in the event of a resignation or a military leave of absence] shall receive vacation pay prorated to the last day worked. Section 5 An employee who has incurred an injury on duty just previous to his/her vacation and is unable to return to work until after his/her regularly scheduled vacation period shall be eligible to have his/her vacation period rescheduled at a time designated by the Fire Chief. Section 6 The Fire Chief shall approve all vacations and the number of employees allowed off at any one time shall be at the sole discretion of the Fire Chief. Denial of a Page 20 requested date for vacation or the reason[s] therefor shall not be a proper subject for Step 3 of the grievance procedure of this Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. ARTICLE 23 CASUAL DAY Item 1 - Consideration To afford employees one [1] day with pay, not to be deducted from sick leave accumulation, to be scheduled by the Fire Chief. Approving or disapproving the employee's requested date for this casual day will be at the sole discretion of the Fire Chief or his/her authorized representative. The Association recognizes that approval or disapproval of a specific day must consider the efficient level of service due the general public. Item 2 - Conditions The one [1] casual day with pay must be requested, scheduled and approved by the Fire Chief within the contract period each year. A new employee must have worked at least four [4] full calendar months of the probationary period before December 15 in order to be eligible for a casual day in the contract period. In the event an emergency situation arises while an employee is on vacation, and such employee has not used the casual day, upon written or telephone request and approval, the casual day may be used to extend the vacation period one [1] day. Under no circumstances will pay be requested or approved in lieu of the casual day off with pay. Once a date has been approved for an employee as a casual day it should not be rescheduled except under the most extenuating circumstances: however, it is understood and agreed that an employee may request to take his/her casual day at a time other then the scheduled day provided that the Page 21 employee request said day on the employee's preceding work day before 8:00 p.m. It is reserved that the Fire Chief or his/her representative may grant or deny the request for the unscheduled casual day. In the event that two [2] or more employees request the same unscheduled casual day off and the Fire Chief or his/her representative determine that a casual day may be taken, seniority shall be the determining factor as to which employee may take the requested day. ARTICLE 24 HOLIDAYS Section 1 The following calendar days of the year shall be considered as holidays insofar as the administration of City business is concerned. When the term "Holiday" is used it shall be construed to mean the following days: B. C. D. E. F. G. H. I. J. New Year's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve January First Last Monday in May July Fourth First Monday in September November Eleventh Fourth Thursday in November Friday following Thanksgiving Day December twenty-fourth December twenty-fifth December thirty-first Section 2 An employee shall forfeit the right to payment for a holiday if scheduled to work the holiday and does not report or if absent from work the last scheduled workday preceding and/or the first scheduled workday following the holiday, unless excused by the City for the following reasons: B. C. D. E. Formal leave of absence Job incurred injury Funeral leave Subpoena as a witness Excused in writing at sole discretion of the Fire Chief; excludes casual day Page 22 Non-job incurred injury or illness of less than two [2] months duration with proper doctor's documentation. Section 3 Employees working a fifty-six [56] hour work week and who are eligible to receive holiday pay shall be granted eight [8] hours pay for each holiday in lieu of time off. Employees working a forty [40] hour work week and who are eligible to receive holiday pay shall be given the holiday off with pay. For purposes of computing holiday pay only the hourly rate of pay for employees who work a fifty-six [56] hour work week is computed as follows: Annual Base Salary 2,080 Section 4- For employees who are given a holiday off with pay, if their holiday falls on Sunday, the following day shall be the recognized holiday. If the holiday falls on Saturday, the preceding day shall be the recognized holiday. ARTICLE 25 EXCHANGING WORK SHIFTS The City may permit employees to exchange work shifts provided: A. The substitution does not impose any additional cost to the City. B. The City is not held responsible for enforcing any agreement between the employees. C. The exchange is not for the purpose of engaging in outside employment. D. The Fire Chief and officers in charge of the respective shifts approve the exchange. An employee who has been denied a request to exchange a work shift may request from the Fire Chief a written explanation as to the reason[s] for denial. Denial of a request or the reasons for denial shall not be subject to Step 3 of the grievance procedure of this Agreement. Page 23 ARTICLE 26 SICK LEAVE Section 1 It is the purpose of this sick leave provision to protect the employee from financial loss during an absence from work on account of illness or injury. Section 2 Employees shall be granted sick leave with pay for any of the following reasons: Personal illness or injury, not incurred on the job, which renders such employee unable to perform the duties of his/her position. Emergency medical and dental appointments of the employee. Enforced medical quarantine of the employee. Life threatening illness or serious injury of an emergency nature of members of the employee's immediate family provided the family member is a legal dependent of the employee. Said absence is limited to the duration of the emergency and shall be approved by the Fire Chief. An employee who incurs an injury or illness while engaged by another employer or doing contract work for pay shall not be entitled to sick leave benefits. Section 3. Sick leave shall be administered as follows: Except as otherwise provided in this section, alt absences from work chargeable to sick leave shall be reported to the employee's supervisor at least thirty [30] minutes prior to the start of work on the day of absence. Failure to do so shall result in the loss of sick leave payment. It is the responsibility of the employee to keep his/her supervisor informed each work day of absence chargeable to sick leave, except and unless the employee presents a certificate signed by a physician which states that the employee will be incapacitated for work for a specified period of time. Employees shall not receive compensation by reason of sick leave benefits until they have completed and returned to their supervisor a sick leave request form. The City reserves the right at any time to require proof of illness or Page 24 injury. Proof of illness or injury shall include, but is not limited to, a certificate signed by a physician which states the extent and nature of the illness or injury and states that the employee was incapacitated for work for the period of his/her absence. The statement shall also indicate that the employee is physically able to perform the essential functions of his/her position. Failure to provide a physicians certificate containing the above information shall result in the loss of sick leave payment. The cost of said certificate shall be borne by the employee. The City may require at any time a medical examination, performed by a physician selected by the City, to determine the eligibility of an employee to remain on sick leave or return to work or when, in the judgment of the City, an employee's physical or mental condition is adversely affecting his/her ability to perform the essential functions of his/her position, or is endangering the employee's health and safety and/or the health and safety of others. Failure of an employee to submit to a medical examination shall be cause for disciplinary action. Said examination shall be paid by the City. Abuse of sick leave or fraudulent use of sick leave shall be cause for disciplinary action. Section 4. Except as otherwise provided in this section, employees shall accrue sick leave at the rate of one [1] day per month of continuous service [3.6923 hours bi-weekly for employees working a forty [4-0] hour work week and 5.5384 hours bi-weekly for employees working a fifty-six [56] hour work week. The term "month" as used in this section shall mean calendar month. A sick leave day for employees working a forty [40] hour work week shall equal eight [8] hours. A sick leave day for employees working a fifty-six [56] hour work week shall equal twelve [12] hours. Employees shall start to accrue sick leave from their date of appointment to a full-time position and shall be eligible for sick leave after thirty [30] days of continuous service. Sick leave shall be paid to employees at their regular rate of pay. Sick leave shall be charged as follows: Employees working a forty (40) hour work week shall be charged one [1 ] sick leave day, eight [8] hours for every work day [eight [8] hours] off duty. Employees working a fifty-six [56] hour work week shall be charged two [2] sick leave days, [twenty-four (24) hours] for every work day [twenty-four (24) hours] off duty. It is understood that sick leave shall not be paid to employees who are on their regular day off. Pa~e 25 Employees who are on a leave due to a non-job related injury or illness shall accrue sick leave for a period not to exceed sixty [60] calendar days following the date of injury or illness. Section 5 Any unused portion of sick leave shall accumulate from fiscal year to fiscal year to a maximum of one hundred thirty two [132] work days. Accrual of sick leave shall terminate upon discharge, resignation, retirement, lay-off or death of the employee. Section 6 Upon retirement, employees shall be paid for fifty percent [50%] of accumulated sick days over forty-five [45] . Example: 105 6O x50% 3O sick days [accumulated sick days atretirement sick days sick days sick days x the regular rate of pay The regular rate of pay for employees assigned to a forty [40] hour work week shall be based upon two thousand eighty [2,080] hours per year and one [1] sick day shall equal eight [8] hours. The regular rate of pay for employees assigned to a fifty-six [56] hour work week shall be based on two thousand nine hundred twelve [2,912] hours per year and one sick day shall equal twelve [12] hours. In order to be eligible for such payment, an employee must have completed at least twenty [20] years of continuous service in a full time position in City employment or retired as a result of a disability. ARTICLE 27 FUNERAL LEAVE All regular and full time employees shall be granted upon request, time off with pay for such periods of time as set forth below: Eight [8] Hour Work Day Schedule A. Death of an employees spouse Page 26 Seven [7] calendar days with a maximum of five [5] working days pay. Death of an employees child or step-child Three [3] scheduled working days. Death of other members of an employees immediate family Relationships which are considered as other members of the employee's family are: mother, father, mother-in-law, father-in-law, sister, sister-in- law, brother, brother-in-law, grandfather, grandmother, grandchild. In the event the employee is the person responsible for making arrangements for the funeral and attending same, a period of time from when death occurs until the day following the funeral but not to exceed three [3] scheduled working days with pay. In the event the employee is not the person responsible for making arrangements for the funeral, one [1] scheduled working day will be allowed to attend the funeral providing the funeral service falls on a scheduled working day of the employee. Special Provision it is recognized that a death of a person other than the relationships listed above could warrant consideration for some paid funeral leave. In this event, the employee should make the situation known to the Fire Chief. The Fire Chief may exercise administrative approval consistent with the intent of this funeral leave provision. The Fire Chief will document administrative approval by written notice to the Personnel Office. Twenty-four [24] Hour Work Day Schedule A. Death of an employees spouse Seven [7] calendar work days with a maximum of three [3] working days with pay. B.. Death of an employees child or step-child Five [5] calendar days with a maximum of three [3] working days with pay. Death of other members of an employees immediate family Page 27 Relationships which are considered as other members of the employees family are: mother, father, mother-in-law, father-in-law, sister, sister-in-law, brother, brother-in-law, grandfather, grandmother, grandchild. In the event the employee is the person responsible for making arrangements for the funeral and attending same, a period of time from when death occurs until the day following the funeral but not to exceed three [3] scheduled working days with pay. In the event the employee is not the person responsible for making arrangements for the funeral, one [1] scheduled working day will be allowed to attend the funeral providing the funeral service falls on a scheduled working day of the employee· Special Provision It is recognized that a death of a person other than the relationships listed above could warrant consideration for some paid funeral leave. In this event, the employee should make the situation known to the Fire Chief· The Fire Chief may exercise administrative approval consistent with the intent of this funeral leave provision. The Fire Chief will document administrative approval by written notice to the Personnel Office. E. Wake Provision Upon approval of the Fire Chief, employees may be granted up to three [3] hours with pay to attend the wake services of a member of the employees immediate family as defined in Section C of this Article· ARTICLE 28 JURY DUTY Employees required to report for jury duty shall be paid the difference, if any, between the compensation received for jury duty and their regular wage for each day of jury duty. Expense reimbursement received by the employee shall not be deducted from the employee's regular wage. Normally this is processed by having the employee submit his/her jury duty compensation, excluding expense reimbursement, to the finance office in exchange for the employee's paycheck. Page 28 An employee who reports for jury duty and is excused shall report immediately to his/her supervisor. ARTICLE 29 LEAVES OF ABSENCE WITHOUT PAY A leave of absence without pay may be granted by the City Manager upon the recommendation of the Fire Chief. An employee desiring a leave of absence without pay shall submit a request in writing stating the reason[s] for the desired leave, the date when the leave is to begin, and the date of return to duty. Failure to return to work at the end of the leave shall constitute just cause for dismissal. It is understood that leaves of absence shall not be used for the purpose of accepting employment elsewhere, An employee accepting such employment shall be terminated. An employee granted a leave of absence without pay, upon completion of said leave, shall be returned to the same position and the same pay step within the pay grade corresponding to the classification occupied at the time the leave began. Except as provided in the Family and Medical Leave Act of 1993, during a leave of absence without pay, the employee shall continue to accrue seniority, but will not accrue or receive any other privileges, benefits or pay granted by this Agreement. ARTICLE 30 ABSENCE WITHOUT LEAVE If an employee is absent from work without proper authorization for part or all of a work day, such absence shall be without pay and shall be grounds for disciplinary action. Absence without authorization for a period of two [2] consecutive work days shall be regarded as a resignation. ARTICLE 31 SAVINGS CLAUSE Should any article, section or portion thereof of this Agreement be restrained or held unlawful and unenforceable by any court of competent jurisdiction, such Page 29 decision of the court shall apply only to the specified article, section or portion thereof restrained or declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. ARTICLE 32 ENTIRE AGREEMENT AND WAIVER CLAUSE This Agreement supersedes and cancels all previous Agreements between the City and the Association and constitutes the entire Agreement between the parties and concludes collective bargaining for its term. The parties acknowledge that during negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the Agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Page 3 0 ARTICLE 33 DURATION AND NEGOTIATIONS This Agreement shall be effective as of the first (1) day of July, 2001, and shall remain in full force and effect through the thirtieth (30th) day of June, 2004. Negotiations for a succeeding Agreement to become effective on July 1, 2004, shall begin after August 15, 2003, but not later than October 15, 2003. Signed this day of ,2001. DUBUQUE PROFESSIONAL FIREFIGHTERS' ASSOCIATION, LOCAL # 353 CITY OF DUBUQUE, IOWA PRESIDENT MAYOR ATTEST: JEANNE F. SCHNEIDER CITY CLERK Illldll , U.S. Department of Housing and Urban Development~ Nebraska State Office Executive Tower Centre 10909 Mill Valley Road Omaha, Nebraska 68154-3955 February 1, 2001 Honorable Terrenee M. Duggan Mayor of Dubuque City Hall 50 West 13th St. Dubuque, IA 52001-4864 Dear Mayor Duggan: We have reviewed the city's audit report for the period July' 1, 1999, through June 30, 2000. The report contains the following finding relating to the Commumty Development Block Grant (CDBG) program: Finding No. III-B-00: Segregation of Duties over Federal Revenues. The City Finance Department did not properly segregate custody, record keeping, and reconciling functions for revenues, including those related to federal programs. The City's response that the Finance Department management is in the process of reviewing job responsibilities of all finance personnel, with segregation of duties being the main focus of this review is sufficient to clear this finding. Questions regarding the audit should be directed to Mr. Bar~ Linstrom, Financial Analyst, at 402/492-3161. Sincerely, Commnnity Planning and Development Division cc: ?am Myhre David Harris Iowa Department of Transportation 800 Lincoln Way, Ames, IA 50010 515-239-1661 FAX: 515-239-1120 February6,2001 NOTICE OF 2001 PUBLIC INPUT MEETINGS This year the Iowa Transportation Commission intends to conduct four public input meetings around the state. These meetings are designed to allow citizens to present ideas and comments on transportation policies and programs directly to the commissioners without traveling to Ames. The first public input meeting is scheduled to be April 10, 2001, in Mt. Pleasant: Thi, ee additional meetings are tentatively