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12 18 00 City Council Meeting PacketVACANCIES AND APPLICATIONS FOR CITY OF DUBUQUE BOARDS AND COMMISSIONS For Council Meeting of Monda_v, December 18. 2000 6:30 P.M. Public Library Auditorium APPLICANTS ARE INVITED TO ADDRESS THE COUNCIL ON...T._.~EIR P_~sSI~B~_...A.?P~!_NTMEN.T. HOUSING CODE APPEALS BOARD ~2Z3~_Y~:~Z~ which will expire 1-11-04 (Terms of Kinsella, Schaub & Swift) 3 VACANCIES APPLICANTS: William J. Kinsella, 2 Julien Dubuque Dr. #22, 52003 Robert Schaub, 1745 Embassy West #2, 52002 Edward A. Swift, 2060 W. Third SL 52001 APPOINTMENTS TO THE FOLLOWING COMMISSION TO BE MADFt A T THIS MEETING. · HUMAN RIGHTS COMMISSION -~ which will expire 1-01-04 (Terms of Drummer, Jackson, Giesen) THREE VACANCIES Raydora Drummer, 3672 Pennsylvania, N-180, 52002 Judith Haley Giesen, 1600 Lori Ct. 52001 Joseph A. Hopkins, 422 1/2 Loras Blvd. 52001 Evelyn E. Jackson, 2312 Pasadena Dr. #74 52001 . missions ,,,,, AIRPORT COM MISSION. 4 yr. Te~ t ENVIRON MENTAL STEiNARDS Hip Meet 3rd Monday 4:00 p.m - Airport ADV~ORY COMMISSION - 3 Yr. Term John Markham (Council Member) 01-15-01 Meet 1st Tues. 4:00 P-m. C',~ Nail Annex LB OAA~p p~3 AyPr .PTE: I 3 Yr' THeOrmU'S!~; Appt. 3 Yr. Te~r~ -~M~.et on Call , ELECTRICAL CODE BOARD Stephen V. Reisdorf 07-DI-01 l ZONING ADVISORY COMMISSION .t Rober~ K. Bush (Rehig. Wkr.) 03-1698 (Engr.) 03-I$-98 *David W. Grothe (Sht. Metal Wkr.) 03-16-99 § 26-8 DUBUQUE CODE and responsibilities to the extent of the authori- ty granted by the City Council. (b) Purpose: The Housing Code Appeals Board shall conduct hearings upon application by any person aggrieved by a notice and order of the Housing Officer issued in connection with a violation of the City of Dubuque residential housing code or of any applicable rule or regula- tion issued pursuant to the City of Dubuque residential housing code. The Board shall also review revised or additional definitions and procedures submitted by the Housing Officer and shall be empowered to adopt, reject or mod- ify same. (c) Membership; Terms Of Office; Vacancies: (1) The Housing Code Appeals Board shall be comprised of a membership of seven (7) persons who shall be appointed by the City Council for terms of three (3) years. All terms of office shall expire on Janu- ary 11 in their respective years. Reasonable efforts should be made to obtain representation of both tenant and landlord interests in the appointment process. (2) Upon completion of their term of office, members shah continue to serve in their full capacity until a successor has been duly appointed. (3) Vacancies on the Board caused by death, resignation or other reason shall be promptly filled by the City Council for the unexpired term of office. (4) The Board shall elect a chairperson and vice chairperson from its members at the first regular meeting of each year. (5) Members of the Board shah be residents of the City and may not be employed by the City. (d) Meetings: (1) The Housing Code Appeals Board shall meet at least quarterly and at such in- tervals as necessary in order to fulfill its purpose. (2) Members of the Board shah attend at least two-thirds (2/3) of aH regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such a prescribed num- bar of meetings, it shall constitute grounds for the Board to recommend to the City Council that said member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. (3) All meetings shah be held in confor- mance with the provisions of the Iowa Open Meetings Law. (4) The Housing Officer shall serve as secre- tary to the Board and shah render all decisions and findings in writing to the appellant. (5) The Housing Officer shall file with the City Council a copy of the minutes of each meeting of the Board within ten (10) working days after each such meet- ing. (e) Internal Organization And Rules: The Housing Code Appeals Board may adopt rules and regulations to govern its organizational procedures as it may deem necessary and which are not in conflict with this Chapter or other regulations of the City. (f) Procedures For Operations: Ail administra- tive, personnel, accounting, budgetary and pro- curement policies of the City shah govern the Housing Code Appeals Board in all of its opera- tions. (Ord. 26-89, § 2, 5-1-1989; Ord. 80-91, §§ 1, 2, 10-21-1991; Ord. 71-94, § 5, 12-19-1994) Sec. 26-9. Procedure For Hearing Appeal: (a) Application: Any person aggrieved by a notice and order of the Housing Officer issued in connection with any alleged violation of this Supp. No. 41 1582 CITY OF DUBUQUE, IOWA BOARD/COtvIMI$$1ON APPLICATION FO~ Individuals serving on ...... . Boards and Commissions play an ~mportant role n adwslng the Cotinc~ 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 slating 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 lime, 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). DAT E:..~_-~/_~ _x~..~ ~_,-~.~ ADvIsOrY BOARD~cOmmis.sION APPL¥1Nc F~..,.~.~ /__~. ~-~z._~ - --~--' _ BUSINESS: .,~,,~.~-F~//~:L~/~ ..,~.~,~A~DDRESS: ~_ %~'~'~.~ /_./~,,~ ~'~., ~ ,~",~C,'~ ~__.~:~ "~' OCCUPATION: /~ ~ ~ POSITION WITH COMPANY: ~ Home PHONE-.~/~ ~-~ .~/~r~.~ BUsINESs PHONE: ,,~-~-;__ EXPERIENCE, EDUCATIC~ AND TRAINING WHICH YOu FEELGIUALIFY Y-~OU FOR THIS BOARD/ / / / WHAT CONTRIBUTIONS DO YoU FEEL YoU CAN FOR APPLYING) ~.z~.,~,'~ MAKE TO THIS ADVISORY BOARD (OR STATE REASON LIST TWO kLrI:KENCES: S~a~en~On ~oug b~ di~ to ~ible confli~ of in~ For ~her clarification, if a si~lion an~, con~ the appropriate 5~ff ~onnel or L~ S~ff. A~ you currently If ' ' , · ~Lqu~t~%~ ~.~ ae*~ ~e, C.~.~., ~~, Oua.que, ~a ~001 jnone ~lZ~ ALL ~ES WILL BE DROP~ FROM T~ U~ A~ER A ONE Y~R PERI ~ · ~ /) ~__~ OD. CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION Individuals serving on Boards and Commissions play an important role in advising the ~C~u~il -o ~ on matters of interest to our community and its future. -__ © ~ ~ o' . . :~ ~ ~7 The City Clerk's ffice, City Hall, accepts apphcatlons for any Board and/or Commission aL~ny t~e, 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 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: NAME: ~ ~ G ~ ~ t~ _~ fi ~ ~L ADDRESS: BUSINESS: ~ ~ ~ I ~ ~d OCCUPATION: ADDRESS: POSITION WITH COMPANY: BUSINESS PHONE: EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: WHAT CONTRIBUTIONS DO ~i'OU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) LIST TWO REFERENCES: NAME: ~',-'~ ~. p~o~" ADDRESS: S~ific a~n~on sh~M ~ di~ to ~ible conflict of intere~ For ~her clarification, if a si~ation an~, con~ ~e ~pr~ate S~ff pe~onnel or L~al S~ff. Are you cur~ntly ~ing on a C~ Boa~ or Commission: ~ I~ If qu~ons, con~ ~e C~ Cle~'s O~ce, Ci~ Hall, 13~ & Cen~l, Dubuque, IA 52001 Phone: 58~120;~LL N~ES WILL BE DROPPED FROM THE LIST A~ER A ONE Y~R PERIOD SIGNATURE CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION Individuals serving on Boards and Commissions play an important role in advising the on matters of interest to our community and its future. The City Clerk's Office, City Hall, accepts applications for any Board and/or Comm~ss,on a~any t~.e, ~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 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: / ~,/~s ~/~ ADVISORYBOARDICOMMISSIONAPPLYINGFOR: /~/~,~t~,~ ~,~. /~/~.~ /~-~,~ NAME: BUSINESS: OCCUPATION: HOME PHONE: ADDRESS: -~ ADDRESS: POSITION WITH COMPANY: BUSINESS PHONE: EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: ~ ~ ~_ /~.~Z,~ .~.,~.~_~/,~.~..~.,.~._ ~..~.L/..~.,~.-,~ ~ WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ~..,.,~O_~...~:--~.,~3,~._,LT ~ ~ ~'~~_,~L .... ;~. ~ ~ LIST TWO ReI-I:KENCES: NAME: 7~,,..~-~ ~ ADDRESS: / ~ ~ ~-" ~ NAME: /C~ ~..~ ADDRESS: / ~ ~ ~ S .peciflc attention should b~. directed to possible conflict of inter~, 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~ 13fl~ & Central, Dubuque, IA 52001 Phone: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD ]'ItJMAN RELATIONS § 27-22 otherwise of such accommodation upo~ the operation of the facility; (3) The overall financial resources o[' the covered entity; the overall size of the business of a covered entity with respect to the numbar e£ its employees; the ~unc,~ b~r~ type, and location of its facilities; and (4) Tile type of operation or operations of thc covered entity, including the eom- position~ strncture, and functions o~ the work force of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities iu question to the covered entity. U~fair Praeiice Or Discriminatory Practice: Those practices specified as unfair or discriminatory in Article IV of this Chapter~ (1976 Code, § ~1-1; Ord. 34-92, § 1, 5-18-1992; O~?d. 89~96, § 1, 7-1-]996) Sees. 2%2-2%15o Reserved: ARTICLE IL HUMAN RIGHTS COMMISSION Se~, 2%1f~. Created: The~'e is hereby created a Human Rights Cemmls~iou. (1976 Code, § 21-16) See. 2%17. t3~mpositlen: Tho Cmnmission created by this Article shall consist of nine (9) members. (1976 Code, § m47) Sec. ~7~18. Appointment; Terms; Filli~ff Of Vacancies: ~[][uman Rights Commission members sh~ll be appointed by the City Council for terms of three (3) years each and shall serve thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into con- sideration the various racial, religious, cultural and social groups of the City. (1976 Code, § 21-18) Sec. 2%19. Officers: The Commission created by this Article shall elect from its own membership, at its regular March meeting, its chairperson and vice chair- person, each to serve a term of one year. The chairperson shall appoint a secretary, who need not be a member of the Commission. The Com- mission shall fill vacancies among its officers for the remainder of the unexpired term. (1976 Code, § 21-19; Ord. %96, § 2, 2-19-1996) Sec, 27-20. Compensation: The members of the Commission created by this Article shah serve without compensation; provided, that, they may receive reimbursement for necessary travel, and other expenses while on official Commission business, and such shall be within the limits established in the City budget. (1976 Code, § 21-20) Sec. 27.21. Removal Of Members For Unexcused Absences: In the event a member of the Commission created by this Article has been absent for three (8) or more consecutive meetings without being excused by the chairperson, the Commission by majority vote may certify such fact to the City Council and petition the City Council to declare a vacancy by reason of such unexeused absence and appoint a successor to fill such vacancy. (1976 Code, § 21-21; Ord. 20-93, § 1, 4~19-1993) Sec. 27-22. Rules: The Commission created by this Article may adopt, amend, or rescind such rules as may he necessary for the conduct of its business. (1976 Code, § 21-22) No, 31 1649 DI2BUOHF IOWA BOARD/COMMISSION APPUCATION - © Individuals serving on Boards and Commi~ions play an important role in advising the Cot~c~ '~' ~'~ 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 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: ~o~ 27, 2000 ADVISORY BOARD/COMMISSION APPLYING FOR: Hm~n Rights Co~r~ion NAME: Duvdora ~ BUSINESS: L~versitv of Dubuque OCCUPATION: ~llege A~Lrd_s~ator HOME PHONE: (319) ~ - 6221 ADDRESS: 3672 Pennsylvania, N-180 Dubuque, Io~ 52002 ADDRESS: 2000 University Avenue Dubuque, Iowa 52001 POSITION WITH COMPANY: Pean of Student life BUSINESS PHONE: (319) 589 - 3270 EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: I have served as a volunteer on various city committees and organizations since moving to Dubuql~. Currently my activities include: Ccmmmity Y Board of Directors, l~AP-(Dubuque Commmity Advisory Panel), Vice President Duhaone (]mDter N.A.A.C.P.: Along with nu~eroue fs~l~lty/staff committees at the Uoiversity of Dubuque. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) A concern for supporting the rights of all citizens is what ccmpela me to ~gnt to contribute to the efforts of this Ca,mission. While serving on the Htmmn Rights Commission over the last three years, I have enjoyed giving my. input towards achieving positive comnunity gosls. LIST TVVO REFERENCES: NAME: Mr. Tuem Detenrmn ADDRESS: 2685 Kaufmann Avenue Dubuque, Iowa 52001 NAME: Mrs. Ruby Sutton ADDRESS:861 Air Hill Street Dubuque, Iowa 52001 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: Ye~ - ~m~n Rights COnT~ission for tb~ ?at thr~ years 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 //~~ ~~ CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FORM Olndividuals serving on Boards and Commissions play an important role in advising the Council 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 ~0r 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: ~)~~7_~O, ~--~ ADv,s Y BO. ARD/COMM,SSI;.?LY, NG FOR: OCCUPATION: / OSmON WITH COMPANY: HOMEPHONE: ,~--~-7~ ~2--?? BUSINESS PHONE: ~-~'3-~--~1~ ~ ~ /~7 ~PERIENCE, EDUCATION AND 7RAINING WHICH YOU~EEL QUALIFY YOU FOR THIS BOARD/ CO==~SS~ON:/. ~~ ~ ~~,~-~ ~o~/ w.~r co.~.~su~o.s ~o You ~ You c~. ~ ~o ~H~S ~w~.v ao~.~ ~o. s~ R~SON FOR APPLYING) ~, ~ ~ .~_..~< ~. ~~~ ~_~ LIST TWO REFERENCES: r 6~) S~ecific attention shoul~e directed to po~ible conflict of interest. For fu~er ~at~~n arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: ~-~ If questions, contact the C~ty Clerk s Office, C~ty Hall, 13th & Central, Dubuque.',~520 P~one: ~s~,~ ALL.*~ W,~ ~ ~"O"~ ~O~*.~ ~,~* ~. SIGNATURE CITY OF DUBUQUE. IOWA ~o BOARD/COMMISSION APPLICATION FORM ~ c~ Individuals serving on Boards and Commissions play an important role in advising the Co~c~' r~ C') on ma~ers of interest to our community and its future. ~ ~- ~ ~e City Clerk's Office, CiW Hall, accepts applications for any Board and/or Commissio~y fi~, an~ that application stays a~e for one year from the date of receipt in the Clerk's Offie~ ~ ~ ~ At the appropriate re~ariy scheduled council meeting, applications will be subm~ed to the ~W ~ for their review and applicants are encouraged to address the Council ~afing their reasons for wa~ng to se~e on this pa~cui= commission. Applicants will be advised when the application .is being pres~ted. Appointment(s) will be made at a later meeting. Applicants will be not,ed as to ~e o~come of ~e Council's action. If n~ appointed at that time. this application will cont~ue to be resubm~ed, as needed, as long as ~e application is active (unless the applicant advises they are no longer i~msted). BUSINESS: ADDRESS: OCCUPA~ON: PoSmON WITH COMPANY: HOME PHONE: ~ -~ BUSINESS PHONE: ~PERI~CE. ~CA~ON ~ND ~AIN~ WHICH YOU ~ QUAM~ YOU FOR THIS WHAT CONTRIBUTIONS DO ~/'QU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR S~T~A~'E REASON FOR~P, PL¥~N~) ~j ...... ~ - / j-~-- arises, contact the apprapfiate Staff personnel or Legal Staff. Are you cu.end~ se~ng on, City Board or Commission: /~ 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 A~iI=R A ONE YEAR P~.~,.0D. City Clerk's Office 50 West 13th Street Dubuque, Iowa 520014864 Phone: (319) 5894120 Fax: (319) 589-0890 May 16, 2000 The Council and staff are appreciative of your interest in serving the City. the time and effort involved in making yourself available for this positior~, Joseph Hopkins 422 1/2 Loras Dubuque, IA 52001 Dear Mr. Hopkins: I am sorry to inform you that you were not appointed to the Human Rights Commission at last night's City Council meeting. Your application will continue to stay on file and will be submitted to the Council if there is another vacancy in the next short period of time. Thank you for kmc Sincerely, Jeanne F. Schneider City Clerk Service People Integrity Responsibility Innovation Teamwork Honorable Mayor and City Council Members: We wish to endorse the appointment of Joseph Hopkins for the Dubuque Human Rights Commission. We need a person on this commission who is committed to the betterment of his neighborhood and the city of Dubuque. Joe and his wife Melissa have given endless hours of volunteer time to after-school programs for children and to the Red Pony Saturday free classes for children in art, music, dance and puppetry in the downtown neighborhood. Joe is not a person of abstract theory or political slogans. He has a practical approach to solving problems and works well with others. He is a good neighbor, a good friend and a good member of the community. He is reliable, friendly, and honest. He will be an excelle'nt, contributing member of the Commission. CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION Individuals serving on Boards and Commissions play an important role in advising the C~n~, ~ on matters of interest to our community and its future. -- ~,~ The City Clerk's Office, City Hall, accepts apphcatmns for any Board and/or Commission at'ny t~me, 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 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: //-.~7- ~ ADVISOR.~ BOARD/COMMISSION APPLYING FOR: ~//4.~-'>~-z~--~" ~/'~__~ BUSINESS: /~/~,'~ ~ ADDRESs: OCCUPATION:~ '~.~/ ~'~-~-~-' POSITION WITH COMPANY: HOME PHONe ~g~- © ? ~ ~,' BUSINESS PHONe ~C EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ WHAT CONTRIBUTIONS DO ~'OU FEEL YOU CAN MAKE TO THJS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ~u ~c.~ ~ ~ ~f/~/~ ~ ~ e~~ (~ ~ S~ific a~on s~u~ dlr~ tu p~ible conflid of inte~ For ~er clarification, if a si~ation ari~, con~ ~e ~mp~te S~ff ~el or L~ Am you currently ..i~ on a Ci~ B~ or Commi.ion: ~- /~ ~ -' - qu~iom, con~ the C~ Cle~'s O~ce, Ci~ Hall, 13th & Cenkal, Dubuque~ IA 52001 one: 58~120; ALL N~ WILL BE DROPPED FROM THE LIST A~ER A ONE Y~R PERIOD. Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fox (319) 589-4221 December 12, 2000 The Honorable Mayor and City Council Hembe~ City of Dubuque City Hall- 50W. t3th S~eet Dubuque IA 5200! RE: Rezoning - U.S. Highway 20, Southwest of Westside Court (referred by City Council) C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District, with a PC Planned Commerdal designation to allow for development of a new Menard's store Menard, Inc. 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 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 Menard's store. The applicant's engineer reviewed the impact of the changes to vehicles traveling on U.S. Highway 20 and trucks entering 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 Mike Hoffman, representing the adjacent quarries, spoke in support of the truck-activated signal at Old Highway Road, as it would increase the safety of trucks entering the highway. Representatives of the Dubuque County Fair AssociaUon spoke in support of the Menard's proposal, provided the high volume of traffic during fair week is taken into consideration with intersection design changes. The Zoning Advisory Commission discussed the 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 vote of 6 to 0, 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. Respectfully submitted, Euger~/Bird, Jr., Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM November 30, 2000 TO: FROM: SUB3ECT: Zoning Advisory Commission Kyle L. Kritz, Associate Planner'S'. ~. Menard, Inc. (referral by City Council) TNTRODUCTTON The City Council, after reconsidering their vote to deny the PUD rezoning request by Menard, Inc. along U.S. 20, voted to refer the matter back to the Zoning Advisory Commission. The proposed relocated signal and Old Highway Road intersection for the Menard's store, and the installation of a trip light for the quarry, was viewed as a matedal change to Menard's request, thus necessitating further review by the Zoning Advisory Commission. Attached to this memorandum is a copy of the revised traffic impact analysis, a schematic of the proposed new intersection of Old Highway Road and U.S. 20, a memo from Public Works Director Mike Koch, a revised conceptual plan that indicates the new entrance into the Menard's site, and previously supplied materials including the staff report and PUD ordinance. DZSCUSSZON The Zoning Advisory Commission reviewed Menard, Inc.'s original request for rezoning to a PUD Planned Unit Development district with PC Planned Commercial designation at the June 7, 2000 meeting. The Commission recommended approval of the request on a 7-0 vote. The Commission approved the proposed project in light of the anticipated improvements to U.S. Highway 20, and because the applicant had worked with IDOT and City officials to accommodate a future frontage road that would serve the site after U.S. 20 work was completed. The Commission stated their belief that unless the City wanted to stop all development in this corridor for the next seven to ten years, the submitted project represented an adequate compromise. At the City Coundl public hearing of October 2, 2000, several people spoke with concerns regarding the impact of the proposed development, both on traffic utilizing U.S. 20 as well as traffic entedng and leaving the highway at existing access points, including River City Quarry and Riley's Oldsmobile, Mazda and Subaru dealership. At that meeting, Meoard's proposed the relocation of the existing traffic signal at U.S. 20 and Old Highway Road to their proposed entrance. The City Coundl directed the Menard, Inc. November 30, 2000 Page 2 applicant to revise the traffic impact analysis, to clari~ several uncertainties in the data noted by Council members and address issues raised by surrounding businesses, and to not increase the number of signals on U.S. 20. The attached traffic study provides information on the levels of service obtained by a relocated intersection of U.S. 20 and Old Highway Road. Tt also describes the impact of having a truck-activated signal at the current intersection of U.S. 20 and the quarry. The study presents two alternatives for the existing Old Highway Road's intersection with U.S. 20, one being a right-in/fight-out, the other being a cul-de-sac. The memorandum from Mike Koch, Public Works Director, provides an overview of the impact the proposed changes will have on U.S. Highway 20 and Old Highway Road. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the enclosed information. Since the proposed changes constitute a material change in Menard's PUD proposal, staff recommends that the Commission make a new recommendation to the City Council. KLK/mkr Attachments cc: Mike Koch, Public Works Director City of Dubuque Planning Services Oepadment Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 Vadance Conditional Use Permit Appeal Special Exception Limited Setback Waiver PLANNING APPLICATION FORM ~Rezoning Planned District [] Preliminary Plat [3 Minor Final Plat o Text Amendment c] Simple Site Plan o Minor Site Plan [] Major Site Plan o Major Final Plat [] Simple Subdivision [3 Annexation [] Temporary Use Permit c3 Certificate of Appropriateness o Certificate of Economic Hardship o Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s):.William A. Siegert and Janet L. Siegert c/o Pru~entiaA yrieaman ~ea±cy, ~nc./Jim Bradley Phone:.,~l,9-588-9190 319-583-7580 Address: 3435 Asbury Road City: Dubuque State IA Zip: 52002 Fax Number.' 319-583-7609 Mobile/Cellular Number, N/A Applicant/Agent Menard, Inc./Thomas W. O'Neil Phone: 715-876-2810 . Zip: .... 54703 Address: 4777 Menard Drive .City: Eau Claire State:. ~ Fax Number: 715-876-2868 Mobile/Cellular Number:. N/A Site location/address:Vacant land southeast of USR 20 W, City of Dubuque, Dubuque County, Towa Existing zoning: C-3 Proposed zoning: ~om~ercia~Historic district: N/A Landmark: N/A Legal description (Sidwell Parcel ID number or lot numbedblock number/subdivision):, See Exhibit 'A' Total property (lot) area (square feet or acres): 27.7 ! Number of lots: 2 (proposed) Descdbe proposal and reason necessary (attach a letter of explanation, if needed): See correspondence dated April 30 , 2000~.and Site Development Plans attached as Exhibit 'B' CERTIFICATION: l/we, the undersigned, do hereby certify that: The information submitted herein is true and correct to the best of my/our knowIedge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. Property Owner(s): Wi~ Siegext and Janet L. Applicant/Agent ~U- ~?~ Menard, Inc./' ThOmas W. O'Neil Date: Siegert Date: ,, FOR OFFICE USE O.NJ~Y *.~PPLI~.;:ATION SUBMITTAL CHECKLIST Fee:~;! (,.~'~. o.~ Received by: .~...~ ~~ Date: ~..~//¢:~::) . Docket: Prope.,-b/ownership list o Site/sketch plan C~oor plan o Plat o Conceptual development plan Improvement plans ~ Design review project description m Photo o Other: County Proposed area to be rezoned. ~City limits Applicant: Menard Inc. Location: U.S. Highway 20, Southwest of Westside Court Description: To rezone from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of a new Menard's store. PLANNED DISTRICT STAFF REPORT Project Name: Property Address: Property Owne~. Applicant: Zoning Agenda: June 7, 2000 Menard's Inc. U.S, Highway 20 west of Westside Court William and Janet Siegert Menard, Inc./Thomas W. O'Neil Proposed Land Use: Existing Land Use: Adjacent Land Use: Flood Plain: Water: Storm Sewer:. Commercial Agricultural North - agricultural East - commercial South- agricultural West- agricultural Yes Yes No Proposed Zoning: PUD Existing Zoning: C-3 Adjacent Zoning: North - C-3 East - C-3 South ~ County AG West - C-3 Total Area: 26.25 acres Existing Street Access: No Sanitary Sewer: Yes Previous Planned District: None. Purpose: The submitted request is to rezone the subject parcel land from C-3 General Commercial to PUD Planned Unit Development with a PC Planned Commercial designation. Rezoning of this tract of land will allow construction of a new Menard's store with one outlot. Property History: The property has been used for agricultural production for many years. Physical Characteristics: The subject parcel is west of Westside Court and is currently above the grade of U.S. Highway 20. If approved, the site will be significantly regraded to create a level building pad. There is flood plain on the southeast side of the parcel behind the proposed development; however, this will not be encroached on by either the grading or construction of the new store. Conformance with Comprehensive Plan: The subject parcel is included in Growth Area 19, which states 's, "primar ly commercial deve opment with controlled access and gateway design." Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent properties. ClP Investments: None proposed. Staff Analysis: Menard's Inc. is requesting rezoning of the subject parcel from C-3 General Commercial to PUD Planned Unit Development with a PC Planned Commercial District designation. The proposed Menard's store would replace the existing store at U.S. Highway 20 and Menard Court. The new Menard's store would be a larger one than the present store and would be on one level. The proposed development is typical for Menard's new stores, in terms of its layout of the store, outside yard area and the number of parking spaces. The proposed development also includes an outlot along the east side of the store. The rezoning of the site to planned unit development is necessary as the Zoning Ordinance requires that department stores of 60,000 square or more, be located in planned commercial districts rather than in the C-3 General Commercial district. The new Menard's will include 102,693 square feet of sales area with an additional 42,900 square feet of heated warehouse area. The conceptual development plan also provides a signage package for the Menard's store. The planned unit development ordinance attached to this staff report has been written to accommodate the Menard's signage package as requested. City sanitary sewer and water mains are accessible to the site. The City's South Fork Interceptor sewer runs along the back property line of the parcel. The City has a 16" water main within the right-of-way of U. S. Highway 20. The applicant has indicated provision of storm water detention on the site as per City of Dubuque requirements. Access to the site will be by a single new access drive to both east and west bound lanes of U.S. highway 20. The volume and speed of traffic on U.S. Highway 20 requires that a signal be installed as part of Menard's development to provide for the safe ingress and egress of traffic from the site. Public Works Director Mike Koch has provided a memo outlining his department's review of the submitted traffic study by Menard's. The subject site is within the Corridor Preservation Zone established by the IDOT in Mach, 2000. Menard's Inc. has been working with IDOT representatives and their consultants to insure that development of this site will not adversely impact future DOT plans for the improvement of U.S. Highway 20. I anticipate that I will receive correspondence from Bob Krause from the IDOT prior to the June 7 Commission meeting, and will forward any information I receive to the Commission. Staff recommends that the Zoning Advisory Commission review Section 3-5.5(F) that establishes plan approval standards for PUD applications. Prepared by: ~ Reviewed: Date: ~,,/.~,/~ o~_o CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: November 30, 2000 Kyle Kritz, Planning Services Michael A. Koch, Public Works Director Menard, Inc. Development - Revised Traffic Study Dated October 30, 2000 INTRODUCTION The following is a summary of the revised traffic impact analysis for the proposed M ' enard s development along US 20 west. The traffic analysis was performed by WHKS & Co., and it predicts the anticipated traffic volumes for an opening in the Year 2001. DISCUSSION The analysis includes 161,640 square foot home improvement superstore and a 10,000 square foot high-traffic business. The report estimates the traffic generated by the proposed development, evaluates the traffic conditions after full build-out, and recommends site design improvements necessary to accommodate the anticipated traffic. Volumes generated by the proposed development during the PM peak hour are estimated to be 283 vehicles entering the site, and 179 for the AM peak hour. Access to the site has been modified from the earlier plan, which was dated May 31, 2000. Access to the site originally was to be via a single-access point onto US 20 at a signalized intersection. In order to mitigate the capacity impact on US 20 of another traffic signal, the new concept suggests the reconstruction of the intersection of Old Highway Road and new US 20, to reduce delay time at this intersection. The redesign shifts a portion of the cross traffic at this intersection to a new street segment linking Old Highway Road directly across from the proposed Menard's entrance onto US 20. This would create a four-way intersection in front of Menard's, instead of the original three-way intersection. Access from Old Highway Road to existing US 20 would be a right-in/right-out access onJy, with special design considerations to prohibit wrong-way median cross-overs. A raised median is proposed to prohibit the SB to EB movements from Old Highway Road, which will improve operational efficiency and safety. This reconstruction is shown on the attachment to this memo. Menard, Inc. Development - Revised Traffic Study Dated October 30, 2000 Page 2 December 1, 2000 RECONFIGURED INTERSECTION OF OLD HIGHWAY ROAD AND US 20 The existing intersection of Old Highway Road and US 20 at the Quarry currently operates at a Level of Service (LOS) C for EB and WB US 20 traffic, LOS C for northbound Quarry traffic, and LOS C for southbound Old Highway Road traffic. Overall, the intersection operates at an LOS of B. With the geometric changes at this intersection, a significant amount of traffic will be shifted out of this intersection and redirected to the new route directly in front of Menards. After the reconfiguration, the traffic signals on Old Highway Road and US 20 would remain green at all times until activated by a vehicle coming out of the Quarry Road onto US 20. At such a time, traffic on US 20 would be required to stop to allow the trucks from the Quarry to safely enter into the high-speed flow of US 20 in either an easterly or westerly direction. This intersection in the future should operate at a Level of Service A for US 20 during the PM peak, and a Level of Service A as a whole for all approaches. The Quarry Road should operate at a LOS of C. INTERSECTION OF US 20 AT PROPOSED MENARD'S ENTRANCF The new connecting link from the Old Highway Road and the proposed Menard's entrance would be a three-lane facility, This four-way intersection at US 20 would operate at a Level of Service C for US 20 during the PM peak. The intersection would operate at a Level of Service C during the PM peak as a whole for all approaches. NEW INTERSECTION OF EXTENDED MENARD'S DRIVE AND OLD HIGHWAY ROAr) This intersection would be a three-way traditional T-intersection with channelization by raised medians. No operational or capacity problems are anticipated at this intersection which would operate at a Level of Service A for all three approaches. A diagram of this intersection, as well as the entire site plan, is also attached. SUMMARY The future concept for US 20 is a fully-access controlled facility, with only grade-separated structures. In keeping with that concept, the proposed signalized intersection in front of Menard's would be removed and access to Menard's would be via an overpass structure across US 20 and a system of frontage roads, Given the anticipated levels of traffic for the Menard's store, a traffic signal is a necessity at US 20 in order to avoid unacceptable traffic delays and a likely high rate of accidents. Future plans for US 20 call for this signal to be removed and the Menard's entrance would then become part of an overpass and frontage road system. The timeframe for these Iowa Department of Transportation improvements is, however, unknown at this time. MAK/vjd Attachs. 9 The impact on traffic flow and properties between the existing US 20 / Old Highway Road intersection and the proposed intersection would be minor. Less than one mile would be added to EB US 20 trips originating near the existing US 20 / Old Highway Road intersection. Approximately eleven residences and two commercial sites would be affected by the intersection configuration. 5.5. 1.1 Right-in, Right-out Access between Old Highway Road and US 20 would be limited to right-in from westbound 0NB) US 20 and right-out onto WB US 20. The geometrics of the reconfigured intersection would decrease the likelihood that vehicles would try to use the right-out movement to make an illegal left turn onto eastbound (EB) US 20. In addition, in the event that EB US 20 traffic would misinterpret the US 20 median opening as an opportunity to make a left turn, the large grassed space between the dght-in and right-out roadways would indicate that there is not a receiving roadway tS' complete the turn. A "Left Turn Prohibited" sign would be installed for EB US 20 traffic at this intersection. Figure 5-1: Old Highway Road Right-in Right-out Traffic Impact Analysis fOF NEW MENARD, INC. DEVELOPMENT ACCESS CONCEPTS ON US 20 IN DUBUQUE, IOWA Submitted to: Prepared for: September 20, 2000 REVISED NOVEMBER 30, 2000 Table of Contents Introduction and Summary 1.1 Purpose of Report and Study Objectives 1.2 Executive Summary Proposed Development 2.1 Off-site Development 2.2 Description of On*site Development Area Conditions 3.1 Study Area 3.2 Study Area Land Use 3.3 Site Accessibility Projected Traffic 4.1 Site Traffic 4.2 Through Traffic Traffic Analysis 5.1 Concept #1 5.2 Concept #2 5.3 Concept ~ 5.4 Concept #4 5.5 Concept #5 Recommendations and Conclusions Appendix A - Vehicle.Turning Movements Appendix B - IDOT 1997 Annual Average Daily Traffic Map Appendix C - IDOT 1997 Traffic Count Summaries Appendix E - 1989-1993 PC-ALAS Accident History at Old Highway Rd Appendix E - 1993-1998 PC-ACCESS Accident History at Old Highway Rd Appendix G - October 2, 2000 Dubuque City Council Meeting Handout Appendix H - Capacity and LOS for US 20 - 1997 PM Peak Appendix I - Predevelopment Capacity and LOS for US 20 - 2001 PM Peak 1 1 1 2 2 2 3 3 4 4 6 6 7 8 8 8 8 8 8 13 ii iii xiv xxvii xxviii xxix WHKS ~ppendix J - Existing Old Highway Road Signal - 2001 AM Peak Appendix K - Existing Old Highway Road Signal - 2001 PM Peak Appendix L - Proposed Signal at Relocated Old Highway Road - 2001 AM Peak Appendix M - Proposed Signal at Relocated Old Highway Road - 2001 PM Peak Appendix N - Proposed Signal at Relocated Old Highway Road - 2001 Menard Peak Appendix O - Proposed Unsignalized Old Highway Road Intersection -2001 AM Peak Appendix P - Proposed Unsignalized Old Highway Road Intersection - 2001 PM Peak Appendix Q - Proposed Unsignalized Old Highway Road Intersection - 2001 Menard Peak Appendix R - Proposed Unsignalized Existing Old Highway Road / Old Highway Road Connection xxx,/i xlii xlviii liv Ix Ixvi Ixxii Ixxix List of Tables and Figures Figure 1-1: Vicinfiy Map Figure 2-1: Location Map Figure 2-2: Location Photo Figure 2-3: Site Plan Table 3-1: Intersections near Proposed Development Table 3-2: 1997 US 29 Traffic Counts at Proposed Site Figure 3-1: Approximate US 20 Corridor Preservation Limits Table 4-1: Peak Hour Volumes Generated by Proposed Development Table 4-2: 2001 Proposed Traffic Volumes Table 4-3: Projected 2001 Peak Hour Traffic Volumes on US 20 Figure 5-I: Existing Temporary Signal at Old Highway Road WHKS co. Traffic Impact Analysis for NEW MENARD, INC. DEVELOPMENT ACCESS CONCEPTS ON US 20 IN DUBUQUE, IOWA Submitted to: THE CITY OF ( f/ ~ Prepared for. I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Daniel J. C(~e, P.~. Date License number 15196 My license renewal date is December 31, 2001. Pages or sheets covered by this seal: ALL PAGES WHKS Introduction and Summary ~.l. l Purpose of Report and Study Objectives A traffic study was completed for Menard, Inc., entitled "Traffic Analysis for New Menard, Inc. Development," dated May 31, 2000, that concluded a traffic signal was required on US 20 to provide access to the proposed Menard, Inc. development. The City of Dubuque objected to adding a traffic signal on US 20 and will not rezone the Menard, Inc. property until this issue is resolved. The purpose of this report is to present the City of Dubuque with access concepts for the proposed Menard, Inc. development that resolve this issue. This study interprets the goal of no additional traffic signals on US 20 to also mean no net increase of traffic signals on US 20. Jn other w~rds, this study will consider removing an existing traffic signal and adding a new traffic signal as fulfillment of the goal. The report describes the existing traffic conditions, estimates the traffic generated by the proposed development and evaluates the operation of the traffic system after full build-out. ~.2 Executive Summary 1.2.1 Site Location The proposed Menard, Inc. development is situated on the south side of US 20 in the City of Dubuque city limits. The proposed development is a relocation / expansion of the existing Menard, Inc. store, located in the northeast quadrant of the US 20 - Menard Court intersection. The existing store is approximately one mile east of the proposed site. t.2.2 Development Description Figure 1-1: Vicinity Map Menard, Inc. is planning to develop a 26.26 acre site for the relocation of their Dubuque, Iowa home improvement superstore. The planned development includes a 161,640 square foot Home Improvement Superstore and 10,000 square foot out-parcel. The land use for the out-pamel is not determined, but will be defined as a High Turnover (Sit-Down Restaurant) for trip generation purposes. The new facility is estimated to open in 2001. Access to US 20 is addressed in this report. 1.2.3 Access Concepts Menard, Inc. has warked with the City of Dubuque and the Iowa Department of Transportation to develop site access concepts that require no net increase of traffic signals on US 20. Five (5) access concepts are presented. t.2.4 Recommendations and Conclusions An access concept exists that will serve the Menard, Inc. development with no net increase of traffic signals. The proposed signalized Intersection at US 20 / Old Highway Road Connection / Proposed Menard Entrance can serve the AM, PM and Menard peak traffic volumes at or better than level of service (LOS) C for US 20 through movements and LOS D for the turning movements into and out of the proposed entrances and sideroads. The capacity and LOS of the existing US 20 / Old Highway Road / Quarry Entrance intersection changes with this recommendation. The delay experienced by the exiting quarry traffic is unchanged during the AM peak, increased by approximately 20-seconds during the weekend peak, increased by approximately 30-seconds during the PM peak. The WB US 20 delays are reduced and the EB US 20 delays are eliminated. 2 Proposed Development 2.1 Off-site DevelOPment The proposed development is on the west edge of the existing commercial development within the city limits. Other developments are anticipated within the Study Area, especially along selPpel Road. 2.2 Description of On-site Development 2.2.1 Land Use and Intensity The 26.25 acre site will be fully utilized, but will be limited by: · the South Fork of Catfish Creek floodplain on the south side of the property, · US 20 Corridor Preservation (see section 3.~.3 Existing Relevant Transportation System Management Programs). A 161 640 square feet Menard, Inc. home improvement superstore and a 10,000 square feet out-parcel are the main components of the proposed development. It is assumed that the pro.~, se? deve. l. opm. e..nt ~11 typically maintain long hours each day of the week. The current Menard~ Inc. operauon Keeps me ro,owmg hours: · Monday 7:00am - 10:00pm · Tuesday 7:00am - 10:00Pm · Wednesday 7:00am - 10:00pm · Thursday 7:00am - 10:00pm · Friday 7:00am - 10:00pm · Saturday 7:00am- 9:00pm · Sunday 8:00am- 7:00pm 2.2.2 Location The proposed Menard, Inc. site is situated on the south side of US 20 within the City of Dubuque. I r--"l ............ ......... I -PR Ji- CT Figure 2-1: Location Map Figure 2-2: Location Photo WHKS co. ~t- '-- I ~ I SHTPP~NG AND RECEIVING] % % OUT~ARCEL II Figure 2-3: Site Plan 3 2.2.3 Site Plan The major components of the 26.25 acres site plan are a 161,640 square foot home improvement super- store with 420 parking spaces, a 3 acre out- parcel (for a 10,000 square feet development), a 3.25 acre outside yard / shipping and receiving area and a detention pond. The remainder of the site is made up of a floodplain and fill embankments. The development fronts on 1000' of US 20 Right- of-Way. The propoSed entrance location and configuration,shown on the site plan below, may be revised. 2.2.4 Phasing and Timing The new home improvement super- store is estimated to open in 2001. The site development may be phased to accommodate the out- parcel construction schedule. This study assumes full build- out in the design year. 3 Area Conditions 3.1 Study Area The proposed Menard, Inc. development site is located on US 20, approximately one mile west of the existing Menard, Inc, facility, at Menard Court, The proposed development is on the west edge of the existing commeroiel development within the city limits. WHKS 4 There is a signalized intersection with Old Highway Road and numerous median openings for left turning traffic east of the proposed development, between the proposed development and the intersection with IA 32 (the Northwest Arterial). No entrances are located on the segment of US 20 from the IA 32 intersection east to the Menard Court/US 20 intersection. An unsignalized intersection with Seippel Road is located approximately 0.6 miles west of the proposed development. West of the proposed site, the land adjacent to US 20 is cultivated, but will probably be developed as commercial property in the future. Most of the traffic generated by the proposed development originates east of the existing store location, and will approach the site as westbound tra[fic on US 20, turning left into the site. The traffic will pass through the signalized intersections at Old Highway Road, IA 32, and Menard Court, pdmadly as through traffic. 3.2 Study Area Land Use 3.2.1 Existing Land Uses The existing land use of the site is agricultural The adjoining properties to the north, south and west are all agricultural. From the proposed development east to the US 20 intersection with IA 32 (the Northwest Arterial), the properties adjacent to US 20 are primarily strip commercial. Generally, the proposed Menard, Inc. development represents the wastem limit of the concentrated commercial development along the US 20 corridor in Dubuque. 3.2.2 Anticipated Future Development With the development of Seippel Road, other developments are anticipated within the Study Area. However, no known future developments will substantially impact the development of this site. 3.3 Site Accessibility 3.3.1 Area Roadway System The Menard, Inc. site fronts on US 20. At this location, US 20 is a divided four lane facitibj with at - grade access. The posted speed limit is 55 mph. A dirt field entrance currently serves the site at an unpaved median crossover. The nearest entrance to the east is approximately 1,000 feet from the proposed entrance. A field entrance is located approximately 525 feet west of the proposed entrance. There are no roadways other than US 20 that serve the site. The US 20 intersections near the site are shown in the following table. Table 3-1: Intersections near Proposed Development US 20 - Seippel Road US 20 - Old Highway Road US 20 - IA 32 (NVV Arterial) US 20 - Menard Court / ~tarlight Drive Two lane road to the City of Asbu~ and points north and northwest (No counts; 1997 AADT estimated to be less than 2,000) Two lane road for points west and north (1997 AADT 2,030) Four lane road (with turn lanes) to the City of Asbury, Ci~ of Dubuque and points north and northeast (1997 AADT 12,300) Access for the City and County of Dubuque and points south, southeast and southwest (1997 AADT 7,100) 0.6 mi west 0.5 mi east 0.8 mi east 1.0 mi east 3.3.2 Traffic Volumes and Conditions The IDOT 1997 traffic counts can be utilized in this study without the need for additional traffic counts at the site, per discussions with the City of Dubuque. The IDOT 1997 US 20 traffic counts for the segment of US 20 from Old Highway Road to Seippel Road are given in the following table: WHKS co. Table 1-2: 1997 US 20 Traffic Counts at Proposed Site 5 Start Time East Bound West Bound 7:00 AM 759 520 8:00 AM 524 385 9:00 AM 497 437 10:00 AM 597 423 11:00 AM 12:00 PM 1:00 PM 2:00 PM 529 577 3:00 PM 612 644 4:00 PM 606 815 5:00 PM 551 865 The 1997 US 20 annual average daily traffic (AADT) is 16,800 vehicles per day at the proposed site. The IDOT 1997 8-hour manual traffic counts, see Appendix C, are converted to an AADT using an expansion factors developed by the IDOT. The IDOT developed the expansion factors by correlating the 8-hour manuel traffic counts to their AADT's for similar roadways. 3.3.2.1 Determination of Quan'y Entrance AADT from Manual Traffic Count Data On June 17, 1997 the IDOT conducted an 8-hour manual traffic count at the intersection of US 20 and Old Highway Road / Rock Quany Entrance. 283 vehicles wore counted between the hours of 7am to 1lam and 2pm to 6pm. 209 of the vehicles counted wore trucks, the remainder, 74, wore passenger cars, vans or pick-up trucks. The IDOT has developed conversion factors to estimate the AADT volume from the total vehicles counted dudng an 8-hour traffic count. The conversion factors have been developed to consider the traffic variations that occur dudng a particular day of the week and a particular month of the year. The count at the quarry entrance was taken on June 17, 1997, a Tuesday. The 1997 IDOT Municipal Pdmary Composite Expansion Factor for a Tuesday in June is 1.749 (See Appendix D). Therefore, the 1997 AADT for the quarry entrance can be estimated by multiplying the 283 vehicles counted dudng the 8-hour manual count by the expansion factor 1,749, which equals 495 vehicles per day (vpd). 3.3.2.2 Determination of Quant Entrance Annual Average Daily Truck Traffic from Quany Owner The quarq/ owner provided additional traffic information to characterize the quany traffic differently. On average the quar~ moves 175,000 tons of quarry product par year, resulting in 9,500 to 10,000 truckloads per year (See Appendix G). Each truckload generates two truck-trips, one outbound and one inbound, resulting in 19,000 to 20,000 truck-trips on average per year, The quarry does most of its business during the 9 months of March through November, or approximately 200 working days (Monday - Friday). 20,000 truck-trips divided by 200 working days equals 100 truck-trips per day. This estimate is high if the quarry is in operation more than Monday through Friday, March through November. The IDOT 1997 8-hour traffic count on June 17, 1997 at the quarry entrance counted 209 trucks between the hours of 7am-11am and 2pm-6pm. Applying the 1.749 expansion factor to this portion of the total traffic results in 366 truck-tdpa per day. This number can be directly compared to the 100 truck-trips per day derived above. The annual average daily quarry truck-trips estimated by the IDOT method is neady four times the quarry's estimate, The comparison supports the conclusion that the quarry experiences short-term high-peak truck traffic volumes and long-term Iow-peak truck traffic volumes. WHKS 6 3.3.3 Existing Relevant Transportation System Management Programs The IDOT has identified a corddor to be preserved along US 20, from Swiss Valley Road (approximately 7 miles west of the proposed development) to old Highway Road (0.5 miles east of the proposed development) for future US 20 widening and capacity improvements. The IDOT reserves the right to review developments within the corridor and to acquire Right-of-Way for future US 20 capacity improvements. US 20 corridor preservation affects this site. The concept for the US 20 capacity improvements, and the basis for the corddor preservation limits, is to improve US 20 to a limited access facility with frontage roads. It is anticipated that the entrance to Menard, Inc. in the future will be off a frontage road. Figure 1-1: Approximate U.S. 20 Corridor Preservation Limits 4 Projected Traffic 4.1 Site Traffic 4.1.'1 Trip Generation Tdp generation was performed using the ITE Trip Generation, 6~ Edition. The proposed development site contains two trip generators; a home improvement superstore and an out-parceL To analyze the tdps generated at full build-out, the land use for the out-pamel was assumed to be a high turnover (sit-down) restaurant. Gross square footage was the dependent vadable to determine tdps generated by each. The peak hour volumes generated by the combination of these two tdp generators are listed in the table below: Table 4-1: Peak Hour Volumes Generated by Proposed Development Development Entrance Development Entrance Development Entrance Saturday (Peak Hour of Generator) Weekday (Adjacent Street AM Peak) weekday (Adjacent Street PM Peak) 589 / 484 177/ 155 283 / 289 Entering / Exiting Entering / Exiting Entering / Exiting 4.1.2 Trip Distribution and Assignment It is assumed that the traffic entering and exiting the proposed development would be distributed 90% on the east leg of US 20 and 10% on the west leg. This assumption is based on 1997 US 20 traffic volumes, wh~ ich increases east and decreases wast of the proposed site. Supporting this assumption is the fact that th(~ current population density is sharply lower west of the proposed site. A~ensitivity analysis for an 80% / 20% split was per[ormed in the Traffic Impact Analysis for New Menard, Inc. Development dated May 31, 2000. This analysis showed insignificant change in the analysis results, and supports the 90% / 10% split used in these analyses. WHKS 7 4.2 Through Traffic 4.2.1 Method of Projection The opening year for this development is anticipated to be 2001. To project the 1997 traffic volumes to 2001 the traffic growth rate method was used. The Dubuque Metropolitan Area Transportation Study (DMATS) was consulted to determine the traffic growth rate used in their model near the proposed development. DMATS recommended using the projected 2005 AADT (20,500) and the 1997 IDOT AADT (16,800) to develop the AADT growth rate. (The AADT growth rate and the peak houdy volume growth rate ara assumed to be similar.) By this method, the AADT growth rate is estimated to be 11% from 1997 to 2001. The following table presents the projected traffic counts for the design year 2001: Table 4-2: 2001 Projected Traffic Volumes East Bound West Bound 7:00 AM 843 577 8:00 AM 582 427 9:00 AM 552 485 10:00 AM 563 470 11:00 AM 12:00 PM 1:00 PM 2:00 PM 587 641 3:00 PM 679 715 4:00 PM 673 905 5:00 PM 612 960 4.2.2 Through Traffic vs. Captured Traffic A portion of the 2001 projected traffic on US 20 will pass by the proposed development while others will be captured by (or will visit) the proposed development before they continue on US 20. One percent (1%) of the 2001 projected US 20 volumes is assumed to be captured by the proposed development. 4.2.3 Estimated Volumes Table 4-3: Projected 2001 Peak Hour Traffic Volumes on US 20 US 20 at Proposed Development US 20 at Proposed Development US 20 at Proposed D~velopment Saturday (Peak Hour of Generator) Weekday (AM Peak) Weekday (PM Peak) 600 / 600 (Sea Note Below) EB/WB Before Development 843 / 577 EB/WB Before Development 612 / 960 EB/WB Before Development Note: No traffic counts available for US 20 on Saturday. Projected counts are based on the 1997 mid-afternoon weekday/counts. WHKS 8 5 Traffic Analysis The fellowing access concepts were developed to meet the goal of no net increase of traffic signals on US 20. Ail of the concepts that were developed since the May 31, 2000 traffic study are presented here, whether they are viable or not viable. 5.1 Concept #~ The first concept provides access to the proposed Menard development via a frontage road along US 20 from existing Old Highway Road. The frontage mad would be approximately 2000' in length and v~uld require widening the US 20 median 24-feet (total width 27-feet) to accommodate dual left tums. This concept would use an existing traffic signal to provide access to the proposed development. This concept was deemed not viable due to the number of commercial properties affected by Right-of-Way acquisition, both east and west of Old Highway Road, and due to the uncertainty of the improvements being compatible with the ultimate US 20 capacity improvements. 5.2 Concept #2 The second concept provides access to the proposed Menard development via an unsignaiized intersection on US 20. The construction of the out-parcel would be delayed, to reduce traffic generated by the site, until the frontage road along US 20 was developed. This concept was deemed not viable because the traffic generated by the home improvement superstore by itself warrants a traffic signal. 5.3 Concept #3 The third concept provides access to the proposed Menard development via an unsignalized intersection on US 20 without the left tum movement (onto WB US 20) from the development. The Iow volume left turn exit movement would be forced to make a dght turn onto EB US 20 and u-turn at the existing Old Highway Road ~-- intersection. This concept was deemed not viable because the high volume WB US 20 left tum movement across EB US 20 by itself warrants a traffic signal. Additionally, a hazard would be created at the Old Highway Road intersection since no refuge is afforded by the 3-feet wide median to u-turning traffic. 5.4 Concept fl4 The fourth concept provides two unsignalized at-grade entrances to the proposed development off US 20, one at the east end of the development, one at the west end. The east entrance would prohibit left-out movements and the west entrance would prohibit left-in movements. This concept was deemed not viable because, just like Concept ~3, the high volume WB US 20 left turn movement across EB US 20 by itself warrants a traffic signal. 5.5 Concept ft5 This concept removes the temporary signal at the existing US 20 / Old Highway Road / Quarry Entrance and relocates it to a new intersection on US 20 with Old Highway Road Connection / Menard Entrance with no net increase of traffic signals on US 20. 5.5.1 Reconfigured US 20 I Old Highway Road Intersection Twa intersection reconfigurations are presented for the existing US 20 / Old Highway Road intersection, incorporating comments from City of Dubuque Staff and City Council. Neither of the reconfigurations affect the quarry's access to US 20. All of the major movements between US 20 and existing Old Highway Road that are eliminated in these reconfigurations would be served by the proposed signalized intersection at US 20 / Old Highway Road Connection / Menard Entrance. 9 The impact on traffic flow and properties between the existing US 20 / Old Highway Road intersection and the proposed intersection would be minor. Less than one mile would be added to EB US 20 trips originating near the existing US 20 / Old Highway Road intersection. Approximately eleven residences and two commercial sites wauld be affected by the intersection configuration. 5.5.1.1 Right-in, Right-out Access betw~.~en Old Highway Road and US 20 wauld be limited to dght-in from westbound (WB) US 20 and right-out onto WB US 20. The geometrics of the reconfigured intersection would decrease the likelihood that vehicles would try to use the right--out movement to make an illegal left turn onto eastbound (EB) US 20. In addition, in the event that EB US 20 traffic would misinterpret the US 20 median opening as an opportunity to make a left turn, the large grassed space between the dght-in and right-out roadways w~uld indicate that there is not a receiving roadway to complete the rum. A "Left Turn Prohibited" sign would be installed for EB US 20 traffic at this intersection. 5.5. 1.2 Cul-De-Sac Access bet~en Old Highway Road and US 20 would be eliminated at the existing intersection. A 50' radius cai-de-sac would be constructed, utilizing as much existing pavement as possible, to permit large vehicles to turn around. In the event that EB US 20 traffic would misinterpret the US 20 median opening as an opportunity to make a left turn, the large grassed space between the cul-de-sac and US 20 would indicate that there is not a receiving roadway to complete the tum. A "Left Tum Prohibited" sign would be installed for EB US 20 traffic at this intersection. 