planned for: · June 12 in Sioux City; · August 14 in Missouri Valley; and · November 6 in Marshalltown. The commissioners would like to hear from representatives of regional and metropolitan planning organizations, Iowa cities and counties, chambers of commerce, economic development groups, modal transportation providers, and other interested groups and individuals concerning existing policies. The commissioners also welcome suggestions concerning future transportation needs, policies and programs. The commaissioners are responsible for approving the Five-Year Transportation Improvement Program, which programs funding for the primary and interstate highways, railroads, airports, recreational trails, RISE, the Traffic Safety Improvement Program, the Transportation Enhancement Program, and the Iowa Clean Air Attainment Program. The commissioners also provide financial and technical assistance and policy direction for public transit programs and advise on river transportation issues. Public Input Letter Page 2 February 6, 2001 To obtain a scheduled time or~ the agenda for the Commission meetings, please contact: Office of Program Management Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 Telephone: 515/239-1145 FAX: 515/239-1975 E-Mail: j ean.jesse~dot.state.ia.us Please include the time period you prefer and general topic regarding transportation policies and programs you wish to discuss with the commission. This meeting is not intended to address issues regarding specific projects, or issues on projects which are under construction. The meeting rooms will generally be small; therefore, your group should be sized accordingly. We ask that any group wishing to make a statement or presentation to the commissioners make a written request or cail for time on the agenda. The statements, presentations, suggestions or questions should be organized to last 20 minutes or less. To accommodate as many requests as possible, it may be necessary to further limit the mount of time available or to ask some groups to combine their presentations. Sincerely, /'~t Dennis L. Tice, Director Planning & Programming Division DLT~ CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager State Contract - Design Review Guidelines Booklet Planning Services Manager Laura Carstens is recommending approval of a contract with the State Historical Society of Iowa for a $7,500 grant that the City of Dubuque has received to develop a design review guidelines booklet for historic districts. I concur with the recommendation and respectfully recommend Mayor and City Council approval. MiChael C Van'Mil-1}gen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 1~, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager State Contract - Design Review Guidelines Booklet This memo transmit~ a contract with the State Historical Society of Iowa for a $7,500 grant that the City of Dubuque has received to develop a design review guidelines booklet for our historic districts, I recommend that the City Coundl authorize the Mayor to sign the contract on behalf of the City. LC/mkr Attachments VI 'enbnqnG Contract No, 01-00.020 STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: City of Dubuque Design Review Guidelines Booklet This agreement is made and entered into by and between City of Dubuque, hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCIETY OF IOWA, hereinafter referred to as the STATE; WITNESSETH THAT: WHEREAS, the STATE, is interested in broadening the role of local governments in historic preservation through the Certified Local Government program; and WHEREAS, the STATE, in accordance with the National Historic Preservation Amendments of 1980, is providing 10% of its'annual federal Historic Preservation Fund appropriation to Certified Local Governments; and WHEREAS, the RECIPIENT has demonstrated its interest in histodc preservation by becoming a certified Local Government, and desires to complete Design Review Guidelines Booklet; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit C); 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State and Federal audit as directed under the Single Audit Act of 1984, P.L. 98-502~ if required; That the STATE provide for only project costs eligible under provisions stipulated by the National Park Service, U.S. Department of the Intedor for 'grants -in-aid. Project work which does not meet Secretary of Interior Standards will not be reimbursed for under this Contract; 5. That the STATE monitor the project and provide input as called for in the attached Scope of Wprk (Exhibit C); That the Recipient and the STATE mutually agree that if, dudng the duration of the contract, it is deemed.necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligible costs under the terms of this Agreement; 8: That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, 13, C, and D; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract will be completed by June 30, 2002: 10. That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be. All eligible costs necessary to carry out the project shall be initially advanced by the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $7,500.00, upon receipt of all work products and as specified in the Scope of Work. The agreement will end on June 30, 2002. The final bill must be submitted with the final report by June 30, 2002. 11. Expenditures are to be according to the Budget, attached as Exhibit D. Adjustments between budget categories are permissible following written mutual consent between the RECIPIENT and the STATE; 12. The RECIPIENT will faithfully comply with all applicable Federal and State laws, regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIPIENT shall hold the STATE and federal govemment harmless from damages in any action arising from the performance of work described herein. 'IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. RECIPIENT Terrance Duggan, Mayor Date STATE Patricia Ohlerking, Deputy State Historic Preservation Officer Date 2 EXHIBIT A GENERAL CONDITIONS ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE may, during the duration of the Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official ofthe STATE. ARTICLE II - Patent and Copyright: a. No matedal or product in whole or in part under this Contract shall be Subject to patent or coPyright by either part in the United States or in any other country. b. The U.S. Department of the Interior reserves a rayalty-free no-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, any materials produced in whole or in part under this Contract for government purposes. Any publication by the RECIPIENT must bear in an appropriate place an acknowledgment of grant support under the National Historic Preservation Act of 1966, as amended, from the U.S. Department of the Interior and the State Historical Society of Iowa. ARTICLE III - Accounts and Records: a. Accounts - the RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such detail as will propedy reflect all costs, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract. b. Audit and Inspection - At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records, pertaining to all matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records and all other matters covered by this Contract. c. Retention of Financial Records - All records in the possession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year period if audit findings h~ave not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by the RECIPIENT in the conduct of this project· All claims shall include copies of time utilization sheets, records, documents and other evidence in support of all costs and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract a. Termination for Cause - The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other party in writing of the determination and the masons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for no-cancelable obligations up to the amount of $7,500.00, if said obligations are properly incurred by the RECIPIENT prior to termination· The STATE shall terminate the contract if it determines that the RECIPIENT is not following cost eligibility as outlined in the Secretary of Intador Standards, 36 CFR; OMB Circuiar A~87; and OMB CircuJarA:102. b. Termination for Convenience - The STATE and the RECIPIENT may terminate this Contract in whole or in part, when both padies agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, inCluding the effect date and, in the case of partial termination, the portion to be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non-cancelable obligations up to the amount of award, if said obligations are properly incurred by the RECIPIENT pdor to termination. c. Termination due to Non-Appropriation - Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of the Contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate funds or discontinuance or material alteration of the program under which funds were provided, then the STATE shall have the dght to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the tack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the original award. In the event of termination of this Contract due to non-appropriation, the exclusive, sole and complete remedy of the RECIPIENT shall be payment for service completed prior to termination. d. Right in Incomplete Products - In the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its property, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project. ARTICLE V - Interest of Officials and Others: a, STATE - No officer; employee or advisor of the STATE including a member of the State Historical Society of Iowa Board of Trustees or the State Nominations Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a subgrant, contract subcontract, or any agreement supported with state or federal assistance if the person or any of the followihg has a financial interest in that application. 1. The person, the person's spouse, minor child, or partner, or; 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or; 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment. Benefit or remuneration other than a fee in accordance with applicable statewide procedures includes, without exception, royalty, commission, contingent fee, profassional services contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. ARTICLE VI - Assignment of Interest: Neither this Agreement or any interest therein, no claim thereunder, shall be assigned or transferred by the RECIPIENT to any other party or parties. ARTICLE VII - Subcontract: None of the work or services required under this Agreement shall 5e subcontracted by the RECIPIENT without prior written approval to subcontract by the STATE. ARTICLE VIII - Procurement of Professional Services and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires s01icitations from at least throe sources to permit reasonable competition consistent with the nature and requirements or the procurement. "Cost-plus-a-percentage-of-cosf' contracting is strictly forbidden. Rather, cost reimbursement or fixed price contracting is required. Project principal investigators must meet the minimum pmfassional standards as outlined in the Code of Federal Regulations, Volume 36 Part 61. The purchase of any equipment under this agreement over' $300 may not occur without prior wriften permission of the STATE. The STATE will not approve such purchases until the same are approved in writing by the National Park Service. EXHIBIT B SPECIAL CONDITIONS ARTICLE I o Identification of Parties: This Contract is entered into by and between the State Historical Society of Iowa, hereinafter called the STATE, and the, hereinafter called the RECIPIENT. ARTICLE II - Designation of Officials: a. STATE - The State Historic Preservation Officer is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. He/She may designate a member of his/her staff to negotiate, on behalf of the State, any changes to the Contract. b. RECIPIENT - City of Dubuque, is authorized to execute any changes in the terms, conditions, or amounts as specified in this contract. ARTICLE III - Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis, independent financial and compliance audits of the historic preservation funds received from the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Cimular A-128, "Audits of State and Local Governments", pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, public college or university, audits shall be made in accordance with statutory requirements and the provision of Circular A-110 a copy of this audit must be submitted to the STATE. b. General Obligations - All work performed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations, including OMB Circular A-102 and NPS 49; and any circular, policies, procedures and requJrements as may from time to time be prescribed by the U.S. Department of Interior. 5 ARTICLE IV - Conditions of Payment: a. Maximum Payment - it is expressly understood and agreed to that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein. All payments for work and services under this Contract shall be on a cost incurred, non-profit basis. Requisition for Payment - All payments to the RECIPIENT shall be subject to the receipt by the STATE of a Request for Reimbursement. This request shall be made according to the format specified by the STATE with reimbursement to the RECIPIENT occurring at intervals no more than sixty (60) days after approval of request. ARTICLE V - REQUIRED ACKNOWLEDGMENTS: Publication, films, exhibits, etc. developed as a part of this Contract shall acknowledge Federal aid by including the following statement as part of the Title or Acknowledgment Section with each item produced, "This project has been funded with the assistance of a matching grant-in-aid from the State Historical Society of Iowa, Community Programs Bureau, through the Department of the Interior, National Park Service, under provisions of the National Historic Preservation Act of 1966; the opinions expressed herein are not necessarily those of the Department of the Interior." ARTICLE VI - Equal Opportunity Acknowledgment: Publications, films, exhibits, etc. developed as a part of the Contract shall acknowledge equal opportunity and nondiscrimination practices by including the following statement as part of the Title or Acknowledgment Section with each item produced. "This program received Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, 1849 C Street, Washington, D.C. 20240." ARTICLE VII - Certification Regarding Lobbying: This certification is required by Section 1352, Title 31, U.S. Code. The sub-grantee certifies, to the best of his or her knowledge and belief that: (1) No federal apprapdated funds have been paid or will be paid, by or on behalf of the undersigned, ~o any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form 1963 "Disclosure Form to Report Lobbying," in accordance with instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE VIII - Equal Opportunity: Code of Fair Practices 1. T?ie RECIPIENT will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability. The RECIPIENT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, age or physical or mental disability except where it related to a bona fide occupational qualification. Such action shall include but be not limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. 2. The RECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the RECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. 3. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the RECIPIENT commitments under this nondiscrimination clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The RECIPIENT will comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11275 of 1967, the Equal Employment Opportunity Act of 1972, and all provision relevant to fair employment of the rules and regulations of the STATE. The RECIPIENT will furnish all information and reports requested by the STATE or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the STATE for purposes of investigation to ascertain compliance with such rules, regulations or requests, or with this nondiscrimination clause. 5. In the event of the RECIPIENTS noncompliance clauses of this contract or with any of the aforesaid rules, regulations or requests, this contract may be canceled, terminated, or suspended in whole or in part and the RECIPIENT may be declared ineligible for further contracts with the STATE. In addition, the STATE may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act of 1965 as amended, Chapter 601A, Code of Iowa 1973, as heretofore and hereinafter amended, or by the rules and regulations of the State or as otherwise provided by law. 7 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, seamhieg existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send cerements regarding the burden estimate or any olJaer aseect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. ' PLEASE D° NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additiona! assurances. If such is the case, you will be notified. As the daiy authorized representative of the applicant, I certify that the applicant: Has the legal anthodty to apply for Federal assistance and the thstltufionaJ, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, managemefit and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authedzed representative, access to and the dgnf to examine ail records, books, papers, or documents related to the award; and witl establish a proper accounting .system in accordance with generally accepted accounting standards or agency directives. Wilf establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizatirmai conflict of interest, or personal gain. Will initiate and complete the Work within the applicable time frame after receipt of approval of the awarding agency, Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discdmthation Act of 1975, as amended U.SiC. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Qffice and Treatment Act of 1972 (P.L 92-255), as amended, relating to nondiscdminatian on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabiiitafion Act of 1970 (P.L 91-616), as amended, reiafing to nondiscrimination on the basis of alcohol abuse or aicoholisre; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Viii of the Civil Rights Act of 1968 (42 U.S.C. {}§3601 et seq.), as amended, relating to nondiscnmination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscdminstion statute(s) which may apply to the application_ Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one ct the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administrabon (5 C.F.R. 900, Subpart F). Will comply with all Federal statutes relating to nondiscfimthation. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title [X of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683. and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Will comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Retscation Assistance and Reai Proper~¢ Acquisition Policies Act of 1970 (P.L; 91-646) which provide for fair and equitable treatment of persons d~spiaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to ail interests in real property acquired for project purposes regardless of Federal participation purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Authorized for Local Reproduction Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S,C. §§276a to 276a-7), the Capeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards-Act (40 U.S.C. §§327- 333), regarding tabor standards for federaliy-aasisted construction subagraements. 10. Will comply, fl applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L 93-234) which requires recipients in a special flood hazard area to participate in the program and to pumhase flood insurance ff the total cost of insurable construction and acquisition is $10,000 or more. 12. 13. 14. 11. Will comply with environmental standards which may be prescribed pursuant to the following: la) institution of environmental quality contral measures under the National 15. Environmental Policy Act of 1969 (P.L 91-190) and Executive Order lEO) 11514; lb) notflic~flon of violating facilities pursuant to EO 11738; lc) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency ~ the approved State management 16. program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (/) conformity of Federal actions to State (Clean Air) Implementation Pisns under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 17. underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L 93-523); and. (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 18. Will comply with the Wild and Scenic Rivem Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance- with Section 106 of the National Historic Praservstior~ Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of histodc properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §~469a-1 et seq.). Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activi~es supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P.[_ 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §{}4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments cf 1996 and OMB Circular No. A-133, 'Audits of States, Local Governments, and Non-Profit Organizations." Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policias governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TlTLE APPLICANT ORGAN[7_ffT]ON DATE SUBMI"~'ED Standard Form 424B (Rev. 7-97) Back U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Frse Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension. and Other Responsibility Matters - Pdmary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used or use this form for certification and sign. (See Appendix A of SubparLD of 43 CFR Part Certification Regarding Debarment, Suspension, ineligibility. and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Per~ 12.) Cerfification Regarding Drug-Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with cedJfication requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a matedal representation of fact upon which reliance will be placed when the Depedment of the thtador determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK__/P THIS CERT1FICA TION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective pdmary participant certifies to the beat of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment; declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within e three-year pedod preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a cdminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presentfy indicted for or otherwise criminally or civilly charged by a governmental ent~/(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d} Have not within e three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant snail attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK__iF THIS CERTIFICATION iS FOR A LOWER TIER COVERED TRANSACTION AND ~$ APPLICABLE. (1) The prospective Iow? tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntaitly excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier peCdcipant is unable to cedJfy to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ~,~,~, ~,. ~enmcaaon ;~egareiing Drug-Free Worf(place R~uiremen~ CHEC~IF ~IS ~R~FICA~ON IS FOR ~ ~P~CA~ ~0 IS NOT ~ INDIVIDUA~ ~mma~ L (Gm~ ~er~an ~ndMdua~) A. The gmnt~ ce~es ~at ff will or ~nanue to provide a d~g-~ee ~pJa~ by: (a) Publishing a ~me~ ~ng employe~ ~ ~e unJa~J man~m, dis~b~on, dispensing, po~ession, or use of a ~iled sub~nce is pmhib~ed in ~e gmnt~'s wo~piace and sp~ing ~e a~ons that will be ~ken again~ employes ~r viola~n of such pmhibi~n; (b) E~blishing an ongoing dmg-~ awamn~s program to info~ employees a~- (1) ~e dangem ~ drag able in ~e wo~pla~; (2) The grantee's ~li~ of ~in~ining a dmg-~ee wo~lace; (3) Any a~ilable d~g ~unseling, mhabil~tion, and employee assis~nce programs; and (4) The penalties ~at may be imposed upon empJoye~ for d~g abuse violations o~umng in ~e wo~pla~; (c) Making it a requirement ~at each employee to be engaged in ~e pe~ance of ~e grant be given a ~py of the s~tement required by paragraph (a); (d) No~ing ~e employ~ in ~e ~me~ r~uired by pamg~ph (a) ~at, as a ~nd~on of employment under ~e gmnL · e employ~ ~ll - (1) Abide by ~e te~s of ~e ~tement; and (2) Nofi~ ~e employer in w~ng of his or her convi~on for a violation of a cdmicet d~g s~te occu~ng in ~e wo~place no later ~an five ~lendar days after such convi~ion; (e) Not~ing the agen~ in wdting, wi~in ten ~lendar days ~er r~ing notice under subparagraph (d)(2) from an employee or o~e~ise mce~ing a~al no,ce of such convi~on. Employem of ~nvi~ed employes mu~ provide noah, including ~s~on ~e, to eve~ grant offi~r on whose g~ a~ ~e ~nvi~ employ~ was wo~ing, unles~ · e Fede~J agen~ has deeignat~ a ~i ~int ~r ~e ~ipt of su~ notices. Nofi~ shall include the Jden~fion numbem(s) of each ~e~ed gmn~ (0 Taking one of ~e follo~ng a~ons, ~Jn 30 ~lendar days of ~ng nofi~ under subpa~mph (d)(2), ~ mspe~ to any employee who is so convi~ed - (1) Taking appropriate ~monnel action against such an employee, up to and including te~Jna~on, consistent ~ ~e requiremen~ of ~e Rehabit~afion A~ of 1973, as amended; or (2) Requiting such employ~ to pa~cipate safi~od~ in a drag abuse a~n~ or mhabil~fion program approved for such pu~osee by a F~eral, S~te, or io~l health, law e~omement, or o~er a~pmpfiate agent; (g) Making a good ~ e~d ~ ~n6nue to maintain a dmg-~ee wo~place through imptemen~fion of paragraphs (a) (b), (c), (d), (e) and (~. B. The grantee may inseA in ~e spa~ provided below ~e site{s for the pedo~an~ of wo~ done in ~nne~ion with the spec~c g~nt: Place of Peffo~apce (Street address, ci~, Count. s~te, zip code) Check__if there are workplaces on file that are not identified hem. PART D: Certification Re~ardin~] Drug-Free Workplace Requirements CHECK__IF THIS CERTIFICATION IS FOR AN APPLICANT WHO tS AN INDIVIDUAL. Alternate II. (Grantees Who Are Individuals} (a) The grantee certifies t~et, as a cond~on of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing,, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in wdting, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a cantral point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements CHECK__iF CERTiFICATION IS FOR 7'HE AWARD OF ANY OF THE FOl..LOWING AND THE AMOUNT- EXCEl--DS $100. OOO: A FEDERAL GRANT OR COOPERA 'FIVE AGREEMENt,- SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT~ CHECK__IF CERTIFICATiON IS FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000. OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN. The undersigned certifies, to the beat of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behaff of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal corffract, the making of any Federal grant, the making of any Federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal cont.~act, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, Joan, or cooperative agreement, the L~ndersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this cer~cation be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) end that all subrecipients shall ced:J~ accordingly. This cedJfication is a matedal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cerflfication is a prerequisite for making or entedng into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required cedffication shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specified cert~cations are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL %YPED NAME AND TITLE DATE EXHIBIT C SCOPE OF WORK WORK ELEMENTS The City of Dubuque will develop, publish, and distribute design review guidelines that will aid in the preservation ortho City's historic districts. Recent inappropriate alterations of histodc homes in Dubuque have pointed to the cdtical need for Design Review Guidelines. A task force of local citizens and members of the Historic Preservation Commission have recommended the development of design review guidelines for the historic districts. Commissioners and staff discussed that design review guidelines could make the job of the Commissioners easier and more efficient. Planning Services staff believe that design review guidelines for each district would make the job of staff easier and more efficient. Design guidelines would provide opportunities for streamlined staff sign-offs on certain types of projects that meet established criteria. Staff and commission have discussed cases in which staff sign-off is appropriate. An example is the replacement of an aluminum porch with a wooden porch that matches a porch shown in an old photograph of the building and that is appropriate for the structure's pedod of significance. These guidelines would be formulated using the Secretary of interior's Standards and Guidelines for Restoration and Rehabilitation as a baseline and adding informative illustrations and other aides to help properly owners comprehend and follow the Design Review guidelines. The State will review and comment on draft and proposed final versions of the guidelines to insure compliance with Iowa CLG Program and Federal requirements. The most effective and useful design guidelines are those which were developed for a specific district or districts of like historic character, function, and contemporary periods of significance. The City of Dubuque will select one or several such locally designated districts for which design guidelines will be developed. To accomplish these goals, the City of Dubuque wil! undertake the following: Hire a histodc preservation consultant with demonstrated experience in design guideline development who meets the Secretary of the Interior's Professional Qualification Standards for Architectural History or Preservation/Historic Architect. The consultant will work with the local Project Director, Historic Preservation Commission, other City Staff and the public on all phases of the project. Phase 1, Advance Preparation, will involve working with a consultant to prepare background information that will provide a basis for informed discussions. This phase will entail the consultant's review of existing regulations, historical research, and other materials in order to gain an understanding ofthe existing context. In addition, the City will form a volunteer Advisory Group to focus on guiding the project, to help recruit participants for the public workshop, and to ensure that cdfical, major interests of the community are represented. The Advisory Group will also serve as a data source and sounding board. The consultant and Advisory Group will select the historic district or districts for which the design guidelines will be developed. Finally, a refined schedule of meeting dates, deadlines for drafts and scheduled conference calls will be developed. Phase 2, Define District Character and Goals, includes defining the existing character, identifying development trends that may influence its future, and establishing design goals for the areas. During this phase the following activities will occur. The consultant will conduct logistical meetings with city staff and the Advisory Group in order to identify goals, objectives and timetables for this phase. A key purpose is to gain an understanding of how staff and boards use the guidelines on a daily basis. Also, for the consultant to elicit input on the group's view of the district's character, development trends, and design goals. The consultant, city staff and the advisory group will tour the histodc district(s) to identify design issues in the field. The tour will also include photo-documentation of design issues. The consultant will collect and copy historic photos and descriptions to use in this project and take supplementary photographs of existing conditions and issues in slide and print form, assemble vadous planning documents and acquire base maps. The final activity in Phase 2 is the public workshop for residents, property owners, professionals and interested citizens. It will be organized to provide an overview of the design guidelines process, define issues and explain the timetable of the project to the public. The meeting will introduce the concept of the design guidelines and present a range of design issues, problems and solutions in a slide show to establish a common base of understanding of the project. Basic goals and policies for guidelines will be developed that provide direction for the development of the guidelines that will follow in Phase 3. Participants will be asked to identify typical design problems that are encountered in the area. The consultant assisted by City staff will direct the workshop. Phase 3, Develop Draft Guidelines, involves developing an initial draft of the design guidelines. The draft design guidelines for the historic district(s) will cover topics such as lot and streetscape features, mass and scale, building materials, architectural features (e.g. doors, roofs, windows), parking and secondary structures, building additions and relocations, and new, infill developments. The Guidelines will contain an annotated outline of design review issues. The outline will cover the following topics, as they relate to the design review guidelines for the Historic District (s): historical character of the district (s), description of building types and styles; identifying the character defining features of the building types or styles that are encountered in the historic district (s); and goals for the design review and guideline process. The draft design guidelines will be sent to in advance to City Staff, Advisory Group, State Project Manager and State Preservation Architect for review and comment. Copies will be made available for public review and comment. 5~ Phase 4, Prepare final Design Guidelines. The consultant will schedule at least one conference call with the City Staff, Advisory Group, and State Project Manager and Preservation Architect to review the draft Design Guidelines. During the call, the consultant will review the draft Design Guidelines and answer questions. The purpose of the review conference calls will be to to clarify, strengthen, or weaken design guideline language. Based on the verbal review and written comment provided by the State, Public and others, the Consultant will revise the draft. The revised draft will be submitted to the State for final review and approval pdor to printing the final edition of the Design Guidelines. The consultant will submit a final print ready copy of the Design Guidelines to the City Staff for duplication, distribution and use. Phase 5, the CLG Project Manager and Historic Preservation Commission will hold a workshop for the public to explain how the Design Guidelines will be used and illustrate their application in the deveJopment of projects within the historic district (s). All work on the project will conform to the "Secretary of the Interior's Standards and Guidelines for Preservation Planning, Registration, and Treatments for Historic Preservation Projects", Federal Register of September 29, 1983; to the Fiscal Year 2000 Grants Manual For Certified Local Governments; and to the CLG's grant application submitted in August, 2000. The CLG financial officer is responsible for fiscal administration of the Grant. The CLG Project Director will be the Community Development Director who will work with the consultant in coordinating grant activities. Project Director responsibilities will include administration of the grant, scheduling of meetings, copying and distributing information from the consultant to the volunteers and others involved in the project. The project director will be responsible for developing and disseminating press releases about various grant activities. The project director will be the point of contact for all communications between the consultant, volunteers and the State Historical Society Project Manager. The CLG Project Director and consultant will oversee production of the products identified below. The CLG Historic Preservation Commission, elected officials, and the State will review and comment on the draft and final products. The Historic Preservation Commission will be responsible for furnishing the public with draft copies of products for review and comment. Changes directed by the State shall be made prior to submission of the final versions of the products. PRODUCTS 14 The State will furnish the followinq: 1) One Historic-Architectural database (HAD B) encoding form; 2) Copy(s) of the final National Register of Historic Places nomination(s) for the selected historic district (s); The CLG will prepare the followinq products: 1) Two copies of the draft Request for Proposals to be submitted to consultants; 2) Two copies of the draft subcontract agreement with the consultant; 3) Three copies of the fully executed subcontract agreement with the consultant; 4) A Phase 2 workshop involving the public in the development of the design guidelines; 5) A minimum of twenty five copies of the draft design guidelines. 6) The following acknowledgements wil~ appear on the title page of the draft and final versions of all publications produced under this grant: 'q'his Project has been funded with the assistance of a matching grant-in-aid from the State Historical Society of Iowa, Community Programs Bureau, through the department of the Interior, National Park Service, under provisions of the National Historic Preservation Act of 1966; the opinions expressed herein are not necessarily those of the Department of the Interior" 'q'his program received Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in Federally Assisted Programs on the basis of race, color, national origin, age or handicap: Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the interior, National Park Service, P.O. box 37127, Washington, D.C. 200'13-7127~" 7) Two HUndred and ftrty copies of the final version of the draft Design Guidelines; which will include one print-ready master copy; 8) A Phase 5 workshop to train the public in the utilization and application of the design guidelines when developing restoration or rehabilitation projects in the historic district (s); 9) Six copies of each mailing and any other promotional material,used to publize, promote, and invite the public to participate in the Phase 2 workshop, Phase 5 training workshop and to provide comment on the draft guidelines; t0) Two copies of a one-page report, summarizing the project results, as required for all grant-funded activities; and 11) One completed Historic-Architectural database (HADB) encoding form (provided by the State). The CLG will distribute the products as follows: 1) One copy of the draft Request for Proposals will be submitted to the State for review and approval prior to send to consultants; 2) One copy of the draft consultant subcontract will be submitted to State's project manager for review and approval prior to execution with the consultant; 3) The State will receive one copy of the fully executed subcontract; the consultant and CLG will retain copies for their respective files; 4) Copies of the first draft of the Design Guidelines will be submitted to the State (Project Manager), City Staff, CLG's Advisory Group, and the other interested publics, respectively, for review and comment; 5) Six copies of the final Design Guidelines will be submitted to the State; 6) Six copies of each mailing and any other promotional material, used to publicize, promote, and invite the public to provide comment on the draft guidelines and to participate in the Phase 2 and Phase 5 workshops shall be submitted to the State; 7) A minimum of five copies including one unbound, print~ready master copy of final draft Design Guidelines wilt be kept by the CLG; extra copies will be distributed to historic district property owners; 8) One copy of the one-page project report will be submitted to the State, the CLG will keep one copy; 9) One completed Historic-Architectural database (HADB) encoding form (provided by the State) will be submitted to the State. C. SCHEDULE Work under this contract will begin in the Spring of 2001, upon signing of the contract by the CITY OF DUBUQUE and the STATE. The CITY OF DUBUQUE is expected to begin work on the project within 20 days of receiving a copy of the fully executed contract, signed by the CITY OF DUBUQUE and the STATE. The contract will end on or before June 30, 2002. Early completion of contract activities and submission of contract products is encouraged. Deadlines for contract activities are as follows: The CLG will retum all three copies of the contract, bearing the chief elected-official's signature, to the State no later than February 15, 2001. State will return one fully executed copy to CLG no later than March 1, 2001 The recipient will submit the draft Request for Proposals and draft subcontract for consultant to the State for review and approval no later than April 15, 2001. State will provide comments and approval no later than May 15, 2001. The recipient will submit a copy of executed subcontract with consultant to the State no later than June 15, 2001. Contracted projects which do not have consultants under subcontract by June 15, 2001 will be canceled. The recipient will submit the draft Design Guidelines and Annotated Outline of Design Review Issues for the State's review and comment no later than March 1, 2002. State will provide wdtten comment and approval of the draft report no later than April 1, 2002. The recipient will submit the revised draft Guidelines incorporating State and Public comment to the State for review and comment no later than May 1, 2002. The State will provide written comment and approval of the revised draft Guidelines no later than June 1; 2002. The recipient will submit final versions of the grant products by June 30, 2002. D. REIMBURSEMENT SCHEDULE Payments by the State shall be made upon receipt of billing invoices from the CLG that relate expenses being billed to budgeted expenses identified in Exhibit E. Each payment request will be audited 16 by the State to insure that sufficient progress has been made in support of the invoice. Timely submission of products is essential for reimbursement. Claims for reimbursement must be accompanied by a progress report. Claims and progress reports must be submitted to Lavon Grimes, Grants Programs Assistant, State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, Iowa 50319 - 0290. The following payment schedule shall be used: Approval of draft report: up to 70% of grant Approval of all products: 100% of the grant E. CO01~INATION This agreement Will be managed by the CITY OF DUBUQUE in cooperation with the STATE. The CITY OF DUBUQUE will be represented the Project Director: Laura Carstens, 50 West 13th Street, Dubuque, Iowa 5200'1, (3'19) 589-42'10 (day), (3'19) $5?-8855 (evening), and the STATE will be represented by Kerry McGrath, Project Manager, Community Programs Bureau, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290, 515/281-6826, Kerry. McGrath@dca.state.ia.us. and Cynthia Nieb, Grant Programs Manager. Routine information and technical guidance Witl be provided by Kerry McGrath, Project Manager. Lavon Grimes, Grant Programs Assistant (515) 242-6194, shall handle all accounting matters and payments. The CITY OF DUBUQUE's Project Director, Laura Carstens, will maintain continuous - coordination with the STATE's Project Manager, Kerry McGrath, dudng the course of this contract. This will consist of a wdtten monthly progress report due on the 5th of each month. These reports will keep the STATE abreast of contract progress and serve as a vehicle for assessing performance of the contract. Progress reports shall be directed to Kerry McGrath. 17 EXHIBIT D BUDGET CLG FY 2001 Application for Histodc Preservation Fund Grant-in Aid Pa~e 8 This project was completed on-time and all reports were submitted in a timely fashion. This wes accomplished, in part, by involving the Histodc Preservation Commission, the City Council, other City Departments and Commissions and community citizens. The City is also beginning work on an Historical Resource Development Program (HRDP) Grant (Contract No. 00-007) for Phase II of the City of Dubuque Architectural/Historical Context Survey and Evaluation. This project has been contracted to James E. Jacobsen, History Pays!, and Molly Myers Naumann, with a completion date established as January 15, 2002. Section IV: Proposed Project Budget Expenditure A. * B. ** Applicant's Match Projection Federal* Applicant's C. Cash D. In-Kind Consultant (salary & $ 2,000.00 $5,000.00 $5,000.00 expenses) Design Guidelines Printing (draft copy) 250.00 Printing final copy 3,000~00 Guideline Distribution (postage) 750.00 Seminar 1,000.00 Clerical/Miscellaneous costs (Postage/phOne) 500.00 Project Oversight 500.00 $500.00 GRANT PROJECT Federal Total* Applicant Total $5,000,00 $500.00 TOTAL = $13,000.00 $7,500.00 ** $5,500.00 CERTIFICATION: I certify that the matching share preposed for this project does not include funding from other Federal sources, and that these funds are not being used as match agai/.~y other Federa~nt ~lica~on. Column A _ Grant, the total amount of Column A must nOt ~ed 6~, of total project costs. ** Column B - Match, ~is future must equal a mi~imam of 40% of total project costs. EXHIBIT D BUDGET This project was completed on-time and all reports were submitted in a timely fashion. This was accomplished, in part, by involving the Historic Preservation Commission, the City Council, other City Departments and Commissions and community citizens. The C~:y is also beginning work on an Historical Resource Development Program (HRDP) Grant (Contract No. 00-007) for Phase I1 of the City of Dubuque Architectural/Historical Context Survey and Evaluation. This project has been contracted to 3ames E..lacobsen, History Pays!, and Holly Myers Naumann, with a completion date established as ]anuary 15, 2002. Section ZV: Proposed Project Budget Expenditure A. * B. ** Applicant's Match Projection Federal* Applicant's C. Cash D. In-I~nd Consultant (salary & $ 2,000.00 $ 5,000.00 $5,000.00 expenses) Design Guidelines Printing (draft copy) 250.00 Printing final copy 3,000.00 Guideline Distribution (postage) 750.00 Seminar 1,000.00 £1erical/Hiscellaneous costs (Postage/phone) 500.00 Project Oversight 500.00 $500.00 GRANT PRO.1ECT TOTAL Federal Total* Applicant Total $5,000.00 $500.00 = $13,000.00 $7,500.00 ** $5,500.00 CERT~F[CAT[ON: I certify that the matching share proposed for this project does not include funding from other Federal sources, and that these funds are not being used as match against any other Federal grant application. AUTHOR/ZED SIGNATURE * Column A - Grant, the total amount of Column A must not exceed 60% of total project costs. ** Column B - Hatch, this future must equal a minimum of ~0% of total project costs. 20 CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager State Contract - Design Review Guidelines Booklet Planning Services Manager Laura Carstens is recommending approval o£ a contract with the State Historical Society of Iowa for a $7,500 grant that the City of Dubuque has received to develop a design review guidelines booklet for historic districts. I concur with the recommendation and respectfully recommend Mayor and City Council approval. Mi6hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Plarming Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 14, 2001 TO: FROM: SUB.~ECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager State Contract - Design Review Guidelines Booklet This memo transmits a contract with the State Historical Society of Iowa for a $7,500 grant that the City of Dubuque has received to develop a design review guidelines booklet for our historic districts. ! recommend that the City Coundl authorize the Mayor to sign the contract on behalf of the City. LC/mkr Attachments Contract No. 01-00.020 STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: City of Dubuque Design Review Guidelines Booklet This agreement is made and entered into by and between City of Dubuque, hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCIETY OF IOWA, hereinafter referred to as the STATE; WITNESSETH THAT: WHEREAS, the STATE, is interested in broadening the role of local governments in histodc preservation through the Certified Local Government program; and WHEREAS, the STATE, in accordance with the National Historic Preservation Amendments of 1980. is providing 10% of its annual federal Historic Preservation Fund appropriation to Certified Local Governments; and WHEREAS, the RECIPIENT has demonstrated its interest in historic preservation by becoming a Certified Local Government, and desires to complete Design Review Guidelines Booklet; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit C); 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State and Federal audit as directed under the Single Audit Act of 1984, P.L 98-502, if required; That the STATE provide for only project costs eligible under provisions stipulated by the National Park Service, U.S. Department of the Interior foe 'grants -in-aid. Project work which does not meet Secretary of Interior Standards will not be reimbursed for under this contract; 5. That the STATE monitor the project and provide input as called for in the attached Scope of Work (Exhibit C); 6. That the Recipient and the STATE mutually agree that if, during the duration of the contract, it is deemed necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligible costs under the terms of this Agreement; 8. That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, B, C, and D; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract will be completed by June 30, 2002: 10. That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be. All eligible costs necessary to carry out the project shall be initially advanced by the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $7,500.00, upon receipt of all work products and as specified in the Scope of Work. The agreement will end on June 30, 2002. The final bill must be submitted with the final report by June 30, 2002. 11. Expenditures are to be according to the Budget, attached as Exhibit D. Adjustments between budget categories are permissible following written mutual consent between the RECIPIENT and the STATE; 12. The RECIPIENT will faithfully comply with all applicable Federal and State laws, regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIPIENT shall hold the STATE and federal government harmless from damages in any action arising from the performance of work described herein. 'IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. RECIPIENT Terrance Duggan, Mayor Date STATE Patricia Ohlerking, Deputy State Historic Preservation Officer Date EXHIBIT A GENERAL CONDITIONS ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE may, during the duration of the Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official of. the STATE. ARTICLE II - Patent and Copyright: a. No material or product in whole or in part under this Contract shall be Subject to patent or copyright by either part in the United States or in any other country. b. The U.S. Department of the Interior reserves a reyalty-free no-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, any materials produced in whole or in part under this Contract for government purposes· Any publication by the RECIPIENT must bear in an appropriate place an acknowledgment of grant support under the National Historic Preservation Act of 1966, as amended, from the U.S. Department of the Intedor and the State Historical Society of Iowa. ARTICLE III - Accounts and Records: a. Accounts - the RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract. b. Audit and Inspection - At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records, pertaining to all matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records and all other matters cPvered by this Contract. c. Retention of Financial Records - All records in the possession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year pedod if audit findings have not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by the RECIPIENT in the conduct of this project. Ail claims shall include copies of time utilization sheets, records, documents and other evidence in support of all costs and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract a. Termination for Cause - The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the Pther party in writing of the determination and the reasons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for no-cencelable obligations up to the amount of $7,500.00, if said obligations are properly incurred by the RECIPIENT prior to termination. The STATE shall terminate the contract if it determines that the RECIPIENT is not following cost eligibility as outlined in the Secretary of Interior Standards, 36 CFR; OMB Circular A-87; and OMB Circular A~102. b. Termination for Convenience - The STATE and the RECIPIENT may terminate this Contract in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, inCluding the effect date and, in the case of partial termination, the portion to be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non-cancelable obligations up to the amount of award, if said obligations are properly incurred by the RECIPIENT prior to termination. c. Termination due to Non-Appropriation - Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of the Contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate funds or discontinuance or material alteration of the program under which funds were provided, then the STATE shall have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the original award, in the event of terminafion of this Contract due to non-appropriation, the exclusive, sole and complete remedy of the RECIPIENT shall be payment for service completed prfor to termination. d. Right in Incomplete Products - In the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its property, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project. ARTICLE V - Interest of Officials and Others: a. STATE - No officer, employee or advisor of the STATE including a member of the State Historical Society of Iowa Board of Trustees or the State Nominations Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a subgrant, contract subcontract, or any agreement supported with state or federal assistance if the person or any of the followiflg has a financial interest in that application. 1. The person, the person's spouse, minor child, or partner, or; 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or;, 3. Any person or organization with whom the person is negotiating or has any arrangements conceming prospective employment. Benefit or remuneration other than a fee ih accordance with applicable statewide procedures includes, without exception, royalty, commission, contingent fee, professional services contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. ARTICLE VI - Assignment of Interest: Neither this Agreement or any interest therein, no claim thereunder, shall be assigned or transferred by the RECIPIENT to any other party or parties. ARTICLE VII - Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior wdttan approval to subcontract by the STATE. ARTICLE VIII - Procurement of Professional Services and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires solicitations fi.om at least three sources to permit reasonable competition consistent with the nature and requirements or the procurement. "Cost-plus-a-percentage-of-cost" contracting is strictly forbidden. Rather, cost reimbursement or fixed price contracting is required. Project principal investigators must meet the minimum professional standards as outlined in the Code of Federal Regulations, Volume 36 Part 61. The purchase of any equipment under this agreement over $300 may not occur without pdor written permission of the STATE. The STATE will not approve such purchases until the same are approved in writing by the National Park Service. EXHIBIT B SPECIAL CONDITIONS ARTICLE I - Identification of Parties: This Contract is entered into by and between the State Historical Society of Iowa, hereinafter called the STATE, and the, hereinafter called the RECIPIENT. ARTICLE 11 - Designation of Officials: a. STATE - The State Histodc Preservation Officer is the State Official aUthorized to execute any changes in the terms, conditions, or amounts specified in this Contract. He/She may designate a member of his/her staff to negotiate, on behalf of the State, any changes to the Contract. b. RECIPIENT - City of Dubuque, is authorized to execute any changes in the terms, conditions, or amounts as specified in this contract. ARTICLE III - Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis, independent financial and compliance audits of the historic preservation funds received fi.om the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Circular A-128, "Audits of State and Local Governments", pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, public cotlege or university, audits shall be made in accordance with statutory requirements and the provision of Cimular A-110 a copy of this audit must be submitted to the STATE. b. General Obligations - Ail work performed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations, including OMB Circular A-102 and NPS 49; and any circular, policies, procedures and requirements as may from time to time be prescribed by the U.S. Department of Interior. 