5.5.2 Existing Temporary Traffic Signal The existing traffic signal at the Old Highway Road / Quarry Entrance / US 20 intersection was installed in February, 1996. The signal warrant analysis performed by the IDOT in 1994 indicated that the intersection met the following warants: Old Hiqhway Road / Quam/Entrance / US 2(3 Warrant 2 - Interruption of Continuous Traffic Warrant 9 - Four Hour Volumes Warrant 11 - Peak Hour Volume These warrants were satisfied only by traffic volumes on US 20 and Old Highway Road. Neither the quarry entrance volumes nor accident history caused any signal warrants to be satisfied. The LDO'[.. [ecommended the installation of traffic signals in addition to construction of left-turn lanes on US 20. At t~m~a US 20 modemization project (PiN 90-31-050) from Swiss Valley Road to Devon Ddve was in the IDOT 5-year plan. The IDOT decided to install temporary signals until the US 20 modernization project 10 completed the median improvements, installation of left-turn lanes and a permanent tr~'flc signal. Since that time, the US 20 modernization project has been cancelled in favor of the Southv~st Arterial and US 20 Capacity Improvement projects, which are currently in the environmental assessment phase. Figure 5-1: Existing Temporary Signal at Old Highway Road I Quarry Entrance (Looking Southeast toward Quarry Entrance) The IDOT analysis of the intersection showed that Warrant 6 - Accident Experience was not met at this intersection. Warrant 6 - Accident Experience requires "five or more reported accidents, of types susceptible to correction by traffic signal control, have occurred within a 12-month pedod" to satisfy the warrant. From 1989 to 1996, prior to the installation of the temporary signal, there were on average 4.8 accidents per year. Removing the accidents not susceptible to correction by traffic signal control (those involving only one vehicle and rear-end accidents) approximately 3.1 accidents per year were susceptible to correction by a traffic signal. The majority of all accidents (13 out of 29) between 1989 and 1996 were caused by left-turning traffic out of Old Highway Road onto eastbound US 20. Only two accidents between 1989 and 1996 appear to be related to quarry activity (data taken from IDOT PC-ALAS and ACCESS-ALAS database, See Appendix E and Appendix F). Since the temporary traffic signal was installed, from 1996 to 1998, there have been 4.0 accidents per year on average. All of these accidents appear to be rear-end accidents on US 20 caused by stopped or slowing traffic at the signal. None of the accidents involving trucks during this period appear to be related to quarry activity. 5.5.3 Signal Warrant Analysis To determine if no net increase of traffic signals on US 20 is attainable with Concept ~5 a signal warrant analysis was performed at the Old Highway Road Connection / Menard Entrance intersection and at the reconfigured US 20 / Quarry Entrance intersection. The FHWA's Manual on Uniform Traffic Control Devices (MUTCD) outlines eleven warrants for traffic signal installation. The traffic signal warrant analyses satisfied the following warrants: Old Hiqhway Road Connection / Menard Entrance Warrant 1 - Minimum Vehicular Volume Warrant 2 - Interruption of Continuous Traffic Warrant 9 - Four Hour Volumes Warrant 11 - Peak Hour Volume Reconfiqured US 20 / Quarry Entrance No warrants satisfied The satisfaction of one warrant alone indicates that an investigation of traffic safety improvements offered by a traffic signal at the Old Highway Road Connection / Menard Entrance is needed. Also, the satisfaction of no warrants at the Existing Old Highway Road / Quarry Entrance indicates that a traffic signal should not be considered at this intersection. WHKS 11 The evaluation of traffic safety improvements offered by a traffic signal at the Old Highway Road Connection / Menard Entrance intersection and the evaluation of the unsignalized Existing Old Highway Road / Quarry Entrance intersection follows in the next section. 5.5.4 Capacity and Level of Service Analysis The measures of intersection performance ara capacity (the maximum traffic that can be accommodated by lane groups) and level of service (LOS, the ability to meet the peak traffic demand). The techniques and procedures used to compute capacity and LOS are outlined in the Transportation Reseamh Board's Highway Capacity Manual, Special Report 209, Third Edition, Updated 1997 (HCM). The computations and procedures described in the HCM ware performed using the Highway Capacity Software, Version 3.2 The analysis of capadty and LOS were performed at the following locations: · the existing US 20 from Old Highway Road to Selppel Road · the existing temporary signal at US 20 / Existing Old Highway Road / Quany Entrance intersection · the proposed signalized intersection at US 20 / Old Highway Road Connection / Proposed Menard Entrance · the proposed unsignalized intersection at US 20 / Quarry Entrance In the unsignalized and signalized intersection analysis discussion that follows, LOS C was used as the lowest acceptable LOS for US 20 through t[aGc. LOS D was the lowest acceptable LOS for the tuming movements into and out of the proposed entrances and sidercads. The analysis details can be found in the Appendices along with the turning movement diagrams. 5.5.4.1 Existing US 20 The segment of US 20 from Old Highway Road to Seippel Road is unsignalized. This multilane rural highway segment operates at LOS A for both the 1997 and 2001 traffic volumes, pdor to the consideration of the proposed development. The capacity of the WB and EB lanes is 5.6 and 8.8 passenger cars per hour per lane (pophpl) respectively for the 1997 traffic data and 6.4 and 9.8 pcphpl respectively for the projected 2001 traffic data. The capacity of US 20 (at a volume to capacity ratio equal to I and LOS E) is 40 pcphpl operating at 55 mph. 5.5.4.2 Existing Temporary Signal at US 20 / Existing OId Highway Road / Quarry Entrance The IDOT conducted an 8-hour traffic count at this intersection in 1997. The 1997 counts were projected to the design year. 2001, to analyze the operation of the existing intersection. The property sewed by what is referred to in this document as the quarry entrance was sold recently and a development plan for this proper[y was submitted to the IDOT. This study does not address future traffic generated by that potential development since it is not known what, if any, development will take place. The IDOT has indicated that US 20 Corddor Prese~ation will acquire approximately 16-acres of this property. See Figure 3-1 for approximate US 20 Corridor Preservation limits. The intersection is a 4-way intersection serving east bound (EB) and west bound (VVB) US 20, Existing Old Highway Road and a quany entrance. The intersection has no turn lanes for left or dght turns from any of the approaches, The signal appears to be fully actuated, to provide maximum green time to the US 20 through moVement, This signal was analyzed for the AM Peak and PM peak traffic volumes. The overall intersection performance for both the AM and PM Peak traffic volumes is LOS B, with US 20 delays between 12-seconds and 2G-seconds and sideroad delays between 21-seconds and 23~seconds. 5.5.4.3 Proposed Signalized lntersection at US 20 / OId Highway Road Connection / Proposed Menard Entrance The proposed intersection is a 4-way intersection serving EB and WB US 20, Old Highway Road Connection and proposed Mecard entrance. The proposed intersection has dual left turn lanes from WB US 20, single left turn lane from EB US 20, separate right turn lane from the Menard entrance and separate left turn lane from Old Highway Road Connection. All other left and dght turn movements are shared with the respective through movenlent, WHKS 12 The signal cycle was assumed to be 106 seconds, phases 1 and 2 pretimed, phases 3 and 4 acutated, only protected left turns and four second yellow change time; · Phase 1 EB Left / WB left / NB dght / SB dght 26-seconds · Phase 2 EB through and dght / WB through and dght 44-seconds · Phase 3 SB left, through and right 10-seconds · Phase 4 NB left, through and dght 10-seconds The signal was analyzed for the AM, PM and Menard peak (Weekend, peak hour of generator) traffic volumes. The overall intersection performance for all peak hours is LOS C, with US 20 through movement delays between 24-seconds and 33-seconds, US 20 left turning movement delays between 30-seconds and 41-seconds and sideroad delays between 23-seconds and 53-seconds. 5.5.4.4 Proposed Unignalized Intersection at Old Highway Road Connection / Existing O/d Highway Road The proposed intersection is a 3-way "T' intersection. The heaviest movements are to and from the west and south legs of the intersection (see Figure 2-3). This intersection will require stop control on one or more legs of the intersection. The grade between US 20 and existing Old Highway Road is steep. The capacity of the proposed intersection is LOS A for all movements, for all pedods of analysis and for all configurations of stop control. This analysis does not account for extreme peak traffic during events at the fairgrounds. 5.5.4.5 Proposed Unsignalized Intersection at US 20 / Quarry Entrance The existing traffic signal would be removed. The proposed intersection would be a 3-way intersection serving EB and WB US 20 and the quarry. The quarry entrance would become stop controlled. US 20 EB and VVB would not have a stop sign. The reconfigured intersection was analyzed for the AM, PM and Menard peak traffic volumes. Dudng the AM peak the quarry exit operates at LOS C, with delays averaging 16-seconds. During the PM peak the quamj exit operates at LOS E, with delays averaging 55-seconds. During the Menard peak the quarry exit operates at LOS E with delays averaging 39-seconds. The WB left turn operates at LOS C or better with delays averaging less than 20-seconds for any peak hour. 5.5.4.6 Proposed Signalized lntersection at US 20 / Quarry Entrance Although the intersection does not warrant a traffic signal and the delays caused by an unsignalized intersection are acceptable, the evaluation of a traffic signal at this location, actuated only by exiting quamJ traffic, has been requested. The signal cycle was assumed to rest on green for EB and WB US 20 dudng phase one, until quarry exit traffic actuates phase 2, protected left-turns and right-tums, with a four second yellow change time. With a minimum cycle time of 70 seconds to maintain LOS A for US 20 dudng the PM peak, the quarry exit operates at LOS C, with delays averaging 26-seconds. If the quarry exit lane is separated into two exit lanes, one for right turns and one for left tums, and if the signal included a third phase for actuated protected dght turns only the quarry exit would operate at LOS B, with delays averaging 18-seconds. Either of these concepts would require advance signal warnings. Much like a traffic signal actuated for Fire / Emergency Stations the quarry signal will actuate on an irregular basis. 5,5,5 Site Circulation and Parking The proposed Menard, Inc. entrance is approximately 165' long, from US 20 to the parking lot. This distance should accommodate the queued vehicles leaving the proposed development. WHKS oo. 13 Circulation within the parking lot appears adequate for passenger cars, vans and pick-up trucks. However, the site plan has not been modified to accommodate larger vehicles (delivery trucks, etc...) destined for the shipping/receiving area. Future site circulation will be affected by the access provided by the US 20 capacity improvements. Most likely a frontage road will be constructed between the development and US 20. This scenado would most likely provide Menard, Inc. with the option to develop additional points of access to the site. It could be possible to have entrances at beth ends of the site and possibly a third in between. The re-evaluation of entrance locations with the frontage road will require a review of the parking layout and site clrcluation. 6 Recommendations and Conclusions An access concept exists that will serve the Menard, Inc. development with no net increase of traffic signals on US 20. A traffic signal is warranted and recommended at the proposed intersection of US 20 / Old Highway Road Connection / Proposed Menard Entrance. The proposed signalized Intersection at US 20 / Old Highway Road Connection; Proposed Menard Entrance can serve the AM, PM and Menard peak traffic volumes at or better than LOS C for US 20 through movements and LOS D for the turning movements into and out of the proposed entrances and sidereads. Dual left turn lanes (180' long) are recommended for WB US 20, with storage for 7 vehicles in each lane. A single left turn lane (180' long) is recommended for EB US 20, with storage for 7 vehicles. The development entrance will require 4-lanes, t~3 entrance lanes for the dual left turn lanes from WB US 20 and two exit lanes, one for exiting left turn and through traffic, one for exiting dght tums. Old Highway Road Connection will require three lanes, one entrance lane, and tw~ exit lanes, one for exiting right tum and through traffic and one for left turns. A traffic signal would no longer be warranted at the existing US 20 / Old Highway Road / Quarry Entrance intersection and the existing temporary traffic signal is recommended to be removed. The capacity and LOS of the existing US 20 / Old Highway Road / Quarry Entrance intersection changes with this recommendation. The delay experienced by the exiting quarry traffic is unchanged during the AM peak, increased by approximately 20-seconds dudng the w~ekend peak, increased by approximately 30-seconds dudng the PM peak. TheWB US 20 delays are reduced and the EB US 20 delays are eliminated. It is recommended that the quarry entrance not be signalized. The signal warrants, including accident history, are not met and the delays are acceptable. This recommendation agrees with the 1994 IDOT analysis that traffic signals should not be installed at this intersection unless left turn lanes on US 20 are present. Motorists on US 20 should be alerted to the presence of the quarry entrance by appropriate signing {Caution - Trucks Entering Highway) and possibly a flashing yellow light at the intersection, It is recommended that the existing Old Highway Road connection to US 20 be reconfigured to permit only right-in and right-out movements to and from WB US 20 and permit no movements between existing Old Highway Road and EB US 20. The reconfigured existing Old Highway Road dght-in and right-out movements should be sufficiently separated to discourage traffic from making left turns onto or from EB US 20. The Old Highway Road Connection is compatible with future US 20 capacity improvements. Providing the connection accomplishes part of the traffic control for constructing the ultimate US 20 capacity improvements. The existing US 20 / Old Highway Road / Quarry Entrance intersection geometrics do not support a major development. This analysis found the existing median too narrow to develop left turn lanes for a frontage road to serve the Menard, Inc. development. Therefore, any plans to develop the property served by the quarry entrance, pdor to the completion of US 20 capacity improvements, will require the US 20 median be widened from the existing width of 3-feet to a minimum of 15-feet to accommodate a left turn lane. This could significantly impact the existing businesses east of the intersection, especially existing median crossover access points and parking lot trees. WHKS Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG U.S. HIGHWAY 20 WEST OF WESTSIDE COURT FROM C-3 GENERAL COMMERCIAL DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR MENARD, INC. 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 reclassifying the hereinafter described property from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions for Menard, Inc., as stated below, to wit: Lot 2 of Siegert's Place, Third Addition, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and impOsed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions. Building-related Features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: a) b) c) d) The primary building All accessory or secondary buildings All exterior storage areas Exterior refuse collection areas Ordinance No. -00 Page 2 8) e) f) Exterior mechanical equipment Containerized or tank storage of liquids, fuels, gases and other materials 2) Vehicle-related Features: Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) b) c) d) e) 0 Employee and visitor parking spaces Driveways from the street right-of-way line to and from parking spaces. Loading spaces outside of the building Maneuvering space and driveways to and from loading spaces Parking spaces for company-owned commercial vehicles Fire lanes 3) Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include: a) b) d) e) Landscaped space containing lawn areas and plantings Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards Surface storm water detention areas not otherwise used for building-related or vehicle-related purposes Open recreation areas and recreational trail Other non-building and non-vehicular-related space Use Requlations. The following regulations shall apply to all uses made of land in the above described PUD District: 1) Principal permitted uses shall be limited to: a) b) c) d) Retail sales/service [t 7] Indoor restaurant [20] Drive-in/carry-out restaurant [28] General offices [14] [ ] Parking group-see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to any use customarily incidental and subordinant to the principal use it serves. Ordinance No. -00 Page 3 c) D) 4) Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the following lot and bulk regulations: a) Maximum lot coverage shall be limited to 75%. All building and vehicle-related features shall be considered when calculating total land area coverage. b) Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 40 feet limitation subject to the provision of adequate screening. c) Setbacks for the out-lot shall be as established for the C-3 General Commercial District, set forth in Section 3-3.3 of the Zoning Ordinance. Parki~ 1) All vehicle-related features shall be surfaced with either asphalt or concrete. 2) Curbing and proper surface drainage of storm water shall be provided. 3) All parking and loading spaces shall be delineated on the surfacing material by painting stripes or other permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. Ordinance No. -00 Page 4 5) The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 6) The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. LandscaDino Requlations 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each lot: a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: For every one (1) acre of lot size, four (4) trees shall be required to a maximum of forty (40) trees. Each required tree shall be at least two (2) inches in diameter at planting. Shrubs shall be used to screen parking areas and provide accent around buildings. Parking areas located adjacent to a right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three (3) feet in height within three years of planting. 2) All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. 3) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD ordinance. Ordinance No. -00 Page 5 F. Sign Regulations. 1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2) Wall-Mounted Signs: a) Menard's: 1) 2) 3) Total allowed square footage: 600 square foot Number of signs: unlimited Below eave or parapet b) Out-lot: 1) 2) 3) Total allowed square footage: 250 square feet Number of signs: unlimited Below eave or parapet 3) Freestanding signs: a) Menard's: 1) 2) 3) Total allowed square footage: 400 square feet Maximum number: 1 Maximum height: 40 feet b) Out-lot: 1) 2) 3) Total allowed square footage: 200 square feet Maximum number: 1 Maximum height: 40 feet 4) Directional Signs: a) Menard's/Out-lot: 1) 2) 3) Maximum size: 6 square feet Maximum number: Unlimited Maximum height: 10 feet 5) Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or intamally illuminated by means of a light source completely enclosed by the sign panel. Ordinance No. -00 Page 6 G) 6) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Off-site Improvements: Menard, Inc. shall be responsible for the design, construction and costs associated with the following off-site improvements: a) Construction of new signalized intersection on U.S. Highway 20 to serve new Menard's store. b) Construction of the public connecting road and its intersection with Old Highway Road. c) Construction of a right-in/right-out intersection on the north side of the existing intersection of U.S. Highway 20 and Old Highway Road. d) Installation of a truck-activated signal at the U.S. Highway 20 access for the River City Quarry that provides protected left and right tums for trucks entering the highway. e) Design and approval of all off-site improvements are subject to applicable City of Dubuque and Iowa Department of Transportation regulations and review procedures. 2) Site Lighting a) Exterior illumination of site features shall be limited to the illumination of the following: Parking areas, driveways and loading facilities. Pedestrian walkway surfaces and entrances to the building. Screened storage areas. Building exterior. b) Location and Design: All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. Ordinance No. -00 Page 7 All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking-related features. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. Wooden utility-type poles are acceptable only for temporary use during construction. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 3) Utility Locations a) Service lines: all electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical equipment: all electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, including roof-mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. c) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Exterior Trash Collection Areas: a) The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. Ordinance No. -00 Page 8 c) Exterior trash collection areas shall be located in rear or side yards only. d) All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five (5) years. e) Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. Transfer of Ownershio Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Ordinance No. -00 Page 9 Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of ,2000. ATTEST: Termnce M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USE RSff~IELIN DA~.W P\COU NClL~O RD'~IENARDS,O R D ACCEPTANCE OF ORDINANCE NO. -00 I, Thomas O'Neil, representing Menard, Inc. purchaser, having read the terms and conditions of the foregoing Ordinance No. __-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of . , 2000. By Thomas O'Neil Menard, Inc. ACCEPTANCE OF ORDINANCE NO. -00 We, William A. Siegert and Janet L. Sieged, property owners, having read the terms and conditions of the foregoing Ordinance No. -00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of ,2000. By William A. Siegert By Janet L. Siegert CITY OF O08UQU DEC 0 5 2000 DUBUQUE COUNTY FAIR ASSOCIATION I~IANAGER: PAUL,A. JO WOLFE ~J 4583 OLD HIGHWAY ROAD DU]~uqu£, IA $2002-9602 PHONE: (3 ! 9)$88- ! 406 December 5, 2000 Kylc Kritz Planning Services Dept. City ltatl 50 W. 13~ St. Dubuque, IA 52001 RE: Menards Stoplight Location Dear Kyle, Having had the opportunity to view the proposed Menards project road relocation project, we feel this would meet the needs of the fair on the basis that there arc adequate tm'il lanes, acceleration la/les and signalization at Highway 20. We ask that the Fairgrounds traffic flow for the six days of the fair, our SUnday racing program, many special events and daffy operation is considered when making any final determination. With the proper signage to direct our patrons, we feel that this would benefit the Fairgrounds and our customers to enter and exit the Fairgrounds without confusion or congestion. We will review thc proposal at our Full Board Meeting on December 12 and report any qucstio~ or concerns at the City Council Public Hearing on December 18. Sincerely, Manager cc: Mayor Terry Duggan, Tom O'Ncil TUE 04:35 ~I DBQ 00. BO~E) O~ SUP. · F~ ~. 3195897884 ?, 01/02 FAX; 319-~9-44'/8 COURTHOUSE DUBUQUE, IOWA 52001-70S3 00~ t. ~lm4 A~l R. MANTERNACH JIM WALLER The Honorable Terry Dugga~ Mayor -:.:. Dear Mr. Mayor m~d Memi~s of thc Ci~ Council: .:. Dep~ment of T~*~lx~ta~on for tiglUing of cbc ~ At, er ~ ca~effl study of sight of Tmnspo~tlon routinely performs, 1996, It is difficult to believe tl~t; m'~ersecdon. No~ only do~ Coumy's fscfli~ on ~ Road, park. Iiowevet, the biggest hazed muted. This traffic will continue ~ u-affic volumc that the Iow~ Depamnc~t was finally cpcrstional in Fet~'u~ of removing the light a~ that : from fl~ Fai~rounds and thc -..sult fm~n thc City's own ind~ : from thc qum*ry which Be rc- Additlo~lb,, the LS. 20 ds accepted, FROH : E-T,~HIGGFRIE-94i-46~4740 FAX HO. : ~T-lO-2)O0 TUE 03:44 ~,ll DB~ CO, BO~D OF SUP. D~c. ~ ~ 12:lSPM [mH~N~: 3 COuRTHOUSf IOWA 62001.?~ ewber 9. 2000 m Honorable Tony Duggan I~, ayor, City of Dubuque 54 ) West 13'~ St. D zbuquc IA 52001 Mayor Du~an and M~mb~r~ of the City Council: le~ will r~c thc one ~t by Su~ D~ S~ on ~ 2, 2~, ~g you ~ in~fi~ of U.S. 20 md ~ Old ~w~ Ro~. b~ h.~ w~d come ~m ~e h~ ~ck ~fic ~m th~ q~, which ~B c~ue 20 Co~r is ~ new: ~ on ~s ~ shou~ ~ pos~ ~fil that study is ' ' ' &tAiq I~. f4~; k~ ~ W~-I L ER i2/il/00 T~ 14:18 FAX 319364~1~ 3ISTI~ICT SIX ~002 !own Departmer t of Transportation 0~zl~ E Offic~ $15~64-023~ Sixteenth Avon[lo SW FAX: 3t9-3~96t4 P.o~ ~ox 34 ~o Ceda~ ~pffl~, ~ 524~180 Deco. rater t4, 2000 ~ef: 47'2 Dubuque County thc tlonorable I errance M. D aggan, Mayor 50 West 13~' Street Dubuque, IA 52001-4864 SU[3JEGT: Proposed Mcaard, Inc. Development on U.S. 20 in Dubuque Dear Mayor Duggam This letter is to confirm our conversation ot~. December 12, 2000 concerning thc current Men,d, developraen~ proposal along U.S. 20 west of Old t.I[ghway Road. 't1~¢ i~itfal propoxat from Menard, Inc. wr-.s to upgrade an existing accas~ to U.$. 20. Under this scenario there would have been a signaliztd T4ntcrsectiou at th* Manned, lite. access, and the Old Highway Road intersection would have remained as is. The response frora the city to this proposal was that th~'e could be ~o net increase in haffic signals on U.S. 20, thereby prompting Menard, Inc. to make another sub~ittaL 'D~e .~¢cand proposal fmra Manta'd, Inc. was based on a possible relocated Old llighway Road connection to U.S. 20 using state-owned property across from the Manned, Inc, prepay. Unde~ this scenario, the new intersection was to be signalized and the taxffic sisal at the existing Old Highway Road connection to U.S, 20 would be mmoYed. However, according to a recant article in lhe Dubuque Telegraph Herald, the city is being asked to m~n the exl~tk~g traffic sigtml at Old Hi. ghway Road to accommodate left.taming traffic exiting fi~om the quarry, The traffic impact analysis performed by WI-IK$ & Co,, engineering consulting firm for Menard, [nc., states, that the existing traffic signal will no longer racet warrants for signals and should I~ removed. Our department would not suppo[t allowing the signals to r~aain if warrants ar~ not Itiet~ Two other issac~ aced to be addressed b~sed on information provided in the traffic irapact stu~. One. i~ch.tdes thc access spacing to the next easterly entrance on U.S, 20, which is currently proposed' ~t 750 feet. The desirable minimum access spacktg on this highway is 1000 feet. A waiver will be considered if other reasonable options do not ex,st. The other issue involves the vertical geometry of thc FroFosed connection between Old I-l[ghway Roarl md U.S. 20 across from the Menard, lac. ear. mace. Ou~ depat'tment will require a "lauding platform" adjacent to the U.S. 20 t~affic lan~s. TA~% ~e profil~ grade of the connection may ~ery well exceed ttle proposed t0°/o. Page 2 'Ft~e Honorabla T~rance Duggan Mayor of Dabuque D~c.amber 14, 2000 Tha.~e is,uea nee. d $o be addressed by a technical review by engineering staff f~om both the city and out depavtmeut I otter the resources of our Dyersville stuff engin.e, er, Art Oourlcy, to help work Co_mug& this issue with city smffand rcpre~.=ntativcs from Mc. nard, Inc. Please cont~nct me ,fyou have any questions concerning th. is ]ett, Very truly yours, Richard E. Kau~= P.E. District Engin~r M~k¢ VanMitllgan, City Manager, Civ of Dubuque Mike Koch, P.E., Public Works Director/City Engineer, City of Dubuque Art (]oud~y, P.E., District Staff Engineer, Iowa' DOT, Dyorsvitl¢, IA 52040 Ixary I.lein~ Access Manager, Iowa DOI', Am~, IA 50010 Planning Services Department 50 West 13th Street Dubuque, Iowa 520014864 Phone (319) 589-4210 Fax (319) 589-4221 December ].2, 2000 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13t~ Street Dubuque IA 52001 RE: Rezoning - 3195 Hughes Court AG Agricultural District to LI Ught Industrial District to allow for construction of a warehouse building Hughes Court InvesOnent Co./Schneider Land Surveying 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. Di~cu~ion 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, stating 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. They noted that access to the site is adequate and has been reviewed by City Engineering and Fire Department staff. Recommendation By a vote of 6 to 0, 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. Respectfully submitted Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork REZONING STAFF REPORT Zoning Agenda: December 6, 2000 Property Address: Property Owner. Applicant: 3195 Hughes Court Hughes Court Investment Company Schneider Land Surveying Proposed Land Use: Existing Land Use: Adjacent Land Use: Former Zoning: Warehouse Vacant North - Agricultural East - Agricultural South - Industrial West - Agricultural 1934 - County; 1975 - County; 1985 -AG Proposed Zoning: LI Existing Zoning: AG Adjacent Zoning: North - AG East - AG South - LI West - AG Total Area: Property History: The property has been used for agricultural use since its annexation to the City. Physical Characteristics: The subject property lies to the northeast of Hughes Court behind an existing commemial building. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan designated this area for a mixture of light industrial and commercial service-type uses. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Access to the site will be through the property owner's existing parcel that fronts on Hughes Court. Hughes Court is built with a 60 feet of right-of-way. There are no traffic counts available for Hughes Court. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development. Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent properties as the parcel is well removed from existing development and provided adequate storm water control is provided. CIP Investments: None proposed. REZONING STAFF REPORT Page2 Staff Analysis: The applicant is requesting rezoning of a portion of Lot 1 Cedar Ridge Farm Place No. 3. The applicant has constructed a commercial building on an adjacent parcel with frontage on Hughes Court. Access to the proposed site will be through the applicant's existing property. The applicant is proposing to build a 12,000 square foot warehouse with associated parking. City utilities can be extended to the site and there will be storm water detention provided as part of the development. A portion of the property is already zoned Light Industrial, which was a court-ordered rezoning in the late 1970s. The Zoning Advisory Commission recently reviewed a rezoning request for an adjacent parcel from Agricultural to R-1 to allow the construction of a single-family home. While the subject parcel is adjacent to that parcel, the actual house location is approximately 800 feet from the proposed rezoning parcel. Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. Prepared by: ~' ,,/, ~ Reviewed: Date:~ ~ Proposed area to be rezoned. APPLICANT: Hughes Court Invest- ment Co./Schneider Land Surveying LOCATION: 3195 Hughes Court DESCRIPTION: To rezone property from AG Agricultural District to LI Light Industrial District to allow for construction of a warehouse building. gisproj~pl~kay\hughesct.apr EXHIBIT A Prepared by: SCHNEIDER Land Surveying and Planning P.O.Box 105 Peosta. Iowa 52068 Ph~Sig-556-9055 REZONING PLAT PART OF LOT ~, CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE DUBUQUE COUNTY, IOWA PROPRIETOR; HUGHES COURT INVESTMENT COMPANY SURVEY REQUESTED 6Y: KEVIN R, KIRPES 7936 COYOTE COURT DUBUQUE. IOWA 52003 PH~ 319-584-0336 · 60194 SO FT · t.84 ACRES EXISTING ZONING: AGRICULTURAL EXISTING BUILDING ~EHOUSE/OFFICE 5/8' REBAR w/ FOUND REBAR Part of Lot I tn Cedar Ridge Farm Place No. 3 tn the City of Dubuque, Dubuque County. Iowa more particularly described as follows: Beginning'at the westerly corner of said Lot t and the northerly corner of Lot 3 in Cedar Ridoe Industrial thence S72'59'40'E. t98.20 feet; [hence S31'03'55'E, 270.t2 CAP #4850 feet, to the southerly line of said Lot t; thence (TYP, UNLESS S78 27'22'W, 208.54 feet southerly corner of said Lot i and NOTED) the easEerly corner of Lot 3 in Cedar Ridge Industrial Oevelopment First Addition to the City of Dubuque. Dubuque County, Iowa; [hence NSI'O3'55"W, t84.98 feet along the line common to said Lots t and 3; thence N72°59'40'W, 254.92 feet to the point of beginning, containing 1.84 acres. GRAPHIC SCALE 1"=100' 0 ~00 200 300 I hereby certify that this land surveying document was prepared and the related survey work was performed ~)~/~i~~I a~t~e_~a~l~flic S Land Surveyor under/~~the laws of DaVid P. Scffnelder P.L.S. #14417 Oat~ Pages or sheets covered by this seal: THIS SHEET ONLY SCHNEIDER Land SurYeying & Planning P.O. Box i05 Peosta. Iowa Pro~ect: O0-O~62RZ Date: t0/30/2000 Sheet: t of i City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 [] Vadance [] Conditional Use Permit [] Appeal [] Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM ,~RRezoning B Planned 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 PRINT LEGIBLY IN INK PropertyOwner(s): /~//c)(.2/-/~'.5 C¢"~)~T- /'/-Jd<g~/T,'~g',O~- ~' -' ~--~¢~,i~¢¢',¢,~ Phone: Address: ~'~..~. ~__~,¢,',2~i'"~ ~"'~c,~r city: /,,.~)A2O,~J~" State: //~ Zip: Fax Number: -- Mobile/Cellular Number: " Applicant/Agent: _~- .~/,(.),%¥/,~.~. ,'/~ ~O~O~ ¢/~ Address: ~. ~O~ /~ Ci~: ~OSr~ Fax Numbe~ ~/ ~ - ~ ~ - ~ Mobile/Cellular Numben Site location/address: ~/?~- W~W~5 ~O~ Existing zoning: ~ Proposed zoning: ~- Z Historic district: ~ Landmark: Legal description (Sidwell Parcel ID number or lot numbedblock numbedsubdivision): To~l prope~ (lo0 area (square feet or acres): ~ ~ ~ Number of lots: Describe proposal and reason necessaw (aBach a leper of explanation, if needed): ~ Phone: State:/// CERTIFICATION: I/V/e, the undersigned, do hereby certif7 that: becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. Property Owner(s).:...----% /~ ~ /¢ . ~ The information submitted herein is true and correct to the best of my/our knowledge and upon submittal Date: Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee:~'~¢:~2,, ,~o Received by: ~:~:,L~ Date:~ Docket: [] Property ownership list-- ~e/sketch plan [3 Floor plan ylat d Conceptual development plan ~ Improvement plans ~ Design review project description [] Photo [] Other: Prepared I)~ Laura Carstens. City Planner Address: City HalL SO W. 13th Street Telephone: 589.-4210 ORDINANCE NO. -00 AN ORDINANCE AMENDING APPEND]:X A (THE ZONING ORDINANCE) OF THE Ct'TY OF DUBU(~UE CODE OF ORD~'NANCES BY RECLASSt'FY~NG HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF HUGHES COURT FROM AG AGRICULTURAL D[STR~TCT TO LI L/GHT t*NDUSTR[AL NOW, THEREFORE, BE 13' ORDAINED BY THE CI'TY COUNC/L 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 hemina~er described property from AG Agricultural District, to L1 Light Industrial District, as shown in Exhibit A, and to the center Dine 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. Seddon 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor 3eanne F. Schneider, C*~y Clerk F:\USE~S~M E~DA\~COUNC[L\ORD\FLYNN REA.ORD Platming Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 5894210 Fax (319) 5894221 December 12, 2000 The Honorable Mayor and City Council Membem City of Dubuque City Hall- 50W. 13~Street Dubuque IA 52001 RE: Rezoning - Vacant Lot on Kelly Lane (one lot north of 1171 Miller Road) R-1 Single-Family Residential District to R-2 Two-Family Residential District to allow for construction of a duplex Leonard Witt 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 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 concems for increased traffic and negative impact on property owners. 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. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. A super majority vote is needed for the City Council to approve the request. Respectfully submitted Eugene' Bird, Jr., Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 31g-589-4149 PLANNING APPLICATION FORM [] Variance [] Conditional Use Permit [] Appeal [] Special Exception [] Limited Setback Waiver '~aning ~: Planned 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 D Certificate of Appropriateness [] Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): .~ ~--,~,~/~.,, ~ ~, ~ ~,--~-- Fax Number: Mobile/Cellular Number: Applicant/Agent: Address: Fax Number: Site location/address: City: State: Mobile/Cellular Number:. Existing zoning: '~Y,-"-I Proposed zoning: ~-'--,2.~ Historic district: Legal description (Sidwell Parcel ID number or lot number/block numbedsubdivision): Phone: State: ...,~-¢t Zip: .j~.Z.¢ ~-,~ Phone: __ Zip:. Landmark: O t "tOt Total property (lot) area (square feet or acres): 3 ~3, (~(¢.~) Number of lots: Describe proposal and reason necessary (attach a letter of explanation, if needed): CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted 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 written and graphic materials are attached. Applicant/Agent: Date:_/g Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee:4~C:'?~t:)' ~'~ Received by: ~'J .'-~.~r"zl'~4'J\(/,~'-/Date:/O/~O ,/(DO Docket: [] Property ownership list/~te/sketch plan [] Floor plan" [] Plat [] Conceptual development plan [] Improvement plans [] Design review project description [] Photo .~ther: ~ DA10 DA9 MAIN FLOOR DAr0 DA9 UPPER FLOOR DAIO DA9 MIX & MATCH WITH DA8, DA9. DA10 Model ................................ DAI0 Length ............................... 56'-2" Depth ................................ 43'-0" First Floor .................. 646 Sq. Second Floor ............. 672 Sq. Ft. l.ivj ng' Area ............. 1318 Sq. FI. MAIN FLOOR UPPERFIOOR Model .................................. DA7 ! ,¢ngdt ............................... 55' Depth ................................ Firs! Floor .................. 728 Sq. Ft. Secgml Floor ............. 810 Sq. l,iving Area .L .......... 1538 SCl, FI. Proposed area to be rezoned Proposed Area to be Rezoned Applicant: Leonard Witt Location: Vacant Lot on Kelly Lane (one lot north of 1171 Miller Road) Description: To rezone property from R-1 Single-Family Residential District to R-2 Two-Family Residen- tial District to allow for construction of a duplex. kay~pl',witt apr Prepared by:. Laura C~,,=;..~-ns. Otv Planner Address: Otv Hall 50 W. 13'1~ Street Telephone: 589-4210 ORDtNANCE NO, -00 AN ORDINANCE AMENDt'NG APPENDIX( A (THE ZON1*NG ORDt'NANCE) OF THE CtTY OF DUBUi~UE CODE OF ORD~'NANCES BY RECLASS~'FY?NG HEREt*NAFTER DESCP~BED PROPERTY LOCATED ALONG KELLY LANE SOUTH OF PEGO COURT FROI~I R-1 Si'NGLE-FAIq[LY RESt'DENTZAL DISTRICT TO R-2 TWO-FAf41'LY RES[DENT/AL Dt'STR?CT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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 District, to R-2 Two-Family Residentia! District, to wit: ~t I of 2 of 2 of I of i Mineral ~t 511 and Lot 2 of i of 2 of 1 of 1 Mineral Lot 511 and to the centeF line of the adjoining publ~ r'E)ht-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 publicaUon, as provided by law. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor .leanne F. Schneider, City Clerk F:\USERS\MELIN DA\WP\COUNCIL\ORD\KELLYLAN.ORD REZONING STAFF REPORT Property Address: Property Owner: Applicant: Zoning Agenda: December 6, 2000 Vacant lot on Kelly Lane, one lot north of 1171 Miller Road Leonard E. Witt Leonard E. Witt Proposed Land Use: Two-family Residential Proposed Zoning: R-2 Existing Land Use: Vacant Existing Zoning: R-1 Adjacent Land Use: North - Single-Family residential East - Single-Family Residential South - Single-Family Residential West - Single-Family Residential Adjacent Zoning: North - R-1 East- R-1 South - R-1 West- R-1 Former Zoning: 1934 - County; 1975 - R-2; 1985 - R-1 Total Area: Property History: The property has been vacant since its annexation into the city. Physical Characteristics: The subject parcel has frontage on Kelly Lane and the back half of the property slopes steeply to the northwest. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not designate this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Kelly Lane is designated as a collector street and carries approximately 8,000 vehicle trips per day based on 1997 IDOT counts. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment. Adjacent Properties: The R-2 District would allow a small increase in the density of development possible when compared to the R-1 Single-Family Residential District. ClP Investments: None proposed. StaffAnalysis: The applicant is requesting rezoning of a 38,000 square foot parcel from R-1 Single-Family Residential to R-2 Two-Family Residential. Prior to 1975, the REZONING STAFF REPORT Page 2 parcel was zoned R-1 Single-Family Residential; however, between 1975 and 1985, the parcel was zoned R-2 Two"Family Residential, and was again rezoned to R-1 as part of the 1985 comprehensive rezoning of the city. Planning staff is unaware of any other duplex or multi-family units in the immediate area surrounding the proposed rezoning. The R-2 district differs mainly from the R-1 district in that two-unit structures are allowed as opposed to only single-family detached structures in the R-1 district. The surrounding property has been developed predominantly for single-family residential, Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. November 30, 2000 Zoning Adviso~ Commission 50w. 13 Street Dubuque, Iowa 52011 4864 Dear Commission Members We are against the proposed zoning ~ld/u~ development £04 the~lot on Kelly Lane(one lot north of 1171 Miller Road) as this would set a precedence for allowing rezoning of other property on Kelly Lane. We believe the rezoning of ~ prolJ~ ~y woutdb~h~ down the value ofproperty in the neighborhood on Kelly Lane near this site. In addition the extra traffic brought by amntfi-fanfily dwellh~g orr the hill will make it-dangerous to traffic due to the blind curve at the top near Pego Court. Sincerely, Thomas and M. Imelda Hoffanann 1390 Kelly Lane Dubuque, Iowa 52003-8529 STATEMENT OF OPPOSITION TO THE PROPOSED ZONING CHANGE. OF THE LOT ON KELLY LANE We, the mi~dersigne~t~ ~1o hereby declare that we are opposed to the rezoning request for the vacant lot on Kelly Lane (one lot north of 1171 Miller Road). We feel that rezoning the lot from R-1 Single-Family Residential to R-2 Two-Family Residential would result in lower neighborhood property values, would open the door to additional rezoning changes in the future, and would have a detrimental effect on the character of the neighborhood. NAME ADDRESS STATEMENT OF OPPOSITION TO THE PROPOSED ZONING CHANGE OF THE LOT ON KELLY LANE We, the u~dersigned~ '~io hereby declare that we are opposed to the rezoning request for the vacant lot on Kelly Lane (one lot north of 1171 Miller Road). We feel that rezoning the lot from R-1 Single-Family Residential to R-2 Two-Family Residential would result in lower neighborhood property values, would open the door to additional rezoning changes in the future, and would have a detrimental effect on the character of the neighborhood. NAME ADDRESS Planning Services Depoattment 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 5894210 Fax (319) 589~221 December 12, 2000 The Hono~e Mayor and City Council Membem City of Dubuque City Hall- 50W. 13mStreet Dubuque ]A 52001 RE: Rezoning Reconsideration (referred by the City Council) to rezone from C-2 Neighborhood Shopping Center District to C-3 General Commercial District 2100 John F. Kennedy Road Molo Big 10 Mart 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 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 change 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 commercial uses on the west side of John F. Kennedy Road and the office residenUal 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, that they could not rebuild. By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. A super majority vote is needed for the City Council to approve the request. Respectfully submitted Eugdfie Bird, Jr., Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork ~ Proposed area to be rezoned Key Way Hillcrest Rd. Applicant: Molo Big 10 Mart Location: 2120 John F. Kennedy Road Description: To rezone property from C-2 Neighborhood Shop- ping Center District to C-3 General Commercial District. M 0 L 0 123 SOUTHERN AVENUE PHONE 319 557-7540 RO. BOX 719 DUBUQUE, IOWA 52004-0719 November 9, 2000 Dear Council Members; I am writing regarding Molo Big 10 Mart's application to rezone our Big 10 Mart at 2100 JFK Rd. from C-2 to C-3. As directed under 6-1.1 of the zoning reclassification procedure in paragraph two, we will demonstrate that the requested reclassification is more appropriate then the present classification. Based on the results of the zoning advisory commission meeting of November 1,2000, it is obvious that we have not presented our rezoning request adequately. We are not requesting this rezoning just for the sake of rezoning itself, there are several compelling reasons for this property to be zoned correctly. Presently, the Big 10 Mart is a non-conforming C-2. When our property was initially zoned and our facility built, it was a conforming C-2, things developed and we excepted the special use permit to operate our Quick Lube instead of asking to be properly zoned as a C-3. We have recently completed a major re-model of this facility which updated our building to an attractive facility which greatly enhances the JFK corridor. It is important to protect our asset, we have put a considerable amount of money into making this location desirable and attractive to the community. As a non- conforming C-2 site, if a tornado, fire or other disaster were to destroy our location, we could not rebuild as is under the current C-2 zoning. If we wish to add a car wash to our facility, we could not, we wouid need to apply for another special use permit with no guarantees of acceptance. Ifwe wanted to add a quick serve restaurant to our facility (such as Burger King, McDonalds, etc.) in place of the current Quick Lube or added as a separate entity along with the existing facility, we would not be allowed under the present C-2 zoning. This puts us at a considerable competitive disadvantage, particularly with the other locations that are currently properly zoned as C-3 on JFK Rd. All of the convenience stores currently located on JFK except ourselves are zoned C-3. Because of this, our resale vaIue is lower, our expansion possibilities are limited and we have less signage flexibility under our current C-2 zoning. We realize keeping sign integrity on JFK Rd. is an important issue, our plan is to keep the existing free~standing sign as is. The signs that we plan to attach to the building will be less total square footage then what is presently allowable. The only difference being that the square footage will be divided into 3 signs instead of 1 (I will have photos available for you to view at the November 20th meeting). Our property fits the C-3 zoning criteria as noted on page 2 of the rezoning staff report. The general purpose and description of C-3 General Commercial district indicated that it is to "provide commercial uses, which are designed to serve the motoring public or uses requiring highway or arterial location for the most beneficial operation." City zoning staff have recommended approval for our application; in addition, not a single person attended the hearing to oppose the rezoning and finally, all of the convenience stores on JFK Rd. are zoned C-3 with the exception of ours. With all of these compelling reasons, we urge you to approve the rezoning of our property from C-2 to C-3 in accordance with article 6-1.1. Respectfully, Steve Gorius REZONING STAFF REPORT Property Address: Property Owner: Applicant: 2120 John F. Kennedy Road Molo Oil Company Molo Oil Company Zoning Agenda: November 1, 2000 Proposed Land Use: Existing Land Use: Adjacent Land Use: Commercial Proposed Zoning: C-3 Commercial Existing Zoning: C-2 North - Office Adjacent Zoning: North - C-2 East - Multi-Family Residential/Office East - R-3/OS South - Commercial South - C-3 West- Multi-Family/Office West- R-4/OS/OR Former Zoning: 1934-County; 1975 - R-5; 1985 - R-3 Total Area: Property History: Physical Characteristics: The subject property is located at the northeast corner of John F. Kennedy Road and Foothill Drive. The property is relatively fiat and has access to both John F. Kennedy Road and Foothill Drive. Concurrence with Comprehensive Plan: The subject parcel is not included as part of the 1995 Comprehensive Plan. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: John F. Kennedy Road is designated as a principal arterial and carries approximately 18,000 vehicle trips per day. Public Services: Existing public services are adequate to serve the site. REZONING STAFF REPORT Page 2 Environment: St~ff does not anticipate any adverse impact to the environment because of the proposed rezoning request. Adjacent Properties: Staff does not anticipate any adverse impact to the adjacent properties because of the proposed rezoning request. While the C-3 District does allow wider ranger of uses than the C-2 District, staff does not anticipate any significant impact to adjacent property as the existing use of the property as a convenience store, gas station and service station is one of the more intense uses allowed by the C-2 or C-3 District. CIP Investments: None proposed. Staff Analysis: The proposed rezoning by Molo Oil Company is to rezone the property at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center district to C-3 General Commercial District. The property is located at the northeast corner of John F. Kennedy Road and Foothill Drive. The applicant is requesting the change to allow more flexibility for future expansions on the property and because the C-3 General Commercial district is appropriate along John F. Kennedy Road. The subject parcel is surrounded by a mixture of commercial, office and multi-family zoning. The property immediately south of this parcel is occupied by Eagle Country Market. Property on both sides of John F. Kennedy Road is primarily zoned C-3 General Commercial south of Foothill all the way to Highway 20. The general purpose and description of C-3 General Commercial district indicated that it is to "provide commercial uses which are designed to serve the motoring public or uses requiring highway or arterial location for the most beneficial operation." REZONING STAFF REPORT Page 3 Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. CITY OF DUBUQUE, IOWA MEMORANDUH November 28, 2000 TO: FROM: SUBJECT: Zoning Advisory Commission Kyle L Kdtz, Associate Planner ~.~.~. Molo Oil Company Rezoning (referral by City Council) The City Council reviewed the rezoning request of Molo 0il Company for their business at 2120 3ohn F. Kennedy Road on November 20, 2000. The City Coundl received a letter from Molo Oil Company that provided a detailed explanation of their reasons for seeking the rezoning of their property from C~2 Neighborhood Shopping Center District to C-3 General Commercial District. :It was pointed out that this information was not made available to the Zoning Advisory Commission during your public headng of November 1, 2000, and that if available, may have altered the recommendation forwarded by the Zoning Advisory Commission. The City Council has referred the rezoning request by Molo Oil Company back to the Zoning Advisory Commission for their review in light of the additional information presented by the Company. Attached to this memo is the original staff report and the associated documents as well as the leL~er from Molo Oil Company. Staff recommends the Zoning Advisory Commission review the enclosed information and make a recommendation to the City Council. KLK/mkr Attachments Prepared by: Laura Camtens. City Planner Address: 0 W. 3 all Telephone: ORDt'NANCE NO. -00 AN ORDTNANCE AMENDTNG APPENDIX A (THE ZONTNG ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDTNANCES BY RECLASSIFYING HERETNAFTER DESCRIBED PROPERTY LOCATED AT 2120 3OHN F. KENNEDY ROAD FROM C-2 NE;rGHBORHOOD SHOPP~rNG CENTER DISTRZCT TO C-3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE ~ ORDAZNED BY THE cI-rY COUNC:[L OF THE C:[TY 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 C-2 Neighborhood Shopping Center District to C-3 General Commercial District, to wit: Lot 1 of Lot 2 Asbury Springs Subdivision No. 5 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Towa. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor 3eanne F. Schneider City Clerk F:\USERS\MEL[NDA\WP\OOUNCIL\ORD\2~,20] FKP,.ORD CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Concrete Repairs on North Grandview at Delhi Public Works Director Mike Koch is recommending approval of the Final Assessment Schedule for the Concrete Repairs on North Grandview at Delhi. I concur with the recommendation and respectfully request Mayor and City Council approval. M~c/hael C Van Mdhge'~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Work Director CITY OF DUBUQUE, IOWA MEMORANDUM November 14, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Concrete Repairs on North Grandview at Delhi Public Works Director Michael Koch is recommending acceptance of the project for concrete repairs on North Grandvie~v at Delhi as completed by Portzen Construction, Inc. in the amount of $121,899.07. I concur with the recommendation and respectfiilly 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: November 13, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~q~ -~//~) Concrete Repairs on North Grandview at Delhi INTRODUCTION The enclosed resolutions provide for the'acceptance of the contract for the concrete repairs on North Grandview at Delhi, gives preliminary approval to a Resolution of Necessity, establishes the Final Schedule of Assessments, and establishes the date for a public hearing on a Resolution of Necessity. DISCUSSION The project consisted of the replacement of several cracked panels and deteriorated joints. Also included in the project was the addition of a northbound, left-turn lane and the realignment of the northbound traffic lane directly across to the other side of Delhi Street. Work has been completed on the concrete repairs on North Grandview at Delhi by Portzen Construction, Inc. in the final contract amount of 9121,899.07. During the construction, it was determined that the properties of 485 and 495 North Grandview had lead water services that needed replacement. The property owners were notified that the services should be replaced with copper pipe and that the work could be done and assessed as part of the construction project. Both property owners have waived the notice by publication and mailing of a public hearing on the special assessments, and have requested the Council adopt a Resolution of Necessity pursuant to Section 384.41 of the Code of Iowa (Assessment Petition by Property Owners). Address 485 North Grandview 495 North Grandview RECOMMENDATION Property Owner McConnell, Laverne D. Jackson Smith, Steven Proposed Water Service Assessment ,899.56 ,899.56 I would recommend that the City Council accept the improvements and that the final contract be established at 9121,899.07. I would further recommend preliminary adoption of a Resolution of Necessity and the setting of a public hearing on the Resolution of Necessity for December 18, 2000. BUDGET IMPACT A summary of the project is as follows: Bid Final Construction Contract Contingency Engineering Estimate 9106,491.65 ~121,899.07 12,260.81 0 20,230.33 2,437.98 Total Project Cost $138,982.79 $124,337.05 The project will be funded through the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repairs by the Operations & Maintenance Department, which has a total project funding of $155,000.00. ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement, establishing the final contract amount, give preliminary approval to the Resolution of Necessity, approve the Final Schedule of Assessments, and establish the date for the public hearing through adoption of the enclosed resolutions. MAK/vjd Prepared by Michael Felderman, Civil Engineer ASSESSMENT ACCEPTANCE AND WAIVER FORM CONCRETE REPAIR ON NORTH GRANDVIEW AT DELHI I, property owner of the Parcel 10-26-251-024 of Lot 4, Hodge's Subdivision, in the City of Dubuque, Iowa, agrees to the increase in assessments of $1,899.56 for the replacement of the lead water service at ~, 95 North Grandview. I, the underesigned, agree to waive notice to property owners by publication and mailing of public hearing on this matter as provided for in Section 384.50 of the Code of Iowa. roperty Owned_./ August 18, 2000 ASSESSMENT ACCEPTANCE AND WAIVER FoRM CONCRETE REPAIR ON NORTH GRANDV EW AT DELHI I, property owner of the Parcel 10-26-251-024 of Lot 5, Hodge's Subdivision, in the City of Dubuque, Iowa, agrees to the increase in assessments of $1,899.56 for the replacement of the lead water service at 495 North Grandview. I, the underesigned, agree to waive notice to property owners by publication and mailing of public hearing on this matter as provided for in Section 384.50 of the Code of Iowa. Pro_p~rt~ O~:~r Date RESOLUTION NO. -00 ACCEPTING IMPROVEMENT Whereas, the contract for the Concrete Repairs on North Grandview at Delhi 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 Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repairs in amount equal .to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 FINAL ESTIMATE Whereas, the contract for the Concrete Repairs on North Grandview at Delhi 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 $124,337.05. Section 2. That $3,799.12 of the cost thereof shall be assessable upon private property and $120,537.93 shall be paid from the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repairs. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 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 Concrete Repairs on North Grandview at Delhi Project. 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 Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repair, 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 ,2000. Approved and placed on file for final action. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, city Clerk RESOLUTION NO. -00 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 Concrete Repairs on North Grandview at Delhi Project, 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 18th day of December, 2000, a public headng 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, adopte~t and approved this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST BENEFITTED PROPERTIES FOR THE CONCRETE REPAIRS ON GRANDVIEW AT DELHI PROJECT WITHIN THE CITY OF DUBUQUE, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE CONCRETE REPAIRS ON GRANDVIEW AT DELHI PROJECT, WITHIN THE CITY OF DUBUQUE, IOWA: The improvement type(s) and the location(s) is (are) as follows: Installation of copper water services for the properties which are described as follows: McConnell, Laveme D. Jackson Lot 4 Hodge's Subdivision Smith, Steven Lot 5 Hodge's Subdivision. $1,899.56 $1,899.56 You are hereby notified that the final schedule of assessments against benefitted properties within the District described as.the Concrete Repairs on Grandview at Delhi Project, has been adopted and assessments confirmed and levied by the City Council of Dubuque, Iowa, and that said schedule of assessments has been certified to the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE OFFICE OF THE COUNTY TREASURER, DUBUQUE COUNTY COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE, IOWA, 52001 UNTIL After unpaid special assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) pement computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1st of each year. Property owners may elect to pay any annual installment semiannually in advance. All properties located within the boundaries of the Concrete Repairs on Grandview at Delhi Project above described have been assessed for the cost of the making of said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on file in the office of the County Treasurer of Dubuque County, Iowa. For further information you are referred to said schedule of assessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. Jeanne F. Schneider City Clerk 0o) O0 pARTIAL PAYMENT: r NAME: CO~CTOR: CODE City of Dubuque FrNAL Reconslract/on of Grandview and Dehli Intersection Por~en Construction, inc. ITEM DATE: Nov. 15,2000 CONTRACT AMOUNT: $106,491.65 QTY. UNIT COST TO DATE COST 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 E3 E4 E5 E6 E7 E8 E9 1103.0200 Excavation, Unclassified 1105.0103 Backfill Topsoil 1202.0100 Granular Subbase 1301.1305 ACC Binder Patches 1401.1600 PC Concrete Pavement. (7"), M-4 1402.0168 PCC Concrete Pavement 8" w/Integral Curb, M4 1402.0500 Removal of Concrete Pavement (w/curbs) 1402.0700 Adjusmaent of F~e in Concrete Pavement 1404~0546 PCC Driveway, 6", Remove and Construct 1404.0554 PCC Sidewalk, 4", Remove and Construct 1501.2280 Manimle, Ring (Frame) and Cover 1503.2719 Water Valve Box, (Street) Replace Upper Sections and Lids 1602.0100 Sodding 1703.0400 Trench, Conduct 1705.0100 Sawcut Concrete 1705.0200 Asphalt Sawcut 1902.0100 Electrical Cable #8 AWG 1910.0000 Pull Box 1913.0100 Relocate Street Light pole and Fixture 1801.0000 Pavement Marldng 2o0o.0OOO Traffic Control EXTI~. WORK PCC Concrete Pavement 8' w/integral Curb, e-4 3" Crashed Stone Flowable Mortar 6"PVC Storm Water Curb Outlet Box Curb and Gutter Remove and Replace Sanitary Manhole Complete Water Service Replacement Sodding Credit I hereby certify that tl~ abox[6 statement shows In detail the correct amount~t wo~ req~re~7om~{~ above improvement Michael'Van Milligen, City Manager ~ City of Dubuque,Iowa CY $5.50 166 $913.00 $15.00 $0.00 $8.25 590.82 $4,874.27 $100.00 33.02 $3,302.00 $27.50 346.27 $9,522.43 $28.00 226.96 $6,354.88 $3.00 2373.11 $7,119.33 $150.00 2 $300.00 $35.00 86.06 $3,012.10 $3.75 975.67 $3,658.76 $250.00 1 $250.00 $110.00 $0.00 CY Ton Ton SY SY SY Each SY SF Each Each SY $15.00 385 $5,775.00 LF $3.50 156.5 $547.75 $3.00 151.6 $454.80 $2.00 89.8 $179.60 $1.10 510 $561.00 $235.00 1 $235.00 LF LF LF Each Each $400.00 1 $400.00 $600.00 1 $600.00 $4,887.00 I $4,887.00 LS LS SY $27.65 1978.07 $54,693.64 Tons $8.25 42.18 $347.99 CY $75.00 I $75.00 LS $30.00 I $30.00 Each $90.00 1 $90.00 LF $15.00 6.9 $103.50 LS $6,400.00 1 $6,400.00 LS $8,367.02 1 $8,367.02 SY ($3.00) 385 ($I ,155.00) TOTAL DElE CONT1LA_CTOR ENGINEERING TOTAL CONSTRUCTION COST $121,899.07 $2,437.98 $t24,337.05 Michael A. Koch Public Works The undersigned, , conh'actor for the above improvement, does hereby accept the above "Total Due Conlractor", as full settlement for all claims for said improvement. CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Miltigen, City Manager Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project Bids were received for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. Public Works Director Mike Koch is recommending award to the low bidder, Peterson Contractors Inc. in the amount of $166,100, with the City paying the cost of any landfill fees, currently estimated at $150,000 - $200,000, the possible $3,000 expense for electrical transformer disposal, and the previous award of $3,200 asbestos removal contract, making the total project cost estimated at $373,000. This is 25% under the original $500,000 estimate. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Mill)genr~' MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director Pamela Myhre, Acting Community & Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: December 13, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~/~/ Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project INTRODUCTION The enclosed resolution provides for the award of contract for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance 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 Warehouse and Carriage building demolition, all asbestos containing building materials need to be removed from the property. On November 20, 2000, City Council awarded an asbestos abatement contract which will be completed no later than December 22, 2000. The Demolition and Site Clearance project shall include the complete demolition of existing structures, which includes the excavation of building foundations and the removal, cleanup and disposal of all building materials from the former Plastics Center, Inc. property. The project shall also include the disconnection and abandonment of both City and public utilities to the Cold Storage Warehouse and Carriage Building. DISCUSSION Prior to receiving bids for the project, staff conducted an on-site pre-bid meeting, in which fourteen (14) contractors attended and were allowed to fully inspect the warehouse and carriage building. Based upon questions raised by contractors at the pre-bid meeting, staff felt it was necessary to provide additional information to the contractors and clarify the scope of work for demolition operations and the disposal of demolition materials, Staff hired a local contractor to perform exploratory subsurface excavations at both interior and exterior locations of the Cold Storage Warehouse. The exploratory excavations provided visual information on the size and depth of column foundations, the depth and composition of the floor slabs, the type and apparent quality of subgrade materials under the warehouse floor and the depth of the exterior perimeter foundations walls. Approximately 60% of the concrete floor within the warehouse are of a multi-layer construction, including a top 7" layer of concrete, a middle 6" layer of cork or foam and a bottom 4" subfloor layer of concrete. All exploratory excavations were left open for visual inspection by any interested or prospective bidder. All subsurface exploration information was then given to the prospective bidders via a pre-bid addendum and included digital photos of each excavation for the prospective bidders to review. The former Plastics Center, Inc. cold storage warehouse is constructed with concrete, brick, masonry block, internal steel columns, beams and trusses with either cork or foam insulation incorporated into the interior and exterior walls, roofing materials and concrete floor slabs. A substantial portion of the exterior brick or masonry block walls have a spray-on foam insulation which is attached to the exterior walls. Based upon both DNR and Federal solid waste landfill regulations, all loose foam, cork, insulation or materials with foam, cork, insulation attached which can not be separated, such as concrete, masonry block or brick, all timber and wood building materials, roofing materials and railroad ties, are classified as solid waste and are required to be disposed at a permitted landfill. To comply with DNR and Federal regulations and reduce the potential liability of the City, the contractor will be required to dispose of all solid waste demolition materials at the Dubuque Solid Waste Landfill. In an attempt to encourage competitive lump sum bid proposals and eliminate the contractors cost, profit plus an unknown contingency factor to cover landfill disposal charges, the City Manager authorized the City to incur all landfill solid waste disposal costs associated with the project. This information was given to the prospective bidders via a pre-bid addendum. Based upon subsurface exploration information and reviewing the building materials, staff has estimated that the landfill disposal charges could range from 8150,000 to 8200,000. The contractor shall be responsible for providing an offsite disposal area and transport all solid fill, salvageable or scrap materials to the offsite disposal location. The City will not incur any landfill disposal charges for solid fill, salvageable or scrap materials. Upon inspecting the former Plastics Center, Inc. property, staff discovered twelve (12) electrical transformers and twelve (12) oil-switching units. The City has hired Alliant/Interstate Power to inspect the property and sample all electrical transformers and oil-switching units. The samples were sent to a testing facility to determine if any equipment contain hazardous materials (PCB's). The results of the tests indicated that of the twenty-four (24) samples, only one (1) tested positive for PCB's levels above the allowable threshold. The City will be required to hire a specialized contractor to dispose of the hazardous material electrical transformers and oil-switching units, with initial estimates ranging from 82,000 to 83,000. The remaining electrical transformers and oil-switching units, which tested negative for hazardous material levels, will be disposed of as salvageable or scrap materials. Alliant/Interstate Power has agreed to work with the City to dispose of the electrical transformers and oil-switching units. Staff is optimistic that the disposal of the non-hazardous electrical transformers and oil-switching units will be at a minimal or no cost to the City. The prospective contractors were informed via a pre-bid addendum, that the City assumes all responsibility and liability to remove and dispose of any hazardous materials found or uncovered on the Plastic Centers, Inc. property. The completion date for the project was initially specified as February 2nd, 2001, but due to concerns expressed by several contractors, the completion date for the project has been extended to February 15, 2001. This will provide an additional thirteen (13) working days for the contractor to fully complete the project. The prospective contractors were informed via a pre-bid addendum of the new completion date. BID RESULTS Sealed bids were received on the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project on December 12, 2000. The Iow bid was submitted by Peterson Contractors Inc. of Reinbeck, Iowa, in the lump sum amount of $166,100, with the City to incur all landfill solid waste disposal costs and an~/ hazardous material mitigation cost associated with the project. The following is a summary of the bid proposals received: Peterson Contractors, Inc. Tschiggfrie Excavating Portzen Construction W.C. Stewart Construction $166,100 $198,600 8255,975 8465,000 RECOMMENDATION I would recommend that the contract be awarded to Peterson Contractors, Inc. in the lump sum amount of $166,100. Peterson Contractors, Inc. is a well respected construction company with extensive experience in demolition projects, with sufficient resources to complete the project within the specified schedule. BUDGET IMPACT Due to the aggressive project schedule, staff had not the opportunity to consult with demolition contractors and develop a project cost estimate. The following is a summary of the potential project costs: Demolition Contract Landfill Disposal Charges Hazardous Material Mitigation Cost 8166,100 8150,000to $200,000 82,000 to 83,000 The project wilt be funded with General Fund balances from Fiscal Year 2001 revenues over-budget and from DRA surplus distribution. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution awarding the demolition and site clearance contract to Peterson Contractors, Inc. Prepared by Robert D. Schiesl, Civil Engineer cc: Pauline Joyce, Administrative Services Manager Pam Myhre, Acting Community and Economic Development Director RESOLUTION NO. -00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of November, 2000. Whereas, said sealed proposals were opened and read on the 12th day of December, 2000, and it has been determined that the bid of Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $166,100.00 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 Peterson Contractors, Inc. 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 ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM November 15, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project Public Works Director Mike Koch is recommending that a public heating be set for December 18, 2000, to consider the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. I concur with the recommendation and respectfully request Mayor and City Coancil 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 November 14, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project INTRODUCTION The enclosed resolutions authorize the public bidding procedures for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance 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 on February 15, 2001. Prior to starting the Warehouse and Carriage building demolition, all asbestos containing building materials need to be removed from the property. On November 20, 2000, City Council will award a contract for the removal of asbestos with a project completion date of December 22, 2000. DISCUSSION The Demolition and Site Clearance project shall include the complete demolition of existing structures, which includes the excavation of building foundations and the removal, cleanup and disposal of all building materials from the former Plastics Center, Inc. property. The project shall also include the disconnection and abandonment of both City and public utilities to the Cold Storage Warehouse and Carriage Building. The schedule for the project will be as follows: Advertisement for Bids Notice of Public Hearing on Plans and Specifications Receipt of Bids Public Hearing Award of Contract · Completion Date November 24, 2000 December 1, 2000 December 12, 2000 December 18, 2000 December 18, 2000 February 2, 2001 RECOMMENDATION I would recommend that the City Council establish the date for the public hearing, and authorize the City Clerk to advertise for proposals for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance.Project. BUDGET Due to the aggressive project schedule, staff has not had the opportunity to consult with demolition contractors and develop a project cost estimate. The project will be funded with General Fund balances from Fiscal Year 2001 revenues over-budget and from DRA surplus distribution. ACTION TO BE TAKEN The City Council is requested to establish the date for the public hearing and to authorize the City Clerk to advertise for proposals through adoption of the attached resolutions. Prepared by Robert D. Schiesl, Civil Engineer cc: Pauline Joyce, Administrative Services Manager Para Myhre, Acting Community and Economic Development Director RESOLUTION NO. -00 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, and the form of contract for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 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 the form of contract and placed same on file in the office of the City Clerk for public inspection of the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of December 2000, 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 ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, and the proposed form of contract for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, and the form of contract of cost for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 18th day of December, 2000, 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. 2000. Published by order of the City Council given on the day of Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, plans, specifications, and the form of contract were filed with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance 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 ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance 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 10:00 a.m. on the 12th day of December, 2000. 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 18th day of December, 2000. Passed, adopted and approved this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, plans, specifications, and the form of contract were filed with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. Whereas, noticeof 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 ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Human Rights Depm°anent City Hall Annex 1300 Mo~n S~ceet Dubuque, Iowa 52001-4732 (33.9) 589-43.90 (319) 589-4299 FAX (317) 589-4193 TDD December I 1, 2000 Honorable Mayor and City Council Members 50 W. 13t~ Street, City Hall Dubuque, Iowa 52001 Dear Mayor Duggan and City Council Members, As chair of the Dubuque Human Rights Commission, I wish to submit an amendment to Chapter 27, Section 27-27(4) for consideration by the City Council. The commission, in its regular review of the ordinance sections pertinent to our work, believes that the language of the ordinance is in need of change to better reflect the current situation in our city and to more accurately represent the purpose of the commission's activity. The attached memorandum from Human Rights Director to City Manager Mike Van Milligen details the specific changes we request. We ask that you approve these changes at the December 18, 2000 City Council meeting. Should questions arise, I am available at 588-5151 (work) or at home 588-4487. Thank you for your thoughtful consideration of this request. Sincerely Thom Determan, Chair Human Rights Commission Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM November 20, 2000 TO: Michael Van l~alligen, City Manager FROM: Kelly Larson, Human Rights Director SUBJECT: Proposed Ordinance Change BACKGROUND The purpose of this memo is to present for City Council adoption, an amendment to Chapter 27, Section 27 -27(4) of the Code of Ordinances of the City of Dubuque. RECOMMENDATION The Human Rights Commission is recommending the adoption of the attached ordinance. The Commission is concerned that the current language in the ordinance does not accurately reflect the scope of the Commission's duties. First, the current language refers to the Commission's role in promoting "good will. among the various protected groups under this chapter." The Commission is of the belief that "good will" is a vague term subject to various interpretations. They recommend substituting "civil and respectful behavior" as a more accurate description of the attitudes they are seeking to promote. Second, the Commission is concerned that the goal refers to furthering good will "among protected groups," which could be read to suggest that good will between protected groups and the "majority" is irrelevant. Consequently, they recommend that the ordinance be amended to reflect their duties as promoting "civil and respectful behavior" among all residents. Finally, the Commission is concerned that the ordinance refers to activities that tend to "minimize or eliminate" discrimination. The Commission believes that reference to "minimizing" discrimination suggests that some amount of discrimination is acceptable. Consequently, they recommend deleting the word "minimize," so that the ordinance refers only to eliminating discrimination. BUDGET IMPACT There is no budget impact anticipated because of the adoption of the attached amendments. ACTION STEP The requested action is for the City Council to adopt the attached ordinance amending Chapter 27, "Human Relations" of the Code of Ordinances of the City of Dubuque at their December 4, 2000, Council meeting. EFFECT OF PROPOSED ORDINANCE AMENDMENT Section 27-27(4). Powers And Duties: To issue such publication and reports of investigations and research as in the judgment of the Commission shall tcnd to promote gocd :-:il! among ~.e ;,a.-Sc-~ 9rctectsd grc',~ civil and respectful behavior under C-hapte~-which shall tend to ~ elinfinate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability or marital status. ORDINANCE NO. O0 AN ORDINANCE AMENDEDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-27(4) POWERS AND DUTIES AND ENACTING A NEW SECTION 27-27(4) POWERS AND DUTIES IN LIEU THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 27-27(4) Powers and Duties. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting a new Section 27-27(4) Powers and Duties in lieu thereof as follows: Section 27-27(4). Powers And Duties: To issue such publication and reports of investigations and research as in the judgment of the Commission shall promote civil and respectful behavior which shall tend to eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability or marital status. Passed, approved and adopted this day of ,2000. TerranceM. Duggan Mayor Attest: Jeanne Schneider . City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vision Iowa The Dubuque County Historical Society, Dubuque Area Chamber of Commerce and the City of Dubuque are continuing work on the Vision Iowa Application that will be submitted to the State of Iowa to provide financial assistance to the America's River Project. I respectfully recommend approval of the attached Resolution committing City support in excess of $29 million (not including leveraged development activities) to the $184 million America's River Project. MCVM/jh Attachment CC: Michael C. Van Milligen Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager 68:0I t't~ §1 33121 O0 RESOLUTION NO. 589 -OO RESOLUTION OF CITY OF DUBUQUE SUPPORT FOR THE VISION IOWA APPLICATION FOR FUNDS FOR AMERICA'S RIVER FOR THE MISSISSIPPI RIVER EDUCATION AND CONFERENCE CENTER AND THE MISSISSIPPI RIVER DISCOVERY CENTER AND AQUARIUM AT THE PORT OF DUBUQUE. Whereas, the citizens of Dubuque have been working together since 1992 on plans to reclaim the riverfront for the enjoyment of the community and its many visitors; and Whereas, the City of Dubuque, the Dubuque County Historical Society, and the Dubuque Area Chamber of Commerce have formed a strong partnership to lead the community in efforts to develop Dubuque's riverfront into a world-class attraction; and Whereas, there as been extraordinary levels of private participation in the fundraising for the riverfront development efforts from individuals, corporations, and government agencies; and Whereas, the City of Dubuque is committing to construction of a riverwalk and other infrastructure improvements on the riverfront and in the adjacent downtown area; and Whereas, the private sector has made significant financial commitments, which will leverage the public investment and increase the level of interest in the Dubuque Riverfront; and Whereas, the construction of the Mississippi River Education and Conference Center on the Port of Dubuque will provide the venue to host groups and individuals from around the world and make Dubuque and Iowa the center for learning about the Mississippi River and the State of Iowa; and Whereas, the plans for the development of Dubuque's riverfront meet the goals of the Vision Iowa program by providing Iowa with this world-class attraction; and Whereas, the planning for the development of Dubuque's riverfront is at the stage where the community is ready to begin the construction phase for the major infrastructure improvements of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: The City of Dubuque hereby lends it continued support to the efforts of the community for the development of the riverfront of the Mississippi River. Section 2: The City of Dubuque together with its partners, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce, commits over $29 million in City funds, over $20 million in private participation, over $8 million in federal grants, and over $17 million in private fund raising and land donations to match almost (~58 million in Vision Iowa funds toward construction of the America's River project in the Port of Dubuque. Passed, approved and adopted this . day of ,2000. Terrance M. Duggan Mayor Attest: Jeanne F. Schneider City Clerk AMERICA'S RIVER PROJECT SUMMARY OF CITY PARTICIPATION Plastic Center Inc. Property Acquisition Site Preparation/Demolition/Cleanup Mississippi Riverwalk and Heritage Trail Riverwalk Land Purchase-Fisher/Brewery Property Acquisition for Future Development Education & Conference Center Furnishings 4th Street Dev.-Part of Street Program Utility Relocations and Parking Lot Repair Infrastructure Extensions in Port of Dubuque Telecommunications-Conduit/Fiber/Network Wall on West End of Harbor-Safety 375 Stall Parking Lot Master Plan Phase Ii and III Gateways-Locust & Bluff to 3rd & 4th &5th New 3rd Street Ramp Shot Tower Architectural Assessment Pyatigorsk and Water Works Parks Five Flags Renovation Projects FY 02-06 Wayfaring Signs 3,900,000 1,300,000 3,429,046 682,400 2,430,000 600,000 755,000 506,000 320,300 500,000 900,000 450,000 225,000 410,300 6,323,000 5,000 1,173,000 5,413,310 150,000 $29,472,356 * New projects in the Fiscal Year 2002-2006 Capital Improvement Program CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Mitligen, City Manager No Parking - Fifth Street Public Works Director Mike Koch is recommending two amendments to the ordinance on Fifth Street parking. On the newly-constructed portion of Fifth Street, from Iowa to Locust, the ordinance prohibits parking on the north side from Iowa to Main Streets, but creates drop-off zones similar to 8th Street. Fifth Street is removed from the back-in angle parking configuration, due to the narrowing of the street. I concur with the recommendation and respectfully request Mayor aild City Council approval. M~a~Millig~tOefl~~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Koch, Public Works Director Michael A. No Parking - Fifth Street INTRODUCTION The enclosed Ordinances provide for two amendments to the Motor Vehicles and Traffic Sections of the Code of Ordinances of the City of Dubuque, concerning parking restrictions and angle parking on Fifth Street. DISCUSSION The first Ordinance restricts parking along the newly-constructed portion of Fifth Street, from Iowa to Locust Streets. The Ordinance prohibits parking on the north side of Fifth Street between Iowa and Main Streets, but allows vehicles to stop in the designated drop-off area for the sole purpose of allowing passengers to enter or exit a vehicle. The second Ordinance removes Fifth Street from the Ordinance requiring back-in angle parking. This change is necessary because the Fifth Street was narrowed by 11 feet and can no longer accommodate the width needed for angle parking. RECOMMENDATION I would recommend adoption of the "No Parking" zone on the north side of Fifth Street, except for the designated drop-off area, and the rescinding of the back-in angle parking Ordinance on the recently-reconstructed Fifth Street, from Iowa Street to Locust Street. ACTION TO BE TAKEN The City Council is requested to adopt the attached traffic Ordinances. MAK/vjd Prepared by Bill Schlickman, Traffic Engineering Assistant cc: Cindy Steinhauser, Parking Division ORDINANCE NO, __-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-262(d) PROHIBITING PARKING AT ANY TIME IN CERTAIN DESIGNATED ZONES RELATING TO FIFTH STREET BETWEEN IOWA AND LOCUST STREETS · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by deleting from Subsection (d) of Section 32-262 the following: Fifth Street, West, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Fifth Street, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street and from Iowa Street to Main Street, provided, however, it shall not be unlawful to stop, but only in the drop-off areas provided, for the sole purpose of and for the time necessary to aJlow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. Passed, approved and adopted this day of ,2000. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ORDINANCE NO.__~0 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING A PORTION OF SUBSECTION (g) OF SECTION 32-263 RELATING TO ANGLE PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting from Subsection (g) of Section 32-263 thereof as follows: Fifth Street, north side, from Iowa Street to Locust Street. Passed, approved and adopted this day of ,2000. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager No Parking in Alley by Lincoln School In response to a petition, Public Works Director Mike Koch is recommending that parking be prohibited in the alley that is 100 feet north of and parallel to West Fifth Street, from Alpine to Nevada. I concur with the recommendation and respectfully request Mayor and City Council approval. · an ±Vhl,,~en MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Koch, Public Works Director Michael A. No Parking in Alley by Lincoln School INTRODUCTION The City has received a petition from residents on Alpine and Nevada near West Fifth Street to have parking restricted in the alley adjacent to the rear of their properties.' DISCUSSION The alley referred to in the petition extends from Alpine to Nevada and is located approximately 100 feet north of and parallel to West Fifth. Halfway between Alpine and Nevada, another alley extends to the north and intersects with University Avenue. The alley varies in width from 15 to 20 feet. A map of the requested "No Parking" area is attached. All but one of the properties adjacent to the alley has off-street parking, all of which take access from the alley, The one that doesn't only has parking in front of the residence on West Fifth Street. The Police Department has indicated that there have been 14 calls for service to this area in the last 8-1/2 years. (Although not indicated on the calls for service record, it is the opinion of the Police Department that most of these calls were related to parking in the alley.) The City Operations and Maintenance Department has confirmed the petitioners' claims in that they also have difficulty in negotiating this alley for its yard waste collection vehicles, The recycling and refuse trucks have not indicated a problem. RECOMMENDATION I Would recommend that parking be prohibited in the alley due to the narrowness of the alley and the numerous complaints of the alley being blocked by parked 'vehicles. MAK/vjd Prepared by Bill Schlickman, Traffic Engineering Assistant ORDINANCE NO. ~-00 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING THE ALLEY BETWEEN WEST FIFTH STREET AND UNIVERSITY AVENUE FROM NEVADA STREET TO ALPINE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Alley, both sides, between West Fifth Street and University Avenue from Nevada Street to Alpine Street Passed, approved and adopted this day of ,2000. Te~ance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk oy~ op,~u S~ SITE LOCATION Not To Scale MELROSE TER VICINITY MAP PURPOSE: No Parking in Alley Between W. Fifth and University from Nevada to Alpine Showing the Spirit Mr. and Mrs. Myron Cole 615 Alpine Street Dubuque, Iowa 52001 City Hall 50 West 13th Dubuque, Iowa 52001 Od~ober 9, 2000' Dear Honorable Mayor Duggan and Council Members We've been experiencing parking problems in the alley between Nevada Street and Alipne Street and 615 Alpine Street and 555 Alpine Slreet. On multiple occasions there have been vehicles ticketed and towed. Parking in this alley makes it impossible to enter and exit our driveway. This is causing great difficulties for the recycling and garbage tracks as w~ll. This is a very narrow brick alley which becomes very treacherous in the winter. Vehicles often slide into our yard. We would like to request that the alley become a "No Parking" zone. Sincerely. Sandra and Myron Cole We would like the alley between Nevada Street arid Alpine Street between 555 Alpine and 615 Alpine become a "NO PARKING ZONE". CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Barge Fleeting on the Mississippi River The City Council, at its December 4, 2000 meeting, reviewed the three proposals from Artco to lease City property for barge fleeting. The sites included City Island, the Sinclair site and the Riprow Valley site. The City Council eliminated the City Island site and gave instruction to prepare information on fleeting at the Riprow Valley site and Sinclair site. A previous agreement approved by the City Council related to the purchase and finalizing of the R/prow Valley property states, "The City agrees that it will restrict use of the property to recreational open-space uses, and it will not permit use for commercial, industrial or residential purposes, except that, if necessary, the City may expand its existing water pollution control plant on the westerly 500 feet of the property." I apologize that this information was not brought forward sooner. I respectfully recommend that the Riprow Valley site be removed from consideration for the January 15, 2001 Public Hearing. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 7, 2000 To: Michael C. Van Milligen, City Manager From: Tim Moerman, Assistant City Manager RE: Barge Fleeting on the Mississippi River The City Council, at its December 4, 2000 meeting, reviewed the three proposals from Artco to lease City property for barge fleeting. The sites included City Island, the Sinclair site and the Riprow Valley site. The City Council eliminated the City Island site and gave instruction to prepare information on fleeting at the Riprow Valley site. The documents for the purchase of the 21 acres of property from Bob and Lavita Klauer include a Guarantee Agreement. The Guarantee Agreement was necessary to ensure that the City received the final $240,000 of the payment to the Klauers if there is a funding shortfall after a 36-month period. The Purchase Agreement was signed by eight individuals who are collectively providing a personal guarantee of the final $240,000 of the payment. One of the provisions of the Guarantee Agreement is item 4., which states that, "The City agrees that it will restrict use of the property to recreational open-space uses, and it will not permit use for commercial, industrial or residential purposes, except that, if necessary, the City may expand its existing water pollution control plant on the westerly 500 feet of the property." A copy of the Guarantee Agreement and a map of the property are attached. I contacted Corporation Counsel Barry Lindahi and he advised that the Guarantee Agreement prohibits the City from leasing the Riprow Valley property for the purpose of Barge fleeting. Also, Planning Services Manager Laura Carstens submitted an attached memo stating that the R/prow Valley site was recently rezoned to R-1 Single-Family Residential. Let me know if you need any more information. Cc: Barry Lindahl, Corporation Counsel Mike Koch, Public Works Director Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 6, 2000 TO: FROM: SUB3ECT: Michael C, Van Milligen, City Manager Laura Carstens, Planning Services Manager Barge Fleeting at Riprow Valley Site The proposal by Artco to fleet barges at the Riprow Valley site would require rezoning the dyer from R-! Single-Family Residential to H! Heavy industrial. LC/mkr GUARANTY AGREEMENT This Guaranty Agreement is made and entered into fids 30th day of June 2000, by and between the City of Dubuque, Iowa (the City) an~" (Guarantors). Whereas, the City is considering entering into an agreement (the Agreement) for the purchase of certain real property, to be used for park and recreation purposes, and for the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the subject real property, a copy of which Agreement is attached hereto as Exhibit A; and _ __Whereas, the~City doe_s_no~t h_av_e available sufficient tim& for the purchase price payable under the Agreement; and Whereas, the City intends to raise the additional funds necessary for the purchase of the real estate fi:om state and federal grants; and Whereas, in the event the City is unable to raise all of such required additional funds, the City will require guarantors to ensure payment on behalf of the City of a portion of the purchase price; and Whereas, Guarantors are supportive of the City in its commil~nent of the real property to park and recreation usage, and the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the real estate; Now, therefore, in consideration of the mutual promises herein contained, it is agreed by and between the parties as follows: 1. Upon and after execution of the Agreement, the City shall exert its good faith efforts to raise the balance payable under the Agreement prior to July 1, 2003, and shall keep the Guarantors advised, promptly upon the Guarantors' reasonable demands, of its efforts and success in securing the required funding fi:om state and. federal grants. 2. If the City is unable through its good faith efforts to raise the purchase price payable under the Agreement, the Guarantors agree 'to pay on July 1, 2003, on the City's written demand therefore making specific reference to tt~is Guaranty and the amount to be paid, to the City or directly to the Vendor under the Agreement for the benefit of the City, a sum of money equal to the difference between the balance payable under the Agreement and the funds raised by the City, but not to exceed $240,000.00. The City agrees that in satisfaction of his, her or its obligation under this Guaranty, any Guarantor may make a required payment through the Catfish Creek Coalition or another income tax-exempt entity as an intermediary, which payment shall be applied to the credit of the Guarantor causing such payment to be made. 3. The City sh~!l notify each Guamutor in writing of the amounts, if any, remaining to be raised on the dates 90, 60, 30 and 5 days before July I, 2003. 4. The City agrees that it will restrict use of the property to recreational and open-space uses, and it will not permit use for commercial, industrial or residential purposes, except that, ffnecessary, the City may expand its existing water pollution _ consol plant on the Westerly 500 feet of the property ...... 5. Among themselves, the Guarant.ors agree to contribute pro rata, per-capita to the mount, if any, required to be paid under this Guaranty Agreement. In the event an individual Guarantor has contributed more than his, hers or its pro rata share, he, she or it may recover such over-payment fi:om any Guarantor who has not contributed such a pro rata share, together with the costs of such recovery, including reasonable attorneys' fees and expenses. 6. This Guaranty Agreement shall be binding upon the parties, their heirs, successors and assigns. City of Dubuque~ Iowa.._. .. ;t~gg~-Schneider, City Clerk [Guarantors] Guarantor: M~Thibeau -uarantor: Ed Ts~ Gu~rm C John Gronen F±rstar Bunk N.A.,Trustee G~~ Bp~c~7~7 Speltz, T.O. Jeffrey T.Bertsch CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Request for Proposals for Master Planning and Design Services for the 4th Street Peninsula and, alternatively, the South Ice Harbor Area Acting Community & Economic Development Director Pam Myhre is recommending that a Request for Proposals be issued for Master Planning and Design Services for the 90 acre 4th Street Peninsula. Also, a price will be requested to include the 30 acres south of the Ice Harbor to see if that is affordable at this time. The City Council previously enacted a building permit moratorium on the 4th Street Peninsula to allow time to conclude this process. A site plan review is being completed on the area east of Bell Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C Van Mdhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pamela Myhre, Acting Community & Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM December 12, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Pamela~~Economic Development Director Request For Proposals for Master Planning and Design Services for the 4 Street Peninsula and, alternatively, the South Ice Harbor Area Introduction The purpose of this memo is to request City Council approval of a Request For Proposals (RFP) for consulting services to provide master planning and design services for the redevelopment of the 4th Street Peninsula. In addition, the consultant will be asked to identify the cost to provide the same scope of services to include the 30 acre area south of the Ice Harbor as part ora combined study. The proposed RFP is attached to this memo. Background The RFP has been developed by the public and private partners working on the Vision Iowa application for the America's River project. Those partners include City staff (City Manager's Office, Administrative Services, Engineering, Community and Economic Development, Planning Services, Parking and Transit), Jerry Enzler and Teri Goodmann (Dubuque County Historical Society), Sue Czeshinski (Convention & Visitors Bureau), Rick Dickinson (GDDC) and Jim Rix (Platinum Hospitality). As an outgrowth of the America's River project, an effort to plan for the eventual redevelopment of the entire 4t~ Street Peninsula is being pursued to coincide with the plarmed museum, education & conference center and hotel/water park development. Both the public and private parmers have sensed the need to define the long range plan for the peninsula, to anticipate and guide future investment and to ensure quality development. Discussion The RFP involves the selection of a consultant to provide master planning and design services for the redevelopment of the 90 acre 4t~ Street Peninsula. A consultant team with expertise in market analysis, project financing, real estate development, planning and urban design, arch/tecture, landscape architecture, site design and transportation and civil engineering will be sought. The consultant will evaluate the market potential for mixed-use commercial, recreational, educational and residential development. New development opportunities will be identified, financial feasibility evaluated ac.d developer interest assessed. Master planning, including land use and transportation elements, will provide a guide to the future physical development of the peninsula. In addition, development standards and zoning regulations will be recommended to guide new development with regard to design, lighting, landscaping, signage and viewscape for both public and private development. New development standards and zoning recommendations will assist the City in resolving the current moratorium on development in the peninsula. Because the area south of the Ice Harbor has also been identified as a potential future riverfront redevelopment area, the RFP asks the consultant to provide a bid to include an additional 30 acres, being identified as the South Ice Harbor area, within the scope of the study. The committee suggests that the two areas are sufficiently interrelated that it may make economic and timing sense to do a combined study. The consultant is asked to provide a cost to do a study of the 4th Street Peninsula only and a second cost to do a combined 4th Street Peninsula/South Ice Harbor study. Funding for the consultant would come from General Fund CIP projects that are being rebudgeted. Recommendation On behal£ofthe committee, I recommend approval of this RFP for consulting services. A recommendation on the consultant, the scope o£ services and the geographic study area will be presented to the City Council at a future date for final approval. Action Step The action step is for the City Council to approve this Request For Proposals. Attachment CITY OF DUBUQUE, IOWA December 18, 2000 REQUEST FOR PROPOSALS Master Planning and Design Services For the Redevelopment of the 4th Street Peninsula and South Ice Harbor Areas II. IH. INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified consulting firms to provide master planning and design services for the development of a 90 acre site commonly known as the 4th Street Peninsula into a potential mixed-use commemial, recreational, educational and residential area. This site has previously been studied as part of an overall riverfront plan in 1993 and was identified as a key redevelopment area. Implementation of certain recommendations in the plan has proceeded, including construction ora riverwalk, expansion of a Mississippi River museum/aquarium complex, planned hotel/water park project and a planned education and conference center. Recent development opportunities, changes in property ownership and access to State of Iowa fimding for vertical infi~structure have hastened the City's interest in developing an overall master plan and development standards for the entire peninsula at this time. An application for State of Iowa funding is attached to this RFP and provides a summary of recent development proposals for this area. Please check the following web sites for additional information about Dubuque and the new America's River project: www.dubuquechamber, com www.greaterdubuque.org www.americasriver.org COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 62,000 persons. The City's annual budget is over $ 80 million and funds a full range of services. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, educational and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. INFORMATION TO BE INCLUDED IN PROPOSAL To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. Letter of Transmittal Provide a letter of transmittal briefly outlining the consultant's understanding of the work and the name, address, telephone number, fax number and email of the consultant's primary contact person. Profile of Firm Provide general information about the consultant firm and the firm's area of expertise as regards this RFP, including the qualifications of the project manager and other key personnel who would be assigned to the project. The City expects the project team to provide expertise in the following areas: Market Analysis Project Financing Real Estate Development Planning/Urban Design Architecture/Landscape Architecture Site Design Transportation/Civil Engineering Proposal Qualifications · List the names of the anticipated project manager and other key personnel associated with the project and their qualifications and experience. · Describe the experience of the firm in performing similar projects. Include at least 3 client references with similar projects that have been completed in the past 5 years. List the names of the key personnel proposed for this project who worked on the referenced projects. Describe the name and location of other subconsulting firms that would be used by the firm in the study and the approximate percentage of the work that would be performed by each of these fn-ms. Include the experience and qualifications of the subconsultant firm and its key personnel in working on similar projects. Discuss the f'mn's ability to integrate this project into the firm's present workload. Scope of Services Provide a description of the means or strategy by which the consultant would satisfy thc following scope of services: Summarize Existing Real Estate Dynamics Document existing physical and market conditions · Explore relationship between 4th Street Peninsula/South Ice Harbor areas and adjacent downtown Assess development opportunities and constraints Evaluate Development Opportunities for the 4tn Street Peninsula · Quantify market demand for various land uses · Identify targeted development oppommities · Assess financial feasibility of potential development projects Identify potential developers Assess developer interest Develop Master Plan · Use consensus process to determine vision for the 4~ Street Peninsula, coordinating with existing plans and programs Evaluate transportation/circulation links · Prepare master plan, incorporating land use and transportation/circulation elements Prepare potential site development plan Prepare Development Standards · Establish written and illustrated development standards, including design, lighting, landscaping, signage and viewscape, for public spaces/streetscape and private development Recommend zoning options to implement plan Recommend Action Agenda Identify and prioritize next steps Identify financing incentives, strategies and tools Identify strategies to attract development Identify marketing and memhandising strategies 6) Deliverables: in Graphic Board and Digital Formats Master Plan · Site Development Plan, including bird's eye view perspective · Development Standards Proposed ProjeCt Schedule Provide a project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule for and description of all deliverable products throughout the period. Fees and Compensation A two-tiered budget is requested that identifies: 1) the cost to provide the requested scope of services identified above for the 4t~ Street Peninsula area only; and, as an alternate, 2) the cost to provide the requested scope of services for a combined study area to include the 4'~ Street Peninsula and the South Ice Harbor area. A 30 acre area presently called South Ice Harbor has been identified as a potential future development site that the City may wish to evaluate as part of this master plarming effort. Situated directly south of the 4~ Street Peninsula, this area has remained primarily industrial in nature. City ownership of key parcels in this area, along with the changing nature of the adjacent peninsula, may justify an evaluation of development potential at this time as part of an overall master planning of the city's downtown riverfi:ont. The City will consider the cost benefits of including both areas in a combined study. Provide a proposed cost plus expenses budget for completion of the proposed scope of services with cost breakdowns by scope element. Quotation of fees and compensation shall remain firm for a period of at least 90 days fi:om the proposal submission deadline. Please separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done. by the selection committee without benefit of knowing the consultant's proposed fee for services. SUBMISSION REQUIREMENTS An original plus six copies of the proposal shall be received in the office of the City of Dubuque's Community and Economic Development Department, 50 W. 13th Street, Dubuque, Iowa 52001 by 5:00 p.m. CST on Monday, January 29, 2001. Each consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any consultant. The City of Dubuque is not liable for any cost incurred by any consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the consultant that are not specified in any contract. The City of Dubuque is an Equal Employment Opportunity Employer. EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A review o£qualifying proposals will be evaluated by a selection committee. Factors to be considered by the committee may include the following: Qualifications and experience of the f'mn and any subconsultants. Qualifications and experience of the principal consulting staff and subconsulting staff who will work on the project. Grasp of project requirements; level of interest. Design approach/methodology in completing scope of services; creativity and problem solving ability. Responsiveness and compatibility between consultants and City; general attitude and ability to communicate. Proposed schedule required to complete project. Proposed cost to complete project. Consultants may be invited to an interview with the selection committee. Questions regarding this RFP should be directed to the Community and Economic Development Department by telephone at 319/589-4393 or by fax at 319/589-1733. Inte. n! to Apply Vis,on Iowa MISSISSIPPI RIVER MUSEUM, DUBUQUE AREA C[-IAMBER OF COMMERCE1 CITY OF DUBUQUE VISION IOWA NOTICE OF INTENT TO APPLY _VISION IOWA PROGRAM To: Susan Judkins, Vision Iowa Program Coordinator Iowa Depadment of Economic Development 200 E. Grand Phone: 515-242-4870 Des Moines, IA 50309 Fax: 515-242-4832 The following information is provided concerning a potential application for funding from the Vision Iowa program. 1. Project Name: America's River Applicant(s): (Eligible applicants include a city, county, public organization - defined as a nonprofit economic development organization or other nonprofit organization that sponsors or suppods community or tourism attractions and activities -- or school district in conjunction with a city or county) Name(s): ~it.y of Dubuque/Dubuque C6unty Historical Address(es): 50 W. 13th St., Dubuque, IA 52001 Society/Dubuque Area Chamber of Commerce Phone(s): . (319} 589-4210 E-mail(s): 3. Brief Description of Project, Including Total Projected Cost: (minimum project cost is $20 MiNion to qualify for Vision Iowa funding) A $178 millioF! Riverfr0nt Campus featurinq MississipDi River Discovery Cenl,er and A_quarium, Mississippi River Education and Conference Center, Indoor Water vark, Hotel. 4. Expected Amount of Funding to be Requested fFom Vision Iowa: {no more than 50% of cost, to maximum of $75 Million, may be requested) $65,000,000 Signature Title Date 5. We understand submission of this Notice of Intent to Apply is not a binding commitment, but a good faith effo~ to inform the Vision Iowa board and staff of our intent to apply. Organizatior~ City of Dubuque _ - Ter~'y DuqqCn, Mayor, City of Dubuque November 6, 2000 Anticipated Date o¢ Submission: December 20, 2000. America's River For more than a decade, Dubuque has ~vorked with Io~va and national leaders toward a common goal - a world-class campus for the Mississippi River known as America's River. With Vision Iowa, the full potential of America k River can be achieved: 1) an expanded River Discovery Center and Aquarium for the entire Mississippi River; 2) a National Mississippi River Education and Conference Center; 3) a Waterfront Hotel and Indoor Waterpark; and 4) major public amenities along the Mississippi River. There is no comparable attraction anywhere along the 2,300 mile length of the Mississippi River that combines the history, environment, recreation and culture of America's greatest river. Ame. rica's River will be an international destination that will bring jobs, economic benefit, environmental awareness, and cultural enrichment to Northeast Iowa and the entire state of Iowa. America's River reflects Iowa's greatest values: education and conservation of natural resources. It can be a model project for Vision Iowa. An unprecedented level of local, regional and national support has been secured, matching funds are in hand, and building documents are complete. This bold vision and opportunity for Iowa is ready to begin. America's River is a $178 million riverfi-ont redevelopment effort at the Port of Dubuque that will create an international destination for Iowa. The River Discovery Center and Aquarium will be a world-class national museum for the entire Mississippi River. The Center will include 15 aquariums, including five that measure 30 feet across. A dynamic immersion theater will surround visitors with the story of the Mississippi River's creation, its floods, its history, and its underwater life. An outdoor wetland ~vill feature natural and living history with floating laboratories and classrooms. Stream tables ~vill let visitors create their own rivers, and the educational overnight program will let visitors sleep on a "Boat and Breakfast" on a National Historic Landmark steamboat. The National Mississippi River Education and Conference Center ~vill be a 110,000 square foot educational center on the banks of the Mississippi River for national and international educational forums. Fiber optic connections will link the Mississippi River Discovery Center aquariums to the Education and Conference Center and to distance learning sites across Iowa and the world. Matching investments include a 200-room, eight-story, four-star quality Riverfront Hotel with a 24,000 square foot indoor water park. A guaranteed phase two of this hotel will add another 150 rooms and an additional 18,000 square foot to the waterpark, based on usage. Additional match will be a 45,000 square foot mixed use office building. The 60-acre campus of riverfront amenities will include the Star Bre~very Amphitheater, the River s Ed,e Plaza landing for the Delta Oueen and other large, passenger boats, visiting boat docks, a Riverwalk, and an 18 mile bike-'~ike trail connection to the existing 26 mile Heritage Trail. America's River is planned with Smart Growth principles. It incorporates public transportation, ~eenways, conservation of land, and adaptive reuse of a National Historic Landmark and six National Register sites. America's River will generate substantial leveraged financial investment in the 4th Street Peninsula, Old Main Historic District, and adjacent riverfront areas, and it will have a major impact on jobs, economic health, tourism, and quality of life in Iowa. America's River has secured $112 million in matching funds with $71 million in private/ public investment and a signed $41.5 million development a~eement for the hotel and waterpark, contingent upon Vision Iowa funding. · :' The River Discovery Center has been designated by Congress as the National Interpretive Center for the U. S. Fish and Wildlife Mississippi River Refuge, an attraction on par with Yellowstone and the Grand Canyon. The Governors of all five states of the Upper Mississippi have signed a letter to Con~ess in support of this project. · :' Consultants to America's River include some of the best designers in the world: Esherick Homsey Dodge & Davis, San Francisco, architects of Monterrey Bay Aquarium Lyons/Zaremba, Boston, exhibit designers for the Tennessee and Charleston Aquariums Entertec, San Diego, life support system designers for all Sea World installations ORCA, Ocoee, FL, visitor circulation specialists and consultants to Disney and Epcot National, regional, state and local partnerships and affiliations make this an international opportunity for Iowa: U. S. Fish and Wildlife Service, Region 3, Minneapolis U. S. Army Corps of Engineers, Mississippi Valley Division, Vicksburg, MS. U. S. Coast Guard, 8 n District, New Orleans U. S. Geological Survey Environmental Management Program - Onalaska, Wisconsin Environmental Protection Agency, Washington, D. C., Chicago, and Kansas City National Endowment for the Humanities (its largest award in the nation) National Watenvays Alliance - Washington, DC National Audubon Society Over 60 regional environmental ~oups and leaders Iowa Public Television Iowa's ICN Fiber Optic Network Department of Natural Resoumes of Iowa, Minnesota, Wisconsin, Illinois and Missouri Scholars in colleges and universities in Iowa and across the nation are consulting on the project including University of Iowa, Loras College, Clarke College, University of Dubuque, Northeast Iowa Community College, Tulane University, the Dubuque Community School District and Dubuque Metropolitan School System. America's River is ready to go! Matching funds have been secured, feasibility studies have been prepared, and design development documents have been complete& An award from Vision Iowa ~vill nable Amerzca s River to begin construction in March, 9001, ~vith completion by late 2002. - CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Watermain & Utility Easements Public Works Dh'ector Michael A. Koch recommends vacating a 20-foot wide watermain easement, and 5 and 1 O-foot wide utility easements in the Oak Meadows Second Addition, located off of Brunskill Road, and further recommends that this be set for public heating on January 2, 2001. 