5 ARTICLE IV - Conditions of Payment: a. Maximum Payment - tt is expressly understood and agreed to that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein. All payments for work and services under this Contract shall be on a cost incurred, non-profit basis. Requisition for Payment - All payments to the RECIPIENT shall be subject to the receipt by the STATE of a Request for Reimbursement. This request shall be made according to the format specified by the STATE with reimbursement to the RECIPIENT occurring at intervals no more than sixty (60) days after approval of request. ARTICLE V - REQUIRED ACKNOWLEDGMENTS: Publication, films, exhibits, etc. developed as a part of this Contract shall acknowledge Federal aid by including the following statement as part of the Title or Acknowledgment Section with each item produced. "This project has been funded with the assistance of a matching grant-in-aid from the State Historical Society of Iowa, Community Programs Bureau, through the Department of the Interior, National Park Service, under provisions of the National Historic Preservation Act of 1966; the opinions expressed herein are not necessarily those of the Department of the Interior2 ARTICLE V1 - Equal Opportunity Acknowledgment: Publications, films, exhibits, etc. developed as a part of the Contract shall acknowledge equal opportunity and nondiscrimination practices by including the following statement as part of the Title or Acknowledgment Section with each item produced. "This program received Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, 1849 C Street, Washington, D.C. 20240." ARTICLE VII - Certification Regarding Lobbying: This certification is required by Section 1352, Title 31, U.S. Code. The sub-grantee certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form 1963 "Disclosure Form to Report Lobbying," in accordance with instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 6 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE VIII - Equal Opportunity: Code of Fair Practices 1. T?ie RECIPIENT will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability. The RECIPIENT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, age or physical or mental disability except where it related to a bona fide occupational qualification. Such action shall include but be not limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. 2. The RECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the RECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. 3. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the RECIPIENT commitments under this nondiscrimination clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The RECIPIENT will comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11275 of 1967, the Equal Employment Opportunity Act of 1972, and all provision relevant to fair employment of the rules and regulations of the STATE. The RECIPIENT will furnish all information and reports requested by the STATE or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the STATE for purposes of investigation to ascertain compliance with such rules, regulations or requests, or with this nondiscrimination clause. 5. In the event of the RECIPIENTS noncompliance clauses of this contract or with any of the aforesaid rules, regulations or requests, this contract may be canceled, terminated, or suspended in whole or in pad and the RECIPIENT may be declared ineligible for further contracts with the STATE. In addition, the STATE may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the Iowa CMl Rights Act of 1965 as amended, Chapter 601A, Code of Iowa 1973, as heretofore and hereinafter amended, or by the rules and regulations of the State or as otherwise provided by law. · . ASSURANCES - NON. CONSTRUCTION PROGRAMS Pubiis reporting burden for this coitecdon of information is estimated to average 15 minutes per response, including time for reviewing nstroctJess, searching existing data sources, gathering and maintaining the data needed, and compietieg and reviewing the collection of information. Send c~mrcente regarding the burden estimate or any other aspect of this collecties of information, including suggestions for' 'educing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503~ PLEASE D° NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NGT~: Certain of these assurances may not be applicable to your proiect or program. If you have questions, pleas~ contact the awarding agency. Further, certain Federal awarding agencies may- require applicants to certify te additional assurances, if such is the case, you will be not,ed. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share cf project cost) to ensure proper planning, managemerri a, nd cemptetJon of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if apprepriate, the State, through any authorized representative, access to and the right to exarcthe all records, books, papers, or documents related to the award; end will establish s proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or arganizatzonal contiict of interest, or personal gain. Will initiate and complete the Work within the applicable time frame after receipt of approval of the awarding agency. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S:C. §§6101-6107), which prohibits discdminstion on 'the basis sf age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondiscrimination on the basis cf alcohol abuse er alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to contidentiaiity of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights ACt of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is be,rig made; and, (j) the requirements of any other nondiscemination stetute(s) which may apply to the application. Wilt comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for medt systems for programs funded under one of the 19 statutes or regulations specified m Appendix A of OPM's Standards for a Merit System of Personnel Administrabon (5 C.F.R. 900, Subpar[ F). Will comply with all Federal statutes relating to nondiscnmination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352) which prohibits discnminal~on on the basis of race. color or national origin; (b) T~tle IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683. and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Will comply, or has already complied, with the requirements of Titles Il and IH of the Uniform Relocation Assistance and Real Proper~ Acquisition Policies Act of 1970 (P.L~ 91-646) which prowde for fair and equitable treatment of persons d~spiaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in rea[ property acquired for project purposes regardless of Federal partic~pabon in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§150~-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded ~n whole or in part with Federal fonds. ~revious Edition Usable Authorized for Local Reproduction Standarc~ Form 424i~ (Rev. 7-g7) Prescribed by OMB Circular A-10~ 9. Will comply, as applicable, with the provisions of the DaVis- 12. Bacon Act (40 U.S.C. §§276a to 276a-7), the Copelaed Act (40 U.S.C. §276c and 18 U.S.C. {}874), and the Contract Work Hours and Safety Standards-Act (40 U.S.C. §§327- 333), regarding Jabot standards for federalJy-assisted construction subagreements. 13. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. 11. Will comply with environmental standards which may be prescribed pursuant to the following: la) institution of environmental quality c0ntrol measures under the National 15. Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order lEO) 11514; lb) notification of violating facilities pursuant to EO 11736; lc) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11968; (e) assurance of project consistency with the approved State management 16. program developed under the Coastal Zone Management Act of 1972 H6 U.S.C. §§1451 et seq.); (f) conformt[y of Federal actions to State (Clean Air', Implementation Plans under Section 176(c) of me Clean Air ACt of 1955. as amended (42 U.S.C. §§7401 et seq.); (g) protection of 17. uneergreasd sources of ddnking water under the Safe Drinking Water Act of 1974. as amended (P.L_ 93-52..3): ane. th/ protection of endangereo seectes unt~er the Endangered Species Act of 1973. as amended (P.L. 93- 205~, 18. Will comply with the Wild and Scenic Rivers Act ~f 1968 (16 U.S.C. §§1271 et seq.) rotated to protecting components or potent}al components of the national wild and scenic dyers system. Will assist the awarding agency in assuring compiiance- ~/rth Section 106 of the National HJstotic Preservatioti Act of 1966, as amended (16 LLS.C. {}470), EO 11593 (identification and protection of histodc properties), and the Archaeological and Histodc Preservation ASt of 1974 (16 U.S.C. §~469a-1 et seq.). Will comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activ~as supported by this award of assistance. Will comply with the Laboreto~ Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et coq.) pertaining to the care. handling; and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. W'~ll comply with the Lead-Based Paint Pois0mng Prevention Act (42 U.S.C. §§4~01 et seo. l which prohibits the use of lead-based paint in constreceon or rehabilitation of r~sidence strestures. Will cause to be performed the required financial and compJtance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133. "Audits of States. Local Governments. an(] Non-Profit Organizations." Will comply with all aDolicable requirements of al~ omar Federal Jaws. executive orders, regulations, and DO~tC~eS governing this program. SIGNATURE OF AUTHORIZB[~ CERTIFYING OFFICIAL TITLE APPLICANT ORGANI.~,TtON DATE SUBMI"~-ED Standard Fo~ 424B ('Rev. 7-97~ Bac~ 9, Will c~mply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeiasd Act {40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards-Act (40 U.S.C. §§327- 333), regarding labor standards for taderaliy-assisted construction subagraements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to pa~cipate in the program and to purchase flood insurance if the total cost of insurable construction and acquis~on is $10,000 or more. 12. 13. 14. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Environmental Policy ACt of 1969 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. program developed under the Coastal Zone Management ACt of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean AiO Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 17. underground sources of drinking water under the Safe Ddnking Water ACt of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species ACt of 1973. as amended (P.L. 93- 205). 18. Will comply with the Wild and Scenic Rivers ACt of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic dyers system. will assist the awarding agency in assuring compliance- with Section 106 of the National Histedc Preservatioh Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). Will comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance~ Will comply with the Laboratow Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." Will comply with all applicable requirements of ail other Federal laws, executive orders, regulations, and policies governing this program. :¸% SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZ.~.TION DATE SUBMI Standard Form 424B (Rev. 7-97) Back U.S. Department of the interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment. Suspension, and Other Responsibility Matters - Primary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause rifled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary E.~clusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification; in ail lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used or use this form for certification and sign, (See Appendix A of SubparLD of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See APpendix B of Subpart D of 43 CFR Part 12.) Certlflc~fion Regarding Drug-Free'Workplace Requirements - Alternate I. (Grantees Other Than individuals) and Alternate I1. (Grantees Who are Individuals) - (See Appendix C of Subpad. D of 43. CFR Part 12) Signature on this form provides for compliance with certification mquiremente under 43 CFR Parts 12 and 18. The certifications shall be treated as a matedat representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions CHECK__iF THIS CERTIFICATION ,~S FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective primary participant cert~es to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarrnent¢ dectared ineligible, or voluntarily excluded by any Federal depatt'ment or agency; (b) Have not within a three-year pedod preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti~ust statutes or commission of embezzlement, theft, forgery, bdbery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year pedod preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primsry pa~cipant is unable to certify to any of the statements in this certification, such prospective participant snail attach an explanation to this proposal. PART B: Certiricarion Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK__IF THIS CERTIFICATION IS [:OR A LOWER TIER COVERED TRANSACTTON AND IS APPLICABLE. (1) The prospective iowa,' tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this t~ansaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation te this proposal. PART C: CeCdficatlon Regarding Drug-Free Wor~plaee Requirements CHECK__IF THIS CERTiFfCA TtON IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate L (Grantees Other Than thdividaals) A. The grantee cedffies that it will or continue to provide a drug'free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is pmhibitad in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abase in the workplace; (2) The grantee's p0iicy of maintaining a drug-free workplace; (3) Any avaitabie drug counseling, rehabilitation, and employee assistance programs; and (4} The penalties that may be imposed upon employees for drug abuse vJotations occorfing in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of file grant be given a copy of the statement required by paragraph (a) (d) Notifying the employee in the statement required by Paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) N0th~' the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in wrffing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall inctude the identification numbers(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to paCdcipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State, or local health, law enforcement, or other aC)prepfiata agency; (g) Making a good taith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (~), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s for the performance of work done in connection with the specific grant: Place of Pertormapce (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. PART D: Certification Re~ardin,g Drug-Free Workntace Requirements CHECK__IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Alternate Il. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing,, possession, or use of a controlled substance in conducting any activity with the grant; · (b) If convicted of a cdminal drug offense resulting from a violation occurring dudng the conduct of any. grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notises. When notice is made to such a central point, it shall inctade the identification number(s) of each affected grant. r,~,~.~ ~.. ,.,erm~cal~on ~egar~l[ng Drug-FreeWor~placaRequirements CHECK__IF THIS CERTIFICATION IS FOR AN APPLICANT WHO I$ NOT AN INDIVIDUAL. AJtemate L (Grantees Other Than Individuals) A. The grantee cedJfies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, dis~'ibufion, dispensing, possession, or use of a centioiled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragrai:;h (a) that, as a condition of employment under the grant, the employee ,,viii - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a cdminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Not~¥ng the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to eve,~' grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a cen'~al point for the receipt of such notices. Notice shall include the identification numbers(s) of each affected grant; (f) Taking one of the following ac'dons, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking apprupdate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enfomemest, or other appropriate agency; (g) Making a good faith effor~ to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may inse~ in the space provided below the site(s for the performance of work done in connection with the specific grant: Place of Performapce (Street address, city, county, state, zip cede) Check__if there are workplaces on file that are not identified here. PART D: Certification Rec. lardin9 Drug-Free Workolace Reouirements CHECK__IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Alternate Il. (Grantees Who Are Individuals) (a) The grantee certifies that. as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If contacted of a criminal drug offense resulting from a viotation occordng during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee. unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shal[ include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification fl3r Contracts, Grants, Loans, and Cooperative Agreements CHECK.__IF CERTIFICATION IS FOR 77-1E AWARD OF ANY' OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT;; SUBCOf',FFRACT, OR SUBGRAIVT UNDER THE GRANT OR COOPERATIVE AGREEMENT CHECK__IF CERTIF/CA TI ON IS FOR THE A WARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that:. (1) No Federal appropriated funds have been paid or will be paid, by or on behaff of Be undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) ff any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the bnderaigned shall complete and submit Standard Form-LLL "Disclosure Form to Repor~ Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for alt subawards st all tiers (including subcontracts, subgrants, and ceet~acts under grants, loans, and cooperative agreements) and that subrecipJenm shall certif~ accordingly. This cert~cation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of [nis cerLification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required cerl~ficetion shall be subject to a civil penalty of not lees than $10,000 and not more than $100,000 for each such faiture. As the authorized certifying official, I hereby certify that the above specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TYPED NAME AND TITLE DATE EXHIBIT C SCOPE OF WORK WORK ELEMENTS The City of Dubuque will develop, publish, and distribute design review guidelines that will aid in the preservation ofthe City's historic districts. Recent inappropriate alterations of historic homes in Dubuque have pointed to the cdtical need for Design Review Guidelines. A task force of local citizens and members of the Historic Preservation Commission have recommended the development of design review guidelines for the historic districts. Commissioners and staff discussed that design review guidelines could make the job of the Commissioners easier and more efficient. Planning Services staff believe that design review guidelines for each district would make the job of staff easier and more efficient. Design guidelines would provide opportunities for streamlined staff sign-offs on certain types of projects that meet established criteria. Staff and commission have discussed cases in which staff sign-offis appropriate. An example is the replacement of an aluminum porch with a wooden porch that matches a porch shown in an old photograph of the building and that is appropriate for the structure's period of significance. These guidelines would be formulated using the Secretary of Interior's Standards and Guidelines for Restoration and Rehabilitation as a baseline and adding informative illustrations and other aides to help properly owners comprehend and follow the Design Review guidelines. The State will review and comment on draft and proposed final versions of the guidelines to insure compliance with Iowa CLG Program and Federal requirements. The most effective and useful design guidelines are those which were developed for a specific district or districts of like historic character, function, and contemporary pedods of significanca. The City of Dubuque will select one or several such locally designated districts for which design guidelines will be developed. To accomplish these goals, the City of Dubuque will undertake the following: Hire a histodc preservation consultant with demonstrated experience in design guideline development who meets the Secretary of the Interior's Professional Qualification Standards for Architectural History or Preservation/Historic Architect. The consultant will work with the local Project Director, Historic Preservation Commission, other City Staff and the public on all phases of the project.. Phase 1, Advance Preparation, will involve working with a consultant to prepare background information that will provide a basis for informed discussions. This phase will entail the consultant's review of existing regulations, historical research, and other materials in order to gain an understanding of the existing context. In addition, the City will form a volunteer Advisory Group to focus on guiding the project, to help recruit participants for the public workshop, and to ensure that critical, major interests of the community are represented. The Advisory Group will also serve as a data source and sounding board. The consultant and Advisory Group will select the historic district or districts for which the design guidelines will be developed. Finally, a refined schedule of meeting datas, deadlines for drafts and scheduled conference calls will be developed. Phase 2, Define Distdct Character and Goals, includes defining the existing character, identitying development trends that may influence its future, and establishing design goals for the areas. During this phase the following activities will occur. The consultant will conduct logistical meetings with city staff and the Advisory Group in order to identity goals, objectives and timetables for this phase. A key purpose is to gain an understanding of how staff and boards use the guidelines on a daily basis. Also, for the consultant to elicit input on the group's view of the district's character, development trends, and design goals. The consultant, city staff and the advisory group will tour the historic district(s) to identify design issues in the field. The tour will also include photo-documentation of design issues. The consultant will collect and copy historic photos and descriptions to use in this project and take supplementary photographs of existing conditions and issues in slide and print form, assemble various planning documents and acquire base maps. The final activity in Phase 2 is the public workshop for residents, property owners, professionals and interested citizens. It will be organized to provide an overview of the design guidelines process, define issues and explain the timetable of the project to the public. The meeting will introduce the concept of the design guidelines and present a range of design issues, problems and solutions in a slide show to establish a common base of understanding of the project. Basic goals and policies for guidelines will be developed that provide direction for the development of the guidelines that will follow in Phase 3. Participants will be asked to identify typical design problems that are encountered in the area. The consultant assisted by City staff will direct the workshop. Phase 3, Develop Draft Guidelines, involves developing an initial draft of the design guidelines. The draft design guidelines for the historic district(s) will cover topics such as lot and streetscape features, mass and scale, building materials, architectural features (e.g. doors, roofs, windows), parking and secondary structures, building additions and relocations, and new, infill developments~ The Guidelines will contain an annotated outline of design review issues. The outline will cover the following topics, as they relate to the design review guidelines for the Historic District (s): historical character of the district (s), description of building types and styles; identifying the character defining features of the building types or styles that are encountered in the histodc district (s); and goals for the design review and guideline process. The draft design guidelines will be sent to in advance to City Staff, Advisory Group, State Project Manager and State Preservation Architect for review and comment. Copies will be made available for public review and comment. Phase 4, Prepare final Design Guidelines. The consultant will schedule at least one conference call with the City Staff, Advisory Group, and State Project Manager and Preservation Architect to review the draft Design Guidelines. During the call, the consultant will review the draft Design Guidelines and answer questions. The purpose of the review conference calls will be to to cladfy, strengthen, or weaken design guideline language, Based on the verbal review and written comment provided by the State, Public and others, the Consultant will revise the draft. The revised draft will be submitted to the State for final review and approval prior to printing the final edition of the Design Guidelines. The consultant will submit a final print ready copy of the Design Guidelines to the City Staff for duplication, distribution and use. Phase 5, the CLG Project Manager and Historic Preservation Commission will hold a workshop for the p.ubiic to explain how the Design Guidelines will be used and illustrate their application in the development of projects within the historic district (s). All work on the project will conform to the "Secretary of the Interior's Standards and Guidelines for Preservation Planning, Registration, and Treatments for Histodc Preservation Projects", Federal Register of September 29, 1983; to the Fiscal Year 2000 Grants Manual For Certified Local Governments; and to the CLG's grant application submitted in August, 2000. The CLG financial officer is responsible for fiscal administration of the Grant. The CLG Project Director will be the Community Development Director who will work with the consultant in coordinating grant activities. Project Director responsibilities will include administration of the grant, scheduling of meetings, copying and distributing information from the consultant to the volunteers and others involved in the project. The project director will be responsible for developing and disseminating press releases about various grant activities. The project director will be the point of contact for all communications between the consultant, volunteers and the State Historical Society Project Manager. The CLG Project Director and consultant will oversee production of the products identified below. The CLG Historic Preservation Commission, elected officials, and the State will review and comment on the draft and final products. The Historic Preservation Commission will be responsible for furnishing the public with draft copies of products for review and comment. Changes directed by the State shall be made pdor to submission of the final versions of the products. PRODUCTS 14 The State will furnish the followinq: 1) One Histodc-Amhitectural database (HADB) encoding form; 2) Copy(s) of the final National Register of Historic Places nomination(s) for the selected historic district (s); The CLG will prepare the fotlowinq products: 1) Two copies of the draft Request for Proposals to be submitted to consultants; 2) Two copies of the draft subcontract agreement with the consultant; 3) Three copies of the fully executed subcontract agreement with the consultant; 4) A Phase 2 workshop involving the public in the development of the design guidelines; 5) A minimum of twenty five copies of the draft design guidelines. 6) The following acknowledgements will appear on the titte page of the draft and final versions of all publications produced under this grant: "This Project has been funded with the assistance of a matching grant-in-aid from the State Historical Society of Iowa, Community Programs Bureau, through the department of the Interior, National Park Service, under provisions of the National Historic Preservation Act of 1966; the opinions expressed herein are not necessarily those of the Department of the Interior" "This program received Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior stdctly prohibit untawful discrimination in Federally Assisted Programs on the basis of race, color, national origin, age or handicap; Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Deparlment of the Interior, National Park Service, P.O. box 37127, Washington, D.C. 20013-7127," 7) Two HUndred and fifty copies of the final version of the draft Design Guidelines; which will include one print-ready master copy; · 8) A Phase 5 workshop to train the public in the utilization and application of the design guidelines when developing restoration or rehabilitation projects in the histodc district (s); 9) Six copies of each mailing and any other promotional material,used to publize, promote, and invite the public to participate in the Phase 2 workshop, Phase 5 training workshop and to provide comment on the draft guidelines; 10) Two copies of a one-page report, summarizing the project results, as required for all grant-funded activities; and 11) One completed Historic-Architectural database (HADB) encoding form (provided by the State). The CLG will distribute the products as follows: 1) One copy of the draft Request for Proposals will be submitted to the State for review and approval prior to send to consultants; 2) One copy of the draft consultant subcontract will be submitted to State's project manager for review and approval prior to execution with the consultant; 15 3) The State will receive one copy of the fully executed subcontract; the consultant and CLG will retain copies for their respective files; 4) Copies of the first draft of the Design Guidelines will be submitted to the State (Project Manager), City Staff, CLG's Advisory Group, and the other interested publics, respectively, for review and comment; 5) Six copies of the final Design Guidelines wilt be submitted to the State; 6) Six copies of each mailing and any other promotional material, used to publicize, promote, and invite the public to provide comment on the draft guidelines and to participate in the Phase 2 and Phase 5 workshops shall be submitted to the State; 7) A minimum of five copies including one unbound, print-ready master copy of final draft Design Guidelines will be kept by the CLG; extra copies will be distributed to historic district property owners; 8) One copy of the one-page project report will be submitted to the State, the CLG will keep one copy; 9) One completed Historic-Arehitectural database (HADB) encoding form (provided by the State) will be submitted to the State. C. SCHEDULE Work under this contract will begin in the Spring of 2001, upon signing of the contract by the CITY OF DUBUQUE and the STATE. The CITY OF DUBUQUE is expected to begin work on the project within 20 days of receiving a copy of the fully executed contract, signed by the CiTY OF DUBUQUE and the STATE. The contract will end on or before June 30, 2002. Early completion of contract activities and submission of contract products is encouraged. Deadlines for contract activities are as follows: The CLG will return all three copies of the contract, bearing the chief elected-official's signature, to the State no later than February 15, 2001. State will return one fully executed copy to CLG no later than March 1, 2001 The recipient will submit the draft Request for Proposals and draft subcontract for consultant to the State for review and approval no tater than April 15, 2001. State will provide comments and approval no latar than May 15, 2001. The recipient will submit a copy of executed subcontract with consultant to the State no later than June 15, 2001. Contracted projects which do not have consultants under subcontract by June 15, 2001 witl be canceled. The recipient will submit the draft Design Guidelines and Annotated Outline of Design Review Issues for the State's review and comment no later than March 1, 2002. State will provide wdtten comment and approval of the draft report no later than April 1, 2002. The recipient will submit the revised draft Guidelines incorporating State and Public comment to the State for review and comment no later than May 1, 2002. The State will provide written comment and approval of the revised draft Guidelines no later than June 1', 2002. The recipient will submit final versions of the grant products by June 30, 2002. D. REIMBUI~SEMENT SCHEDULE Payments by the State shall be made upon receipt of billing invoices from the CLG that relate expenses being billed to budgeted expenses identified in Exhibit E. Each payment request will be audited 16 by the State to insure that sufficient progress has been made in support of the invoice. Timely submission of products is essential for reimbursement. Claims for reimbursement must be accompanied by a progress report. Claims and progress reports must be submitted to Lavon Grimes, Grants Programs Assistant. State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, Iowa 50319 - 0290. The following payment schedule shall be used: Approval of draft report: up to 70% of grant Approval of all products: 100% of the grant E. CO01~INATION This agreement Will be managed by the CiTY OF DUBUQUE in cooperation with the STATE. The CITY OF DUBUQUE will be represented the Project Director: Laura Caratens, $0 West 13~ Street, Dubuque, Iowa 52001, (3t9) 589-4.210 (day), (319) 557-8855 (evening), and the STATE will be represented by Kerry McGrath, Project Manager, Community Programs Bureau, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290, $'15/281-$826, Kerry. McGrath@dca.state. ia.us, and Cynthia Nieb, Grant Programs Manager. Routine information and technical guidance will be provided by Kerry McGrath, Project Manager. Lavon Grimes, Grant Programs Assistant (515) 242-6194, shall handle all accounting matters and payments. The CITY OF DUBUQUE's Project Director, Laura Caratens, will maintain continuous coordination with the STATE's Project Manager, Kerry McGrath, during the course of this contract. This will consist of a wriffen monthly progress report due on the 5th of each month. These reports will keep the STATE abreast of contract progress and serve as a vehicle for assessing performance of the contract. Progress reports shall be directed to Kerry McGrath. 17 EXHIBIT D BUDGET CLG FY 2001 Application for Historic Preservation Fund Grant-in Aid Pa~e 8 This project was completed on-time and all reports were submitted in a timely fashion. This was accomplished, in part, by involving the Historic Preservation Commission, the City Council, other City Departments and Commissions and community citizens. The City is also beginning work on an Historical Resource Development Program (HRDP) Grant (Contract No. 00-007) for Phase !1 of the City of Dubuque Architectural/Historical Context Survey and Evaluation. This project has been contracted to James E. Jacobsen, History Pays!, and Molly Myers Naumann, with a completion date established as January 15, 2002. Section tV: Proposed Project Budget Expenditure A. * B. ** Applicant's Match Projection Federal* Applicant's C. Cash D. In-Kind Consultant (salary & I $ 2,000.00 $5,000.00 $5,000.00 expenses) Design Guidelines Printing (draft copy) 250.00 Printing final copy 3,000.00 Guideline Distribution (postage) 750.00 Seminar 1,000.00 Clerical/Miscellaneous costs (Postage/phone) 500.00 Proje~ Oversight 500.00 $500;00 GRANT PROJECT Federal Total* Applicant Total $5,000.00 $500.00 TOTAL = $13,000.00 $7,500.00 ** $5,500.00 CERTIFICATION: I certify that the matching share proposed for this project does not include funding from other Federal sources, and that these funds are not being used as match ~y,, ,~°th~r Federal nt appli~l~on. AUTHORIZED SIGNATURE ~ * Column A - Grant, the total amount of COlumn A must not e~ceed 60% of total project costs. ** Column B - Match, this future must equal a minimum of 40% of total project costs. EXHIBIT D BUDGET This project was completed on-time and all reports were submitted in a timely fashion. This was accomplished, in part, by involving the Historic Preservation Commission, the City Coundl, other City Departments and Commissions and community citizens. The City is also beginning work on an Historical Resource Development Program (HRDP) Grant (Contract No. 00-007) for Phase [! of the City of Dubuque Architectural/Historical Context Survey and Evaluation. This project has been contracted to 3ames E. Jacobsen, History Pays!, and Molly Myers Naumann, with a completion date established as 3anuary 15, 2002. Section ~V: Proposed Projec~ Budget Expenditure A. * B. ** Applicant's Match Projection Federal* Applicant's C. Cash D. !n-Kind Consultant (salary & $ 2,000.00 $ 5,000.00 $5,000.00 expenses) Design Guidelines Printing (draft copy) 250.00 Printing final copy 3,000.00 Guideline Distribution (postage) 750.00 Seminar 1,000.00 Clerical/Miscellaneous costs (Postage/phone) 500.00 Project Oversight 500.00 $500.00 GRANT PRO.1ECT TOTAL Federal Total* Applicant Total $5,000.00 $500.00 = $13,000.00 $7,500.00 ** $5,500.00 CERTIFICATION: I certify that the matching share proposed for this project does not include funding from other Federal sources, and that these funds are not being used as match against any other Federal grant application. AUTHORZZED S!GNATURE * Column A - Grant, the total amount of Column A must not exceed 60% of total project costs. ** Column B - Hatch, this future must equal a minimum of 40% of total project costs. 