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 TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Watermain & Utility Easements INTRODUCTION This is in response to a request from Jim Stock Realty & Construction for the vacating of a 20-foot wide watermain easement, and 5 and 10 foot wide utility easements in the Oak Meadows Second Addition, located off of Brunskill Road. DISCUSSION The attached Exhibit A shows the area of the proposed 20-foot wide watermain easement to be vacated, and Exhibit B shows the 5 and 10 foot wide utility easements requested to be vacated. The property is legally described as Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition, and is owned by Jim Stock Realty & Construction. Jim Stock Realty & Construction has recently purchased abutting property and has received Zoning and City Council approval for a revised Planned Unit Development. The new layout eliminates the need for portions of watermain and utility easements previously platted and recorded as Instrument Number 5016-96. New easements for proposed watermain and utilities will be indicated on a future plat of the area. Jim Stock Realty & Construction has obtained the written consent of People's Natural Gas, AT&T Broadband, Qwest, Interstate Power Company, and Oak Meadow FI condominium owners. RECOMMENDATION The City does not have a need for the subject watermain and utility easements, and I would recommend approval of the request to vacate the easements as shown on the attached Exhibits A and B. I would further recommend that the vacating of the easements be set for public hearing on January 2, 2001. ACTION TO BE TAKEN The recommendation should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions. Prepared by Ron Turner, P.L.S. OAK MEADOW II VACATES RESOLUTION NO. - 00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition; and Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently platted on said lots; and Whereas, Jim Stock Realty & Construction has petitioned to vacate portions of said easements. 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 and vacate a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements over portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, as shown on the attached Exhibits A and B. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published in the manner as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this __ day of , 2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by Ron Turner, City En.qineeHn_q, 50 W. 13th Street, Dubuque, IA 5200'1-4864, 319-589-427f) RESOLUTION NO. - 01 RESOLUTION DISPOSING OF INTEREST AND VACATING A 20-FOOT WIDE WATERMAIN EASEMENT AND 5 AND 10 FOOT WIDE UTILITY EASEMENTS OVER LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, 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 ,2000, 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 release of real estate described as: A 20-foot wide watermain easement and a 5 and 10 foot wide utility easements on portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, as shown on the attached Exhibits A and B. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as 20-foot wide watermain easement and a 5 and 10 foot wide utility easements on portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Jim Stock Realty & Construction, upon receipt of the above fees. Section 3. 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 RELEASE OF EASEMENT WHEREAS, the plat of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa as Instrument No. 5016-96; and WHEREAS, by said plat, the proprietors dedicated to the watermain and public utility easements in a portion of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, which a 20-foot wide watermain easement and a 5 and 10 foot wide utility easements are set forth appears on said plat; and WHEREAS, by the actual location of watermain and utility services, the easements along portions of property lines of said Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition as shown on attached Exhibits A and B are no longer required; NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the a 20-foot wide watermain easement and 5 and 10 foot wide utility easements in a portion of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, as shown on the attached Exhibits A and B, previously filed as Instrument No. 5016-96 in the office of the Re~order of Dubuque County, iowa; however, this Release in no way releases, vacates, abandons or discharges any other easement shown on the plat of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, filed in the officer of the Recorder of Dubuque County, Iowa, as Instrument No. 5016-96. Dated this day of ,2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan Mayor By: Jeanne F. Schneider City Clerk OAK EXHIBIT "A" EASEMENT VACATION MEADOW SECOND ADDITION LOT 2 BLOCK 2 RECORDED AS INST NO. 5016-96 EXIST, 20' WATER MAIN LOT 1 BLOCK 2 RECORDED AS INST. NO. 5016-96 EXIST. 20' WATER MAIN EASEMENT LOT A BLOCK RECORDED LOT 5 BLOCK 2 RECORDED AS INST. NO. 501G-96 0 SCALE: ¥0 BE VACATED ~//////////~ OAK EXHIBIT "B" EASEMENT VACATION MEADOW SECOND ADDITION LOT 2 %. BLOCK 2 x, LOT 1 BLOCK 2 RECORDED AS INST. NO. 5016-96 I LOT A BLOCK 2 iNST. NO. LOT 5 BLOCK 2 RECORDEB AS INST. NO, 5018-96 2 SCALE: TO BE VACATED ~//////////~ 12/04/00 Jim Stock Realty & Construction Pho~,e Fax 319 556-2332 P.O Box 3054 Dubuque, lox~a 52004-3054 Monday, December 04, 2000 To~ The Honorable Mayor and Members of the City Council City Hall Dubuque Iowa 52001 RE: Request to vacate easements per attached Exhibits "A" and '~B" Mr. Terrance Duggan "Mayor" and council members, The attached Exhibits "A" and '*B" depict easements that were never used and are not needed. We acquired additional land and therefore the utilities will be placed in other easements that will be plated in accordance with our final site plan of Phase 1II of the Oak Meadow's Condo's. I request that this issue be placed on the City Council Agenda as soon as possible for your discussion and thereto approve my request to vacate the easements. Respectfu~ James St~ ' }' Page l of 1. DUBUQUE REGIONAL AIRPORT COMMISSION MEETING Monday, November 20, 2000 4:00 p.m. Dubuque Regional Airport Dubuque Air Service Conference Room RECE!V£D OODEC-! PN5:03 Cib Ci' k's O fice Dubuque, IA PRESENT: Doug Brotherton, Teri Goodmann, John Markham, Jim O'Neill, and Rick Goodin ABSENT: None STAFF: Ken Kraemer, Peggy Dickson, and Gordy Vetsch MEDIA: None 01. APPROVAL OF MINUTES un O Ne~ll made a motion to approve the minutes of the 10/23/00 and 11/07/00 Airport Commission meetings. This motion was seconded by Rick Goodin. AYES: All. NAYS: None. 02__~. AWARD THE BID FOR THE 3/4 TON 4 X 4 TRUCK Jim O'Neill made a motion to approve Resolution Al000-3-00 awarding the bid for the 3/4 ton 4 x 4 track to Wilson Brothers. This motion was seconded by Teri Goodmann. AYES: All. NAYS: None. 03. STATUS REPORT ON AIRPORT GOALS TOP PRIORITY GOALS 1. Implement airport awareness program with Dubuque area business and industry leaders. Discussion: a. Decide to add the 12 month strategic plan of the Air Service Task Force. b. Amount of time spent on top priority items versus high priority. 2. Origination and destination analysis. Discussion: a. Ask Airport Operations staff to track cars from other Iowa counties and other states parking at the Airport. b. Determined to not push tracking of Destinations for O & D at this time. F:lSHAREDIOLDSERVEIWP511DATAIPEGI11-20_OO. DOC Page Printed: Friday, December 1, 2000 at 10:02 am Airport Commission Minutes November 20, 2000 Meeting Page 2 HIGH PRIORITY GOALS 1. Update commercial lease agreements as needed. Discussion: a. Rent-a-car, hangars, and airline lease need updating. b. Why rent-a-car leases are still not done. c. Rick Goodin made a motion to request for Commission work session to review rental car lease. This motion was seconded by Teri Goodmann. AYES: All. NAYS: None. d. Ask Tim O'Brien if he would attend the lease work session. 2. Provide terminal building enhancements for passenger appeal. No discussion 3A. Review and improve internal operations. Discussion: a. Returned Bob's PDQ for revisions. b. Mechanics and maintenance workers also are doing PDQ's. 3B. Work to improve time management Discussion: a. Like agenda by e-mail, except for correspondence hard copy at meeting. b. Ken send to the Commission only e-mails that pertain to the Dubuque airport, federal funding or special issues. Too many are being sent. Don't send e-mails where the phone should be used. c. Drop all the graphics in Commission packet, use text. d. Put agenda all under one item, easier to scroll down. 3C. Work to improve employee relations by gaining their trust and working with them. Discussion: a. Staff meetings to be held weekly, Commission likes the new format of the minutes. 3D. Communications. No discussion. F.'ISHAREDtOLDSERVEIWP51[DATAIPEGI11-20.OO. DOC Page 2 Printed: Friday, December 1, 2000 at 10.'02 am Airport Commission Minutes November 20, 2000 Meeting Page 3 4. Completion of updated airport minimum standards and airport roles and regulations. Discussion: a. Lawsuit out east now pending regarding minimum standards issues, our minimum standards need to remain on the list to be done, but can take a lower priority until a ruling on the lawsuit determines what the minimum standards can enforce. 5A. Manage external funding sources for expansion and promotion of airport. No discussion 5B. Iowa DOT Capital Improvement Program funding. Discussion: a. Have Bob represent the Airport in Ames on December 5, 2000 when the Iowa Transportation Commission meets, Ken will attend the City Manager's budget hearing and the Air Service Task Force meeting. 5C. Iowa DOT Commercial Air Service Marketing Program funding. No discussion. 6. Explore and make recommendations to airport commission on potential development of airport property. Discussion: a. Rick Dickimon, GDDC, has been kept in the loop regarding development of the airport area between the old and new airport entrance road which is 32 acres. can't be sold, use a long lease, no City utilities at present. 7. Expansion of general aviation aircraft hangar facilities. No discussion. F.'ISHAREDIOLDSERVEIWP51[DATAtPEGIJ1_20_OO. DOC Page 3 Printed: Friday, December 1, 2000 at 10:02 am Airport Commission Minutes November 20, 2000 Meeting Page 4 04__~. AIRPORT MANAGER'S UPDATE With "no new taxes" Pauline Joyce has asked the airport to bring their budget to 1.7 % above last year winch is the valuation growth estimate. This mounts to reducing $66,660 and Ken suggested removing the fuel truck for $65,000. The fuel truck would be placed in the Improvement Level of the budget as the #1 priority. If not funded there, ask if the FY2001 budget has money remaining at the end of the year to purchase it with the FY2001 budget. Teri Goodmann made a motion to follow the Manager's direction to adjust the budget accordingly. This motion was seconded by Rick Goodin. AYES: All. NAYS: None. We can look forward to no recurring improvement level requests being funded per Pauline, so do we want to re-look the request for an additional maintenance worker. Iowa Department of Natural Resources have made no ruling, and Paul Horsfall advises against contracting for outside services. Rick Goodin made a motion to pull the maintenance worker, and the contracting for outside monitoring services. Tins was seconded by John Markham. AYES: All. NAYS: None. 4. Discussed filling the two full time line service positions. The Air Service Task Force hosted a luncheon on Monday, November 20, 2000, with the Travel Agency owners that was very informative. Also discussed was the upcoming meeting in Dallas with American Eagle Airlines. More than two Commissioners expressed an interest in attending. Ken was directed to find out from the legal department if this would be permitted. They plan to make no. policy decisions in this meeting with American Eagle. Ken said it was more effective if more business people than Commissioners were at the meeting. The Commission ask Ken to contact the legal department for an answer. John Markham asked about tours that leave from Chicago rather than Dubuque, and would someone talk to American, possibly at this meeting. Ken said this was an issue that was more properly dealt with by the American Eagle sales manager out of Cincago. F"ISHAREDIoLDsERVEIWP511DATAIPEGI11-20-OO. DOC Page 4 Printed: Friday, December 1, 2000 at 10.'02 am Airport Commission Minutes November 20, 2000 Meeting Page 5 Starlight Taxi was offered a contract to do business at the Airport but declined a contract. They are continuing to pick up passengers, and have been issued a civil infraction as our Operations documented their picking up people at the terminal. Don Hedeman, of the defunct Dubuque Flight Center, is using his mini-van which was painted with the Dubuque Flight Center advertising, however, he has had the phone number changed to his home phone. Don has told Ken that he is not conducting any private flight instruction business. The Airport is continuing to pursue liability insurance for public officials for the Airport Commission. Possibly by the next meeting a quote for the insurance will be available. 9. An Airport wide Christmas party will be held at the Diamond Jo. 10. John Deere will be renting a large advertising sign in the terminal. 11. The Commission Christmas party time and location will be determined by Peggy and the Commission notified. 12. A temporary intern is working with Peggy to assist in converting some WordPerfect ~es into Excel. 13. The Travel Agent Appreciation Party will be held the week of January 22nd. Jim O'Neill said he would like to talk to the entire Commission regarding contacts with local leaders and elected officials. The consensus of the Commission was that any member of the Airport Comm.ission can talk and develop relationships and will not have to nm it past the Airport Manager prior to making any contacts. If in the course of conversation, policy issues come up, the Airport Manager will be involved in any new information. The Airport Commission and the Task Force will set policy and make decisions. Some crossover of the Airport Commission and their workplace or involvement is very important in keeping our name in front of these people and develop relationships. F. qSHAREDIOLDSERVEIWP51[DATAIPEGIJl_20_OO.DOC Page 5 Printed.. Friday, December 1, 2000 at 10.'02 am Airport Commission Minutes November 20, 2000 Meeting Page 6 John Markham proposed to hold goal session meetings every other month with no staff participatiOn except for Ken. Peggy will still take notes, and Bob and Gordy are welcome, but will not participate. John left the meeting at 6:t0 p.m. Rick Goodin suggested that the Commission create a work session on human resources for such things as evaluations and where these things are stored, and where this type of written reports should be retained. Doug asked Rick to start with a sub-committee meeting of themselves as Chair and Vice-Chair to examine this issue before holding a work session. The Commission reviewed their calendars for upcoming meetings and who would be available to attend various upcoming meetings. 16. CORRESPONDENCE The Commission had no comments. Ken asked them to read the report on FBO's. ma O Neill made a motion to adjourn the meeting. This motion was seconded by Rick Goodin. AYES: All. NAYS: None. The meeting adjourned at 6:20 p.m. F.'ISHAREDIOLDSERVEIWP51LDATAIPEGIll-20-OO. DOC Page 6 Printed: Friday, December 1, 2000 at 10.'02 am MINUTES OF CABLE COMMUNITY TELEPROGRAMMING COMMISSION MEETING NOVEMBER 14, 2000 CITY HALL ANNEX CONFERENCE ROOM # 2 MEMBERS PRESENT: Sr. Carol Hoverman, Paul Kohl, Jennifer Tigges, David Wanamaker MEMBERS ABSENT: Anthony Alien, two seats remain vacant on the Commission OTHERS PRESENT: Jim Barefoot, AT & T Broadband Merrill Crawford, Cable Franchise Administrator Ms. Tigges called the meeting to order at 5:30 P.M. 1. Acceptance of the Agenda. Mr. Crawford recommended that the AT & T Broadband report be moved to a point earlier on the agenda, immediately following the approval of Minutes. Upon a motion by Mr. Kohl, seconded by Sr. Hoverman, the agenda was accepted with the proposed change. Approval of the Minutes of the June 13, 2000 Meeting. Upon a motion by Sr. Hoverman, seconded by Mr. Wanamaker, the Minutes of the June 13, 2000 Commission meeting were approved as distributed. AT & T Broadband Report. Mr. Barefoot told Commissioners that as a part of a major restructuring of AT & T, the entire division level and all of its employees have been eliminated, and all general managers of AT & T systems in Iowa, Minnesota, and Michigan would be terminated by the end of the calendar year. Various other departmental employees were also being terminated, with the invitation to reapply for their positions or certain other positions within the restructured company. The general picture seemed to be leaning toward the creation of fulfillment centers, after a model already in use by Mediacom Cable Systems, and it was likely that there would be three divisions created to cover the geographical area of the state of Iowa, with the Dubuque area perhaps managed or serviced out of the Quad Cities. Local employees have been informed of this change earlier today, and many details were not yet known. The Commission discussed with Mr. Crawford and Mr. Barefoot the possible implications of this significant change with regard to cable operator attendance at Commission meetings, renegotiation of the current franchise, and many other(f-pcel~ On a technical note, Mr. Barefoot told Commissioners that the local origination and public access channels had been equipped with time base correctors at the origination point, which should greatly improve the stability and quality of the video on those channels. Public Comment. Cra. ig Schaefer, instructor at Loras College, addressed the Commission regarding various multi-camera athletic event coverage and other productions his students undertake using the AT & T mobile unit. He told Commissioners he is very pleased with the assistance that he and his students get from AT & T staff, but that there were ongoing technical issues and problems with systems in the van that may be related to cabling, connectors, winter temperatures, or other factors which have not been clearly diagnosed. Mr. Schaefer, Mr. Barefoot, Mr. Crawford, and Commissioners discussed at length the difficulties of working with new equipment in an old vehicle with old wiring and wiring designs, the options for attempting to remedy this situation in the last year of the existing franchise term, and whether additional equipment could be configured temporarily to meet the college's needs while franchise negotiations address the future expenditures and process support of PEG access. A quorum was lost at 6:40 P.M. and the meeting was adjourned. MC/cj 2 Civil Service Commission Regular Meeting, Tuesday, November 21, 2000, 7:00 P.M. Loras College, Alumni Campus Center, Fourth Floor Chairperson Loras Kluesner called the meeting to order at 7:06 P.M. in the open area adjacent to the Marie Graber Ballroom. Present: Chairperson Loras Kluesner, Commissioner Merle Duehr, Jr. Also Present: Randy Peck, Chris Kohlmann. Approval of Minutes of 10/26/00 Duehr moved to approve the minutes of 10/26/00. unanimously approved. Seconded by Kluesner, 2. Establish Passing Score and Certify Eligibility List for Assistant Planner position Duehr moved to establish passing score of 50% for the Assistant Planner position. Seconded by Kluesner, unanimously approved. Duehr moved to certify the list of individuals (6) with passing score for the Assistant Planner position and that these individuals be entered on the eligibility list and that this list be good for a period of two years. Seconded by Kluesner, unanimously approved. 3. Establish Passing Score and Certify Eligibility List for Mechanic position Duehr moved to establish the passing score of 69.7% for the Mechanic position. Seconded by Kluesner, unanimously approved. The passing scores were read and and entered on the eligibility list. Duehr moved to certify the list of 29 individuals for the position of Mechanic and that this list be good for a period of two years. Seconded by Kluesner, unanimously approved. 4. Request to Schedule Truck Driver Examination Duehr moved to accept applications for the position of Truck Driver until 5 p.m. Wednesday, December 6, 2000 and that the test be scheduled for Tuesday, December 12, 2000 at 6:30 P.M. in the Five Flags Civic Center Auditorium. Seconded by Kluesner, unanimously approved. Request to Schedule Information Technology Specialist test (formerly Computer Programmer) Duehr moved to accept applications for the position of Information Technology Specialist until 5 p.m. Monday, December 6, 2000 and that the (take-home) tests be returned by 5 p.m. Monday, December 20, 2000. Seconded by Kluesner, unanimously approved. There being no further business, Kluesner moved to adjoum. Seconded by Duehr, unanimously approved. Adjourned at 7:21 P.M. Approved at meeting of CITY OF DUBUQUE. IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, November 29, 2000 Council met in special session at 5:30 p.m. at the Five Flags Holiday Inn - Blue Moon Room Present: Mayor Duggan, Council Members Buol, Cline, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing legislative issues. The City Council, County Board of Supervisors, and School Board Members, and representatives of the Parochial School system met with area legislators to discuss issues of concern for the upcoming legislative session. There being no further business, upon motion meeting adjourned at 8:45 p.m. ~ Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL CiTy Council, Regular Session, December 4, 2000, Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol (via conference phone call}, Cline Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Kris Kincaid, Pastor, Our Redeemer Lutheran Church. Minutes Submitted: Airport Commission of 11/7; Cable TV Regulatory Commission of 11/8; Civil Service Commission of 10/26; City Council Proceedings of 11/20; Five Flags Commission of 10/16; Historic Preservation Commission of 11/16; Housing Commission of 11/14; Investment Oversight Commission of 10/26; Park and Recreation Commission of 11/14; Plumbing Board of 11/16; Transit Board of 11/9; Zoning Advisory Commission of 11/1; Zoning Board of Adjustment of 11/14, upon motion received and flied. Proof of Publication for Council Proceedings of 10/24, upon motion received and filed. otice of Claims/Suits: Key Apartments West in estimated amount of $335.61 for property damage; Patti Schilling in estimated amount of $25.00 for property damage; Terryl Stewart vs City of Dubuque, 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 Pooh Grace M. Brade for personal injury; Geri Ryan for personal injury; Kristen L. Smith for personal injury and vehicle damage, upon motion received and filed and concurred with the recommendation. Fair Housing Analysis Consultant Contract: City Manager recommending approval of a contract for consultant services to perform a Fair Housing Analysis of the City as required by the U.S. Department of Housing and Urban Development, upon motion received and filed. Buol moved adoption of Resolution No. 576-00 Approving the selection of a consultant to prepare a Fair Housing Analysis of the City of Dubuque and authorizing the City Manager to execute an appropriate contract for said analysis. Seconded by Nicholson. Motion carried 7-0. Recommendation for New Telephone System for City Buildings: City Manager recommending approval of a contract with Midland Communications, Inc., for a new City of Dubuque telephone system, upon motion accepted as suggested. Cindy Parker of McLeod USA spoke objecting to the contract as presented and stressed McLeod's proximity and their ability to provide similar ~roduct etc. Cable Franct~ise Administrator Merrill Crawford explained the lengthy process ~nvolved in presenting their and the consultant's recommendation. AIDS Preventative Health Program Contract: City Manager recommending approval of a contract with the Iowa Department of Public Health for the local AIDS Preventative Health Program through September, 2001, upon motion received and filed. Buol moved adoption of Resolution No. 57 00 Approving the AIDS Preventative Health Contract between the Iowa Department of Pubi~c HealTh and the City of Dubuque, Iowa and authorizing the City Manager to sign a contract with the Iowa Department of Public Health for funding of a local AIDS Preventative Health Program. Seconded by Nicholson. Motion carried 6-0. Dubuque Racing Association Fiscal Year 2001 CIP Schedule: City Manager recommending approval of the Dubuque Racing Association's Capital Improvement Project schedule for Fiscal Year 2001, upon motion received and filed and approved recommendation. State Historical Society of Iowa Grant: Communication from the State Historical Society of Iowa advising that the City has been approved for a Certified Local Government (CLG) Grant in the amount of $7,500 for a "Design Review Guidelines Booklet," upon motion received and filed. Citizen Communication - Tara Winger: Communication of Tara Winger to Governor, Congressman Jim Nussle, etc., upon motion received and filed. County Board of Health: Communication from Dubuque County Board of Supervisors advising that all of the positions on the Board of Health are currently filled, upon motion received and flied. Civil Service Commission: Civil Service Commission certifying the eligibility list for Assistar~ Planner and Mechanic, upon motion resolved to make these a matter of record. Technology Park Maintenance - Acceptance: City Manager recommending acceptance of the Technology Park Maintenance project in the final amount of $28,607.57, upon motion received and filed. Buol moved adoption of Resolution No. 578-00 Accepting improvement for project and Resolution No. 579-00 Approving final estimate in the amount of $28,607.57. Seconded by Nicholson. Motion carried 6-0. Fire Department - Captain Position: City Manager recommending that the Captain's position in the Fire Marshal's Office be eliminated and that a Firefighter position be created and assigned to Division 2, upon motion received and filed and approved. Community Indicators for Success: Communication from the Long Range Planning Advisory Commission providing a recommended list of Community Indicators for Success as a part of the 2000 Update of the Comprehensive Plan, upon motion received and filed. Community Development Advisory Commission: Letter of support from the Community Development Advisory Commission for the Downtown Planning Process, upon motion received and filed. Fiscal Year 2001 Community Development Block Grant Program Amendment: City Manage~- recommending approval of changes to the City's Community Development Block Grant Fiscal Yes · 2001 Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 2 580-00 Approving an amended and restated Fiscal Year 2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds. Seconded by Nicholson. Motion carried 7- O. :ing and Actuarial Services Agreement with The Segal Company: City Manager recommending approval of a Consulting and Actuarial Services Agreement with The Segal Company for Fiscal Year 2001, upon motion received and filed and approved Agreement. Delinquent Garbage and Refuse Collection Accounts: City Manager recommending submission of the delinquent garbage and refuse collection accounts to the Dubuque County Treasurer for collection of past due accounts, upon motion received and filed. Buol moved adoption of Resolution No. 581-00 Authorizing the City to collect delinquent garbage and refuse collection accounts in accordance with Section 40-37 and Section 40-38(d) of the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Delinquent Water Connection Fee: City Manager recommending submission of the delinquent water connection fees to the Dubuque County Treasurer for collection of past due accounts, upon motion received and filed. Buol moved adoption of Resolution No. 582-00 Authorizing collection of delinquent water connection charges in accordance with Section 44-151 of the Code of Ordinances of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. Delinquent Sewer Charges: City Manager recommending submission of delinquent sewer charges to the Dubuque County Treasurer for collection of past due accounts, upon motion received and filed. Buol moved adoption of Resolution No. 583-00 Authorizing collection of delinquent sewer O~)~)(~r~teS' in accordance with Section 44-83 and 44-86 of the Code of Ordinances of the City of Iowa, Seconded by Nicholson. Motion carried 7-0. Designated Agents to Execute Checks on Behalf of the City of Dubuque: City Manager recommending that Health Choices, Inc. be authorized to issue checks and drafts for the City's health account and flexible spending account, upon motion received and filed. Buol moved adoption of Resolution No. 584-00 Authorizing certain designated agents of the City of Dubuque limited authorization to execute checks on behalf of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. Authorized Depository Institutions: City Manager recommending that Liberty Bank be named as an authorized depository institution for the City of Dubuque, upon motion received and filed Buol moved adoption of Resolution No. 585-00 Naming depositories. Seconded by Nicholson. Motion carried 7-0. Business License Refund: Cigarette License refund to Mulgrew Oil Comparty in the amount of ~0,00, upon motion received and filed and concurred with recommendation. Business Licenses: Buol moved adoption of Resolution No. 586-00 Granting issuance of a Class "C" Beer Permit to Iowa Oil Company and Resolution No. 587-00 Granting issuance of a Class "C" Beer/Liquor License to Bowling & Beyond Dubuque; Instant Replay; and The Moracco. Seconded Nicholson. Motion carried 7-0. 3 BOARDS/COMMISSIONS: Applicants were invited to address the Council to express their desire' to serve on the following Boards/Commissions: HUMAN RIGHTS COMMISSION: Raydora Drummer, Judith Haley Giesen, Joseph Hopkins, Evelyn Jackson. Raydora Drummer, Judith HaIey Giesen, and Evelyn Jackson al~ spoke requesting reappointment to the Commission. ~- Appointment to the following Commission: HOUSING'COI~I~IlSSlON (Section 8) {One Vacancy,. Applicants: Jeremy Austin, Kris Erickson, Joe Hopkins, Denise Miller, John Plein. Upon vote, Denise Miller appointed to the term representing Section 8 Housing which will expire 8-17-03. PUBLIC HEARINGS Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Barge Fleeting: City Manager submitting three proposals received from Artco Fleeting for barge fleeting and requesting further direction, Communication from the Mississippi River Walleye Club in opposition to barge fleeting within the Dubuque City limits, presented and read. Bill Brosnahan and Len Smith of the Walleye Club, spoke stating they don't want barge fleeting anywhere within the City limits. Wayne Buckhoiz, spoke against the Riprow Valley site. Matt Hartley, spoke stating that elimination of barge fleeting will affect industry, as this is a working river town. Del Uhlrich, of Peavey Co., spoke stating that moving the barge fleeting out of town will hurt business. Jerry Abing spoke stating that there should be caution against barge fleeting and consideration given to the recreational dollars. Howard Higley of 800 Southern Ave., spoke stressing the hazards of the protruding Water Pollution Control Plant pipes in the Riprow Valley site and stated the river is no~,t deep enough in that area. Regina Thibeau spoke stating they need more time to get informati relative to the Riprow Valley site. Brent Nissan of Artco, spoke and requested that this be put on hold to look at the site(s). Cline moved to eliminate City Island from the discussion. Seconded by Robbins. Carried by the following vote: Yeas--Buoi, Cline, Duggan, Markham, Robbins. Nays-- Nicholson, Michalski. Cline moved to set a Public Hearing on 1/15/01 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. Request to Vacate - Lloyd Gudenkauf: City Manager recommending that the City dispose of interest and vacate a utility easement over Lot I Block z~ of Patricia Ann Acres to Lloyd Gudenkauf, upon motion received and filed. Robbins moved adoption of Resolution 588-00 Disposing of interest and vacate a 10-foot wide utility easement over Lot I Block 4 Patricia Ann Acres in the City of Dubuque, Iowa, Dubuque County, Iowa. Seconded by Markham. Motion carried 6-0. (Nicholson out of the room during vote.) Residential Parking Permit District - Senior High School Area: City Manager recommending approval of an amendment to Residential Parking Permit District "C" to include portions of North Grandview Avenue and Rosedale Street; Communication of Joe Link and Jane Petrek of the Dubuque Community School System requesting that this be tabled; an Ordinance Amending Section 32-362 of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking, by deleting certain portions of Grandview Avenue and Rosedale Street, and an Ordinance'- Amending the Code of Ordinances of the City of Dubuqge, Iowa, by adding portions of Nor, Grandview Avenue and Rosedale Street to Subsection (a) of Section 32-395 thereof establishing Residential Parking Permit District "C," upon motion this matter was tabled. Upon motion the rule was reinstated limiting discussion to the Council. ACTION ITEMS Joint Work Session with County Board of Supervisors: Historic Preservation Commission requesting that the City Council hold a joint session with the Dubuque County Board of Supervisors to discuss preservation of the Buettell Brothers Building at 821-845 Central Avenue; Copy of communication from Historic Preservation Commission to the Dubuque County Board of Supervisors, upon motion resolved to have staff try to schedule a Work Session with a quorum of the City Council and County Board of Supervisors and no less than the Chair of the Historic Preservation Commission. Hawthorne Street No Parking Zone: City Manager recommending adoption of an ordinance prohibiting truck or trailer parking on a portion of the north side of Hawthorne Street, upon motion received and filed. Ordinance No. 104-00 Amending the City of Dubuque Code of Ordinances by adding a new Section 32-267.2 providing for the establishment of parking restrictions for trucks or trailers on designated streets or portions thereof and adding certain portions of Hawthorne Street; Ordinance No. 105-00 Amending Section 32-252(d) of the City of Dubuque Code of Ordinances prohibiting parking on designated streets or portions thereof by deleting Hawthorne Street. presented and read. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be ~fina y passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Ordinance Update; Communication from the Historic Preservation Commission/Preservation Task Force regarding the Historic Preservation Ordinance Update and requesting a work session with Council and communication from the Community Development Advisory Commission supporting the proposed changes to the Historic Preservation Ordinance, upon motion received and filed and scheduled a work session from 5:00 to 6:30 P.M. on 1/2/01. At 8:43 P.M., upon motion it was resolved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c). At 8:54 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:55 P.M. Jeanne F. Schneider City Clerk 12/13 5 0RI INAL Carnegie-Stout Public Library Board of Trustee's Meeting Minutes of Thursday, October 26, 2000 The Board of Trustees of the Carnegie-Stout Public Library (C-SPL) met in the Library Board Room at 4:00 p.m., Thursday, October 26u', 2000. Present: President Kristen Smith; Vice-President Kevin Lynch; Board Secretary Mary Strom; Trustee Steve Augspurger; Trustee Jack Felderman; Trustee Sue Lindsay; Trustee Edmund Vandermillen; Library Director Thomas .1. Moran, and Recorder Denette Kellogg. 1. Smith called the meeting to order at 4:01 p.m. "Noved to adopt the meeting agenda of October 26, 2000," Not/on: Felderman Second: Lynch Vote: Aye - 5; Nay- 0 2. Library Board of Trustees' Board minutes - "l~oved to adopt the minutes of the Library Board o? Trustee's mee&'ng held September 26~, 2000." Nob'on: Lynch Second: Lindsay Vote: Aye - 5; Nay- 0 3. Board Correspondence - Smith reviewed six patron comment cards with staff responses. The Board agreed that responses provided were appropriate. Trustee Augspurger arrived at 4:03 p.m., Trustee Strom arrived at 4:04 p.m. 4. President's Report: A. Library Foundation Report - Smith reported on the September Board meeting and on a summary of the meeting sent via e-mail to Board members. Smith reported that the Foundation Board discussed marking the Ubrary centennial with a Dubuque Community Schools essay contest having to do with Grant Wood's art work, "Appraisal" beginning in the 2001 - 2002 academic year. Smith reported that Grant Wood prints would be used to promote the contest throughout the school system. The Board agreed that Library Board of Trustees Minutes of October 26, 2000 a member of the Foundation and Children's Librarian Jean Gullikson meet with the Art Sub-Committee to plan for this event. Moran reported on the Grant Wood prints available through the Library. Felderman reported that a volunteer could be asked to frame the prints and suggested that he be contacted for suggested names. Smith reported that the Foundation's fund drive going well with the individual phase currently taking place, with a phone bank on November 8 and 9, 2000. Smith reported that she was contacted by the local non-profit group, The Old House Enthusiasts regarding a donation to the Library to restore the historic wooden entry doors into the historic section of the Library. Smith reported that the group asked for her to give a space planning report to them at its January 11, 2001 meeting and invited other Board members to attend. Smith reported that the donation information would be forwarded to the Library Foundation. Lindsay asked what the procedure is for thanking groups who donate. Smith reported that each Library group that receives a donation sends a thank you to the donor. Other: 1) Trustee Ivlaterials - Smith distributed Library Board of Trustee nametags to the Board Members. 2) Patron Complaint - Smith reported on a letter received from a daughter of a patron and on Moran's memo dated October 20, 2000, to the Board regarding this issue. Smith reported that the daughter reported an incident of her mother needing help transporting her library materials to her vehicle and Library personnel not being available to help transport the materials on this occasion. "Ploved to institute an Administrative Po/icy that provides instructions to staff when there are people who are unable to carry Library materials to/from their vehide when v/siting the Library that the patron ca//ahead when coming to ensure that there is adequate staff to assist the patron, and if staff is not available at that time, Library staff will recommend a time for the person to come to the Library when assistance would be available." Notion: Felderman Second: Lindsay Vote: Aye - 7; Nay - 0 -2- Library Board of Trustees Minutes of October 26, 2000 The Board discussed the need for a written policy versus an administrative policy regarding this issue. The Board reported its commitment to providing high quality customer service to all Library patrons. The Board charged Moran with providing an Administrative Policy to staff providing instructions on requests from patrons regarding assistance in transporting Ubrary materials to and from their vehicle. Smith requested that the memo include instructions for when a patron calls in to inquire when help would be available. Moran reported that the Coordinators have reviewed this issue and agreed that when public service desks are unable to assist a patron with carrying materials, that the service desks request assistance from other staff available. Smith requested that Library Administration draft a letter to the complainant describing the Board action in response to this issue for her review. The Board agreed to review this issue periodically. 5, Committee Reports: A. Relations Committee - Vandermillen: Friends of the Library Report - Moran reported that the Friends raised over $1,300 at its annual book sale held September 15 & 16. Moran reported that the Friends agreed on $2,500 in project funding for providing blinds in the Children's area. 2) Schedule Art Sub-Committee Meeting - Vandermillen reported that the Committee agreed to meet in November to review planning steps for the one-person "artist showing" in the Library, to begin planning for the Ubrary's 2002 centennial, and to review the process of inventorying the Library's art collection. Vandermillen suggested that the Sub-Committee meeting be scheduled for 3:00 p.m., November 9, 2000 and asked Moran to contact Sub-Committee members as to their availability. Moran reported investigating the use of a work-study student to research and catalog the Library's artworks as recommended by the Art Sub-Committee. The Board agreed on utilizing $750.00 from the Lull Art Fund for a stipend for a work-study student to complete the inventory. 3) Library Task Force - Moran reported that the task force continues to discuss the future of the seven Regional Ubrades located in the State of Iowa and the Iowa Legislature's majority pressure to cut these services. -3- Library Board of Trustees Minutes of October 26, 2000 C. Operations Committee - Lynch: 1) Expenditure and Financial Reports September 2000 (FY01) - Lynch reviewed the reports as submitted, reporting no outstanding entries. Augspurger asked if the Library is scheduled to receive County Contract funds in FY01. Moran reviewed the current plan of State of Iowa "Open Access" funds to cover these transactions. Moran reported that the State bases its funding on C-SPL's previous year's transaction figures of 66,000 and funds a percentage of these transactions. 2) FY 2002 Maintenance Level Budget - Moran reviewed the budget submitted and reported that he had met with Pauline ]oyce, City Administrative Services Manager, on October 23, 2000 regarding the maintenance level budget. Moran reported changes as follows; reduction to the office equipment line, increase to the equipment maintenance line, and that micro-computers replacement costs will be combined under one City CIP. 3) Improvement Packages - Moran reviewed the draft list of proposed Improvement Packages and reported that the first three items are of higher priority with the rest being in no particular order. The Board requested that "like" packages be combined, if possible, to create a shorter list and suggested which packages should be combined. The Board agreed to submit the list of Improvement Packages with suggested changes. Self-Check Replacement Proposal - Moran reported on contacting the vendor, Vernon Library Supplies, with the Board's recommendations of; 1) replace the current machine with the exact same model at no additional cost, 2) return the machine to Vernon Library Sales and refund the Library in full, 3) replace the existing machine with an upgraded self-check machine (model FTX) at no additional cost to the Library. Moran provided a response by VernOn Library Supplies reporting that they are in the process of contacting 3M to discuss the problems. Moran reported that he would continue to resolve this matter per the Board's recommendations. Felderman suggested that the Library not purchase from this vendor in the future. $) Exterior Old Stairway Door Proposal - Moran provided information on the proposal submitted by Klauer Construction Company regarding the 1~.th Street exterior stairs leading to the basement on the old building. Moran reported that two options were suggested, A) brick in the area, install a door and frame, install prefabricated metal bars to secure opening, or B) install prefabricated gate at bottom of stairs, repair existing valance panel -4- Library Board of Tmstees Minutes of October 26, 2000 on west side. Moran reported on a small fire in this area earlier this week. The Board requested that Moran investigate the possibility of the funds available in the City's budget this fiscal year to complete the project. The Board reported that if there are not funds available this year, that the project be included in the Library's FY02 budget and the project be completed next summer. Felderman exited the meeting at 5:03 p.m. C. Planning Committee - Augspurger: 1) Listening/Viewing Stations Policy - The Board agreed to table this agenda item until the November 2000 Library Board of Trustee's meeting. 2) Space Plan Report - Augspurger reported on the revised Library Space Plan (Building Program Document) submitted by Planning Consultant George Lawson dated October 2000. Moran reported that the Space Plan's use is for guidance to the architect. Strom reported that the description of the coffee shop being required is not correct, the Board agreed that this item requirement be deleted from page 17. Strom asked if the Library has maintenance personnel. Moran reported the Library has two full-time maintenance employees. Strom suggested that the Parks Department could be contacted regarding the Library's lawn maintenance. "ploved to accept Ubrary Space Plan (Building Program Document) submitted by Library Planning Consultant George Lawson dated October 2000." Plot/on: Augspurger Second: Vandermi//en Vote: Aye - 6; Nay - 0 "Noved to adopt the minutes of the October 10, 2000 Board of Trustee's Space Planning Work session." Plot/on: Second: Vote: Augspurger Vandermil/en Aye - 6; Nay- 0 -5- Library Board of Trustees Minutes of October 26, 2000 6. Director's Report: Statistical/Service report for September 2000 - Moran reported no exceptions to the report and reported that Reference Statistics conUnue to slightly increase, Request from Board for Report on Iowa Library Association (ILA) Conference Program on Internet Filtering - Adult Services Coordinator Ann Straley provided a verbal and written report on an Intemet Filtering program she attended at the ILA conference held in Ames, Iowa on October 22-24. Straley reported on the presenters of the program and their input on what Libraries should do regarding Internet filtering, the legal issues of filtering, Children's issues regarding filtering, the technological issues, filtering options (software), filtering policies, and federal guidelines regarding filtering. Straley reported that all presenters expressed the importance of Ubrary's having an Internet policy in place that covers these issues in a clear and concise manner. Straley provided a listing of resources regarding Intemet filtering for the Board and an example of a technology brochure used by another Library. Straley concluded her presentation by answering questions and thanking the Board for allowing her the opportunity to attend the training conference. The Board thanked Straley for her presentation. The Board agreed to utilize this information when reviewing its Internet Policy. Upcoming Ubrary Programs - Moran reported on special Library programs scheduled for November 6, 14, 27, which are funded through the State Library Cooperative Programming Grant received by C-SPL and the Dyersville Library to conduct joint programming. Other - Moran provided brochures from "Leave A Legacy'; a non-profit planned giving organization, of which the Library is a member. Moran gave information on Dubuque's Diversity Conference in November 2000. 8. "Notion to adjourn." Not/on: Vandermi/len Second: Felderman Vote: Aye - ~; Nay- 0 The Board adjourned at 5:47 p.m. -6- PRESENT: ABSENT: MINUTES ZONI'NG BOARD OF AD3USTMENT REGULAR SESSTON Thursday, November 30, 2000 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. llth Street, Dubuque, :iowa Chairperson Mike Ruden; Board Members Bill Gasper, Vicky Bechen, Urell; Staff Members Guy Hemenway and Kyle Kdtz. Board Member Fred Beeler. 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 4:07 p.m. The Board decided to hear Dockets 76-00 and 77-00 simultaneously. DOCKET 76-O0: Application of ]PCS/Tom and Frank Miller for a variance (tabled from the October 26, 2000 meeUng) for property located at 1075 Roosevelt Street to construct a 190' monopole telecommunication tower, where 150' maximum is allowed by Section 4-9.4 of the Zoning Ordinance. DOCKET 77-00: Application of :IPCS/Tom and Frank Miller for a conditional use permit (tabled from the October 26, 2000 meeting) to construct a 190' monopole telecommunication tower in an AG Agricultural zoning district. Chairperson Mike Ruden excused himself from the discussion because of a conflict of interest. David Cunningham, introduced .lohn Montecavo, and stated they beth represented IPCS. Mr. Cunningham spoke in favor of the request, ou*Jining IPCS's recent efforts to locate towers and antennae in the Dubuque area. He said that IPCS has already utilized five co-location sites and will be required to build two other freestanding towers to adequately cover the Dubuque area. Mr. Cunningham stated there are few options for tower locations in this area. Mr. Montecavo, RF Engineer for IPCS, described the location requirements for towers and explained the coverage maps that were distributed to the Board. Mr. Cunningham stated that if this request is denied, IPCS would have to request an additional tower in the area. He discussed possible alternative sites. 3ohn Gronen, Four Mounds Foundation board member, distributed a letter of opposition to the Board, stating that he also represents adjacent property owners. He said he recognizes the need for communications towers; but because of a conservation easement between Four Mounds and adjacent properties, and because of their desire to maintain open space in this area, he feels that Minutes - Zoning Board of Adjustment Thursday, No~Zember.30, 2000- - 'Page 2 the tower is not appropriate. He said that Four Mound has worked hard to create an natural environment, and that the tower would be a visual blight in the area. He said that the tower should be located elsewhere. Chuck HunUey, 1105 Grove Terrace, stated that he is a member of the Four Mounds Board of Directors, and that he agrees with Mr. Gronen's contention that the tower should be located at an alternate site. He said that the City has deemed this area recreational and conservancy, and that it should remain that way. David Cunningham said that the tower will not disrupt the area and will be located several hundred feet from the nearest residences. He said the tower will be located in a stand of trees and only the top half will ~oe visible from adjacent properties. He said that the only alternate locations are in more densely developed residential areas. Staff Member Kritz distributed letters of opposition from surrounding property owners and reviewed the vadance from 150-190 feet for the freestanding tower. He discussed the requirement for a conditional use in an agricultural district. He said the proposed tower will be located in a stand of trees as indicated on the GTS aerial photo provided by staff. Staff Member__ Kdtz discussed the alternate tower locations reviewed by staff and :[PCS. He said that th alternate sites reviewed were not adequate and, therefore, multiple tower sites may be necessaP/ if this one was denied. Board Member Gasper asked about which locations were considered for alternate tower sites. Mr. Cunningham pinpointed these areas on the maps provided. Board Member Bechen asked about co~location on the water tower as recommended by Mr. Nelson's letter. Staff Member Kritz stated that the City has not purchased land for a water tower in the area yet, and therefore, cannot speculate where an alternate location would be. He stated it could be four to five years before the City purchases land and builds a water tower in the area. Board Hember Gasper stated he prefers to see an alternate tower site and determine how it would affect the area, so he can compare it to the proposed location. Board Hember Bechen read the requirements for granting a variance. She stated that she does not feel that the tower is in harmony with the area. Board Hember Gasper said that he feels the proposed tower would have an negative affect on Four Mounds and tile Eagle Point area. Tile Board discussed tower height alternatives. Board Member Bechen read the criteria fo'- granting a variance. Board Members stated that the proposed tower does not meet requirement Minutes - Zoning Board of Adjustment Thursday, No~ember 30, 2000 ' Page 3 #5 for granting a variance which states; "Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of this ordinance." Board members said they feel that the tower will adversely affect other property in the vicinity and will not be in harmony with the area. Board members felt that the proposed tower does not meet standards #6, 7 and 8 for granting a conditional use permit. These standards state; "The location and size of the conditional use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located.'; "The location, nature and height of buildings, structures, walls and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and sbuctures.'; "The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to, and promote the convenience and welfare of the public." Board members said they feel that the proposed tower will not be in harmony with the area because it will have a negative impact on the value and use of adjacent properties. Motion by Gasper, seconded by Urell, to approve Docket 76-00 for a variance. Motion was denied by the following vote: Aye - Urell; Nay - Bechen and Gasper; Abstain - Ruden. Motion by Gasper, seconded by Urell, to approve Docket 77-00 for a conditional use permit. Motion was denied by following vote: Aye - Urell; Nay - Bechen and Gasper; Abstain - Mike Ruden. DOCKET 90-O0: Application of Robert and Mariko Wilbricht for a conditional use permit for property located at 2785 Pennsylvania Avenue to allow an adult day care center in an R-! Single- Family Residential zoning district. Robert and Mariko Wilbricht reviewed with the Board their request to establish an adult day care for a maximum of 20~24 individuals. Mr. Wilbricht stated that approximately 10-15 clients will be dropped off by a mini-bus at this location. The Wilbrichts reviewed proposed parking spaces and loop drive for the site. Mr. Wilbricht noted that the hours of operation will be from 6:30 a.m. to 5:30 p.m. Mariko Wilbricht responded to concerns expressed by neighbors outlined in the letter addressed to the Board of Adjustment. Mr. Wilbricht reviewed the surrounding land uses and noted that most child day care centers are located in residential areas and have not affected property values in these neighborhoods. The Wilbrichts discussed the need for adult day care in Dubuque, noting Minutes - Zoning Board of Adjustment Thursday, No~ember 30, 2000 Page 4 that Stonehill Care Center is the only other alternative for the elderly, and that it is located at the other end of town. Gary Dellaert, 1751 Palm Court, said that he is opposed to the adult day care because the traffic generated by the clients and staff would adversely impact the residences on Palm Court. He stated that the mini-bus would likely use the cul-de-sac or neighbors' driveways to turn around. Mr. Dellaert stated that businesses in the area have direct access to Pennsylvania Avenue, unlike the proposed day care. Mr. Dellaert stated that he believed that the adult day care center would devalue property in the neighborhood. 3eff Hefel, 1775 Palm Court, stated that he is opposed to the request, and noted that other non- residential uses in the are~ do not affect Palm Court. He said he feels that the day care center would reduce the value of his property. Don Christ, 2820 Pennsylvania Avenue, stated that he is opposed to the request because the intersection of Pennsylvania Avenue and Palm Court is dangerous when it snows. Edith Goedken, 1763 Palm Court, stated that she is opposed to the adult day care because o~f~.. traffic safety along Pennsylvania Avenue and because the Palm Court intersection is hazardo[ when the roads are icy. .]ohn White, 1777 Palm Court, stated that he is opposed to the request because of traffic safety concerns at the Pennsylvania Avenue and Palm Court intersection. Robert Bowers, 1733 Palm Court, said that he is opposed to the request because of traffic safety concerns, especially during inclement weather. Pat Ostrander, 2785 Pennsylvania, stated that she is the current owner of the property, and she agrees that traffic safety is a concern at this intersection. She stated that the proposed day care would not increase the existing traffic problem. She stated that her neighbors have never complained about traffic when people park on Palm Court to access the Flora Park ball fields. Mr. Wilbricht stated that adequate parking will be provided on the site for employees of the day care, and that the loop driveway will be 15'9" wide and have adequate space to maneuver a mini- bus. Hrs. Wilbricht pointed out that an adult day care will be quieter than a child day care and that no one will be there in the evening or on weekends. She stated that the adult day care would benefit the community. Minutes - Zoning Board of Adjustment Thursday, No~Tember 30, 2000- Page 5 Staff Member Hemenway reviewed the letters and petitions submitted by neighbors in opposition to the request. He stated that staff believes that traffic generated by the day care will have lit-tie additional impact on the neighborhood. He recommended that, if the request is approved, the Board require that; ~.) The number of adult day care clients bo limited to 24; and, 2) All employees be required to park in designated off-street parking spaces. The Board discussed the proposed request noting that patrons of the day care can be asked to not turn around in neighbors driveways. Board Member Bechen stated that, as a realtor, she does not believe the day care will adversely impact the value of neighboring residential properties. The Board reviewed the traffic safety issue, noUng that because of Dubuque's topography, this type of intersection is not uncommon. The Board reviewed standards for granting a condiUonal use permit. The Board said they feel that the request meets the standards for granting a conditional use permit. Motion by Gasper, seconded by Bechen, to approve the conditional use permit, with the conditions that: 1) The adult day care center be limited to a maximum of 24 clients; and 2) All employees of the adult day care center be required to park in designated off-street parking spaces. Motion was approved by the following vote: Aye - Bechen, Gasper, Ruden; Nay - Urell. DOCKET 9~.