20 CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Confirmation of Facilitator for Downtown Vision Process Plannkng Services Manager Laura Carstens is recommending thru the City accept an offer from the Iowa Department of Economic Development to provide Patrick Callahan as the Facilitator for the Downtown Vision Process. This will save the City about $7,500 in this project, I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 14, 2001 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Confirmation of Facilitator for Downtown Vision process Attached for consideration by the City Council is a draft letter from the City of Dubuque and Dubuque Main Street Ltd. to the Main Street Iowa Office of the Iowa Department of Economic Development (IDED). This letter serves as confirmation of the facilitator that IDED has agreed to provide for our Downtown Vision process. The Downtown Vision process is the first step in creating a comprehensive downtown plan. The idea of creating of a comprehensive downtown plan originated at the February, 2000 "Housing Action Conference". The concept has subsequently been carried forward by the Downtown Planning Committee of the Long Range Planning Advisory Commission, at the direction of the City Council. The anticipated budget for the Downtown Vision process is $50,000, with $30,000 recommended to come from City funds, and $20,000 to be raised from state and private sources. IDED has agreed to provide the services of Patrick Callahan, who is under contract with the Main Street Iowa Office to assist cities with economic development, as the facilitator for the Downtown Vision process. Pat's services would be provided without a fee, which is about a $7,500 in-kind contribution by the State. Pat is the former city manager of Maquoketa, and has worked with several members of the Downtown Planning Committee. We believe that he will be an excellent facilitator for the Downtown Vision process. On behalf of the Downtown Planning Committee, I recommend that the City Council authorize the Mayor to sign the joint letter to IDED for the City and Dubuque Main Street, confirming the facilitator to be provided by IDED for the Downtown Vision process. Attachment Icarster~p/Counci~lDED.mem.doc February 19, 2001 Sue Lambertz and Jane Seaton Main Street Iowa Office Iowa Department of Economic Development 200 East Grand Des Moines, IA 50309 Dear Ms. Lambertz and Ms. Seaton, On behalf of the City of Dubuque and Dubuque Main Street, Ltd., we would like to jointly_ thank the Main Street Iowa Office of the Iowa Department of Economic Development for approving our use of Patdck Callahan as a facilitator for our new initiative to create a shared community vision for a Comprehensive Downtown Plan. We would also like to verify with you our proposed use of Pat's assistance. Specifically, we will use Pat's support to facilitate two community meetings; to help create a draft vision statement, elements and goals/objectives by analyzing existing planning documents and input from the first community meeting, as well as a citizen survey; to test and modify the draft vision at the second community meeting; and to coordinate a reactor group validation process. This process should commence in the late summer/early fall 2001. Dubuque has conducted a number of studies and visioning plans in individual downtown districts and for specific issues; however, with this concept originating at a community- wide 'Housing Action Conference' in February 2000, it is time to assess a total Vision with reality and relative to these e~sting plans. We look to author a shared vision for Downtown Dubuque - ~Vision Downtown," and ultimately create a comprehensive master plan based on the Vision and the assessments. We want to draw a strong cross-section of citizens for this participation-oriented, all- inclusive program. The Iowa Depa~;~.ent of Economic Development's involvement immediately gives the process credibility, and will assist us in making this visioning effort a highly participatory event. To complement the assistance we will receive from the Main Street Iowa Office, we have garnered financial, in-kind and/or voluntary commitments from the City of Dubuque, Dubuque Main Street, the National Main Street Center, the Dubuque Area Chamber of Commerce, several local utilities and the City's Long Range Planning Commission and Downtown Planning Committee. Page 2 of 2 Should you have any questions or need additional information about this process or request, please contact Dan LoBianco, Dubuque Main Street, at (319) 588-4400 or Laura Carstens, Planning Services Department, City of Dubuque, at (319) 589-4210. Sincerely, Terrance M. Duggan, Mayor City of Dubuque Linda Herbst, President Dubuque Main Street cc Dubuque City Council Dubuque Main Street Ltd. Board of Directors Downtown Planning Committee Michael Van Milligen, City Manager Laura Carstens, Planning Services Department Dan LoBianco, Dubuque Main Street Icarsten/wp/Cou ncil/I DED.It r. doc CITY OF DUBUQUE, IOWA MEMORANDUM Febmary 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Management Agreement for Bunker Hill Golf Course Leisure Services Manager Gil Spence is recommending approval of a new Management Agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course. I concur with the recommendation and respectfully request Mayor and City Council approval. M lhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Management Agreement for Bunker Hill Golf Course INTRODUCTION The purpose of this memorandum is to recommend that the City Council enter into a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course, for the period beginning March 1, 2001, and ending November 30, 2001. DISCUSSION The attached agreement represents the change in operational structure of the Bunker Hill Golf Course approved by the City Council. The city is assuming the responsibility of the operation of the pro shop, concessions and golf carts, which had been the golf pro's responsibility. I have reviewed this agreement with Personnel Manager Randy Peck, Corporation Counsel Barry Lindahl, and George Stephenson, and everyone agrees we have accurately captured the duties and responsibilities of the golf professional position. With this change in operational structure we have reduced the golf pro's means of generating income for himself so his salary has increased from $10,950 to $55,000. This salary is based on the salary and benefits of the golf course superintendent. The Park and Recreation Commission reviewed and approved the agreement at their February 13th meeting. ACTION STEP The action requested is for the City Council to approve the management agreement with G.M.S., Inc. and authorize you to sign it. GDS:et attachment MANAGEMENT AGREEMENT FOR BUNKER HI~,L GOLF COURSE Between THE~ CITY OF DUBUQUE and G.M.S., INC. (George Stephenson) This Agreement, executed in duplicate, made and entered into this 1st day of January, 2001, by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and G.M.S., Inc. (George Stephenson)(Golf Pro), whose address for the purpose of this Lease is Bunker Hill Golf Course, 2200 Bunker Hill Road, Dubuque, Iowa. WHEREAS, the City is engaged in the operation and maintenance of the public facility called Bunker Hill Golf Course and the City desires to engage a competent and qualified golf professional to manage certain services at Bunker Hill Golf Course; and WHEREAS, the Golf Pro is desirous of procuring from the City the right to manage the services and is a competent and qualified golf professional willing and able to manage the said golf course and qualified to provide the requisite services associated therewith; and WHEREAS, the public interest and welfare will be served and the facilities of Bunker Hill Golf Course materially enhanced by the City entering into this Agreement with the Golf Pro who will manage certain services to the public patronizing the golf course. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, it is agreed by and between the parties hereto as follows: 1. TERM OF AGREEMENT. The City grants to the Golf Pro for a period of nine months beginning March 1, 2001, and ending November 30, 2001, the right to manage the Bunker Hill Golf Course upon the terms and conditions set forth herein. 2. DUTIES OF GOLF PRO. The Golf Pro shall: a. Schedule and supervise play at the Bunker Hill Golf Cottrse; b. Recommend to the Leisure Services Manager for hire and supervise attendants to sell golf tickets, season passes, permanent tee times and tournament fees to golfers, all at the expense of the City. The attendants shall be on duty continuously during golfing hours_ on all weekdays, Saturdays, Sundays and holidays during the golfifig seasoni ' c. Supervise the operation and maintenance of the concession room for the sale of soft drinks, confections, beer, liquor and food, consistent with the laws and regulations of the City of Dubuque and the State of Iowa. The Golf Pro and Leisure Services Manager shall establish a price list prior to March 1st for such items sold at the concession room, and such prices shall be in effect unless the Leisure Services Manager makes changes. The concession operation shall include a general line of beer, mixed drinks, food, etc., such as are commonly found available in similar places. The concession room shall be open and available to the public at times and hours each day during the golfing season as established by the Leisure Services Manager. Evening closing shall not be later than 11:00 p.m., unless reserved for special events. d. Keep the golf carts in a clean condition. A sufficient number of motorized golf carts will be provided by the City to meet the needs of the public. The following guidelines shall be used in renting motorized golf carts: (i) Carts shall not be rented to any person not holding a validly issued motor operator's license. (2) The Golf Pro shall not permit more than two (2) persons to occupy any motorized golf cart. (3) Liability release forms approved by the Leisure Services Manager shall be signed by each golf cart operator prior to operating a cart. The Golf Pro and the Leisure Services Manager shall establish ail fees to be charged for renting motorized golf carts. e. Collect for the City all green fees, permanent tee time fees, season pass fees and tournament fees and promptly remit the same to the City in accordance with policies adopted by the City. f. Make a hue and accurate report of all green fees, season pass fees, permanent tee time fees, and tournament fees collected and account'mg for all tickets, etc., issued by pro shop for sale on a daily basis, on forms provided by the Leisure Services Manager. g. Cooperate with City employees who have the obligation of maintain~g the golf course. The Golf Pro shall keep the premises and the area contiguous to the building in a tidy and presentable condition at all times. The Golf Pro shall use reasonable diligence to clean any other area where refuse accumulates from or is caused by the concession operation. h. Make a hue and accurate report of all pro shop sales, concession sales, and cart rentals on a daily basis on forms provided by the Leisure Services Manager. 2 i. Deposit nightly any money collected for or on behalf of the City. The Golf Pro shall be responsible for the loss of any money collected and for any property belonging to the City, and for the failure of the Golf Pro or the employees to fully, maly and accurately account any money collected for the City. j. Keep the premises (snack bar, pro shop, rest rooms, pro office, storage areas) and the area adjacent to the building in a tidy and presentable condition at all times. The Golf Pro shall make sure the premises and equipment are thoroughly cleaned and remove products to proper storage, within seven (7) days of the golf course closing. The Golf Pro shall me his best efforts to prohibit any unlawful or disorderly conduct on the premises, and he shall assist the City in enforcing all the rules and regulations of the City/County Board of Health. 3. INDEPENDENT CONTRACTOR RELATIONSHIP; COMPENSAT/ON. The relationship between the City and the Golf Pro shall be one of independent contractor and not one of employer and employee. The compensation of the Golf Pro shall be a total of fifty-five thousand dollars ($55,000.00) to be paid by the City to the Golf Pro in biweekly installments for the period from March 1, 2001 to November 30, 2001. The City shall pay the Golf Pro's dues/membership to the National Golf Foundation, and U.S.G.A. The Golf Pro shall receive any retirement incentive associated with the purchase of pro shop merchandise. Either the Golf Pro or the Assistant Golf Pro shall be present at all times the golf course is open, unless otherwise approved by the Leisure Services Manager. The Golf Pro shall be permitted to give lessons in the designated area. 4. GOLF PRO'S PROFESSIONAL ACTMTIES. The Golf Pro shall be permitted reasonable time for participation in golf tournaments and other professional activities such as schools and seminars, which are necessary to maintain and improve his professional status. It shall be a condition of this Agreement that the Golf Pro shall remain a class "A" P.G.A. member. 5. SUPPLH~S AND EQUIPMENT. The Golf Pro shall purchase for the City all supplies and equipment used in the pro shop, concession area and cart concessions, with the prior approval of the Leisure Services Manager. 6. ATTENDANTS AND OTHER EMPLOYEES. The Golf Pro shall recommend to the Leisure Services Manager for hire, at the City's expense, supervise and schedule rangers to assist at the golf course dur'mg times of increased play. The Golf Pro shall recommend to the Leisure Services Manager for hire and supervise and schedule the assistant golf pro and concession manager and all employees necessary for the efficient operation of the clubhouse and the pro shop 7. TOURNAMENTS. The Golf Pro shall be responsible for organizing and conducting at least three junior, tbxee women's and three men's tournaments during the term of this Agreement. The tournaments shall be designed to promote the use of the Bunker Hill Golf Course and shall be subject to the approval of the Leisure Services Manager. 8. PERSONAL PROPERTY. Any personal property of the Golf Pro on the premises covered by this Agreement shall be maintained at the risk of the Golf Pro, and the City shall not be liable for any damage, either to person or property, sustained by the Golf Pro or other persons, due to any condition of the premises or any part or ap- purtenance thereof. 9. NONASSIGNABIL1TY. The Golf Pro shall not transfar or assign this Agreement or any of the privileges or premises herein without the written consent of the City. Each and every covenant and agreement herein contained shall extend to and be binding upon the Golf Pro's successors, heirs, administrators, executors and assigns. 10. RIGHTS AND REMEDIES OF PARTIES. The various rights, powers, options, elections and remedies of either party provided in this Agreement shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled, as long as any default remains in any way uuremedied, unsatisfied or undischarged. 11. MODIFICATION OF AGREEMENT. None of the covenants, provisions, terms or conditions of this Agreement to be kept or performed by the City or the Golf Pro shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties. This Agreement contains the whole agreement of the parties. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by the City for any reason, with or without cause, upon three (3) days' written notice to the Golf Pro. The Golf Pro may give notice of intent to tem~inate this Agreement for a material breach of the Agreement by giving the City written notice thereof, and if the City falls to correct such breach within thirty (30) days thereafter, this Agreement shall be deemed terminated. Upon termination of this Agreement, the Golf Pm agrees to immediately vacate and surrender the portion of the building allocated to him for the operation of the Agreement and to remove his personal property therefrom, and to deliver possession of the premises to the City in as good condition as the premises were in at the commencement of the term of this Age, cement, unavoidable wear through careful use and damage by fire or other casualty beyond the control of the Golf Pro excepted. All equipment and other property of the City on the premises shall remain the property of the City after the termination of the Agreement. An inventory of City properties shall be performed before release. It is expressly understood and agreed that this Agreement is not a lease or a conveyance of realty, but is merely the grant'mg of the right to conduct certain activities and to provide certain services for the benefit and convenience of the public. The rights and obligations of the parties under this Agreement shall end with the effective day of the termination of this Agreement, except that the Golf Pro shall be responsible for any damages or losses attributable to his acts while in possession of the premises. 13. SUPERVISION BY LEISURE SERVICES MANAGER. The Leisure Services Manager and the Golf Pro shall cooperate each with the other to promote the most efficient use of the golf course. The Golf Pro shall report directly to the Leisure Services Manager, or such other person as may be specified by the Leisure Services Manager of the City of Dubuque, Iowa. 14. INSURANCE. The Golf Pro shall obtain and maintain during the term of this Agreement insurance as set forth in the attached Insurance Schedule. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DUBUQUE By_ Michael C. Van Milligen City Manager G.M.S., INC. By George Stephenson 5 INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carder authorized to do business in Iowa and a carder that has received a rating of A or better in the current Besfs Rating Guide. 2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. 3. Golf Pro shall have his insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. 4. Golf Pro shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Linfit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Linfit (any one occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/ products/completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days~ written notice of change or cancellation. CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Calendar Year 2001 Urban Revitalization Program Applications Acting Community and Economic Development Director Pam Myhre is recommending approval of the eligible tax exemption applications that have been filed as part of the 2001 Urban Revitalization Program. I concur with the recommendation and respectfully request Mayor and City Council approval. Mfchae-1 C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUB J: Michael C. Van Mill~ Pamela Myhre~lty and~/donomic Development Calendar year 2~01 Urban Revitalization Program Applications Director INTRODUCTION This memorandum presents for City Council consideration the following resolutions related to the 2001 applications for residential property tax exemption: 1. Resolution approving timely residential property tax exemption applications filed in accordance with the Urban Revitalization ordinance and directing that the approved applications be forwarded to the City Assessor. 