-00: Application of the Grand Opera House/Gene Bird Sign Co. for a variance for property located at 135 W. 8~ Street to allow a sign to project 9' into the public right-of-way, :~8" maximum permitted, in a C-5 Central Business District. Chairperson Ruden read a letter submitted by Gene Bird Sign Company asking that their variance request be tabled until resubmitted. Motion to table the variance request until resubmitted was passed unanimously. DOCKET 92-00: Application of Apostolic Faith Temple/Allen & Urbain Architects for a variance for property located at 2080 Elm Street to rebuild the church 0' from both front property lines, 20 feet required, and 0' from the south side property line, 6 feet required, on an 9,880 square foot lot, when 20,000 square foot minimum is required, in an R-2A Alternate Two-Family Residential zoning district. The Board decided to hear both the parking and setback variance requests at the same time. Al Urbain spoke in favor of the request, distributing an updated site plan to the Board. He reviewed tile updated site plan, stating that the stairs had been relocated from the corner to the Minutes - Zoning Board of Adjustment .Thursday, No~ember 30, 2000- Page 6 parking lot, which will improve the site visibility at the intersection. He said that the church building will be set back farther than originally requested. He said that the new church building and paved parking area will improve the property and have a positive impact on the neighborhood. He discussed the provision of eight off-street parking spaces versus nine off-street parking spaces. He said that the total seaUng for the church has been reduced and that paving, screening and landscaping the property will improve the area. Staff Member Kritz discussed the Zoning Ordinance requirements for rebuilding a structure that is legally non-conforming. Board Members felt that the requests meet the requirements for granting a variance and will have a positive impact on the n~ighborhood. MoUon by Urell, seconded by Gasper, to appro~,e the vadance request as submitted. The motion was approved by the following vote: Aye - Bechen, Urell, Gasper and Ruden; Nay - none. DOCKET 93-00: ApplicaUon of Apostolic Faith Temple/Allen & Urbain Architects for a variance for property located at 2080 Elm Street to rebuild the church and provide 9 off-street parkin_o_ spaces, when 50 spaces are required, in an R-2A Alternate Two-Family Residential zoning disbic Motion by Urell, seconded by Gasper, to approve the parking variance for the Apostolic Church. Motion was approved by the following vote: Aye - Bechen, Urell, Gasper and Ruden; Nay - none. MINUTES & NOTICES OF DECI$ION~ The minutes of the October 26 and November 14 meetings and Notices of Decision for Dockets 64-00, 73-00, 74-00, 80-00, 81-00, 82-00, 83-00, 84-00, 86-00, 87-00, 88-00 and 89-00 were unanimously approved as submitted. AD3OURNMENT: The meeting adjoumed at 6:15 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 THE CITY COUNCIL. NO EMPLOYEE OF T~ CITY OF DUBUQUE HAS THE AbTaORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: 2. Address, 4. Date Of InCident:. J~ 5. Time of Incident: 6. Locat~0~ Of incident. DESCRiBE-AcCiDENT OR OCCURRENcETHAT CAUSED INou~Y OR DAMAGE. (~ivefull. details upo= which you base your claim. If a City employee was involved, give the employee's D~m~.) Se 10. 11. What were weather conditions like? ~ive na~e and address of any witnesses. Did police investigate? (If so, give names of officers.) 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 damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? Have you been compensated for any part or all of your claim by any insurance company? (If so, give Da~e and address of insurance company and amount paid.) 15. .What amount do you claim from the City Of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. ~aveyou ~d~,any claim agains~ anyone else for d~ges as a result of If yes, ~ive n~e and address= 18. If the answer to Question !7 .is_ yes_.~, h_ay_e YOU received -~Pa!~ent f~ that' s°urce, a~d-~ ~, 1~ wha~ amount? any (Revised January, 2000) day of (Signature) r~nt Name) CLAIM AGAINST THE CITY. OF DUBUQUE This writtenreport 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~--~ndation 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. ~ Address: 4. Date of Incident: OCT /~, ~ ime of I cident: OCr I'00 6. Location of incident. (Be specific). ~5%m%NT /5~%A DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJITRY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the emp.loyee's na~e.) ~at were weather conditions like? Give n~e ~d address of any wi~esses. 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give nacre, address and extent of injuries.) 12. Was 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 d~mage.) other d~es do you claim, if ~y? 13. 14. 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.) 15. 16. 17. 18. What amount do you. claim from the City of Dubuque? Why do yoU claim ~he City of Dubuque is responsible? Have you ~de ~y cla~ against ~yone else for d~ages aS a result of this incident? If] yes, gi~e n~e and' address: If the answer to ~=e~t.ion 17 is yes, have you received any payment from that source, and if so, in what amount? D~ Dubuque, · this aay of Dsc m £/e , (Revised January, 2000) (Print Name) 1827 WHITE ST. · (319) 583-2131 DUBUQUE, IOWA 52001 HESIDENTtAL INSTITUTIONAL ~ubuque Aesoue lvtission *INDUSTRIAL 3~J IVlall~ Sro TERI~IS: 1 1/2% INTEREST CHARGE ON uubu~ue, &owa ~2001 ACCOUNTAFTER30 DAYS. ANNUAL PERCENTAGE RATE OF ~8%. Check elevator, ~quare D 100A D pole ormer disconneov ana change £uslble disconnect mlectrioians Service Sales 'lax 139. 0 20.00 $~o9.9'f BARRY A. LINDAHL, ~ COKPOKATI ON COUNSEL ~ MEMO <iD Mayor Terrance M. Duggan and members of the City Council December 5, 2000 Claim of Ms.'Florence gird Claiman~ Dante of Claim Date of Loss -- ~ Nature of Claim Florence }tird 11/9/00 ' 10/2/00 property damage This is a claim for damages to the claimant,.s basement door, which it sustained when the Dubuque police made a forced entry to do a welfare Check on the Claimant. According to the report-of Acting Police Chief Terry Lambert, neigh-bors Were COncerned about the claimant because they had n.ot ' ~eoh~n her for'some, time, her mail was piling up and her car s?ara~.e: _A~ officer was not ab . ~^ _~, an~ ~e ~Orced 'ent~ t~ ~- - ia to get ~ res~ was in · . Acting Chief Lambert .... ement., causing minimal ' · ~==ummen=ed payment of th~ damage · claim. It is therefore the recommendation of the Legal Department that this claim, in the amount of $59.15, be paid by. the Finance Director and' submitted to ICAP rom reimbursement. BAL/cg/Enc. cc - Chief Kim Wadding cc - Assistant Chief Terry Lambert cc - Ms. Florence ~ird 196 CYCARE PLAZA DUBUQUS IOWA 52001 T~Lg 319 583-4113 FAX 319 583-1040 e-mall b~lesq(~mwc~.net D~buque Ponce De Law Enforcer,. pattmeat P.O. Box 87~'''ent Cen~t ~Uque. IOWa 520~087~ . ne 019) 589~ ~ 019) ss~9~~° Ms. Carol GUlick Le~a2 Departmeant 296 Duhuqnae BUildin~ 700 LOcust St. Dubuqrue, Iowa 52001 NOVemJoer 30, 2000 Dear Ms. GUlick: On October 2 of Ms. Flor · 2000 t~ they h=~ ence Hird wA ~e POlice D=~ ~=~ . ~ not See~ ~,_ ~o resides s~ .~artment r · ~o zn the 9ar~ ~ "~' Hird fo~ -~ ~lO Woo~ ece~ved a c ~ a~l Was Piliny ep°rted that g up and her Car OffiCer Kur ~t a. resPonse a~t~Orch reSpond=~ s~' Hlrd. It wa~ ~e door her ~ to the resid~ The lfare of would et/mated Mercy hospital Where recoramend we damage to Ms. Pay it. Hird,s reside~ce as rePOrted is ~inima1 and I SinCere/y, ryLar~ber Actin~ Chief of POlice Service Integrity BARRY ~k. LINDAHL~ ESQ~-y COKI~Otl_ATION COUNSEL MEMO To; Date: ~e: Mayor Terrance M. Duggan and members of the City Council December 5, 2000 Key Apartments West Claim (9 Claimant Date of Claim Date of Loss Nature of Key Apartments West 11/21/00 10/14/00 property damage This is a claim for carpet damages inadvertently caused hyEMT personnel while answering a call at Key Apartments West. According to the report of Fire Chief E. Dan Brown, the claim is correct as filed. It is. therefore the recommendation of the Legal Department 'that this claim, in the amount of $335.61, be paid by the Finance Director and submitted to ICAP for reimbursement. BAL/cg/enc. cc - Chief E. Dan Brown cc - Mr. Paul Lester Manager, Key Apartments West e-mill bilesq~mwcl.net Fire Department 11 West 9th Street Dubuque, Iowa 520ff14839 (319) 5894160 E. Daniel Brown, Chief November 27, 2000 Ms. Carol A. Gulick Legal Department 196 Dubaque Building 700 Locust Street Dubuque, IA 52001 6824 Re: Claim from Key Apartments West Dear Carol: In regard to'the claim filed by Mr. Paul Lester, Manager for the Key APartments West, filed on November 21, 2000, I feel this claim to be correct and recommend payment of same. Sincerely, E. Daniel Brown Fire Chief EDB:Is Service People Integrity Responsibility Innovation Teamwork BARRY A. LINDAHL~ S~. COKPOKATION COUNSE~ MEMO To: Date: 1~: .Claimant Patti Schilling Mayor Terrance M. Duggan and members of the City Council 'December 5, 2000 Claim of Ms.'.Patti Schilling Date of Claim Date of Loss ll/20/O0 1/17/00 ~ature of Claim property damage This xs a claim for damages for personal property mistakenly disposed of without properly notifying the claimant to pick it up. According to' the report of Acting Chief of Police Terry Lambert, the claim is correct as filed. It is therefore the recommendation of the Legal. Department that this' claim,, in the amount of $25.00,' be paid by the Finance Director and submitted to ICAP for reimbursement. BAL/cg/Enclosure cc - Chief Klm Wadding cc - Assistant Chief Terry Lm~hert cc - Ms. Patti Schilling 196 CYCARg PLAZA DUBUQUE IOWA 52001 TELB 319 585-4113 FAX 319 583-1040 e-mall b~lcsq~mwci.net Dubuque Police Department Law Enforcement Center P.O. Box 875 Dubuque, Iowa 52004d)875 Phone (319) 589~!410 Fax (319) 589-4497 30 November, 2000 Ms. Carol Gulick Legal Department 196 Dubuque Bldg. 700 Locust Street Dubuque, Iowa 52001 RE: Patti Schilling Claim Dear Carol: On January 17, 2000 Police responded to 530 Cooper Place to investigate a reported domestic assault. As a result of the investigation a lavender colored "Cherokee" shirt was taken as evidence. The shirt was placed into the police evidence room where it remained until recently. Evidence and Identification Officer Terry Driscoll removed the shirt from evidence once he determined the case had been settled. He mistakenly discarded the shirt without contacting the owner to ascertain if she wanted it back. I therefore recommend we pay the claim as filed by MS. Schilling. Acting Chief of Police Service People Integrity Responsibility Innovation Teamwork CITY OF D, UBUQUE, IOWA OODEC l ~ ,~rx s Off/ce Du~u~be, lA TO: The Honorable Mayor and City Council FROM: SUBJECT: Kermeth J.TeKippe, Finance Director Financial~ )~ ,.~,~--e DATE: December 12, 2000 Enclosed are the City of Dubuque Financial Reports for the month ending November 30, 2000. The reports included are: Consolidated Balance Sheet, Activity Revenue Status Report, and Department Expenditure Status Report. CITY OF DUBUQUE, IOWA MEMORANDUM December 8, 2000 To: The Honorable Mayor and City Council From: Michael C. Van Milligen, City Manager RE: Appointments to the Owner-Occupied Affordable Housing Committee Recommendations for participants on the Owner-Occupied Affordable Housing Committee were made to the City Council at the November 6, 2000 meeting. Direction was given to add two more persons to the committee who could offer the citizens' perspective in the discussions. I respectfully recommend City Council approval of the addition of Linda Sangstun and Nancy Zachar Fett to the committee. Linda Sangston was a participant in the dreams program and Nancy Zachar Fett recently purchased a home in Dubuque. Michael C. Van Milligen CC: Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk Tim Moerman, Assistant City Manager David Harris; Housing Services Manager ¥I 'enbnqna es!~O s,x~siO AD CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach Leisure Services Manager Gil Spence is recommending final acceptance o£the charitable land donation from Carl and Mary Am~ Burbach. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic~hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager VI ~ ,~- ,q, a CITY OF DUBUQUE, IOWA MEMORANDUM December 1, 2000 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach INTRODUCTION The purpose of this memorandum is to request that the City Council make final acceptance of the charitable hand donation from Carl and Mary Ann Burbach. DISCUSSION Carl and Mary Ann Burbach are donating a lot at the end of Welu Drive to the City for park purposes. This lot adjoins the Medical Associates Greenbelt and will be developed as a park targeted for three to eight year-olds and could also serve as an access to the Greenbelt. The City Council has given approval of the acceptance of the donation. This action approves the resolution accepting the deed. ACTION STEP The action requested is that the City Council approve the attached resolution accepting the deed to the property donated by Carl and Mary Burbach. GDS:et attachments Prepared by Barry A. Lindahl 196 Dubuque Building Dubuque IA 52001 319 583-4113 RESOLUTION NO. -00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 WHEREAS, Carl J. Burbach Declaration of Trust dated January 24, 1995 desires to make a gift of the following described real property to the City of Dubuque: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa AND WHEREAS, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this day of ., 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by Brian J. Kane, KANE, NORBY & REDDICK, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (319)582-7980 Address Tax Statement: City of Dubuque, 50 W. 13~ Street, Dubuque, IA 52001 Space Above This Lhue for Recorder TRUSTEE'S QUIT CLAIM DEED For the consideration of One Dollar ($1.00) and other valuable consideration, CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 does hereby Quit Claim to THE CITY OF DUBUQUE, IOWA, an Iowa municipal corporation, all of its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa. The undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or fcmiuine gender, according to the context. Dated: /vov~,,~t~,~ /~'., 2000. CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 STATE OF IOWA ) )SS: COUNTY OF DUBUQUE ) On this /5 V'SaY of BY: ~,/_ / -: ~ CARTL J. BRACH, TRUSTEE ,2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carl J. Burbach, Trustee, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he, as the trustee, executed the instrument as the voluntary act and deed of the person and of the trustee. Not'~~' ' ~forfor ~e S~tate o Iowa Prepared by: Prepared by: Brian J. Kane of Kane, Norby & Reddick, P.C., 2100 Asbary Road, Suite 2, Dubuque, IA 52001 319/582-7980 Address Tax Statement: CITY OF DUBUQUE, 50 West I3® Street, Dubuque, IA 52001 AFFIDAVIT Lot _2 o~ Sunse~, ark Eighth Addition to the City of Dubuque, I0?~va. STATE OF IOWA ) ) COUNTY OF DUBUQUE) ss: I, Carl J. Burbach, being first duly sworn on oath, state of my own personal knowledge 1. Carl J. Burbach is the Trustee under the Carl J. Burbach Declaration of Trust dated January 24, 1995, to which the above described real estate was conveyed pursuant to a Warranty Deed recorded on the 6th day of June, 1995 as Instrument No. 5288-95 &the records of the Dubuque County Recorder. 2. Carl J. Burbach is presently the existing Trustee under the Carl J. Burbach Declaration of Trust dated January 24, 1995 and is authorized to transfer the trust's interest in the above described real estate to THE CITY OF DUBUQUE, IOWA, an Iowa municipal corporation, without any limitation or qualification whatsoever. 3. The Declaration of Trust of Carl J. Burbach dated January 24, 1995 is in existence and Carl J. Burbach, as Trustee, is authorized to transfer the interest in the real estate, fi'ce and clear of any adverse claims. L Dated this /~'~'ay of /uo9(~-,~p~,~ ,2000. STATE OF IOWA ) )SS: COUNTY OF DUBUQUE) 2000. C( ACH ' - Subscribed and sworn to before me by Carl J. Burbach this t/~'- ~ay o~,~ NOTAXY PUBLIC ][b~ AND FOR THE STATE OF IOWA Prepared by: Brian J. Kane, Kane, Norby & Reddiek, P.C., 2100 Asbury Road, Dubuque, IA 52001 319/582-7980 AFFIDAVIT Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa. STATE OF IOWA COUNTY OF DUBUQUE ) ) SS.* I, ~ on behalf of the City of Dubuque, Iowa, being first duly sworn on oath, state of my own personal knowledge that: The City of Dubuque has relied on the Affidavit of Carl J. Burbach, as Trustee (given pursuant to Iowa Code Section 614.14(2)(1997) and Iowa Land Title Standard 4.7); the City of Dubuque is the grantee of the above real estate fi:om the Carl J. Burbach Declaration of Trust Dated January 24, 1995 and it has no notice or knowledge of any adverse claims arising out of the execution and recording of the Deed from the trustee. Dated this day of ~ 2000. CITY OF DUBUQUE, IOWA Its Authorized Represontative STATE OF IOWA ) COUNTY OF DUBUQUE ) On this __ day of , 2000, before me, ~ a Notary Public in and for the State of Iowa, personally appeared and to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of ~ Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as conta'med in Ordinance No. __ passed (the Resolution adopted) by the City Council, under Roll Call No. __ of the City Council on the day of , 2000, and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Name(si showll on ~our ~,',~u,.¢ tax re~lJrn Pa?e ~ CAI~ J. BUEBACH & MARY ANN BURBACH Section B---Appraisal Su,.,.ary--List in this sect)on only items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly traded securities only in Secdon A. If you donated art, ~/ou may have to attach the complete appraisal. See the Note in Part I below. I:,¢~a! Information on Doi~a;.~-d Properbj--To be completed,by the taxpayer and/or appraiser. 4 Check type of property: [] A~t' (con~ibution of $20,0OO or more) [] Real Estate [] Gems/Jewelry [] Stamp Collections [] Art' (contribution of less than $20,000) [] Coin Collections [] Books [] Other 'Art includes peinrJngs, sculptures, watercolors, pdnLs, drawings, ceramics, antJque fumitare, decorative arts, text)lea, carpels, silver, rare manuschpts, historical memorabilia, and ol~a' similar ob acLS. Note: If your total ar~ cont~bution deduc~len was $2~ 000 or more, you rnu~ attach a complete cop}, of ~he signed appraisal. See instl~c~ions. Lot 22 We]u Drivm (d) Date acquired (e) How acquired by donor {mo.. yr.) by donor ~e-i 99Tixpa Purchase N/^ : (c) Appraised fair 75,000 I0 N/A 00 'er (Donor) Statement--List eact' item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions. I declare that the following item(s) included in Pat'[ I above has to the best of my knowledge and belief an appraised value of not more than $500 (per ~tem). Enter Ideetifying letter from Part I and describe the spec~ic item. See instnJctions. · Signature of texpayer (donor} · Date · I~rltlllI Declaration of Appraiser I declare that I am not the donor, the donee, a pea7 to the transaction in which the donor acquired the property, ernptoyed by, or re~ated to any of the foregoing persons, or married to an)' person who is n~ated to an)' of the foregoing persons. And, if mgulad¥ used by the deeor~ donee, or party to the txansectlon, I performed the majority of my appraisals dudng my tax year for other persons. Alee. I declare that I hold mysetf out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as deecdbed in the appraisal, I am qualified to make appraisals of the type of propert7 being valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the propedy value as deeedbed in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liabiJity). I a~rm that l have not been bamed [rom p~tieg evidence or teetJmony by the Director Of Practice, Sign I Hera Signature · Title · Date of appr~.~l · ausiness address (includln~ room or suite no.) I identifying number Felderman Appraisals, 1179 Iowa Street City or tev~. s~ate, and ZIP code Dubuque, Iowa 52001 I',,¢~;1~ Donee Acknowled~Irnent--To be completed by the charitable organization. ThLs charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B, Part l, above on · ,2000 (Da:e) Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any portion tbereot) within 2 years after the date of receipt, it will file Form 8282, Donee information Return, with the IRS and give the donor a copy of that term. This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the property for an unrela~ed use? ............. 1~ [] Yes [] No City of Dubuque~ Iowa [ 42-6004596W C/O City Manager City Hall, 50 West 13th St Dubuque~ IA 52001 8283.2 Published by Tax Management inc., a Subsidiary of The Bureau of National Affairs, [nc, ] 2/7/98 8283 (Re~. October 1998) Noncash Charitable Contributions OMB No. 1545-0908 Sequence No. 5~ C~L J. BURBACH & ~RY ANN BURBACH Note: Figure the amount of.your contribution deduction before completing ~h~s form. See ),our tax return ins~'uctiens, Section A--List in this section only items (or groups et' similar items) for which you claimed a deduction of $5,000 or 1 less. Also, Ii.st ced:ain publicly traded securities even if the deduction is over $5,000 (see instructions). Infon'nafion on Donated Property--If you need more space, attach a statement. (~} Nerve and address of the ('o) Description ~r donated pmpe~t)' A C D E Note: If the amount you claimed as a deduction for an fi:em $500 or less, ),c J de not have to complete columns (d), [e), and (r). ~ ~1~ Other Informafio~Corr ~lete line 2 if you gave less than an entire interest In propert~ Corn )late line 3 if conditions were attached to a contribution listed in Part I. 2 lC dudng the year, you contributed less than the entire interest in the property, complete lines a-e. a Enter the letter from Par[ I tha£ identifies the property ~,- . If Par[ II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Part h (1) For this tax year · (2) For any prior tax years ~ c Name and address of each organization to which any such contribution was made in a prior year (complete only if diJTerent from the donee organization above): Name of charitable organization (donee) Address {number. street, and roor~ or suAe no.) City or town. state, and ZIP code d For tangible property, enter the place where the property is located or kept I,- e Name o¢ any person, other than the donee organization, having actual possession of the prope~y ~ 3 If conditions were attached to any contribution listed in Part I, answer questions a - c and attach the required statement (see instructions). a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated property? ................................... b Did you give to anyone (o~her than the donee organization or another organization participating with the donee organization in cooperative fundraising) the right to the income from the donated property er to the possession of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? .......... c Is there a restriction limitinq the donated property for a particular use? .............. For Paperwork Reduction Act Notice, see page 4 of separate instructions. Cat. No. $229sJ Form ~')~3 'es No 12/7/98 Published by Tax Management Inc., a Subsidiary of The Bureau of National Affairs, Inc. 8253.1 Patrick and Marilyn Mulligan ! 626 Ara), Court Dubuqu% IA 52002 Office Ph: 589-6790 Home Ph: 583-2262 To: Dubuque City Clerk This petition concerns the adoption of a Residential Parking Permit Designation on Amy Court, Dubuque, Iowa. Students from Hempstead High School have consistently shown d/srespect w/th reckless driving and parking habits on our street. Often many of the Amy Court residents haven't received mail because of students parking in front of mailboxes. Trespassing and littering are both issues along with obnoxious behav/or among the students parking in our neighborhood. Amy Court Cul-de-sac has had quite a turnover in residents in the last three years. Could you please make Amy Court a residential parking permit designation area once again. Eighty three percent (83%) of the residents on our street approve of this idea. You will find the map below and signed petition following: MAP OF AMY COURT North L - ~ ~ Hempstead High School"l' CIIY OF DUUUQUE, IOWA PETITION FOR RESIDENTIAL PARKING PERMIT DISTRICT DESIGNATION the undersigned citizens, residing' on the following street(s) respectfully .~etttton tile C.tty Council to establish a Residential Parking Permit District (RPPD) with the following boundaries ~ A',"~¥ (_~u...-~ between the hours of ~m;OOA'l'4 ahd 3:~o p~4 daily except~lld~y: --" -~ ~" ..... ~' ~' ~ · . . .... ~ ~ .* ......... ~ SEreets included within tile requested RPPD include ~-.s~ 'We-~ign with the knowledge that if a Residential Parking Permit District is designatedan annual fee of ten dollars ($10.00] shall be charged per vehicle For a Residential Parking Permit; not more ti)an two (2) Residential Parking Permits shall be issued to any dwelling unit, and only vehicles with a permit shall be allowed to park curb side in the district between the hours identified above and as identified by City Council. (The annual Fee is subject to change by City Council action.) * Cover letter explaining request and map showing tile boundaries df the proposed district must accompany petition. ADDRESS / DATE § 32-374 DUBUQUE CODE meter district only, when additional temporary parking stalls are required to accommodate dis- abled parking persons. (b) Parking meter hoods shall be white in color and be embossed with the international symbol of accessibility signifying utilization by a disabled person parking patron only. (c) The city manager shall establish fees for uti- lization of the hoods. A deposit fee of fifteen dol- lars ($15.00) per hood to cover the cost of the hood and lock shall be paid prior to the leasing of the hood. (Ord. No. 55-92, § 2, 7-20192; Ord. No. 34193, §§ 42, 43, 6-21-93; Ord. No. 7-94, § 10, 11, 2-7-94) Sec. 32-375. Reserved time-designated dis- abled person parking stalls. Parking places posted as reserved time- designated disabled person parking stalls shall b~ identified with a disability parking sign bearing the international symbal of accessibility and the day and/or hours of the reserved disabled person parking. (Ord. No. 34-93, § 44, 6-21-93; Ord. No. 7-94, § 12, 2-7-94) Sec. 32-376. Specialprepaldparkingpermits for specific wheelchair. dependent disabled.persons. (a) Special prepaid parking permits for specific wheelchair-dependent disabled persons shall be issued on an annual basis by the parking division to specific wheelchair-dependent disabled persons for use by such persons for parking in the parking meter district. (b) The purpose of a special prepaid parking permit is to provide shore-term poxking privileges to cert~dn disabled persons. Parking pursuant to such permits shall be limited to a moximum of two (2) hours at a metered stall. (c) A special prepaid parking permit shall ex- erupt the person to whom the permit is issued from the provisions of this chaPter, requiring the depositing of coins in a parking meter at a me- tered stall where such person parks a vehicle. (d) A special prepaid parking permit shall be issued by the parking division upon the filing with the division of a permit application and the pay- ment of an annual fee, if the applicant establishes the following: (1) The applicant is a wheelchair-dependent disabled person who is the operator of a specially equipped van for wheelchair- dependent disabled persons; (2) Such person cannot negotiate curbings and/or curb cuts to reach parking meters; (3) Such person is not physically capable of in- serting coins into a parking meter and ac- tivating the parking meter handle; and (4) Such person cannot retrieve parking tickets from the windshield of the vehicle. (Ord. No. 7-94, § 13, 2-7-94) Secs. 32-377-32.380. Reserved. DMSION 7- RESIDENTIAL PARK/NG PERMIT pROGRAM Sec. 32-381. Intent and purpose. The city council of the City of Dubuque, Iowa, finds and declares that the provisions of this di- vision are enacted for the following reasons: (1) To reduce the traffic congestion resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential district; (2) To protect the residential districts from pol- luted air, excessive noise, and refuse caused by the entry of such vehicles; (3) To protect the residents of these residential districts from unreasonable burden in gaining access to their residences; (4) To preserve the character of these districts as residential districts; (5) To preJerve the value of the property in these residential districts; (6) To promote traffic safety and the safety of children and other pedestrians in these res- idential districts; Supp. No, 18 2060 MOTOR VEHICLES AND TRAFFIC § 32-383 (7) To forestall dangers arising from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching the victim and in trans. porting them to the hospital; and (8) Topromotethepeace, comfort, convealence, and welfare of all inhabitants of the city. (Code 1976, § 25-350) Sec. 32-382. Definitions. For the purpose of this division, the following terms shall have the meanings listed below: Block face shall refer to all the properties on one side of a given street existing between two (2) consecutive intersecting streets; Dwelling unit shall mean a building or portion of a building which is exclusively arranged, occu- pied, or intended to be occupied as living quarters for one family, but not including dwelling units in hotels, rooming houses, institutions, dormitories, or convalescent or nursing homes. Motor vehicle shall mean a vehicle licensed as a private passenger car or a motorcycle or light pickup truck but not including any other truck or road tractor. Peak period shall mean that time interval be- tween the hours of 7:00 a.m. and 5:30 p.m. daily or between such hours as requested by the peri- tioners during which the highest percentage of overall resident and nonresident parking utiliza- tion occurs, Resident shall mean a person who maintains a bona fide occupancy within a residential parking permit district. Residential district shall mean a contiguous area containing public streets or pants thereof abutted by residential property, or residential and non- business property including, but not limited to, schools, parks, churches, hospitals and nursing homes. Residentialparkingpermit district shall mean a residential &rea designated by ordinance as herein provided. (Code 1976, § 25-351; Ord. No. 7-94, § 14, 2-7-94) Sec. 32-383. Residential parking permit pro- gram established. There is hereby established a residential parking permit program. The procedure for being designated a residential parking permit district shall be as follows: (1) Petition: In order to be considered for a res- idential parking permit district designa- tion, a group of residents must submit a petition to the city manager containing the sxgnature of an adult member of at ]east sixty (60) percent of the dwelling units in the residential area. Petitions shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries of and the streets within the proposed permit parking district shall be clearly identified on each page of the petition. The petition shall also state clearly that, if the district is approved that participation in the program is man- datory, only those vehicles with a permit shall be permitted to park in the residen- tial parking permit district between 7:00 a.m. and 5:30 p.m. dally, or such other hours as may be requested by the petition and approved by the city council, except Sun- days and holidays, and an annual fee of ten dollars ($10.00) will be charged for a parking permit for each vehicle. The nec- essary petition can be obtained from the office of the city clerk. A cover letter ex- plaining the reasons for the request and a map showing the boundaries of the pro- posed parking permit district shall accom- pany the petition. (1.5) Exception: A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating con- ditions that render such requirement an- reasonable. Upon the recommendation of the city manger, such reqalreme,t may be waived by the city council if it fiuds that the proposed residential district i.'~ isolated or separated from other resident, iai areas by topographical features or by commercial area. The city council shall not grant such a waiver, however, if it determines that the Supp. No. 18 2061 § 32-383' DUBUQUE CODE (2) (3) only basis for granting such a waiver is the convenience of the residents or if it deter- mines that the waiver is being requested by the petitioners to prevent opposition to establishing a disLTict. All other require- ments of this division must be established. Parking study: Upon receipt of a valid pe- tition, the city manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterion are sat- isfied during peak periods: a. At least eighty (80) percent of the curb- side parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty-three (23) linear feet; and b. At least twenty-five (25) percent of the curbside parking spaces in the proposed parking district were utilized by non- resident parkers. For purposes of this criterion, the latest available motor ve- hicle registration information shall be used. Parkitzg study report and recommendation: Upon completion of the parking study, if the conditions of (2)(a) and (2)(b) are estab- lished, the city manager shall make a re- port and recommendation to the city council, based upon the petition and results of the survey, on whether or not to desig- nate the proposed parking district or a por- tion thereof as a residential parking permit district and the hours such restrictions are to be in effect. The recommendation shall take the following into account: a. The effect on the safety of the residents of the proposed residential parking permit district from intensive parking by nonresidents; b. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curb. side parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists; c. The likelihood of alleviating, by use of the residential parking permit pro- gram, any problem of nonavailability of residential parking spaces; and d. The desire of the residents in the pro- posed residential parking permit area for the institution of a residential parking permit district and the will- ingness of those residents to bear the cost incidental to the administration of the residential parking permit pro- gram. (4) Public hearing: Upon receipt of the report and recommendation from the city man- ager, the city council shall set a public hearing on the petition. Upon completion of the public hearing, the city council may reject the petition or adopt an ordinance designating the permit area as a residen. rial parking permit district and the hours such parking restrictions are to be in effect. (Code 1976, § 25-352; Ord. No. 12-92, § 1, 2-3-92) Sec. 32-384. Pasting of residential parking permit signs. Following adoption of an ordinance designating a residential parking permit district, signs shall be erected in the designated 'area indicating the hours which curbside parking in the designated area is prohibited, except Sundays and holidays, unless the vehicle properly displays a parking permit. (Code 1976, § 25-353) Sec. 32-385. Notice to residents of designa. tion of residential parking permit district. Following adoption of an ordinance to desig. nato a residential parking permit district, the city clerk shall mail to every dwelling unit within the designated district the following documents: (1) A notice of designation which shall inform the residents in the designated area of.' a. The existence, exact location and nu- merical designation of the residential parking permit district; Supp. No. 18 2062 MOTOR VEHICLES AND TRAFFIC § 32-386 b. The parking restrictions applicable to all vehicles curbside parking spaces along streets in the designated area which do not properly display a parking permit authorized by this division; and c. The procedures to obtain a residential parking permit. (2) An application for residential parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit: a. The name and residential address of the owner of the vehicle; b. The name, residential address and driv- er's license number of the principal op- erator of the vehicle; c. The make, model, license plate number and registration number of the vehicle; and d. The signature of the applicant for the residential parking permit.' (Code 1976, § 25-354) Sec. 32-386. Issuance of residential parking permit. (a) A residential parking permit shall be issued upon the applicant's payment of an annual ten dollar ($10.00) residential parking permit fee and submission of a completed residential parking permit application. A separate parking permit fee and application is required for each motor vehicle the applicant parks carbside within the district. Not more than two (2) residential parking permits shall be issued to each dwelling unit. Supp. No. 18 2062.1 MOTOR VEHICLES AND TRAFFIC § 32-389 The permit fee shall be used to offset the cost of operation and administration of the residential parking permit program. Permit fees are not re- fundable or eligible for proration. One guest parking permit shall be issued without charge with each residential parking permit for use only by nonresidents of the resi- dential parking permit district. Up to two (2) guest parking permits for which an annual fee of five dollars ($5.00) per permit shall be charged may be issued to a dwelling unit wherein none of the residents own or operate a motor vehicle. (b) The residential parking permit shall be per- manently aff'rxed to the inside bottom left corner of the front windshield. Guest permits shall be displayed in the same location. Vehicles not equipped with a front windshield shall perma- nently aff'LX the permit in a prominent location. (c) No residential parking permit shall be is- sued for a vehicle whose owner or principal oper- ator is not a resident in the designated residential parking permit district. (d) The applicant for, and holder of, the rasiden- rial parking permit shall be the owner or prin. cipal operator of the vehicle receiving the parking permit. (Code 1976, § 25-355) Sec. 32-387. Renewal of residential parking per,nit. (a) The residential parking permit shall be re- newed annually during the month of August and expires on August thirty-first of each -year. (b) Upon the permit holder's payment of a ten dollar ($10.00) residential parking permit renewal fee and submission of a completed residential parking permit application, the holder shall re- ceive a new parking permit valid for a one-year period. (Code 1976, § 25-356) Sec. 32-388. Transfer of residential parking permit. (a) Upon the permit holder's payment of a one dollar ($1.00) residential parking permit transfer fee, the submission of a completed residential parking permit application and the surrender of the existing residential parking permit, the permit holder shall receive a new residential parking permit to be transferred to another qualifying ve- hicle. (b) The transfer of the residential parking permit to another qualifying vehicle shall not af- fect its expiration date. (Code 1976, § 25-357) Sec. 32-389. Responsibility of permit holder. (a) The holder of a residential parking permit or guest parking permit shall be permitted to stand or park a motor vehicle operated by such holder in the designated residential parking permit district during such time as the parking of such vehicles therein is permitted. While such vehicle for which a residential parking permit has been issued is so parked, or a vehicle displaying a visitor permit, such permit shall be displayed as prescribed in this division. (b) A residential parking permit or guest parking permit does not guarantee or reserve to the holder a parking space within the designated permit parking district. A parking permit does not authorize the standing or parking of any ve- hicle in such placas and during such times as the stopping, standing or parking of vehicles is pro. hibited or set aside for specific types or vehicles, and does not excuse the violation of any traffic regulation in the residential parking district. (c) Whanever the holder of a residential or guest' parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this divi- sion controlling issuance, renewal or transfer or parking permits, the holder shall se notify the city clerk's office. (d) Until its expiration, surrender or revoca- tion, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit district. (e) A parking permit shall be valid only in the .residential parking permit district for which it is issued. (Code 1976, § 25-358) Supp. No. 15 2063 § 32-390 DUBUQUE CODE Sec. 32-390. Exceptions. (a) The provisioas of this dlvision shall not apply to clearly marked service vehicles doing business in the designated residential parking permit dis- trict during the time they are working in the dis- trict insofar as they are clearly marked. (b) Whenever metered parking is in effect in any portion of a residential parking permit dis- trict, this division shall not apply to §uch metered parking. (Code 1976, § 25-359) Sec. 32-391. Withdrawalofdesignationofres. idential parking permit district. (a) Action to withdraw a residential parking permit district designation may be made by a pe- tition signed by an adult member of at least sixty (60) percent of the dwelling units in the desig- hated district. O (b) Upon receipt of a valid petition, the city council shall set a public hearing on the question of withdrawing the residential parking permit dis- trict designation. Upon completion of the public hearing, the city council may repeal the ordi- nance designating the residential parking permit district. (c) Following any repeal ofthe ordinance estab- lishing a residential parking permit district, the city clerk shall notify each resident within the district of such city council action. (d) The effective date of withdrawal of the des- ignation shall be upon publication of the repealing ordinance. (Code 1976, § 25-360) See. 32-392. Prohibited acts. It shall be a violation of this division for any person to: (1) Park or stand in designated districts during the restricted hours without displaying the proper permit; (2) Represent in any manner or form that a vehicle is entitled to a parking permit au- thcrized by this division when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representa- rich. (3) Duplicate, or attempt to duplicate, by any means, a parking permit authorized by this division. It shall also be a violation of this division to display upon any vehicle such a duplicate parking permit. (Code 1976, § 25-361) Sec. 32-393. Penalty, (a) The owner or operator of any vehicle who shail receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parking in violation of section 32-892(1) of this division shall, within seventy-two (72) hours from the time when such notice is served upon the owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such viola- tion, the sum of five dollars ($5.00). CO) A violation of section 32-392(2) and (3) con- stitutes a simple misdemeanor. (Code 1976, § 25-362) Sec. 32-394. Residential Parking Permit Dis- trier "A". (a) The following described area constitutes a residential parking permit district designated as Residential Parking Permit District "A": Grace Street, from Ida Street to McCormick Street; McCormick Street, from Grace Street to Bennett Street; Bennett Street, from McCor- mick Street to Algona Street; and Algona Street, from Bennett Street to Grace Street. Co) No vehicle shall park curbside in Residen- rial Parking Permit District "A" during the hours of 7:30 a.m. to 11:00 p.m. daily, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Code 1976, § 25-370) Sec. 32-395. Residential Parking Permit Dis- trict "B." (a) The fc~lowing described area constitutes a Residential Parking Permit District designated as Residential Parking Permit District "B": St. Mary's Street, from West Third Street to Emmett Street; Emmett Street, from St. Mary's Supp. No. 15 2064 MOTOR VEHICLES AND TRAFFIC § 32-420 Street to Bluff Street; and West Third Street, from St. Mary's Street to Bluff Street. (b) No vehicles shall park curbside in Residential Parking Permit District B during the hours of six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. daily, except Sundays and holidays without displaying a valid parking permit issued by the City. (Ord. No. 14-92, § 4,2-17-92; Ord. No. 16-93, §§ 4, 5, 4-5-93) See. 32-396. Residential Parking Permit District C. (a) The following described area constitutes a residential parking permit district designated as Residential Parking Permit District C: North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North Grandview Avenue; Clarke Drive from the east property line of 1687 Clarke Drive to St. Ambrose Street; Sunnyview Drive, from North Grandview Avenue to St. Ambrose Street; lings Street, south side; and Hoyt Street; and (b) No vehicle shall park curbside in Residential Parking Permit District C during the hours of seven thirty o'clock (7:30) A.M. to ten o'clock (10:00) P.M. daily, except Sundays and holidays without displaying a valid parking permit issued by the City. (Ord. No. 20-95, § 4, 3-20-95) Sees. 32-397-32-405. Reserved. ARTICLE IX. IMPOUNDMENT OF VEHICLES This Article is enacted as an enforcement procedure for protection of the public peace, safety and welfare and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic violations, and for the protection of public rights in the use of City streets and thoroughfares. (Code 1976, § 25-380) Sees. 32-407-32.410. Reserved. DIVISION 2. SCOFFLAW Sec. 32-411. Removal and impoundment. Any vehicle having against it five (5) or more unpaid violations issued within a twelve (12) month period, charging that such vehicle is parked, stopped or standing in violation of any law, ordinance or local authority of the City shall be deemed a public nuisance and the Police Department is hereby authorized to remove, or cause to be removed, such vehicle at the sole cost and expense of the habitual violator. The Police Department shall have the power and is hereby authorized to remove the vehicle by either private or governme~tal equipment as it may deem advisable. (Code 1976, § 25-383) Sec. 32-412. Owner responsibility. The registered owner of a vehicle having against it five (5) or more outstanding unpaid violations shall be presumed to be the owner at the time the violations were in fact issued and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secured by the operator without the owner's consent. (Code 1976, § 25~384) DIVISION 1. GENERALLY See. 32-406. Intent and purpose. Sees: 32~413-32-420. Reserved. DIVISION 3. STREET STORAGE Supp. No. 24 2065 Exception A petition may be considered fJ>r-an-area~whicl~contains less than four (4) adjacent block faces or fifty(SO} curb parking~spaces if there are extenuating conditions that rend6~ Such requirement unreasonable. Upon the recommendation of the City Manager, such requirement may be w~ived by the City Council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial areas. The City Council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the con- venience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other requirements of this division must be established. Parking Study Upon receipt of the petition, the City Manager will cause a parking study to be conducted. The parking study will determine if eighty (80) percent of the curbside parking spaces are being utilized during peak periods and if twenty- five (25) percent are being utilized by non-resident parkers. Upon completion of the study, if the above requirements are met, the City Manager will recommend to the City Council that a RPPD be established with parking restrictions during peak hours as indicated by the study. If the requirements are not met, the City Manager will report to the City Council that requirements are not met and the RPPD cannot be established. Public Hearing Required Upon receipt of the City Manager's report that the minimum standards are met and the recommendation to establish a RPPD, the City Council must set a public hearing on the question of establishing a RPPD and the hours of parking restrictions. After the public hearing, the City Council can pass an ordinance establishing the RPPD or decide not to establish such district. Posting of Residential Parking Permit Designation If the ordinance is adopted, signs will be installed designating the Residential Parking Permit District and indicating the hours which curbside parking is prohibited, except Sundays and holidays, unless the vehicle displays a parking permit. Notice will also be sent to residents by the City Manager's Office reporting on the City Council action establishing the Residential Parking Permit District and providing the application forms for obtaining owner and guest parking permits. Enforcement At a reasonable time after the signs are installed and residents given an opportunity to purchase parking permits, enforcement will begin against those who are parking in the district during the designated hours without the required parking permit or guest permit. Conclusion It is important to point out that the residential parking permit program is not intended to guarantee or reserve a permit bolder a parking space in front of their own home or even within the district. In words of the ordinance, the reasons for enacting the ordinance include "to reduce the traffic congestion resulting from the use of streets within residential districts £rom vehicles parked by persons not residing within the residential distri¢~ and to respond to "the difficulty or inability of residents of the proposed Residential Parking Permit District to obtain adequate curbside parking adjacent to or near their residence because of widespread use of available curbside parking spaces by non-resident motorists." However, the ordinance cannot make parking spaces where too few exist and one of the facts to be taken into account in recommending for or against a Residential Parking Permit District is "the likelihood of alleviating, by use of the residential parking permit program, any problem of availability of residential parking spaces." If you have further questions regarding the residential parking permit program, please feel free to contact the City Manager's Office. CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 2000 Certified Local Goveranaent (CLG) Annual Report Planning Services Manager Laura Carstens submits the attached 2000 Certified Local Government (CLG) Annual Report for the City Council's information. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 4, 2000 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~~' SUBJECT: 2000 Certified Local Government (CLG) Annual Report This memo transmits the 2000 Certified Local Government (CLG) Annual Report for City Council to receive and file. The annual report is the primary means for the City of Dubuque to report to the State Historical Society of Iowa on accomplishments of our historic preservation program. The CLG agreement between the State and the City of Dubuque requires submission of the report on a yearly basis. The questions are structured to determine if participants in the Certified Local Government program are fulfilling their responsibilities as outlined in the CLG Agreement with the State and their respective historic preservation ordinances and resolutions, it is also designed to determine if participants are complying with federal and state program requirements. This report is submitted for the City Council's information. No action is requested or required. Attachment cc: Historic Preservation Commission Prepared by: Kay Munson, Planning Technician km Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4221 December 7, 2000 Kerry C. McGrath, Local Governments Coordinator State Historical Society of Iowa Historical Building 600 East Locust Des Moines, IA 50322-2602 RE: Certified Local Government 2000 Annual Report Dear Kerry: Enclosed, please find our Certified Local Government 2000 Annual Report. I have sent you two completed forms (one original and one copy), as requested. Please call me at (319) 589-4210 if you have any questions regarding this report. Thank you for your assistance in preparing this document. Sincerely, Laura Carstens Planning Services Manager /klm Enclosure cc Michael C. Van Milligen, City Manager Historic Preservation Commission CERTIFIED LOCAL GOVERNMENT 2000 ANNUAL REPORT 1. Name of City, County or Land Use District (LUO): City of Dubuque. Iowa. in Dubuque County 2. Name of Chief Elected Official a. In office, January 1, 2000 through December 31, 2000: Mayor Terrance M. Duggan 3. Mailing Address for City. County. or Land Use District: Office of the Mayor City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 4. City. County or Land Use District Telephone Number. City Clerk's Office City Hall (319) 589-4120 5. City. County or Land Use District Fax Number: City Clerk's Office City Hall (319) !589-0890 6. City. County or Land Use District Email Address: Planning Services Department Ica rsten@ci.d ubuq ue.ia, us 7. City/County staff person who works with historic preservation commission: Name and Title: Address: Phone Number: Email Address: Fax Number: Laura Carstens, Planning Services Manager' City Hall, 50 W. 13th Street, Dubuque, Iowa (319) 589-4210 Icarsten@ci.dubuque. ia,us Planning Services Department, City Hall, (319) 589-4221 8. Commission Contact for 2000: Name and Title: Address: Phone Number: Email Address: Fax Number: Laura Carstens, Planning Services Manager City Hall, 50 W. 13th Street, Dubuque, Iowa (319) 589-4210 Icarsten@ci.dubuque. ia.us (319) 589-4221 9. Please attach completed BIOGRAPHICAL SKETCH FORM(s) or RESUMES for commission members who were appointed to the commission during 2000. 2000 Certified Local Government Annual Report City of Dubuque, Iowa How many regular business meetings did the commission have during 2000? /f the commission had a regularly scheduled meeting date, time and p/ace, p/ease specify. 12 regular meetings for design review: January through December, on 3rd Thursdays in the Auditorium, Carnegie Stout Public Library, 360 W. 11th Street, Dubuque. 10 special meetings: January through November, on 1st Thursdays in Auditorium, Carnegie Stout Public Library, 360 W. 11th Street, Dubuque. /f the commission did not have regular scheduled meetings, p/ease list the dates, times, and locations of commission meetings held during 2000. How did the commission notify the public of its meetings? Check a# that apply: V' A notice was posted in a public location, twenty-four hours in advance of the meeting. V~ The Meeting Agenda was posted in a public location. V~ Mailings were sent to public officials and interested residents ~ Notices were aired on the radio and/or television ~ Notices were printed in the newspaper Other (please describe) Is there a file of public notices, agendas, and minutes from the Historic Preservation Commissions 1999 meetings? Yes No Was there a quorum of commissioners at all off/cia/meetings? Check the response that applies: There was a quorum at all official meetings. There was a quorum at of the meetings. There never was a quorum at official meetings. 2000 Certified Local Government Annual Report City of Dubuque. Iowa Ail commission files and records should be stored in City Hall, the County Court House or the Land Use District Of~'ce. Provide location, street and mailing address of the repositories where the following are stored: a. Historic preservation commission's administrative files, location, street and mailing address: Planning Services Department City Hell - 50 W. 13th Street Dubuque, IA 52001 b. Property inventory and related records, location, street and mailing address: Planning Services Department City Hall - 50 W. 13th Street Dubuque, IA 52001 c. Library location, street and mailing address: Planning Services Department City Hall - 50 W. 13th Street Dubuque, IA 52001 Provide a yes or no response to the following questions which ask how you cared for your records. Archaeological site records are exempt under federal and state code from "freedom of information # actions. Yes Were survey materials accessible to the public, yet controlled so that materials are not lost? Yes Was access to information about archeological site locations restricted? Does the historic preservation commission report or communicate with elected officials on regular basis? Yes No 10. 11. 12. 2000 Certified Local Government Annual Report City of Dubuque. Iowa If yes, who reports to elected officials about historic preservation commission act/v/ties? Please place a check by those who report on behalf of the Historic Preservation Commission. Chairman of the Commission Staff member assigned to the Commission Director or Supervisor of the Commission Staff person Other (indicate who) Of the options listed below, check those which best indicate how the Commission reports to the city or county's chief elected officials. Does not report to the city or county's chief elected officials Submits copies of meeting minutes and agendas Submits copy of annual report form Presents oral reports at meetings Submits written reports Other--please describe Please attach cop/es of inventory forms, completed by the commission or submitted to the commission during 2001. This includes inventory forms competed as part of an HRDP grant funded project. Do not send copies of inventory form.~ completed in con/unction with a CLG grant pro/ect or for compliance with Section 106 of the National Historic Preservation Act. At present time, the City has not completed any inventory forms. We anticipate that will change in the future as a result of the HRDP grant awarded for Phase 2 of a Historic/Architectural Survey/Evaluation. P/ease list the survey and identification projects that the commission undertook, sponsored or encouraged. Describ~ the surveyed area, the historic contexts proposed or developed, and the number of properties involved. See attachment 13. P/ease list the evaluation projects that the commission 14. 16. 2000 Certified Local Government Annual Report City of Dubuque, Iowa undertook, sponsored or encouraged. Describe the evaluated area. the historic contexts, end the number of properties involved. The City was awarded a CLG grant as well as an HRDP grant to conduct Phase I and Phase 2 of a Historical Survey/Architectural Survey/Evaluation. The City Council has directed the Historic Preservation Commission to update the Historic Preservation Ordinance and procedures. Commissioners and City staff attended training sessions that discussed ways to provide assistance for rehabilitation of historic properties. List registration (National Register nomination) projects that the commission undertook, sponsored or encouraged: Identify the Names(s) of the Property(les) being nominated to the National Register of Historic Places. Four Mounds, Peru Road - NRHP nomination submitted in 8/00 Monitoring of the status of National Register of Historic Places Listed Properties, please list as indicated below: (Be sure to provide the historic name and address for each of the listed properties. If necessary, list on a separate sheet). a. List those that were altered in 2000: · City Hall, 50 W. 13~ Street · Wm. M. Black Historic Steam Dredge, Ice Harbor b. List those that were moved in 2000: No National Register listed properties in the city were moved in 2000. c. List those that were demolished in 2000:1235-1243 Bluff Street In 2000, did your city, county, or LUD revise its historic preservation ordinance or resolution? If you have not already 17. 18. 19. 2000 Certified Local Government Annual Report City of Dubuque, Iowa submitted a copy of the revised ordinance or resolution to the State, please attach a copy of the revised ordinance or resolution. The Historic Preservation Commission, under the direction of the City Council, has drafted an amendment to the Historic Preservation Ordinance. An initial draft was submitted to Kerry McGrath for review and comment. Once the ordinance is completed and approved by the City Council, we will submit it to Kerry McGrath as required. In 2000, did your city or county take official action or actions that impacted or will impact historic properties? please provide a list of those actions and the dates when they were approved or undertaken. From January through November, 2000, the HPC conducted 34 design reviews. Nine design reviews are pending for December, 2000. Did your city, county, LUD or its historic preservation commission undertake any of the following activities in 2000? if so, please list and describe: a. Historic preservation planning: Yes, as part of the update of the Historic Preservation Ordinance. Provide technical assistance on historic preservation issues or projects: Yes, through contact with citizens, contractors and other City staff. Undertake any educational programming on historic preservation? Yes, an educational workshop was held in February 2000. During 2000, did the historic preservation commission provide comment or review as part of the SECTION 106 review process? If so, please list the projects reviewed and the comment that was offered by the commission: America's River Project, Ice Harbor: HPC approved. 2000 Certified Local Government Annual Report City of Dubuque, Iowa 20. 22. 23. 24. Does your city, county or/and use district have a local review process for proposed development in specially zoned areas, e.g. "sensitive areas" or ~A-2" districts? If so, p/ease answer the following: N/A P/ease prepare and attach a work plan that lists the city. county, or LUD's historic preservation goals and activities for 2000. See Attachment In 2000, did your city p/ace additional properties (individual or districts) on its list of locally designated historic sites, landmarks and/or historic districts? If you have not provided the State with the designation form(s) and ordinance(s), please attach copies of each designation form and ordinance. No If there was a request to de-list a designated property, please provide documentation of the review and appeal process by Commission, City Council and District Court. One request was filed but it was withdrawn. If new or revised design standards and/or guidelines were developed and adopted during 2000, please attach a copy. At this time, no new or revised design standards and/or guidelines have been developed and adopted in 2000. If the city or county has a design review process for alterations, changes and/or demolition of locally designated properties, p/ease attach copies of ail notifications, certificates that were sent to applicants informing them of the Commission's decisions on their applications. If the Notification and Certificate do not describe the proposed alteration, change of demolition, please submit copies of the applications. Please see attached notices of decision for January through 2000 Certified Local Government Annual Report City of Dubuque, Iowa November, 2000. If Commission's decision on an application was appealed. please submit documentation of the appeal process and the decisions made by City Council and District Court. Please see attached case files for B Et W Properties, 623-627 Arlington Street, and for American Trust and Saving Bank. 901 Locust Street. C~~pared by: Name Date Complete the following information regarding design review activity by the Historic District or Historic Preservation commission between January' 1. 2000 and December 31. 2000. Delisting of Locally Request Request for Designated for New Request for Total Properties Alterations Construction Demolition Number Number of Applications I 51 10 2 64 Received Number of applications 30 30 Reviewed only by Staff Number of Applications I 21 10 2 34 Reviewed by Commission Number of Applications 18 8 I 27 Approved Number of Applications 3 3 Denied Number of Applications I 1 2 Withdrawn Number of Applications I 3 2 I 7 Tabled Number of Current 9 9 A~oplications Number of Denied 4 4 Applications appealed to City Council Number of Denied 3 3 Applications that were upheld by City Council Number of Properties 6 48 10 2 66 covered by the applications CLG Annual Report prepared by: Name Date Return the two completed annual report forms (original and one copy) postmarked by December 15, 2000 to: Kerry C. McGrath, Local Governments Coordinator State Historical Society of Iowa New Historical building 600 East Locust Des Moines, IA 50319-0290 o~ oo~ 1.1.1 C 0 0 HISTORIC PRESERVATION COMMISSION COMMISSION WORK ADDRESS BUSINESS/ MEMBERS DISTRICT HOME ADDRESS HOME TERM PHONE Terry Mozena, Chair Langworthy American Eagle 582-2707 7/01/02 1036 W. 3rd St. 584-0282 Ken Kdngle, Vice Cathedral 156 Bluff Street 588-1055 7/01/03 Chair Chris Wand At Large IIW Engineers 556-2464 7/01/02 (Architect) 940 Mt. Pleasant 583-9287 Suzanne Guinn Jackson Park McGraw Hill 267 W. 17th Street 589-4733 583-2592 7/01/01 Jim Gibbs At-Large Remax Realty 588-3078 1037 Kirkwood St. 556-4255 7/01/03 Pam Bradford West 11th St. 1245 Highland 583-6741 7/01/01 Place Audrey Henson Old Main 200 Main St. - #801 583-4614 7/01/02 STATE HISTORICAL DEPARTMENT Bureau of Comm unity Affairs State Historical Society, Dept. of Cultural Aflaim Kerry McGrath, Local Governments Coordinator State Historical Society of Iowa Historical Building 60O E. Locust Street Des Moines, IA 50319 (515) 281-6826 (515) 282-0502 PLANNING SERVICES DEPARTMENT City Hall - 50 W. 13th Street Dubuque, IA 52001-4845 Guy Hemenway, HPC Staff Liaison (319) 589-4210 FAX: (319) 589-4221 November 8, 2000 F:~USERS'~IELINDA\WP',HPC',HPCTABLE.DOC HISTORIC PRESERVATION ORDINANCE TASK FORCE AFFILIATION NAME ADDRESS PHONE Historic Preservation Terry Mozena 1036 W. 3rd St. 582-2707 (work) Commission (Chairperson) 584-0282 (home) Historic Preservation S~nne Guinn 267 W. 17th SL 589-4733 (work) Commission (~F~ce Chairperson) 583-2592 (home) Historic Preservation Pam Bradford 1245 Highland Place 583-6741 (home) Commission Historic Preservation Jim Gibbs 1037 Kirkwood St. 556~255 (home) Commission 588-3078 (work) Historic District Peter Eck 440 Loras Boulevard 557-2462 (wo~) ' 582-3182 (home) Historic District Gail Naughton 1655 Main Street 556-4265 (home) Historic Dist~ct Cheryl Whalen 1105 Highland Place 557-1208 (home) 588-2334 (work) Contractor Joe Ungs 486 Clarke Drive 583-2003 (home) Contractor John Gronen 1766 Plymouth Court 583-5815 (home) Four Mounds 557-7292 (work) Dubuque County Regina Thibeau 530 Sunset Ridge 556-9246 (home) Historical Society Dubuque Main Street, Chris Wand (IIW 4155 Pennsylvania 556-2464 (work) Ltd. Engineers & Surveyors) Board of Realtors Jim Gross 1155 Grove Terrace 582-2800 (home) City of Dubuque Laura Carstens, Manager Planning Services 589-4210 (work) City of Dubuque Mark Noble, Assistant " 589-4210 (work) Planner Cit'), of Dubuque [ Para Myhre, Associate Community & Ecom 589-4393 (work) Planner Development City of Dubuque Makela Mangrich, Planning Services 589-4210 (work) Planning Intern City of Dubuque Tim O'Brien, Assistant Legal Depa~b~.mt 556-8552 (work) City Affomey August, 2000 CITY OF DUBUQUE, IOWA .- BOARD/COMMISSION APPLICATION Individuals serving on Boa and Commissions play an important role in advising the C ~o~0~ on matters of interest to our community and its future. .~ _~ ~ ~T~ The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at ~ny tii, and that application stays active for one year from the date of receipt in the Clerk's Offic 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 ap..poin.ted, at that tin~.: this application will continue to be resubmitted, active (unless the appbcant advises they are no longer interested). . as needed, as long as the application is DATE: 27 June '00 ADVISORY BOARD/COMMISSION APPLYING FOR: Historic Preservation Commission NAA4~ Christopher j. Wand ADDRESS: 940 Mt. Pleasant St., Dubuque, IA 52001 BUSINESS: IIW Engineers & Surveyors ADDRESS: 4155 Pennsylvania Ave., Dubuque, IA 52002 OCCUPATION: Architect POSITION WITH COMPANY: Project Manager HOME PHONE:. (319) 583-9287 BUSINESS PHONE: . (319) 556-2464 EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ C(~issION: Bach__~elor of Architecture De tee Iowa State Universit , 1991 Draftfman/Desigmer; Allen & Urbain Architect__&& Construction Managers ~November 1996 Project M~mager/Designer, IIW Engineers & Surveyors, P.C. Nov. 1996 to Prese WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS AD~ISO D--~-OR STA FOR APPLYING) With tr~iuin RY BOAR TE REASON as an architect, I feel I can contribute ex__pertise in design and construction. I am also active in the co,unity with such organizations as -~-- the Dubuque Jaycee's and Dubuque Mainstreet Limited. UST TWO REFERENCES: '--------'-- Dubuque Mainstreet Limited NAME:. Dan LoBianco AODRESS:_ 909 Main St., Suite 22LL, Fischer Btdg, Dub IIW Engineers and Surveyors, P.C. NAME: Dennis Waugh ADDRESS: 4155 Pennsylvania Ave., Dubuque, IA 520u2 S .~ific attention should be directed to ---~'Lle c--" .... ar'--- ~ *' - pu-oaru onnlc~ o~ inter ~ ee~, comact me appropr,ate Staff personnel or Legal Staff. For further clarification, if a situation · Are you currently serving on a City Board or Commission: No If questions, contact the City Clerk's Office, Cdy Hall, 13th & Central, Dubuque, IA S2001 Phone: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LiST AFTER A ONE YEAR PERIOD. SIGNATURE Individuals serving on Boards and Commissions play an important role in advising the Council 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 dat_e, of receipt in the Clerk's Offic,. 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). BUSINESS: f~:~ ADDRESS:.. ~-~O ADDRESS: OCCUPATION: ~'~...-~¢~ ~ POSITION WITH COMPANY: HOME PHONE: 5~.~ ~ ~1 ~ BUSINESS PHONE: -- EXPERIENCE, ED,~UCATIO~] AND TRAINING WHICH YOU FEEL QUAL COMMISS~ON:~~_¥~A' C~.,~. ~'_ ~ . .__ LFY_¥~U FOR TH~S BOARD! . WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS A. DVISORY BOARD (OR STATE . LIST TWO REFERENCES- -- ' cl'r~,-,a,~ ~ ~-,,:, hv~. Specific attention should he directed to possible conill_ct of interest. For further clarification, if a sit~ati~n 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: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. SIGNATURE ~ O.C "' 8 E O-> E cee ~ ..u z~ ~5.,- 8 ~ ~c '~'Z ~ ~0 mz~8 ' z Z~ ~ m 0~$~ ~ N ~ o 0 ~ e 0 o oo,~ ~ 8~ Z Om 0 0  ~0 . ~Z ~ · ~z~ ~c~ ~ o ~zm ~ mc -- m '~ ~ ~ Z ~ ~m mm m °~ §o Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-48~4 Phone (319) 5892210 Fax (319) 589~,221 December 12, 2000 The Honorable Mayorand City Council Members City of Dubuque City Hall- 50W. 13thStreet Dubuque ~A 52001 RE: Plat of Survey - Lot i of i and Lot 2 of 1 of Jaeger Heights No. 3 2170 Jaeger Drive William Frye 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 spoke in favor of the request, stating that lot split would provide larger yards for himself and his neighbor, Mr. Ughtfoot. Staff reviewed 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. 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 sUII 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. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request with the condition that a single-family home cannot be built on either Lot i of I of Lot 2 of 1 3aeger Heights Subdivision No. 3. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted Eugene"Bird, 2r., Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Planning Services Divi~ion City Hall. lSth & Cen[ral Avenue Dubuque. Iowa 52001 131°) 589-4210 PLANNING APPLICATION FORM Zoning Board of Adjustment Zoning Commission D_evelopment Services Variance Conditional Use Permit Appeal Special Exception Umlted e~+ ~,b~...k Waiver Rezoning Planned District Preliminary Plat Minor Final Plat Text/Plan Amendment Simple Site Plan Minor Site Plan Major Site Plan Major Final Plat PLEASE TYPE Propedy Owner(s): Will Jam F~¥e Address: 2170 Jaeger Drive Applicant/Agent: Sarre Address: Site Location/Address: OR PRINT LEGIBLY IN INK Telephone:_ .SR.'~_lSpg City: Dubuque State: _Iowa Telephone:. State: _ C~: along the east side of Jaeger Drive Zip: 52003 Zip: __ Existing Zoning: R-2 Proposed Zoning: R-2 Legal Description (metes and bounds, or lot number/block number/subdivision): _. Lot ... 1 of 1 & 2 of 1, a d?slon of Lot 1 of Ja er Hel Subdivision Nb. 3 in the Cit of Dubu ue Total Property (lot) Area (Sq. Feet or. Acres): 10016 · -- Number of lots. Des, cr!b.e ~Proposal and reason necessary (affach letter of .......... . L~.~_.. 1S bO small to build an hin ' . . ~.~unaTlon if needed): -- nei hbors to e~ li w_~ 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 a public record; 2) Fees are not refundable and payment does not guarantee approval; and 3) All additloral~~hic materials are attached. Property Owner(s): ~ APpJicant/Agent: -~__._.~ -- Date: ~ Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee:__ . ' Neceived by: ~¢~}¢~¢c-¢/~---- Date: ~///~/~ Docket: Prope~ Owne~ip ~: ~e Plan: _. Flor Plan: ~ PI~:_ Conceptual Development Ran: Improvement Ra~: Othe~ CITY OF DUBUQUE, IOWA MEMORANDUM November 22, 2000 TO: FROM: SUB.1ECT: Zoning Advisory Commission Kyle L. Kritz, Associate Planner ~.~ Plat of Survey of Lot I of i and 2 of 1, a Division of Lot 1 of.laeger Heights Subdivision No. 3 INTRODUCTION The applicant, William Frey, has submitted a plat of survey that splits an existing lot in .laeger Heights Subdivision into two. Mr. Frey will own Lot 2 of I and his neighbor, Mike Lightfoot, will own the other lot. The Zoning Advisory Commission is reviewing this plat of survey as the two lots created do not have suffident lot frontage or lot area as per the R-! Single-family Residential district standards. The Zoning Ordinance requires 6,000 square feet of lot area and 60 feet of lot frontage. The two lots will both have 5,008 square feet of lot area and approximately 30 feet of lot frontage. The applicant has indicated the purpose of the split is to provide each of the adjacent lot owners a larger yard, and there are no plans to build additional housing units. ACTION STEP Planning staff recommends the Zoning Advisory Commission review the submitted plat of survey and make a recommendation to the City Council. KLK/mkr Enclosures PREPARED E~¥: BUE$1NG & ASSOCIATES AQDRE$S: 1212 LOCUST STREET, DUBUQUE. IOWA PHONE: (319}5564389 PLAT OF SURVEY OF LOT 1 OF 1 AND 2 OF 1 A DIVISION OF LOT 1 OF JAEGER HEIGHTS SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA CURVE DATA LOT 2 JAEGER HEIGHTS SUB. NO. 3 LOT 2 OF 1 LOT 1 OF 1 LOT 1, BLOCK 3 '~- JAEGER HEIGHTS .'~ LOTS 1-17 SUB, NO, 2 - ~ JAEGER HEIGHTS LfiG~D SHEET TITLE I PROJECT I NO. 0D172 15 30 I INCH = 30 FEET Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13t~ St. Telephone: 589-4210 RESOLU'r~ON NO. -00 RESOLUTt'ON APPROV]ZNG THE PLAT OF SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1~ A DI~St'ON OF LOT 1 OF 3AEGER HEt'GHTS SUBDI~/S[ON NO. 3~ ~N THE CI'TY OF DUBU~UE~ I'OWA Whereas, there has been filed with the City Clerk the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, a Division of Lot I of Jaeger Heights Subdivision, No. 3, in the City of Dubuque, Zowa; and Whereas, said plat of survey provides 31.13 feet of frontage and 5,008 square feet of lot area for Lot 1 of i and 28.98 feet of frontage and 5,008 square feet of lot area for Lot 2 of 1, where 60 feet of frontage and 6,000 square feet of lot area are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission its approval endorsed thereon subject to prohibiting the construction of a single-family home on either Lot 1 of I or Lot 2 of 1, and Whereas, said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot i of i to have 31.13 feet of frontage and 5,008 square feet of lot area, and Lot 2 of I to have 28.98 feet of frontage and 5,008 square feet of lot area, where 60 feet of frontage and 6,000 square feet of lot area are required. Section 2. That approval of this plat of survey of Lot i of i and Lot 2 of 1, a division of Lot 1 of Jaeger Heights Subdivision No. 3 is subject to prohibiting the construction of a single-family home on either Lot i of I or Lot 2 of 1, and that said prohibition is noted on the plat of survey. Section 3. That the plat of survey of Lot 1 of 1 and 2 of 1, a division of Lot i of Jaeger Heights Subdivision No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat of survey. Resolution No. - O0 Page 2 Passed, approved and adopted this day of ,2000. Attesb Terrance M. Duggan, Mayor Jeanne F, Schneider, City Clerk F:\USERS\MELIN DA\WP\COUNC[L\RES~)AEGERHT. EES ACCEPTANCE OF RESOLUTION NO. -00 We, William Frye and Mike Lightfoot, the undersigned, having mad the terms and conditions of the Resolution No. -00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of ,2000, By Mike Lightfoot By William Frye CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Grant Application for Recreational Trails Funds Planning Services Manager Laura Carstens is recommending approval of the attached Resolution authorizing submission of the Recreational Trails grant to the IDOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park. I concur with the recommendation and respectfully request Mayor and City Council approval. M' e C. Van Milligen ~ MCVM/jh Attachment CCl Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City' Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM December12,2000 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager SUBJECT: Grant Application for Recreational Trails Funds INTRODUCTION This memo transmits for City Council approval the submission of a grant application to the Iowa Department of Transportation (IDOT) for Recreational Trails Funds for the extension of Heritage Trail from Heron Pond to Pyatigorsk Park. A map, project budget, and resolution are ~'~ached for City Council consideration. DISCUSSION The project would link two existing components of the Heritage Trail Riverfront System: the Heron Pond Wetlands Nature Trail and the Dubuque Jaycees Trail (formerly the Northem Levee Path). The grant would provide a one-mile off-read extension from Heron Pond along the Ski Club road, Greyhound Park Road and the 16th Street bridge to Pyatigorsk Park. The Heron Pond Wetlands Nature Trail, completed this spdng, loops around Miller-Riverview Park and Heron Pond, ending at the back of the Greyhound Park. The segment along the Ski Club read was included as a bid alternate for the Heron Pond Wetlands Nature Trail last year. This alternate was not accepted because the City did not have sufficient funding. The Dubuque Jaycees Trail is scheduled for bidding and construction in 2001. The City has a Recreational Trails grant to widen this existing pathway atop the levee along Peosta Channel. Pyatigorsk Park is scheduled for construction in Fiscal Year 2003. The City has $178,000 in DRA distribution funds budgeted for development of this park, which also will serve as a trail head for the Heritage Trail Riverfront System. The City has an ISTEA grant to install trail signs along Admiral Sheehy Drive, Greyhound Park Road and 'J6m Street. This signed trail would link with the proposed project. Together, the two Recreational Trails Grant Application page 2 projects will provide both on-street and off-road trail routes to the recreational amenities on Schmitt Island. Engineering staff are working with IDOT to determine the estimated costs to relocate the sidewalk on the 16th Street bridge from the south side to the north side of the bridge, and extend an off-road trail to the parking lot along Greyhound Park Road. The relocated sidewalk and new off-road trail would provide a direct, off-road link from the proposed trail to Pyatigorsk Park at 16th Street and Kerper Blvd. With paving of the Ski Club road as a trail, access to the Ski Club would be shifted from Greyhound Park Road to the northwest corner of the western parking lot for the Greyhound Park and Casino, near the wetlands. In addition, improvements to this western parking lot would be made to accommodate trail users and Ski Club members. These project design elements were reviewed with the Dubuque Ski Club and the Dubuque Greyhound Park and Casino last year. Both groups found them acceptable. The Ski Club entrance would be reduced in length, and the underutilized parking lot would be improved near the trail. BUDGET IMPACT The total costs for the Hedtage Trail Extension from Heron Pond to Pyatigorsk Park are estimated to be $671,177. The requested grant amount is $493,177. IDOT requires a 25% local match. The $178,000 in DRA Distribution funds budgeted in FY2003 for Pyatigorsk Park. With the time frame for the grant award, execution of a grant agreement, and selection of an engineering consultant, the FY2003 budget is appropriate. I have reviewed this project with Administrative Services Manager Pauline Joyce, because Pyafigorsk Park is included in the Vision Iowa application. We feel that the City should apply for this IDOT grant at this time, in the event that the Vision Iowa grant is less than requested. The IDOTsubmittal deadline is January 2"~ for the January, 2001 grant round of the Recreational Trails Fund. RECOMMENDATION Staff recommends that the City Council approve the attached resolution authorizing submission of the Recreational Trails grant to the IDOT for funding of the extension of Heritage Trail from Heron Pond to Pyafigorsk Park. Attachments cc Pauline Joyce; Administrative Services Manager F:~users~LSesterh~heronpond_rectraiL doc Prepared by: Laura Carstens, City Planner Address: Ci Hall 50 W. 13th St Telephone: 589-4210 RESOLUTZON NO. ~-00 RESOLUTZON AUTHOR~Zt*NG A GRANT APPU'CATt'ON FOR t'OWA DEPARTMENT OF TRANSPORTATt'ON RECREATIONAL TRAt'LS FUNDS FOR THE HERI'I'AGE TRA:[L EXTENS~[ON PRO3ECT: HERON POND TO PYA'I'[GORSK PARK Whereas, the Iowa Department of Transportation has Recreational Trails funds available to develop City recreational trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Hedtage Trail Master Plan that includes the Heritage Trail Extension. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CI-I'Y OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is here by authorized to sign and submit this application for Recreational Trails funds to the :[DOT for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the trail for its intended use and maintain the total trail used to .iustify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk llowa Department of Transportation REQUEST FOR TRAILS FUNDS General Information Applicant Agency: City of Dubuque Contact (Name & Title): Laura Carsten s, P 1 ann i nq Services Manaqer Complete Mailing Address: City Hal 1, 50 W. 13th Street Dubuque IA 52001-4864 (319) 589-4210 If more than one agency or organization is involved in this project, please state the name, contact person, mailing address, and telephone number of the second agency. (Attach an additionalpage if more than two agencies are involved.) Agency: N/A Contact (Name & Title): Complete Mailing Address: Project Title: Heritage Trail Extension: Heron Pond to Pyatigorsk Park Project Description: (includinglength):This pro,iect will provide a 1 mile paved off road link between components of the Heritage Trail Riverfront System: ~he Heron ,Popd Wetlan, d Nature Trail and the Dubuque Jaycees Trail (formerly the Northern Levee Path). The trail will also connect with Pyati§orsk Park~ a trailhead for the Heritage Trail. Economic Impact Information Type of Project: [] Acquisition - Number of Acres ' ~ Development [] Combination - Number of Acres Type of Proposal: [] Grant [] Loan [] Combination If this application is for a loan or a combination loan/grant, please state the proposed repayment terms. Include amount of principal to be repaid, proposed interest rate, length of repayment, etc. N/A -1- Project Costs (An itemized breakdown must be included on an attached sheet): Total Cost $ 671,177 Trails Fund Amount $ 493,177 Applicant Fund $178,000 Other Sources (Specify below) $. 0 Source Amount Assured or Anticipated City of Dubuque $178,000 Assured Are any state funds invo ved in this project? ~ Yes ~ No If yes, please explain the source and conditions Are any federal funds involved in this project? If yes, please explain the source and conditions [] Yes [] No Estimated Project Development Schedule: Start October, 2001 Completion November, 2001 Has any part of this trail project been started? [] Yes [] No Ifyes, explain While no part of the trail project ha~ been started, the project Will link two segments of the Heritage Trail Riverfront System. Do you intend to charge a fee to trail users? If yes, how much? $_ What will it be used for?. DYes '~] No -2- Documentation and Narrative Information The following documents and narratives must be attached to this application. In the upper right-hand comer of each document or narrative write the corresponding letter shown below. [] A. A NARRATIVE assessing existing conditions, outlining the concept of the proposed project, and providing adequate project justification. The narrative must show that the concept is reasonable from a transportation engineering and/or recreational standpoint and is part of an area wide, local, regional, or statewide plan. ~] B. A MAP identifying the location of the trail project. ~]i C. A CROSS-SECTION of the proposed trail project. [] D. A SKETCH-PLAN of the trail project. :J~l~l E. An ITEMIZED BREAKDOWN of the total trail project costs. [] F. ATIME SCHEDULE for the total trail development. ~ G. An OFFICIAL ENDORSEMENT of the trail proposal from the authority to be responsible for the maintenance and operation. The authority must provide written assurance that it will adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. [] H. A NARRATIVE discussing the extent to which adjacent property owners have been informed of the proposed project and an assessment of their acceptance. The award of Recreational Traits funds; any subsequent letting of contracts for design, construction, reconstruction, improvement, or maintenance; or the furnishing of materials shall not involve direct or indirect interest, prohibited by Iowa Code Sections 314.2, 362.5 or 331.342, of any state, county, or city official, elective or appointive. Any award of Recreational Trail funding or any letting of a contract in violation of the foregoing provisions shall invalidate the award of Recreational Trails funding and authorize a complete recovery of any funds previously disbursed. Certification To the best of my knowledge and belief, all information included in this application is true and accurate, inctuding the commitment of all physical and financial resources. This application has been duly authorized by the participating local authority. I understand the attached OFFICIAL ENDORSEMENT(S) binds the participating local governments to assume responsibility for adequate maintenance of any new or improved trails. I understand that, although this information is sufficient to secure a commitment of funds, an executed contract between the applicant and the Department is required prior to the authorization of funds. Representing the Cit,y of Dubuque Laura Carstens, Planning Services Manager December 19~ 2000 -3- City of Dubuque E. Recreational Trails Fund -- itemized cost estimate Heritage Trail Extension: Heron Pond Wetlands to Pyatigorsk Park Project Component: Trail along Ski Club road No. Item Quantity Unit Unit Cost Total Cost Staking I LS $4,650.00 $4,650 Relocate Ski Club sign I LS $800.00 $800 Clearing and Grubbing I LS (;2,700.00 (;2,700 Earthwork 1 LS (; 12,200.00 (; 12,200 Asphalt surface course, 2" 623 TON (;39.00 (;24,297 Stone base 2,400 TON (;14.00 (;33,600 Centerline striping 2,773 LF (;0.25 (;693 Rebuild fence barriers 1 EA $1,650.00 $1,650 Trail signs 8 EA (;72.00 (;576 Pavilion 1 LS (; 10,000.00 $10,000 Parking Lot Improvements I LS (;10,000.00 (;10,000 Subtotal $101,166 Project Component: Trail along Greyhound Park Road No. Item Quantity Unit Unit Cost Total Cost 12 Embankment 3,500 CY $10.00 13 Asphalt surface course, 2" 319 TON (;39.00 $12,441 14 Asphalt binder course 399 TON (;33.00 (;13,167 15 Concrete Curb and Gutter -remove and replace 20 LF (; 18.00 (;360 16 Stone base under curb 6" 754 TON (;14.00 (;10,557 17 Centerline striping 1,809 LF (;0.25 (;452 18 Seeding 2,412 SY (;3.00 (;7,236 19 Trail signs 4 EA (;72.00 (;288 20 Traffic Control 1 LS (;3,618.00 (;3,618 Subtotal (;83,120 Heritage Trail Extension: Heron Pond Wetlands to Pyatigorsk Park Project Component: Pyatigorsk Park trail head No. Item Quantity Units Unit Cost Total Cost 21 Clearing and Grubbing 5 EA $275.00 $1,375 22 Excavation 5,070 CY $11.00 (;55,770 23 Backfill Limestone 50 TON (;9.00 (;450 24 Backfill Topsoil 640 TON (;22.00 (;14,080 25 Graded Stone base 610 TON (;14.00 (;8,540 26 Bedding Stone, clean z~ TON (;22.00 (;88 27 Asphalt leveling course 165 TON (;33.00 (;5,445 28 Asphalt surface course, 2" 165 TON (;39.00 (;6,435 a Concrete Curb & Gutter b -- placement 540 LF (;13.00 (;7,020 29 -- remove and replace 66 LF (;18.00 (;1,188 30 Concrete Driveway 30 SY (;30.00 (;900 31 Concrete Sidewalk 5,950 SF (;5.00 (;29,750 32 Concrete Handicapped Ramp 45 SF (;5.00 (;225 33 Removal of Driveway 122 SY (;0.50 (;61 34 RCP Storm Sewer, 15" 56 LF (;25.00 (;1,400 35 Storm Sewer Intake 2 EA (;1,210.00 (;2,420 36 Pavement Marking 403 LF (;0.50 (;202 37 Remove/Replace Loop Detector 3 EA (;385.00 (;1,155 38 Traffic Control I LS (; 1,650.00 (;1,650 39 Cobblestone Pavement 290 SY (;33.00 (;9,570 40 Decorative Fence 80 LF (;50.00 (;4,000 41 Decorative Stone Border 210 LF (;5.00 (;1,050 42 Seeding, Fertilizing, Mulching 3,500 SY (;3.00 (;10,500 43 Shade Trees 10 EA (;600.00 (;6,000 44 Shrubs & Groundcover 60 EA (;35.00 (;2,100 45 Benches ~ EA (;1,500.00 (;6,000 46 Litter Receptacles 4 EA (;800.00 (;3,200 47 Picnic Tables 4 EA (;2,000.00 (;8,000 48 Wayfinding Trail Sign I EA (;1,200.00 (;I ,200 49 Interpretive Sign 1 EA (;1,100.00 (;1,100 50 Bike Loops 12 EA (; 120.00 (; 1,440 Subtotal (; 192,314 Heritage Trail Extension: Heron Pond Wetlands to Pyatigorsk Park Project Component: Realign Trail along North Side of 16th St. Bridge No. Item Quantity Unit Unit Cost Total Cost 51 Remove old pavement 462 SY $4.00 (;1,848 52 Concrete Pavement, 9" 462 SY (;45.00 $20,790 53 Granular Stone subbase 155 TON (;14.00 (;2,170 54 Crushed Stone 464 TON (;8.00 (;3,712 55 Excavation 145 CY $8.00 (; 1,163 56 Remove/Relocate fence & barrier I LS (; 10,000.00 $10,000 57 Realign Lanes 1 LS (;40;000.00 (;40,000 58 Traffic Control I LS $5,000.00 $5,000 59 Handicapped Ramp 1 EA (;800.00 $800 60 Seeding 170 SY (;3.00 (;510 61 Trail Signs 4 EA (;72.00 $288 Subtotal Total Construction Estimate (;86,281 $462,881 10% Mobilization (;46,288 25% Engineering/Construction Mgmt (;I 15,720 15% Contingency (;46,288 Total Project Cost Estimate (;671,177 27% City Funds $178,000 73% IDOT grantrequest (;493,177 Heritage Trail Extension: Heron Pond to Pyatigorsk Park Heron Pond Wetlands Nature Trail Dubuque Jaycees Trail (Northern Levee Path) Grant Proposal Heritage Trail (Class Ill - signs only) N CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 2000 Asphalt Paving Project - Fiscal Year 2001 Public Works Director Mike Koch is recommending adoption of the final resolutions accepting the construction contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 in the amount of $476,674.64. 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 December 12, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael ^. Koch, Public Works Director 2000 Asphalt Paving Project - Fiscal Year 2001 INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the 2000 Asphalt Paving Project - Fiscal Year 2001. DISCUSSION Work has been completed on the project by River City Paving (A Division of Mathy) of Kieler, Wisconsin, in the final contract amount of $476,674.64. The increase in contract cost was due to the addition of the Ruby Street overlay, which was needed after grade changes on the Jackson Street Reconstruction Project, the paving of the additional parking spaces of the Airport parking lot, and the complete removal of existing surface and base at Center Place, which was not originally anticipated. When the pavement was removed, the base was found to be extremely poor and needed replacement. Asphalt resurfacing proiects: 1) Center Place, from University Avenue to Rose Street. 2) North Main, from Kaufmann Avenue to east end. 3) Miller Riverview Park roadway. 4) Ruby Street, from Jackson to Central. Parking lot proiects: 1) Flora Park ice rink/parking lot. 2) Flora Park north parking lot at Woodbridge Lane. 3) Bergfeld recreational area parking lot at the Westside Industrial Park. 4) Iowa Street parking lot, from 9th Street to lOth Street. 5) Parking lot, from 4th to 5th, between Central and White Street. 6) Airport lot, expansion of parking lot in front of University of Dubuque Flight School. Street maintenance: Iowa Street joint repair, from 9th to lOth Street. · Trail: Asphalt pavin§ of the south portion of Heron Pond Wetlands Nature Trail. Miscellaneous: Guardrail along airport entrance road. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at 8476,674.64. BUDGET IMPACT A summary of the project is as follows: Construction Contract Contingency Inspection Total Project Cost The project will be funded as follows: Bid Final 8325,975.45 8476,674.64 33,068.71 0 36,375.58 23,833.73 8395,419.74 8500,508.37 Bid Final Street Projects Flora Park ice Rink/ Parking Lot Flora Park North Parking Lot Miller Riverview Park Heron Pond Wetland Nature Trail iowa Street Parking Lot Bergfeld Recreational Parking Lot Parking Lot - 4th/ Central/White Airport Entrance Guardrail Airport Parking Lot Road Use Tax Fund Sales Tax Fund General Fund DRA Distribution General Fund Parking Construction Fund DRA Distribution General/Parking Construction Funds General Fund General Fund 168,264.91 11,413.36 6,442.89 60,115.15 14,464.91 14,891.89 31,207.11 65,981.73 22,637.79 0 ~)259,146.70 13,321.38 5,754.05 59,656.95 19,937.58 16,723.25 29,215.91 51,030.34 16,847.68 28,874.53 Total Project Funding 8395,419.74 8500,508.37 The Fiscal Year 2001 appropriation for the annual street program is 82,880,994.00, which is funded through the 1% Local Option Sales Tax Fund, Road Use Fund, and Street Construction Funds. The recommended Year 2000 Asphalt Paving Project, as outlined, will require 9259,146.70 in City funds; and, in addition, the PCC Paving Project - No. 1 and PCC Paving Project - No. 2 will require 91,528,427.20 in City Funds. The White Street Reconstruction Project from 21st Street to 32nd Street will also be funded under the Fiscal Year 2001 appropriation, leav!ng a balance of 91,093,421 for this project. The individual projects for the various other City projects will be funded by their respective budgets. ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement and establishing the final contract amount. MAK/vjd Prepared by Michael Felderman, City Engineer RESOLUTION NO. -00 ACCEPTING IMPROVEMENT Whereas, the contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 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 ofthe 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 Road Use Tax Funds, the Sales Tax Fund, the General Fund, the DRA Distribution, and the Parking Construction Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 FINAL ESTIMATE Whereas, the contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 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 $500,508.37 and the said amount shall be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the DRA Distribution, and the Parking Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this day of .,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk City of Dubuque CY Ton Ton Ton Ton SY LS L$ LF LS L$ LS L$ LS LS LF $7.43 3447.42 $25,614.33 $4.65 721.69 $3,355.86 $1594 202.4 $3,226.26 $10.25 309209 $31,69392 $973 38177 53,714 62 $8.60 1 I38.03 $9,78706 $9.50 113.65 51,079.68 $2.00 2345 $469.00 $125 1900 $2,37500 $146 10029.35 $14,642 85 $2600 16635 $4,32510 $150 00 2546 $3,81900 $3471 531.99 $18,46537 CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager William M. Black Steamboat Restoration Project - Phase I Public Works Director Mike Koch is recommending City Council accepttmce of the construction contract for the William M. Black Steamboat Restoration Phase I - Fire Protection and Water Main Extension Project in the amount of $79,448.65. 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: December 12, 2000 Michael C. Van Milligen, City Manager Koch, Public Works Director Michael A. William M. Black Steamboat Restoration Project -Phase I INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the William M. Black Steamboat Restoration Phase I - Fire Protection and Water Main Extension Project. BACKGROUND The Dubuque County Historical Society (DCHS) and the City as the local sponsor, secured an ISTEA Transportation Enhancement Grant awarded by the Iowa Department of Transportation (Iowa DOT) for the William M. Black Steamboat Restoration Project. Due to the initial scope of restoration work and the estimated construction cost associated with the Steamboat project, the Iowa DOT grant required the project be bid through the State letting. In August of 1998, the Steamboat Restoration Project was bid as a single construction contract. Two bids were received for the project, Both were significantly over budget and were rejected. Through discussions with Iowa DOT, DCHS and City staff, it was determined that the project would be more efficiently managed and would have more local participation if the project could be bid locally through the City Of Dubuque. To achieve this, the Steamboat Restoration was separated into three (3) individual projects, Phase I - Fire Protection and Water Main Extension, Phase II - Hurricane Deck Roofing and Phase III - Hold Lead Abatement and Surface Encapsulation. DISCUSSION The William M. Black Steamboat RestOration Phase I - Fire Protection and Water Main Extension Project consisted of extending the water main from the adjacent museum parking lot to the Steamboat thus allowing the installation of a fire protection-sprinkler system to comply with fire code regulations. Phase I work has been completed on the project by Tri-State Automatic Sprinkler Corporation of Davenport, Iowa, in the final contract amount of $79,448.65, which is a 33% increase from the original contract in the amount of $59,675.15. The reason for the increase in contract cost resulted from several change orders to the original project scope of work to comply with an interpretation of current fire sprinkler system code regulations as applicable to the historic steamboat. The sprinkler system was required to include a reduced pressure backflow valve and Fire Department connection, which was relocated from the steamboat to an on-shore above ground location. The on-shore supply connection was required to add a post indicator valve to the water service line with an external heated enclosure (referred as a "hot box"), to prevent the above ground valve/connections from freezing. To accommodate the fluctuating water elevation in the Ice Harbor, a flexible seismic hose was installed between the on-shore supply and the steamboat boat to accommodate a 10-foot water level variation. The sprinkler system was initially specified as a dry (seasonal) system, which was redesigned to now provide year- round fire protection with a wet system and a glycol additive to prevent freezing of the internal sprinkler pipes. The initial specified completion date for the Phase I contract with Tri-State Automatic Sprinkler, was November 1, 1999. As a result delays caused by changes to the scope of work and redesign, the contractor was granted an extension to the contract period, and substantially completed the project by the adjusted completion date of September 1, 2000. The above aformentioned changes to the original project scope of work added an additional $19,774 to the original contract amount, and were reviewed and authorized by the Dubuque County Historical Society, the City and the Iowa DOT. RECOMMENDATION I would recommend that the City Council accept the improvement and recommend that the final contract amount be established at $79,448.65. BUDGET IMPACT The Dubuque County Historical Society secured an ISTEA Transportation Enhancement Grant awarded by the Iowa Department of Transportation in the amount of $329,900.00 for the Steamboat Restoration Projects. The projects will be funded with 20% Dubuque County Historical Society in-kind contributions and 80% State/Federal funds up to the maximum grant amount. The City is the sponsor of the grant but will not have any funds contributed to the project. The project funding for the William M. Black Steamboat Restoration Phase I is as follows: ISTEA Transportation Enhancement Grant Estimate Bid Final 995,616.50 959,675.15 $79,448.65 The William M. Black Steamboat Restoration combined total of Phases I, II and III is approximately 9303,896, leaving a grant balance of 926,000. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the improvement and establishing the final contract amount. MAK/vjd Prepared by Robert D. Schiesl, Civil Engineer cc: Robert D.'Schiesl, Civil Engineer Pauline Joyce, Administrative Services Manager Jerry Enzler, Mississippi River Museum Mark Hantelmann, Mississippi River Museum Roger R. Walton, P.E., Local Systems Engineer, IDOT RESOLUTION NO. -00 ACCEPTING IMPROVEMENT Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant in amount equal to the amount of this contract. Passed, approved and adopted this day of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 FINAL ESTIMATE Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 $79,448.65 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this ~ day of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM December t3, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Miltigen, City Manager SUBJECT: North End Neighborhood Trail Project Public Works Director Mike Koch is recommending that the City Council accept the construction contract for the North End Neighborhood Trail Project in the amount of $492,989.56. 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 December 12, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Koch, Public Works Director ~'~/~/~_/ Michael A. North End Neighborhood Trail Project INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the North End Neighborhood Trail Project. DISCUSSION Work has been completed on the project by Tschiggfrie Excavating Co. in the final contract amount of $492,989.56. The project involved construction of a multi-use bike/hike trail from 32nd Street to 22® Street along the former railroad right-of-way in the Elm Street corridor. The 1.5-mile asphalt trail will range in width from 10 to 12 feet. The project also incorporated creation of a park with benches, litter receptacles and landscaping along the trail. Signs, bollards and sidewalks will be installed at'street intersections. A parking lot was constructed in the vicinity of 22nd and Elm. The Council originally awarded the project on the recommendation that the limestone was eliminated and the landscaping is reduced by $3,500 for a total decrease of $40,500. Additional funding was, however, made available in the next fiscal year (~)100,000) which allowed the original.planting and landscaping to be added back into the project. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at $492,989.56. BUDGET IMPACT A summary of the project is as follows: Bid Final Construction Contract Contingency Design/Engineering/Inspection Land Acquisition 9395,804.00 49,429.00 37,000.00 5,000.00 9492,989.56 .00 40,400,00 5,000.00 Total Project Cost 9487,233.00 9538,389.56 The Fiscal Year 1999 appropriation for the Heritage Trail is 9474,253.00. This is comprised of 9316,443 in General Funds and 9157,810 in grants. The North End Neighborhood Trail Project, as outlined, will require 9380,579.56 of local share, leaving an anticipated balance of 964,136.56 in the General Fund balance. ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement and establishing the final contract amount. MAK/vjd Prepared by Michael Felderman, City Engineer RESOLUTION NO. -00 ACCEPTING IMPROVEMENT Whereas, the contract for the North End Neighborhood Trail 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 ($538,389.56) in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO, -00 FINAL ESTIMATE Whereas, the contract for the North End Neighborhood Trail 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 $538,389.56 and the said amount shall be paid from the General Fund ($538,389.56) of the City of Dubuque, Iowa. Passed, approved and adopted this day of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Durrant 700 Locust Street Suite 942 RO. Box 509 Dubuque, IA 52004-0509 319 583-9131 Fax:319 557-9078 www. durrant,com A Part of The Durrant Group Inc. Architecture Engineering Construction Management Planning Interiors Dubuque, IA Madison, WI Eau Claire, WI Hartland, WI Denver, CO Colorado Springs, CO Phoenix, AZ Austin, TX San Antonio, TX St. Charles, IL Vancouver, B.C. Minneapolis, MN November 29, 2000 Mike Felderman Engineering Department City of Dubuque City Hall Dubuque, IA 52001 RE: North End Traii Dear Mr. Felderman: The North End Trail project is completed and the Durrant Group Inc. recommends the acceptance of this project by the City. If you have any questions, do not hesitate to contact us. Sinc~ Kevin J. Eippede, AIA Managing Principal cc: Mike Schutte, Tschiggfrie Rick Golus, Durrant :ag W:\97\97228,00\CORR\OWNER~Feiderman [tr 1 t-29q30.doc CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Kerper Court Paving and Utilities Public Works Director Mike Koch is recommending acceptance of the construction contract for the Kerper Court Paving and Utilities Project in the final contract amount of $640,476.08. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi~F~l~ge n~~ MCVM/jh Attachment CCi Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 12, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~"//~ Kerper Court Paving and Utilities INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the Kerper Court Paving and Utilities Project. DISCUSSION Work has been completed on the project by Tschiggfrie Excavating Co. in the final contract amount of $640,476.08. The project included the installation of storm sewer, sanitary sewer, watermain, along with lighting and street paving. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at $640,476.08. BUDGET IMPACT A summary of the project is as follows: Construction Contract Contingency Inspection Total Project Cost The project will be funded from the Bid Final $660,315.56 84,650.00 62,496.44 $640,476.08 .00 62,142.75 $807,462.00 $702,618.83 Water Fund ($115,223), Sewer Fund (950,659), and Road Use Tax Fund (~)536,736). ACTION TO BE TAKEN The City Council is requested to adopt the final improvement and establishing the final contract amount. MAK/vjd Prepared by Michael Felderman, City Engineer resolutions accepting the RESOLUTION NO. -00 ACCEPTING IMPROVEMENT Whereas, the contract for the Kerper Court Paving and Utilities 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 Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2000. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk RESOLUTION NO. -00 FINAL ESTIMATE Whereas, the contract for the Kerper Court Paving and Utilities 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 $702,618.83 and the said amount shall be paid from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) of the City of Dubuque, Iowa. Passed, approved and adopted this day of ,2000. A~e~: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Klauer Manufacturing Request for "No Parking" Public Works Director Mike Koch advises that Klauer Manufacturing has withdrawn their request to create no parking zones in the 26th and 27~ Street areas. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael/~l ~ ~ C. Van/ M~gen / MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Klauer Manufacturing Request for "No Parking" INTRODUCTION This is in response to an October 10, 2000 letter from Klauer Manufacturing to remove parking at several corners by which the semi-trucks are having difficulty in negotiating through the 26th and 27th Street areas. DISCUSSION. Their request was for the removal of parking from 6 AM to 6 PM Monday through Friday at portions of the following intersections: 1. South side, 26th Street at Central Avenue. 2. North side, 26th Street at Central Avenue. 3. South side, 26th Street at Elm Street. 4. North side, 26th Street at Elm Street. 5. South side, 27th Street at Central Avenue. 6. North side, 27th Street at Central Avenue. 7. North side, 27th Street at Elm Street. Upon receiving the request and recognizing the potential negative impacts to both residents and businesses in the area, the City sent notices of Klauer's request to the abutting property owners affected by the "No Parking" request. A sample letter is attached, together with maps showing all of the areas requested for parking removal. RECOMMENDATION The letters generated a significant amount of negative responses from both property owners and businesses in the affected areas. Upon reviewing the intensity of the objections received to the removal of parking, Klauer Manufacturing has withdrawn their request and will continue to make do with the current narrow trucking corridor that they have used for years. The petition of Klauer Manufacturing should, therefore, be received, noted as withdrawn, and filed. ACTION TO BE TAKEN The City Council is requested to receive and file the request for "No Parking" from Klauer Manufacturing. MAK/vjd cc: Klauer Manufacturing Residents Bill Schlickman, Traffic Engineering Assistant OOT-IO-O0 TIE 02:22 Pli KL~UF_R SNOGO ?~ NO. 21B58271~8 P, 02 ~ METN. I¥1NYL I~JILDfNG IA~ODUCTS * '~NOGO' ROTARY ENOW R~MOVF. RS Klauer MAN U FACTU ti NG COMPANY REQUEST TO RESTRICT PARKING ON 26TM & 27TM STREETS Klauer Mfg. is expanding its manufacturing at its 26th & Washington plant. This requires substantial semi-truck tr~P/~o into and out of the facility. Inbound trucks will 1~ coming into 262 Street to unload steel and outbound m~erial will I~ shipped fi:om 27m Street_ TNs requires trucks being able to tram off'of Ccntral onto 26m & 27°~ Strccts. Thcs~ streets are too narrow to turn on to without restr/cting parking on these streets. We've tlied to show in the drawings, the turning area needed for semi-trucks. We request the following from 6 A.I~L to 6 P.M. Monday thru Friday. 25 feet of No Pm-Icing Area on the south side of26~ Street at Central AvenUe and 100 feet on the north side of26~ Street, 100 feet of No Parking on the south side of 26m Strut near Elm and 50 Feet of No Parking on the north side. 25-feet of No Parking Area on the south side of 272 Street at Central Avenue and 100 feet on thc north side of27m Street. 100 feet of No Parking on the north side of27~' Street at Elm Street. Klauer Mtg. is widening the cm, b cut on 274 Street and moving its gate back at its own expense in an attempt to make more turning room also. V~ ,enb,qq~O Engiueering Division 50 West 13th Street Dubuque, Iowa 52001~64 (319) 5894270 (319) 589-4149 November 30, 2000 (Property Owner) (Street Address) Dubuque, IA 52001 Dear (Name of Property Owner): The City has received a petition from Klauer Manufacturing Company to restrict parking adjacent to your property for the purpose of providing adequate street width for semi-trucks to negotiate turns on the way to/from their plant at 26th and Washington, because of anticipated increased semi deliveries to their facilities in the near future. The petition requests that the parking restriction be effective between the hours of 6 a.m. and 6 p.m., Monday through Friday. The enclosed drawings show the amount of parking that needs to be removed to adequately accommodate these turns. As the owner of a property adjacent to one of the areas referred to in the petition, the City is asking for your comments concerning this request. Please submit your comments and/or concerns to the City Engineering Department by December 7, 2000. This issue will be presented to the City Council at their December 18, 2000 meeting for their consideration of the parking removal request together with any comments received from the affected residents and businesses. Sincerely, cc: Encs. Klauer Manufacturing Company Bill Schlickman Traffic Engineering Assistant Service People Integrity Responsibfllty Innovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Riverside Bowl, Inc. Lease Assignment Public Works Director Mike Koch is requesting adoption of the attached resolution approving the assignment o£the four City leases to Bowling and Beyond Dubuque, Incorporated. I concur with the recommendation and respectfully request Mayor and City Council approval. M~chael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director eo\~40 '5/ CITY OF DUBUQUE, IOWA MEMORANDUM December 12, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director~_~ Riverside Bowl, Inc. Lease Assignment INTRODUCTION This is in response to a December 8, 2000 request from Tim Martin of Riverside Bowl, Inc. to assign all their current leases with the City of Dubuque to Bowling and Beyond Dubuque, Incorporated, an Illinois corporation. DISCUSSION Riverside Bowl, Inc. is in the process of selling its leasehold interests in the real estate located at 1860 Hawthorne Street (known as Riverside Bowl), the cocktail lounge and the sand volleyball court, and assets of the seller to Bowling and Beyond Dubuque, Inc., owned by Mike Schmidt and Jim Jansen of Chicago, Illinois. The intent of Riverside Bowl, Inc. is to assign its four leases and to close the sale of the assets located on the property on December 27, 2000. Three of the existing leases have an expiration date of May 31, 2008, with an option to extend the lease for an additional 50 years through May 31, 2058. The fourth lease is a short-term lease executed in three-year increments, with a current expiration date of June 30, 2002. All four of the lease agreements have a provision that stipulates that the leases may be assigned, with all terms and conditions of the leases remaining in effect with the new purchaser. One of the four leases is currently assigned to Dubuque Bank & Trust Company; this assignment will be released by the bank on the date of the closing (December 27, 2000). RECOMMENDATION I would recommend that the City Council adopt the attached resolution approving the assignment of the four leases between the City of Dubuque and Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Incorporated, an Illinois corporation owned by Mike Schmidt and Jim Jansen of Chicago, Illinois. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution approving the assignment of the four City leases to Bowling and Beyond Dubuque, Incorporated, MAK/vjd RESOLUTION NO. -00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING & BEYOND DUBUQUE, INC. WHEREAS, Riverside Bowl, Inc. (Riverside) operates a bowling facility in Dubuque, Iowa, and Riverside and the City of Dubuque (City) entered into Leases of property owned by City on May 2, 1958, as amended June 19, 1973, April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are attached hereto; and WHEREAS, Riverside desires to sell its assets and assign its interest in the Leases to Bowling & Beyond Dubuque, Inc., an Illinois corporation (Bowling), pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, 'the Leases are assignable by Riverside with the consent Of City; and WHEREAS, Bowling desires to assign its interests in the Leases to American Trust & Savings Bank (ATSB) as security for a loan by ATSB to Bowling, pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, the City Council has determined that it is in the best interests of the City to consent to the Assignments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Riverside. Bowl, Inc. to Bowling & Beyond Dubuque, Inc. 2. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Bowling to American Trust & Savings Bank. Passed, adopted and approved this 2000. day of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ron Turner, 50 W. 13~' Street, Dubuque, IA 52001-4864, (319) 589-4270 AFFIDAVIT STATE OF IOWA DUBUQUE COUNTY I, Michael A. Koch state as follows: SS: being first duly sworn under oath do depose and That the City of Dubuque, Iowa, a municipal corporation, through its Board of Dock Commissioners and City Council, have executed Lease Agreements with Riverside Bowl, Inc., and; : That the original documents for said Lease Agreements have been kept in the Engineering Division of the City of Dubuque, and; That the Lessee is desirous of having the original Lease Agreements recorded in the office of the Dubuque County Recorder, and; That the attached documents are the originals of the Lease Agreements between the City of Dubuque, Iowa, and Riverside Bowl, Inc. Dated at Dubuque, Iowa, this 11th day of December, 2000. icliael A. Koch of DeCember, 2000. !././:"~ i,' ~::':::'~/~-:~'t ~ ) ,/,, · ) Nbtary Publ!c: InLan~"F0r the Stateof,rlowa .-.. LEASE AGREEMENT This Lease Agreement made and entered into this I~+~ day of ~)e~ ,20~, by and between the City of Dubuque, Iowa, a municipal corporation of Iowa, hereinafter cal~-ed "Lessor", and Riverside Bowl, Inc., an Iowa business corporation, hereinafter called "Lessee". 1. Lessee hereby leases to Lessee the following described real estate situated in the City of Dubuque, Dubuque County, Iowa, hereinafter referred to as the "Leased Premises", upon the terms and conditions set forth herein, to-wit: Property identified on attached Exhibit A, dated 3-15-96, as "Riverside Bowl Lease No. 4" at the northwest corner of Hawthorne and Harbor Streets 2. TERM. The term of this Lease shall be from the 1st day of July, 1999, until midnight on the 30th day of June, 2002. 3. RENTAL. Lessee shall pay annually as rental the sum of five thousand two hundred dollars ($5,200.00), at the Office of the City Treasurer, at the time of the execution of this Lease Agreement, and on the 1st day of July in each year of this Lease. 4. TAXES. Lessee agrees to pay all general taxes that may be levied against the Leased Premises and all general taxes levied or assessed against improvements placed upon the Leased Premises by or on behalf of the I~essee. 5. FENCE. Lessee shall install at its expense an 8 foot high chain link fence as shown on Exhibit A. The fence shall be a minimum distance of 10 feet from the landward toe of the levy. 6. IMPROVEMENTS. All improvements made by Lessee to the Leased Premises and all structures situated thereon shall be erected, built and maintained in strict conformity with all applicable federal, state or municipal statutes, ordinances and regulations. No structural improvements shall be made without the prior written approval of the Lessor. Lessee shall keep the Leased Premises and any structures thereon in a neat and orderly condition at all times and in a condition of repair and shall conform with all federal, state and municipal regulations in regard to the use of the Leased Premises, and the operation of the business conducted thereon. Upon the termination of this Lease for any cause whatsoever, Lessee shall have the privilege, during the period of thirty (30) days thereafter to remove any and all improvements made by Lessee to the Leased Premises, provided the same are free of landlord's liens, or other lien rights in Lessor. In the event of such removal, the Leased Premises shall be restored to substantially the same condition as it was at the commencement of the initial term of the Lease. Failure to remove any such improvement, or other property of Lessee within such three (3) month period shall constitute an abandonment thereof unless the parties hereto otherwise agree in writing. Lessee shall reimburse Lessor for the actual expense of removing any such abandoned property. Lessee shall have free access at all times during the aforesaid thirty (30)- day period to remove from the Leased Premises its improvements. 7. QUIET ENJOYMENT. Lessor agrees and covenants that Lessee on payment of the rent and performing the covenants and conditions herein contained, shall and may peacefully and quietly have, hold and enjoy the Leased Premises for the term hereof. 8. EASEMENTS. Lessee acknowledges the existence of a 16' wide Corp of Engineers easement for the City's floodwall protection levy and a 20' wide waterrnain easement across the Leased Premises as shown on Exhibit A, and Lessee agrees to allow access to Lessor for the purposes consistent with these easements. 9. INSURANCE. Lessee shall procure and maintain insurance set forth in the attached Insurance Schedule. 10. INDEMNITY. Lessee shall indemnify and hold harmless Lessor from and against all claims, damages, losses and expenses, including attorney fees, arising out of the lease of the property, provided that such claim, damages loss or expense, is caused in whole or in part by the negligent act or omission of the Lessee, Lessee's agents, contractors, customers, or employees. 11. DEFAULT. if Lessee shall make default in the payment of the rental hereunder, or any part thereof, or shall make default in the performance of any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after written notice thereof, specifying the default complained of, mailed to Lessee at its address in the City of Dubuque, Iowa, by regular United States mail, or at such other address as Lessee may from time to time specify in writing, then it shall be lawful for Lesser, at its election, to declare the term of this Lease ended and to expel and remove Lessee, or any person, or persons, in or upon the same, using such force as may be necessary under the circumstances. Lessee hereby covenants and agrees to surrender and deliver up the Leased Premises peaceably to the Lessor. 12. USE OF LEASED PREMISES. The leased premises shall be used solely for the purpose of volleyball courts. 13. ASSIGNABILITY. Lessee may not assign or sublet the premises or any portion thereof without first securing the written prior consent of Lessor, which consent shall not be unreasonably withheld. Merger of Lessee with some other corporation, or.sale of the majority of the stock of Lessee to any other corporation, or consolidation, shall be deemed an assignment or sublease for the purposes Of this section. IN WITNESS WHEREOF, the,parties have caused the due execution of this Lease Agreement, in duplicate, on this [?~ day of ~)s~¢~ , 2000. I~/lichael C. Van Milligen City Manager RIVE RS~/~ INC. Timothy M. Martin Vice President, Riverside Bowl, Inc. Address .. INSURANCE SCHEDULE Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. 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. Contractor shall have its 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. Contractor shall furnish copies of the following policies to the City, with limits not less thBn the following, or greater if required by law, and shall also furnish certificates of insurance from all independent contractors or subcontractors hired by Contractor or any independent contractor or subcontractor hired by the independent contractor or subcontractor, which certificates shall provide evidence of coverage for limits not less than the following, or greater if required by law: WORKERS COMPENSATION: Coverage A: Coverage B: Statutor~ State of Iowa Employers' Liability 9100,000 each accident 9100,000 each employee by disease 9500,000 policy limit by disease AUTOMOBILE LIABILITY: Bodily Injury and Property Damage limit of liability of 91,000,000 combined single limit or equivalent. COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments (Umbrella Liability Insurance may be substituted for above'limits.) 92,000,000 91,000,000 91,000,000 91,000,000 9 50,000 9 5,000 OR Combined Single Limit Medical Payments (Umbrella Liability Insurance may be substituted for above limits.) 92,000,000 5,000 Coverage is to include: occurrence form, premises/operations/products/ completed operations coverage, independent contractors' coverage, contractual liability, broad fo~m property damage, personal injury, City of Dubuque named as an additional insured with 30 days written notic_e of change or cance!lation. Prepored By:The Ci~ of Dubuque 50 Wesf 13th Sfreef Dubuque, Iowo 52001 ph:$19-589-4270 EXHIBIT A RIVERSIDE BOWL LEASE N0.4 NORTH LOT 2 LEASE NO. 2 I LOT 2 LOT 1 WATER, SEWER AND DRAINAGE EASEMENT 100.00' LEASE NO. 1 Scale In Feet 50 100 S24o42'40"E 1.40' S24o40'10,,E 98.61' 200 CURVE C-~ C-2 RADIUS 954.93' 954.93' LENGTH 345.18' 1.40' CHORD OH.BEARING 343.30' S35°06'30"E 1.40' S24°42'40"E SCALE: 1"=100: DRAWN BY: RJT CHECKED: DATE 3-21 REVISION: OWNER: CFI¥ OF DUBUQUE PAGE OF CITY OF DUBUQUE 50 Wes[ 13th St Dubuque, Iowa EXHIBIT A SCREEN FILE: RIVRSIDE FLD. BK. 502 Prepared by: Ron Turner, 50 W. 13th Street, Dubuque, IA 52001-4864, (319) 589-4270 AFFIDAVIT STATE OF IOWA ) ) ss: DUBUQUE COUNTY ) I, Michael A. Koch, being first duly sworn under oath do depose and state as follows: That the City of Dubuque, Iowa, a municipal corporation, through its Board of Dock Commissioners and City Council, have executed Lease Agreements with Riverside Bowl, Inc., and; That the original documents for said Lease Agreements have been kept in the Engineering Division of the City of Dubuque, and; That the Lessee is desirous of having the original Lease Agreements recorded in the office of the Dubuque County Recorder, and; ,, That the attached documents are the originals of the Lease Agreements between the City of Dubuque, Iowa, and Riverside Bowl, Inc. Dated at Dubuque, Iowa,.this 11th day of December, 2000. Subscribed and sworn to before me by Michael ~.~Koch this 1 1th day of December, 2000. // ,.. .. Nbtary Public In' a~l~ For the State of !owa ... ,ADDENDUM TO LEASE AGREE~V/~NT THIS ADDENDUM, dated the ~/?~_~ day of 1973, being an Addendum to Lease and Agreement entered into on April 14, 1964 by and between the CITY OF DUBUQUE, IOWA, a munici¢~pal corporation, and through its BOARD OF DOCK CO~L~LISSIONERS and RIVERSIDE BOWL, INC. providing for the lease of the following described real estate, to-wit: in Block 2 in "River Front Subdivision No. 3" in the City of Dubuqug, Iowa, beino- comprised and made up of a tract of land commencing at the extreme northerly corner of said Block 2, being the point of beginning, thence South &9~ 27' East, 61.29 feet along the southwesterly street line of Hawthorne Street to the northwesterly line of Lease No. 2 in said Block 2, thence South ~4~ O1' West, 300.00 feet, along said northwesterly line of Lease No. 2 in said Block 2, thence North &9" 07' %~est, 82.28 feet, in line with the southwesterly line extended of Lease No. 2 ~ said Block 2 to the southeasterly street line of Kerper Boulevard, Thence North ~8°00' East, 30!.~9 feet ~long said southeasterly street line of Kerper Boulevard to point o£ be~i.m-J.ng, and c~ntains 0.~93~ acres~ WITNESSETH ~ 1. Lease and Agreement by and between the parties hereto, dated April 14,1964, be and the same is hereby ~mended by adding the following Addendum thereto which consists of simply increasing the premises demised as above described. 2. Said Lease of April 14, 1964 as to rental and all other terms and provisions is herewith ratified and affirmed and same shall apply to the parcel herein described. 3. In all other respects, tbs Lease and Agreement dated the 14th day of April, 1964 be and the same is hereby ratified and confirmed. 4. That the Lease rental ~rorated from the /g~'~ day of 1 and the same is hereby fixed in the amount of~/c~.~. CITY OF DUBUQUE, IOWA, a municipal corporation, LESSOR, ' ioners RIVERSIDE BOWL, INC.,. an Iowa Its Pr~dentL F Its SeCretary ADDENDUM TO LEASE AGREE~&ENT THIS ADDENDUM, dated the ~ day o~..~w~-a~u_ , 1973, being an Addendum to Lease and Agreement ~ntered into on April 14, 1964 by and between the CITY OF DUBUQUE, IOWA, a municicipal corporation, and through its BOARD OF DOCK CO~D~ISSIONERS and RIVERSIDE BOWL, INC. providing for the lease of the following described real estate, to-wit: in Block 2 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa, being comprised and made up of a tract of land commencing at the extreme northerly corner of said Block 2, being the point of beginning, thence South &9: 27' East, 61.29 feet along the southwesterly street line of Hawthorne Street to the northwesterly line of Lease No. 2 in said Block 2, thence South ~"_ Ol' West, 300.00 feet, along said northwesterly line of Lease No. 2 in said Block 2, thence North &9° 07' West, 82.28 feet, in line with the southwesterly line ex~ended of Lease No. 2 in said Block 2 to the southeasterly street line of Kerper Boulevard, Thence North &8oO0' East, 301.&9 feet along said southeasterly street line of Kerper Boulevard to point of begiuning, and contains 0.~93~ acres~ WITNESSETH: 1. Lease and Agreement by and between the parties hereto, dated April 14,1964, be and the same is hereby amended by adding the following Addendum thereto which consists of simply increasing the premises demised as above described. 2. Said Lease Of April 14, 1964 as to rental and all other terms and provisions is herewith ratified and affirmed and same shall apply to the parcel herein described. 3. In all other respects, th~ Lease and Agreement dated the 14th day of April, 1964 be and the same is hereby ratified and confirmed. ~ . 4' That the Lease rental prorated from the~ day of ? , 19~ to the <~ day of~_~ , ~9...~ ~e and the same is hereby fixed in the amount of ~z~, ~__f~. CITY OF DUBUQUE, IOWA, a municipal corporation, LESSOR, BY: ~ Its Board of Dock Commissioners RIVERSIDE BOWL, INC.,-an Iowa Corporation, LESSEE, ~tj ~resident Its SeCretary /Fo./ !-l~v 8, 1973 . m.r,~_.~ toe above is a true and correct plat of Lease No. 3 in ~,loc~ ~.Ln ...... ~..,.,on !;o. ia the City of Dubuque, Iowa, being cc~or!sed and msJle up of a ~.ac~ o. le~d c,~:~:,enc:nM at the e~r~e no~herly co.er of s~d Blo~k 2, beard, the polqt ooutn Ea:~t, (1.29 feet ~ong the south~'esterly streo~ line of Ha~ho~e Street. to .t~:e nor%h~,ester!y Line of Le~se :io. 2 in s~d Block ., three South- /~/,~ Cf' ~,eot, ]O0.CO fe~t, ~g s~d no~hwester!y line of Lease No. 2 in said Block ~2, the~Ace · ,~...~ feets in line ~dth the southwesterly !b~e ezt~d~] oi' Lease in ~;~id ~locn ~ to tho southeazter[y str~e~ ~ino of Kerper Boulevard, thence JJo~0% /~ CO' Ean$, ~01.~9 feet alon~ said sout,henster~.y street' line of'Keroer :)o_~,. beEJnni~p, ~ld cantons ~.~q~). acres, ~ml [Z enclo~;e,t ~thin rod l~ne:~ r~ows r~d o.,~,~b~..k~,',~',a.,r~,,~t" ' o- 25 feet vide~cl(>s~l' wit?~in ~reen lines)azo,,~' ~' .._~%.~o,.~;,, ~' ~c ~,1,:,~" '-,~, i',r usc of Pu~:lic :JtiL~*2es~ ~d is' ,_.~; su~e.Z~t, :~lattc~ ~d ~iesc~iDe~ by, ',~e. J l~r~.Lor co~i ~ that this p.at,, map, 5ti~ or rop,)~ff, wns m~'le..by mo nr un3er ..~y ~_,e,. -" , ~.a~,~] :'~ ..c.',qn~-.' ,~, ',o2,',~y ~ Haas ~2~inet~rin~ Co. '"t ~ ~ g~r' ' , . q~t' '.~ LEASE AGREEMENT THIS LEASE AND AGREEMENT MADE AND ENTERED into this.... day of April, A.D., 1964, by and between the CITY OF DUBUQUE, IOWA, a municipal corporation of Iowa, through its duly authorized BOARD OF DOCK COMMISSIONERS, hereinafter called "Lessor", and RIVERSIDE BO%IL, INC., an Iowa corporation, hereinafter called "Lessee", providing for the lease of the following described real estate in the City of Dubuque, Dubuque County, Iowa, hereinafter referred to as the '~demised premises", and described as follows, to-wit: A tract of land in Block 2 of River Front Subdivision No. 3, three hundred (300') feet in depth, fronting on Hawthorne Street 2.07 acres in area, and as delineated in red upon the attached plat. WITNESSETH: 1. Lessor does hereby lease to Lessee the demised premises, to have and ,hold the for a period of Forty-four years, commenc- ing on May ~ s~r~e , 1964 and terminating on May 31, 2008. 2. Lessee is hereby granted the option of renewing this Lease f~r an additional term of fifty (50) years under the same terms and condi- tions provided herein, by giving Lessor written notice of his exercise of such option at least twelve (12) months prior to the expiration of the original term of this Lease. 3. Lessee agrees to pay Lessor rental for said premises in accordance with the following schedule: a) Eight Hundred Forty Dollars ($840.00)4per acre per year for each of the years from May to May 31, 1983~ b) Ten Hundred Fifty Dollars ($1050.00) per acre per year for the period fromM~yz~Dl~**Lz38~ to May 31, 2008; c) In the event Lessee eXercises his option hereunder and renews this Lease for the additional term as above pro- vided, the annual rental for said renewal term shalt be One Thousand, One Hundred Thirty-four ($1,134.00) Dollars per acre per year. Sai~ annual rentals shall be paid to Lessor by Lessee, annually, in advance, prior to May 31 . of each year of the term of this Lease, or any re- newal thereof, commencing with May 31, 1964 - 2 - 4. Lessee agrees, at his own_~ps_~, to erect upon the demised premises a building containing not less~h~'~n~thousand square feet of ground floor area, inaccordance with pl~s-~nd~t~~ed by Lessor, and at a location on the demised premises approved by Lessor, and to cou%plete said building in all respects, for ~mmediate occupancy, on or before ~.~h~r ]5:lq64 , unless prevented by accident or unavoidable cause, and in such case, as soon after such date as is practical, and that when completed the said building premises shall be free from all liens, including mechanic's liens. 5. Lessee shall bear, pay and discharge all taxes, assess- ments, duties, imposts, sewer rental, permit fees, and burdens whatsoever assessed, charged or imposed by the United States, State of Iowa, or City of Dubuque, or any other public authority agains.t any improvements, struc- tures or property erected thereon or located thereon or business conducted thereon, or upon the owner or occupier in respect thereto. Real estate taxes or special assessments levied against the land shall be assumed and paid by Lessor. 6. Lessee agrees not to suffer the demised premises, during the term of this Lease, or any renewal thereof, to become subject to any lien or encumbrance whatsoever, without the written consent of Lessor; it being expressly agreed that Lessee shall not in any event have authority to create any lien, charge or encumbrance upon the land constituting the demised premises. 7. Lessee agrees to keep the demised premises and structures thereon in a neat and orderly condition at all times and maintain the building and structures, including the drains and sewers thereon, at all times in good conditionand repair. 8. Lessee agrees to extend all necessary water and sewer service,- and other required utilities, to the demised premises at Lessee's expense. 9. Lessee agrees to use the demised premises only as a site for a ~wl~ ~l~w biltiayd parlor~ archery ran~e~ including restaurant or other similar r~reational activity with the allied services proper to the operation of the stated activity. 10. It is agreed between the parties hereto that the following restrictions apply to the demised premises and Lessee agrees to comply therewith: a) premises suitable Materials, supplies and refuse stored on the shall be stacked in orderly piles or kept in containers; b) Lessee shall Construct no underground structures below the depth of fifteen (15) feet and shall sink no wells, or perform any other act which might destroy, damage, or interfere with the subterranean water supply underlying the area, without first obtaining the writte~ permission of the City Water Department so to do; -3 - c) No noxious or offensive trade or activity shall be carried on on the demised premises, nor shall anything be done thereon which may be or become a nuisance to the surrounding area by reason of unsightliness or the offen- sive emission of odors, dust~ fumes, smoke or noise; d) No building, structure or portion thereof erected, converted or moved onto the demised premises, shall be used as a dwelling, except living quarters used by a watchman or custodian. 11. Lessee agrees to comply with all applicable State, Federal or municipal Statutes, Laws or Regulations during the term of this Lease with regard to his operation of the demised premises and not to make or suffer any unlawful activity thereon. 12. Upon the expiration of the term of this Lease, or any re- newal thereof, Lessee agrees to surrender up the demised premises, with all buildings erected thereon, and additions thereto, in good condition and repair, reasonable wear and tear by the elements excepted. 13. If Lessee shall make default in the payment of the rentals hereunder, or any part thereof, or shall make default in any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after written notice thereof, mailed to Lessee at his address stated herein, then Lessor shall, in Addition to the other remedies provided by Law, have the right, at its option, to declare the term of this Lease ended, and to re-enter the leased premises, with or without process of law, and expel and remove Lessee or any persons, in or upon the same, using such force as may he necessary under the circumstances, and, in that event Lessee agrees to surrender and deliver up the demised premises peace- ably to Lessor. It is further agreed that the waiver of any breach of any hlaus~ of this Lease by Lessor shall not constitute a waiver of any sub- sequent breach. 14. Lessor, through its duly authorized agents, shall have the right to enter upon the demised premises at any reasonable time to inspect the same. 15. In the event sidewalks are constructed along the demised premises, Lessee agrees to clear the snow and ice therefrom and to keep the same in good repair and free from nuisance, and to save the City of Dubuque harmless from any breach of this obligation. 16. Lessee agrees to procure and maintain in force during the term of this Lease and any extension hereof~ a policy of liability insurance with the City of Dubuque and its Board of Dock Commissioners named as addi- tional insureds in a company authorized to do business in Iowa, insuring against any liability arising out of the use, occupancy or condition of the demised premises, in amounts not less than ~enty-five Thousand ($25,000.00) Dollars per$onal injury to any one person; One Hundred Thousand ($100,000.00). Dollars pers6nal injury in any one accident, and TwentyLfive Thousand ($25,000.00) Dollars property damage insurance. Said policy shall provide that the same may not be cancelled without ten (10) days p~ior notice to the City and a copy of the current policy shall be deposited with Lessor. -4- 17. This Lease may be assigmed or sublet by Lessee only upon ~.zritten approval of Lessor endorsed hereon. 18. Upon the termination of this Lease for any cause, except the mutual agreement of the parties, the building provided for in Para- graph four (4) hereof shall become the property of Lessor. CITY OF DUBUQUE, IOWA, A Municipal Corporation, LESSOR RIVERSIDE BOWL, INC. an Iowa Corporation LESSEE PLAT SHOWING EASEMENTS DOCK BOARD LEASE DATED. PROVIDED FOR IN CURVE DA?,~ ON ¢c · CALE I#= 200' IRON PiPE CONCRETE M ONUME ~JT EASEMENT FOR VIATER, SEWEI~: m HARBOR T HARBOR STREET kSEMENT '~ ~DRIFIOATi~J~ OF LE~SE AGREE~7~T Thi~ A~r. eement entered into by and between the CITY OF RU~UQ~E~' IO~A,~rough its duly authorized ~ Commissioners, her~ihafter called ~'Lessor~' and Riverside ~owl~Inc., an I~wa corporation, with its principal place of business in the City of Dubuque, Iowa, hereinafter called ',LeSsee'~ WIT~ESSE~H: .~hereas, the parties hereto ~ave heretofore eh'May , 195~, entered into a certain Lease Agreement; and Whereas, the parties hereto desire to modify ~he same in order to provide for the installation of certai~ u~derground fac~z~tm~s with reference to the demised pr~mzses, NO~ THEREFORE, IT IS AGEZED ~etween the para!es hereto as follows: 1. That there is hereby reserved from th~ demised premises the right in the City of Dubuque to maintain under- ground pipes and wires in a strip of land lying ~etween the west line of Hawthorne Street ar~ a line 35 feet wes~ of and parallel to the west line of Hawthorne Street, w~ch strip of land' shall ex~end for the entitle portion of the demised premises which a~uts Hawthorne Street. oai~ easement is designated "Easement A" on the attached plat. 2. In addition to the rights granted under said Lease ~nd Agreement, Lessee, its successors and assigns, shall have, so long as said Lease and Agreement remains in effect, the right to install and maintain underground sanitary sewer, wa~er and storm drainage line across an Easement located in Block 2 of River Front Subdivision No.3 at the locmtion ~esi~n~ted as ~Eas~ment B" on the attached plat. Executed in duplicate this ~ th day of A~gus~ A. D. 1958. ~ CiTY OF. DU~JQU~, ~I. OWA, Lessor, Its Board of Dock Commissioners. RiV~Eo±D~ ~OWL, I~C., Lessee, L~SE Ai~D This Lease and ~eement made and entered into this ~ day of MaY, A. D. 1958, by and between the CITY O~ DUBUQUE, IOWA, a municipal corporation of Iowa, through its duly authorized Board of Dock Commissioners, hereinafter called "Lessor", and .Raymond Seger, 6053 Oleatha Street, St. Louis, ~issouri, hereinafter Called "Lessee", providing for the lease of the following described real estate in the City of Dubuque~ Dubuque County~ Iowa, hereinafter referred to as the "demised premises", and described as follows, to-wit: A tract of land in Block 2 of River Front Subdivision No. 3, three hundred (300} feet in depth, fronting on Hawthorne Street, two (2) acres in area, and bounded on the south by a line parallel to and one hundred (100~ feet north of the north line of HarOor Street, W I T N E S S E T H 1. Lessor does hereby lease to Lessee the demised ~remises, to have and to hold the same for a period of fifty 50) years, commencing on June l~ 1958 and terminating on May 31, 2008. 2. Lessee is hereby granted the option of renewing this lease for an additional term of fifty (50) years under the same terms and conditions provided herein,~by giving Les- sor written notice of his exercise of such option at least twelve (12) months prior to the expiration of the original term of this lea~. 3. Lessee agrees to pay Lessor rental for said pre- mises in accordance with the following schedule: (a) Eight Hundred Forty Dollars ($840) per acre per year for each of the years from June t, 1958 to May 31, 1983; (b) Ten Hundred Fifty Dollars ($1050~ per acre per year for the period from Jun~ 1, 1983 to May 31, 2008; (c) In the event Lessee exercises his option here- under.and renews this leas~ for the additional term ~s above provided, the annual rental for said renewal term shall be One Thousand, One Hundred Thirty-four Dollars ($1134) per acre per.year. Said annual rentals shall be paid to Lessor by Lessee, annually, in advance, prior to June 1st of each year of the term of this lease, or any renewal thereof, commencing with June l, 1958. -2- 4o Lessee agrees, at his own cost, to erect upon the demised premises a building containing not less than ten thousand (~0,000) square feet of ground floor area, in accord- ance with plans and specifications approved by Lessor, and at a location on the demised premises approved by Lessor, and to complete said building in all respects, for immediate occupancy, on or before January l, 1960, unless prevented by accident or unavoidable cause, ~nd in such case, as soon after such date ss is practical~ and that when completed the said building and premises shall be free from all liens, includin£ mechanic,s liens. - 5- Lessee agrees to bear, pay and discharge all taxes, assessments, duties, imposts, sewer or water rentals, permit fees, and burdens whatsoever assessed, charged or im- posed, either by the Nation~ State or City, or any other public authority,upon the demised premises, or any structures or property thereon, or business conducted thereon, or upon the o~mer or occupien in respect thereto, except State, City or County real estate taxes, or special assessments levied against the land that constitutes the demised premises, which real es- tate taxes and special assessments Lessor a~sum~'and agrees to pay. 6. Lessee agrees not to suffer the demised premises, during the term of this tease, or any renewal thereof, to be- come subject to any lien or encumbrance whatsoever, without the written consent of Lessor; it being expressly agreed that Lessee shall not in any event have aut~hority to create any lien, charge or encumbrance upon the land constituting the de- mised premises. 7. Lessee agrees to keep the demised premises and structures thereon in a neat and orderly condition at all times and maintain the building and structures, including the drains and sewers thereon,, at all times in good condition and repair. 8. Lessee agrees to extend all necessary water and sewer service, and other required utilities, to the demised premises at Lessee's expense. 9. Lessee agrees to use the demised premises only as a site for a bowling alley establishment, or other similar recreational activity, with allied services proper to the operation of the activity. 10o the following Lessee agrees It.is agreed between the parties hereto that restrictions apply to the demised premises and tac omply therewith: (a) Materials, supplies and refuse stored on the pre- mises shall be stacked in orderly piles or kept in suitable containers; (b~ Lessee shall construct no underground structures below the depth of £iSteen (15) feet and shall sink no w~%%s, or perform.any other act which might destroy, damage, or interfere with the subterranean water supply underlying the area, without first obtaining the written permission of the City Water Department so to do; (c) No noxious or offensive trade or activity shall be carried on on the demised premises, nor shall any- thing be done thereon which may be or become a nuisance -3- to the surrounding area by reason of unsightliness or the offensive emission of odors, dust, fumes, smoke or noise; (d~ No building, structure or portion thereof erected, converted or moved onto the demised premises, shall be used as a dwelling, except living ~uarters used by a .watchman or custodian. il.Lessee agrees to comply with all applicable State, Federal or municipal Statutes, Laws or regulations during the term of this lease with regard to his operation of the demised premises and not to make or suffer any unlawful activity thereon. 12. Upon the expiration of the. term of this-lease, or any renewal thereof, Lessee agrees to surrender up the de- mised premises, with all buildings erected thereon, and addi- tions thereto, in good condition and repair, reasonable wear and tear by the elements excepted. If Lessee shall make default in the payment of the ~entals3~ereunder, or any part thereof, or shall make de- fault in any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after v~itten notice thereof, mailed to Lessee at his address stated in the preamble hereof, then Lessor shatt, in addition to the other remedies provided by Law, have the right, at its option, to declare the term of this lease ended, and to re- ~nter the leased premises, with or without process of law, and expel and remove Lessee or any persons, in or upon the same, using such force as may be necessary under the circumstances, and, in that event Lessee agrees to surrender and deliver up the de~ised premises peaceably to Lessor. It is further agreed that the waiver of any breach of any clause of this lease by Lessor shall not constitute a waiver of any~subsequent breach. 1~. Lessor, through its duly authorized agents, shall have the right to enter upon the demised premises at at any reasonable time to inspect the same. 15. In the event sidewalks~are constructed along the demised premises, Lessee agrees to clear the snow and ice therefrom and to keep the same in good repair and free from nuisance, and to save the City of Dubuque~harmless from any breach of this o~ligation. ~ ' 16~ Lessee agrees to pro cure and maintain in force during the term of this ~ease and any extension hereof, a policy of liability insurance with the City of Dubuque and its ~oard of Dock Commissioners named as additional insuredS in a company authorized to do business in Iowa, i~a~ing against any lia- bility arising 0ut of~he ~'e~ occupancy or condition of the demised premises, in amounts not less than Twenty-five Thousand Dollars ($25,000) personal injury to any one erson: One Hundred Thousand Dollarsi($100,OO0) personal ~injury i~ any ~ne accident, and Twenty-five Thousand Dollars ($25,000) property damage in- surance. Said policy shall provide that the same may not be cancelled without ten (10) days prior notic~ to the City and a copy of the current policy shall be deposited with Lessor. 17. This lease may assigned or sublet by Lessee oniy upon written approval of Lessor endorsed hereon] 18. Upon the termination of this lease for any cause, except the mutual agreement of the parties, the build- ing provided for in Paragraph 4 hereof shall become the pro- perty of Lessor. CiTY OFDUBU~UE~IO~A,'" .~' Lessor, ~/~/ 'Its Board o~ck Commissioners (-~aymond Seger~ Y Lessee December 8, 2000 The Honorable Terry Duggan & City of Dubuque Council Members 50 West 13a Street Dubuque, IA 52001 Dear ~Mayor & City Council Members, Enclosed is a copy ora sales contract between Riverside Bowl, Inc. and Bowing & Beyond Dubuque, Inc., an illinois corporation owned by Mike Schmidt and J'en Jansen of Cbficago, Illinois, for ~he sale of Riverside Bow!. We intend to assign our cu_,rrent leases to Bowling & Beyond Dubuque, Inc., with the City's consent, and to close the sale of the assets located on the property on December 27, 2000. All terms and conditions of the current leases will remain in effect. The purchaser has agreed to be bound by the terms of the leases. One lease is currently assign~ed to Dubuque Ban_.k & Trust. The bank will release the assignment on the date of closing. If you have any questions or need any assistance, please contact me at either 583-5768 or 582- 2688. Sincerely, RIVERSIDE BOIVL, INC. Timothy M. Martin General Manager NORMAN, GILLOON, WRIGHT & HAMEL, P.C. Attorneys Wayne A. Norman, Jr.* Arthur F. Gilloon* E. David Wright* Dirk J. Hamel** Christopher R. Paur*** Please Reply To: P.O. Box 857 Dubuque, IA 52004-0857 E-Mail: ngwhlaw@pcii.net Writer's E-Mail Address: wnorman~dbqlaw.com December 12, 2000 Mr. Michael C. Van Milligen City Manager - City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 Re: Assignment of Leases: City of Dubuque to Riverside Bowl, Inc. Dear Mr. Manager: Riverside Bowl, Inc., as Seller ("Riverside"), and Bowling & Beyond Dubuque, Inc., as Buyer ("Bowling"), have ~ntered into an asset Purchase and Sale Agreement ("Agreement") which they hope to close before the end of December, 2000. We represent American Trust & Savings Bank ("ATSB") which has agreed to assist in funding the transaction through a loan to Bowling. Bowling's performance under the Agreement is contingent upon the assignment of Riverside's Leases with the City of Dubuque to Bowling, and ATSB's loan to Bowling is contingent upon the assignment to ATSB, for security purposes, of Bowling's interests in those same leases. I have prepared the enclosed Assignments to accomplish these purposes. Please note that neither Assignment becomes effective unless and until the Asset Purchase between Riverside and Bowhng is closed. If there are questions, please let me know. Otherwise, we would appreciate it if you would present to Assignments to the City Council for its approval at its next meeting. Thanks for your assistance. Sincerely, ~eayne A. Norman, Jr. WAN/ljw Enclosures (2) Cc; Barry A. Lindahl, Esq. Riverside Bowl, Inc. Bowling & Beyond Dubuque, Inc. Amer/can Trust & Savings Bank Security Building / 800 Town Clock Plaza / Dubuque, IA 52001 / (319) 556-6433 ! Fax: (319) 556q7706 *Also Licensed in Wisconsin / **Also Licensed in Illinois / ***Also Licensed in Minnesota Prepared by: Wayne A. Norman, Jr., Norman, Gilloon, Wright & Hamel, P.C., 800 Town Clock Plaza, P.O. Box 857, Dubuque, IA 52004-0857 (319) 556-6433 SPACE ABOVE THIS LINE FOR RECORDER ASSIGNMENT OF INTERESTS IN LEASES Riverside Bowl, Inc., an Iowa corporation ("Assignor"), m consideration of the sum of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, assigns, conveys, transfers and sets over to Bowling & Beyond Dubuque, Inc., an Illinois corporation ("Assignee"), all of Assignor's right, title and interest as Lessee m and to certain leases dated May 2, 1958 (including an Amendment dated June 19, 1973), April 14, 1964, and December 6, 2000 ("Leases"), ail entered into with the City of Dubuque, Iowa, as Lessor, memoranda of which Leases will be recorded contemporaneously with this Assignment. The legal description of the real estate which is the subject of the Leases is attached as Exhibit A. By its signature below, Assignee accepts the assignment of the Leases, and agrees to be bound by the terms and conditions thereof. The effectiveness of tl'fis Assignment is expressly contingent upon the closing of an asset Purchase and Sale Agreement between the Assignor and the Assignee on or before February 1, 2001. Dated: December__; 2000. Riverside Bowl, Inc. Bowling & Beyond Dubuque, Inc. By: By: Marlene Martin, President Michael K. Schraitt, President STATE OF COUNTY) ss: On this day of December, 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marlene Martin, to me personally known, who, being by me duly sworn, did say that she is the President of Riverside Bowl, Inc., executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Marlene Martin as President acknowledged the execution of the foregoing instmmant to be the voluntary act and deed of the corporation, by it and by her voluntarily executed. Notary Public, State of wp60docs\atsb\bowling.assignment- 1 -I 21200b STATE OF ~ COUNTY) ss: On this __ day of December, 2000, before me, the undersigned, a Notary Public in and for the State of Iowa personally appeared Michael K. Schmidt, to me personally known, who, being by me duly sworn, did say that he is the President of Bowling & Beyond Dubuque, Inc., executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Michael K. Schmidt as President acknowledged the execution of the foregoing Instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. Notary Public, State of CONSENT TO ASSIGNMENT The undersigned City of Dubuque, Iowa, Lessor under the Leases referred to above, consents to the foregoing Assignment, accepts the terms thereof and acknowledges receipt of a copy of the foregoing Assignment. City of Dubuque, Iowa, By: Terrance M. Duggan, Mayor Prepared by: Wayne A. Norman, Jr., Norman, Gilloon, Wright & HameI, P.C., 800 Town Clock Plaza, P.O. Box 857, Dubuque, IA 52004-0857 (319) 556-6433 SPACE ABOVE THIS LINE FOR RECORDER ASSIGNMENT OF INTERESTS IN LEASES Bowling & Beyond Dubuque, Inc., an Illinois corporation ("Assignor"), in consideration of the sum of $1.00 and other good and valuable consideration, the receipt and suff/ciency of which is acknowledged, assigns, conveys, transfers and sets over to American Trust & Savings Bank ("Assignee"), all of Assignor's fight, title and interest as Lessee in and to certain leases dated May 2, 1958 (including an Amendment dated June 19, I973), April i4, 1964, and December 6, 2000 ("Leases"), all entered into with the City of Dubuque, Iowa, as Lessor, memoranda of which Leases will be recorded contemporaneously with this Assignment. The legal description of the real estate which is the subject of the Leases is attached as Exhibit A. This Assignment is given to Assignee by Assignor as security for a loan by Assignee to Assignor. So long as Assignor is not in default under its loan documents with Assignee, Assignor shall retain/ts rights under the Leases as if this Assignment does not exist. The effectiveness of this Assignment is expressly contingent upon the closing of an asset Purchase and Sale Agreement between the Assignor and Riverside Bowl, Inc., an Iowa corporation, on or before February 1,200i, for the purchase of the assets of Riverside Bowl, Inc. Dated: December__, 2000. Bowling & Beyond Dubuque, Inc. By: Michael K. Schmidt, President STATE OF COUNTY) ss: On this __ day of December, 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael K. Schmidt, to me personally known, who, being by me duly sworn, did say that he is the President of Bowling & Beyond Dubuque, Inc., executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Michael K. Schmidt as President acknowledged the execution of the foregoing insmmaent to be the voluntary act and deed of the corporation, by it and by him/her voluntarily executed. Notary Public, State of wp60docs\atsb\bowling.assignmcmt-2q21200c CONSENT TO ASSIGNMENT The undersigned City of Dubuque, Iowa, Lessor under the Leases referred to above, consents to the foregoing Assignment, accepts the terms thereof, acknowledges receipt ora copy of the foregoing Assignment, and agrees that all notices to be given to Assignor under the Leases shall also be given to Assignee. City of Dubuque, Iowa, By: Terrance M. Duggan, Mayor CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Redstone Lease Agreement Parking System Supervisor Cindy Steiahauser is recommending adoption of the Resolution consenting to the assignment of the April 1, 1995 Lease Agreement with Dubuque Historic Improvement Company, to the new owner Jerry Lazore. 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 Ken TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM December 6, 2000 To: Michael C. Van Milligen, City Manager From: Cindy Steinhauser, Parking System Supervisor Re: Redstone Lease Agreement Background On April 1, 1995, the City of Dubuque entered into a ten-year Lease Agreement with the Dubuque Historic Improvement Company, an Iowa Corporation, for the rental of parking spaces in municipal parking lot #3 located on 5th and Bluff Streets. The Lease Agreement was approved by City Council as part of Resolution 71-95. The purpose of the lease agreement was to provide parking for guests of the Redstone Inn Bed & Breakfast which was owned by the Dubuque Historic Improvement Company. The terms of the agreement include the rental of 16 parking spaces at a rate of $24 per spaces per month for an annual rate of $4,608. Discussion On October 13, 2000, the Redstone Inn was sold to Jerry Lazore. Mr. Lazore has indicated his desire to maintain the terms of the April 1, 1995 Lease Agreement under the new ownership. Attached is a copy of the Lease Agreement which duplicates the terms established in 1995 with the exception of the new Leasee: Request The requested actiOn is for the City Council to adopt the attached Resolution consenting to the assignment of the April 1, 1995 Lease Agreement with Dubuque Historic Improvement Company, to the new owner Jerry Lazore. Cc: Ken TeKippe, Finance Director RESOLUTION NO. - O0 RESOLUTION CONSENTiNG TO THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE HISTORIC IMPROVEMENT COMPANY BY DUBUQUE HISTORIC IMPROVEMENT COMPANY TO JERRY LAZORE WHEREAS, the Dubuque Historic Improvement Company (DHIC) and the City of Dubuque (City) entered into a Lease Agreement on April 1, 1995, a copy of wkich Lease Agreement is attached hereto; and WHEREAS, the Lease Agreement provides for parking for DHIC's Redstone Inn located at City's parking lot at Fifth and Bluff Streets; and WHEREAS, on October 13, 2000 the Redstone Inn was sold by DHIC to Jerry Lazore; and WHEREAS, the Lease Agreement is assignable by DHIC with the consent of City; and WHEREAS, the City Council has determined that it is in the best interests of the City to consent to such assigrnnent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council hereby consents on behalf of the City of Dubuque to the assignment of the Lease Agreement by Dubuque Historic Improvement Company to Jerry Lazore, provided that Jerry Lazore shall agree to be bound by the terms and conditions thereof. Passed, approved and adopted this 18m day of December, 2000. Attest: Terrance M. Duggan, Mayor Jeam~e Schneider, City Clerk ACCEPTANCE OF RESOLUTION I, Jerry Lazore, in consideration for the City of Dubuque's consent to the assignment of the above-described Lease Agreement hereby agree to be bound by fl~e terms and conditions of such Lease Agreement. Dated this day of ,2000. Jerry Lazore LEASE AGREEMENT THIS LEASE AGREEMENT made this day of , 1995, between the City of Dubuque, Iowa a municipal corporation, hereinafter called the City, and Dubuque tlistoric Improvement Company, hereinafter called the Company, an Iowa corporation with its principal place of business in Dubuque, Iowa. WITNESSElH: WHEREAS, the City is the owner of a tract of land (Leased Property) designated as shown on the attached plat marked "EXHIBIT A" and by reference incorporated herein as though fully set out herein~ and WI~EREAS, the City and Company are desirous of entering into an agreement where the City leases to the Company and the Company hires from the City the Leased Property under the terms and conditions hereinafter set forth; NOW IHEREFORE, in consideration of tile mutual covenants and agreements of tile City and the Company, each to the other, it is mutually agreed as follows: 1. TERM OF AGREEMENT. Tile City hereby leases to tile Company and tile Company hires 'From the City the Leased Property for a period of 10 years commencing on A~il Z, 1995and ending on Ma~ch 31, 2005. 2. RENTAL. Tile base rental amount (subject to the adjustment as hereinafter provided for the Leased Property shall be Four Thousand Six Hundred Eight Dollars ($~,608.00) per year, payable monthly, one month in advance. Rentals are charged at a rate of Twenty-four Dollars ($24.00) per stall for sixteen (16) stalls. Rentals shall be increased without renegotiation of lease or lease amendment if municipal surface lot rentals are increased within the lease period. Tile City shall notify the Company by certified mail of pending rental increase sixty days prior to implementation of the increase. The increase in rates shall not be retroactive but shall be effective from the first day of tile month following documented notification of the Company. The rate of increase shall be of equal percentile as the increase applied in other municipal surface lots. 3. USE OF PREMISES. The Company covenants and agrees during the term of tbis Lease Agreement to use and occupy tile Leased Premise.s for parking purposes only~ with not more than sixteen (16) spaces to be used for vehicular parking. Billboard signs are prohibited. Any signs used by the Company for informational purposes For the Company's patronage shall be subject to approval by the City Manager. No structure shall be constructed on the Leased Premises. ASSIGNMENT AND SUBLETTING. ibe Company may not assign or sublet the Leased Premises or any portion thereof without first securing the written prior consent of the City. lhe Company acknowledges and agrees that tile City, in its sole discretion, may refuse to grant consent to such assignment or sublease. Merger of the Company with some other corporation, or sale of the majority of the stock of the Company's corporation to any other corporation, or consolidation, shall be deemed an assignment or sublease for the purpose of this section. 5. MAINTENANCE OF PROPERTIES. The City shall be responsible For the maintenance of the property, including snow removal, striping of stall areas and surface repairs. Maintenance and snow removal will occur concurrently with the remainder of tile lot. The City will not be responsible for maintenance and snow removal in areas where vehicles are parked on the Leased Property and contractors or service vehicles do not have ready access to the property. The City retains all utility easement rights and access to the Leased Property for installation and or/maintenance of utilities or authority to grant easements for utility installation on the demised premises. 6. RESPONSIBILITY FOR ENFORCEMENT. It shall be tile responsibility of the Company to provide all necessary enforcement relative to the use of the Leased Property. The Company shall operate tile property in a manner that is compatible with the operation of the remainder of the parking lot which is owned and operated by the City, and any conflicts or interruptions in the operation of the public parking lot by the Company shall be immediately rectified or this Lease Agreement shall be immediately rectified or this Lease Agreement shall be null and void. 7. PAYMENT OF RENTS. All rents due and payable hereunder shall be delivered to the City Treasurer located in City Halt on or before the 15th day of each month of the Lease Agreement. 8. DEFAULT. If the Company shall default in the payment of rentals hereunder or any part thereof, or shall default in the performance of any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after written notice thereof, specifying the default complained of, mailed to the Company by United States certified mail, return receipt requested, then it shall be lawful for the City, at its election, to declare the terms of this Lease ended and to re-enter upon the Leased Property, with or without process of law, and to expel and remove the Company or any person or persons in or upon the same, using such forces as may be necessary under tile circumstances; and if at any time, by reason of such default of the Company and the continuance thereof for such period of tl~irty (30) days after written notice has been given, said term shall be so ended, the Company hereby covenants and agrees to surrender and deliver up tile Leased Property peaceably to the City. 9. INDEMNITY. The Company agrees to indemnify and hold harmless the City from any and all damages or claims whatsoever, actions or causes of action in law or equity, or damages or claims for damages to persons or property by reason of the Company's use or misuse of the Leased Premises and further agrees to reimburse the City for any and all damages to the Leased Premises resulting from the misuse of the Leased Premises for activities associated with the Company's business. The City agrees to promptly give its notice of any and all claims and actions, as stated aforesaid~ and to permit the Company and/or its insurance carrier to investigate and defend the same. 10. SURRENDER OF PREMISES AT END OF TERM. The Company agrees that upon termination of this Lease Agreement it will surrender, yield up and deliver the Leased Premises in good, clean condition. The Company shall remove all signs or other improvements that may have been installed by the Company at the time of the surrender of the Leased Premises. ~1. TERMINATION. lhe City may terminate said Lease Agreement upon thirty (30) days written notice to the Company. Upon termination For any cause whatsoever, the City shall i~ave no liability for payment or reimbursement for any portion of investment made by the Company in such Leased Premises. The City shall prorate rental expenses for the current month in which advanced payments have been made, and will rebate such rentals for the balance of the prevailing month. tN WITNESS WHEREOF, the parties have hereto set their hands this day of , 1995. DUBUQUE HISTORIC IMPROVEMENT COMPANY CITY OF DUBUQUE, IOWA Loras J. K'Iuesner, Mayor Pro-Tem ATTEST: y,~(. Davis, City Clerk RESOLUFION NO. 71 RESOLUTION ACCEP'[IHG AND EXECUTING LEASE AGREEMENT ~lIlll DUBUQUE HISTORIC IMPROVEMENT COMPANY WitEREAS, tBe Dubuque Ifistoric Improvement Company has renovated the Redstone property located at FiFtB and Bluff Streets; and WHEREAS, parking is an essential element in the utilization of ti]is property to a~commodate its clientele; and WHEREAS, the Dubuque Historic Improvement Company bas paid for the cost of curl) cuts and other improvements for access to the parking lo~ from Fifth Street; and WttEREAS, tBe Dubuque Historic Improvement Company has expressed an interest in leasing sixteen (i6) spaces in the City of Dnboque nlunicipal parking ~ot located at the nortbwest corner of Fifth and Bluff Streets; and WHEREAS, the term of the lease would be for 10 years 'From April I, t995 through March 31, 2005; and WttEREAS, the base rental would be $~,608.00 per year effective April 1, 1995, and subject to adjustments in rental in parity with rates charged For Dubuque municipal surface parking lots. WHEREAS, a public hearing was held on the lease agreement with Dubuque Historic Improvement Company on March 6, 1995 NOW, IHEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 7hat the lease agreenlent with Dubuque tlistoric Improvement Company be accepted aud tBe Mayor be and he is hereby auLborized and directed to execute said lease agreement with Dubuque Historic Improvement Company. Passed, approved and adopted this Attest: D~vis City Clerk 6th day of March , 1995. /3~/oras J. Kluesner Mayor Pro-Tem T "EXHIBIT A" City of Dubuque Hunicipal Parking Lot 5th & Bluff 11/28/84 CITY OF DUBUQUE, IOWA MEMORANDUM December 4, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fiscal Year 2002 Policy Guidelines The purpose of this memorandum is to transmit draft Fiscal Year 2002 Fiscal Guidelines for your review and adoption. The guidelines reflect City Council direction given as part of the August 28 and 29, 2000, goal setting sessions. During those sessions the City Council established goals for the next five years and established City priorities in Fiscal Year 2002. Dubuque 2006: City Council Goal~ In five years the Council wants the following for the community: 2. 3. 4. 5. 6, Improved Transportation Network Strong Local Economy A "Balanced" Community Safe Community Riverfront Development Top Quality City Services Fiscal Year 2002 Priorities: Our Targetc To begin the City on the path to achieving these five year goals, the Council priorities and the foundation of the City's work program for Fiscal Year 2002 are: Top Priority Affordable Housing Highway 20 Incentives to Attract/Expand Businesses Riverfront Land Acquisition/Condemnation The Honorable Mayor and City Council September 13, 1999 Page 2 High Priority Riverfront Land Uses and Development Standards Telephony: Infrastructure Historic Preservation Town Clock Plaza Moderate Priority Street Program Traffic Synchronization Downtown Compensation Policy for Professionals As we develop a budget to achieve these priorities I believe it is important to begin with an overview of the City's past performance in terms of growth in personnel complement, tax asking, and changes in assessed valuations. This overview summarizes the impact of fiscal guidelines established by prior City Councils as they attempted to balance resources with community expectations. Background Information Since 1981, the City has reduced the number of full-time employees from 588 to 516 (including the addition of three temporary positions for the Lead Paint Grant). This is a reduction in the full-time work force of 12.2 percent or 72 employees. This has happened during a time when new or expanded City programs and services have been added to meet increasing demands and mandates. Initiatives during that time period have included: · economic development efforts · yard waste, recycling programs and household hazardous waste disposal programs · county-wide E911 dispatch · comprehensive housing programs · community oriented policing · DARE and other drug related programs · rental property inspections · operation of leisure pools · McAleece Recreation Complex operations The Honorable Mayor and City Council September 13, 1999 Page 3 · City Focus newsletter · industrial pretreatment and lead and copper testing programs · Fifth Street parking ramp · Third Street parking ramp · hazardous materials team · advanced life support ambulance service · government Channel 8 programming · cable TV monitoring and regulation · additional commissions including Long Range Planning, Environmental Stewardship, Investment Oversight, Development Review Committee, Police Advisory Panel and Community Based Task Force on Gangs, Drugs and Youth Violence · extension of Heritage hike and bike trails · City operated FBO functions · increased Zoning Code enforcement · developers and builders round tables · implementation of Riverfront Plan through America's River Partnership · downtown circulation improvements · coordination and public information programs related to the Highway 20 project · implementation of the Neighborhood Reinvestment Strategy · lead paint abatement program · additiona~ neighborhood parks and open spaces · reinstatement of traffic accident investigations The City continues to look for operating efficiencies through the program and service review process. Those reviews currently underway include Operations and Maintenance, Emergency Communications Center, Fire, Parking and Human Rights. Reviews to be initiated during the balance of Fiscal Year 2001 include Airport, Library, Engineering, City Clerk's Office and Finance. Reviews which have been completed include Community and Economic Development, Housing, Park Patrol, Water, Civic Center, Water Pollution Control Plant, Administrative Services, Planning Services, Recreation, Police, Transit, City Manager's Office, Health Services, Building Services and Parks. The City of Dubuque has been able to hold its property tax askings down while continuing to provide the citizens with a very high level of City services. Unlike other cities who have eliminated city services, quality of life continues to be a high priority of City Council and high service standards have been maintained by The Honorable Mayor and City Council September 13, 1999 Page 4 implementing operating efficiencies and using other resources such as sales tax, gaming revenues, and user fees for property tax relief. Property tax values have increased from 9937,934,744 in Fiscal Year 1991 (January 1, 1989 values) to 91,402,309,002 for Fiscal Year 2001 (January 1, 1999 values) which represents an increase of 9464,374,258 or 49.5 percent over the ten year period. The City's portion of the property tax rate has gone from $12.2660 in Fiscal Year 1991 to $11.0671 per thousand dollars of assessed value; a decrease of $1.1989 or -9.8 percent over the same ten year period. Why was the City able to reduce the tax rate over the past ten years? Some of the factors which have affected the property tax rate include: The use of sales tax for property tax relief has grown from $2,000,000 in Fiscal Year 1991 to 93,112,608 in Fiscal Year 2001. This increase is the equivalent of property tax relief of $.7934/$1,000 of assessed value. This means that the local option sales tax has allowed a 6.5 percent reduction in the City's portion of the tax rate from Fiscal Year 1991 to Fiscal Year 2001; The net addition of only four property tax supported full-time positions from Fiscal Year 1991 to Fiscal Year 2001 (the net increase has been held to only four in spite of the fact that the City added seven police officer positions in Fiscal Year 1994 and five in Fiscal Year 2000); and The use of annual gaming revenues for property tax relief. This has avoided a 6.2 percent increase in the property tax rate. Also, the use of the annual distribution of 50 percent of Dubuque Racing Association net profits to the City of Dubuque which has been used to eliminate the City's annual General Obligation borrowing to street, storm sewer and Airport capital improvements. This analysis indicates that the City has used property tax valuation growth and other important growth revenues like sales tax to maintain City services and has not increased the tax rate to accomplish this. In fact the City has reduced the tax rate over the past ten years. A comparison of the City of Dubuque's property tax rate for Fiscal Year 2001 with the other eight largest cities in Iowa shows Dubuque ranks eighth out of nine. This comparison is summarized in table format as follows: The Honorable Mayor and City Council September 13, 1999 Page 5 RANK CITY TAX RATE POPULATION 1 Des Moines 16.57804 193,187 2 Waterloo 16.49097 66,467 3 Council Bluffs 15.78900 54,315 4 Iowa City 14.75759 60,148 5 Davenport 14.63000 95,333 6 Sioux City 14.40724 80,505 7 Cedar Rapids 12.74497 108,780 8 Dubuque 11.06712 57,538 9 Ames 9.60628 48,691 Proposed Budget Guidelines Having reviewed this background information on where and how City functions and finances have developed over the past ten years, it's now time to look forward and establish the fiscal plan for the upcoming year. The budget guidelines are developed and adopted by City Council early in the budgeting process in order to provide targets or parameters within which the budget recommendation will be formulated. The final budget presented by the City Manager may not meet all of these targets due to changing conditions and updated information during budget preparation. To the extent the recommended budget varies from the guidelines, an explanation will be provided in the printed budget document. The budget guidelines for Fiscal Year 2002 that I am recommending to you can be summarized as follows: Preliminary Citizen participation opportunities Date Wednesday, December 6 Wednesday, February 7 Monday, February 12 Thursday, February 15 Wednesday, February 21 Starting Time 5:00 p.m. - City Manager's Public Input Meeting 6:15 p.m. - City Council Budget Worksession 6:15 p.m. - City Council Budget Worksession 6:15 p.m. - City Council Budget Worksession 6:15 p.m. - City Council Budget Worksession The Honorable Mayor and City Council September 13, 1999 Page 6 Date Monday, February 26 Tuesday, February 27 Tuesday, March 6 · Service objectives Startin~l Time 6:15 p.m. - City Council Budget Worksession 6:15 p.m. - City Council Budget Worksession 6:30 p.m. - Public Hearing - City Council Each department will identify specific objectives that reflect City Council goals. · Balanced budget Expenditures will not exceed revenue. · Limited resources It is not possible to afford all of the services requested by individual citizens. Review of services Existing service levels are maintained and reviewed for appropriateness. · Improved productivity Efforts will continue to become more efficient. · Volunteers Efforts to expand the use of volunteers will be maintained. · Outside funding Non-City funding sources, like federal grants, public-private partnerships and coordination with other local governments will be aggressively pursued. · General Fund Balance To meet financial obligations prior to receiving certain tax revenues and to assist in maintaining a AA bond rating, which reduces borrowing costs, the City will maintain a cash reserve of 10 percent of the total General Fund operating budget (excluding employee fringe benefits) or $2,386,000. The Honorable Mayor and City Council September 13, 1999 Page 7 · Nonrecurring Income Nonrecurring income will only be spent on nonrecurring expenses to avoid future funding problems for the operating budget. · Revenue Assumptions There are thirteen revenue assumptions in the attached document. · Expenditure Assumptions There are eleven expenditure assumptions in the attached document. The sales tax distribution formula will be maintained at 50 percent tax relief, 30 percent reduction of assessments and street construction and 20 percent maintenance of City-owned property. Expansion or creation of new facilities that will increase the required operation support, usually from property taxes, will only be considered with a demonstrated need and a long-term plan to incorporate the increased costs into the entire system. General Obligation borrowing is not anticipated if gaming distributions continue at the projected levels. To the extent they do not meet projections, general obligation borrowing may be necessary. · Emphasis will be placed on funding projects in the CIP that reduce future operating expenditures. · Gaming revenues, excluding the annual surplus distribution, will continue to be used 1/3 in the operating budget and 2/3 in the capital budget. · Finally, the Policy Guidelines include a property tax guideline that provides no increase in the "City" share of property taxes for the average homeowner. At this time, I am respectfully requesting that the Mayor and City Council adopt the budget guidelines which provides no increase in the "City" share of property taxes for the average homeowner in Fiscal Year 2002. The Honorable Mayor and City Council September 13, 1999 Page 8 Michael C. Van Milligen City Manager POLICY GUIDELINES FOR FY 2002 BUDGET PLANNING AND ADMINISTRATION OPERATING BUDGET GUIDELINES The Policy Guidelines are developed and adopted by City Council early in the budgeting process in order to provide targets or parameters within which the budget recommendation will be formulated. The final budget presented by the City Manager may not meet all of these targets due to changing conditions and updated information during budget preparation, To the extent the recommended budget varies from the guidelines, an explanation will be provided in the printed budget document. CITIZEN PARTICIPATION Guideline To encourage citizen participation in the budget process, City Council will hold at least five work sessions in addition to the budget public hearing for the purpose of reviewing the budget recommendations for each City department and requesting public input following each departmental review. The budget will be prepared in such a way as to maximize its understanding by citizens. A limited number of the Citizens Guide to the Recommended Budget will be made available to interested citizens and groups. Other budget documents will be on file with the City Clerk and at the Carnegie Stout Public Library in their government documents section. An opportunity will be provided for citizen input prior to formulation of the City Manager's recommended budget and again prior to fina, I Council adoption, both at City Council budget work sessions and at the required budget public hearing. SERVICE OBJECTIVES, ALTERNATIVE FUNDING AND SERVICE LEVELS Guideline The budget will identify specific objectives to be accomplished during the budget year, July 1 through June 30, for each activity of the City government. The objectives serve as a commitment to the citizens from the City Council and City administration and identify the level of service which the citizen can anticipate. Policy Guidelines Fiscal Year 2002 Page 2 TWO TYPES OF BUDGET DOCUMENTS TO BE PREPARED Guideline The recommended City operating budget for Fiscal Year 2002 will consist of two types of budget documents: a Recommended City Council Policy Budget that is a collection of information that has been prepared for each department hearing and is bound by hearing date. The second type of document is a Citizens Guide to the Recommended FY 2002 Budget. The Recommended City Council Policy Budget documents contain the following information for each department: Highlights of Prior Year's Accomplishments and Future Year's Initiatives, a financial summary, a summary of decision packages requested and recommended, significant line items, index of capital improvement projects recommended over the next five years, organizational chart for larger departments, major goals, objectives and performance measures for each cost center within that department, and line item expense and revenue financial summaries. The purpose of these documents are to focus the attention of the City Council and the public on policy decisions involving what services the City government will provide, who will pay for them and the implications of such decisions. They will emphasize objectives, accomplishments and associated costs for the budget being recommended by the City Manager. It will clearly show the level of service being proposed. The Citizens Guide to the Recommended FY 2002 Budget is a composite of tables, financial summaries and explanations, operating and capital budget messages and the adopted City Council Budget Guidelines. It serves as a handout for the general public which highlights the budget process, City Manager's recommendations, departmental accomplishments and future initiatives. Through graphs, charts and tables it presents financial summaries which provide an overview of the total operating and capital budgets. The City of Dubuque will continue to maintain comprehensive budget documents which meet the standards for budget presentation established by the Governmental Finance Officers Association. BALANCED BUDGET Guideline The City will adopt a balanced budget in which expenditures will not be allowed to exceed reasonable estimated resources. The City will pay for all current expenditures with current revenues. Policy Guidelines Fiscal Year 2002 Page 3 BALANCE BETWEEN SERVICES AND TAX BURDEN Guideline The budget should reflect a balance between services provided and the burden of paying for those services. It is not possible or desirable for the City to provide all of the services requested by individual citizens. The City must consider the ability of citizens to pay for services in setting service levels and priorities. MAINTENANCE OF EXISTING SERVICES Guideline To the extent possible with the financial resources available, the City should attempt to maintain the existing level of services. Annually, however, each service should be tested against the following questions: (a) Is this service truly necessary? (b) Should the City provide it? © What level of service should be provided? (d) Is there a better, less costly way to provide it? (e) What is its priority compared to other services? (f) What is the level of demand for the service? (g) Should this service be supported by property tax or user fees or a combination? IMPROVED PRODUCTIVITY Guideline Efforts should continue to stretch the value of each tax dollar and the City services that it buys through improved efficiency and effectiveness. Using innovative and imaginative approaches to old tasks, reducing duplication of service effort, creative application of new technologies and more effective organizational arrangements are approaches to this challenge. USE OF VOLUNTEERS Discussion As our financial capabilities decrease, we must seek to expand our resources by continuing to get citizens directly involved in supplementing our service delivery capability. Citizens must be encouraged to assume tasks previously performed or provided by City government. This may require us to change our approach to Policy Guidelines Fiscal Year 2002 Page 4 service delivery; such as, providing organizational skills, training, coordinating staff, office space, meeting space, equipment, supplies and materials, but not directly providing the more expensive full-time staff. Activities where citizens can continue to take an active role include: Library, Recreation, Parks, Five Flags Center, Cable TV (government channel camera operators) and Police. The City initiated the Dubuque Volunteer Corps Program in FY 1998 to encourage citizen involvement in the many programs offered by the City and in maintaining the facilities for community betterment. Guideline In the future the maintenance of City services may well depend on volunteer citizen staffs. In FY 2002 efforts shall continue through the Dubuque Volunteer Corps to identify and implement areas of City government where (a) volunteers can be utilized to supplement City employees to maintain service levels/i.e., Library, Recreation, Parks, Cable TV, Police) or (b) services can be "spun off" to nongovernment groups and sponsors/i.e., YMCA/YWCA, United Way groups, Recreation Groups). RESTRICTIONS ON INITIATING NEW SERVICE Guideline No new service will be considered except la) when additional revenue or offsetting reduction in expenditures is proposed or lb) when mandated by state or federal law. 10. SALARY INCREASES OVER THE AMOUNT BUDGETED TO BE FINANCED FROM BUDGET REDUCTIONS IN THE DEPARTMENT/S) OF THF BENEFITING EMPLOYEES Discussion The recommended budget will include salary amounts for all City employees. However, past experience shows that budgeted amounts are often exceeded by fact finder and/or arbitrator awards. Such "neutrals" often do not take into account the overall financial capabilities and needs of the community and the fact that the budget is a carefully balanced and fragile thing. Such awards have caused budgets to be overdrawn, needed budgeted expenditures to be deferred, working balances to be expended and, in general, have reduced the financial condition or health of the City government. To protect the financial integrity of the City government, it is recommended that the cost of any salary adjustment Policy Guidelines Fiscal Year 2002 Page 5 over the amount provided in the budget (that is, not financed in the budget) come from reductions in the budget of the department(s) of the benefiting employees. Guideline Salary increases over the amount budgeted for salaries shall be financed from operating budget reductions in the department(s) of the benefiting employees. 11. BALANCE BETWEEN CAPITAL AND OPERATING EXPENDITURES Guideline The provision of City services in the most economical and effective manner requires a balance between capital (with particular emphasis upon replacement of equipment and capital projects involving maintenance and reconstruction) and operating expenditures. This balance should be reflected in the budget each year. 12. USER CHARGES Discussion User charges or fees represent a significant portion of the income generated to support the operating budget. It is the policy that user charges or fees be established when possible so those who benefit from a service or activity also help pay for it. This is easy in some cases and municipal utility funds have been established for certain activities which are intended to be self-supporting. Examples of utility funds include Water User Fund, Sewer User Fund, Refuse Collection Fund, and Parking Fund. In other cases, a user charge is made after the Council determines to what extent an activity is to be self-supporting. Examples of this arrangement are fees for swimming, golf and recreation programs and certain inspection programs. Guideline User fees and charges should be established where possible so that those who utilize or directly benefit from a service, activity or facility also help pay for it. User fees and charges for each utility fund (Water User Fund, Sewer User Fund, Refuse Collection Fund, and Parking Fund) shall be set at a level that fully supports the total direct and indirect cost of the activity, including the cost of annual depreciation of capital assets and pay-as-you-go financing for future capital improvement projects. Policy Guidelines Fiscal Year 2002 Page 6 User fees and charges in the General Fund shall be established to cover not less than the following percentages of direct operating costs (excluding debt service). DEPARTMENT/DIVISION Leisure Services Department Recreation Division Adult Athletics* Children's Activities Therapeutic Recreation Recreation Classes Swimming* Golf* Park Division Civic Center Division** Library Department Airport Department w/abated debt Building Services Division Planning Services Department Health Services Department Food/Environmental Insp. Animal Control Housing Services Department General Housing Inspection FY1998 FY1999 FY 2000 FY 2001 FY 2002 ACTUAL ACTUAL ACTUAL ADOPTED RECOM'D PERCENT PERCENT PERCENT PERCENT PERCENT 91.3 85.6 86.0 87.0 87.0 57.2 62.1 61.3 58.0 58.0 11.4 14.6 15.3 18.0 18.0 45.2 41.5 46.7 42.0 42.0 76.5 95.4 86.4 83.0 83.0 99.2 100.0 100.0 100.0 100.0 14.9 10.4 12.2 10.0 11.0 42.8 41.1 48.0 45.0 45.0 8.6 9.4 8.3 9.0 8.0 87.2 86.7 79.8 85.0 85.0 71,9 87.4 83.7 70.0 80.0 7.8 11.4 10.7 10.0 10.0 56.7 56.8 66.8 68.0 68.0 82.0 90.7 100.0 90.0 90.0 51.9 51.3 50.9 51.0 51.0 * Includes an amount to help cover indirect costs (administration) ** Excludes Self-Promotion Activity 13. OUTSIDE FUNDING Discussion The purpose of this guideline is to establish the policy that the City should aggressively pursue outside funding to assist in financing its operating and capital budgets. However, the long-term commitments required for such funding must be carefully evaluated before any agreements are made. Commitments to assume an ongoing increased level of service or level of funding once the outside funding ends must be avoided. Policy Guidelines Fiscal Year 2002 Page 7 Guideline In order to minimize the property tax burden, the City of Dubuque will make every effort to obtain federal, state and private funding to assist in financing its operating and capital budgets. However, commitments to guarantee a level of service or level of funding after the outside funding ends shall be avoided. 14. GENERAL FUND OPERATING RESERVE OR WORKING BALANCF Discussion An operating reserve or working balance is an amount of cash which must be carried into a fiscal year to pay operating costs until tax money or other anticipated revenue comes in. Without a working balance there would not be sufficient cash in the fund to meet its obligations and money would have to be borrowed. Working balances are not available for fundinq a budget; they am required for cash flow (i.e., to be able to pay our bills before taxes are collected). The rule of thumb the state recognizes for determining a reasonable amount for a working balance is (a) anticipated revenues for the first three months of the fiscal year less anticipated expenditures or (b) 5% of the total General Fund operating budget (excluding fringes and tort liability expense). However, in discussions with Moody's Investor Service a factor of 10% was recommended for Aa rated cities. This is due to the fact that a large portion of our revenue sources are beyond our control and therefore uncertain. In the case of Dubuque, 10% represents approximately $2,386,000. Guideline The guideline of the City of Dubuque is to maintain a General Fund working balance or operating reserve of 10% of the total General Fund Operating budget requirements or approximately $2,386,000 for FY 2002. 15. USE OF UNANTICIPATED, UNOBLIGATED, NONRECURRING INCOMF Discussion Sometimes income is received that was not anticipated and was not budgeted. Often this money is not recurring and reflects something which happened on a one-time basis to generate the "windfall". Nonrecurring income must not be spent for recurring expenses. To do so causes a funding shortfall the next budget year before you even start budget Policy Guidelines Fiscal Year 2002 Page 8 preparation. Several Iowa cities are in financial trouble because they spent nonrecurring money for recurring expenses. Nonrecurring expenditures would include capital improvements and equipment purchases. Guideline Nonrecurring unobligated income shall be spent only for nonrecurring expenses. Capital improvement projects and major equipment purchases tend to be nonrecurring expenditures. 16. USE OF "UNENCUMBERED FUND BALANCES" Discussion Historically a budget is not spent 100% by the end of the year and a small unencumbered balance remains on June 30th. In addition, income sometimes exceeds revenue estimates resulting in some unanticipated balances at the end of the year. These amounts of unobligated year end balances are in turn "carried over" into the new fiscal year to help finance it. The FY 2000-01 General Fund budget which went into effect July 1st anticipated a "carryover balance" of $200,000 or approximately 2% of the General Fund. For multi-year budget planning purposes, these guidelines assume a carryover balance of $200,000 in FY 2002 through FY 2006. Guideline The available carryover General Fund balance to help finance the budget and to reduce the demand for increased taxation shall be anticipated not to exceed $200,000 for FY 2001-02 and beyond through the budget planning period. Any amount over that shall be programmed in the next budget cycle as part of the capital improvement budgeting process. 17. PROPERTY TAX DISCUSSION Assumptions - Resources Unencumbered funds or cash balances of $200,000 will be available in FY 2002 and each succeeding year to support the operating budget. In Fiscal Year 2002, an additional amount of $145,878 in Pension Fund excess cash balance will be used for retirement expense and free up tax support for the additional police officers added in Fiscal Year 1994. Policy Guidelines Fiscal Year 2002 Page 9 State shared revenues will continue at the actual FY 2000 level of receipts, except Machinery and Equipment Replacement taxes which are anticipated to be eliminated in FY 2002. Hotel/motel tax receipts will increase 2.5% per year over FY 2000 actual receipts. FTA and State Transit operating assistance will continue at the actual FY 00 levels of $501,000 and $149,700 respectively. Miscellaneous revenue, excluding state shared revenues, has been estimated at 2% growth per year over Budgeted FY 2001. Revenues generated from Dubuque Greyhound Park have been estimated based on the actual Fiscal Year 2000 level of activity for FY 2002 and held constant in the out years. Riverboat related receipts also reflect FY 2000 actual receipts and are estimated at $605,000 from the 50 cent admission fee and $252,000 from of 1% of adjusted gross receipts. Interest earnings from the Self-Insurance Reserves (Health and Workers' Compensation) will continue to be used to reduce tax askings for fringe benefit expense. In addition, $120,000 in cash balance is being used each year for the next five years to reduce the Health Self-insurance Reserve Fund balance based on recommended reserves. The residential rollback factor has been adjusted from 54.8525% to 56.2651% or an increase of 2.15% for FY 2002. An increase of 2.5% has been estimated for Fiscal Years 2004 and 2006, the off years of equalization orders. Assessed valuations were increased 2% per year beyond FY2002. Machinery & Equipment valuations have been reduced per the League of Iowa Municipalities estimate and state replacement revenue has been eliminated per the State's projection. Debt Service Fund balances will be used over the next four years to reduce property tax support for General Obligation debt service related expense. No additional property tax supported General Obligation debt is anticipated in the Five Year Projection. Policy Guidelines Fiscal Year 2002 Page 10 Sales tax projections anticipate 50% of four quarterly payments in the General Fund for property tax relief. Sales tax projections for FY 2002 have been estimated to increase 5% per year over actual FY 2000 revenues. In Fiscal Year 2002 and beyond, 75% of the revenue from the Downtown TIF District is anticipated to be used for downtown development projects in order to support additional downtown parking, gateway improvements and plaza amenities. To the extent these funds are not required to support debt payments or project expense, the excess will be distributed per state code to each taxing body. For purposes of budget projections only, it is assumed that property taxes will continue to increase at a rate necessary to meet additional requirements over resources beyond Fiscal Year 2002. Assumptions - Requirements a. A wage adjustment is reflected in the projections for FY 2002 and each succeeding year. No increase is anticipated in FY 2002 for health insurance over the FY 2001 budgeted rates. Estimates for FY 03-06 have been increased by 5% per year. The rates being charged to departments have been decreased by $120,000 to reduce the Self-Insurance Reserve Fund balance as noted above. General operating supplies and services are estimated to increase 2.5% over budget in FY 2002 and succeeding years. d. Electrical energy expense is estimated to increase 2.5% per year over FY 2000 actual expense. e. Natural gas expense is estimated to increase 30% over FY 2000 actual plus 13% for degree day adjustment. The Convention and Visitors Bureau contract (including the Land of Festivals) will continue at 50% of actual hotel/motel tax receipts. Equipment costs are estimated at 2.5% per year over FY 2000 actual, however, the final budget recommendation will be based on need, not on a percentage over prior years. h. Debt service is estimated based on no additional General Obligation bond sales in FY 2002 - 2006. Policy Guidelines Fiscal Year 2002 Page 11 Unemployment insurance expense has been maintained at $15,000 per year. Motor vehicle fuel expense has been increased from 8 to 15% over FY 2000 actual expense and motor vehicle maintenance expense by 2.5% per year. Postage rates are estimated to increase 2.5% per year over FY 2001 budgeted expense. IMPACT ON AVERAGE RESIDENTIAL PROPERTY - EXAMPLE ACTUAL-PAST HISTORY FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FY 1994 FY 1995 FY 1996 FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 "City" Property Tax "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax CITY TAX CALCULATION $ 453.99 $ 449.94 $ 466.92 $ 483.63 $ 508.73 $ 510.40 $ 522.65 $ 518.10 $ 515.91 $ 512.25 $ 512.25 $ 511.38 $ 511.38 PERCENT DOLLAR INCREASE INCREASE - 11.4% -$58.51 .9% - $ 4.O5 + 3.8% +$16.98 + 3.6% +$16.71 + 5.0% +$ 5.10 + .3% +$ 1.51 + 2.4% +$12.41 .9% - $ 4.54 .4% - $ 2.19 .7% - $ 3.66 .0% - $ 0.00 .2% - $ 0.87 0.0% $ 0.00 PROJECTION. FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax CITY TAX CALCULATION $ 511.38 $ 517.34 $ 548.53 $ 558.99 $ 582.89 PERCENT DOLLAR INCREASE INCREASE + 0.00% +$ 0.00 + 1.17% +$ 5.96 + 6.03% +$ 31.19 + 1.91% +$ 10.47 + 4.27% +$ 23.90 Policy Guidelines Fiscal Year 2002 Page 12 IMPACT ON COMMERCIAL PROPERTY - EXAMPLE ACTUAL-PAST HISTORY FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FY 1994 FY 1995 FY 1996 FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 "City" Property Tax "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax* "City" Property Tax "City" Property Tax CITY TAX CALCULATION. $2,106.42 $2,O86.5O $2,189.48 $2,280.18 $2,231.05 $2,250.15 $2,439.60 $2,439.6O $2,659.36 $2,738.43 $2,952.03 $2,934.21 $2,993.00 PERCENT DOLLAR INCREASE INCREASE - 15.4% - $ 384.00 .9% - $ 2O.OO + 4.9% +$ 102.98 + 4.1% +$ 90.70 2.2% -$ 49.13 + 0.9% +$ 19.10 + 8.4% +$ 189.45 + 0.0% +$ 0.00 + 9.0% +$ 219.76 + 2.97% +$ 79.07 + 7.8% +$213.60 O.6% ~$ 17.82 + 2.0% +$ 58.86 * Denotes year of State issued equalization order. PROJECTION FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax $2,910.25 $2,944.18 $3,O4O.43 $3,O98.44 $3,144.47 - 2.77% -$ 82.83 + 1.17% +$ 33.93 + 3.27% +$ 96.25 + 1.91% +$ 58.01 + 1.49% +$ 46.03 IMPACT ON INDUSTRIAL PROPERTY - EXAMPLE ACTUAL - PAST HISTORY FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FY 1994 FY 1995 FY 1996 "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax "City" Property Tax CITY TAX CALCULATION PERCENT DOLLAR INCREASE INCREASE $5,900.35 $5,844.55 $6,133.00 $6,387.05 $6,249.45 $6,302.95 $5,891.05 $5,891.05 -15.4% -$1,074.65 .9% -$ 55.80 + 4.9% +$ 288.45 + 4.1% +$ 254.05 - 2.2% -$ 137.60 + 0.9% +$ 53.50 - 6.5% -$ 4tl,90 + 0.0% +$ 0.00 CITY TAX PERCENT DOLLAR Policy Guidelines Fiscal Year 2002 Page 13 ACTUAL - PAST HISTORY (continued) CALCULATION FY 1997 "City" Property Tax $5,690.75 FY 1998 "City" Property Tax $5,700.56 FY 1999 "City" Property Tax $5,536.70 FY 2000 "City" Property Tax $5,358.00 FY 2001 "City" Property Tax $5,533.00 PROJECTION FY 2002 "City" Property Tax $5,380.42 FY 2003 "City" Property Tax $5,443.15 FY 2004 "City" Property Tax $5,621.10 FY 2005 "City" Property Tax $5,728.35 FY 2006 "City" Property Tax $5,813.45 INCREASE INCREASE - 3.4% -$ 200.30 + .17% +$ 9.81 -2.87% -$ 163.86 -3.23% -$ 178.70 +3.28% +$ 175.55 - 2.77% -$ 153.13 + 1.17% +$ 62.73 + 3.27% +$177.95 + 1.91% +$107.25 + 1.49% +$ 85.10 History of Increases in Property Tax Askings Fiscal Year "City" Property Tax Askin.qs (000) % Increase FY 1989 $10,918,759 -12.0% Sales Tax initiated FY 1990 $10,895,321 - 0.2% FY 1991 $11,553,468 + 6.0% FY 1992 $12,249,056 + 6.0% FY 1993 $12,846,296 + 4.9% FY 1994 $13,300,756 + 3.5% FY 1995 $13,715,850 + 3.1% FY 1996 $14,076,320 + 2.6% FY 1997 $14,418,735 + 2.4% FY 1998 $14,837,670' + 2.9% FY 1999 $15,332,806' + 3.3% FY 2000 $15,285,754 - 0.3% FY 2001 $15,574,467 + 1.9% *Without TIF Accounting change. Impact on Tax Askings and Average Residential Property To maintain the current level of service based on the previous assumptions will require the following property tax asking increases: Policy Guidelines Fiscal Year 2002 Page 14 "City" Property Year TaxAskinRs (000) % Increase % / $ Impact on Avg. Residential Property FY 2002 15,380 - 1.3% FY 2003 15,543 + 1.1% FY 2004 16,358 + 5.2% FY 2005 16,998 + 3.9% FY 2006 17,588 + 3.5% + 0.00%/+$ 0.00 + 1.17%/+$ 5.96 + 6.03%/+$ 31.19 + 1.91%/+$10.47 + 4.27%/+$ 23.90 Guideline The recommended guideline is to maintain no tax increase for the average residential property owner. Note: One percent increase in the tax rate will generate approximately $158,300 and a 1% increase in tax asking will generate approximately $155,700. cIP BUDGET GUIDELINES 18. INTEGRATION OF CAPITAL RESOURCES Guideline In order to obtain maximum utilization, coordination and impact of all capital improvement resources available to the City, state and federal block and categorical capital grants and funds shall be integrated into a comprehensive five year Capital Improvement Program (CIP) for the City of Dubuque. 19. INTEGRITY OF CIP PROCESS Guideline The City should make all capital improvements in accordance with an adopted Capital Improvement Program (CIP). If conditions change and projects are to be added and/or deleted from the CIP, the changes shall be made only after approval by the City Council. Policy Guidelines Fiscal Year 2002 Page 15 20, RENOVATION AND MAINTENANCE Guideline Capital improvement expenditures should concentrate on renovating and maintaining existing facilities to preserve prior community investment. 21. NEW CAPITAL FACILITIES Guideline Construction of new or expanded facilities which would result in new or substantially increased operating costs will be considered only if: 1) their necessity has been clearly demonstrated; 2) their operating cost estimates and plans for providing those operating costs have been developed; 3) they can be financed in the long term; and 4) they can be coordinated and supported within the entire system. 22. COOPERATIVE PROJECTS Guideline Increased efforts should be undertaken to enter into mutually beneficial cooperative capital improvement projects with the County, school district and private groups. Cost-sharing to develop joint use recreation facilities and cost- sharing to improve roads and bridges are examples. 23. USE OF GENERAL OBLIGATION BONDS Discussion The Iowa Constitution limits the General Obligation debt of any city to 5% of the actual value of the taxable property within the city. The Iowa legislature has determined that the value for calculating the debt limit shall be the actual value of the taxable property prior to any "rollback" mandated by state statute. The FY 2000-01 taxable value for calculating the debt limit is $2,095,515,187 which indicates a total General Obligation debt capacity of $104,775,619. Outstanding G.O. debt (including tax increment debt) on June 30, 2001 will be $18,724,809 (18%) leaving an available debt capacity of $86,050,810 (82%). Policy Guidelines Fiscal Year 2002 Page 16 As we approach the preparation of the FY 2002-2006 Capital Improvement Program (CIP) the problem is not our capacity to borrow money but (a) how to identify, limit and prioritize projects which justify the interest payments and (b) how to balance high priority projects against their impact on the property tax rate. Guideline There are many high priority capital improvement projects which need to be constructed during the FY 2002-2006 period. Most of these projects will be possible without borrowing the money (i.e., selling bonds) to help finance them. This is based on the plan approved by City Council in 1997 that shifts Road Use Tax funds from the operating budget to the capital budget and uses DRA distributions of annual net surpluses to the City for capital improvements. In determining whether a project should be financed in total or in part from bond funds the City Council must consider and balance off: (a) the community impact of not doing the project (poor streets, deteriorated park buildings, sewer problems, higher operating costs); (b) possible operating budget cuts to offset higher debt service payments; (c) anticipated interest rate; and (d) the impact on the tax rate and taxpayer of issuing the bonds. 24. ROAD USE TAX FUND Discussion Actual Road Use Tax Fund FY 1985- $2,069,065 FY 1986- $2,207,467 FY 1987- $2,259,436 FY 1988- $2,379,592 FY 1989- $2,617,183 FY 1990-$3,037,587 FY 1991 -$3,122,835 FY 1992-$3,119,087 receipts are as follows: FY 1993-$3,121,357 FY 1994- $3,343,678 FY 1995- $3,484,524 FY 1996- $3,841,921 FY 1997- $3,977,528 FY 1998- $4,072,296 FY 1999-$4,415,192 FY 2000-$4,671,656 The FY 2001 budget was based on receiving $4,689,000 in Road Use Tax funds. In FY 2001,46.6% of the Road Use Tax income is in the operating budget. In FY 1997, the City Council adopted a plan to shift Road Use Tax funds from the operating budget to the capital budget at a rate of $250,000 per year. As of FY 2001, $940,000 of Road Use Tax fund expense had been shifted to the General Policy Guidelines Fiscal Year 2002 Page 17 Fund per the guideline. The increase in the tax askings from this shift has been offset by reduced debt service expense. Shifting additional funds was discontinued in FY 2001, and $60,000 was actually shifted back to Road Use Tax funds. This change reflected the continued growth of gaming receipts and recognition that this appeared to be a much more certain revenue stream that could be used to support the CIP budget. Guideline Since FY 1997 Road Use Tax funds have been shifted to the capital budget for street maintenance and repair to reduce the need to borrow funds for routine street maintenance and improvements. This shift will not occur again until such time as there is increased revenues or reduced expense that would allow this shift without a property tax impact. 25. COMMERCIAL AND INDUSTRIAL DEVELOPMENT 26. 27. Guideline Current City, commercial and industrial development efforts should be continued to (a) preserve current jobs and create new job opportunities and (b) enlarge and diversify our economic base. Financing these efforts and programs should continue to be a high priority for Community Development funding. HOUSING Guideline In order to maintain an adequate supply of safe and decent housing, the City should strive to preserve existing single family and rental housing and provide opportunities for development of new housing within the City's corporate limits for all citizens, particularly for people of Iow and moderate income. SALES TAX Guideline Thirty percent of projected sales tax receipts will be used for: (a) the reduction by at least 75% of street special assessments and (b) the maintenance and repair of streets. Twenty percent will be used for: (a) the upkeep of City-owned property such as sidewalks, steps, storm sewers, walls, curbs, traffic signals and signs, bridges and buildings and facilities (e.g., Airport, Five Flags Center, Policy Guidelines Fiscal Year 2002 Page 18 Library, Law Enforcement Center, City Hall, fire stations, parks and swimming pools); (b) Transit equipment such as buses; (c) riverfront and wetland development; and (d) economic development projects. 28. 29. NET CASH PROCEEDS (SURPLUS DISTRIBUTION) FROM THE DUBUQUi RACING ASSOCIATION The contract with the Dubuque Racing Association calls for distribution at the end of its fiscal year (November) of 50% of its net cash operating funds to the City of Dubuque. In mid-December, the City will receive an unaudited estimate of proceeds to be distributed. These proceeds will then be allocated beginning with the next fiscal year through the capital improvement process with the highest priority given to reducing the City's annual borrowing. In addition, the Dubuque Racing Association provides the City with projections of future distributions since gaming is a highly volatile industry the estimates are discounted prior to including them in the City's Five Year CIP. One hundred percent of the 2001 projections of operating surplus have been anticipated as resources to support the Fiscal Year 2002 capital improvement projects. This level has been maintained for the Fiscal Year 2003 resource estimate and then has been reduced from 100% to 85% of the year 2003 projected surplus for FY 2004, 70% for FY 2005, and 55% for FY 2006 resources. This is the same assumption used to prepare the Fiscal Years 2001- 2005 CIP. Guideline In Fiscal Year 2002, the City anticipates distribution of a significant amount of net cash proceeds for use in the Capital Improvement Program. These amounts will be budgeted in the Five Year CIP and will be used to reduce required General Obligation borrowing. EMPHASIS ON INITIATIVES THAT REDUCE FUTURE OPERATING BUDGb ~ EXPENSE Guideline Capital improvement expenditures that will reduce future maintenance and operating expense will receive priority funding and these type of initiatives will be encouraged in all departments and funding sources as a means of maximizing the use of available resources. This emphasis reflects fiscally responsible long range planning efforts. Policy Guidelines Fiscal Year 2002 Page 19 30. USE OF GAMING RELATED RECEIPTS Guideline The amount of total gaming receipts from taxes and rent committed annually in support of the annual operating budget is one-third of the total gaming tax and lease revenues. It is felt that a fiscally sound policy is to continue to commit two thirds of the gaming revenues to the capital budget, thereby providing a cushion for future years, when gaming revenues may again fluctuate with the local economy. Should gaming revenues begin to decline, the capital budget projects can either be eliminated, deferred or funded from some other source if they are a high priority. To the extent possible within the property tax guideline, the City will minimize dependence on gaming revenues in the operating budget. TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Hospital Signage - US 20/Dodge Street In response to a letter from Greater Dubuque Development Corporation Assistant Director Dan McDonald, Public Works Director Mike Koch is recommending that a letter be sent to the Chairperson o£the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20. I concur with the recommendation and respectfully request Mayor and Cit~, Council approval. M chael C. Van Miliigen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director Dan McDonald, Assistant Director, Greater Dubuque Development Corporation CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director /,~ Hospital Signage - US 20/Dodge Street INTRODUCTION This is in a response to a letter from Mr. Daniel McDonald, Assistant Director of the Greater Dubuque Development, regarding the existing signage for Mercy and Finley Hospitals along the US 20/Dodge Street Corridor. DISCUSSION The City and IDOT began working on the issues of signage along the planned US 20 corridor several years in advance of the actual construction. There were several meetings with the two hospitals in regard to the type of access to the hospitals, as well as the proposed signage. City staff was in agreement with the hospitals in looking for additional signage to include both names of the hospitals, and to sign both exits at the Hill/Bryant Street and at the Grandview Avenue exits. Even after the US 20 project was completed, the hospitals expressed concerns in regard to the existing signage. The existing signage has been found to be confusing to unfamiliar motorists utilizing Highway 20. There have also been cases where emergency vehicles from surrounding areas have inadvertently wound up at the wrong hospital on an emergency run. The City's latest letter to IDOT requesting improvements to the signage was on March 17, 1998, a copy of which is attached. Attached are also several letters of Mercy Medical Center and the Finley Hospital in support of the improved signage. Despite the City's requests, IDOT denied the City's request on the basis that hospital signs on state highways are intended for motorists who would not be typically familiar with an area, and are seeking emergency medical services at the nearest hospital. The signs are not intended for advertising, nor for the nor for the benefit of patient visitors. For this reason, only the generic message of "Hospital" is allowed on state highway signs. IDOT's denial stated that the signage along US 20 is consistent with other locations throughout the state, and in their opinion is adequate to meet the needs of the motorists for which the signs are intended. RECOMMENDATION City staff feels that additional signage, including the name of the two hospitals, and signage at both exits for the two hospitals would improve emergency response time as well as improving any confusion that now exists because the two hospitals are in such close proximity to each other along US 20. I would, therefore; recommend that the City Council direct a letter to the chairperson of the Department of Transportation Commission in support of the request to improve the hospital signage along the US 20/Dodge Street Corridor. MAK/vjd Office of the Mayor and City Council City Hail 50 West 13th Street Dubuque, Iowa 52001486~ November 29, 2000 Mr. Dan Wiedemeier Chair Iowa Department of Transportation Commission P.O. Box 928 Burlington, IA 52601 Dear Mr. Wiedemeier: I am asking your support for a signage change on Highway 20 in Dubuque. The City of Dubuque has two hospitals located along Highway 20 at two consecutive exits. Only the generic word "Hospital" is allowed on State highway signs. The existing signage has been found to be confusing to unfamiliar motorists and to ambulances that bring patients to Dubuque from the Tri-State area. There have been cases where emergency vehicles from surrounding areas have inadvertently ended up at the wrong hospital on an emergency rrm. Additional signage, including the names of the two hospitals, and signage at both exits for both directions for the two hospitals, would improve emergency response time and eliminate any confusion. Thank you for your assistance in this important matter. Sincerely, TMD:jh Enclosures cc: Mark F. Wan&o, Director, Iowa DOT City Council Michael C. Van Milligen, City Manager Barry Lindahl, Corporation Counsel Terrence M. Duggan Mayor Service People Integr/ty Responsibility Innovation Teamwork AUG-30-00. ~ ~ED 08:57 A~ FAX: PAGE ;July Z6, 2000 Michael C, Van Mifligen Ob/Manager Ob/of Dubuque 50 West ;L3th Street Dubuque, ~ 5200~. Dear Hike: During a recent interview with Daryl Barldow, President E CEO of East Dubuque Savings Bank, an important issue was brought to my afl~nfion. According t~ Hr. Bark~ow, signage for I~ubuque's regional hospitals on U.s. 20/Dodge Street not only confusing to residents from surrounding areas, bu~ a potential safet7 issue as well. ~r. Barklow believes tha~ s~gnage for bath Hero/Hospital and Finley Hosp tal s inadequate. Hr. Sarklow suggests that two (2) signs on the westt~und lane and (2) two slgna on t~e eastbound lane be a6ded and placed properly to inform motorists of the correct e~c ramps. ~n pa~cular, Mr. Ba~ow believes that each sign should not only indIcat~ "hospital," but the actual name (Hetty or Finley) as wail. [n addition, Hr. BarkJow believes that the signs should be placed ahead oftbe edsting locations ~o allow more time for motorists m comprehend the information. Hi.. Barklow J[;i~leve$ ~hat because Dubuque Is ~outed as a "regional medical center," more should be done to eliminate confusion for these not familiar w~ the area. Nr. Barklow also believes that there are potential safety issues. In fac~ Nr. Barklow's mother was recently taken ~o the wrong hospital by someone that was unfami~ar with the area. In shor~, Hr. Barklow believes that ~when seconds count' and an emergency room team is wa~ng at either Rnley or Nercy, it would be a shame if a patient was delivered ~o the wrong hospital - As was the case With hls mother. Thank YOU for considering Mr. Barklow% request. Please do not hesitate t~ contact me ~f ! can be of any assistance. Sincerely, Daniel HcDOnald Assistant Director Iowa Department of Transportati n Dyersville Maintenance Office Phone: (319) 875-2~75 14067 Route 136 N. (P.O. Box 325) FAX: (319) 875-2388 Dyersville, Iowa 52040 May 4, 1998 Ref. No. 451 Dubuque County Mr. Mike Koch, Public Works Dir. City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4845 Dear Mr. Koch: This letter is in response to your 3/17/98 request to modify the hospital signing along U.S. 20 in Dubuque. Hospital signs on state roads are intended for motorists who would not typically be expected to be familiar with the area, and who are seeking emergency medical services at the nearest hospital. For this reason, only the generic message of "hospital" is placed on state highway signs. The signing along U.S. 20 in Dubuque is consistent with the signing at other locations in the state and meets the stated intent for the signing, thus your request to modify the existing signs must be denied. Please call me if you have questions or comments. Sincerely, Arthur F. Gourley, P.E. AFG:slb cc: Steve Wilson, ECITC, Cedar Rapids .lnhn Sebastian, Engineering Division, Ames mg Division ,t ]3th Street aque, Iowa 52001-4864 ~lce (319) 589-4270 ax (319) 589-4149 March 17, 1998 Art Gourtey, P.E. Resident Maintenance Engineer Iowa Department of Transportation Dyersville Maintenance Residency P.O. Box 325 DyersviIte, lA 52045 RE: Additional Hospital Signage along U.S. 20 Dear Art: Ever since the opening of U.S. 20, both Mercy Health Center and the Finley Hospital have been asking for additional signage from U.S. 20 to their institutions. Both the City and I.D.©.T. early in the project development worked with these hospitals to establish the distinction between highway hospital signage for "emergency conditions" as opposed to advertising or destination signage for such institutions. Both hospitals continue to recognize that distinction, however, they are pointing out a problem which has erupted over the close proximity of the two exit ramps from U.S. '20. The close proximity is causing confusion among ambulance drivers and other emergency response vehicle operators in not knowing which of the two hospitals they are being directed to by the signage. Enclosed is a March 5, 1998 letter from Mercy Health Center which I believe outlines the problem in substantial detail. There have been actual cases where unfamiliar ambulance drivers have been in radio contact with the emergency rooms of one of the hospitals, only to find themselves having taken the wrong exit from U.S. 20 and therefore winding up at the wrong emergency center which of course was not prepared for the emergency. The City believes there is merit to this scenario, and we have also received similar complaints from the general public. Service People Integrity Responsibility Innovation Teamwork Art Gourley, P.E. March 17, 1998 Page 2 The City concurs that there is a problem with the existing signage and there is documentation that such occurrences of ambulance drivers showing up at the wrong hospital. Because of the emergency nature of these situations, I fully support the hospitals' request. Enclosed is a drawing prepared by the City which I feel may correct the existing emergency response problem and provide a distinction between the two hospital exits. I would therefore request your full consideration of this request made on behalf of the general public and the emergency health care providers not totally knowledgeable of the changes which came as a result of the Hill Street and Bryant Street Connectors to U.S. 61. MAK/ksa CC: Sincerely, Michael A. Koch Public Works Director Tim Moerman, Assistant City Manager Bill Schlickman, Traffic Engineering Assistant -- /MERCY HF LTH CENTER 250 Mercy Drive .. Dubuque, Iowa 5200-1 ,. 319/589-8000 September24, 1997 Michael Koch City Engineer City Hall Dubuque, Iowa 52001 Dear Mike: On behalf of Mercy Health Center, I appreciate you and Bill taking the time to meet with Toby Wisecup and Jim Schroeder. As Toby and Jim have conveyed to you, since the completion of the Highway 20/Dodge Street corridor, many people using this route have experienced difficulties finding Mercy. It is important to note that many people who visit or come to Mercy for services are elderly or maybe ill, many are operating under great stress, and many of our rural ambulance services volunteers are also unfamiliar with our campus. For many this is just a matter of inconvenience, but for others it can be catastrophic, especially for those requiring a level of service only we provide. We have taken measures of our own to improve signage and to educate people on how to get to Mercy, but we need additional help. We suggest that directional signage identifying Mercy be installed east and west of the Hill/Bryant Exit. In addition, directionhl Hospital signage on the Hill/Bryant Exit ramp and corrected directional Hospital signage on the Hill Street Exit would be very helpful to those trying to find our campus. Mercy appreciates your consideration of this effort to improve the safety and convenience of the community we are all committed to serve. Sincerely, Sister Helen Huewe, O.S.F. President/CEO HE4LTH CENTER 250 Mercy Drive '. Dubuque, Iowa 52001 · 319/589-8000 March 5, 1998 Michael Koch, City Engineer City Hall Dubuque, Iowa 52001 Dear Mr. Koch, I want to thank you for your willingness to once again review the issue of signage to the Dubuque hospitals from Highway 20/Dodge Street. Currently signs that say only "hospital" are directing eastbound motorists to The Finley Hospital and westbound motorists to Mercy Health Center. Dubuque has a unique situation with its two hospitals only a few blocks apart and access to each just one exit apart on Dodge Street. This creates problems for people trying to get to each hospital. Most ambulance drivers, including those for the rural Emergency Medical services, are now familiar with the exits. However with volunteers staffing many of the services in our rural communities, staff turnover occasionally results in unfamiliar drivers. Also as a regional health care center, Mercy regularly receives patient transfers from a large outlying area. Ambulance drivers have reported their frustrations with signage and difficulty reaching Mercy. Delays could be detrimental to outcomes for critical patients. Family members often come to the hospital in their own vehicles while their patient is being transported by ambulance. Some do not understand the signage and arrive at one hospital while their patient arrives at the other. Many people coming to the hospitals for services are elderly or may be ill. Many are driving to the hospital under great stress, perhaps arriving in the last stages of labor prior to giving birth or driving a loved one with chest pain or stroke symptoms to the hospital. In many cases their physicians have instructed them to come to the emergency room, the physician plans to meet them there and hospital staff is prepared for their arrival. You can imagine the frustration and also the danger of arriving at the other hospital. Reaching a particular hospital as quickly as possible is more than just a convenience in some cases. Mercy Health Center offers some services not available elsewhere in the community. Examples are complete cardiac services, a heart lung bypass machine for severn chest trauma or open heart surgery and a neonatal intensive care unit. When these services are specifically needed, time is critically important and reaching this hospital is essential. Michael Koch, City Engineer March 5, 1998 Page Two I believe there is a Workable solution that I would like you to consider. For westbound motorists, place a sign east of the Hill/Bryant exit that would say: "Mercy Health Center this exit/The Finley Hospital next exit." For eastbound motorists, place a sign west of the Fremont/Grandview exit that would say: "The Finley Hospital this exit/Mercy Health Center next exit." This would require no more signs than now, just clearer information. I appreciate your consideration of this important matter, and I will look forward to hearing from you. Sincerely, / Russell M. Knight President and CEO CITY OF DUBUQUE, IOWA MEMORANDUM D ,m ecember 1~, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Dubuque Signage on 1-80 in Scott County Dubuque Area Chamber of Commeme Director of Business and Government Affairs Dan Walsh requests City support for their December 13, 2000 letter to the Iowa Depamnent of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 East and West at the U.S. Highway 61 interchange in Scott County. I respectfully recommend Mayor and City Council approval of the request. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager D U El U Q U E A R E A CHAMBER OF COMMERCE TO: FROM: RE: DATE: MEMORANDUM Mike Van Milligen - City of Dubuque Mike Koch- City of Dubuque Dubuque County Board of Supervisors Dan Waish' Dubuque signage on 1-80 in Scott County December 13, 2000 Attached for.your review is a draf~ letter that our chamber would like to send to the Iowa Departmant of Transportation regarding s~gng~ge for Dubuque on Interstate 80 at the U.S. Highway 61 interchange in Scott County. After several conversations with II)OT staffers (Steve Wilson and Jotm Sebastian) and city (Mike Koch) and cotmry representatives (Jim Wailer and Mark Jobgen), I have been told'that such a letter is the best way ro get the bail roll/rig on this effort. I am submitting this letter to each of your respective governing authorities for a formal or informal approval of the use of your endorsement in this letter and the effort to get Dubuque signage on 1-80. If you have any questions, please feel free to contact me. 770 TOWN CLOCK PLAZA P.O. BOX 705 DUBUQUE, iA 52004-0705 (319) 557-9200 FAX (319) 557-1591 e-maih off[ce~ dubuquechamber, com web site: http://www, dubuquechamber, com DUBUQUE AREA CHAMBER OF COMMERCE December 13, 2000 Mr. Steve Wilson Iowa Department of Transportation 430 16th Ave. SW Cedar Rapids, IA 52406 Dear Mr. Wilson: On behalf of the Dubuque Area Chamber of Commerce and the Dubuque Convention and Visitors Bureau, I would like to request that the Iowa Department of Transportation ClDOT) consider adding "Dubuque" to the signs on Interstate 80 East and West at the U.S. Highway 61 interchange in Scott County. In the early 1990's our chamber approached the IDOT and asked for shnilar consideration. We were told by DOT staffto resubmit our request when a four-lane U.S. 61 linked 1-80 to Dubuque. Since the completion of the four-lane highway between Dubuque and Davenport last year, we feel that now is the perfect time to address tiffs signage issue with the state DOT. tt is important to note that tln_is request has the support of the City of Dubuque, the County of Dubuque and numerous civic organizations along with our Chamber of Commerce. The public and private support for such signage stems from the commitment our community has made to draw attention to the numerous attractions and visionary developments in the Dubuque area to visitors within the state of Iowa and throughout the country. Our Chamber has made the commitment to coordinate this effort. If you have any questions, our staff is willing to provide you with any information you require. Thank you for your consideration of this request. Sincerely, Richard J. Young Chairman of the Board Cc: Dubuque City Council Dubuque County Board of Supervisors Mark Wandroo - IDOT Director 770 TOWN CLOCK PLAZA P.O. BOX 705 DUBUQUE, IA 52004-0705 (319) 557-9200 FAX (319) 557~1591 e-mail: chamber@mwci.net web site: http://www, dubuque,org. December 5, 2000 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT The Honorable Terrance Duggan Mayor, City of Dubuque City Hall 1305 Central Avenue Dubuque, IA 52001 SUBJECT: Master Contract Number 98-HMS-135 Funding Agreement Number 98-HMS-135-21 Amendment Number 3 -- Amendment Effective Date November 29, 2000 Dear Mayor Duggan: The Iowa Department of Economic Development (IDED) hereby amends the above referenced HOME Investment Partnership Program Master Contract and Funchng Agreement by revising the completion date and extending the performance period to June 30, 2001. Therefore, said Master Contract and Funding Agreement by and between the Iowa Department of Economic Development ("Department or IDED") and the City of Dubuque ("Recipient") is amended as of the date stated, above as follows: ~, : : . :: ) ;:: Amend each Article:in the Master Contract and FundingAgreement that refers to "Exhibit A" to "Exhibit ~ as mended." The following amendments will be made to the Funding A~reement: Amend Article 1.1 TIME OF PERFORMANCE. by revising the completion date and extending the performance period to June 30, 2001. Amend Article3.1 DOCUMENTS 1NCORFORATED BY REFERENCE. by changing the Funding Agreement Exhibit A Program Schedule date to June 30, 2001. Except as otherwise revised above, the terms, provisions, and conditions of the Master Contract and Funding Agreement remain unchanged and are in full force and effect. Project Manager Attachment z: ~:i; ~: Joleen Patterson4 Housfug Services Division; City 0fDubuque Dennis Brehm, II)ED Fiscal : :'File(AC) ·': THOMAS J. VILSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR C.J. Niles, Direc~or* 200EastGrandAenue · DesMoine~,Iowa50309-I827o 515.242.4700. Fax:515.242.4809 info@ided.state.ia~us · TT~ 1.800.735.2942 ° www. state3a.us/ided IOWA HOME PROGRAM NAME OF RECIPIENT: City of Dubuque AGREEMENT #: 98-HMS-135-2t IOWA HOME PROGRAM SCHEDULE EXHIBIT A ACTIVITY #21: REHABILITATION FOR RENTAL ($15,000 - $40,000) ACTIVITY #21: REHABILITATION FOR RENTAL ($15,000 - $40,000) Rehabilitation of twenty (20) rental housing units within a target area of the City of Dubuque. June 30, 2001 Ten (10) Years OTHER HOME FUNDS TOTAL ELIGIBLE ACTIVITY SOURCE OF FUNDS PROJECT FEDERAL STATE PROJECT HOME MATCH FUNDS FUNDS FUNDS BUDGET FU-'NDS Activity #21: [DED - HOME $I42,893 $57,107 $200,000 Rehabilitation for Rental $15,000 - $40,000) City of Dubuque - RRP $50,000 $50,000 $50,000 Owner Match $300,000 $300,000 Activity #90: IDED - HOM3E $20,000 ! $0 $20,000 Adrrdnistration TOTAL ALL FUNDS $350,000 $162,893 $57,107 $570,000 $50,000 ~ental Rehabilitation Program program income. g:\proj ect s\bc fkreciplent skhomekHomeExhibit A.xls RESOLUTION NO. -00 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 Tobacco Outlet Plus # 564 Grandview Milk House Kwik Trip, Inc. James T. Jacobsen 66 W. 32nd St. 620 S Grandview Passed, approved and adopted this 18th day of December, 2000 Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk 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 Ordinance 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 United Automobile Workers #94 UAW Local # 94+(Sunday Sale) CLASS "C" BEER PERMIT Molo Oil Co. Angel Investment Com Rainbo Oil Com. Rainbo Oil Corn Kwik Trip, Inc Big 10 Mart+(Sunday Sale) Casey's General Store+(Sunday Sale) Kwik Stop+(Sunday Sale) Kwik Stop+(Sunday Sale) Tobacco Outlet Plus+(Sunday Sale) Passed, approved and adopted this 18th day of December, 2000. 3450 Central Ave 9th & Central Ave 2699 Rockdale Rd 4039 Pennsylva~fia 2320 Hwy 61 66 W. 32nd St Attest: Jeanne F. Schneider City Clerk. Terrance M. Duggan Mayor RESOLUTION NO. -00 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 Ordinance 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. Kinseth Hotel Corp Design Center, Inc. L & M Wharf Corp. David H. Hoffman CLASS "B" BEERfLIQUOR LICENSE Holiday Irm 5-Flags+(Sunday Sale) Julian Inn+(Sunday Sale) CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Michael's Bar-X+(Sunday Sale) The White House 450 Main St 200 Main St 2616 Windsor 450 W. Locust Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan Mayor Attest: Jeanne F. Schneider City Clerk