2. Resolution approving late-filed residential property tax exemption applications filed in accordance with the Urban Revitalization ordinance and directing that the approved applications be forwarded to the City Assessor. BACKGROUND In 1980, the City Council established, under the gaidelines set forth In Chapter 404 of the Code of Iowa, Dubuque's first two Urban Revitalization Areas - Jackson Park Urban Revitalization th Area and W. 11 Street Urban Revitalization Area. In 1981, the City designated the Washington Street Urban Revitalization Area and in 1995, designated the Upper Main Urban Revitalization Area. The Garfield Place Urban Revitalization Area was designated as an Urban Revitalization Area in 2000. The Stout Place (Iowa Inn) area was designated in 1998, and the Council will hold a Public Heating on March 5, 2001 to extend the duration of this Urban Revitalization area past 2001. Additionally, a number of other small areas have been designated over the years, but these designations have expired. The purpose of the Urban Revitalization legislation is to attract development to specific areas, which might otherwise continue to deteriorate, thereby stabilizing and eventually increasing the tax base within those areas. The exemptions are intended to stimulate private investment by reducing the tax increases that would normally result from making improvements to residential property. Process Applications for tax exemption are accepted antil February 1 of each year. The Community and Economic Development Department reviews applications to ensure properties are located in a designated area. The Building Services ancot the Housing Services Depar~ent then completes an inspection of the property to determine if the improvements have been completed and are in general conformance with the area plan. Applications are presented to the City Counail for consideration. If the City Council finds them to be in compliance with the appropriate urban revitalization plan, they are forwarded to the City Assessor who inspects the properties, determines the assessable value of the new improvements and transmits this nifor~ation to the County Auditor. Applications must be received by the City Assessor by March 1 to receive the tax abatement. The tax exemption is for a period of 10 years and represents 100% of the assessed valuation added by the qualifying improvements. Late filing In 1994, each Urban Revitalization Area Plan was amended to include a provision which permits the City Council to accept applications for improvements made in prior years, providing the improvements are in general conformance with the plan. The property is eligible for property tax exemption as above, but for only the remainder of the 10 year exemption period which began with the initial assessment year. DISCUSSION On or before February 1, 2001, a total of 14 applications were received. Of these 14 applications, 12 were timely applications, 2 were applications for prior years. One timely application upon review by Housing Services was determined not to conform with the Urban Revitalization Area Plan. RECOMMENDATION I recommend that all eligible applications as included in the attached resolutions be approved and forwarded to the City Assessor for final review and determination of the amount of property tax exemption. ACTION STEP The Action Step is for the City Council to receive and file eligible tax exemption applications and this staffreport and adopt the attached resolutions. Prepared by: Jerelyn O'Connor, Neighborhood Development Specialist RESOLUTION NO. -01 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Jackson Park, Washington Street, West 11th Street, Upper Main Street, and Garfield Place; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 2001, received tax exemption applications from the following property owners in the aforementioned urban revitalization district: West 11x Street Urban Revitalization Area Old Main Properties/Steven Gudenkauf, 1353 Bluff Street David and Joyce Banfield, 975 Center Place Pablo and Julie Ramirez, 1509-1511 Bluff Street Eck Real Estate, 1535-1537 Bluff Street Gall Yunk, 559 Chestnut Peter and Angela Eck, 646-652 W: 11® Street Peter and Angela Eck, 440 Loras Boulevard Washington Street Urban Revitalization Area Roger C. Welbes, 1946 Jackson Street Patricia Ginter, 1559 Washington Street Upper Main Urban Revitalization Area Kenneth J Moore and Linda L. Moore, 1199 Central Avenue Garfield Place Scott A. Porter, 511 Garfield Avenue Whereas, the Community and Economic Development Department, the Building Services and/or the Housing Services Division have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax exemption applications to the City Assessor. Passed, approved and adopted this 19st day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. -01 RESOLUTION APPROVING LATE FILED RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is fn:st claimed, yet provides for the acceptance, by Resolution of the City Council, of applications filed beyond the legislated deadline and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Jackson Park, Washington Street, West 1 lth Street and Upper Main Street; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 2001, received tax exemption applications for improvements made in previous years from the following property owners in the aforementioned urban revitalization districts: West 1 lth Street Urban Revitalization Area Gloria Ede, 640 W. 11L Street Gall Yunk, 559 Chestnut Street YEAR 1998 1998 Whereas, the Community and Economic Development Department and the Building Services and~or the Housing Services Division have reviewed the above-described applications and inspected the properties, and have deterrn'med that the applications and the ~mprovements conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-descr/bed tax exemption applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above-described tax exemption applications to the City Assessor. Passed, approved and adopted this 19~ day of February, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CityClerk CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Acceptance of Public Improvements for Clara Street Place Public Works Director Mike Koch is recommending acceptance of the public improvements that Mercy Medical Center has recently completed, and that maintenance of said improvements be the responsibility of Mercy Medical Center for two years from the date of acceptance. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM February 8, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Acceptance of Public Improvements for Clara Street Place INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, Mercy Medical Center, has recently completed. BACKGROUND As a condition of subdivision plat approval through Resolution No. 447-99, the developer of Clara Street Place was required to install certain improvements including street paving, storm sewer, sanitary sewer, and watermain, and to dedicate the improvements to the City upon completion. The developer of Clara Street Place, Mercy Medical Center, has recently completed the improvements and has formally requested the City's acceptance of the public improvements that have been installed. DISCUSSION The Subdivision Ordinance requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On December 14, 2000, Mercy Medical Center requested the City's acceptance of the improvements in Clara Street Place. Upon inspection by the City, it has been determined that all of the public improvements required by Resolution No. 447-99 have been completed in accordance with plans approved by the City Council and in conformance with City specifications. RECOMMENDATION I would, therefore, recommend that the City Council accept the improvements. Maintenance of said improvements shall be the responsibility of the owner, Mercy Medical Center, for a period of two (2) years from the date of acceptance by the City Council. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the improvements. Prepared by Ronald J. Turner, ?.L.S. cc: Bob Green, Water Plant Manager Don Vogt, Operations & Maintenance Manager Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ACCEPTING IMPROVEMENTS IN CLARA STREET PLACE Whereas, pursuant to Resolution 447-99, certain improvements including street paving, storm sewer, sanitary sewer, and watermain were installed by the developer of Clara Street Place; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements by accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Clara Street Place be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two (2) years from this date. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 1411.01 ]9003 ---------UNKNOWN ..-- Mao Apodia of D•A•O•I.9 Dubuque Area ra OEOOPAPHIC INFORMATION OYNiFM / 4 CLARA SDis er: ttds infamallouuas wmpladonghe DthueAr Ggrapc AsC Jorniam Swam(DAIS) 11mdentwd that, alto de Cita etpus utilized am most mai andaccu,Ie int¢mationxuilahk0.4GIS and its suppliers do notmatode ofIle iutarwat jnmaNacenleire retain Disdain CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Fischer Cold Storage Warehouse Asbestos Abatement Project Public Works Director Mike Koch is recommending acceptance of the construction contract for the Fischer Cold Storage Warehouse Asbestos Abatement project as completed by Advanced Technologies Corporation in the final contract mount of $3,200. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM February 12, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Fischer Cold Storage Warehouse Asbestos Abatement Project INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project. BACKGROUND On October 18, 2000, the City completed the Plastics Center, Inc. property acquisition which included the Fischer Cold Storage Warehouse and Carriage building. Tenants which occupied the property were given formal lease termination notices and have since completely vacated the property. Pursuant to the Development Agreement with Platinum Hospitality Group, Inc., the City is required to complete the demolition of existing structures and provide environmental site clearance prior to finalizing the property lease agreement. Prior to starting the demolition and site clearance project, all asbestos containing building materials were removed and disposal of from the Fischer Cold Storage Warehouse. DISCUSSION The asbestos abatement work has been completed on the project by Advanced Technologies Corporation of Cedar Falls, Iowa in the final contract amount of $3,200. RECOMMENDATION I would recommend that the City Council accept the improvement and recommend that the final contract amount be established at $3,200. BUDGET IMPACT The project cost for the Fischer Cold Storage Project is as follows: Total Project Cost Warehouse Asbestos Abatement The project will be funded with General Fund balances revenues over-budget and from DRA surplus distribution. ACTION TO BE TAKEN Bid Final $3,200 $3,200 from Fiscal Year 2001 The City Council is requested to adopt the attached improvement and establishing the final contract amount. resolutions accepting the Prepared by Robert D. Schiesl, Civil Engineer cc: Pauline Joyce, Administrative Services Manager Para Myhre, Acting Community and Economic Development Director Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ACCEPTING IMPROVEMENT Whereas, the contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FINAL ESTIMATE Whereas, the contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $3,200.00 and the said amount shall be paid from General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this day of .,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Saliva Street Reconstruction - Railroad Crossing Public Works Director Mike Koch is recommending a change from concrete panels to wooden railroad ties on portions of the S alina Street Reconstruction Project. I concur with the recommendation and respectfully request Mayor and City Council approval. IVYichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A, Koch, Public Works Director Salina Street Reconstruction - Railroad Crossing INTRODUCTION The following is a request for a change from concrete panels to wooden railroad ties on portions of the Salina Street Reconstruction Project. DISCUSSION The underground work on the Salina Street Reconstruction Project will commence around March, 2001. Work will begin with the cleaning of the storm sewer, the repair of the watermain, and the storm sewer installation that will cross beneath the railroad tracks. This work will require sections of the railroad track be removed so that the utilities may be replaced within the railroad's right-of-way. The project, as it was awarded, included asphalt paving between the rails. The Charter Street crossing and the cul-de-sac were to be precast concrete panels, at an approximate cost of $78,440. The railroad company is now recommending the concrete panels that were originally bid with the project be replaced with wooden ties between the rails. Given the high truck usage of this street, railroad personnel have indicated that there would likely be too much movement in the precast concrete panels to withstand the traffic. Wooden crossings would have a longer life in this application and would reduce the project cost by 842,440. According to Corporation Counsel, Barry Lindahl, the cost of the crossing at Charter Street should be that of the railroad. They should also pay for asphalt crossing at Camp. RECOMMENDATION I would recommend that the contract be modified to include two wooden timber crossings at the cul-de-sac and at Charter Street instead of precast panels. The railroad company has stated that it will only pay the cost for an asphalt crossing at Camp Street and for the timber crossing only at Charter Street. They have indicated that they will not participate financially on concrete panels since this is above the railroad's standards for new construction. ACTION TO BE TAKEN The City Council is requested to concur in the modification to Salina Street, MAK/vjd Prepared by Michael Felderman Q c Crossing by RaiRocd Crossing by Ci Ty AspncI Wooden I —Then cn L_ 0 CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Ho~orable Mayor and City Council Members Michael C. Van Milligen, City Manager Adoption of Supplement No. 48 to the Code of Ordinances City Clerk Jeanne Schneider is recommending adoption of Supplement No. 48 to the Code of Ordinances. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM February 8, 2001 TO: MichaeIVan Milligen, City Manager / FROM: Jeanne F. Schneider, City Clerk~ SUBJECT: Adoption of Supplement No. 48 to the Code of Ordinances INTRODUCTION The purpose of this memorandum is to submit to City Council a resolution adopting Supplement No. 48 to the Code of Ordinances of the City of Dubuque. DISCUSSION The attached resolution provides for the adoption of Supplement No. 48 which codifies Ordinances through Ordinance No. 105-00 passed by Council and enacted through December 4, 2000. Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc. and are received every few months. ACTION STEP The required action is for the City Council to pass the resolution adopting Supplement No. 48 as a part of the Code of Ordinances of the City of Dubuque. JFS/kmc Attachment RESOLUTION NO. ADOPTING SUPPLEMENT NO. 48 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council,, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and VVhereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 48 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 105-00 enacted through December 4, 2000 and prepared by the Sterling Codifiers, lnc, Weiser, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of February, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Sent by: CITY OF DUBUQUE 3t9 589 4149; 02/15/01 8:21AM;Je~lX#560;Pase 1/I February l4, 2001 Senator Charles Crrassley 135 Hart O'ffice Building Washington, DC: 20501 F)ear Senator Grassley: On behalf of the City Council of the City of Dubuque, ! would ask tbr your rigorous support of S. 88 regarding broadband access in rural and low.income areas. As Senate Finance Committee Chair, you are in a erueial position to bring ~brward this important legislation. As City Manager ora mid-sized lowa city located in a rural setting, Dubuque faces the cl~allenge of competing not only with other midwest cities already served by next generation broadband providers, but we must al~* campete internationally in this era of global telecommunications. The current state of telephony services in Dubuque is dismal. Local providers utilize analog switching capabilities. Universal digital switch service is simply not available. Local business and industry are t~tced with limited service and high costs. Recent discussions with local broadband service providers have identified certain constraints to providing next generation service to Dubuque. Cost, not surprisingly, is a primary i~ue when companies have more lucrative markets yet to capture. There is no incentive to provide full service to Dubuque because the internal rote of return to the broadband service providers is not sufficient for lhe investment required. The two-tiered tax credit benefit provided in S. 88 may well provide the needed financial incentive for private industry investment in the telecommunications infrastructure needed to bring the high-speed internet world to rural America -- which means places like Dubuque, Iowa. 1 urge your support of this legislation through your committee mid the full Senna. Dubuque, and all of Iowa, cannot afford to be left behind by a ,'evolution of access to inlbrmatiun and knowledge. Thank you, Senator Grassley, Ibr your continued efforts on our behalf. Sincerely, Michael C. Van Milligen City Manager MCVM:jh RESOLUTION NO. -0t NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Clark Retail # 2354 Clark Retail Enterprises,lnc 700 Rhomberg Av Passed, approved and adopted this 19th day of February ,2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk '~I 'enL:,nqnQ G. /\BOBS RESOLUTION NO. Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kids World Pizza Place/Fun Center Kid's World Pizza/Fun Center+(Sunday Sale) 3033 Asbury Rd CLASS "C" BEER PERMIT Clark Retail Enterprise, Inc Clark # 2354+(Sunday Sale) Lee W. Potter West Locust Mart Passed, approved and adopted this 19th day February, 2001. 700 Rhomberg Ave 405 West Locust Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk RESOLUTION NO. -01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS"C" BEER/LIQUOR LICENSE Melvin G. Spiegelhalter The Clubhouse+(Sunday Sale) Charles Steffen Tony's Place+(Sunday Sale) Passed, approved and adopted this 19th day of February, 2001 2364 Washington 1701 Central Ave Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk