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3 5 01 City Council Agenda PacketCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, MARCH 5, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Msgr. David Wheeler, St. Mary's Catholic Church CONSENT ITEMS (See Pages 4 - 10) The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. PUBLIC HEARINGS SUSPEND THE RULES Oak Street Sanitary Sewer Extension Project Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Tschiggfrie Excavating in the amount of $106,092. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Tschiggfrie Excavating in the amount of $106,092 Suggested Disposition: Receive and File; Adopt Resolutions Oak Street - NVN Oak Street Staff Oak Street Oak Street Bid Hemo Memo Resolutions Tab Amendment to Stout Place Urban Revitalization District (iowa Inn Project) Proof of publication on notice of hearing to consider an amendment to the Stout Place Urban Revitalization District (Iowa Inn Project). City Manager recommending approval of an amendment to the Stout Place Urban Renewal District to extend the duration for three years and an amendment to the Fiscal Year 2001 CommuniW Development Block Grant Annual Action Plan to provide for the allocation of unanticipated CDBG revenue to the rehabilitation of the Iowa Inn. ORDINANCE Amending City of Dubuque Ordinance establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa RESOLUTION Approving Amendment #3 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Motion B; MOtion A; Adopt Resolution Urban Revit - HVH U~ban Revit Staff Urban Revif~ Iowa Inn - UR Iowa Inn UP, Hap Nemo Memo Ordinance Plan FY 03. Actla~ Plan Action Plan FY 01 Ac'don Plan Request for Funds Iowa Inn Addi'donal Staff Memo Resoibtion Exh~it A Info Material from February 5, 2001 Meeting - To be Set for Hearing Stout Place-I~lV~ Stout Place-Staff Stout Hemo Memo Place-Resolution REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL 2 ACTION ITEMS Final Plat - Block 3 of Oak Meadows Second Addition City Manager recommending approval of the final plat of Block 3 of Oak Meadows Second Addition. RESOLUTION Approving the final plat of Block 3 of Oak Meadows Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Oak Meadows - MVM Oak Meadows - Staff Oak Meadows Oak IV~adows Memo Hemo Repor~ R~solution Amendments to the Historic Preservation Ordinance Communication of the Historic Preservation Commission and the Preservation Task Force recommending amendments to the Historic Preservation Ordinance. ORDINANCE Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Second Reading HPC Letter HPC Ordinance HPC Ordinance HPC Summa~ Revisions City Assessor'sOffice City Manager recommending that separate offices be maintained for the City Assessor and the County Assessor. Suggested Disposition: Receive and File; Concur Assessor - NVH ~sessor - Staff Supervisom Memo Budget Summary Bd OF Review Lt~ County Salades Memo Memo 28E Agreement Code of Iowa Section 3 Establishing Fair Market Value - The Aspermont Company City Manager recommending establishment of the Fair Market Value for the acquisition of certain real property owned by The Aspermont Company. RSOLUTION Establishing Fair Market Value for the acquisition of certain real property owned by The Aspermont Company Suggested Disposition: Receive and File; Adopt Resolution COUNCIL MEMBER REPORTS CONSENT ITEMS Minutes Submitted Cable TV Regulatory Commission of 2/14; Cable TV Teleprogramming Commission of 2/6; Civil Service Commission of 1/18 and 2/2; City Council Proceedings of 2/5 and 2/19; Five Flags Commission of 1/15 and 2/19; Housing Commission of 1/23; Library Board of 12/14 Proof of publication of Council Proceedings for 2/5 and 2/7 Suggested Disposition: Receive and File Cable Regulatory Cable Civil Service C'~vit Service Coundl 2-05 Coundl 2-19 Five Rags 2-19 Teleprogramming 2-02-01 Housing Ubrary Bcl = Notice of Claims/Suits Kevin Ament in estimated amount of 92,900.73 for vehicle damage; Ryan Foley in estimated amount of 9700 for vehicle damage; Carol Friedman in undetermined amount for personal injuries; James and Mary Kress in estimated amount of 92,580 for property damage; Bill Meyer in estimated amount of 9102.29 for vehicle damage; Richard Michels in estimated amount of 9314.98 for vehicle damage; Karla Schramm in undetermined amount for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Robert C. Hood, Jr. for personal injuries; Mackenzie Kylmanen for personal injuries; 4 Robert C. Hood, Jr. for personal injuries; Mackenzie Kylmanen for personal injuries; Gene A. Kramer for vehicle damage; Kelly Larson for vehicle damage; Lois Link for personal injury; Klm Mesch for vehicle damage; Monte Carlo Restaurant for loss of business; William A. Moore for vehicle damage; Nona Nigg for vehicle damage; Brian C. Noel for vehicle damage; Mary Oglesby for personal injury; Karla Schramm for vehicle damage; State Farm Insurance Companies for Timothy Grass for vehicle damage; Susan Walgamuth for vehicle damage Suggested Disposition: Receive and File; Concur Corporation Counsel recommending denial of the claim of Kathleen M. Kane for tire damage. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending settlement of the claims of Linda Sanford in the amount of $174.85 for vehicle damage; Cindy Hanten in the amount of 810.00 for property damage, and that the Finance Director be directed to issue the appropriate check. Suggested Disposition: Receive and File; Finance Director to issue checks Qaims - ICAP Claims - Denied Claims - Settled Patricia Ann Drive Extension Communication from Lloyd S. Gudenkauf requesting final approval and acceptance of the Patricia Ann Drive extension project. Suggested Disposition: Receive and File; Refer to City Manager Gudenkauf Lb' Request to Purchase - Mechanics Lot 138 Communication from Robert Cartmill, 505 Napier Street, requesting to purchase Mechanics Lot 138 from the City of Dubuque. Suggested Disposition: Receive and File; Refer to City Manager Oath'hill Lb' 5 Community Development Advisory Commission Communication from Sister Lynn Marie Fangman advising that she will not be reapplying for a position on the Community Development Advisory Commission. Suggested Disposition: Receive and File Sr Fangrnan Ltr Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising of an amendment to the City's HOME Investment Partnership Program Master Contract and Funding Agreement. Suggested Disposition: Receive and File IDED Lb' Dubuque Golf and Country Club Letter of appreciation from Donald H. Kelliher, General Manager of the Dubuque Golf and County Club, for the City Council's support of their request to reassign stop signs at Bradley and Rider Streets, and Perry and Rider Streets. Suggested Disposition: Receive and File KelJiher L~' Senate File 168 Communication of City Manager to area legislators urging their opposition to S.F. 168 which addresses the granting of additional cable television franchises in Iowa communities. Suggested Disposition: Receive and File; Concur SF 168 Legislative DelegatJon 6 = Senate File 31 and House File 4 Communication of City Manager to area legislators advising that the City of Dubuque does not support new mandates regarding the taxing authority of cities as proposed in SF 31 and HF 4. Suggested Disposition: Receive and File; Concur SF 31 and HF 4 Legislative Delegation 10. Plastic Center, Inc. - Acceptance of Warranty Deed RESOLUTION Accepting Warranty Deed for real estate in Dubuque County, Iowa from Plastic Center, Inc. Suggested Disposition: Receive and File; Adopt Resolution 11. 12. Penalties for Tobacco Permit Holders City Manager recommending that a hearing be set for March 19, 2001 for twelve businesses for underage tobacco sales. Communication of James M. Heckmann, representing the Midway Hotel, waiving the right to a public hearing and submitting payment in the amount of $300 in satisfaction of the maximum civil penalty that could be assessed at the hearing. Suggested Disposition: Receive and File; Hearing 3/19/01 PenalUes - HVH PenaEies - Staff Heckman Ltr Hemo Memo Leasing of Golf Carts City Manager recommending approval of a lease between the City and Harris Golf Cars for forty golf carts. Suggested Disposition: Receive and File 7 13. Golf Cart - ~ Golf Cart - Staff Memo Memo Local Housing Assistance Program Award City Manager recommending approval of a contract with the Iowa Department of Economic Development for a Local Housing Assistance Program (LHAP) award in the amount of 9100,000. Suggested Disposition: Receive and File; Approve LHAP - MVM Memo LHAP Staff Memo LHAP Contract 14. 15, Iowa Inn Rehabilitation Project City Manager recommending the publication of a combined notice of no significant impact on the environment and notice of intent to request release of funds for the Iowa Inn Rehabilitation project. RESOLUTION Authorizing publication of a combined notice of no significant impact on the environment and notice of intent to request release of funds for the Iowa Inn Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution Env Review - HVM Fnv Review - Env Review Env Review Iowa Inn - Release Memo St~f Memo Resol~on Exhibi~ A Fds Administrative Services/Financial Agreement Between the City and Delta Dental City Manager recommending approval of an Administrative Services and Financial Agreement between the City and Delta Dental Plan of Iowa for administration of the City's dental plan. Suggested Disposition: Receive and File; Approve Agreement Delta Dental - MVM Delta Dental - Staff Delta Dent~l Agr Memo Memo 8 16. 17. National Main Street Center - Grant Request City Manager recommending approval of a request from the City of Dubuque and Dubuque Main Street, Ltd., to the National Main Street Center for a consultation grant for the Downtown Vision process. Suggested Disposition: Receive and File; Approve Nail Hain St - MVH Natl Main St - Staff Nail Hain St - Letter Memo Memo Land and Water Conservation Fund Grant Application for Riprow Valley Recreation Area City Manager recommending approval of a Land and Water Conservation Fund (LWCF) grant application from the Iowa Department of Natural Resources for the Riprow Valley Recreation Area. RESOLUTION On acquisition or development for outdoor recreation Suggested Disposition: Receive and File; Adopt Resolution LWCF - MVH Memo LWCF - Sta~ Memo LWCF Resolution 18. Internet Banking City Manager recommending that the Administrative Services Manager, Finance Director and Assistant Finance Director be authorized to utilize Internet Banking on behalf of the City. RESOLUTION Authorizing certain designated fiscal officers of the City of Dubuque to utilize Internet Banking on behalf of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Intamet Banking - Intamet Banking Intemet Banking MVM Memo Staff Memo Resolution 9 19, Civil Service Commission Civil Service Commission submitting the certified list for the position of Water Distribution Foreman. Suggested Disposition: Receive and File; Make a Matter of Record 20. 21. Project Concern - Purchase of Service Agreement City Manager recommending approval of an amendment to the Purchase of Service agreement with Project Concern, Inc. Suggested Disposition: Receive and File; Approve PnY. leCt Concern - Project Concern Project Concem MVM Memo Staff Memo Agreement Business License Refund Request of Mulgrew Oil Company for a refund of their beer and liquor license in the amount of $50.00. Suggested Disposition: Receive and File; Approve Refund Refund 22. Business Licenses RESOLUTION Granting issuance of a Class "C" Beer Permit to Big 10 Mart RESOLUTION Granting issuance of a Class "B" (Hotel/Motel) Beer/Liquor License to Days Inn; and a Class =C" (Commercial) Beer/Liquor License to Cue Master Billiards, Finney's Bar & Grill, The Yardarm, and Galaxies Suggested Disposition: Adopt Resolutions Beer Resolution Uquor Resolution 10 PUBLIC iNPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. Jeanne F. Schneider 1:00 p.m. March 1, 2001 11 CITY OF DUBUQUE, IOWA MEMORANDUM February 27, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Oak Street Sanitary Sewer Extension Sealed bids were received for the Oak Street Sanitary Sewer Extension Project. Public Works Director Mike Koch is recommending award to the low bidder, Tschiggfrie Excavating, in the mount of $106,092. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation C6unsel Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM February 27, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ?\~ ~ Oak Street Sanitary Sewer Extension INTRODUCTION The enclosed resolution provides for the award of the Oak Street Sanitary Sewer Extension Project. DISCUSSION The project provides for the extension of approximately, 1,570 feet of 1-1/4" and 2" sanitary sewer forcemain pipe on Oak Street. This extension provides for the service to 6 homes currently on septic systems and 7 vacant lots. Sealed bids were received for the project on February 22, 2001. The results of the bidding process are as follows: Tschiggfrie Excavating Connolly Construction W.C. Stewart Construction ~106,092.00 107,085.00 113,254.80 The Iow bid submitted by Tschiggfrie Excavating of Dubuque, Iowa, is 9.41% over the engineer's estimate. The completion date for the project is September 28, 2001. RECOMMENDATION I would recommend that the City Council award the contract to Tschiggfrie Excavating of Dubuque, Iowa, in the amount of 9106,092.00. BUDGET The estimate for the project is as follows: Construction Contract Contingency Engineering Total Project Cost The project will be funded as follows: City Share ~Estimate Bid 96,970.00 8,881.00 14,653.65 $120,504.65 Connection Charge to Private Property Special Assessment to Private Property Total Funding ~106,092.00 8,881.00 14,653.65 $129,626.65 36,401.40 58,657,29 34,567,96 9129,626.65 The total City share for the project as now outlined is $95,058.69. The Fiscal Year 2001 City appropriation for the project is $114,000. ACTION REQUESTED The City Council is requested to adopt the attached resolution awarding the construction contract for the Oak Street Sanitary Sewer Extension to Tschiggfrie Excavating. MAK/vjd Prepared by Gus Psihoyos, Assistant City Engineer Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Oak Street Sanitary Sewer Extension Project pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of February, 2001. Whereas, said sealed proposals were opened and read on the 22th day of February, 2001, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $106,092.00 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 Tschiggfde Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk 0© O~ d oo~ CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Stout Place Urban Revitalization District Iowa Inn Project Due to a change in property ownership and resultant delay in rehabilitation of the Iowa Inn, Acting Community and Economic Development Director Pam Myhre is recommending an Amendment to the Stout Place Urban Revitalization Plan to extend the duration of that plan for three years. In addition, under an interpretation of the Low Income Housing Tax Credit Program, it was determined that the City's Special Purpose Program Loan to MetroPlains Development could not be included in the "qualified basis" for project funding. This had the effect of reducing the allowable tax credits by $165,000, producing a funding shortfall for the project in that amount. Because of the sale of the Cooper Wagon Works Building, the City of Dubuque Community Development Block Grant Program received an unexpected loan closeout payment of $263,239. To allow the Iowa Iun Project to proceed, Acting Community and Economic Development Director Pam Myhre is recommending a $165,000 Community Development Block Grant Loan to MetroPlains as a low-interest 15-year loan. This proposed amendment was approved by the Community Development Advisory Commission at a public hearing on February 15, 2001. I concur with the recommendations and respectfully request Mayor and City Council approval for the Amendment to the Stout Place Urban Revitalization Plan and to the City's Community Development Block Grant Fiscal Year 2001 Annual Action Plan. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Pamela Myhre, Acting Community & EconOmic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM February 27, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Pamela Myhre, Acting Com~ity & Economic De~6pment DirectorF"-- Amendment to Stout Place Urban Revitalization District Iowa Inn Project INTRODUCTION This memorandum submits for City Council review and approval an ordinance amending the City's Stout Place (Iowa Inn) Urban Revitalization Plan. The amended plan will extend the duration of the plan and updates information in the plan on property ownership and proposed rehabilitation of the property. BACKGROUND On Monday February 5, 2001, the City Council received the attached memorandum recommending an anaendment to the City's Stout Place/Iowa Inn Urban Revitalization Plan. The council acted to set a public hearing on March 5, 2001. Notice of the public hearings has been published as provided in the Iowa Code. As provided in the City Code of Ordinances, the proposed amendment was forwarded to the Long Range Planning Commission for review at the February 21, 2001 meeting. The Long Range Planning Commission did not meet due to failure to obtain a quorum. In December 1997, the Long Range Planning Commission reviewed and recommended approval of the Stout Place Urban Revitalization Area Plan and determined that the plan was consistent with the objectives in the Land Use and Urban Design, Housing and Human Services, and Public Safety elements of the Comprehensive Plan. DISCUSSION Attached to this memorandum is an ordinance which amends the Stout Place Urban Revitalization Plan. This amendment extends the duration of the plan for three years and updates information on the current owner (Metro Plains Development) and proposed rehabilitation of the property. RECOMMENDATION I recommend that the existing Stout Place Urban Revitalization District Plan be amended to extend the duration of the plan. ACTION The requested action is for the City Council to adopt the attached ordinance amending the Stout Place/Iowa Inn Urban Revitalization District Plan. F:\USERS\jocormor\wpdocs\Urban Revitalization\Urban Revite-Iowa Innhnemo.amendordinance Prepared by: Jerelvn O'Com~or, Neighborhood Development Specialist Address: 50 W. i3~ St.. City Hall Telephone: 589-4393 ORDINANCE NO. AN ORDINANCE AMENDING CITY OF DUBUQUE ORDINANCE #12-98 ESTABLISHING THE STOIfF PLACE/IOWA INN URBAN REVITALIZATION AREA TO EXTEND THE DURATION OF THE URBAN REVITALIZATION PLAN Whereas, the City of Dubuque Ordinance #12-98 established the Stout Place Urban Revitalization Area; and Whereas, the Stout Place Urban Revitalization Area Plan's duration will expire on March 16, 2001; and Whereas, due to a change in property ownership and resultant delay in rehabilitation of the Stout Place (Iowa Inn) development, an amendment to the Stout Place Urban Revitalization Plan is necessary to extend the duration of the plan; and Whereas, a public hearing has been held on this amendment to the Stout Place Urban Revitalization Plan, and all other requirements of the Iowa Code Chapter 404 have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amended Stout Place/Iowa Inn Urban Revitalization Plan hereto attached is hereby adopted and the properties within said described area shall be subject to the provisions of said Plan. Passed, approved, and adopted this 5th day of March, 2001. ATTEST: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk STOUT PLACE / IOWA INN URBAN REVITALIZATION PLAN November 1997 1.0 Introduction Amended March 2001 The State of Iowa, under Iowa Code Chapter 404, allows cities to designate areas as urban revitalization areas. Under this Act, improvements to qualified areas may receive a total or partial exemption fi-om property taxes for a specified number of years. The exemptions are intended to stimulate private investment by reducing the tax increase related to property improvements. Once an area is deemed to meet the requirements of Chapter 404, a plan must be established which identifies the are boundaries, property owners, existing conditions, proposed plans and basic abatement provisions for the revitalization area. This plan provides for the designation of the Stout Place/Iowa Inn Urban Revitalization Area (the Area) to create an affordable housing project by the rehabilitation of the former Iowa Inn. 2.0 The Area 2.1 Location The Area is located at the northwest corner of W. Ninth Street and Iowa Street as shown on Exhibit #1. The legal description of the Area is as follows: South ½ of City Lot 167, City Lot 168 and City Lot 168A all in Section 24, Township 89 North, Range 2 East, 5t~ P.M., Dubuque County, Iowa. 2.2 Zoning The Area is zoned OR (Office Residential). 2.3 Existing and Proposed Land Use The Area contains the former YMCA which had been converted to single rooming units. The building is now vacant. The proposed land use is a_~ 31 unit apamnent building to b ted by the ............... ~ ..... '--~" J' ' '-" .......... .t~a~.ma~tu~l oaiu a ~tt~.o~t~t au,aau~,aa, renovation and restoration of the two existing structures; the former YMCA building and the gymnasium building. 2.4 Assessed Valuations and Owners of Record The existing assessed valuation of the real estate in the Area, by land and building values, is included as Exhibit #2. This addendum also contains a list of the names and addresses of the owners of record of real estate within the Area. 2.5 City Services There are no curr~nt plans to expand existing city services in the Area as it is already fully served by infrastructure and publicly provided services. However, the Area has been included in the Downtown Dubuque Urban Renewal District. 3.0 Relocation 13 tenants were relocated and Iowa Housing Corporation, the property owner at the time the area was originally designated as an urban revitalization area, paid all relocation costs. No further relocation is required. 4.0 Qualification of Area In October, 1997 a building condition survey was conducted by city staff. Land use information concerning existing uses, building age and condition, and historic significance was collected in order to document the conditions of dilapidation and deteriorate as defined by Iowa Code Section 404.1 (3). 4.1 Building Conditions Major exterior structural components were considered in rating the condition of the Stout Place/Iowa Inn. Consideration was given to the following elements prior to rating: structural condition, paint quality, window condition, brick quality and condition of any facade embellishments. These components were ranked as either good, fair or poor under the following criteria: Good: The building appears to be structurally sound and flee of major defects. Ongoing maintenance such as window repair, re-pointing and painting was evident. However, maintenance may not be compatible to the historical or architectural significance of the building. Fair: The building has sufficient defects which identify conditions of wood or mortar decay, window repair, roof repair and tuck-pointing needs exist. Poor: The building has been the victim of deferred maintenance. Serious structural and facade conditions exist. The correction of those conditions identified under Fair or Poor may require complete replacement and may constitute a hardship or lack of feasibility on the part of the property owner, thus constituting an economic or social liability. The survey of the Stout Place/Iowa Inn indicated a condition of Fair. 4.2 Economic Potential The Stout Place/Iowa Inn is closely tied to surrounding developments because it lies strategically adjacent to the central business district for Dubuque. The proximity of the building to the commercial district presents significant opportunities for the mutual preservation and enhancement of their historic and economic aspects. Given these conditions, the Area meets the statutory requirements for a dilapidated and deteriorated area as defined in Iowa Code Section 404.1 (3). 5.0 Revitalization Program 5.1 Def'mition The definition of residential property for the purposes of this Plan shall include all qualified real estate assessed as residential or assessed as commercial property if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. 5.2 Tax Exemption a. All qualifying real estate, assessed either as residential or commercial, in the Area shall be eligible for tax abatement. The abatement incentive is intended to bring back to useful purpose vacant or underutilized buildings which exist in the Area. Tax abatement shall be available only for the rehabilitation of existing structures or the addition to existing structures in the revitalization area, not for the new construction of separate buildings. A ten-year 100% exemption on the actual value added by the improvements as provided in Iowa Code Section 404.3(4) is established as part of this Plan. The actual value of a building to which improvements are made must increase the assessed value of the building by at least 10% for residential and commercial properties or by at least 15% for multi-family properties before an abatement may be applied. Each year that an application is made for tax abatement, the assessed value must have increased in that year by at least 10% for residential and commercial properties or by 15% for multi-family properties. 5.3 Duration of the Plan The Area shall remain as a revitalization area until the Stout Place is fully rehabilitated or for a period of three (3) years, commencing upon the adoption of an Ordinance approving this amended Plan by the City Council, whichever first occurs. 5.4 Availability of Funding Programs which may provide a source of funding for residential and commercial improvements to the Area include: Commtmity Development Block Grant loan funds, the Downtown Rehabilitation loan program (TIF financed), HOME funds, Historic Tax Credit and Low Income Housing Tax Credits, and a Department of Housing and Urban Development Special Purpose Grant. 5.5 Late Applications The filing of late applications for tax exemptions shall not be permitted under this plan. 6.0 Conclusion The Stout Place/Iowa Inn Urban Revitalization Plan will support and enhance efforts to obtain appropriate building improvements and commercial development oppommities in the Area. After the ten-year abatement for residential development lapses on such projects, the full assessed value of the rehabilitated propcuXy shall be included on the tax rolls to the benefit of the entire community. STOUT PLACE URBAN REVITALIZATION AREA Exibit 1 - Location · ~. %;~ -- ~ ~~ '~ ~ · . , ~ Urban Revitalization Area EXHIBIT 2 Building and Land Values for the Iowa Inn Parcel #1 Land Value $11,220.00 Parcel #2 Land Value $50,550.00 Building Value $124,97,0.00 $I 34,830.00 Total Building & Land Value $I g6,750.00 $196,600.00 Owners of Record Metro Plains Development, LLC Spruce Tree Center 1600 University Avenue, Suite 212 St. Paul, MN 55104-3825 F:\USERS\jocormor~mpdoc s\Urban Revitalization\Urban Revite-lowa Inn\UR Plan-stout.wpd CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 200l TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Stout Place Urban Revitalization District Iowa Inn Project Acting Community and Economic Development Director Pam Myhre is recommending that a public hearing be set for March 5, 2001, on mending the City's Stout Place Urban Revitalization District. I concur with the recommendation and respectfully request Mayor and City Council apprOval. Michael C. Van Milligen MCVMJjh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January30,2001 To: From: Subject: Michael C. Van Milligen,~/~a.~ b~/~"*.--t~~City Manage[ \ ~ .~ Pamela Myhre, Ac~omi~~ire~tor Amendment to Stout Place Urban Revitalization District Iowa Inn Project Introduction This memorandum submits for City Council review and approval a resolution setting a public heating to amend the City's Stout Place Urban Revitalization District. The amended plan will extend the duration of the plan and update information in the plan on property ownership and proposed rehabilitation of the property. Background The State of Iowa Urban Revitalization Act, Code of Iowa, Chapter 404, authorizes cities to designate an area of the City as a revitalization area. Improvements to qualified real estate within these designated areas may then become eli~ble for an exemption from property taxes for a specified number of years. On November 17, 1997, the City Council adopted a Resolution of Necessity finding that the former Iowa Inn Property is an area meeting the definition of blight and that redevelopment of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. At the direction of City Council, staff prepared the Stout Place Urban Revitalization Area Plan. An ordinance establishing the Stout Place Urban Revitalization Area was adopted March 16, 1998. Alter the former owner, Iowa Housing Corporation, ceased operations, MetroPlains Development replaced the Iowa Housing Corporation as owner and developer of the Iowa Inn Project. Discussion The plan's duration was for three years from the date of adoption of the ordinance, or until the property was fully rehabilitated, whichever came first. Since the plan's duration expires on March 16, 2001, it is necessaw to amend the plan. The City Council has previously approved MetroPlains development proposal which included a local commitment of tax exemption. The amended plan will be reviewed by the Long Range Planning Commission at their meeting on February 21. Iowa Code Section 404 specifies that the City may subsequently amend the Urban Revitalization plan alter a hearing. Recommendation The recommended action is for the City Council to adopt the attached resolution regarding public notification and set a public heating for Monday, March 5, 2001, to amend the Stout Place Urban Revitalization Plan. RESOLUTION NO. -01 A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO AMEND CITY OF DUBUQUE ORDINANCE NO. 12-98 ESTABLISHING THE STOUT PLACE URBAaN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. Whereas, the City of Dubuque Ordinance No.12-98 established the Stout Place Urban Revitalization Area; and Whereas, the Stout Place Urban Revitalization Area Plan's duration will expire on March 16, 2001; and Whereas, due to a change in property ownership and resultant delay in rehabilitation of the Stout Place (Io~va Inn) development, an amendment to the Stout Place Urban Revitalization Plan is necessary to extend the duration of the plan; and ~Vhere~, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed amendment of an Urban Revitalization Area Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a public hearing shall be set to revie~v the FY 2002 Annual Action Plan on March 5, 2001. Section 2. That the notice ofpublic hearing shall be ~ven according to the requirement of Chapter 404 of the Code of Iowa. Passed, approved and adopted this 5'h day of February, 2001. Terrance M. Duggan, MaYor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM Februm'y 21, 2001 TO: FROM: SUBJECT: Michael Van Milligen, City ~a~ Pamela Myhre, Acting Co~ffn~ty and Economic D~elopment FY 2001 Annual Action Plan ~ Amendment 3 Director INTRODUCTION This memorandum presents for City Council consideration proposed changes in the City's Community Development Block Grant (CDBG) FY 2001 Annual Action Plan. These changes provide for the allocation of unanticipated CDBG revenue to the rehabilitation of the Iowa Inn. BACKGROUND Federal rules require that each year a city must prepare and file an Annual Action Plan pr/or to receipt of its CDBG entitlement. The Annual Plan is adopted following a public participation process which includes a published notice, a public comment period, and a public heating. A city must follow its adopted annual plan as it expends entitlement funds. The City's current plan was adopted with the budget in March, 2000, and amended in August and December. In December, the City of Dubuque received a payment of $263,239 from Cooper Wagon Factory Development in settlement of its CDBG Loan. Of this amount, $11,334 was expected this fiscal year as regular loan payments and $251,905 represents unanticipated revenue. Federal rules require that if the City's revenues or activities change, the City must amend its annual plan. The proposed amendment to the CDBG FY 2001 Annual Action Plan is being requested to facilitate $165,000 of CDBG funding for the rehabilitation of the Iowa Inn property at 125 West 90' Street. The property has been sold to MetroPlains Development who propose to create 31 low/moderate income residential apartment units. DISCUSSION The proposed amendment to the Annual Action Plan: 1) increases revenue by adding $251,905 to Program Income; 2) establishes a new activity "Iowa Inn Rehabilitation" with funding of $165,000; and 3) allocates the remaining $86,905 to Contingency. The amendment also provides that the Iowa Inn Rehabilitation activity is intended to meet the national objective of the CDBG program for low-moderate income housing. A notice regarding the proposed amendment was published 30 days prior to the public heating. This notice advised the public of the general nature of the amendment, invited their comments and notified them of a proposed public hearing. This initiated a 30-day public comment period on the proposed amendment as provided in the Citizen Participation Plan. The Community Development Advisory Commission reviewed the proposed amendment at a public heating on Thursday, February 15, 2001. At the public hearing, representatives of the Dubuque Landlords Association and other citizens expressed opposition to the project. Representatives of the Dubuque County Historical Society and the Premier Bank spoke in favor of the amendment. Following the public heating, the Commission voted to approve the proposed amendment and recommend City Council approval. RECOMMENDATION I recommend that the City Council approve the above-described Amendment 3 to the City's FY 2001 ( Program Year 2000) Annual Action Plan for the use of CDBG funds. These changes will allow the City to expend fimds for the rehabilitation of the Iowa Inn for low income housing. ACTION STEP The Action Step is for the City Council to adopt the attached resolution. Prepared by Aggie Kramer, Community Development Specialist RESOLUTION NO. -01 RESOLUTION APPROVING AMENDMENT 3 TO THE FISCAL YEAR 2001 ( PROGRAM YEAR 2000) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has prepared and filed with the U.S. Depamnent of Housing and Urban Development an Annual Action Plan for Fiscal Year 2001 ( Program Year 2000); and Whereas, the City has amended the Annual Plan on August 21, 2000 and December 4, 2000; and Whereas, the City now desires to amend said Annual Plan to recognize receipt of additional income and to allocate funds as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a public comment period beginning January 14, 2001; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on February 15, 2001, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Amendment 3 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for the Community Development Block Grant Program hereto attached as Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this day of March, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Amendment No 3 Community Development Block Grant (CDBG) FY 2001 Annual Action Plan Amendment Program Year 2000 July 1, 2000 to June 30, 2001 City of Dubuque, Iowa B-00-MC-19-004 Exhibit A Funding Sources Projected Program Income Original Amendment Change Statement $893,935 $1,145,840 +251,905 Proposed Activities/Costs Activity Name National and Description Objective Implementing Original Amendment Change Agency Statement Iowa Inn Rehabilitation Low/Moderate Housing 0 $165,000 + $165,000 Income Housing Services Dept Contingency $68,733 $155,638 + $86,905 This amendment will recognize receipt of additional program income of $$251,905 from the repayment of the Cooper Wagon Factory Development. CDBG loan. Funds in the amount of $165,000 are proposed to be utilized for the rehabilitation of the Iowa Inn property at 125 West 9t~ Street into 32 residential apartment units. To: Mike Valt .Milllgen, City Manager From: David Haiifs, Housing Services Department CITY OF DUBUQUE, IOWA MEMORANDUM 16 February 01 Re: Iowa Inn - Request for additional funds Introduction The purpose of this memorandum is to provide information regarding the recommendation of the Community Development Commission for an amendment to the FYOI CDBG budget and resulting loan of $165 000 for the Iowa Inn project. Background By action taken at its 1 May 2000 meeting, the City Council approved MetroPlains Development Corporation, from St Paul, Minnesota, as the preferred developer for the Iowa Inn project; and passed resolutions approving a MetroPlains application to the Iowa Finance Authority for housing tax credits and approving City financial assistance including a $220 000 Downtown Rehab Program loan, $180 000 HUD Special Purpose Program loan and tax benefits accruing from designation of the site as an urban revitalization district. Discussion The IFA tax credit application was subsequently approved and MetroPlains purchased the property, from the Iowa Housing Corporation. However, in January we discovered a financing problem. Under an interpretation of the IRS Section 42 regulations (the Low Income Housing Tax Credit program), it was determined that the City's Special Propose Program loan could not be included in the "qualified basis" for project funding. This had the effect of reducing the allowable tax credits, by $165 000, producing a funding short-fall for the project in that amount. We proposed that available CDBG funds be loaned to complete the necessary project financing. This action was considered at public hearing by the Community Development Commission, at its 15 February meeting, passed and recommended for approval to the City Council. The $165 000 in CDBG funds is proposed to be made available to MetroPlains as a 15-year, 3% interest loan, with payments deferred for the first five years. In addition to assisting the Iowa Inn project, this action will assist the City in spending down the Community Development Block Grant funds balance, in satisfaction of HUD regulations regarding expenditure schedules. As well, use of CDBG funds, although only in the amount of $165 000 for a $3.4 million project; will trigger HUD regulations requiring payment of prevailing wages for alt construction work, guaranteeing union-scale rates for all workers. cc: Pam Myhre, Acting Director, CED Department ~ ~.'~/01 1~:5~ METROPLAINS DEUELOPMENT + 3195894244 NO.~ P002/002 J~nuary 9, 2001 ETROPLAXNS __ METROPLAINS ~'ROPERTIE$ IN(: METROPLAINS DEV~LOF'H~NT LLC David Harris City of Dubuque Housing Scl, vices I g0S Central Avenue Dubuque IA 52001-3610 Dear David: I am writing in follow-up to our phone conversation regarding the use of the HUD Special Purpose Grant for the redevelopmenI of the Iowa Inn. The financing for this redevelopment is significantly funded from proceeds of the housing and historic tax credit. HUD Special Purpose Grants am not includable in basis for either credit becaoze th©y are classified as Federal Funds. The impact on the project is that the use of the Special Purpose Giant is not as valuable as it appears as the removal of this source fi~om the eligible basis calculation results in a $165,000 Emaneing gap. It is for this reason that the development is requesting an additional $165,000 in CDBG funds to solve this dilemma, Thank you for your consideration. Sincerely, .~ /,~ean Richard Eide CITY OF DUBUQUE, IOWA MEMORANDUM 1 March 01 To: MikexVan Milligen, City Manager From: Dam~' '~tarris, Housing Services Department Re: Council meeting March 5 - Review of Iowa Inn proposal Attached is the packet of information considered by the City Council at its April meeting. At this meeting, approvals were granted for selection of MetroPlains Development as the preferred developer of the Inn; for a package of City financial assistance previously approved for the this project (to the Iowa Housing Corporation); and endorsement of the MetroPlains application to the Iowa Finance Authority for housing tax credits. CiTY OF DUBUQUE, IOWA MEMORANDUM April 27, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Development Proposal for iowa Inn Housing Services Manager David Harris is recommending that MetroPlains Development replace the Iowa Housing Corporation as owner and developer of the iowa Inn project. The Iowa Housing Corporation (IHC) is currently the owner of the Iowa Inn. The City of Dubuque provided a CDBG loan in May of 1997 to IHC for purchase of the property and is currently the first mortgage holder. The IHC, in February, voted to cease operations and has made an accepted offer to cede its assets to the State of Iowa. The Governor's Office is now examining IHC's corporate hotdings and is expected to make a decision regarding disposition within the next 30-60 days. MetroPlains Development's plan for the Iowa Inn would differ from the Iowa Housing Corporation in that both buildings would be saved and rehabilitated, where the IHC had proposed tearing down the eastern building. MetroPlains Development would still only be creating 32 rental units, but they would be larger units than previous plans. However, they would not be creating the same number of on-site parking spaces, so they would require permits to use 31 spaces in the City parking lot across the street instead of 16 spaces in the previous plan: I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Miliigen MCVM/dd Attachment CC: Barry Lindaht, Corporation Counsel Tim Moerman, Assistant City Manager David~Hards, Housing Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM 25 Ap~ 00 To: Mike Van Milligen, City Manager From: David Harris, Housing Services Department Re: Development proposal for Stout Place Introduction The purpose of this memorandum is request the City Council to approve the request of MetroPlains Development to replace the Iowa Housing Corporation as owner and developer of the Iowa Inn/Stout Place project. Background The Iowa Housing Corporation (IHC) is currently the owner of the Iowa Inn. The City of Dubuque provided a CDBG loan, in May 97, to IHC for purchase of the property and is cm'rently the first mortgage holder. The Homing Corporation in February voted to cease operations and has made an accepted offer to cede its assets to the State of Iowa. The Governor's Office is now examining I~C's corporate holdings and is expected to make a decision regarding disposition within the next 30-60 days. Discussion Housing Department staffhas held discussions with other developers interested in this project. MetroPlains Development, a St Patti-based developer of housing tax credit properties, has worked with staffto formulate a proposal. MetroPlains has provided a packet of information on the structure of the company and a history of properties developed throughout the Midwest; this is attached to this memorandun~ In particular, Metro's redevelopment of the Hotel Burlington - as its initial Iowa project - has established a reputation locally for the corporation for quality work in the rehabilitation and restoration of historic structures. Their proposal is to do the same in Dubuque for the Iowa Inrc Development Proposal While the Inn is again proposed to be developed in accordance with guidelines for the federal affordable housing tax credit program, it differs significantly in that Metro's concept is to rehabilitate both buildings on the site. The previous proposal called for demolition of the 1916 former YMCA building and restoration of the 1894 gymnasium btfilding. The 32 units to be included would have necessitated conversion of all common areas into apartments; as well, the unit sizes would have ranged from 480 to 640 square feet. Metro's proposal, utilizing both buildings - but adding no units ~ will result in restoration of the first floor common entry and lobby areas. As well, the apartments will range in size from 650 to 900 square feet, better reflecting trends in the current rental market. The rationale for this approach, in addition to respect for historic preservation, has to do with the availability of financing. Preservation of both structures wilt qualify the project for elig~ility for federal historic tax credits, providing nearly $500 000 in additional investor equity. This in turn will decrease the housing tax credit allocation requested from the Iowa Finance Authority and increase the prohab'flity of favorable application decision. Re-use of both buildings, however, will increase the parking needs for the project. Previously a concept agreement had been reached with the Council for approval of 16 parking permits, for building residents, to park in the City-owned surface lot on Iowa Street. The City was to have been fully reimbursed for lost meter revenue for these spaces, carded as a project cost of the development. The Metro proposal is for 31 permits, with the same cost reimbursement agreement. The deadline for submission of this year's application for tax credits, to the Finance Authority, is 15 July. As this schedule requires the developer to begin design and feasibility analysis quickly, MetroPlaius is requesting an indication of the City of Dubuque's support of this partnership, at this time. Specifically, Metro is requesting the following: The City approve the attached resolution ("IFA Extu'bit 39"), signifying the Council's endorsement of MetroPlains as the intended applicant, to the Iowa Finance Authority, for housing tax credits for the Iowa Inn project, as proposed. Reiteration of the City's financial support, as previously committed to the Iowa Housing Corporation, as outlined in "IFA Exln'bit 37: Local Contributing Effort Verification" (This support is actually less than previously committed; the "Tax Increment Financing" amount, of $220 000, was previously approved for the Housing Corporation in the amount of $300 000.) 3. The City "select MetroPlaius as the preferred developer" ofthe project. (As the Iowa Housing Corporation is still the owner oftbe property, actual transfer of the deed, and the City's mortgage, cannot occur until the State's action to receive and transfer the Corporation's assets is completed.) Finally, MetroPlalns is requesting the City, between this date and 1 July, to: 1. Work with the Governor's Office and the Finance Authority to facilitate transfer of ownership of the property. 2. Negotiate a mutually acceptable agreement regarding transfer of the City's CDBG first mortgage. 3. Negotiate a mutually acceptable agreement ~egarding the dedication of Iowa Street surface lot parking spaces Action Step " The actions requested of the City Council are to: 1. Select MetroPhins as the preferred developer for rehabilitation of the Iowa Inn/Stout Place, according to the development concept as proposed; 2. Authorize the Mayor's execution of IFA Extnnoit 39, a resolution supporting the application of MetroPlains to the Iowa Finance Authority for housing tax credits; and 3. Authorize the City Manager's execution of IFA Extn'bit 37, re-committing financial assistance to MetroPlains Development for the proposed project, as previously approved for the Iowa Housing Corporatior~ City Manager's Office 50 West 13th Street Dubuque, Iowa 5200148~ (319) 5894110 (319) 589,4149 FAX IFA Exhibit 37 LOCAL CONTRIBUTING EFFORT VERIFICATION Low-Income Housing Tax Credit Program Iowa Finance Authority 100 East Grand Suite 250 Des Moines, IA 50309 RE: 125 W 9m Street, Dubuque, Iowa Metro Plains Development, LLC Ladies and Gentlemen: This letter will verify the local contributing effort required by the Qualified Allocation Plan and Iowa Code Section 16.4. As you know, a local contributing effort can be provided by local government units or by local or regional agencies public or private. The Authority's rules provide that any of the following items will constitute a local contributing effort: Payment of governmental funds by a political subdivision or governmental entity, or by a private~gency. Evidence of payment and the authority to provide the funds shall be furnished upon request of the Authority. Real properly which may be vacant or improved property, suitable, in the judg'ment of'the Authority, to the proposed housing project. Lie~s and encumbrances, if any shall be disclosed to satisfaction of the Authority. Personal property which may include appliances, fu?nlahin~, property maintenance tools, re-modeling material to be purchased subsequent to project approval, and any other personal property,, which in thejudgrnent of the Authority, is of relevance to the proposed housing project. The Authority may consider any type of proposed local contributing effort, in addition to other than the above. Proposals which, in the.judgment of the Authority are truly innovative will receive priority. Local contributing efforts may be combined by type of'source. Service Pet,pie Intesrity Responsibility Innovati~m Teamw,}rk Based on the foregoing the local contributing effort for the above named Project by City of Dubuque is as follows: Item Amount/Value Authority for Contribution Payment of governmental funds Cash payment I0,000 Trax Increment Financing 220,000 Tax Abatement 248,000 Enterprise Zone designation Other: Please descr~e City Loan 180,000 Payment of funds from a private agency Payment of funds from a public agency Contribution of land 1 Contribution of personaI property2 Other3 We understand that the Authority will rely on these valuations to determine whether the Sponsor has met the requirements of the QAP for a local contributing effort. I If land is contributed, the Authority requires a description of the property to be attached to this letter, and a preliminary title opinion indicating that the land is held fr~ and clear of any encumbrances 2 If personal property is contributed, the Authotity requires a complete inventory of the personality, whether it is new or used, and the value of each item stated separately. a If the Sponsor is proposing some other type of local contributing effort, the contribution must be fully described and a value placed on the contribution by the local governmental unit by the local governmental unit. IFA EXHIBIT RESOLUI1ON 184-00 WHEREAS, the City of Dubuque, Iowa, has heen informed by MetroPlains Development, LLC that a low income homing tax ~Tedit application (will or has been) fled with the Iowa Finance Authority for the development of affordable rental housing to bc located at 125 W 9~ Street, Dubuque, Iowa wkh a legal description as follows: City lot 168 and 16gA and the south *A of Oty lot 167, City o£Dubuque, Iowa WHEREAS, this housing project will contain appro~mately 31 anit. s; WHEREAS, the project will be a acquisition and rehabilitation; WHEREAS, the property wilt have the following amenities: On site laundry, communily room, elevator and controlled entry, units will be fall sized one and two bedroom apartments, kitchens w~ll have full size rages and WHEREAS, the developer has requested local assista~m through tax increment finan~ng, a tax abatement, lead abatement loan, CDBG ban, dry loan NOW, THEREFORE, BE IT RESOLVED by the City of Dubuque Governing Body, ti~ we support and approve the developmem of the aforesaid housing in our community, subject to city ordinances and the bulldi~$ permit process, The resolution is effective until 412012001. In the event that any of tim c~stics mentioned above should change prior to the issuance of a building pexagl, this resolution is null and void. ,ADOPTED BY THE GOVERNING BODY AND APPROVED BY THE MAYOR, this 1st dayof ~qay ,200_ [ Mayor ATTEST: . / ~4~ity Clerk SEAL CITY OF DUBUQUE, IOWA MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Final Plat - Block 3 of Oak Meadows Second Addition Planning Services Manager Laura Carstens is recommending approval of the final plat of Block 3 of Oak Meadows Second Addition as submitted. I concur with the recommendation and respectfully request Mayor and City Council approval. Micl/ael C. Van Milligen ' MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 27, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager Final Plat - Block 3 of Oak Meadows Second Addition INTRODUCtiON The purpose of this memorandum is to request City Council approval of the final plat of Block 3 of Oak Meadows Second Addition in accordance with the City of Dubuque Subdivision Regulations. The plat, staff report and resolution are attached. DzscusszON The final plat of Block 3 of Oak Meadows Second Addition allows for the continued development of the Oak Meadows II condominium development. The submitted final plat allows for the extension of Deerwood Circle and the construction of a new private street to be called Doe Court. Once completed, the final plat will allow for the completion of a total of 36 additional condominium units. The submitted final plat complies with both the adopted conceptual plan for the Oak Meadows [T development as well as the City of Dubuque Subdivision Regulations. RECOMMENDATI'ON The submitted final plat for Block 3 of Oak Meadows Second Addition is in substantial compliance with the adopted conceptual plan for this development, as well as the City of Dubuque SubdMsion Regulations and ! recommend that City Council approve the final plat as submitted. LC/mkr Attachments cc: Mike Koch, Public Works Director SUBDIVISION STAFF REPORT Zoning Agenda: March 7, 2001 Project Name: Property Owner. Applicant: Final Plat, Block 3 of Oak Meadows, Second Addition James Stock James Stock Number of Lots: 8 Acreage in R.O.W. .96 acre Total Area: 18 acres In City: Yes In 2-Mile Area: N/A Flood Plain: Yes Density Allowed: As per approved conceptual plan Commonly owned lots: all Sanitary Sewer: Yes Water: Yes Storm Sewer: Yes Existing Street Access: Yes Proposed Land Use: Existing Land Use: Adjacent Land Use: Residential Residential Single-family residential/ Open space Proposed Zoning: PR Existing Zoning: PR Adjacent Zoning: North - R-l/AG East - R-1 South - PR West- PR Physical Characteristics: The property.slopes from Brunskill Road to the south. Currently a portion of Deerwood Circle has been constructed as part of Phases ! and II of the planned residential district. Proposed Phasing: The submitted plat allows the applicant to proceed with Phases III and IV of the Oak Meadow development. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: The proposed development includes a substantial amount of open space along the Catfish Creek as well as a dedicated park area on the north side of Deerwood Circle. Proposed Streets and Grades: Deerwood Circle will be extended to intersect with Brunskill Road and a new street to be called Doe Court will be constructed to the southeast. Both streets will be privately owned and maintained. Recommended Motion: Motion to approve the final plat of Block 3 of Oak Meadows Second Addition, as the plat is in compliance with the City of Dubuque Subdivision Regulations. SUBDIVISION STAFF REPORT Page 2 Conformance with Comprehensive Plan: 1995 Comprehensive Plan: single and multi-family residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the development once extended to serve the new phases. Traffic Patterns: Brunskill Road is rated as a collector street and carries approximately 1,100 vehicle trips per day. Public Services: Existing public services are adequate to serve the site. Environment: No adverse impacts to the environment are anticipated, provided adequate erosion control is provided during all phases of development and that required storm water detention is provided. Adjacent Properties: No adverse impacts to adjacent properties are anticipated. Staff Analysis: The final plat of Block 3 of Oak Meadows Second Addition allows for the continued development of the Oak Meadow II condominium development. The continued extension of Deerwood Circle to intersect with Brunskill Road will allow for the development of 18 condominium units while the future construction of Doe Court will provide space for the construction of an additional 18 condominium units. The submitted plat allows for the continued development of this condominium development, which began in 1992. All the residential structures in this development are designed as two-unit buildings that have their own off-street parking in attached garages as well as additional off-street parking for visitors and guests. The streets within this planned residential development are pdvate and are maintained by the condominium association. The sanitary sewer and water mains, however, will be built to City standard specifications and accepted for public maintenance once approved by the City Engineer. As part of the Phase 3 development, a storm water detention basin will be constructed to detain water leaving the site toward Catfish Creek. The submitted plat is in substantial compliance with the approved conceptual development plan and the City of Dubuque Subdivision Regulations. Planning staff recommends approval of the Final Plat Block 3 of Oak Meadows Second Addition. Prepared~: Reviewed:-"~_LL~~ Date: Prepared b~. Laura Carsten$. Cit'v Planner Address: Cit*v Hall. 50 W. 13th St TeJeDhone: 589-4210 RESOLUTION NO. - 01 A RESOLUTION APPROVING THE FINAL PLAT OF BLOCK 3 OF OAK MEADOWS SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Block 3 of Oak Meadows Second Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears pdvate streets to be known as Deerwood Orcle (Lot A) and Doe Court (Lot B), together with certain utility easements; and Whereas, upon said final plat appears a public street known as Brunskill Road (Lot C) together with certain public utility, sanitary sewer, water main and access easements which the owner(s) by said final plat have dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot 3 and Lot 5, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the conceptual plan has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Brunskill Road (Lot C) together with the easements for public utilities, sanitary sewer, and water mains as they appear upon said final plat, be and the same are hereby accepted. Resolution No. - 01 Page 2 Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 3 and Lot 5 to have 0 feet of frontage, where 60 feet of frontage is required. Section 3. That the final plat of Block 3 of Oak Meadows Second Addition 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 final plat, provided the owners of said prope~o/herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Deerwood Circle (Lot A) and Doe Court (Lot B) to grade and to hard surface with asphaltic concrete, or with concrete paving, and to install storm sewers and catch basins, in conformance with the City of Dubuque Private Street Standards and Guidelines, and in conformance with construction improvement plans approved by the City Engineer, through the City's site plan review procedure, and to complete said improvements in each phase, upon completion of 80% of the individual dwelling units. (b) To install sanitary sewer and water mains in accordance with the City of Dubuque standard specifications, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To install water service laterals into each individual dwelling unit and a sewer service lateral to each building, all in accordance with the City of Dubuque standard specifications. (d) To construct a storm water detention facility in a manner acceptable to the City Engineer in accordance with the improvement plans approved by the City Engineer, through the City's site plan review procedure, and to complete the construction of said detention facility upon completion of 60% of the units in Phase III, but in no event later than four (zD years from the date of this resolution. Temporary erosion control facilities shall be installed, as needed, prior to the completion of the storm water detention facilities. (e) To construct said private improvements, as each phase of the development is approved through the City's site plan review procedure, at the sole expense of the owners, or future owner; and To maintain the public improvements in Section 3(b), for a pedod of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner. And, further provided that 3ames Stock, as owner of said property, shall secure the performance of the foregoing public improvements in Section 3(b) as each phase is developed, provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Towa. Resolution No. - 01 Page 3 Section 4. Sidewalk installation shall be the responsibility of 3im Stock Realty and Construction, including lots with multiple frontages, as required by Ordinance No. 60-00. The responsibility shall extend to all successors, heirs and assignees. Section 5. That the streets located in Block 3 of Oak Meadows Second Addition in the City of Dubuque, Iowa, shall be private streets open to the public as shown upon the plat; and further providing that the City may enter such streets to provide necessary emergency services or other services or duties which it may be obligated by law to perform on the premises; that the City may enter the street and perform necessary maintenance whenever the owner fails to do so, and assess all costs to the owner or assigns, and that the Owner shall provide the City with a hold harmless agreement for these streets. Section 6. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public and private improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 7. That in the event James Stock, owner, fails to execute the acceptance and furnish the guarantees provided in Section 3(b) hereof within 180 days alter the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor 3eanne F. Schneider, City Clerk ACCEPTANCE OF RESOLLrr~oN NO. -01 I, ]ames Stock, the undersigned, owner and proprietor of 3im Stock Realty and Construction, having read the terms and conditions of the Resolution No. - 01, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of ,2001. .lames Stock 3im Stock Realty and Construction o ~ ~o-< IIW ENG]RqEERS 86 SURVEYORS, P.C. o Planning Services Department 50 West I3th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 F~x (319) 589-4221 February 28, 2001 The Honorable Mayor and City Council City of Dubuque 50 W. 1 3th Street Dubuque, IA 52001 RE: Recommended Amendments to the Historic Preservation Ordinance Dear Mayor and City Council Members: This letter transmits the recommendations of the Historic Preservation Commission and the Preservation Task Force for amendments to the Historic Preservation Ordinance. The attached ordinance has been revised based on your comments at your February 1 9th meeting, for consideration at your March 5th meeting. Our recommendations, and the revisions based on your comments, are as follows: 1. Add a Preservation Alternatives step to the design review process, between the step for a Certificate of Appropriateness and the step for a Certificate of Economic Hardship. 2. Rename the Certificate of Economic Hardship step to Certificate of Economic Non-Viability, and replace the term "economic hardship" with "economic non- viability" throughout the ordinance. 3. Prohibit Demolition by Neg/ect, and require that owners of historic property keep their real estate in good repair. Section 25-7(B)(13) on page 19 has been revised by Corporation Counsel Barry Lindahl to indicate that this provision would apply after the effective date of the amended ordinance. The HPC's intent is to work proactively with property owners to reverse the deterioration or removal of unique architectural features in the future, not to require the repair or replacement of lost features retroactively. Substitute the Long Range P/anning Advisory Commission for the Zoning Advisory Commission, for the review of nominations, amendments and recissions for designations of landmarks, landmark sites and historic districts. 5. Allow the Historic Preservation Commission to serve as an advisory design review body forpublic works projects that occur in historic districts or at landmark sites. Section 25-5(A)(12) on page 11 has been revised to state clearly that the HPC would only review these projects, not approve them. Service People Integrity Responsibility Innovation Teamwork Historic Preservation Ordinance Amendments Page 2 of 2 6. Amend the Historic Preservation Ordinance with regard to definitions, City responsibilities and federal standards for prehistoric and historic archaeological sites, as recommended by the State Historic Preservation Office. The Historic Preservation Commission and the Preservation Task Force appreciate the support that the City Council has provided in developing these ordinance amendments and the related historic preservation incentives. Sincerely, Terry Mozena, Chairperson Historic Preservation Commission Enclosures CC: Historic Preservation Commission Preservation Task Force Icarsten/wp/Cou ncil/hpordamend.ltr.doc Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -01 ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CODE OF ORDINANCES OF THE CITY OF DUBU(~UE Whereas, the Historic Preservation Commission has recommended amendments to Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the City of Dubuque, at the direction of the Dubuque City Council; and Whereas, the City Council finds that the recommended amendments to the Historic Preservation Ordinance are consistent with the goals and objectives of the Comprehensive Plan and the purpose and intent of the Historic Preservation Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE Ci-i-Y OF DUBUQUE, IOWA: Section :L. That Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the City of Dubuque is hereby amended as shown on Exhibit A. Section 2. The foregoing amendment has heretofore been reviewed by the Historic Preservation Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USERS\lcars~en\wp\Cou ndl\H POarnend. ORD.doc Exhibit A Chapter 25 HISTORIC PRESERVATION {Proposed language to be added is bold; existing language proposed for deletion is ~ Sec. 25-1. Purpose and intent. Sec. 25-2. Definitions. Sec. 25-3. Historic preservation commission established; membership; term of office; vacancies in office. Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetings; record of actions; attendance at meetings. Sec. 25-5. Powers and duties generally; procedures for operations. Sec. 25-6. Identification and designation of landmarks, landmark sites and historic districts. Sec. 25-6.1. Langworthy Historic Preservation District. Sec. 25-6.2. Old Main Historic Preservation District. Sec. 25-6.3. Jackson Park Historic Preservation District. Sec. 25-6.4. Cathedral Historic Preservation District. Sec. 25-6.5. West Eleventh Street Historic Preservation District. Sec. 25-6.6. William M. Black Landmark. Sec. 25.6.7. Dubuque City Hall Landmark. Sec. 25-6.8. Dubuque County Courthouse Landmark. Sec. 25-6.9. Dubuque County Jail Landmark. Sec. 25-6.10. Julien Dubuque Monument Landmark. Sec. 25-6.11. Mathias Ham House Landmark. Sec. 25-6.12. Shot Tower. Sec. 25-7. Demolition of landmarks, landmark sites or structures in historic districts; demolition by neglect; certificate of economic hcrdsh!~, non-viability. Sec. 25-8. Alteration of landmarks, landmark sites or structures in historic districts; determination of no material effect; certificate of appropriateness; review of preservation alternatives; certificate of economic h=.-dsh!p non-viability. Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application for review of preservation alternatives; application for certificate of economic hcrdch!p non-viability. Sec. 25-10. Standards for review. Sec. 25-11. Appeals from commission action. Sec. 25-12. Inspection. Sec. 25-13. Violations; penalties. Sec. 25-1. Purpose and intent. The purpose of this chapter is to: (A) ~ Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance; (B) (-2-) Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural hedtage by preserving districts, landmarks, and landmark sites of historical, amhitectural and cultural significance; (C) (3) Stabilize and improve property values; (D) ~ Foster civic pdde in the legacy of beauty and achievements of the past; (E) (~) Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; (E) (6) Strengthen the economy of the city; and (G) ~ Promote the use of districts, landmarks, and landmark sites of prehistoric, historic, amhitectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. Sec. 25-2. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below. Alteration: Any act or process which changes the exterior architectural appearance of a structure, site or area, including, but not limited to, the erection, construction, reconstruction, restoration, removal or demolition of any structure or part thereof, excavation, or the addition of an improvement. Archeological significance: A determination based on the following criteria: (1) The site is associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad cultural patterns of U.S. history and from which an understanding and appreciation of those patterns may be gained; or (2) The site is associated importantly with the lives of persons nationally significant in U.S. history; or (3) The site represents some great idea or ideal of the American people; or 2 (4) The site embodies the distinguishing characteristics of an architectural type or specimen exceptionally valuable for a study of a period, style or method of construction, or that represents a significant, distinctive and exceptional entity whose components may lack individual distinction; or (5) The site is composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition, but collectively compose an entity of exceptionally historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture; or (6) The site has yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the U.S. Such sites are those which have yielded, or which may reasonably be expected to yield data affecting theories, concepts and ideas to a major degree. Architectural significance: A determination based on the following criteria: (1)The structure(s) is (are) the work of, or associated with, a nationally or locally noted amhitect, amhitecturel firm, engineer, builder or craftsman; or (2) The structure(s) is (are) an example of a particular period of architecture or architectural style in terms of detail, material, method of construction or workmanship, with no or negligible irreversible alterations to the original structure; or (3) The structure(s) is (are) one of the few remaining examples of a particular architectural style; or (4) The structure(s) is (are) one of a contiguous group of structures which have a sense of cohesiveness which is expressed through a similarity of characteristics, a similarity of a style, a similarity of period, a similarity of method of construction or which accent the architectural significance of the area. Building: Any structure used or intended for supporting or sheltering any use or occupancy, typically for any form of human activity. A building also may refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. Examples of buildings include: carriage house, church, garage, hotel, house, library, school, shed, store or theater. 3 Certificate of appropriateness. A document issued by the historic preservation commission indicating its approval of plans for an alteration or activity which will: (1) Create a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; and (2) Require a regulated permit. Certificate of economic hcrdship, non-viability. A document issued by the historic preservation commission which acknowledges an exception as herein defined and which authorizes an alteration or activity: (1) Which creates a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; (2) Which requires a regulated permit; and (3) For which a certificate of appropriateness has been or would be denied; however, a certificate of economic h"rdsh!p non-viability shall be issued only upon a showing that the property owner will be deprived of any reasonable economic return on the property if not allowed to proceed with the requested alteration or activity. Commission: The Dubuque Historic Preservation Commission, as established by this chapter. Districb A definable geographic area that can be distinguished from surrounding properties, and which possesses a significant concentration, linkage, or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Demolition: Any act or process which destroys in part or in whole a landmark or a structure. Design guideline: A standard of acceptable activity which will preserve the prehistoric, historic, architectural, archeological and cultural character of a building, district, landmark, site or structure. Determination of no material effech A document issued by the city manager or the city manager's designee indicating approval for any normal repair or act of maintenance as defined by this chapter, which: 4 (1) Is not an alteration, construction, removal, demolition or excavation as defined by this chapter; (2) Does not create a material change in the exterior architectural appearance or exterior features of a structure or site; and (3) Nonetheless does require a regulated permit. Excavation: The digging out or removal of earth, soil. Exterior architectural appearance: The amhitectural style and character and the general composition and arrangement of the exterior of a building or structure. Exteriorfeatures: The amhitectural style and the general design and arrangement of the exterior of a structure, including, but not limited to, the kind and texture of the building material(s), and the type, style and arrangement of all windows, doom, light fixtures, signs and other appurtenant elements, or the natural features of a landmark, landmark site or structure. In the case of outdoor advertising signs, "exterior feature" includes the style, material, size and location of the sign. Historic dist/~ct: An area designated by ordinances of the city council which: (1) Has defined geographic boundaries; (2) Contains contiguous pieces of property under diverse ownership; and (3) Is one or more of the following: a. Significant to American history, architecture, prehistoric or historic archaeology or culture; or b. Possesses integrity of location, design, setting, materials, workmanship, feel and association; or c. Associated with events that have been a significant contribution to the broad patterns of our prehistory or history; or d. Associated with the lives of persons significant with our past; or e. Embodies the distinctive characteristics of a type, period, or method of construction; or f. Represents the work of a master; or g. Possesses high artistic values; or h. Represents a significant and distinguishable entity whose components may lack individual distinction; or 5 i. Has yielded, or may be likely to yield, information important to prehistory and history. Historic significance: A determination based on the following criteria: (1) The structure(s) or site(s) has (have) a strong association with the life or activities of a person or persons who have contributed to or participated in the historic events of the nation, state or community; or (2) The structure(s) or site(s) is (are) associated with an association or group (whether formal or informal) which has contributed to or participated in historic events of the nation, state or community; or (3) The structure(s) or site(s) or object(s) is (are) associated with an antiquated use due to technological or social changes in the nation, state or community, such as, but not limited to, a blacksmith's shop or railroad trestle; or (4) The site(s) or object(s) is (are) a monument to or a cemetery of historic personages. Improvement: Any building, structure, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or part of such betterment. Integrf¥. The original, unaltered or historically altered appearance of a structure, site or area when taken as a whole. Landmark: A property or structure designated by ordinance of the city council pursuant to procedures described herein, that is worthy of preservation, rehabilitation or restoration because of its prehistoric, historic, amhJtectural, archeological or cultural significance to the city, the state or nation. Landmark site: Any parcel of land of prehistoric or historic archeological significance, or historic significance due to its substantial value in tracing the prehistory or history of mc,", Native Americans, or upon which a historic event has occurred, and which has been designated as a landmark site under this section, or an improvement parcel, or part thereof, on which is situated a landmark and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated. Material change of appearance: Any change, alteration or modification of the external architectural appearance or extedor features of a building, improvement, structure or property 6 which is visible from the public way and for which a regulated permit is required for compliance with applicable local codes, including, but not limited to: (1) Changes in the exterior size, configuration, fenestration or other structural features of the property; or (2) Construction or reconstruction; or (3) Demolition; or (4) Any alteration in the size, location or appearance of any sign on the property; or (5) Any excavation on property or the deposit of any waste, fill or other material on property. (6) For individual historic districts, the definition of "material change in appearance" may be expanded to include additional activities for which a certificate of appropriateness is required. Such additional activities shall be delineated in the ordinance designating an individual district or by amending the district designating ordinance, in the case of a district that has been previously designated. Object: As distinguished from buildings and structures, objects are those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Examples of objects include: fountain, milepost, monument, sculpture or statuary. Owner of record: Any person, firm, corporation or other legal entity listed as owner on the records of the County Recorder of Dubuque County. Preservation alternatives: Financial incentives and restoration alternatives sufficient for the property owner to earn a reasonable economic return. Financial incentives include, but are not limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration alternatives include, but are not limited to, different materials, techniques or methods for rehabilitation of historic buildings and structures, or archeological sites. Regulated permit: An official document or certificate issued by the building official, city engineer or other official of the city pursuant to provisions of the building code or other ordinance or regulation, and which authorized the performance of a specified activity. 7 Repair. Any change which does not require a building permit, and which is not construction, removal or demolition. Scale: In a building or structure, the relationship of the vertical, horizontal and volume measurements; the relationship of the parts to one another within a building, or structure or in comparison to other buildings or structures within that vicinity. Site: the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Examples of sites include: cemetery, designed landscape, habitation site, natural feature having cultural significance, rock carving, rock shelter, ruins, trail or village site. Structure: Anything constructed or erected, the use of which requires a permanent or temporary location on or in the ground, including, but not limited to, the following: bu!!d!ngs, earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, and swimming pools. As distinguished from buildings, structures are those functional constructions made usually for purposes other than creating human shelter. Sec. 25-3. Historic preservation commission established; membership; term of office; vacancies in office. (A) (a} The historic preservation commission is hereby established and shall consist of seven (7) members who shall be residents of the city. (B) (b) Members of the commission shall be appointed by the city council as follows: One resident from each designated historic preservation district, including the districts hereinafter established; and two (2) at large members. Each member shall possess qualifications evidencing expertise or interest in architecture, history, archeology, law, construction or building rehabilitation, city planning or conservation in general. One commission member shall be a licensed amhitect. (C) (c--} The original appointment of the members of the commission shall be as follows: Two (2) for one (1) year; two (2) for two (2) years, and three (3) for three (3) years, from July 1 of the year of such appointment or until a successor is named to serve out the unexpired portion of 8 a term of appointment or until a successor is appointed to serve for a term of three (3) years. Members appointed thereafter shall serve threa-year terms. (D) ~1~ Vacancies occurring in the commission, other than through expiration of term of office, shall be only for the unexpired portion of the term of the member replaced. Each member shall serve until the appointment of a successor. (E) {e) Members may serve for more than one term. (F) ¢) Vacancies shall be filled by the city council in accordance with the requirements set forth above. (G) (~j~) Members shall serve without compensation. Sec. 25-4. Election of officers; or,qanization; rules and bylaws; conduct of meetinqs; record of actions; attendance at meetings. (A) (a-) The commission shall elect from its membership a chairperson and vice chairperson, whose terms of office shall be fixed by bylaws adopted by the commission. The chairperson shall preside over meetings of the commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. (B) ~1~ The city manager shall designate a person to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the commission. (C) ~ The commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the calling of special meetings by the chairperson or by at least three (3) members of the commission and quorum requirements. (D) (d~ All meetings of the commission shall be subject to Iowa Code Chapter 21, the Iowa Open Meetings Act. (E) (e) The commission shall keep a record of its resolutions, proceedings and actions. The records shall be subject to Iowa Code Chapter 22, the Iowa Public Records Act. (F) {4) A quorum of the commission shall be required in order to transact business. (G) (9~) The affirmative vote of a majority of commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the commission. (H) (h) The vote of each member of the commission shall be recorded. (I) ~) A member of the commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve-month period. If any member does not attend such 9 prescribed number of meetings it shall constitute grounds for the commission to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. (J)/~)The commission shall file with the city council a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each meeting. Sec. 25-5. Powers and duties generally; procedures for operations. (A) (a-) The general duties and powers of the commission shall be as follows: (1) To promote and conduct educational and interpretive programs on histodc properties within its jurisdiction; (2) To develop and adopt specific standards for review and design guidelines, in addition to those set forth in Section 25-10(A)(3) of this chapter, for the alteration of landmarks, landmark sites or property and structures within historic districts; (3) To adopt its own bylaws; (4) To identify, evaluate, register, manage and protect significant prehistoric and historic archeological sites; ($) (4~ To conduct an on-going survey to identify historically, archeologically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political, archeological or architectural history of the nation, state or city; (6)/~ To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value or significance as "historic districts"; (7) (6) To research and recommend to the city council the adoption of ordinances designating properties or structures having historic, architectural, archeological or cultural value or significance as "landmarks" or "landmark sites"; (8) (-7-) To maintain a register of all properties and structures which have been designated as landmarks, landmark sites or historic districts, including all information required for each designation; (9) (8~ To assist and encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places, and review and comment at a public hearing on any National Register nomination submitted to the commission upon the request of the mayor, city council or the State Bureau of Historic Preservation; l0 (10) (9) To confer recognition upon the owners of landmarks or of property or structures within historic districts; (11) (10) To review in-progress or completed Work to determine compliance with specific certificates of appropriateness or certificates of economic h:rd:h!p non-viability; and (12) (11) To serve as an advisory design review body to the city council for review of public works projects which have historic preservation implications ,,k ........... ,~,~ ~,,, ,~,, ";" ....... ;f in historic districts, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way. (B) (b} The commission shall be governed by the administrative, personnel, accounting, budgetary and procurement policies of the city. Sec. 25-6. Identification and desi,qnation of landmarks, landmark sites and historic districts. (A) (a) Generally. The commission may conduct studies for the identification and nomination of landmarks, landmark sites and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. (B) (b) Nomination. (1) Landmarks and landmark sites. The nomination of landmarks and landmark sites shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. (2) Histodc districts. The designation of historic districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the city council, or any other person or organization. When a commissioner, as a private citizen, nominates an historic district for designation, the nominating commissioner shall abstain from voting on the designation. This provision shall not extend to a designation motion presented by a commissioner as part of commission proceedings. (C) (c-) Criteria for consideration ora nomination. The commission shall, upon such investigation as it deems necessary, make a determination as to the following: (1) The nominated property, structure, object, site or area: a. Is of architectural significance, as defined by this chapter; or 11 b. Is associated with events that have made a significant contribution to the broad patterns of the history of the City of Dubuque, Dubuque County, the State of Iowa or the nation; or c. Is associated with the lives of persons significant in the past the City of Dubuque, Dubuque County, the State of Iowa or the nation; or d. Has yielded, or may be likely to yield, information important in pre-history or history; and (2) The structure, proper/y, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and (3) The structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it has achieved significance within the past fifty (50) years and is of exceptional importance. (D) (d) Notification of nomination. Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark, landmark site, or property within the nominated histodc district and to the nominator(s). Notice shall also be published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. (E) (e) Public hearing. Oral or written testimony concerning the significance of the nominated landmark, landmark site or historic district shall be taken at the public hearing from any interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site or historic district with the criteria set forth in paragraph (c) above. The owner of any nominated landmark, landmark site or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony. (F) (4) Determination by the commission, recommendation and report. Within thirty (30) days following the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site or historic distdct does or 12 does not meet the criteria for designation. Such determination shall be made in an open meeting by resolution of the commission, shall be reduced to wdting in the form of a recommendation and shall be supported by a written report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site or historic district, and its supporting report, shall be filed with the long range planning advisory ~c~!."..~ commission, and shall include a proposed ordinance or amendment establishing such landmark, landmark site or historic district and describing its location and boundaries by address and legal description. (G) (g) Action by long range planning advisory zc~.~g commission. Within sixty (60) days after receipt of the commission's recommendation, report and proposed ordinance or amendment, the long range planning advisory --'c.",i~g commission shall report to the city council with respect to the relation of the nomination to the general development plan, zoning ordinance, proposed public improvements and any plans for the renewal of the area involved. Upon submission of the report of the long range planning advisory commission, or upon the expiration of the sixty-day period, the matter shall be transmitted to the city council. (H) ¢~) Action by city council. (1) The city council shall submit the proposed ordinance or amendment to the Bureau of Historic Preservation of the State Historical Society of Iowa for review and recommendations at least forty-five (45) days prior to the date of any public hearing conducted by the city council. Any recommendations made by the Bureau of Historic Preservation shall be made available by the city to the public for viewing during normal working hours at a city government place of public access. (2) Upon receipt of the recommendation and report of the historic preservation commission and the report of the long range planning advisory --'c.%q.~ commission, and after having received a recommendation from the Bureau of Historic Preservation or if the forty-five-day waiting pedod has lapsed since submission of the request for such recommendation, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site or historic preservation district. After public hearing, the city council shall approve or disapprove the ordinance or amendment, or refer the nomination back to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. 13 (3) City council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site or historic district. (I) ~-~-Amendmen! and rescission of designation. A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and according to the same criteria as set forth above for designation. Sec. 25-6.1. Lan,qworthy Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: All of Lots I through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15)feet of lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S. Nairn's Dubuque Addition. Sec. 25-6.2. Old Main Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: All of city Lots I through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza. Sec. 25.6.3. Jackson Park Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M. A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the south line of Lot 1.6-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 14 5-2-C.L. 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 1-1A-Dorgan's Sub.; southwest along said line and along the east line of Lot 1-l-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D.N. Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east along said line to the east line of said lot; south along said line and the east line of Lot 2-3-C.L. 667 to the south along said line of Lot 2-1-C.L. 667; east along said line to Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said line to the east line of Lot 769B orA. McDaniel's Sub.; south along said line and the east right*of-way line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south along said line and its extension to West 9th Street; east along West 9th Street to Locust Street; nor/h along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; east along said line and its extension to the east line of the west 33 feet, north 1/5-C.L. 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Street and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the point of beginning. Sec. 25-6.4. Cathedral Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to provisions of this chapter, to wit: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast along said line to the northwest line of the north fifty (50) feet of Lot 1-1-C.L. 653; southwest along said line to the northeast line of Coriell's Dubuque Sub.; first southeast then in a clockwise manner along said line to West Fifth Street; southeast along West Fifth Street; to the northwest line of the west one hundred seven and five-tenths (107.5) feet-west one hundred seventy (170) feet-C.L. 624; southwest along said line to the northeast line of Cooper Heights Sub; southeast along said line and along the northeast line of Lot 1-1-1-1C.L. 692 to the north right-of-way line of West Fourth Street; southwest along said right-of-way line and 15 along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon Point Sub.; first northeast then in a clockwise manner along said line to the southwest line of Lot 1-E. seventy-eight and five-tenths (78.5) feet south one hundred (100) feet-C.L. 692; southeast along said line to West Third Street to the southwest line of Saint Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L 694; first northeast then in a clockwise manner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west right-of-way line of Bluff Street; southeast across Bluff Street to the northeast line of C.L. 589A; continuing southeast along the northeast line of C.L 589A and the northeast line of C.L. 589 and the northeast line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along Locust Street to the southwest line of the south fifty (50) feet-C.L. 568; northwest along said line to Bissell Lane; north along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West Seventh Street, the place of beginning as described herein. Sec. 25-6.5. West Eleventh Street Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to provisions of this chapter, to wit: Beginning at the intersection of Loras Boulevard and Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said south line to the east line of Lot 769B of A, McDaniel's Sub.; south along said east line and along the east right-of-way line of Grove Terrace and along the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said north line to the east line of Lot 1-1-1~1 l-Lorimer's Sub; south along said east tine and its southerly extension to West 9th Street; west along West 9th Street to the west line of Central Addition; north along said west line to the south line of the east twenty-seven (27) feet-Lot 3-C.L 703; west along said south line to the west line of said lot; north along said west line to the north line of the west one hundred thirty-nine (139) feet-Lot 3-C,L. 703; west along said north line to the east line of Lot 2-46A-Farley's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the west line of Lot 2-46A-Farley's Sub.; south along said west line to the south line of Lot 1-46-Farley's Sub.; west along said south tine and along the south line of Lot 1-45-Farley's Sub, to the west line of said Lot 1-45; north along said west line to Wilbur Street; west along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2-43-Farley's Sub.; west along said south line to the east line of the south eighty (80) feet-Lot 37-Farley's Sub.; north along said east line to the 16 north line of said lot; west along said north line to the east line of Lot 38-Farley's Sub.; north along said east line to Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L 738 and along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north alon the west lines of Lots 11, 10, 9 and 8 of Cummin's Sub.; north across Race Street; north along the west line of Lot 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east along the north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along Walnut Street to Loras Boulevard; east along Lores Boulevard to Henion Street; north along Henion Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7-C.L. 667; south along said east line to the south line of Lot 1-4-C.L. 667; first east line then in a counter-clockwise manner along the southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot 2-1-C.L. 667; south along said west line of the south line of Lot 2-1-C.L. 667; east along said south line to Bluff Street; south along Bluff Street to Loras Boulevard, the place of beginning. Sec. 25-6.6. William M. Black Landmark. The structure hereinafter described is hereby designated as a landmark, according to the previsions of this chapter, to wit: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor. Sec. 25-6.7. Dubuque City Hall Landmark. The property hereinafter described is hereby designated as a landmark, according to the previsions of this chapter, to wit: The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50 West 13th Street. Sec. 25-6.8. Dubuque County Courthouse Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: 17 The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central Avenue. Sec. 25-6.9. Dubuque County Jail Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th Street. Sec. 25-6.10. Julien Dubuque Monument Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of Monument Drive. Sec. 25-6.11. Mathias Ham House Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. Sec. 25-6.12. Shot Tower. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. Sec. 25-7. Demolition of landmarks, landmark sites or structures in historic districts; demolition by neglect; certificate of economic h~rdch!p non-viability. (A) Demolition generally. Demolition of landmarks, landmark sites or structures within histodc districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic h3rdship non-viability pursuant to Section 25-9(h) of this chapter. 18 (B) Demolition by neglect prohibited. The owner of real property in any historic district or of a landmark or landmark site shall preserve and keep from deterioration all buildings and structures located on such real property. The owner shall repair the building or structure to correct any of the following defects found by the City's designated enforcement officer: (1) parts which are improperly or inadequately attached so that they may fall and injure persons or property; (2) a deteriorated or inadequate foundation; (3) defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; (4) walls, partitions or other vertical supports that split, lean, list or buckle due to defect or deterioration or are insufficient to carry the load imposed; (5) ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; (6) fireplaces and chimneys which list, bulge or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; (7) deteriorated, crumbling or loose exterior stucco or mortar; (8) deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; (9) defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; (10) any default, defect or condition in the structure which renders it structurally unsafe or not property watertight; (11) accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles, and other refuse; (12) deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or (13) deterioration or removal after the effective date of this ordinance of any unique architectural feature which would detract from the original architectural style. 19 Sec. 25-8. Alteration of landmarks, landmark sites or structures in historic districts; determination of no material effect; certificate of appropriateness; review of preservation alternatives; certificate of economic hcrdchlp non-viability. (A) (a) After designation of a landmark, landmark site or historic district by the city council, any proposed alteration or activity which will affect a landmark, landmark site or structure or site within any historic district, and for which a regulated permit is required, shall be reviewed by the histodc preservation commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a regulated permit as herein defined. (B) (b} No regulated permit may be issued prior to review by the commission. (C) {~) Upon review, the commission shall have the authority to take the following actions: (1) Authorize the proposed project, determination of no materia/ effect. a. If an application submitted to the commission demonstrates compliance with the "Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation", Prcje~=," W==h!,".Gtc."., D.C., !979 the Secretary of Interior's Standards and Guidelines for the Treatment of Historic Properties, and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68, as amended, as established by this chapter and, pursuant to the bylaws adopted by the commission, a determination may be made that such work or activity would: 1. Not result in a material change in appearance; or 2. Not be visible from the public way. b. The city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission hear~. (2) Approve the proposed project; certificate of appropriateness. a. The commission shall issue a certificate of appropriateness if, upon application and after hea~ conducting a review of the application, it finds: 1. That the property owner or the property owner's representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the commission and conforms to the purpose and intent of this chapter; and 20 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness shall enable the applicant to obtain a regulated permit and to proceed with the proposed alteration or activity. (3) Disapprove the proposed project; review of preservation alternatives; certificate of appropriateness. a. The commission shall issue a certificate of appropriateness, upon application for and after conducting a review of preservation alternatives, it finds: 1. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed alteration or activity comply with the standards for review set forth by this chapter and regulated by the commission, and conform to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness after a review of preservation alternatives shall enable the applicant to obtain a regulated permit and to proceed with the proposed alteration or activity. (4) (3) Disapprove the proposed project; certificate of economic h~rd~h~F, non-viability. The commission shall issue a certificate of economic hcrdsh!p non-viability, upon application or upon its own motion, if: a. A review of preservation alternatives has been conducted and a certificate of appropriateness has been denied; and b. The commission determines that disapproval of the proposed work or activity would prevent the property owner from earning any reasonable economic return from the property. In considering whether the property has been prevented from earning any reasonable economic return, the commission shall deny the certificate of non-viability where the inability to earn any reasonable economic return has 21 been created by the property owners' conduct including, but not limited to, neglect of maintenance or absence of bona fide attempts to earn a reasonable economic return. (D) (d~ The building official, city engineer or other local authorities shall not issue a regulated permit until there has been a determination of no material effect or a certificate of appropriateness or a certificate of economic h~rdshlp non-viability issued. (E) (e) The transfer of a determination of no matedal effect, certificate of appropriateness or certificate of economic hcrd=h!p non-viability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. (F) (f) Each determination of no matedal effect, certificate of appropriateness or certificate of economic hardship non-viability issued under the provisions of this article shall expire and become null and void if the alteration, construction, repair, removal, demolition or excavation for which the determination of no material effect, certificate of apprepdateness or certificate of economic h=rdch!p non-viability was issued is not initiated within one (1) year of its issuance. Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application for review of preservation alternatives; application for certificate of economic hard=h!p non-viability. (A) (a) Application for regulated permit shall be made to the appropriate city official. The application shall state or the appropriate city official shall determine that the proposed alteration, activity or demolition is to be done on a landmark, landmark site or on a structure within a historic district. (B) (b) Upon the filing of such permit application, the appropriate city official shall notify the applicant that the matter must be reviewed by the historic preservation commission before a regulated permit can be issued. (C) (c--) If a permit application demonstrates compliance with the provisions for a determination of no material effect as established by this chapter, then the city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. If a permit application does not demonstrate compliance with the provisions for a determination of no material effect as established by this chapter, then ~ an application for design review by the commission of the proposed work, activity or demolition must be made 22 by the applicant. Application for commission review shall be filed in the Ccmmun!.~/:nd ~ Planning Services Department. (D) (d~) Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall meet within twenty-one (21) days after the filing of the application for commission review. The commission shall review the proposed project according to the duties and powers specified in this chapter. In reviewing the proposed project, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional drawings, sketches, photographs or other exhibits as it deems reasonably necessary for consideration of the application. (E) (e) The commission shall approve or disapprove such plan. (F) (~ If the proposed project is approved, the commission shall issue a certificate of appropriateness. (G) (~ If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal which, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the dght to resubmit a modified proposal at any time. (H) Prior to filing an application for a certificate of economic non-viability, as provided for in subsection (I) below, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain preservation alternatives as defined herein, including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. (1) After a review of the preservation alternatives, the commission shall approve or disapprove such plan. (2) If the proposed project is approved, the commission shall issue a certificate of appropriateness. (3) If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal that, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. 23 (I) {~j) If the commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a certificate of economic h=rdsh!p non-viability. (1) Upon application or motion for a certificate of economic hardship non-viability, the commission shall schedule a public meeting on that application or motion. (2) Data to be provided by the applicant. The commission may solicit expert testimony or require that the applicant for a certificate of economic hcrdch¥, non-viability make submissions concerning any or all of the following information before rendering its decision: a. Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the histodc preservation commission for changes necessary for the issuance of a certificate of appropriateness; b. A report from a licensed engineer or architect with expenence in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing properly for continued use; d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; e. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; f. If the property is income-producing, the annual gross income from the property for the previous two (2) years; g. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; h. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; 24 i. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; j. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; k. The assessed value of the property according to the two (2) most recent assessments; I. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid; m. The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other; n. Any other information considered necessary by the commission to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including but not limited to the income tax bracket of the owner(s) or applicants or of the principal investor(s) in the property; o. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and a economic return from the property; and p. A showing of the applicant's efforts in ongoing maintenance and repair. (3) Determination of economic hcrdsh!p non-viability. The commission shall review all of the evidence and information required of an applicant for a certificate of economic hcrdchip non-viability; and a. If the commission finds that disapproval of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission shall: 1. Immediately issue a certificate of economic hardship non-viability.; or 2. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic hardship non-viability. During this time, the commission shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued during this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty-day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a certificate of economic hardship non-viability. 25 b. If the commission finds, after initial review or after the one hundred eighty-day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the proper/y, then the commission shall deny the application for a certificate of economic h"rdsh!p non-viability. (J) No regulated permit shall be issued authorizing a material change in appearance of a landmark, landmark site or of a structure or site within a historic district until there is a determination of no material effect or a certificate of appropriateness or a certificate of economic h~rd=hlp non-viability filed with the building official or the city official authorized to issue the necessary regulated permit. (K) In the event the commission disapproves of a proposed project, the notice of disapproval shall be binding upon the building official, city engineer or other local authority, and no permit shall be issued in such a case. (I) The failure of the commission to approve or disapprove an application for a certificate of appropriateness within sixty (60) days from the date of the filing of an application, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval, unless within such sixty (60) days the commission has made a determination of economic h~rdch!p non-viability and has suspended its decision regarding a certificate of economic h=rdch!p non-viability pursuant to subsection (h)(I)(3)a.2. Sec. 25-10. Standards for review. (A) (-a) The commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. (B) ~b) The "Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation",..~, ......... hm= .......... . ~ the Secretary of Interior's Standards and Guidelines for the Treatment of Historic Properties, and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68, as amended, shall provide the guidelines by which the commission shall review an application for a certificate of appropriateness or certificate of economic 26 ~'"-'~-~;"' non-viability, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior racy shall be adopted by the commission. (C) (r~) The commission shall also be guided by any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. Sec. 25-11. Appeals from commission action. (A) (a) An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal with the ............. · ....Ecc~cm[c Dcvc!cpment Planmng Servmes Department within thirty (30) days from the date of notice of the commission's action. (B) ¢~) Upon filing of a notice of appeal, ~" ...... ;~" '-'-'~: ..... ;~ the ............. , .... n .... ~ ....., . ................. ~. ....... Plann,ng Services Department shall immediately transmit such notice and the record of the action before the commission to the city clerk. (C) {c-) On appeal, the city council shall consider only the record of the action before the commission. No new matter may be considered. (D) ((f) The city council shall consider whether the commission has exercised its powers and followed the guidelines established by law and the historic preservation ordinance [this chapter], and whether the commission's action was patently arbitrary or capricious. (E) (e) The city council may affirm or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give wdtten notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. (F) (~ An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days of the city ceuncil's decision to the District Court for Dubuque County, pursuant to Iowa Code Section 303.34. Sec. 25-12. Inspection. (A) (a~ After a certificate of appropriateness or certificate of economic hcrdchip non-viability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the approved plans. (B) ~b) Historic preservation commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. 27 Sec. 25-13. Violations; penalties. It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of Section 1-8 and Sections 1-15 through 1-17 of the City of Dubuque, Code of Ordinances. Icarsten/wp/Hpc/hpord#3.doc 28 Prepared by: Laura Carstensr City Planner Address: City Hall; 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -01 ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE Whereas, the Historic Preservation Commission has recommended amendments to Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the City of Dubuque, at the direction of the Dubuque City Council; and Whereas, the City Council finds that the recommended amendments to the Historic Preservation Ordinance are consistent with the goals and objectives of the Comprehensive Plan and the purpose and intent of the Historic Preservation Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE C1-FY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the City of Dubuque is hereby amended as shown on Exhibit A. Section 2. The foregoing amendment has heretofore been reviewed by the Historic Preservation Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\US~:RS\lcarsten\wp\Cou ncil\HPOamend.ORD.doc Chapter 25 HISTORIC PRESERVATION Exhibit A Sec. 25-1. Purpose and intent. Sec. 25-2. Definitions. Sec. 25-3. Histodc preservation commission established; membership; term of office; vacancies in office. Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetings; record of actions; attendance at meetings. Sec. 25-6. Powers and duties generally; procedures for operations. Sec. 25-6. Identification and designation of landmarks, landmark sites and historic districts. Sec. 25-6.1. Langworthy Historic Preservation District. Sec. 25-6.2. Old Main Histodc Preservation District. Sec. 25-6.3. Jackson Park Historic Preservation District. Sec. 25-6.4. Cathedral Historic Preservation District. Sec, 25-6.5. West Eleventh Street Histodc Preservation District. Sec. 25-6.6. William M. Black Landmark. Sec. 25-6.7. Dubuque City Hall Landmark. Sec. 25-6.8. Dubuque County Courthouse Landmark. Sec. 25-6,9. Dubuque County Jail Landmark. Sec. 25-6.10. Julien Dubuque Monument Landmark. Sec. 25-6.11. Mathias Ham House Landmark. Sec. 25-6.12. Shot Tower. Sec. 25-7. Demolition of landmarks, landmark sites or structures in histodc districts; demolition by neglect; certificate of economic non-viability. Sec. 25-8, Alteration of landmarks, landmark sites or structures in histodc districts; determination of no matedal effect; certificate of appropriateness; review of preservation alternatives; certificate of economic non-viability. Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application for review of preservation alternatives; application for certificate of economic non-viability. Sec. 25-10. Standards for review. Sec. 25-11. Appeals from commission action. Sec. 25-12. Inspection. Sec. 25-13. Violations; penalties. 1 Sec. 25-1. Purpose and intent. The purpose of this chapter is to: (Al Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance; (B) Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural heritage by preserving districts, landmarks, and landmark sites of historical, architectural and cultural significance; (C) Stabilize and improve property values; (D) Foster civic pride in the legacy of beauty and achievements of the past; (El Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; (Fl Strengthen the economy of the city; and (Gl Promote the use of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. Sec. 25-2. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below. Alteration: Any act or process which changes the exterior architectural appearance of a structure, site or area, including, but not limited to, the erection, construction, reconstruction, restoration, removal or demolition of any structure or part thereof, excavation, or the addition of an improvement. Archeo/ogical significance: A determination based on the following criteria: ('1) The site is associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad cultural patterns of U.S. history and from which an understanding and appreciation of those patterns may be gained; or (2) The site is associated importantly with the lives of persons nationally significant in U.S. history; or (3) The site represents some great idea or ideal of the American people; or 2 (4) The site embodies the distinguishing characteristics of an architectural type or specimen exceptionally valuable for a study of a period, style or method of construction, or that represents a significant, distinctive and exceptional entity whose components may lack individual distinction; or (5) The site is composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic medt to warrant individual recognition, but collectively compose an entity of exceptionally historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture; or (6) The site has yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon pedods of occupation over large areas of the U.S. Such sites are those which have yielded, or which may reasonably be expected to yield data affecting theories, concepts and ideas to a major degree. Architectural significance: A determination based on the following criteria: (1)The structure(s) is (are) the work of, or associated with, a nationally or locally noted amhitect, architectural firm, engineer, builder or craftsman; or (2) The structure(s) is (are) an example of a particular period of architecture or architectural style in terms of detail, material, method of construction or workmanship, with no or negligible irreversible alterations to the original structure; or (3) The structure(s) is (are) one of the few remaining examples of a particular architectural style; or (4) The structure(s) is (are) one of a contiguous group of structures which have a sense of cohesiveness which is expressed through a similarity of characteristics, a similarity of a style, a similarity of period, a similarity of method of construction or which accent the architectural significance of the area. Building: Any structure used or intended for supporting or sheltering any use or occupancy, typically for any form of human activity. A building also may refer to a historically and functionally related unit, such as a courthouse and jail or a house and bam. Examples of buildings include: carriage house, church, garage, hotel, house, library, school, shed, store or theater. Certificate of appropriateness. A document issued by the histodc preservation commission indicating its approval of plans for an alteration or activity which will: 3 (1) Create a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; and (2) Require a regulated permit. Certificate of economic non-viability. A document issued by the historic preservation commission which acknowledges an exception as herein defined and which authorizes an alteration or activity: (1) Which creates a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; (2) Which requires a regulated permit; and (3) For which a certificate of appropriateness has been or would be denied; however, a certificate of economic non-viability shall be issued only upon a showing that the property owner will be deprived of any reasonable economic return on the property if not allowed to proceed with the requested alteration or activity. Commission: The Dubuque Historic Preservation Commission, as established by this chapter. District: A definable geographic area that can be distinguished from surrounding properties, and which possesses a significant concentration, linkage, or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Demolition: Any act or process which destroys in part or in whole a landmark or a structure. Design guideline: A standard of acceptable activity which will preserve the prehistoric, historic, amhitectural, archeological and cultural character of a building, district, landmark, site or structure. Determination of no matedal effect: A document issued by the city manager or the city manager's designee indicating approval for any normal repair or act of maintenance as defined by this chapter, which: (1) Is not an alteration, construction, removal, demolition or excavation as defined by this chapter; (2) Does not create a material change in the exterior architectural appearance or exterior features of a structure or site; and 4 (3) Nonetheless does require a regulated permit. Excavation: The digging out or removal of earth, soil. Exterior architectural appearance: The amhitectural style and character and the general composition and arrangement of the exterior of a building or structure. Extefiorfeatures: The amhitectural style and the general design and arrangement of the exterior of a structure, including, but not limited to, the kind and texture of the building material(s), and the type, style and arrangement of all windows, doore, light fixtures, signs and other appurtenant elements, or the natural features of a landmark, landmark site or structure. In the case of outdoor advertising signs, "exterior feature" includes the style, material, size and location of the sign. Historic district An area designated by ordinances of the city council which: (1) Has defined geographic boundaries; (2) Contains contiguous pieces of property under diverse ownership; and (3) Is one or more of the following: a. Significant to American history, architecture, prehistoric or historic archaeology or culture; or b. Possesses integrity of location, design, setting, materials, workmanship, feel and associafion; or c. Associated with events that have been a significant contribution to the broad patterns of our prehistory or history; or d. Associated with the lives of persons significant with our past; or e. Embodies the distinctive characteristics of a type, period, or method of construction; or f. Represents the work of a master; or g. Possesses high artistic values; or h. Represents a significant and distinguishable entity whose components may lack individual distinction; or i. Has yielded, or may be likely to yield, information important to prehistory and history. Histodc significance: A determination based on the following criteria: 5 (1) The structure(s) or site(s) has (have) a strong association with the life or activities of a person or persons who have contributed to or participated in the historic events of the nation, state or community; or (2) The structure(s) or site(s) is (are) associated with an association or group (whether formal or informal) which has contributed to or participated in historic events of the nation, state or community; or (3) The structure(s) or site(s) or object(s) is (are) associated with an antiquated use due to technological or social changes in the nation, state or community, such as, but not limited to, a blacksmith's shop or railroad trestle; or (4) The site(s) or object(s) is (are) a monument to or a cemetery of historic personages. Improvement: Any building, structure, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or part of such betterment. Integri~. The original, unaltered or historically altered appearance of a structure, site or area when taken as a whole. Landmarlc. A property or structure designated by ordinance of the city council pursuant to procedures described herein, that is worthy of preservation, rehabilitation or restoration because of its prehistoric, historic, architectural, archeological or cultural significance to the city, the state or nation. Landmark site: Any parcel of land of prehistoric or historic archeologicel significance, or historic significance due to its substantial value in tracing the prehistory or history of Native Americans, or upon which a historic event has occurred, and which has been designated as a landmark site under this section, or an improvement parcel, or part thereof, on which is situated a landmark and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated. Material change of appearance: Any change, alteration or modification of the external architectural appearance or exterior features of a building, improvement, structure or property which is visible from the public way and for which a regulated permit is required for compliance with applicable local codes, including, but not limited to: 6 (1) Changes in the extedor size, configuration, fenestration or other structural features of the property; or (2) Construction or reconstruction; or (3) Demolition; or (4) Any alteration in the size, location or appearance of any sign on the property; or (5) Any excavation on property or the deposit of any waste, fill or other material on property. (6) For individual historic districts, the definition of "material change in appearance" may be expanded to include additional activities for which a certificate of appropriateness is raquirad. Such additional activities shall be delineated in the ordinance designating an individual district or by amending the district designating ordinance, in the case of a district that has been previously designated. Object: As distinguished from buildings and structures, objects are those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Examples of objects include: fountain, milepost, monument, sculpture or statuary. Owner of record: Any person, firm, corporation or other legal entity listed as owner on the records of the County Recorder of Dubuque County. ' Preservation alternatives: Financial incentives and restoration alternatives sufficient for the property owner to earn a reasonable economic return. Financial incentives include, but are not limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration altamatives include, but ara not limited to, different materials, techniques or methods for rehabilitation of historic buildings and structures, or archeological sites. Regulated permit: An official document or certificate issued by the building official, city engineer or other official of the city pursuant to provisions of the building cede or other ordinance or regulation, and which authorized the performance of a specified activity. Repair:. Any change which does not require a building permit, and which is not construction, removal or demolition. 7 Scale: In a building or structure, the relationship of the vertical, horizontal and volume measurements; the relationship of the parts to one another within a building, or structure or in comparison to other buildings or structures within that vicinity. Site: the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Examples of sites include: cemetery, design'ed landscape, habitation site, natural feature having cultural significance, rock carving, rock shelter, ruins, trail or village site. Structure: Anything constructed or erected, the use of which requires a permanent or temporary location on or in the ground, including, but not limited to, the following: earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, and swimming pools. As distinguished from buildings, structures are those functional constructions made usually for purposes other than creating human shelter. Sec. 25-3. Historic preservation commission established; membership; term of office; vacancies in office. (A) The historic preservation commission is hereby established and shall consist of seven (7) members who shall be residents of the city. (B) Members of the commission shall be appointed by the city council as follows: One resident from each designated historic preservation district, including the districts hereinafter established; and two (2) at large members. Each member shall possess qualifications evidencing expertise or interest in architecture, history, archeology, law, construction or building rehabilitation, city planning or conservation in general. One commission member shall be a licensed architect. (C) The original appointment of the members of the commission shall be as follows: Two (2) for one (1) year; two (2) for two (2) years, and three (3) for three (3) years, from July 1 of the year of such appointment or until a successor is named to serve out the unexpired portion of a term of appointment or until a successor is appointed to serve for a term of three (3) years. Members appointed thereafter shall serve three-year terms. 8 (D) Vacancies occurring in the commission, other than through expiration of term of office, shall be only for the unexpired portion of the term of the member replaced. Each member shall serve until the appointment of a successor. (E) Members may serve for more than one term. (F) Vacancies shall be filled by the city council in accordance with the requirements set forth above. (G) Members shall serve without compensation. Sec. 25-4. Election of officers; organization; rules and bylaws; conduct of meetings; record of actions; attendance at meetings. (A) The commission shall elect from its membership a chairperson and vice chairperson, whose terms of office shall be fixed by bylaws adopted by the commission, The chairperson shall preside over meetings of the commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. (B) The city manager shall designate a person to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the commission. (C) The commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the calling of special meetings by the chairperson or by at least three (3) members of the commission and quorum requirements. (D) All meetings of the commission shall be subject to Iowa Code Chapter 21, the Iowa Open Meetings Act. (E) The commission shall keep a record of its resolutions, proceedings and actions. The records shall be subject to Iowa Code Chapter 22, the Iowa Public Records Act. (F) A quorum of the commission shall be required in order to transact business. (G) The affirmative vote of a majority of commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the commission. (H) The vote of each member of the commission shall be recorded. (I) A member of the commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve-month period. If any member does not attend such prescribed number of meetings it shall constitute grounds for the commission to recommend to the city 9 council that said member be replaced. Attendance of all members shall be entered on the minutes. (J) The commission shall file with the city council a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each meeting. Sec. 25-5. Powers and duties generally; procedures for operations. (A) The general duties and powers of the commission shall be as follows: (1) To promote and conduct educational and interpretive programs on historic properties within its jurisdiction; (2) To develop and adopt specific standards for review and design guidelines, in addition to those set forth in Section 25-10(A) of this chapter, for the alteration of landmarks, landmark sites or property and structures within historic districts; (3) To adopt its own bylaws; (4) To identify, evaluate, register, manage and protect significant prehistoric and historic amheological sites; (5) To conduct an on-going survey to identify historically, amheologically and amhitecturally significant properties, structures and areas that exemplify the cultural, social, economic, political, archeological or amhitectural history of the nation, state or city; (6) To research and recommend to the city council the adoption of ordinances designating areas as having historic, amhitectural, amheological or cultural value or significance as "historic districts"; (7) To research and recommend to the city council the adoption of ordinances designating properties or structures having historic, architectural, amheological or cultural value or significance as "landmarks" or "landmark sites"; (8) To maintain a register of all properties and structures which have been designated as landmarks, landmark sites or historic districts, including all information required for each designation; (9) To assist and encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places, and review and comment at a public hearing on any National Register nomination submitted to the commission upon the request of the mayor, city council or the State Bureau of Historic Preservation; (10) To confer recognition upon the owners of landmarks or of property or structures within histodc districts; l0 (11) To review in-progress or completed work to determine compliance with specific certificates of appropriateness or certificates of economic non-viability; and (12) To serve as an advisory design review body to the city council for review of public works projects which have historic preservation implications in historic districts, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way. (B) The commission shall be governed by the administrative, personnel, accounting, budgetary and procurement policies of the city. Sec. 25-6. Identification and designation of landmarks, landmark sites and historic districts. (A) Generally. The commission may conduct studies for the identification and nomination of landmarks, landmark sites and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. (B) Nomination. (1) Landmarks and landmark sites. The nomination of landmarks and landmark sites shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. (2) Hisfodc districts. The designation of historic districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the city council, or any other person or organization. When a commissioner, as a private citizen, nominates an historic district for designation, the nominating commissioner shall abstain from voting on the designation. This provision shall not extend to a designation motion presented by a commissioner as part of commission proceedings. (C) Criteria for consideration of a nomination. The commission shall, upon such investigation as it deems necessary, make a determination as to the following: (1) The nominated property, structure, object, site or area: a. Is of architectural significance, as defined by this chapter; or b. Is associated with events that have made a significant contribution to the broad patterns of the history of the City of Dubuque, Dubuque County, the State of Iowa or the nation; or c. Is associated with the lives of persons significant in the past the City of Dubuque, Dubuque County, the State of Iowa or the nation; or 11 d. Has yielded, or may be likely to yield, information important in pre-history or history; and (2) The structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and (3) The structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it has achieved significance within the past fifty (50) years and is of exceptional importance. (D) Notification of nomination. Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark, landmark site, or property within the nominated historic district and to the nominator(s). Notice shall also be published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. (E) Pub~lc hearing. Oral or written testimony concerning the significance of the nominated landmark, landmark site or historic district shall be taken at the public hearing from any interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site or historic district with the criteria set forth in paragraph (c) above. The owner of any nominated landmark, landmark site or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cress-examine expert witnesses. The hearing shall be closed upon completion of testimony. (F) Determination by the commission~ recommendation and report. Within thirty (30) days following the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site or historic district does or does not meet the criteda for designation. Such determination shall be made in an open meeting by resolution of the commission, shall be reduced to writing in the form of a recommendation and shall be supported by a written report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site or historic district, and its supporting report, shall be filed with the long range planning advisory 12 commission, and shall include a proposed ordinance or amendment establishing such landmark, landmark site or histodc district and describing its location and boundaries by address and legal description. (G) Action by long range planning advisory commission. Within sixty (60) days after receipt of the commission's recommendation, report and proposed ordinance or amendment, the long range planning advisory commission shall report to the city council with respect to the relation of the nomination to the general development plan, zoning ordinance, proposed public improvements and any plans for the renewal of the area involved. Upon submission of the report of the long range planning advisory commission, or upon the expiration of the sixty-day period, the matter shall be transmitted to the city council. (H) Action by city council. (1) The city council shall submit the proposed ordinance or amendment to the Bureau of Historic Preservation of the State Historical Society of Iowa for review and recommendations at least forty-five (45) days prior to the date of any public hearing conducted by the city council. Any recommendations made by the Bureau of Historic Preservation shall be made available by the city to the public for viewing during normal working hours at a city government place of public access. (2) Upon receipt of the recommendation and report of the historic preservation commission and the report of the long range planning advisory commission, and after having received a recommendation from the Bureau of Historic Preservation or if the forty-five-day waiting period has lapsed since submission of the request for such recommendation, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site or historic preservation district. After public hearing, the city council shall approve or disapprove the ordinance or amendment, or refer the nomination back to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. (3) City council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site or historic district. (I) Amendment and rescission of designation. A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and according to the same criteria as set forth above for designation. Sec. 25-6.1. Lan,qworthy Historic Preservation District. 13 The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through '12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S. Naim's Dubuque Addition. Sec. 25-6.2. Old Main Histodc Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: All of city Lots 1 through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza. Sec. 25-6.3. Jackson Park Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M, A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the south line of Lot 1-5-C,L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 5-2-C.L 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 'l-lA-Dorgan's Sub.; southwest along said line and along the east line of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D.N, Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east along said line to the east line of said lot; south along said line and the east line of Lot 2-3-C.L. 667 to the south along said line of Lot 2-1-C.L 667; east along said line to Bluff 14 Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said line to the east line of Lot 769B orA. McDaniel's Sub.; south along said line and the east right-of-way line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south along said line and its extension to West 9th Street; east along West 9th Street to Locust Street; north along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; east along said line and its extension to the east line of the west 33 feet, north 1/5-C.L. 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Street and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the point of beginning. Sec. 25-6.4. Cathedral Historic Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to provisions of this chapter, to wit: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast along said line to the northwest line of the north fifty (50) feet of Lot 1-1-C.L 653; southwest along said line to the northeast line of Coriell's Dubuque Sub.; first southeast then in a clockwise manner along said line to West Fifth Street; southeast along West Fifth Street; to the northwest line of the west one hundred seven and five-tenths (107.5) feet-west one hundred seventy (170) feet-C.L. 624; southwest along said line to the northeast line of Cooper Heights Sub; southeast along said line and along the northeast line of Lot 1~1-1-1C.L. 692 to the north right-of-way line of West Fourth Street; southwest along said right-of-way line and along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon Point Sub.; first northeast then in a clockwise manner along said line to the southwest line of Lot I-E. seventy-eight and five-tenths (78.5)feet south one hundred (100)feet-C.L. 692; southeast along said line to West Third Street to the southwest line of Saint Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L. 694; first northeast then in a clockwise manner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west 15 right-of-way line of Bluff Street; southeast across Bluff Street to the northeast line of C.L 589A; continuing southeast along the northeast line of C.L. 689A and the northeast line of C.L 589 and the northeast line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along Locust Street to the southwest line of the south fifty (50) feet-C.L. 568; northwest along said line to Bissell Lane; noah along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West Seventh Street, the place of beginning as described herein. Sec. 25-6.5. West Eleventh Street Histodc Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to provisions of this chapter, to wit: Beginning at the intersection of Loras Boulevard and Bluff Street; south along Bluff Street to the south line of A.L Brown's Sub.; west along said south line to the east line of Lot 769B of A. McDaniel's Sub.; south along said east line and along the east right-of-way line of Grove Terrace and along the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said north line to the east line of Lot 1-1-1-11-Lodmer's Sub; south along said east line and its southerly extension to West 9th Street; west along West 9th Street to the west line of Central Addition; north along said west line to the south line of the east twenty-seven (27) feet-Lot 3-C.L. 703; west along said south line to the west line of said lot; north along said west line to the north line of the west one hundred thirty-nine (139) feet-Lot 3-C.L. 703; west along said north line to the east line of Lot 2.46A-Farley's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the west line of Lot 2-46A-Farley's Sub.; south along said west line to the south line of Lot 1-46-Fadey's Sub.; west along said south line and along the south line of Lot 1-45-Farley's Sub. to the west line of said Lot 1-45; north along said west line to Wilbur Street; west along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2-43-Farley's Sub.; west along said south line to the east line of the south eighty (80) feet-Lot 37-Farley's Sub.; north along said east line to the noah line of said lot; west along said north line to the east line of Lot 38-Farley's Sub.; north along said east line to Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L, 738 to the west line of Lot 2-1-1-3-0.L. 738; north along said west line and along the west line of Lot '1-1-1-3-C.L, 738 and along the west line of Lot 2-1-3-C.L 738 and along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north alon the west lines of Lots 11, 10, 9 and 8 of Cummin's Sub.; north across Race Street; north along the west line of Lot 16 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east along the north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along Walnut Street to Loras Boulevard; east along Loras Boulevard to Henion Street; north along Henion Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7-C.L. 667; south along said east line to the south line of Lot 1-4-C.L 667; first east line then in a counter-clockwise manner along the southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot 2-1-C.L 667; south along said west line of the south line of Lot 2~1-C.L. 667; east along said south line to Bluff Street; south along Bluff Street to Loras Boulevard, the place of beginning. Sec. 25.6.6. William M. Black Landmark. The structure hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor. Sec. 25-6.7. Dubuque City Hall Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50 West 13th Street. Sec. 25-6.8. Dubuque County Courthouse Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central Avenue. Sec. 25-6.9. Dubuque County Jail Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: 17 The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th Street. Sec. 25-6.10. Julien Dubuque Monument Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of Monument Drive. Sec. 25-6.11. Mathias Ham House Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. Sec. 25-6.12. Shot Tower. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. Sec. 25-7. Demolition of landmarks, landmark sites or structures in histodc districts; demolition by neglect; certificate of economic non-viability, (A) Demolition generally. Demolition of landmarks, landmark sites or structures within historic districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic non-viability pursuant to Section 25-9(h) of this chapter. (B) Demolition by neglect prohibited. The owner of real property in any histodc district or of a landmark or landmark site shall preserve and keep from deterioration all buildings and structures located on such real property. The owner shall repair the building or structure to correct any of the following defects found by the City's designated enforcement officer: (1) parts which are improperly or inadequately attached so that they may fall and injure persons or property; (2) a deteriorated or inadequate foundation; 18 (3) defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; (4) walls, partitions or other vertical supports that split, lean, list or buckle due to defect or deterioration or ara insufficient to carry the load imposed; (5) ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; (6) fireplaces and chimneys which list, bulge or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; (7) deteriorated, crumbling or loose extedor stucco or mortar; (8) deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; (9) defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; (10) any default, defect or condition in the structure which renders it structurally unsafe or not property watertight; (11) accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles, and other refuse; (12) deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or (13) deterioration or removal after the effective date of this ordinance of any unique architectural feature which would detract from the original architectural style. Sec. 25-8. Alteration of landmarks, landmark sites or structures in historic districts; determination of no material effect; certificate of appropriateness; review of preservation alternatives; certificate of economic non-viability. (A) After designation of a landmark, landmark site or historic district by the city council, any proposed alteration or activity which will affect a landmark, landmark site or structure or site within any historic district, and for which a regulated permit is required, shall be reviewed by the historic preservation commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a regulated permit as herein defined. (B) No regulated permit may be issued prior to review by the commission. (C) Upon review, the commission shall have the authority to take the following actions: 19 (1) Authorize the proposed project, determination of no material effect. a. If an application submitted to the commission demonstrates compliance with the "Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation", the Secretary of Interior's "Standards and Guidelines for the Treatment of Historic Properties", and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68, as amended, as established by this chapter and, pursuant to the bylaws adopted by the commission, a determination may be made that such work or activity would: 1. Not result in a material change in appearance; or 2. Not be visible from the public way. b. The city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. (2) Approve the proposed project; certificate of appropriateness. a. The commission shall issue a certificate of appropriateness if, upon application and after conducting a review of the application, it finds: 1. That the property owner or the property owner's representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the commission and conforms to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the extedor architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness shall enable the applicant to obtain a regulated permit and to proceed with the proposed alteration or activity. (3) Disapprove the proposed project; review of preservation alternatives; certificete of appropriateness. a. The commission shall issue a certificate of appropriateness, upon application for and after conducting a review of preservation alternatives, it finds: 1. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed alteration or activity comply 20 with the standards for review set forth by this chapter and regulated by the commission, and conform to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness after a review of preservation alternatives shall enable the applicant to obtain a regulated permit and to proceed with the proposed alteration or activity. (4) Disapprove the proposed project; certificate of economic non-viability. The commission shall issue a certificate of economic non-viability, upon application or upon its own motion, if: a. A review of preservation alternatives has been conducted and a certificate of appropriateness has been denied; and b. The commission determines that disapproval of the proposed work or activity would prevent the property owner from earning any reasonable economic return from the property. In considering whether the property has been prevented from earning any reasonable economic return, the commission shall deny the certificate of non-viability where the inability to earn any reasonable economic return has been created by the property owners' conduct including, but not limited to, neglect of maintenance or absence of bona fide attempts to earn a reasonable economic return. (D) The building official, city engineer or other local authorities shall not issue a regulated permit until there has been a determination of no material effect or a certificate of appropriateness or a carth~cate of economic non-viability issued. (E) The transfer of a determination of no material effect, certificate of appropriateness or certificate of economic non-viability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. (F) Each determination of no material effect, certificate of appropriateness or certificate of economic non-viability issued under the provisions of this article shall expire and become null and void if the alteration, construction, repair, removal, demolition or excavation for which the determination of no material effect, certificate of appropriateness or certificate of economic non-viability was issued is not initiated within one (1) year of its issuance. 21 Sec. 25-9. Procedure for the review of plans; application for certificate of appropriateness; application for review of preservation alternatives; application for certificate of economic non- viability. (A) Application for regulated permit shall be made to the appropriate city official. The application shall state or the appropriate city official shall determine that the proposed alteration, activity or demolition is to be done on a landmark, landmark site or on a structure within a historic district. (B) Upon the filing of such permit application, the appropriate city official shall notify the applicant that the matter must be reviewed by the historic preservation commission before a regulated permit can be issued. (C) If a permit application demonstrates compliance with the provisions for a determination of no material effect as established by this chapter, then the city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. If a permit application does not demonstrate compliance with the provisions for a determination of no material effect as established by this chapter, then an application for design review by the commission of the proposed work, activity or demolition must be made by the applicant. Application for commission review shall be filed in the Planning Services Department. (D) Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall meet within twenty-one (21) days after the filing of the application for commission review. The commission shall review the proposed project according to the duties and powers specified in this chapter. In reviewing the proposed project, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional drawings, sketches, photographs or other exhibits as it deems reasonably necessary for consideration of the application. (E) The commission shall approve or disapprove such plan. (F) If the proposed project is approved, the commission shall issue a certificate of appropriateness. (G) If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal which, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the dght to resubmit a modified proposal at any time. 22 (H) Prior to filing an application for a certificate of economic non-viability, as provided for in subsection (1) below, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain preservation alternatives as defined herein, including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. (1) After a review of the preservation alternatives, the commission shall approve or disapprove such plan. (2) If the proposed project is approved, the commission shall issue a certificate of appropriateness. (3) if the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal that, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. (I) If the commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a certificate of economic non-viability. (1) Upon application or motion for a certificate of economic non-viability, the commission shall schedule a public meeting on that application or motion. (2) Data to be provided by the applicant. The commission may solicit expert testimony or require that the applicant for a certificate of economic non-viability make submissions concerning any or all of the following information before rendering its decision: a. Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the historic preservation commission for changes necessary for the issuance of a certificate of appropriateness; b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use; 23 d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or rouse of the existing structure on the property; e. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; f. If the property is income-producing, the annual gross income from the property for the previous two (2) years; g. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; h. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; i. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; j. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; k. The assessed value of the property according to the two (2) most recent assessments; I. The amount of foal estate taxes for the previous two (2) years and whether or not they have been paid; m. The form of ownership or operation of the property, whether sole proprietorship, for-proht or not-for-profit corporation, limited partnership, joint venture or other; n. Any other information considered necessary by the commission to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including but not limited to the income tax bracket of the owner(s) or applicants or of the principal investor(s) Jn the property; o. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and a economic return from the property; and p. A showing of the applicant's efforts in ongoing maintenance and repair. (3) Determination of economic non-viability. The commission shall review all of the evidence and information required of an applicant for a certificate of economic non-viability; and 24 a. If the commission finds that disapproval of the proposed work would prevent the property owner from eaming any reasonable economic return from the property, the commission shall: 1. Immediately issue a certificate of economic non-viability; or 2. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic non-viability. During this time, the commission shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued dudng this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty-day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a certificate of economic non-viability. b. If the commission finds, after initial review or after the one hundred eighty-day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the property, then the commission shall deny the application for a certificate of economic non-viability. (J) No regulated permit shall be issued authorizing a material change in appearance of a landmark, landmark site or of a structure or site within a historic district until there is a determination of no matedal effect or a certificate of appropriateness or a certificate of economic non-viability filed with the building official or the city official authorized to issue the necessary regulated permit. (K) In the event the commission disapproves of a proposed project, the notice of disapproval shall be binding upon the building official, city engineer or other local authority, and no permit shall be issued in such a case. The failure of the commission to approve or disapprove an application for a certificate of appropriateness within sixty (60) days from the date of the filing of an application, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval, unless within such sixty (60) days the commission has made a determination of economic non-viability and has suspended its decision regarding a certificate of economic non-viability pursuant to subsection (I~(I)(3)a.2. Sec. 25-10. Standards for review. (A)The commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the 25 specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. (B) The "Secretary of Interior's Standards and Guidelines for Amhaeology and Historic Preservation", the Secretary of Interior's "Standards and Guidelines for the Treatment of Historic Preperties", and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," codified as 36 CFR 68, as amended, shall provide the guidelines by which the commission shall review an application for a certificate of appropriateness or certificate of economic non-viability, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior shall be adopted by the commission. (C)The commission shall also be guided by any design standards specified in the ordinance or amendment designating the landmark, landmark site or histodc district. Sec. 25-11. Appeals from commission action. (A) An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal with the Planning Services Department within thirty (30) days from the date of notice of the commission's action. (B) Upon filing of a notice of appeal, the Planning Services Department shall immediately transmit such notice and the record of the action before the commission to the city clerk. (C) On appeal, the city council shall consider only the record of the action before the commission. No new matter may be considered. (D) The city council shall consider whether the commission has exercised its powers and followed the guidelines established by law and the historic preservation ordinance [this chapter], and whether the commission's action was patently arbitrary or capricious. (E) The city council may affirm or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give wdtten notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. (F) An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days of the city council's decision to the District Court for Dubuque County, pursuant to Iowa Code Section 303.34. 26 Sec. 25-12. Inspection. (A) After a certificate of appropriateness or certificate of economic non-viability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the approved plans. (B) Historic preservation commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. Sec. 25-13. Violations; penalties. It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of Section 1-8 and Sections 1-15 through t-17 of the City of Dubuque, Code of Ordinances. Icarsten/~vp/Hpc/h pord~2.doc 27 CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager City Assessor's Office With a vacancy occurring in the City Assessor's position, the City Council asked for information related to the possible combining of the City Assessor's Office with the County Assessor's Office. Administrative Services Manager Pauline Joyce has prepared a very thorough review of that issue. Some important points from that review include: Of the larger cities in Iowa, only Polk County and Blackhawk County have combined offices. Mason City, Clinton, Dubuque, Iowa City, Cedar Rapids, Dtivenport, Ames and Sioux City all operate an independent City Assessor's Office. The City Assessor's Office is governed by a conference board consisting of the Dubuque City Council, the County Board of Supervisors and the Dubuque Community School District, with each unit of government getting one vote based on the majority vote of their individual governing body. The Board is chaired by the Mayor of the City of Dubuque, and the legal counsel is the Corporation Counsel of the City of Dubuque. If the City Assessor's Office were eliminated, the City of Dubuque assessments would fall under the jurisdiction of the Dubuque County Assessor's Office. The County Conference Board consists of the mayors of all incorporated cities in the county, one representative from the Board of Directors of each high school district of the county, and members of the Board of Supervisors. Each one of these units has one vote, as determined by a majority vote of the group. In the case of the mayors, the City of Dubuque would be one vote out of twenty-one. The Board would be chaired by the Chairperson of the Board of Supervisors and the legal representation would be provided by the Dubuque County Attorney's Office. The current City Board of Review, which hem's all assessment appeals, is made up of five people, including two realtors, a Dubuque businessman, the retired County Assessor and an architect. If the offices were combined, appeals would be heard by the County Board of Review, which shall include one licensed real estate broker, one registered architect or person experienced in the building and construction field, and at least one member must be a farmer. With a separate City and County Assessor's Office, separate property tax equalization orders are received from the state. With a combined Assessor's Office, the entire county, including the City of Dubuque, would be under one equalization order. The City of Dubuque routinely receives a kigher equalization order than the County of Dubuque. With 61% of the total assessed values under a combined system, it seems reasonable to conclude that the City's equalization orders will not go down, but that the County equalization orders will probably go up. The City of Dubuque Assessor's Office and the County of Dubuque Assessor's Office currently work very efficiently when compared to the tax levies needed to support other assessor's offices in the state. Therefore, there will be very little room for operating efficiency and related savings with a combined office. While I am a firm believer in reviewing elements of the City operation to create operational efficiencies especially when a vacancy occurs, I also understand that those reviews will at times demonstrate that the current operations are actually the most efficient and effective means of delivering the service. I think in general that that shows to be the case with the existing separate operation of a County Assessor's Office and a City Assessor's Office. I respectfully recommend that the Mayor and City Council approve the continued existence of the City Assessor's Office. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Pauline Joyce, Administrative Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: Michael Ct Van Milligen, City Manager FROM: Pauline Joyce, Administration Services Manager SUBJECT: City Assessor's Office The purpose of this memorandum is to provide background information and analysis of the City Assessor's Office for City Council deliberation on whether to continue or abolish the office as requested by the Mayor. This question was raised at the Conference Board meeting of February 20th during the discussion of filling the position of City Assessor. The Conference Board will be meeting again on March 12 when they would act on the recommendation of the Examining Board if City Council decides to continue to have a separate City Assessor's Office. I would like to start out by providing background information on the Assessor's Office and related Boards. CONFERENCE BOARDS The Code of Iowa provides that in each county and each city having an assessor there shall be established a conference board. In counties the conference board consists of the mayors of all incorporated cities in the county whose property is assessed by the county assessor, one representative from the board of directors of each high school district of the county, who is a resident of the county, and members of the board of supervisors. In the counties the chairperson is the chairperson of the board of supervisors. In any action taken by the conference board, the mayors of all incorporated cities in the county, whose property is assessed by the county assessor, constitute one voting unit, the members of the board of education are one voting unit, and the board of supervisors are one voting unit. In Dubuque County, there are 21 mayors that constitute one vote. In cities having an assessor the conference board consists of the members of the city council, school board and county board of supervisors. The chairperson is the mayor of the city council. Each elected body represents one third of the voting power of the board. If the City were to abolish its City Assessor position, City Council would have only 1/21 of 1 voting unit on the Conference Board. The County Board of Supervisors would have 1 voting unit and the Schools would have 1 voting unit. The Chairperson of the County Board of Supervisors would be Chair of the Conference Board versus the current arrangement where the Mayor serves as Chair of the City Conference Board. The duties of the conference board include: appointment and removal of the Assessor, approval of the annual budget, appointment of the Board of Review, employment of appraisers or other technical or expert help to assist in the valuation of property and the ability to levy annually a special appraiser's fund for this purpose. BOARDS OF REVIEW The board of review may consist of either three members or five members. As nearly as possible this board shall include one licensed real estate broker and one registered architect or person experienced in the building and construction field. In the case of a county, at least one member of the board shall be a farmer. Not more than two members of the board of review shall be of the same profession or occupation and members of the board of review shall be residents of the assessor district. The terms of the members of the board of review are for six years, beginning January 1 of the year following their selection, with staggered terms. The current County Board of Review is made up of three people representing farming, insurance and real estate backgrounds. The County Board of Review receives legal counsel from County Attorney Fred McCaw. The current City Board of Review is made up of five people including two Realtors, a Dubuque businessman, retired County Assessor, and an architect (membership list is attached). The board receives legal counsel from Corporation Counsel Barry LindahL The powers of the Boards of Review include: to equalize assessments by raising or lowering the individual assessments of real property, including new buildings, made by the assessor. * to add to the assessment rolls any taxable property which has been omitted by the assessor. * to add to the assessment rolls for taxation property which the board believes has been erroneously exempted from taxation. in years when an assessment has been made of all the real estate in a taxing district, it shall determine the actual value, and any aggrieved taxpayer may petition for a revaluation of the taxpayer's property * all changes in assessments authorized by the board of review, shall be entered on the assessment roll and shall at all times be open to the public hear protests of any property owner or aggrieved taxpayer who is dissatisfied with the owner's or taxpayer's assessment, made final disposition of the protest, and provide written notice to the property owner or aggrieved taxpayer who filed the protest. ABOLISHMENT OF OFFICE OF CITY ASSESSOR A city with a population of 10,000 or more may by ordinance provide for selection of a city assessor and for the assessment of property in the city under the provisions of chapter 441 of the Code of Iowa. A city desiring to abolish the office of city assessor shall repeal the ordinance establishing the office of city assessor, notify the county conference board and the affected taxing districts, provide for the transfer of appropriate records and other matters, and provide for the abolition of the respective boards and the termination of the terms of office of the assessor and members of the respective boards. The abolition of the city assessor's office shall take effect on July 1 following notification unless otherwise agreed to by the affected conference boards. EQUALIZATION ORDERS Every other year equalization orders may be issued by the State. These are done by taxing district. If the City and County Assessor's Offices are combined, the equalization orders would be effective for the entire county. Currently, when an equalization order is given, the City receives its own equalization order by class of property and the County receives their own order that affects all other property within Dubuque County. The history of equalization orders for the City and County of Dubuque are as follows: City of Dubuque Year Residential/Comm. 1999 None 1997 + 10%/+ 14% 1995 + 17%/+ 16% 1993 + 16%/+ 16% 1991 +16%/ 0 Dubuque County Residential/Commercial None +8%/+10% +19%/+8% +21% rural & 13% urban/no comm + 10% rural & 8% urban/+7% With the City of Dubuque representing approximately 61% of total assessed valuations in Dubuque County, the chances of an equalization order driven by City values negatively impacting the county tax payers is fairly great as noted in the chart above. OTHER CITIES AND COUNTIES Independent City Assessor Offices are maintained in Mason City, Clinton, Dubuque, Iowa City, Cedar Rapids, Davenport, Ames and Sioux City. Of the larger cities in Iowa, only Polk and Black Hawk counties have combined the offices. I did have an opportunity to talk to the Polk County Assessor who shared the following information regarding their operation. Des Moines chose to combine their City and County Assessor Offices when there was a vacancy in the County Assessor's position. The City's comfort level was therefore a little greater as it was their City Assessor assuming the leadership role of the new combined office. They have achieved approximately a 10% savings in the number of employees (reduced by four) due primarily to the use of the Internet which allowed them to make all of their assessment records available to the public. The savings were realized in reduced need for counter help and the staff reductions were accomplished through attrition. A potential downside to the combined office is the need for sufficient staff to keep reappraisals current enough to avoid or minimize equalization orders. This is necessary to avoid impacting either City or County property owners unnecessarily through equalization orders. For example, if residential property in the City were selling well above market value, but not in the County, the State could issue an equalization order that will increase all residential property values across the board, even though rural residential and residential properties in smaller towns within the county may not be realizing the same sellers market. This could also happen if County values were increasing faster than City values, however, with the City making up 61% of total county wide valuations, this is less likely to have a significant impact. The only way to avoid this potential problem is to staff up sufficiently to make sure there ~s sufficient reappraisal activity to keep valuations fairly current with market conditions. In most smaller communities, staff is limited and doing all they can just to keep up with permits on new construction and remodeling. They don't have sufficient time or resources to react to market conditions to avoid every other year equalization orders. LEVY COMPARISON In terms of property tax levies, I have prepared the attached Budget Summary for each of the Assessor's Offices separate and if they were combined without any operating budget reductions. In Fiscal Year 2002 City tax payers will be paying 9.24021 per 91,000 assessed value for the City Assessor's operations plus $.06493 for the Special Appraisal Fund for a total rate of 9.30514. The County tax payers will be paying 9.26193 per 91,000 assessed value for the County Assessor's operations plus ~.04703 for the Special Appraisal Fund for a total rate of $.30896. If the two budgets were combined without any operating budget savings, city and county tax payers would pay $,30672 per 91,000 of assessed value. This means that in Fiscal Year 2002, if the offices were combined with no reduced tax askings, City residents would pay slightly more (9.00158) in taxes than if they remain separate. County residents on the other hand would see a slight reduction ($.00224) in their property taxes. I have done a comparison of the City and County of Dubuque's Assessor levies to that of other Iowa communities as some indication of where we stand in terms of office efficiency. Using Fiscal Year 2001 actual levies, the average statewide levy for County Assessor's Offices was ~.2815 for the Assessment Fund and ~.1570 for the Special Appraisal Fund for a total of (;.4385. This compares to the Dubuque County Assessor's levy of ~.26639 for the Assessment Fund and 9,10264 for the Special Appraisal Fund for a total of (;.36903. The Polk County ~evy where the offices were combined several years ago was ~.29677 and 9.01777 for a total of (;.31454. In Black Hawk County where the offices were also combined the levy was $.25501 and $.08338 for a total of (;.33839. Using the same comparison for City Assessor's Offices, the statewide average for City Assessor's Offices was 9.2387 for the Assessment Fund and $.1214 for the Special Appraisal Fund for a total of (;.3601. The City of Dubuque's Assessor's Office levy was 9.2696 and 5.07121 for a total of (;.34081. This provides some indication that the both the City and County Assessor's Offices are comparing very well to statewide averages. Aisc, in Dubuque the Assessor's Offices do not use the Special Appraisal Fund for recurring appraisal work which many offices are doing. The City can anticipate the Special Appraisal Fund going to zero in Fiscal Year 2003, leaving us a tax rate for the City Assessor's Office of approximately $.24. I believe the County Assessor's Office will also be reducing their tax rate in Fiscal Year 2003 to approximately 9.26 based on completion of the reappraisal work. FISCAL IMPACT In terms of potential operating budget savings to city and county tax payers from combining the two offices, you could anticipate up to a 15% increase in the County Assessor's salary (-F $12,500), elimination of the City Assessor position (-966,083), addition of an Appraiser position to assume the City Assessor's work load (+ 938,000) and increases in the Deputy salaries based on 80% of the County Assessor's salary (+96,300 for Rick Engelken and +910,000 for Dave Kubik). This would result in a net increase in the overall budget of 9717. There could be some savings associated with three to five members less on the Board of Review. The City members are paid 91,750 per session and the County members $1,300 per session plus mileage. There would potentially be savings of approximately 96,150 per session. There may be other savings realized, but I couldn't and wouldn't at this point in time hazard a guess, since both offices are currently being run very efficiently and there is already joint ordering of supplies and sharing of computer services. I have attached a copy of the current personnel complement and salaries for both the City and County Assessor Offices. OTHER CONSIDERATIONS I did ask members of the two Boards of Review to provide me with their thoughts regarding the possibility of abolishing the City Assessor's Office and those comments have been attached. Also attached is the report Jan Hess prepared for the Board of Supervisors that was handed out at the last City Conference Board meeting. Another facet of the office that needs to be addressed is the amount of time the City Assessor spends addressing information requests from City staff. Currently the Budget Officer, Finance Director, Community and Economic Development Department, Planning Services Department, Engineering Department, Health Services Department, Building Services Department, Legal Department and Information Services Department depend on the City Assessor's Office for information, analysis and expertise on a frequent basis. I have visited with several of the affected departments and they feel very strongly that the current City Assessor's staff has been extremely responsive and efficient in meeting their needs. The availability of this type of responsiveness is critical to City staff and must be protected/guaranteed in the future. The City has a significant investment in develop-able property and economic development projects underway. The City Assessor's Office is another key partner to making sure these projects proceed smoothly and that items such as minimum assessment agreements, TIF District changes, urban revite districts, and industrial tax exemptions are implemented as planned. The operations and services received in the past from the City Assessor's Office have been very professional, as indicated by only two court cases in the last eight years and both of those won through the work of the City Assessor's Office and Corporation Counsel. CC: Michael C. Van Milligen Conference Board Members Jeanne Schneider BOARD OF REVIEW MEMBERS ADDRESSES RUTIi ANN HANSON 1955 MARION STREET DUBUQUE, IA 52003 GREG HUTCHINSON 3847 ASBURY ROAD DUBUQUE, IA 52002 JOHN GANSH IRT 700 KELLY LANE DUBUQUE, IA 52003 ROBERT SCHAUB 1745 EMBASSY WEST DRIVE DUBUQUE, IA 52002 DON LOC~R 686 West 8th Street DUBUQUE, IA 52001 DEPARTMENT OF REVENUE & FINANCE GERALD D. BAI1L DIRECTOR HOOVER STATE OFFICE BUll ,DING DES MOINESa IA 50319 ........... - ................ TypE~D ......................................................... ............................................... TypE~D ................................................... ASSESSMENT SPECIAL TORT TOTAL TOTAL PROPERTY CODE NAME EXPENSE FICA IPERS EMERG UNEMPLOY AppRAISE LIABIL RATE LEVY TT~X ONLy Pauline Joyce Financial Director City of Dubuque Dear Pauline; position Re: Proposed combining of city and county Assessor As a long time member of the City of Dubuque Board of Review and and speaking for all the members of the board I wish to express our opposition to the proposed merger of assessors. The city board of review is of course responsible to the City of Dubuque, in its prime responsibility of over seeing the assessors activities and operating as a review board for citizens who have concerns over their property values. The city conference board ( composed of city, school and county elected officials) determines its budget as well as the City assessors budget. That single fact is probably enough reason to not combine with the county. Let me go the next step ...... If the city relinquishes its control over the assessors office it effectively turns over the budget mat[ers to a county conference board (composed of the county, school and mayors of the incorporated town in the county ) to a majority of outside of the city of Dubuque elected officials who may not have the the same interest in the matters of the assessing authority that exist under the current system. We (the Board of Review) have heard this proposal before....Jt is usually prefaced with the saving of tax payer dollar argument. This is great rethoritic but to our knowledge not true in practice. The statement of support sometimes heard is that a county assessor in the same county with a city assessor may say that the combination would save money...sometimes as much as 20% of the city assessor budget. It just hasn't been true and mainly because the county seldom has a real concept of the difference in duties. The county of Dubuque population is composed of roughly 2/3 city and 1/3 county .... for the city to relinquish control of its taxing authority to the county would fly in the face of representative governing. It would be all gain for the county and all loss for the city. Cooperative efforts in the area of economic development or zoning are good and of course supported by the Board of Review. The proposal to turn the assessing authority over to the county especially in the bombshell approach used at the last Page 1 conference board meeting was both politically and socially shoddy, let alone very imbaressing to a very capable and devoted employee, Rick Engleken. Any combination of city and county offices should at least be given the courtesy of having been studied by a citizen committee and proposals discussed over a period of time that allows for considered opinions of the area to have input. Thank you for allowing us to have input into the process. Page 2 FROM : DUBUQUE COUNTY ASSESSOR FRX NO. : 319 589 4455 Febmary23,~O01 To Whom It May Concern: I was asked to express my opinion in regard to Dubuque County combining the County and City Of D~buque Assessors' Offices, Combining the two offices could possibly work with us~ of computers, otc, and save the governmen~ some money, My question is would the taxpayer receive servic~ equal to what they currently have. I have served the past ~ight years on the County Board of Review and the number of petitions £Or rc~'/ew coming to us baa always been low which mean~ the County Assessor's is doing a gco~ job. As to the City Assessors, I don't know, however, I have not heard any bad cormnents about thdr work. Remember all tax work st~ts with the assessor's offices aud if they do a poor job all county offices are in trouble, I suggest putting the offices together for two years and them r~view the reaults. cl~as Hughes FRdH : DUE~UI~UE COUHTY R$~EE~F.]I~ F~IX h,lO. : 319 589 445~ Feb. 2~ ~001 03:82PH p~ Febn~a~ 26, 2001 To Whom It May Concern: I a~ wrking'this letter to express my opinion on the combining of the City and County Assessor's Office, In my opinion, and as a member of the County Board ofKeview, I am in favor of anything that will ~ave the taxpayers money, I feel this combination would provide grc~,r ut/lization of office personnel & prop0rty, I would be imerested in having more information regarding the ac~al ~avlngs of this potential combination. ~[ucerely, TELEPHONE: 319-589-4462 DUBUQUE COUNTY COURTHOUSE DUBUQUE, IOWA 52001-7079 JAN HESS Perssnnel Director Adminis[rative Assistant JOAN BODNAR-NOON Persannel Assistant TO: RE: FROM: DATE: DUBUQUE COUNTY BOARD OF SUPERVISORS MERGER OF COUNTY & CITY ASSESSOR OFFICES JAN HESS, PERSONNEL DIRECTOR ~ February 19, 2001 I have done some research on the matter of combining the offices of the County and City Assessor and have found that the following offices have been combined. Narrative includes the salary adjustment made for the Assessor at the time of the merger. 1. Black Hawk County and the City of Waterloo This merger happened in 1986 when the City Assessor retired. A community advisory group recommended it, after having been appointed to study it by the Mayor of Waterloo. The County Assessor received an 18% adjustment in salary. The present assessor is enthusiastic about the result. She said that although all staff were retained at the time of the merger, there has been~dramatic staff reduction through attrition. She said that there was concern about City of Waterloo representation on the Board of Review at the time of the merger, but that issue was resolved. 2. Polk County and the City of Des Moines. This merger becmne effective on July I. 1997. The Assessor received a 10% salary adjustment at the time. The only action required was that the City Council of the City of Des Moines eliminated the office of City Assessor. It was done when the County Assessor retired. 4 positions have been eliminated since that time. mainly because assessment information is now posted on the internet, eliminating telephone calls. One of the four positions eliminated was the position :0f City Assessor. 3. Pottawattamie County and City of Council Bluffs. This merger was done in the early 1970%. The present County Assessor said that the primary benefit of the merger was that uniformity in approach to assessment, using the same rules and same administration. 4. Jasper County and City of Newton This merger began in 1989 when the City of Newton City Council and the Jasper County Board of Supervisors entered into a 28-E Agreement for operation of the two offices, retaining both Conference Boards and Boards of Review. This Agreement (attached) was in effect for two years, when both bodies decided in 1991 to simply merge the two offices into one, and retain only the County Conference Board. 5. Webster County and the City of Fort Dodge. This merger happened January 1, 1992. There was no raise for the Assessor; the County Assessor retired and the City Assessor assumed both positions. The Assessor said that the advantage was in cross-training for assessment of different kinds of buildings within the office, and the savings of one salary. 6. Muscafine County and the City of Muscatine This happened in 1978 upon the death of one of the assessors. The City Assessor was eliminated. The Assessor said that disparities in methodology were resolved and that the saving was one salary. There was no salary adjustment for the assessor at the time. 7. Marshall County and City of Marshalltown. This merger happened February 1, 1999. There was no cost analysis done at the time, but the Assessor said there was definitely savings. The Assessor received a 25% salary adjustment for doubling his work. 8. Des Moines County and City of Burlin~on 9. Mahaska County and City of Oskaloosa The cities that continue to have separate Assessors and Conference Boards are Ames, Cedar Rapids, Clinton, Mason City, Sioux City, Davenport and Iowa City. P~e2 02t201200~ ~0:39 64~79~602 JA~S CO ASSE~OR PAGE 02 CHAPTER 28E AGREEMENT BETWEEN JASPER COUNTY AND THE CITY OF NEWTON T~IS AGREEMENT Is Made and Entered Into this , 1989, by and between Jasper County, hereinafter referred to as the "County", and the City Iowa, hereinafter referred as the "City". day Iowa, of Newton, 1. This Agreement is entered into pursuant to the provisions of Chapter 28E, Code of Iowa, 1987, and shall become effective upon being signed by the Chairman, Jasper County Board of Supervisors, the Mayor, City of Newton, Iowa, and the Chairman of the Conference Board of the City of Newton, Iowa, and upon being filed and recorded as required by Section 28E. 8, Code of Iowa, 1987, and shall be in effect for a period of one year for the Fiscal Year commencing July 1, 1989, provided, however, that this agreement may be terminated by either party giving written aotice to the other party of their intention to ter~inate 60 days after the giving of such notice. This Agreement may thereafter be extended for such periods and on such terms as may be agreed to by the parties. The terms and provisions of this Agreement may be amended from time to time by Resolution of the governing bodies of both parties. 2. The purpose of this Agreement is to establish terms and conditions u~der which the County, acting by and through the County Assessor of Jasper County, Iowa, ~hall assume responsibility for the operation of the office of the City Assessor of the City of Newton, Iowa, and shall provide the administrative services and assume all responsibility for the staffing and operating of the office of the City Assessor of the City of Newton, Iowa, for and during the period of this contract. 3. Duties of the County. The County, acting by and through the County Assessor of Jasper County, Iowa, shall administer, staff and operate the office of the City Assessor of the City of Newton, Iowa, carrying out all the functions and responsibilities of that office as required by law and as contemplated by the provisions of Chapter 441 of the 1987 Code of Iowa, and reporting to the City as to the status of such matters on a bi-monthly basie during the term of this agreement. 02/20t200~ 10:39 G417911602 JAS C/3 ~SS~SSOR P~ 03 -2- 4. For and in consideration Of the above ~ervices to be provided to the City by the County, the City will provide and pay over to the County the sum of S81,812, being the operational budget of the office of the City Assessor of the City of Newton, IO~a, for the fiscal year com~encing July 1, 1989, as heretofore certified by the City of Newton Conference Board under the provisions of Section 441.16 of the 1987 Co~e of Iowa, providing and ~aying over such funds to the County as they are receive~ and ~aid over to the City through tax collections. If, however, this agreement should be terminated during the fiscal year by notice as provided in paragraph 1 hereof, any and all unexpended funds or portions of such budgete~ tax funds shall revert to and be available to the City for the continued operation of the City Assessor's Office. 5. No new legal or administrative entity is created by this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in two (2) counterparts, each of which shall ~e considered an original. Date= oate:,,,"/- 3-.F ? Robert L. Bu'tler, Chair city of Newton, Iowa Alvin E. Borche~s, dhair City Conference Board BUDGET SUMMARY FOR ASSESSOR BUDGETS By Fund: City Assessor's Office (60%of assessed value) Projected Expense Property Taxes Estimated Misc. Receipts Cash Balance-Assessment Fd Subtotal Resources FY 2002 Assessment Fund 546,693 349,825 37,890 158,978 546,693 FY 2002 Special Appraisal Fd 300,000 94,554 5,446 200,000 300,000 County Assessor's Office (40% of assessed value) Projected Expense Property Taxes Transfer In (Out) Estimated Misc. Receipts Cash Balance-Assessment Fd Subtotal Resources City and County Assessor Taxes Together Assessed Value County Wide-FY02 347,572 270,214 20,000 21,132 36,226 347,572 Recurring 620,039 2,487,981,033 250,000 48,523 (20,OOO) 2,206 219,271 250~000 Non-Recurring 143,077 2,487,981,033 Tax Rate for Separate Operations-FY 02 City County Tax Rate for Combined Operations adding two budgets together--FY 02 0.24021 0.26193 0.24921 0.06493 0.04703 0.05751 Comparison to Other Communities in Iowa Average Tax Rate for 99 County Assessor's Offices FY 01 Average Tax Rate for 8 City Assessor's Offices FY 01 0.2815 0.2387 0.1570 0.12t4i COMPARISON OF STAFF COMPLEMENT AND COSTS CITY ASSESSOR'S OFFICE # of Employees City Assessor 1 Chief Deputy (Commercial Appraiser 1 Residential Appraiser 1 Clerical Level Ill 2 Clerical Level II Clerical Level I 1 TOTAL 7 Percent of total County Wide Valuations 61% FY 2002 66,083 53,645 37,967 59,436 27,339 24,512 268,982 COUNTY ASSESSOR'S OFFICE County Assessor Deputy Assessor Office Manager Clerk 4 TOTAL Percent of total County Wide Valuations 39% 62,500 50,000 30,498 53,040 196,038 City Board of Review County Board of Review Per Meeting Per Meeting 5 3 1,750 1,300 plus mileage lid 00-01nonelect SALARIES OF NON-ELECTED ' mP~a?_ .d..~Y !O~a_S~a!e A_sso c~ia_tl_on ~_f _Co_u_~fies (1/01) ................................ County Assessor (not actual county employee) ....... C~O_ u_n__ty ...... Po~pulat!on .................... %.?_f_Sa~la~ ...... ~_ o~f Yr~s_. F T~o.r Name 7/1199 Est. Salary for Other Title Worked PT? ADAIR ....... _8.,_0_6_6 ...... 35,61~7 none ............ 1~0._0 FT ADAMS 4,405 28,989 0.0% 2.5 FT ALLAMAKEE 14,068 36,400 FT AUDUBON ................... _6~8_02- ....... 37.,3~4 ~3 ............................ 34.0 __F_~ ~_OON~E ........... 26,30C . .4[,6_58 .......... 0.0% .._ 16.~_0 BREMER 23,4401 41,087 0,0% 13.0 FT BUCHANAN 21,160 42,710 41.0 FT B UTL~E_R~ .................. _t_5_,499 ) ......... 37_, _26_9 ..................... ?m0__~/~ ..... 22.~0 3ARROLL 21,~5_1.~ ........ 41,4~4_ .......... 0-0~o 21.0 .__FT CASS .... 1~4,512 ...................................... ~FT CERRO GORDO ........ 4~5,66~ ........ _6._2.,~0~00 0.0% 23.0 ET CHEROKEE I3,06~ 37,450 0.0% 7.0 FT CHICKASAW 13,423 43,500 0.0% 27.0 FT CLARKE 8,273 43,780 0.0% 13.0 FT Page 41 00-01 nonelect SALARIES OF NON-ELECTED Prep.ar_e.d_ bY_ Io_w~a ~tat_e A_s$o_ ~!a~lon of ~o~_n~es (1101) County Assessor (not actual county employee) I ...... _Cou_~t_y ........ _Popu!~tio~ %..o_f._S_a_lary #p_~yrs. F.T_or . Name 7,1/99 Est. Salary for Other Title Worked PT? CLAY 17,245 42,648 19.0 FT CLINTON 49,612 FT eF_EEN~E~ ....................... 10~,_020 ....... 3_.9_,~0~4 ....................................... GRUNDY 12,284 ...... 4_ 2_,97~g_ ........... ~. 0 01[-- l 18.~0. ~ GUTHRIEr 11,59t 37,600 0.0% 9.0 FT HAMILTON I 15,905 45,290 0.0%I 11.0 Page 42 00-01nonelect SALARIES OF NON-ELECTED ?_rep_a~red._bY l~w_a St~a~t e A_s s.?~;_iati~n o~ Cou_~!ies (1101) County Assessor (not actual county employee) _ _Cqun~ty ..... _P._opu!a_tiofl . . % of Salary I # of Yrs. ET or Name 711199 Est. Salary for Other Ti[le Worked PT? ~IANCOCK 12,037 HARRISON 15,216 ............... _0.(~ _13~0 ~T ....... ............. 42,050 HENRY _____ 2~0,_1. _3 g HUMBOLDT 10,224 36,1g0 0.0°/ol fT IDA I 7,030 31,940 0.0%/ FT JACKSON 20,157 40,560 0.0% ! 3.0 FT ~EF~RSON i 16,76~ 36,400 0.0%l 23.0 FT JOHNSON 103,813 60,900 0.0%1 32.0 FT JONES 20,075 43,850 0.0% 24.0 FT KOSSUTH i 17,630 45,190 0.0%l~ 27.0 FT LEE 38,309 43,537 0'°%II 13.0 FT LINN ] 184,891 63,565 0.0% ! 15.0 FT LYON 12,030 33,863 0.0% 11.0 FT Page 43 00-01nonelect SALARIES OF NON-ELECTED Prep~?d ~y iowa ~ia. !e A_ssociati~n of. _C~?.ntie$ (1/01) ". ...... County Assessor (not actual county employee) Co~u?t_y_ Population % of S~[ary __ . ~_ ~f Y['S- ~F_T or Name 7/1199 Est. Salary for Other Title Worked PT? MAD~SO._ N ~ _ _!4,105 ..... 3-8,~65 ................. g:0% 21.~0__FT MAHASKA __ 21,95_? ..... _38_.0_3.-8 ....................... 0.0_%_ 12.0 __~ M_ _A_R!_O_N_ .................. _31,529 ................... MARSHALL ............ 3~8,_7-8~ 57,?3 ..................... _26-~0 _F_T .... MI~LL~S_ ....................... ?;?05 .. 35,73_0 ...... 0:~?" FT ....... MITCHELL 11,106 43,167 0.0% 17.0 FT MONONA ...... .1_(~,089 .. 31,~90 .......... 0_.?? ....... ET ......... '¢~O._N_R O~E ..................... _8,017 34!9-75 ........... 0~.0% ~:0 __FT ....... M~_ON___TGO~M_E_RY ................ 11_,707 .._ 34,~14 ........ ~.0% ..... _5.:0 FT ........ ~US~CA~TI_N__E_ ........... 41,19~ _64,65~ ...... 0.~% l_0.q _.F3~ ......... _)'~Iy~N. ................ !4_t621 .............................................. OSCEOLA 6.914 32,055 0.0% FT P_A__G~ ...................... 17,!39 _34,994 ........... O.O?c ..!8.0 FT .... ~ALO_~A_LT_O ................ 9_,91~7. .............................. ...... PLYMOUTH 24,819 ..... 39,_7.2__0 ...................... ~ FT POCAHONTAS 8,774 34,000 15.5 FT pp_L_K ............... 38 .4,_.Z2 _ ................................ POTTAWATTAMLE .... 86,425 ........................ 8.0__FT _P. OW~E_S _H~ E~K~ .................. 1_8,~9~ ..... --'FT RINGGOLD 5,361 29,214 3.0 FT Page 44 00-01 nonelect SALARIES OF NON-ELECTED Prepared by iowa Stats Association of Counties (1101) ' ' County Assessor (not actual county employee) C~o_un~ty ._ P~opu!ation . % o_f~ Salary .... ~ O[._Y[~. ET or Name 7/1/99 Est. Salary for Ot ler Title Worked PT? ......... SCOTT 159,458 60.547 30.{; FT S_H ELBY~ ................ 12'7~8 '~ .... 3_9, I ~ ........................ _FT ............ SIOUX 31,355 44,140 22.0 FT TAMA 17,781~~/ 36,635 UNION 12,6111 FT V_AN B~URE~N ...................... 7_,873' 3~1,S7_01 ................. _7.:0 .FT .......... _7 .................... 35,4_5~ ] ...... 3~t5_0__0 ............... 2~1.:_0 FT .......... WAPELLO WARREN 40,6141 49,82£ 4.0 FT .............................. 7.5 FT WASHINGTON 21,147 44,321 WAYNE 6,581 35,000 ....... 7~:(~ _FT 42,651' WEBSTER 4.0 FT ...... 38.832/ _ .................. I~/I_NNESHI~EK_ .............. 20,917 43,696 _ ....................... 2~5 ?:T_ WOODBURY _1~0__1t4_37 ..... ~60_,_56_8 ...................... 12._5_ ET WORTH 7,657 34,151 2.0 FT WRIGHT 13,892 FT Page 45 §441.29~ ASSESSMENT AND VALUATION OF PROPERTY ~ 441.29 ~Plat book -- index system. . :.. : ~.The county auditor shall furnish to each assessor a plat book on winch shall be platted the lands and ]ets in.the aseeeser's assessment district, showing on. each slfodivision or part thereof, written in ink or: pensil,~.the name of the owner, the number of acres, or the boundary lines and distances in each, and showing as to each tract the number of acres to be deducted for railway right of way and for roads and for.rights of way for public levees and open public dr~in%oe improvemants. , a~The auditor of any county with the approval Of the board of supervisors may establish a perma- nent real estate index number system with related tax maps for all real estate tax administration put- poses, including the assessment, le~ and collec- tion of such taxes. Wherever in real property tax adm~n~tratien the legal description of tax parcels is required, such permanent number system may be adopted in addition thereto or in lieu thereof. If established, the permanent real estate index num- her system shall describe real estate by township, section, quarter section, block series and parcel; and the auditor shall prepare and maintain perma- nent real estate index number tax maps, which shall carry such numbers and reflect the legal de- seription of each parcel of real estate and delineate it graphically;, and the auditor shall prepare and maintain cress indexes of the numbers assigned under said system, with legal description of the real estate to winch such numbers relate. Indexes and tax maps established as provided herein shall be open to public inspection. [C51, §181; R60, §733; C73, §821; C97, §1364; C24, 27, 31, 35, 39, §7120; CA6, §441.15; C50, 54, 58, §441.23; C62, 66, 71, 73, 75, 77, 79, 81, §441.29] 441.30 Completion of assessment -- oath. The assessment shall be completed by April 15 and the assessor shall attach to the assessment rolls the assessor's oath in the following form: I, (A ........... B ........... ), assessor of city/county of ........... state of Iowa, do sol- emnly swear (or afl'nan) that the taxable values of all property, money, and credits, of which a state- merit has been made and verified by the oath of the person required to list the same, is herein set forth in such statement; that in every case, where I have been required to ascertain the amount or value of any property;, I have diligently, and by the best means in my power, endeavored to ascertain the true amount and value, and as I verily believe the taxable values thereof are set forth in the annexed return; in no case have I knowingly omitted to de- mand of any person, of whom I was required to do so, a statement of the items of the person's property which the person was required by law to list, nor to adml,ister the oath to the person, unless the per- con refused to take it, nor in any way cermive at any violation or evasion of any of the requirements of 3674 the law in relation ts the assessment of property for taxation. ' ~_o,i::~- Assessor .~.?~.pa ~ Subscribed and sworn to (or afffmnedl this ... dayof ........... ~_D.' ....... [C51, §479; R60, §736, 740; C73, §$25, 831; C97. §1365, 1366, 1371; S13, §1366, 1371;C24, 27, 31, 35, 39, §7121-7123, 713~, C46, §441.16-44L15, 442.3; C50, 54, 58, §441.24, 442.a; C62, 66, 71, 73, 75, 77, 79, 81, §441.30] ' - - 441.31 Board of review. 1. The chairperson of the conference board shall call a meeting by written notice to all of the members of the board for the purpose of appointing a board of review for all assessments made by the assessor. The board of review may consist of either three members or five members. As nearly as pos- sible this beard shall include one licensed real es- tats broker and one registered architect or person experienced in the building end construction field. In the case of a county, at least one member of the board shall be a farmer. Not more than two mem- bets of the board of review shallbe of the same pro- fession or occupation and members of the board of review shall be tesidents of the assescor jar§sd§c- tion. The terms of the members of the beard of re- view shall be for six years, beginningwith January 1 of the year following their selection. In boards of review having three members the term of one member of the first beard to be appointed shall be for two years, one member for four years and one member for six years. In the case of boards of re- view having five members, the term of one member of the fin'st board to be appointed shall be for one year, one member for two years, one member for three years, one member for fsur years and one member for six years. 2. a. However, notwithstanding the board of review appointed by the county conference board pursuant to subsection 1, a city council of a city having a population of seventy-five thousand or more which is a member of a county conference beard may provide, by ordinance, for a city board of review to hear appeals of property assessments by residents of that city. The members of the city board of review shall be appointed bythe city coun- cfi. The city shall pay the expenses incurred by the city board of review. However, if the city has a popa- lation of more than one hundred twenty-five thou- sand, the expenses incurred by the city beard of re- view shall be paid by the county. All of the provisions of this chapter relating to the boards of review shall apply to a city beard of review ap- pointed pursuant to this subsection. · b. If a city having a population of more than one hundred twenty-five thousand abelishas its office 3674 ~ for assessor, the city may provide, by ordinance, ~acity board of review or request the county con- ....... ~~ence board to appoint a ton-member county ~j~d of review. The initial ten-member county ~d of review established pursuant to this para- ~is ... ~h shall consist of the members of the city beard ~e. ~eview and the county board, of review who are o'~t' ' ' ~rving unexpired terms of office.~The members of ~ initial ten-member county board of review may ~tinue to serve their unexpired terms of office 1; C97, ~ are eligible for reappointment for a six-year 27, 31, ~t~n~ The ten-member county board Of review ~41.18, ~eated pursuant to tl~s paragraph is in lieu of the 71, 73, ~l~o~rds of review provided for in subsection 1, but ~the professional and vcoupatianal qualifications of ~m?bere shall apply. ~3. Notwithstanding the requirements of sub- board ~an 1, the conference board or a city councli of the ~vl~ich has appointed a board of review may in- ~nting ~t~ e~ease the membersinp of the board of review by an ~y the either s pos- erson field. if the ~ pro- ~rd of sdic- uary ~sof 11 be ~' re- · for ~ of ard ! or ~of by ~ity ~he he of p- [~a~Iditional two members if it determines that as a }~/reanlt of the large number of pretests flled or esti- ~ timely resolve the protests with the ex~sting of review has ten not more than four additional members be appointed by the conference board. The r members shall be appointed set by the conference board or the city ~ncl~ but not for longer than two years. The con- ference board or the city council may extend the , members if it makes a simi- Iar determ~u~tion as requfred for the in~tial pointment. IR60 §739; C73, §329, 830, 832; C97, §1368, i370, 1375 1376; C24, 27 31, 35, 39 §7127, 7129, 7137, 7138; C46, §441.21, 442.1, 442.12, 442.13; C50, 54, 58, §405.13, 405A.3, 442.1; C62, 66, 71,73, 75, 77, 79, 81, §441.31] 86 Acts, ch 1230, §1; 88 Acts, ch 1043, §2; 95Acts, ~- 74, §1; 97 Acts, ch 22, §2, 3 441.32 Terms -- vacancies. ·: The terms of the members of the board of review are for six years each except for the emergency members whose terms shall be set by the confer- for a period not to exceed two years. Members of this board may be removed by the con- ference board but only after a public hearing upon $pecified charges, if a hearing is requ. eeted by the member. A subsequent appointment, and an ap- pointment to fill a vacancy, shall be made in the same way as the original selection. The board may ~SUbpoeua witnesses and a~m~n~r oaths. [R60, §739; C73, §829, 830, 832; C97, §1368, 1370, 1375, 1376; C24, 27, 31, 35, 39, §7127, 7129, 7137, 7138; C46, §405.14, 441.21, 44~.1, 442.12, 442.13; C50, 54, 58, §405.14, 441.3, 442.1;~C62, 66, '/1, 73, 75, 77, 79, 81, §441.32] 86 Acts, ch 1230, §2 :~ ASSESSMENT AND VALUATION OF PROPERTI~, §441.35 441.33 Sessions of board of review. The board of review shallbe in session from May i through the period~of time necessary to act on all pretests flled under section 441.37 but not later than May 31 each year and for an additional period as required under section 441.37 and sh~l hold as many meetings as are necessary to discharge its duties. On or before May 31 in those years in which a session has not been ex~ended as required under section 441.37, the board shall return all books, records and papers to the assessor except undis- posed of protests and records pert~ing to those protests. If it has not completed its work by May 31, in those years in which the session has not been ex- tended under section 441.37, the director of reve- hue and finance may authorize the beard of review to continue in session for a period necessary to com- plete its work, but the director of revenue and fi- nance shall not approve a continuance extending beyond July 15. On or before May 31 or on the final day of any extended session required under section 441.37 or authorized by the director of revenue and finance, the board of review shoX1 adjourn un~il May I of the foliowing yean It shall adopt its own rules of procedure, elect its own chairperson from its membership, and keep minutes of its meetings. The board shall appoint a clerk who may be a mem- bet of the board or any other qua]flied person, ex- cept the assessor or any member o£ the assessor's staff. It may be reconvened by the director of reve- hue and finance. All undispased protests in its hands on July 15 shall be autematicelly overruled and returned to the assessor together with its other records. V~r~t bin fifteen days following the adjournment of any regular or special session, the board of review shall submit to the director of revenue and finance, on forms prescribed by the director, a report of any actions ~aken during ~hat session. [1{60, §739; C73, §829, 830, 832; C97, §1368, 1370, 1375, 1376; C24, 27, 31, 35, 39, §7127, 7129, 7137, 7138; C46, §405.15, 441.21, 442.1, 442.12, 442.13; C50, 54, 58, §405.15, 442.1, 442.12; C62, 66, 71, 73, 75, 77, 79, 81, S81, §441.33; 81 Acts, ch 145, §1] 87 Acts, ch 198, §7 441.34 Quarters -- hours -- expenses. The board of review of assessments shall hold meetings in quarters provided by the board of su- pervisors. Said board shall be in session such hours each day and shall devote such time to its duties as may be necessary to the discharge of its duties and to acoomplish substantial justice. The expenses of the board shallbe included in the assessor's annual budget as provided hereafter. [C39, §7134.1; C46, 50, 54, 58, §405.16, 405.17, 442.8; C62, 66, 71, 73, 75, 77, 79, 81, §441.34] 441.35 Powers of review board. The board of review shall have the power: RESOLUTION NO. -01 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY THE ASPERMONT COMPANY WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by the Aspermont Company (Aspermont), legally described on Exhibit A attached hereto (the Property); AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the owner to purchase the Property or property interest before proceeding with condemation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $ AND WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be 2. The City Manager and the Corporation Counsel are hereby authorized commence negotiations with Aspermont and the other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this day of _, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk LEGAL DESCRIPTION PARCEL I Lots 5, 6, 7, 8, 9 and 10,in Block 3; the parts of lots 2, 3 and 4,in Block 3 not included in Fourth Street; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 in Block 4; Lots 1, 2, 3, 4, 5, and 6, in Block 5; the parts of lots 7, 8 and 9,in Block 5, not included in Fourth Street; Lot 1 of lot 10, the unnumbered part of lot I0 not included in Fourth Street, Lot 1 of lot 11, the unnumbered part of lot i 1 not included in Fourth Street, and, Lot 1 of lot 12,in Block 5; Lots 13, 14, 15, 16, lot 1 of lot 17, lot 1 of lot 18, lot 1 of lot 19, in Block 6; Lot 1 of lot 20, The unnumbered part of lot 20 not included in Fourth Street, Lot 1 of lot 21, the unnumbered part of lot 21 not included in Fourth Street, all of lots 22 and 23 not included in Fourth Street, and Lot 1 of lot 24, in Block 6; Lot 38, lot 1 of lot 34, lot 1 of lot 35, lot 1 of lot 36, and lot 1 of lot 37, in Block 11; in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, according to the recorded Plats thereof PARCEL II Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, the unnumbered part of lot 13 not included in Fourth Street, and the unnumbered part of lot 14 not included in Fourth Street, in Block 5, in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, according to the recorded Plats thereof. PARCEL m Lots 1, 2 and 3 of Riverwalk 2nd Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. PARCEL IV The vacated portion of Tower Street from the north line of Wall Street to the South line of East Fourth Street Extension; The vacated alley in Block 5; The vacated portion of Pine Street from the Levee to Bell Street; The vacated portion of the alley from the west side of lot 34 to the east side of lot 38, in Block 11; The vacated alley in Block 6; in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plats thc~reof. APPRAISAL INSTITUTE THOMAS A. LUKSETICH ASBURY SQUARE 2255 J.RK. ROAD DUBUQUE, IOWA 52002 556-8840 Real Estate Appraiser SRA #863 APPRAISAL INSTITUTE September 13, 2000 Mr. Barry A. Lindahl, Esq. Corporation Counsel, City of Dubuque 196 Cycare Plaza Dubuque, Iowa 52001 RE: Appraisal of 182,124 sq.ft, of land at Dubuque Brewing and Bottling Company as a commercial/recreational property, E. Fourth Street Extension, in the City of Dubuque, Dubuque County, Iowa, 52001. Dear Mr. Lindahl: At your request, I have personally inspected and appraised the property mentioned above and located within the City of Dubuque, Dubuque County, Iowa. This appraisal report was completed in accordance with the current "Uniform Standards of Professional Appraisal Foundation." The attached report explains our method of arriving at a value for the property, together with a detailed discussion of the various approaches to estimate Market Value. After considering all of the factors affecting Market Value, it is my opinion, that the Market Value of the subject property as a Commercial- Recreational property, as of September 13, 2000 is estimated to be $1,093,000. Sincerely, Iowa Certified General Real Property Appraiser S~RY OF SALIENT PACTS Property Type: The subject is a 182,124 sq.ft, parcel of land. Address: The subject's address is E. Fourth Street Extension, Dubuque, Iowa 52001. Location: The subject is located on the eastern most edge of Dubuque along the Mississippi River. Owners: Aspermont Company. Date of Appraisal: September 13, 2000. Interest Appraised: Fee Simple. Building Size: NA. Lot Size: The entire parcel contains 182,124 sq.ft, or 4.18 acres. Zoning: The City of Dubuque shows the subject is in an area zoned H-I, Keavy Industrial. The appraiser is analyzing the property as a Commercial/Recreational property. Highest and Best Use: As Though Vacant - Commercial Recreational. As Improved - Commercial/Recreational. See detailed discussion in 'Highest and Best Use' section. Value Indications: Cost Approach to Value = NA. Sales Comparison Approach to Value Income Approach to Value = NA = $1,093,000. Final Estimate of Value = $1,093,000. STATEMENT OF THE APPRAISAL PROBLEM: PURPOSE: The purpose of this appraisal is to estimate the Market Value of the subject property consisting of a total of 182,124 sq.ft, of Commercial/Recreational land. DEFINITION: MARKET VALUE is defined by The Appraisal Foundation in its Uniform Standards of Professional Appraisal Practice as "the most probable price which a property should bring in a competitive and open market under all conditions, requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeable, and assuming the price is not affected by undue stimulus. Implicit in this definition is consummation of a sale as of a specific date and passing title from seller to buyer under conditions whereby: - Buyer and Seller are typically motivated; - Both parties are well informed or well advised and both acting in what he/she considers his/her own best interest; - A reasonable time is allowed for exposure in the open market; - Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and - The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." ANALYSIS OF THE PROBLEM: The subject property consists of a 182,124 sq.ft. parcel. The City of Dubuque is proposing to transform the property into a Commercial/Recreational property. The plans include using the brewery as a background for an amphitheater. The appraisal process involves three approaches in estimating the valne of a property. They are the Cost (which includes the land value analysis) and the Sales Comparison Approaches to value. This appraisal will not involve the ~Income Approach, as the property is currently vacant and income figures are not yet available on the prospective use. With the planned improvements along the river front, the appraiser is confident the property will be able to attract investors. DATE OF AppRAISAL: The subject property was inspected formally on September 13, 2000. This was an exterior inspection. The appraiser inspected the interior of the property on July 31, 1998. SALE HISTORY: According to the Dubuque City Assessor's Office, there has not been a sale on the property in the past five years. PERSONAL PROPERTY: No personal property is included in the value estimates herein. HAZARDOUS MATERIALS: The value estimate is based upon the assumption that there are no hazardous materials in the buildings or the site. I am not qualified to discern the presence or absence of such materials (asbestos, underground tanks, etc.), but I am aware that they can have a significant effect upon the value of a property. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required discovering them. AMERICA~S WITM DISABILITIES ACT: The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. A detailed survey could reveal that the property is not in compliance with one or more of the requirements of the ADA, which could have a negative effect upon its value. The property appears to be handicapped accessible. LOCATION: The subject property is located on the eastern edge of Dubuque along the Mississippi River, This land has all City amenities available. Electricity, natural gas, telephone, water, and sewer are available to the subject. The access to the subject is U.S. Highway #151/61, to Locust Street, to Fourth Street. The immediate and surrounding areas are hea~Qz industrial, but this is changing. The current trend is for commercial with the America's River project. LEGAL DESCRIPTION: The subject property is in the n~me of the Aspermont Company. The following is the legal description for the subject property as it is now. Part of Sub. 34, 35, 36 Dub. Har. Imp. Co. Add. Lot 1 Block 11 and Sub. 37 Dub. Hat. Imp. Co. Add. Lot 38 Block 11; Sub. 11 Dub. Har. Imp. Co. Add. Lot 1 Block 5 and Sub. 12 Dub. Har. Imp. Co. Add. Lot 1 Block 5; Sub. 22 Dub. Hat. Imp. Co. Add lot 1 Block 6, Sub. 23 Dub. Har. Imp. Co. Add Lot 1 Block 6, Sub. 24 Dub. Mar. Imp. Co. Add Lot 1 Blk. 6, also adjoining property of Blks. 3, 4, 5, 6 & 11, pts. of vacated Pine and Tower Street & Pt. Of adjoining alleys also land lying between Mississippi Rier and line along E. line of boundary of Block 3 & 4; Dub. Har. Imp. Co. Add. 13-16 Blk. 6 Subs. 17, 18, 19, & 20 Dub. Har. Imp. Co. Add. Lot 1 Block 6; Dub. Hat. Imp. Co. Add. Pt. Lots 2 - 5 Blk. 3, Dub. Har. Imp. Co. Add. Lots 6-10 Blk 3, Dub. Hat. Imp. Co. Add Lots 1-10 Blk 4, Dub. Har. Imp. Co. Add. Lots 1-6 Blk 5, Dub. Har. Imp. Co. Add. Lots 7-9 Pt. Blk 5, Sub. 10 Dub. Har. Imp.Cos. Add. Lot 1 Blk 5, Sub. 13 Dub. Har. Imp. Co. Add. Lots 15-24 Blk 5, Sub. 21 Dub. Har. Imp. Co. Add. Lot 1 Block 6, and Lot 1-14 Blk. 5 Dub. Har. Imp. Co. Add. FUNCTION OF THE APPRAZSAL: The function of the appraisal is to assist the City of Dubuque in obtaining a Market Value for the subject property with the intended use as a Commercial/Recreational property. PURPOSE AND DATE OF VALUATION: The purpose of the appraisal is to estimate the market value of the fee simple estate of the subject property under the market conditions prevailing on September 13, 2000. SCOPE OF THE APPRAISAL: The scope of the appraisal requires compliance with the Uniform Standards of Professional Practice promulgated by the Appraisal Standards Board of the Appraisal Foundation and the Guide Notes to the Standards of Professional Appraisal Practice adopted by the Appraisal Institute. The standards contain binding requirements and specific guidelines that deal with the procedures to be followed in developing an appraisal, analysis, or opinion. These uniform standards set the requirements to communicate the appraiser's analyses, opinions, and conclusions in a manner that will be meaningful and not misleading in the marketplace. MARKETING TIME OF THE SUBJECT: Based on the information contained in this report, and the fact that the subject is located in a prime riverfront location, the subject has a marketing time of three to nine months. NEIGHBORHOOD DESCRIPTION: The subject is located on the far East side of Dubuque. This is an older industrial neighborhood that is currently changing into a Commercial/Recreational property. The boundaries of the subject's neighborhood are the Mississippi River to the East; U.S. #20 to the South; Main Street to the West; and U.S. #151/61 to the North. The following properties are in the same area as the subject: the Diamond Jo Casino, Harbor Place Mall, the Shot Tower, the Dubuque Star Brewery, and the entire Ice Harbor area. This is an established neighborhood with properties that have been in this area for many years. It is also a riverfront area that is undergoing major updates. The America's River project will enhance the entire area as a Commercial/Recreational destination. The riverwalk and new hotel will also be a great benefit to the eubject property. SITE DESCRIPTION: The subject's site contains a total of 182,124 sq.ft, or 4.18 acres. It is located on the eastern edge of Dubuque along the Mississippi River. The City of Dubuque is proposing to construct an araphitheater with the brewery as a backdrop. Drainage appears to be adequate to the lot lines. No adverse easements or encroachments were observed. The subject is hooked up to City Sewer and Water. Ail city amenities are available to the area including police and fire protection. A review of the Flood Hazard Map shows the subject property is in the City of Dubuque and appears to be in a Shaded Zone X on the FIP~M Flood Insurance Rate Map ~195180 0006 B. (Map Revised September 6, 1989). A Shaded Zone X is interpreted to mean, "Areas of 500-year flood; areas of 100-year flood with average depths of less than 1 foot or with drainage areas less than 1 square miles; and areas protected by levees from 100-year flood." The City of Dubuque does have a floodwall. The subject is in an area zoned H-I, Heavy Industrial. However, the appraiser is analyzing and estimating the Market Value of the subject property as a Commercial/Recreational property. It is the appraiser's opinion that the proposed use as a Commercial/Recreational property does represent one of the highest and best uses that could be put to this site. The streets leading to the subject property are fully improved city streets. The proposed amphitheater and walkway is considered to be an improvement for the subject property. The Highest and Best Use for the subject will be discussed in depth, but the proposed use does represent one of the highest and best uses for the subject. THE APPRAISAL PROCESS It is required by Uniform Standard of Professional Appraisal Practice {USPAP), 1992 Edition, that the Market Value of a parcel of real property be estimated by the use of three approaches to value. They are the Cost Approach, the Income Approach, and the Sales Comparison Approach. The value indicated by each approach will be carefully reviewed and that approach, which in the judgement of the appraiser, most adequately and accurately reflects all the circumstances in connection with the particular property under appraisement, and the purpose for which the appraisal is being made, will be selected as the best indication of Market Value. The Cost Approach is the summation of the land value and the value of the improvements. The land value estimate is based on sales of similar vacant land in the area. The value of the improvements is their estimated depreciated cost, which represents that amount which they contribute to the value of the entire property. This approach is not utilized in this appraisal, as the appraiser is analyzing vacant land only. The Income Approach is the capitalization of net income at a proper rate. Net income is estimated using actual income and expenses when they reflect the market, and using typical figures from the market when actual figures are not available. The rates are derived from the market, using sales of similar properties and actual income and expenses when available or by using estimated figures. This approach is not utilized, as the property being appraised is vacant land. The Sales Comparison Approach is the comparison of recent sales of comparable properties as a guide to market value. If sales of properties having the sarae features as the subject property are not available, sales of properties having some or part of the same features will be considered, and adjustments will be made to indicate the market value of the subject property from these transactions. This approach is utilized for the subject property. LAND SALE ANALYSIS: The appraiser's research has found sales of similar properties that have sold within the past three years. They range from 4,939 sq.ft, to 210,518 sq.ft. They range in price per sq.ft, from $2.33 to $10.21 per sq.ft. These sales are located in the Dubuque area near the subject. IMPROVED COMPARABLE SALES Location Sale Date Land Area Sale Price Zoning Location Subject - AGRI Property E.4tn St. NA 182,124 SF Dubuque, IA NA Comm/Rec V.G. 1.Main Stay Inn Dubuque 8-00 104,980 SF $630,000 PC V.G. 2.1080 University Avenue Dubuque 4-00 4,939 SF $50,000 PC Good 3.Lot 2 Kennedy Court Dubuque 9-99 41,026 SF $160,000 C3 V.G. 4.Lot 3 Flint Hill Dubuque 9-99 43,560 SF $185,000 C3 Good 5.Platinum Services Dubuque 10-99 95,396 SF $286,215 PC V.G. 6.Golden Corral Dubuque 12-97 95,396 SF $501,000 PC 7.Applebee's Dubuque 4-99 73,616 $383,605 PC V.G. 8.Floor Show Interiors Dubuque 10-98 117,612 $611,000 PC V.G. 9 .Carlos O'Kellyl s Dubuque 10 - 98 117,612 $611,000 PC V.G. 10.Country Inn Dubuque 11-99 71,003 $367,500 PC ll.Lot 2 Riverwalk 1st Addition Dubuque 10 98 210,518 $2,150,000. HI Excellent 12.Lot 2 Rive/walk 2nd Addition Dubuque 10-99 24,219 $56,500 HI Excellent SUMMARY OF THE SALES COMPARISON APPROACH TO VALUE On the preceding pages is a grid outlining the comparables used in this report. Next, the appraiser will summarize the adjustments made on each sale. Comparable #1: Main Stay Inn, Associates Drive, Dubuque, IA. Price per sq.ft. - $6.00. This sale was conventionally financed, no adjustment. Although this location is a rapidly developing commercial area, the subject property has appeal with the river and surrounding developments, no adjustment. The site is smaller in size, upward adjustment of 10%. This is a recent sale, no adjustment. Overall, this comparable has an upward adjustment of 10%. Adjusted price per sq.ft. - $6.60. Comparable #2: 1080 University Avenue, Dubuque, IA. Price per sq.ft. - $10.12. This property sold less than a year ago, no adjustment. This is a central Dubuque location where there has not been a lot of new development, upward adjustment of 10%. The property is much smaller than the subject, and smaller parcels sometimes sell for a premium price, downward adjustment of 50%. Overall, this comparable has a downward adjustment of 40%. Adjusted price per sq.ft. - $6.07. Comparable ~3: Lot 2 Kennedy Court, Dubuque, IA. Price per sq.ft. - $3.90. This sale was conventionally financed, no adjustment. The comparable just a year ago, upward adjustment of 2%. Location is considered similar, as this is a thriving area of Dubuque, and the subject is located in an area that is undergoing much commercial development, no adjustment. The site is smaller in size, upward adjustment of 20%. Overall, the comparable has an upward adjustment of 22%. Adjusted price per acre. - $4.76. Comparable #4: Lot 3 Flint Hill Drive, Dubuque, IA. Price per sq.ft. - $4.25. This sale took place just a year ago, upward adjustment of 2%. The lot size is smaller, upward adjustment of 20%. The location is considered inferior, as this location is on the Southern edge of Dubuque. While there has been development in the area, it is not as intense as the riverfront area, upward adjustment of 20%. Overall, this comparable has an upward adjustment of 42%. This works out at $6.04 per sq.ft. Comparable #5: Platinum Services on Associates Drive, Dubuque, IA. Price per sq.ft. - $3.00 per sq.ft. This sale took place a year ago, upward adjustment of 2%. The lot size is smaller in size, upward adjustment of 10%. The location is considered similar, no adjustment. This was a conventional sale, no adjustment. Overall, this comparable has an upward adjustment of 12%. This works out at $3.36 per sq,ft. Comparable ~6: Golden Corral, Associates Drive, Dubuque, IA. Price per sq.ft. - $5.25 per sq.ft. This sale took place three years ago, upward adjustment of 6%. This was a conventional sale, no adjustment. The lot size is smaller, upward adjustment of 10%. This location is considered similar, no adjustment. Overall, this comparable has an upward adjustment of 16%. This works out at $6.09 per sq.ft. Comparable #7: Applebee's, Associates Drive, Dubuque, IA. Price per sq.ft. - $5.21 per sq.ft. This sale took place over a year ago, upward adjustment of 2%. This was a conventional sale, no adjustment. The lot size is smaller, upward adjustment of 10%. This location is considered similar, no adjustment. Overall, this comparable has an upward adjustment of 17%. This works out at $6.10 per sq.ft. Comparable #8: Floor Show Interiors, Associates Drive, Dubuque, IA. Price per sq.ft. - $5.20 per sq.ft. This sale took place approximately two years ago, upward adjustment of 4%. This was a conventional sale, no adjustment. The lot size is smaller, upward adjustment of 10%. Overall, this comparable has an upward adjustment of 14%. This works out at $5.93 per sq.ft. Comparable #9: Carlos 0'Kelly's, Associates Drive, Dubuque, IA. Price per sq.ft. - $5.20 per sq.ft. This sale took place approximately two years, upward adjustment of 4%, The lot size is smaller, upward adjustment of 10%. This was a conventional sale, no adjustment. The location is considered similar, no adjustment. Overall, this comparable has an upward adjustment of 14%. This works out at $5.93 per sq.ft. Comparable #10: Country Inn and Suites, Associates Drive, Dubuque, IA. Price per sq.ft. - $5.18 per sq.ft. This sale took place approximately one year ago, upward adjustment of 2%. The lot size is smaller, upward adjustment of 10%. This was a conventional sale, no adjustment. The location is considered similar, no adjustment. Overall, this comparable has an upward adjustment of 17%. This works out at $6.06 per sq.ft. Comparable #11: Lot 2 Riverwalk 1st Addition, Dubuque Ice Harbor, Dubuque, IA. Price per sq.ft. - $10.21 per sq.ft. This sale took place approximately two years ago, upward adjustment of 4%. The lot size is similar no adfustment. This was a cash sale, no adjustment. The location is considered superior as it is along the riverfront, downward adjustment of 30%. Overall, this comparable has a do%rnward adjustment of 34%. This works out at $6.74 per sq.ft. Comparable ~12: Lot 2 Riverwalk 2~ Addition, Dubuque, IA. Price per sq.ft. $2.33. This sale took place less than a year ago, no adjustment. The lot size is smaller, upward adjustment of 25%. The location is considered similar, no adjustment. This sale was part of the subject's original parcel. This sale price was determined from a Sheriff's Jury, no adjustment, as two separate appraisals were done on the property. Overall, this property has an upward adjustment of 25%. This works out at $2.91 per sq.ft. LAND SALE RECONCIIJ~TION: Ail twelve of the comparables are considered similar, with the exception of parcel size. Typically smaller parcels sell for more per sq.ft. The comparables range in adjusted price per sq.ft, from $2.91 to $6.74. The subject is located in a prime, developing area. The intended use of the subject is commercial-recreational. This is a more intense use than an industrial use. The area will be immersed in commercial-recreational uses with the riverwalk, the museum, the amphitheater, the Heritage Trail extension, the new hotel, and the existing Diamond Jo Casino Boat It is the appraiser's opinion, that the subject has a value of $6.00 per sq.ft, as a commercial-recreational property. CALCULATION: 182,124 sq.ft, x $6.00 per sq.ft. $1,092,744. VALUE OF THE LAND $1,093,000. CONCLUSION OF VALUE: This appraisal assignment employed three approaches to value: Cost Approach: NA. Sales Comparison Approach: $1,093,000. Income Approach: NA. The appraiser is comfortable with the values represented in this appraisal. The Sales Comparison Approach is the only approach given consideration, as this is vacant land. Based on the investigation and analysis, the market value as of September 13, 2000 is estimated to be $1,093,000. ONE MILLION, NINETY-THREE THOUSAND DOLLARS. MARY ELLEN CLARK CERTIFICATE A~D STATEMENT OF LIMITING CONDITIONS Certificate: The appraiser certifies and agrees that: 1. The appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. 2. The appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the participants to the sale. The "Estimate of Market Value" in the appraisal report is not based in whole or in part upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color, or mational origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3. The appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the appraiser's knowledge and belief, all statements and information in this report are true and correct, and the appraiser has not knowingly withheld any significant information. 4. Ail contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by undersigned affecting the analyses, opinions, and conclusions contained in the report.) 5. This appraisal report has been made in conformity with and is subject to the requirements of the "code of professional ethics and standards of professional conduct'~ of the appraisal organizations with which the appraiser is affiliated. 6. All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the appraiser whose signature appears on the appraisal report, unless indicated as "Review Appraiser." No change of any item in the report shall be made by anyone other than the appraiser, and the appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS: The certification of the appraiser appearing in the appraisal report is subject of the following conditions and to such other specific and limiting conditions as are set forth by the appraiser in the report. 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the appraiser render any option as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. A~y sketch in the report may show appro×imate dimensions and is included to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3. The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefore. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates, and options furnished to the appraiser, and contained in the report, were obtained from sources considered to be reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the appraiser can be assumed by the appraiser. 7. Disclosure of the contents of the appraisal report is governed by the bylaws and regulations of the professional appraisal organizations with which the appraiser is affiliated. 8. Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, reference to any professional appraisal organizations, or to the firm with which the appraiser is connected) shall be used for any purposes by anyone but the client specified in the report. There is water, sewer, electricity, gas and telephone service available. The appraiser will evaluate the property and determine the market value of the property as of the appraisal inspection date of the borrower if appraisal fee is paid by same, the mortgages or its successors and assigns, mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institution, any department, agency, or instrLunentality of the United States or any state or the District of Columbia, without the previous written consent of the appraiser, nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusion are contingent upon completion of the improvements in a professional manner. 10. This appraisal value is based on all underground storage tanks meeting minimum federal requirements and having no known hazard waste storage areas. 11. No radon tests were conducted. The appraisal value is based on buildings (if any) meeting current state and federal requirements for radon content. ENVIROKYMENTAL DISCLAIMER: The value estimated in this report is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions. The appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions, except as noted within the appraisal. It is possible that tests and inspections by a qualified hazardous substance and environmental expert would reveal the existence of hazardous materials and environmental conditions on or around the property that would negatively affect its value. ADDITIONAL CERTIFICATION: The appraiser further certifies and agrees that: 1. This appraisal conforms to the uniform standards of professional appraisal practice (USPAP) adopted by the appraisal standards board of appraisal foundation, except that the departure provision of USPAP does not apply. 2. Their compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount or direction in value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 3. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. Mary E. Clark Iowa Certified General Real Property Appraiser MINUTES OF CABLE TV REGULATORY COMMISSION MEETING FEBRUARY 14, 2001 CITY HALL ANNEX CONFERENCE ROOM # 2, 1300 MAIN ST. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Charles Ellis, Chairman, Ron Tigges, Craig Schaefer, Walt Webster Michael Pratt Merrill Crawford, Cable Franchise Administrator Chairman Ellis called the meeting to order at 5:31 P.M. 1. Acceptance of the Agenda. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the agenda was accepted as published. 2. Approval of the Minutes of the January 10, 2001 Meeting. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the Minutes of the January 10, 2001 Commission meeting were approved as distributed. 3. Public Comment. The Chairman noted there was no one present to address the Commission. 4. Status of Telecom Projects in Dubuque. Mr. Crawford told Commissioners of contact by a site acquisition specialist for Tetra Tech Communications Services, representing an affiliate of AT & T Wireless, who was looking for a number of antenna or tower sites in Dubuque. This brings the total number of wireless service providers we are currently dealing with to six. Mr. Crawford told Commissioners that there still had not been a resolution of the Illinois PCS request to build a communications tower along Roosevelt Street which the Zoning Advisory Board had denied. The Board had declined a request to reconsider their denial. McLeodUSA is extending its fiber optic cable through the city and out to McGraw Hill on Kerper Blvd. and may route past City Hall on the way. The City government website RFP should be issued within the week, with proposals due in March, and an aim of phased launching of the website before the end of the fiscal year. The new City government telephone system installation has begun, with the decision on a network service provider (QWest or McLeodUSA) to come by the end of the week. He spoke briefly about the recent announcement of the funding of the America's River Project, and some telecommunications systems and work which lies ahead on this project. Franchise Renewal. Mr. Crawford reported on the progress of hiring Tom Robinson of River Oaks Communications on a retainer to advise the City in telecommunications negotiation strategies with potential competitive service providers, and to propose a future cable and telecom needs study that would satisfy franchise renewal requirements, as well as give the City a better picture of strengths and deficiencies regarding state-of-the-art competitively priced telecommunications services. He then led Commissioners in a discussion of elements of the current cable franchise which should be retained, those which should be updated, and options for new ways to approach community cable needs. These included a number of consumer protection and customer service issues, PEG access and Inet issues, technical quality of service, particularly with regard to off air broadcast signals and broadband Internet signals, etc. The Commission expressed interest in scheduling a joint work session with the Cable Community Teleprogramming Commission to discuss PEG access needs and various models for addressing those needs in the future. Mr. Crawford will communicate this desire to the other Commission. Franchise Fee Expenditures, Mr. Crawford reviewed with the Commission the FY 2001 and proposed FY 2002 Cable TV Division budgets, actual and anticipated franchise fee revenues, and the balances and areas of expenditure of both the annual operating budget funds and the reserve fund which is used for one time expenditures and particularly for legal services. Commissioners expressed concern over the amount and percentage of franchise fee dollars that were being used by the City to support programs and capital expenditures not directly related to cable television while Cable TV staff and resources are spread thin. AT & T General Manager's Report. Due to the weather, Jon Koebrick was unable to come to Dubuque from Cedar Rapids to attend the Commission meeting. He had checked by phone with Mr. Crawford earlier in the day and was researching the delay in the arrival of new 2 10. public access equipment, which had raised a concern with the Cable Community Teleprogramming Commission, Cable Franchise Administrator Report. Mr. Crawford distributed copies of S.F. 168, introduced in the Iowa Senate at the request of AT & T and McLeodUSA, and led a discussion of the anti- competition "ratchet down" effects of the bill, which the City opposes. Future Agenda Items. The topic of a joint Commission workshop on PEG access, future needs and approaches will be returned to the agenda. Adjournment. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the meeting was adjourned at 7:10 P.M. MC/cj 3 MINUTES OF CABLE COMMUNITY TELEPROGRAMMING COMMISSION MEETING FEBRUARY 6, 2001 AT & T BROADBAND COMMUNITY ACCESS STUDIO FACILITIES, 3033 ASBURY ROAD MEMBERS PRESENT: Sr. Carol Hoverman, Paul Kohl, Jennifer Tigges, David Wanamaker MEMBERS ABSENT: Anthony Allen, two seats remain vacant on the Commission OTHERS PRESENT: Jim Barefoot, AT & T Broadband Merrill Crawford, Cable Franchise Administrator Mr. Kohl called the meeting to order at 5:30 P.M. 1. Acceptance of the Agenda. It was moved by Ms. Tigges, seconded by Mr. Wanamaker, the agenda was accepted as published. 2. Approval of the Minutes of the January 9, 2001 Meeting. Upon a motion by Sr. Hoverman, seconded by Mr. Wanamaker, the Minutes of the January 9, 2001 Commission meeting were approved as distributed. 3. Public Comment. Ms. Tigges commented upon some e-mails received via the website and suggested that a number of access websites publish the rules and regulations on-line and schedules of program playbacks, etc. 4. Promotion. The Commission continued to discuss promoting the website on the public access channels and vice versa and the gathering of digital photos of access production activities which Jennifer could put on the website. Mr. Barefoot distributed copies of an internal AT & T newsletter and the Commission discussed using the same software and general format to produce an access newsletter. Articles can be sent to Mr. Barefoot for this purpose. Commissioners discussed the concept of memorials for Iongtime access activists, Bob Bonnewell and Russ Nash. Access Equipment Expendi{ur~s. Mr. Barefoot told Commissioners that it appeared that the AT & T freeze on all capital expenditures at the end of calendar year 2000 may have delayed the purchase and arrival of the access equipment authorized for purchase in 2001. Mr. Crawford offered to check on the situation with AT & T franchising official Jon Koebrick, AT & T Franchise Renewal. Mr. Crawford told Commissioners of the visit by Tom Robinson of River Oaks Corporation and his hope that a joint ascertainment survey project could be crafted that would serve to identify future cable-related needs for the purposes of franchise renewal, as well as telecommunications needs and deficiencies for the purpose of negotiating the entry of competitive telecommunication service providers, particularly for business and industry. AT & T Broadband Report. Mr. Barefoot distributed copies of his written monthly reports for December 2000 and January 2001, and a copy of a January 7 Cedar Rapids Gazette article about public access television in eastern Iowa, which had featured some comments and information about the Dubuque operation. He also reported on a planned visit of some Washington Junior High School teachers scheduled for March 21 to visit AT & T studios. The character generator is being sent in for repairs. He also led a brief discussion regarding some questions about the repeated borrowing of access equipment by a citizen who also does some non-access production on the side, and the apparent lack of final product returning for cablecasting on access channels. Cable Franchise Administrator Report, Mr, Crawford gave a few brief highlights of the upcoming City Council budget hearings for Cable TV, and told Commissioners of the City's interest in finding someone on a part-time basis to serve as a backup tv producer/director for live cablecasting of City Council meetings when Doug McCallum is unable to do so. Future Agenda Items. The disposal of junk and used equipment will be returned to the agenda. 10. Adjournment. Upon a motion by Ms. Tigges, seconded by Mr. Wanamaker, the meeting was adjourned at 6:47 P.M. MC/cj CIVIL SERVICE COMMISSION Date: Thursday, January 18, 2001 Time: 2:00 p.m. Place of Meeting: Conference Room A - City Hall Chairperson Loras Kluesner called the meeting to order at 2:00 p.m. in Conference Room A of City Hall. Present: Chairperson Loras Kluesner and Commissioner Merle Duehr Absent: Commissioner Dick Wertzberger Also Present: Chris Kohlmann, Information Services Manager Approve Minutes of December 27, 2000 Duehr moved to approve the minutes of December 27, 2000. unanimously approved, Seconded by Kluesner, Establish Passing Point for the Position of Information Technology Specialist Duehr moved that the passing point for the position of Information technology Specialist be established at 50; and he further moved that the list of eight be certified and that the list be good for two years. Seconded by Kluesner, unanimously approved. There being no further business, Duehr moved to adjourn. Seconded by Kluesner, unanimously approved. Adjourned at 2:07 p.m. Approved at meeting of CIVIL SERVICE COMMISSION Date: Friday, February 2, 2001 Time: 3:30 p.m. Place of Meeting: Conference Room A - City Hall Chairperson Kluesner called the meeting to order at 3:30 p.m. in Conference Room A of City Hall. Present: Chairperson Loras Kluesner, Commissioner Merle Duehr and Commissioner Dick Wertzberger Also Present: Klm Wadding, Terry Lambert, Randy Peck, Gus Psihoyos, Tom Kopp, George Walz Approve Minutes of January 18, 2001 Duehr moved to approve the minutes of January 18, 2001. Seconded by Wertzberger, unanimously approved. Certify Ust for Position of Police Officer Wertzberger moved to certify the list for Police Officer as submitted by Police Chief Klm Wadding, and that this list be good for two years. Seconded by Duehr, unanimously approved. E Request of Tom Kopp to Address the Commission Mr. Kopp reviewed the correspondence he had previously provided the Commission regarding the hiring practices of the Engineering Division. He has taken and passed the Civil Service examination for both the Engineering Assistant I and Engineering Assistant II positions in the Engineering Division. He is currently enrolled at NICC and working towards a degree in Mechanical Engineering and he has already obtained his CAD Specialist Certificate. Mr. Kopp has been employed by the City of Dubuque Operations and Maintenance Department for 27 years, the last ten as a Foreman, and has worked part-time in the Engineering Division. He stated that he feels he is qualified to fill either of the existing vacancies in the Division but has been told he would not be hired full-time as he did not have a two-year degree. Commissioner Wertzberger stated that since Mr. Kopp passed the tests, this should indicate that he is qualified, however, he questioned what the Commission's jurisdiction was in this case. Commissioner Duehr expressed the same opinion, stating that Mr. Kopp has shown to have the ability by passing the test. After a brief discussion on the jurisdiction of the Commission, Commissioner Duehr moved that Corporation Counsel Barry Lindahl be requested to issue an opinion as to the Commission's jurisdiction. Seconded by Wertzberger, unanimously approved. Commissioner Wertzberger stated that in his opinion the Engineering Division is superior and also wanted to go on record that he is sympathetic to Mr. Kopp's cause. The Commission determined that they would review the Corporation Counsel's opinion and scheduled a meeting for Wednesday, February 28, 2001, at 2:00 p.m. to further discuss this matter. There being no further business, Wertzberger moved to adjourn, Seconded by Duehr; unanimously approved. Adjourned at 3:55 p.m. Approved at meeting of Five Flags Commission Meeting January 15, 2001 PRESENT: Rod Bakke, Mike Brannon, Gary Dolphin, Cynthia Fuller ABSENT: Steve Sesterhenn STAFF PRESENT: Jamie Blum, Jodi Lukens The Five Flags Commission meeting convened at 9:06 a.m. in the Manager's office at Five Flags Center. Chairperson Mike Brannon presided. Minutes of December 18, 2000 meeting were approved. There were no additions or deletions to the agenda. Acting Manager Jamie Blum gave Commissioners an update on the search for the Manager's position. An ad went in all the major newspapers last weekend and an ad would appear in IAAM magazine today. February 7th is the cut-off date for taking applications. Gil Spence hopes to select an interview committee consisting of other city employees and one or two of the commissioners. Mike Brannon suggested that Rod Bakke be a part of the interview committee since Rod has been a commissioner the longest. All members agreed and Gary Dolphin also recommended the chairperson, Mike Brannon, also be a part of the committee. Jamie explained the different changes that took place in the concession stand in skate rental. We added nachos and cheese, popcorn, hotdogs and a special size soda. The new items seem to be going well with little comments. Cindy Fuller commented on behalf of High School Hockey by saying the new items have been well received. Mike Brannon suggested looking into selling pizza slices at the stands during some events. Cindy Fuller had suggested to John Snider about selling pi77a during the High School Hockey Tournament in March. The lavatory project is complete and all was finished on time! They all look very nice and it's great to have good water pressure back in the lavatories. During information sharing Jamie said that all the scoreboard advertisers renewed with the exception of Eagle Ridge Inn and Resort. This leaves one spot open. ,lamie asked the Commissioners for ideas on some companies they thought might be interested in renting the spot. The members gave Jamie some ideas on different types of companies to contact. Letters will be sent out to local businesses in the area regarding the opportunity. Five Flags Commission Meeting January 15, 2001 Page Two Also during information sharing, Jamie said that the theater renovation project is set for I~ublic hearing tonight. The Dubugue Fighting Saints game that was postponed from December 16t~ was rescheduled for January 24t~. A country concert, Tracy Lawrence, was scheduled for February 15t~ and the Lipizz. aner Stallions are booked for February 22"d and 23rd. Sesame Street is planning to return in the fall. The Harlem Globetrotters went well on Monday night with attendance just under 2600. The Harlem Globetrotters staff was pleased with the turn out. Cindy Fuller commented on the new Riverfront project and if it is completed the Five Flags Center would need to be more aggressive in promoting the building. Rod Bakke had suggested that item be put on a future commission meeting agenda. Jamie told commissioners that subject would be added to the February agenda. Gary Dolphin wanted to thank the Commissioners for rescheduling the Commission meetings for January and February to meet with his schedule. There being no further business, the meeting adjourned at 9:35 a.m. Respectfully submitted, Mike Brannon Chairperson Five Flags Commission Meeting February 19, 2001 PRESENT: Rod Bakke, Mike Brannon, Cynthia Fuller ABSENT: Gary Dolphin, Steve Sesterhenn STAFF PRESENT: Jamie Blum, Jodi Lukens The Five Flags Commission meeting convened at 9:06 a.m. in the Manager's office at Five Flags Center. Chairperson Mike Brannon presided. Minutes of ,January 15, 2001 meeting were approved. There were no additions or deletions to the agenda. Acting Manager Jamie Blum commented to the Commission that it had been a rumor for a long time but now was reality that the Dubuque Fighting Saints were leaving. The Commission members discussed their feelings on the departure. Jamie indicated that at the budget hearing, Gil Spence would discuss what impact the Saints departure would have on the Five Flags Center. Jamie told the Commission members that about 50 applications were accepted for the Manager's position. Gil Spence had reviewed the applications and reported that 60-70% of the applicants were not qualified. The interview committee will consist of 7 people, Sue Czeshinski, Rick Dickinson, Rich Russell, Randy Peck, Rod Bakke, Gil Spence and Jamie Blum. They hope to have a decision made by the end of March and hopefully have someone in place a month later. During information sharing Jamie said that budget hearing will be Wednesday evening with the dinner at 5:15 p.m. John Snider, Concessions Manager hired an Assistant Concession Manager and he seems to be working out well. John tried Dominos pizza at the High School Basketball Classic and that went over very well. Iowa Winter Games had a nice weekend and Hempstead High School was in the theater for the first time and was very pleased. Hempstead plans on returning again later this year. Coming up the first weekend in March will be the High School JV Tournament following with Substate and the Home Show. Rod Bakke inquired on why the High School JV Tournament was not listed on the media calendar of events. It was explained that the events that we do not sell tickets for usually does not appear on that listing. Jamie will look into this situation and make a decision for the upcoming media calendars. Jamie told the Commissioners that the only scoreboard panel that was available was purchased by McDonald's. The sign is not ready to be put up yet, but as soon as it is available it will be installed. Rod Bakke thanked Jamie for the great job she has been doing. He also extended the compliment to the rest of the Five Flags staff for their hard work. There being no further business, the meeting adjourned at 9:30 a.m. Respectfully submitted, Mike Brannon Chairperson MINUTES OF HOUSING COMMISSION MEETING DATE: TIME: PLACE: 23 January 2001 4 p.m. Housing Services Department Office 1805 Central Avenue / Dubuque, Iowa 52001 Vice Chairperson Stock called the meeting to order at 4:00 p.m. following staff assurance of compliance with Iowa Open Meeting Law. Commissioners Present: Jim Stock Tom Swift, II Harry Neustadt Dorothy Culbertson Paula Stenlund Danise Miller Commissioners Absent: Staff Present: Dave Kapler Dan Teply David Harris Janet Walker Officer Sommer Bea Bisenius-Soens Jim Holz Joleen Patterson Officer Roy Kris Neyen Officer Simpson Review and Certification of Minutes of 14 November 2000 Meetina ~.~ Commissioner Neustadt moved to approve the 14 November 2000 Commission me~e_~fi~.~inu.~s as submitted. Commissioner Stenlund seconded. Roll call. Commissioner Swiff-abst~'~uetor~ing_Tj absent. All others present in favor. Motion passed. public Input ~;~ None. Public Hearina To Receive Public Comments Regarding Apphcatlon to HUD for Addlbonal Hous~g Ve~che Commissioner Stenlund moved to open the public hearing regarding additional Housing Vouchers. Commissioner Culbertson seconded. Roll call. All present in favor. Motion passed. The Commission reviewed the application for additional vouchers. For the record, no public was present. Commissioner Stsnlund moved to close the public hearing. Commissioner Neustadt seconded. Roll call. All present in favor. Motion passed. Commissioner Stenlund moved to approve the resolution for additional Section 8 Program Housing Vouchers. Commissioner Swift seconded. Roll call. All present in favor. Motion passed. Old Business Housing Trust Fund Committee Report Commissioner Neustadt reported that the Trust Fund Committee granted Gateway to Homes a 15% rent increase for their Bluff Street property. He also reported that Maria House requested additional funds, but was denied due to the City having invested more than $266,000 into the project. David reported that the application to IDED for Local Housing Assistance Program (LHAP) funds, in the amount of $100,000 has been approved for the condominium project on West Eighth Street. David also distributed copies of the fifth annual Rivertown Rents Survey to the Commission, noting that occupancy rates have improved across the city this year. FY02 Budget David stated that the budget hearing is scheduled for February 26, 2001, with the City Council. Commissioners Neustadt and Stock stated that they will be attending. New Business Discussion of Commission Appeals Hearing Process; Request of Cemmission Kapler Tabled. Policy Discussion: Section 8 Program Regulation Requiring Benerd~ to Lowest-Income Participants; Resulting n Preference for Single-Person Households. Janet explained that HUD measures penormance of the Housing ^gency through several indicators called SEMAP (Section 8 Management Assessment Program). One of the indicators certifies that 75% of the new admissions selected from the waiting list are within 0- 30% of area median income. Our SEMAP indicator is currently below this criteria due to the selection policy in the Section 8 Administrative Plan. She proposed to remove the restriction of assisting single persons only if no other elderly or disabled persons are on the waiting list and to give loc.al preference points to disabled persons. This would increase the number of applicants ass~3ned the preference status with income at or below 30% of the area median income, meeting the requirement by HUD. Commissioner Stenlund moved to approve the policy change. Commissioner Swift seconded. Roll call. All present in favor. Motion passed. Appoinl~ent of Liaison to Community Development Commission Commissioner Culbertson nominated Commissioner Neustadt for another term. Commissioner Stenlund seconded. Roll call. All present in favor. Motion passed. Joleen stated that Commissioner Neusta~ does an excellent job representing Housing on the CD Commission. Policy Change: Allow Homeowner Rehab Loan Program Eligibility for Owner-Occupied Buildings up to Three Units Joleen stated that the Commission had reviewed this previously and requested that it be placed on the agenda for action. She stated that HUD allows CDBG funds to be used for this purpose. Commissioner Swift moved to approve the policy change. Commissioner Stenlund seconded. Roll call. All present in favor. Motion passed. Juleen also proposed using CDBG Rental Rehab funds for the purpose of aiding co.t~ac~rs to renovate derelict properties and then them to first-time homebuyers. Contractors would receive this assistance as 6-month, 0% interest loans, which would then be assumed by the homebuyer at sale. Commission Stenlund moved to approve this program change. Commissioner Swift seconded. Roll call. All present in favor. Motion passed. Request for Exception: Homeowner Loan Exceeding Maximmn Amount Tabled. Request for Commissioner to Hold Appeal Hearing Commissioner Neustadt volunteered to act as hearing officer for an appeal. Adiournment There being no further business to come before the Commission, Commissioner Stenlund moved to adjoum. Commissioner Neustadt seconded. Motion passed by voice vote. Meeting was adjourned at 5:05 p.m. ,Minutes _taken by: Kris Neyen ~ Rehab Assi~f_t.t~nt Da~ Harris Deparl~nent Manager Carnegie-Stout Public Library Board of Trustee's Meeting I~linutes of Thursday~ December 14~ 2000 The Board of Trustees of the Carnegie-Stout Public Ubrary (C-SPL) met in the Library Board Room at '~:00 p.m., Thursday, December 14h, 2000. Present: Absent; President Kristen Smith; Vice-President Kevin Lynch; Board Secretary Mary Strom; Trustee Steve Augspurger; Trustee Jack Felderman; Trustee Edmund Vandermillen; Ubrary Director Thomas J. Moran, and Recorder Denette Kellogg. Trustee Sue Lindsay 1. Smith called the meeting to order at 4:01 p.m. "Moved to adopt the meeting agenda of December 14, 2000." Not/on: Fe/derman Second: Augspurger Vote: Aye - 6 Nay- 0 2. Ubrary Board of Trustees' Board minutes - ''Moved to adopt the minutes of the L/bra/y Board of Trustee's meeting held November 16th. # Notion: Augspurger Second: Lynch Vote: Aye - 6 Nay - 0 The Board agreed that those Board members who have e-mail receive the Board minutes via e-mail Board Correspondence - Smith reviewed four patron comment cards with staff responses. The Board discussed the issue of providing some Children's programming in the evening and on weekends. Moran reported that providing high quality additional programming is important and that for the last 3 years an improvement package request for an outreach person in the Children's Activity has been requested and been turned down. Moran reported that the request has been submitted again for FY02 as reviewed by the Board. The Board suggested the use of volunteers to help provide additional programming. The Board requested that Library Director Tom Moran consult the patron who requested additional programming for addiUonal ideas. Strom reported that persons who provide Children's programming must be trained appropriately, Library Board of Trustees Minutes of D¢ccmbar 14, 2000 have a job description, and have experience. Augspurger suggested that should this be a needed service to the public, budget monies be requested to provide staff to conduct the programming. The Board agreed to continue requesting additional staff while investigating possible volunteer assistance to provide additional programming. Lynch suggested that local daycare centers have trained staff that might be available to conduct evening and weekend programming for children. "ploved to direct Library D/rector Tom Ploran to further investigate and come up with possible solutions, including the use of volunteem, to address the issue of providing additional children's programming in the evening and on weekends." Plotion: Fe/derman Second: Vanderm///en Vote: Aye - 6; Nay - 0 Moran reported on a comment card received by a patronin regard to use of the public Internet computers. Moran reported on the derogatory language used toward staff and noted that the complaint was not signed. Tom reported that he would provide additional information regarding this issue at the 3anuary meeting. 4. President's Report: Ubrary Foundation Report - Smith reported on the November Board meeting. Smith reported that the annual fundraising campaign is going well, with funds raised exceeding the previous year. Smith reported that the programming request for two Children's programs in the spring was approved. Smith reported on the Foundation's schedule for project requests to be submitted. 5. Committee Reports: A. Relations Committee - Vandermillen: 1) Friends of the Ubrary Report - Moran reported that the December meeting was cancelled due to weather. Moran reported that the Board is in the process of reviewing who would fill the Board officer positions that are vacant. 2) Art Sub-Committee Meeting Report - Vandermillen reported on the December 7th meeting as follows: -2- Library Board of Trustees Minutes of December 14, 2000 the Sub-Committee is planning for an upcoming art show of local artist Dorothy Rossiter's works of art. Mrs. Rossiter has agreed to a showing of her art works and will attend the opening, scheduled for Sunday, April 22, 2001, with the show running approximately six weeks. Vandermillen reported that a private reception would be held on April 22"d, with the public opening date of Monday, April 23~. Vandermillen reported that the Sub-Committee members have vast knowledge and experience in the art field and each is contributing greatly to the planning of this event. Sub-Committee members are canvassing the local community to loan art works to the Library for the show, preparing a floor plan of the Ubrary's 2"d floor gallery area, and creating marketing themes for the event. Felderman reported that the Dubuque Museum of Art (DNA) has agreed to provide refreshments for the event and staff to set-up the works of art for the show, the Sub-Committee is formulating ideas for the Library's commemoration of its 200th centennial anniversary and discussed the Ubrary Foundation's plan of working with the school to promote a Grant Wood project contest. Vandermillen reported that the Sub-Committee's next meeting is scheduled for 3:00 p.m., January 18, 2000. 3) County Ubrades Trustees Meeting - Moran reported that Trustees Smith and Strom attended the December 5m meeting with him at the Farley County Ubrary along with representatives from each County Ubrary. Moran reported that an agreement was reached amongst the libraries to work towards the elimination of selling library cards over the counter by July 2003 and in the meantime, to charge a standard fee for cards of $52.00 for family and $26.00 for individual. Moran reported that these fees are currently being charged by C-SPL. Smith and Strom reported on the complexity of this issue and on the many different fee structures currently used. Library Administration Assistant Job Description - Felderman reported on the request from the Board to raise the dassificaUon of the secretary posiUon. Felderman reported that he and Moran are scheduled to meet with City Personnel Manager Randy Peck on December 19, 2000 to discuss the job audit and revised job description that were completed for the position review. The Board agreed that the responsibiliUes and -3- Library Board of Trustees Minutes of December 14, 2000 duties of this position require a higher classification than currently assigned and reported its commitment to accomplishing this task. B. Operations Committee - Lynch: 1) Expenditure and Financial Reports November 2000 (FY01) - Moran distributed the financial reports received from City Finance. Lynch reported that the expenditures appear to be in line with the budget with 42% of the fiscal year elapsed and noted that the gift fund expenditures are included in the Library's operational expenditure report. Moran reported that his summary report provides an operational expenditure report that does not include the gift fund expenditures. 2) FY-2002 Budget Submission Report - Moran reported that he and Board President Kristen Smith met with Qty Staff on November 21, 2000 to review the Library's proposed budget. Moran reported that the City's budget for FY-2002 is expected to be problematic as revenue projections are coming in short of projected expenditures. Felderman reported on the process for assessment of properties in relation to property value. 3) Repair/Replacement of Air Conditioning (A/C) Unit for Computer Room - Lynch reported that the computer room A/C unit has been repaired but that the Library should plan for replacement of the older unit in the future and for the compressor unit, which is now located in the interior of the building, to be located on the roof. Lynch reported that the need for a new A/C should be assessed as part of the space renovation project as the space the computer room now houses could change. C. Planning Committee - Augspurger: 1) Review of Personnel Manual Chapters 13 & Chapter 14 - Augspurger reviewed the proposed changes to Chapter 13 - SpeciaIPaid Leaves and Chapter 14 - Leaves Hrtthout Pay. Felderman requested, the Board concurred, that Chapter 14, SecUons 3 and 4 having to do with military leave, be reviewed under the current Federal and State guidelines for accuracy and be worded in conjunction with the guidelines. The Committee agreed to provide a review of these sections and bring both chapters back to the Board for approval. "Noved to table the agenda/tern, "Review of Personnel i~lanual Chapters 13 and 14, "for further review by the Planning Cornrn/ttee of Chapter 14, sections 3 and ,t, "' -4- Library Board of Trustees Minutes of December 14, 2000 Motion: Felderrnan Second: Augspurger Vote: Aye - 6; Nay - 0 2) Review of Potential Architects Ust for Ubrary Renovation Project - Augspurger reviewed the list of potential architects to be solicited for the Library renovation project as submitted by Moran and added to by the Committee. Augspurger asked the Board for additional names to be added to the list, Strom and Smith reported on recent library renovations in the mid-west. Augspurger reported on problems with code violations with one Iowa library recently renovated. One additional potential architect name was given and the Board concurred that the list developed is complete and that the solicitation request for the renovation project be sent out to the list along with an ad in the Telegraph Herald. 6. Director's Report: Statistical/Service report for November 2000 - Moran reported an increase in Circulation, Internet Usage and Reference inquiries, with a decrease in gate count and a slight decrease in meeting room usage. Moran reported on how the entrance/exit gate to the library works. Automated Electrical Defibrillator (AED) - Moran reported on training to staff provided by the Emergency Service Staff of the Dubuque Fire Department on Cardiac Pulmonary Resuscitation (CPR) and on the use of the AED. Moran reported that the eight staff members who have been trained would be certified after one final test is conducted with each individual. Moran reported that the Ubrary has been given an AED to be used by the certified personnel in an emergency situation. Smith suggested that a press release regarding the training/equipment be announced by the City. Iowa Urban Public Library Association (IUPLA) Statistics FY00 - Moran reported on C-SPL statistics in comparison to other libraries compares favorably, and reported on specific areas of circulation and full Ume equivalent per capita. Lynch commented on the library's receipts versus expenditures. Moran reported that this information is also shared with the City Manager. Materials Availability Study 2000 - Moran reported on the study conducted every three years. Moran reported that the valuable input retrieved from the study is used by staff in the various areas of library operations. Felderman commented on the number of posiUve comments received. -5- Library Board of Tmstees Minutes of December 14, 2000 Smith suggested, the Board concurred, that patron comments from the study could be used as part of the budget presentation. Strom reported a change to the "H/gh//ghts of Pr~or Year's Accomp/ishments"report. 7, Communications/Public Comment: Self-Check Replacement Proposal - Augspurger asked about status of the self-check machine replacement proposal. Moran reported that he and City Attorney Barry Lindahl would meet to discuss first step,.which would include a letter from the City Attorney to Vernon Library Supplies expressing that Vernon Library: Supplies has breached its warranty of merchantability. Moran: reported that he would continue to update the Board on this very important issue. · Vandermillen reported on the new first lady's interest in support of libraries and the positive impact this could have on libraries. 8. "Not/on to adjourn." Not/on: Felderman Second; Strom Vote: Aye - 5; Nay- 0 The Board a~ourned at 5:26 p.m. Hary Strom, Board Se~r ~ry ~ r -- -6- CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council Regular Session, February 19, 2001 Council Met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski via the te!ephone, 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 Jerry E. Oakland, Pastor of St. Luke's United Methodist Church. Proclamation: Tim Moerman Day (February 22, 2001) received by departing Assistant City Manager Tim Moerman who expressed appreciation for all the positive experiences he ~nd his family have enjoyed while in Dubuque. CONSENT ITEMS Minutes Submitted: Airport Commission of 1/29; Cable TV Regulatory Commission of 1/10; City Council Proceedings of 2/5; Electrical Code Board of 2/5; Environmental Stewardship Advisory Commission of 2/6; Historic Preservation Commission of 1/18; Human Rights Commission of 1/8; Long Range Planning Advisory Commission of 1/17; Transit Board of 2/8; Zoning Advisory Commission of 12/6/00 and 2/7; Zoning Board of Adjustment of 1/25, upon motion received and filed. List of Claims and Summary of Revenues for month ending December 31, 2000; City of Dubuque Financial Reports for the month ending January 31, 2001, upon motion received and filed. Notice of Claims/Suits: Cindy Hanten in undetermined amount for property damage; Robert C. Hood, Jr. in undetermined amount for personal injuries; Gene A. Kramer in estimated amount of $2,222.96 for vehicle damage; Bill Moore in undetermined amount for vehicle damage; Nona R. Nigg in estimated amount of $794.54 for vehicle damage; Linda L. Sanford in estimated amount of t~174.85 for vehicle damage; Subrogation Claim of State Farm Insurance (for insured, Timothy Grass) in estimated amount of ,~872.94 for vehicle damage, upon motion referred to the Legal Staff for investigation and report. Kane Development Corporation: Communication from Steve Boge', Kane Development Corporation, requesting the City's acceptance of sanitary sewer and water main system at Pine Knoll Condominiums (Phase I) on Katrina Circle in the City of Dubuque, upon motion referred to the City Manager. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Police Officer, upon motion resolved to make this a matter of record. Interagency Agreement Between City and Dubuque County Board of Health for Inspection of Pools and Spas: City Manager recommending approval of an Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County, upon motion received and filed and concurred with recommendation. Tentative Agreement Between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353: City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighter$ Association, Local #353, for a three year period, upon motion received and filed. Buol moved adoption of Resolution No. 49-01 Accepting the tentative agreement between the City of Dubuque, Iowa, and the Dubuque Professional Firefighters Association, Local #353 and authorizing the Mayor to sign the agreement. Seconded by Robbins. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication of the U.S. Department of Housing and Urban Development advising that they have reviewed the City's audit report for the period July 1, 1999 through June 30, 2000, upon motion received and filed. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising of four public input meetings to be held around the State, upon motion received and filed. State Grant Contract for Design Guidelines Manual: City Manager recommending approval of a contract with the State Historical Society of Iowa for a $7,500 grant the City has received to develop a design review guidelines booklet for historic districts, upon motion received and filed. Downtown Vision Process: City Manager recommending confirmation of a facilitator for the Downtown Vision Process, upon motion received and filed. Bunker Hilt Golf Course - Agreement with Golf Professional: City Manager recommending approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course operation, upon motion received and filed and concurred with recommendation. Urban Revitalization/Tax Exemption Applications: City Manager recommending approval of th~ eligible Calendar Year 2001 Urban Revitalization Applications, upon motion received and filed. Buol moved adoption of Resolution No. 50-01 Approving Residential Property Tax Exemption Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor and Resolution No. 51-01 Approving late filed Residential Property Tax Exemption 2 Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor. Seconded by Robbins. Motion carried 7-0. Clara Street Place - Acceptance: City Manager recommending acceptance of the public improvements as completed by Mercy Medical Center in Clara Street Place, upon motion received and filed. Buol moved adoption of Resolution No. 52-01 Accepting improvements in Clara Street Place. Seconded by Robbins. Motion carried 7-0. Fischer Cold Storage Warehouse Asbestos Abatement Project - Acceptance: City Manager recommending acceptance of the Fischer Cold Storage Warehouse Asbestos Abatement Project in the final contract amount of $3,200, upon motion received and filed. Buol moved adoption of Resolution No. 53-01 Accepting improvement and Resolution No. 54-01 Approving final estimate in amount of $3,200. Seconded by Robbins. Motion carried 7-0. Salina Street Reconstruction Project: City Manager recommending a change from concrete panels to wooden railroad ties on portions of the Salina Street Reconstruction p,,,;,,,-t upon motion received and flied and approved recommendation. Supplement #48 of the Code of Ordinances: City Manager recommending adoption of Supplement #48 to the City of Dubuque Code of Ordinances, upon motion received and filed. Buol moved adoption of Resolution No. 54-O1 Adopting Supplement #48 to the City of Dubuque Code of Ordinances. Seconded by Robbins. Motion carried 7-0. Senator Grassley Letter: Communication of City Manager to Senator Grassley requesting his support of S. 88 regarding broadband access in rural and Iow income areas, upon motion received and filed and approved letter. Business Licenses: Buol moved adoption of Resolution No. 56-01 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Clark Retail #2354; Resolution No. 57- 01 Granting issuance of a Class C Beer/Liquor License to The Clubhouse and Tony's Place and Resolution No. 58-01 Granting issuance of a Class B Beer Permit to Kid's World Pizza/Fun Center; and Class C Beer Permit to Clark Retail #2354 and Lee W. Potter - West Locust Mart. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS APPOINTMENTS to the following Boards/Commissions: Building Code Board of Appeals (2 Vacancies): Upon motion Chuck Cart appointed for the General Contractor position for term ending 8/1/03 and Richard Luchsinger for the At- Large position for term ending 8/1/03. Community Development Advisory Commission (4 Vacancies): Upon motion James Giesen reappointed for the At-Large position for term ending 2/15/04 and Charles Isenhart appointed for Census Tract No, 1 position for term ending 2/15/03. Environmental Stewardship Advisory Commission (1 Vacancy): Upon motion Art Sunleaf 3 appointed to the unexpired term ending 10/1102. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 989 Langworthy - Rezoning Request of William May: Proof of publication on notice of hearing to consider rezoning property located at 989 Langworthy from R-2 Two-Family Reside~ial District to OS Office Service District, upon motion received and filed. Dr. May spoke requesting rezoning to allow placement of his dentist's office. Ordinance No. 11-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 989 Langworthy from R-2 Two- Family Residential District to OS Office Service District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Highway 2_0 Corridor Between Bluff Street and Cherokee Drive - Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located in the Highway 20 Corridor between Bluff Street and Cherokee Drive/Collins Street from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts, upon motion received and filed. Ordinance No. 12-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Highway 20 from Bluff Street west to Cherokee Drive from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts, presented and read. Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. Lamar Advertising - Request for Text Amendment to Zoning Ordinance: Proof of publication on notice of hearing to consider an amendment to Section 4-3.11 of the Zoning Ordinance to increase minimum spacing of off-premise signage, upon motion received and filed. Jim Schumacher of Lamar Advertising and Chris Iverson as VP and General Manager of Lamar spoke in favor of the text amendment. Jennifer Stoan and Gene Bird of Bird Signs spoke in opposition to the proposed Ordinance. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for Off-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign Regulations for the Off-Premise Sings in lieu thereof, pertaining to increasing the spacing between off-premise signs from 100 feet to 750 feet, presented and read. Nicholson moved to table action on this Ordinance and to refer it back to the Zoning Advisory Commission. Seconded by Buol. Carried by the following vote: Yeas--Duggan, 4 Michalski, Nicholson, Buol, Cline. Nays--Markham, Robbins. Five Flags Theater Renovation - Award Contract: Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the Five Flags Theater Renovation Project and City Manager recommending to award contract for the project to Klauer Construction Company in the amount of 8699,950, upon motion received and filed. Buol moved adoption of Resolution No. 59-01 Adopting plans and specifications for project and Resolution No. 60-01 Awarding contract for project to Klauer Construction Company in the amount of $699,950. Seconded by Michalski. Motion carried 7-0. Allan J. Becker- Request to Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Bradley Place, Dubuque, iowa and communication of City Manager recommending approval of the disposition to Allen J, Becket, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., upon motion received and filed. Robbins moved adoption of Resolution No. 61-01 Disposing of City interest in Lot 2A of Bradley Place, Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. Area Residential Care, Inc. - Request to Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Block 15 of River Front Subdivision No. 3 of Bradley Place, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Area Residential Care, Inc., upon motion received and filed. Markham moved adoption of Resolution No. 62-01 Disposing of City interest in Lot 2A of Block 15 of River Front Subdivision No. 3, Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Thomas Luksetich and Steve Smith - Request to Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Thomas Luksetich and Steve Smith, representing Talass, L.L.C., upon motion received and filed. Buol moved adoption of Resolution No. 63-01 Disposing of City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0. Lease with United Rentals, Inc.: Proof of publication on notice of public hearing to consider disposing of City interest in real property and City Manager recommending approval of a lease with United Rentals, Inc. for property located at 301 Iowa Street, upon motion received and filed. Robbins moved adoption of Resolution No. 64-01 Disposing of an interest in real property by lease with United Rentals, Inc. Seconded by Nicholson. Motion carried 7-0. Upon motion it was resolved to reinstate the rule limiting discussion to Council. ACTION ITEMS 5 Bressler Outdoor Advertising: Communication from Jennifer Sloan, General Counsel for Bressler Outdoor Advertising requesting to address the Council regarding the issuance of a building permit to construct a sign structure at 3220 Dodge Street, presented and read. Attorney Jennifer Sloan, 170 W. Fairbanks Ave., Winter Park, FI as counsel for Bressler Advertising spoke requesting issuance of the building permit. Nicholson moved to direct the Building Department to issue the permit upon receipt of the plans. Seconded by Markham, Carried by the following vote: Yeas--Buol, Duggan, Michalski, Markham, Nicholson, Robbins. Nays--Cline. Amendments to the Historic Preservation Ordinance: Communication of the Historic Preservation Commission and the Preservation Task Force recommending amendments to the Historic Preservation Ordinance, upon motion received and filed. Terry Mozena, Chair of the Historic Preservation Comm. spoke requesting adoption of the amendments. An Ordinance amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque, presented and read. Cline moved that this be considered the first reading of the Ordinance. Seconded by Buol. Motion carried 7-0. !nitiatives to Support Historic Preservation in Dubuque: Communication of the Historic Preservation Commission and the Preservation Task Force recommending initiatives to support historic preservation in Dubuque, presented and read. Buol moved that the communication be received and filed and that they approve the recommendation supporting the initiatives. Jaycees/Peosta Channel Trail Project: City Manager recommending to lower the height of the levee where appropriate for construction of the Dubuque Jaycees/Peosta Channel Trail Project, upon motion received and filed. Buol moved adoption of Resolution No. 65-0! Approving a request to lower the height of the levee where appropriate for the construction of the Dubuque Jaycees/Peosta Channel Trail Project. Seconded by Nicholsen. Motion carried 7-0. National League of Cities: Communication from the National League of Cities appointing Council Member Dan Nicholson to the Information Technology and Communications (ITC) Steering Committee for the League, upon motion received and filed. Certificates of Completion - CIGNA: City Manager recommending approval of two Certificates of Completion for the CIGNA project, upon motion received and filed and concurred with recommendation. COUNCIL MEMBER REPORTS Michalski thanked the Council and Staff for their good wishes at the time of her recent surgery. Duggan expressed appreciation for the 830 Million grant from Vision Iowa. Markham stated that the presentation for the Vision Iowa grant request was great, an outstanding job done by the presenters. ITEMS TO BE SET FOR PUBLIC HEARING 6 City of Dubuque Fiscal Year 2002 Budget: City Manager recommending that a public hearing be set for March 6, 2001 to consider adoption of the Fiscal Year 2002 budget and the Five Year Capital Improvement Program, upon motion received and filed. Buol moved adoption of Resolution No. 66-O1 Setting the date of the public hearing on the Fiscal Year 2002 budget for the City of Dubuque and Resolution No. 67-01 Setting the date of public hearing on the Five Year Capital Improvement Program, with both dates being Tuesday, March 6, 2001 at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nichoison. Motion carried 7-0. Mississippi River Discovery Center Utility Relocation Project - Initiate: City Manager recommending initiation of the bidding process for the Mississippi River Discovery Center Utility Relocation Project and that a public hearing be held on March 19, 2001, upon motion received and filed and approved recommendation. Buol moved adoption of Resolution No, 68-01 Preliminary approval of plans and specifications; Resolution No. 69-01 Fixing date of hearing on plans and specifications and Resolution No. 70-01 Ordering bids and further set this Public Hearing for 3/19/01 at 6:30 P,M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law, Seconded by Nicholson. Motion carried 7-0, 1999 P.C. Concrete Paving Project - No. I (Bryant, Booth, and Van Buren) Reconstruction Project - Acceptance: CiW Manager recommending acceptance of the PCi I (Bryant, Booth, and Van Buren) Reconstruction Project in the final contract amount of $2,160,641.20 and recommending that a public hearing be held on April 2, 2001 on a new watermain and sanitary sewer assessment added to the project at the request of a property owner, upon motion received and filed and concurred with recommendation, Buol moved adoption of: Resolution No, 71-01 of Necessity; Resolution No. 72-O1 Setting date of hearing on Resolution of Necessity for April 2, 2001; Resolution No, 73-01 Fixing date of hearing on plans and specifications for April 2, 2001; Resolution No. 74-01 Accepting improvement; Resolution No. 75-01 Approving final estimate of $2,160,641.20; Resolution No. 76-01 Approving preliminary final schedule of assessments and further set the Public Hearings for 4/2/01 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 Nicholson, Motion carried 7-0. At 9:04 P.M. Council went into Closed Session re: Property Acquisition and Litigation that is Imminent (Iowa Code Chapter 21-.5(1)(j)(c). At 9:35 P.M. Council reconvened Regutar Session. There being no further business, upon motion meeting adjourned at 9:36 P.M. /s/Jeanne F. Schneider City Clerk It 2/28 7 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 5, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nichotson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindehl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Anthony Noel, Pastor of Abundant Harvest Church of God. Ralph Vedder of Divine Word Seminary in Epworth, introduced two students with a group of students from France who addressed the Council expressing appreciation for this introduction to our city government. CONSENT ITEMS Minutes Submitted: Airport Commission of 12/28/00, 1/03, and 1/08; Cable Community Teleprogramming Commission of 1/9; City Council of 1/11 and 1115; Civil Service Commission of 12/27/00; Environmental Stewardship Advisory Commission of 1/9; Five Flags Commission of 12/18/00 and 1/15/01; Housing Commission Trust Fund of 1/18; Human Rights Commission of 11/13/00; Investment Oversight Commission of 1/18; Long Range Planning Advisory Commission - Downtown Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board of 1/17, upon motion received and filed. Proof of Publication for Council Proceedings of 1/2/00, 1/11, and 1/15; upon motion received and filed. Printed Council Proceedings for December 2000, upon motion approved as printed. Finance Director submitting the Financial Reports for the month ending December 31, 2000; Quarterly Report of the Investment Oversight Advisory Commission, upon motion received and filed. Substance Abuse Services Center Second Quarter Report, upon motion received and filed. Notice of Claims/Suits: Ross Ball in estimated amount of ~270 for property damage; Thomas J. and Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove Tool, Inc. in estimated amount of $209 for vehicle damage; Kathleen M. Kane in estimated amount of $48.74 for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in undetermined amount for vehicle damage; Lois Link in undetermined amount for personal injuries; Mercy Health Center in estimated amount of -~191.20 for property damage; Klm Mesch in estimated amount of -~367.41 for property damage; Monte Carlo Restaurant in undetermined amount for loss of business; Brian C. Noel in undetermined amount for vehicle damage; Mary C. Oglesby in undetermined amount for personal injuries; Susan A. Walgamuth in undetermined amount for vehicle damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vicki Bechen for property damage; Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State Farm Insurance for property damage; The Shot Tower Inn for toss of business; and John Vollenweider for vehicle damage, upon motion received and filed and concurred with disposition. Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the amount $275.53 for vehicle damage; Grove Tool, Inc. in the amount of $209 for vehicle damage; Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the amount of $191.20 for property damage, upon motion approved settlement and Finance Director be directed to issue the appropriate checks. Corporation Counsel recommending denial of the property damage claim of Ross Ball; the property damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Gotto; Corporation Counsel recommending that the sewer backup claim of Dolores M. Kotz be referred to Tschiggfrie Excavating Company, upon motion received and filed and concurred with the disposition. Corporation Counsel advising that the property damage claim of Phil Meyer has been forwarded to County Attorney Fred McCaw for payment, upon motion received and filed. Citizen Communications: Communication of Peter Seitz regarding radon levels within the City; Communications of Dick Wertzberger and Walter Pregler regarding the Town Clock Plaza issue, upon motion received and filed. Plastic Center, Inc./United Rental Property: City Manager recommending approval of a Purchase Agreement with Plastic Center, Inc. for purchase of the United Rental Property, upon motion received and filed and concurred with recommendation. Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Agency Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste Agency Landfill for Fiscal Year 2002, upon motion received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Information Technology Specialist and Truck Driver, upon motion received and filed and resolved to make this a matter of record. City Manager submitting the fifth edition of the annual "River Town Rents" survey from the Housing Trust Fund Committee, upon motion received and filed, 2 Eighth Street - Acceptance: City Manager recommending acceptance of the Eighth Street Reconstruction Project in the final contract amount of 91,169,718.88, upon motion received and filed. Buol moved adoption of Resolution No. 21-01 Approving final estimate and Resolution No. 22-01 Accepting improvement; and Resolution No. 23-01 Adopting the final assessment schedule for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Robbins. Motion carried 7-0. RISE Application - Chavenelle Road Extension West from Seippel Road: City Manager recommending approval of a RISE Grant application for a new Chavenelle Road extension west from Seippel Road into the westerly 40 acres of the Dubuque Industrial Center West, upon motion received and filed. Buol moved adoption of Resolution No. 24-01 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the extension of Chavenelle Road west from Seippel Road. Seconded by Robbins. Motion carried 7-0, Excess Risk Insurance Policy: City Manager recommending approval of the Excess Risk Insurance Policy with Allianz for the City's health, prescription drug and dental insurance plans, upon motion received and filed and approved recommendation. Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease agreement with the Tri-State Modelers for a section of the former Roosevelt Park, upon motion received and filed and approved lease. Five Flags Theater Rest Room Renovation Project - Acceptance: City Manager recommending acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount of 9142,968.10, upon motion received and filed. Buot moved adoption of Resolution No. 25-01 Accepting Improvement and Resolution No. 26-01 Approving final estimate. Seconded by Robbins, Motion carried 7-0. Five Flags Center Lavatory Stations Replacement Project: City Manager recommending acceptance of the Five Flags Center Lavatory Stations Replacement Project in the final contract amount of (;38,959, upon motion received and filed. Buol moved adoption of Resolution No. 27-01 Accepting Improvement and Resolution No. 28-01 Approving Final Estimate. Seconded by Robbins. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising of the City's revised allocations for various HUD programs, upon motion received and filed. Expansion of the Bottle Bill: Communication from the Environmental Stewardship Advisory Commission supporting the continuation and expansion of the Iowa Beverage Container 3 Deposit Law, upon motion received and filed. Buol moved adoption of Resolution No. 29- 01 Supporting the expansion of the Iowa Beverage Container Deposit Law. Seconded by Robbins, Motion carried 7-0, Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that they have received the City's letter regarding hospital signing on U.S. 20 in Dubuque and offering to meet with Mayor Terry Duggan, upon motion referred to the City Manager. Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File 47 which discourages the granting of additional cable television franchises in Iowa communities, upon motion received and filed and concurred. Harbor Community Investment: City Manager recommending acceptance of the warranty deed from Harbor Community Investment, LLC, upon motion received and filed. Buol moved adoption of Resolution No, 30-01 Accepting Warranty Deed for real estate in Dubuque County, Iowa from Harbor Community Investment, LLC. Seconded by Robbins. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the Quarterly Investment Report, upon motion received and filed. Business Licenses: Buol moved adoption of Resolution No. 31-O1 Granting issuance of a Class uC" Beer/Liquor License to Town Clock Inn, Chi-Chi's Mexican Restaurant, Hammerheads Bar/Billiards, Goetz's, Best Western Dubuque Inn, Pusateri's, and Busted Lift; and Class "B" Wine Permit to EconoFoods #471 and Resolution No. 32-01 Granting issuance of a Class "C" Beer Permit to Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS INTERVIEWS for the following Boards/Commissions: BUILDING CODE BOARD OF APPEALS (2 Vacancies): Chuck Carr (General Contractor); Richard Luchsinger (At-Large). Mr. Luchsinger spoke. COMMUNITY DEVELOPMENT ADVISORY COMMISSION (4 Vacancies): James Giesen (At- Large); Charles tsenhart (Census Tract #1 ), ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Art Sunleaf. Mr. Sunleaf spoke. APPOINTMENTS to the following Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Lesiee Spraggins. Upon motion Lesiee Spraggins appointed to an unexpired three year term which will expire 10-1-03. ACTION ITEMS Dubuque Golf and Country Club - Stop Sign Change Request: City Manager recommending approval of a request from the Dubuque Golf and Country Club to reassign 4 the right-of-way to Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at Rider, upon motion received and filed. Ordinance No. 5- 01 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider Street and Bradley Street, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0, Design Review Process - Town Clock Plaza: Communication from the Historic Preservation Commission requesting that they be permitted to participate in the future design review process for improvements to the Town Clock Plaza area, upon motion received and filed and approved request to participate. Amendment to Building Code Demolition Districts: City Manager recommending an amendment to the Code of Ordinances pertaining to demolition permits, upon motion received and filed. Ordinance No. 6-01 Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4 pertaining to waiting period for demolition permits, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Loras College - Right-of-Way Construction Ordinance: City Manager recommending approval of a request from Lores College to utilize public right-of-way to install a water supply line for their geothermal system for the new Academic Resource Center, upon motion received and filed, Ordinance No. 7-01 Authorizing Loras College to construct a geothermal water service, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Hazard Mitigation Plan: City Manager recommending appointments to the Hazard Mitigation Plan Task Force Committee, upon motion received and filed and appointed Terry Duggan and Dan Nicholson. ITEMS TO BE SET FOR PUBLIC HEARING Oak Street Sanitary Sewer: City Manager submitting documents providing for construction of the Oak Street Sanitary Sewer Extension Project, upon motion received and filed. Buol moved adoption of: Resolution No. 33-01 Preliminary approval of plans and specifications for project in estimated amount of $112,344,65; Resolution No. 34-01 Fixing date of hearing on plans and specifications for March 5, 2001; Resolution No. 35-01 Preliminary 5 approval of Resolution of Necessity for project; Resolution No. 36-01 Fixing date of hearing on Resolution of Necessary for March 5, 2001 at 6:30 P.M, in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law; Resolution No. 37-01 Approving preliminary schedule of assessments; Resolution No. 38-01 Ordering bids and Resolution No, 39-01 Authorizing Eminent Domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Oak Street sanitary sewer. Seconded by Michalski. Motion carried 7-O, Allan J. Becker- Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Allan J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of Resolution No, 40-01 Approving plat of a portion of Kerper Boulevard (Lot 2A of Bradley Place). Seconded by Michalski. Motion carried 7-0. Ordinance No. 8-01 Vacating a portion of Kerper Boulevard (Lot 2A of Bradley Place), presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved finat consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Buol moved adoption of Resolution No. 41-01 of Intent to dispose of City interest in Lot 2A of Bradley Place, Dubuque, Iowa and further moved that this be set for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. Area Residential Care, Inc. - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Area Residential Care, Inc., to vacate a portion of Kerper Boulevard, upon motion received and filed, Buol moved adoption of Resolution No, 42-01 Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3). Seconded by Michalski. Motion carried 7-0. Ordinance No. 9-01 Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3), presented and read, Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski, Motion carried 7-0. Buol moved adoption of Resolution No. 43-01 of Intent to dispose of City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque, Iowa and further set this for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michatski. Motion carried 7-0. Thomas Luksetich and Steve Smith - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and Steve Smith to vacate a portion of Kerper Boulevard, upon motion received and filed. Buol moved adoption of Resolution No. 44-01 Approving plat of a portion of Kerper Boulevard (Lot lA, Block 13, River Front Subdivision No. 3). Seconded by Michalski, Motion carried 7-0. Ordinance No, 10-01 Vacating a portion of Kerper 6 Boulevard (Lot lA, Block 13, River Front Subdivision No. 3), presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Buol moved adoption of Resolution No. 45-01 of Intent to dispose of City interest in Lot lA, Block 13, River Front Subdivision No. 3, Dubuque, Iowa and further moved that this be set for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. Fiscal Year 2002 Annual Action Plan: City Manager recommending that a public hearing be set for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant Annual Action Plan, upon motion received and filed. Buol moved adoption of Resolution No. 46-01 Setting a public hearing on the Program Year 2001 (Fiscal Year 2002) Community Development Block Grant (CDBG) Budget and set this public hearing for 2/26101 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. United Rental Property / City of Dubuque - Proposed Lease: City Manager recommending that a public hearing be set for February 19, 2001, to consider a proposed lease agreement between the City and United Rentals, Inc., upon motion received and filed. Buol moved adoption of Resolution No, 47-01 of Intent to dispose of an interest in real property by lease with United Rentals, Inc. and further set this for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): City Manager recommending that a public hearing be set for Monday, March 5, 2001 to consider amending the Stout Place Urban Revitalization Plan (Iowa Inn Project), upon motion received and filed. Buol moved adoption of Resolution No. 48-01 Setting a public hearing on a proposal to amend City of Dubuque Ordinance #12-98 Establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, and that this public hearing be set for 3/5/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 7-0. At 7:07 P,M. upon motion it was resolved to Acquisition (Iowa Code Chapter 21.5(1)(j). At 7:39 P.M. Council reconvened Regular Session. go into Closed Session re: Property There being no further business, upon motion meeting adjourned at 7:40 P.M. /s/Jeanne F. Schneider City Clerk 7 CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE Name of Claimant: Address: I¢00 Telephone Number: Date of Incident: Time of Incident: PAID. 1. 2. 3. 4. 5. 6. ._ 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim, if a City employee was involved, give the employee's name. ) 8. ~at were weather conditions like? 9. ~ive n~e ~d address of ~y w~tnesses. 10. Did police investigate~ (If so, give n~es of officers.) 11. Was ~yone injured? (if so, ~ive n~e, address and extent of injuries. ) 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of d~m~ges or describe basis for ascertaining extent of damage.) 13. What other d~m~ges do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insur%a~ce~ompany and a~ount paid. } 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made a~.y claim against anyone else for damages as a result of this incident? ~ If yes, give name and address: 18. If the answer to Question 17 i~ ye~, have you received any payment from that source, and if so, in what amount? '~ v(S-i~na ture) ~ame ) Like No Other Tire Store CASH OR AUTHORIZED CREDIT CARD PURCHASE ONLY ~_]~ pAl~ r~AM ~ PM SOLD KEVIN AMENT TO 1600 MARMORA DUBUQUE, IA 52001 ST°~'~DUBUQUE TIRES PLUS 4103 MCDONALD DRIVE DUBUQUE~ IA 52002 (319)584-0341 ~2/08/01 3195565428 SEPTO !41317 PM 88,308 S[~DANCE SLOMAN 1 Cash COMPL~ERIZ~D ALI~F~NT CHECK I 0.00 0.80 *HOW IT TURNS OUT. WOULD YOU *WOULD YOU LIKE THEM BALANCED RE~_ACED VALVE STEM 1 0.00 0.00 SHOP SUPPLIES/TIRE 1 8.99 8.99 8 1.00 2.00 I hereby authorize the above repair work to be done along with the necessary materials. you and your empioyees may operate above unit for purposes of testing, inspection or delivery at my risk. An express reechoes'lien is acknowledged on above unit to secure WORK AUTHORIZED BY DATE GUEST COPY ~o~ KEVIN ~MENT ~0 1600 MARMORA DUBUQUE, IA 52001 :T°~DUBUQUE TIRES PLUS 4103 MCDONALD DRIVE DUBUQUE, lA 52008 (319)584-0341 SH~ TO SLOMAN r~AM r~PM nAM nPM 41317 PM 88,308 SUNDANCE Cash *iMPACT CAUSED THE RIM TO BE BENT SO Inv Total 34.28 WORK AUTHORIZED BY DATE GUEST COPY Date: 2/16/01 02:07 PM Estimate ID: 3488 Estimate Version: 0 Preliminary Profile ID: Mitchell Riley's Olds-Mazda-Subaru 4405 Dodge St. Dubuque, IA 52003 (3t9) 588-2326 Fax: (3t9) 588-9286 Tax ID: 42-0907277 Damage Assessed By: KEITH KNIPPER Deductible: UNKNOWN Insured: KEVIN AMENT Address: 1800 MARMORA DUBt~QUE, IA 52001 Telephone: Home Phone: (319) 556-5428 Mitchell Service: 913526 Description: Body Style: VIN: Options: 1993 Plymouth Duster 2D HB 1P3XP6432PNg05990 AUTOMATIC TRANSMISSION Drive Train: 3.0L lnj 6 Cy] 4A Line Entry Labor Item Number Type Operation Line Item Description Part Type/ Part Number Dollar Labor Amount Units 1 316280 BDY REMOVE/REPLACE 2 900500 REF ~ A~D'L ~OR OP 3 317600 MCH ALIGN 4 331080 BDY REPAIR 5 AUTO REF REFINISH 6 338400 BDY REMOVE/REPLACE 7 AUTO REF REFINISH 8 AUTO REF REFINISH 9 AUTO REF REFINISH 10 345670 REF REFINISH 11 345870 BDY REPAIR 12 933001 REF ADD3. OPR 13 AUTO REF ADD'L OPR 14 933003 REF ADD'L OPR 15 AUTO ADD'L COST 16 AUTO ADD'L COST WHEEL .~.ET~LFLAKE COLOR FOUR WHEEL -M R FRT DOOR SHELL R FRT DOOR OUTSIDE R QUARTER OUTER PANEL R QUARTER PANEL OUTSIDE R QUARTER PANEL EDGE R LOCK PILLAR REAR BUMPER COVER REAR BUMPER COVER ADDL CLEAR COAT CLEAR COAT TINT COLOR PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc 4284991 E~ist~ng Existing 4548106 Existing 118.00 0.3 2.0* 1,9 4,0* # C 2.6 557.00 15.0 # C 2.0 C 0.5 C 0.5 C 2.3 1.5* 4.0* 2.1 450,00 * 9.00 * ESTIMATE RECALL NUMBER: 2/16/01 13:58:37 3488 UltraMate is a Trademark of Mitchell Intemstional Mitche8 Data Version: FEB_01_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4.6.004 AIl Rights Reserved Page I of 2 I. Labor Subtotals Units Rate Body 20~ 40.00 Refin~h 18.0 40.00 Mechanical 1.9 40.00 Labor Summary IlL Additional Costs Taxable Costs Add'l Labor Sublet Amount Amount Totals 0.00 0.00 832.00 T 0.00 0.00 720.00 T 0.00 0.00 76.00 T Taxable Labor 1,628.00 LaborTax ~ 6.000 % 97.68 40.7 1,725.68 Sales Tax Non-Taxable Costs Total Additional Costs Date: 2/16/01 02:07 PM Estimate ID: 3489 Estimate Version: 0 Pmliminary Profile ID: Mitchell IL Part Replacement Summary Taxable Parts Sales Tax Total Replacement Parts Amount Amount IV. Adjustments 9.00 Customer Responsibility 9.000% 0.84 450.00 459.54 I. Total Labor: I1. Total Replacement Parts: Ill. Total Additional Costs: IV. Total Adjustments: Net Total: This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual repair. "I HEREBY AUTHORIZE THE REPAIR WOP/f HEREIN SET FORTH TO BE DONE (INCLUDING PARTS AND MATERIALS) AND AGREE TO MAKE PAYMENT THEREFORE IN CASH, UNLESS IT IS OTHERWISE AGREED AND SO SET FORTH IN THIS ORDER. I UNDERSTAND THAT AS A MATTER OF IOWA LAW YOU MAY RETAIN POSSESSION OF THE VEHICLE UNTIL SUCH CASH PAYMENT IS MADE. YOU ARE NOT RESPONSIBLE FOR ANY DELAYS CAUSED BY UNAVAILAB!LTY OF PARTS OR DELAYS IN PARTS SHIPMENTS NOR FOR LOSS OR DAMAGE TO VEHICLE IN CASE OF FIRE, THEFT OR ANY OTHER CAUSE BEYOND YOUR CONTROL". x 6.000% Gross Total: Amount 675.00 40.00 715.80 Amount 0.00 1,725.68 715.60 459.54 2,900.72 0.00 2,900.72 ESTIMATE RECALL NUMBER: 2/16/01 13:58:37 3488 UitraMate is a Trademark of Mitchell International Mitchell Data Version: FEB_01_A Copyright lC) t994 - 2000 Mitchell International UltraMate Version: 4.6.004 All Rights Reserved Page 2 of 2 CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. Tn~ FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: ~ ~olf,{I Ti e of Incident: 7:a 6. Location of incident. (Be specific) 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) 8. What were weather conditions like? ~. Give name and address of any witnesses. /~r,..~,( ~¢~_~,. 10. Did police investigate? (If so, give names of officers~) 11. Was anyone injured? (If so, give na~e, address ~-ad 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. ~at other d~es do you claim, if any? 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. What amount do you claim from the City of Dubuque? 70o. 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against anyone else for da~a~es as a result of this incident? hO If yes, give n~une and address: 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa, this i7 day of 2001. li(, tnt Name)~ Date: 2/12/01 12:fi2 PM Estimate ID: 1423 0 Preliminary Profile ID: Uitchell Hanley Auto Body Inc. 1030 Century Circle Dubuque, LO, 52002 (319) 583-7220 Fax: (319) 583-8355 Damage Assessed By: Robert Hanley Deductible: UNKNOWN Owner Ryan Foley Address: 5521 Fond Du Lac Telephone: Home Phone: (319) 582-2185 Mitchell Service; 910471 Description: 1987 Chevratat Cavalier CS Body Style: 4D Sed Drive Train: 2.0L inj 4 Cyl 4M Line EUt~y Labor Item N~ Type Operation Line item Description Part Type/ Dollar Labor Part Nun'd~er Amount Units I 900500 BDY* REPAIR COST TO REPAIR EXCEEDS VALUE Existing 0.0* * - Judgement item L Labor Subtotals Units Labor Summary 0.0 IlL Additional Costs Total Additional Costs Add~ Labor Sublet Rate Amount Amount Totals II. Part Replacement Summary 0.00 Amount 0.00 Total Replacement Parts Amount Adjustments Customer Responsibility I. Total Labor: 0. Total Replacement Parts: III. Total Additional Costs: Gross Total: Amount 0.00 Amount 0.O0 0.00 0.00 0.00 0.00 IV. Total Adjustments: Net Total: This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual repair. 0.00 0,00 ESTIMATE RECALL NUMBER: 2/12/01 12:51:09 1423 UltraMate is a Trademark of Mit=bell International Mitchell Data Version: FEB_01_A Copyright (C) 1994 - 2000 Mitchell International UfiraMate Version: 4.6.004 AIl Rights Reserved Page I of I CITY OF DUBUQUE, IOWA MEMORANDUM February 21, 2001 TO: Jeanne Schneider Mike Koch Juanita Hilkin Bob Schiesl FROM: SUBJECT: Randy Peck Personnel Manager Heart Saver CPR and Difibrilation Training This is a reminder that training for Heart Saver CPR and Difibrilation will be held at 8:30 a.m. on February 27, 2001 in the training room of the Fire Department Headquarters. If you have any questions, please feel free to call. Oub~que, Iowa. You should complete this form in full a~d attach aI%y nd.dition.~t information tha~ sut~ports your claim. Th~} C].~i~ mu~:t be filed with tke City Clerk mt City }{all, 50 iqe~'~t lSth Street, Dubuque, Iowa 52001-48~4. IB will then be referre~t by th~ City Counell to the appropriate D~partment for r'e. cox~.~ex~dat!on ~ill be s~mitted to the City Co--mil. You will be !)r~vid. e~l wttk a uopy of that report a~d reco~endation. THE FINAL DYoC].~. ION Of{ ALL CLAI~fS IS MADE BY T~E CITY COUNCIL. OF ~S T~E ~PL~li~ Ol "file C~TY DULUQUE A~HORITY TO ~E ~ NOT BE -~, [)ate of Incident: (B,:~ speoific)__~A/ Loca't:t6z~ of incident. 7. D'~ISCR~'~M ACCI'DE~ OR OCC~RE~ICE T~T ~USED IN~Y OR D~GE. ,(GI.V~ f'ull d~tails upo~ which you base your ~lafm. If ~ City 8. V, hnt wey:'~ wear.her conditions like? .................... 10. Did 'police investigate? (If s,o, give names of officers.) ................................. ......... _J.V_ ~au a~yo~-e ix~jured.? (If ~:o, qiVe n~e, address ~ extent of 12. any da~m%ge done to property? (If so, deserlbe property ~0 13. Wb,a.t other damages do yo~ claim, if any? H.:lve yo%~ beerl compensated -~or any part or all o~ your olalm by 15. tghr3, t a~.!ount do yol! claim fro~ t~e City of Dubuque? .................... ~_~_ 4,~_.~,,, . A~- ~ ~ ~ ~ ~/,~ ~- -- .. y do yo~,~ claim ~k~ City of Du~u~e is responsible? you mad~ ~ny claim ~ ga~.n~t anyon~ elsm for d~'~nge,~ as a ref,u~lt of this incident? .A!0 I.E t:l~e answer to Questio~ 17 is, yes, h,%ve you reoeived any 2 O_o.J ...... (Signature) CLAIM AGAINST THE CITY OF 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 recoa~Lendation. THE FINAL DECISION ON ALL CLAIMS IS ~E BY THE CITY COUN~CIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE ADT~ORITY TO MAKE ANY REPRESENTATION TO YOU AS TOWHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 7. DESCRIBE-AccID~OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon:which you baeeyour claim. If a City employee was involved, give the employee's name.) at were weather conditions llk.?~ 9. 9ire name -,~ address of any 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give name, address and extent of injuries.) 12. Was any d~mage 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 d~ges do you claim, if any?~ any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque?~'~ - . .~ .... ~.~ 'j ~6. ~y do yo. ~la= the c~ty o, ~~s r..pon,~b~'e?. ~ If yes, give name and address: 18. .If the answer to Question 17 is yes, ha~e you ~eceived any Dated at Dubuque, Iowa, this ~ ~ day of , 20 o/ . Vi 'enbnqnc, (~!~. u~e) ( Pi'~.nt ~ame) I This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department ~for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and reconunendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO W~TkI~R YOUR CLAIM WILL OR WILL NOT BE PAID. 3. Telephone Number: ~/~ 5. Time of Incident: Locatio~ Of incident. (Be specific)- DESCRIBE ACCIDENT OR OCCURRENCE THAT cAusED INJURY OR DAMAGE. (~ive full details upon. which you base your claim. If a City employee was involved, give the.employee's name.) 8. What were weather conditions like? 7~r~ 9. Gzve name and address of any witnesses. (If so, give names of officers.) 10. Did police investigate? /,,-'o 11. Was anyone injured? (If so, give name, address and extent of injuries.) 12. Was any d~ge done to property? (If so, describe property and the extent of damage. Attach estimates o~ damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any i~ran~e ¢~pany? (~ ~o, give name and address of insurance co~ml~any and amount paid.) 15. What ~mount do you claim from the City Of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you madel any claim against anyone else for damages as a result of ~thia incident? ~ If yes, give name and address: 18. If the answer tO Question 17.is_ye~ ~a~e you received any -payment f~ that source, and if so, in what amount? Dated at Dubuque,- Iowa, this ~ day of (Revised january, 2000) (Signature) (Print Na~e) FED ID ~42-0813744 Data: 2/22/0t 11:10AM Eetimata ID: 4308 Estimate Version: 0 Praliminary Profile ID: Mitchell RICHARDSON MOTORS 1475 J.F.K. ROAD DUBUQUE, IA 52002 (319) 582-54tl Fax: (319) 582-4129 Damage Assessed By: AL COGHLAN Deductible: UNKNOWN Ovmer BILL MEYER Address: 1185WOOD ST DUBUQUE, lA 52001 Telephone: Home Phone: (3t9) 582-3734 Description: 1992 Buick Century Special Body Style: 4D Bed VIN: t G4AGS4N4N6432125 Drive Train: 3.3L Inj 6 Cyl A Une Entry Labor Line Item Item Number Type Operation Description I 332338 BDY REMOVE/REPLACE L FRT DOOR REAR VIEW MIRROR 2 332430 BDY REMOVE/REPLACE L FRT DOOR PLATE GASKET * - Judgement Item # - Labor Note Applies Part Type/ Dollar Labor Part Number Amount Units ORDER FROM DEALER 67.75 0.5'# 10226717 GM PART 8.75 I. Labor Subtotais Body Labor Summery Add'l Labor Sublet Units Rate Amount Amount Totals 0.5 40.00 0.00 0.00 20.00 T Taxable Labor 20.00 Labor Tax ~ 6.000 % 1.20 0.5 21.20 II. Part Replacement Summary Taxable Parts Bales Tax ~ Total Replacement Parts Amount Amount 76.50 6.000% 4.89 81.99 IlL Addittcna! Costs Total Additional Costs Amount IV. Adjustments 0.00 Customer Responsibility 0.00 I. Total Labor:. II. Total Replacement Parts: III. Total Additional Costs: Gross Total: 21.20 8t.09 O.O0 102.29 ESTIMATE RECALL NUMBER: 2/23/01 11:05:55 4308 UltraMate is a Trademark of Mitchell Intamatlonat Mitchell Data Vemlon: FEB_0t_A Copyright (C) 1994 ~ 2000 Mitchell International UltraMata Vemion: 4.6.004 All Rights Reserved Page I of 2 Date: 2/23/0t tt:10 AM Estimate ID: 4308 Estimate VerSion: 0 Preliminary Profile ID: Mitchell IV. Total Adjustments: 0.00 Net Total: 107-29 This is a I)reliminary estimate. Additional changes to the estimate, may be required for the actual repair. ESTIMATE RECALL NUMBER: ~J23101'tl:05:55 4308 UltreMate is a Trademark of Mitchell International Mitchell Data Version: FEB_01_A Copyright (C) t994 - 2000 Mitchell Internat~ional UltmMate Version: 4.6.004 All Rights Reserved Page 2 of CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Nme of Claimant: 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: 6. Location of incident. (Be specific) ./..~) .~k~_~ 7. DESCRIBE ACCIDE~ OR OCC~ENCE T~T ~USED IN~Y OR D~E. (Give full details upon which you base your cla~. if a City ~loyee was involved, ~ive the ~ployee's n~e.) 8. ~at were weather conditions like? ~J~ 9. Give n~e and address of ~y witnesses. 10. Did police investigate? (If so, give names of officers.)' 11. Was anyone injured? (If so, give name, address and extent of injuries.) 12. Was any d,~ge done to property? (If so, describe property and the extent of damage. Attach estimates of daauages or describe basis for ascertaining extent of damage.) 13. 14. What other d~mages do you claim, if any? 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. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against anyone else for damages as a result of this incident? ~/~ If yes, give name and address: 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa, this day of (Signature} (Print Name) 02/19/2001 at 06:46 PM 30799 Dob Number: BRIMEYER AUTO BODY [icense #:30799 Federal ID #:421438480 10727 3OHN F. KENNEDY RD DUBUQUE, IA 52001 (319)583-4456 Fax: (319)583-1838 PRELIMINARY ESTIF~TE Written by: ERIC WINCH # Adjuster: Insured: DICK MICH'[ELS Owner: DICK MIC~LS Address: 25312 CORNERSTONE SHERRILL, IA 52001 Day: (319)552-2803 Businass: (319)582-2297 Claim# Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: 10. Inspect Location: Left Front Pil Insurance Company: Days to Repair 1989 CADI DEVILLE 8-4.SL-FI 4D SED SIL/GREY Iht: VIN: 1G6CDL150K4361378 Lic: Prod Date: Air Conditioning Telescopic wheel climate Control Bumper Guards Power Steering Power Locks Power Mirrors Ti,lt wheel Intermittent wipers Tinted Glass Dual Mirrors Power Brakes Power Driver Seat Power Trunk Odometer: Cruise Control Auto Level Body Side Moldings clear Coat Paint Power Windows Power Antenna split Bench Seats NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 FRONT DOOR 2* Repl LT Mirror electric w/heat 1 231.00 0.4 0.5 3 Add for Clear Coat 0.1 4* R&I LT Trim panel 0.3 Subtotals ::> 231.00 0.7 0.6 02/19/2001 at 06:46 PM ]ob Number: 30799 PRELIMINARY ESTIMATE 1989 CADI DEVILLE 8-4.SL-FI 4D SED SIL/GREY Int: Parts 231.00 Body Labor 0.7 hrs ~ $ 40.00/hr 28.00 Paint Labor 0.6 hrs ~ $ 40.00/hr 24,00 Paint supplies 0.6 hrs ~ $ 25.00/hr 15,00 SUBTOTAL $ 298.00 Sales Tax $ 283.00 @ 6,0000% 16.98 GRAND TO~L $ 314.98 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 314.98 Estimate based on MOTOR CRASH ESTI~TING GUIDE. Unless otherwise noted all items are derived from the Guide DE1RAaS Database Date 10/2000 and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer, Asterisk (~) or Double Asterisk (~) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Non-original Equipment Manufacturer aftermarket parts are described as A~ or Qual Repl Parts. Used parts are described as LKQ, qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual. entries. Pathways - A product of CCC Information'Services Inc, 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 recomunendation will be submittedto the City Council. You wilt 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. Jgr/ .c incident.. (Be specific) 6. Location of Name of Claimant: Address: 7 / / Telephone Date of Incident: Time of Incident: 7. DESCRIBE ACCIDENT OR OCcuFd~ENCE THAT CAUSED INJURY OR DAMAGE. (Give full de'tails up-~n which you base your claim. If a City employee was involVed, give the employee's name. ) 8. What were weather conditions like? ~w~ ~ ~ /~0 ~ d/~ Give name and address of any witnesses. · ' /~.--'~.~... 11. WaS anyone injured? (If so, give n~m~, address and extent injuries.) lC i6 ~ ~- ~3~ 10 12. Was any da~ge done to property? (If so, describe property and the extent of d~unage. Attach estimates of dan~ages or describe basis for ascertaining extent of damage.) 13. 14. What other damages do you claim, if any? Have you hem compensated for any part or all of yo claim by any insurance co, any? (If so, give name a~d address of insurance c°mPa~y and amount paid.) 15. What ~ount do you claim from the City of Dubuque? 16. Why do you ~laim the City of Dubuque is responsible? 17. Haveyoumade ally claim against anyone else for d~n~ages as a result of this incident? ~-O If yes, give name and address: 18. If the answer to Question 17 is yes, have You received any payment from that soumce, and if so, in what amount? Dated at Dubuque, Iowa, this 2001. day of (Revised January, 2000) ( S z~na-ture-} (Print N~me) BARRY A. LINDAHL, CORPORATION COUNSEL MEMO To: Re: Mayor Terrance M. Duggan and members of the City Council Claim of Robert Carl Hood, Jr. February 22, 2001 Claimant -Date of Claim Date of Loss Nature of Claim Robert C, Hood, Jr. 2/7/01 1/8/00 personal injuries This is a claim for damages for personal injuries the claimant suffered when he fell on an icy sidewalk in the 900 block of Main Street. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool.. BAL/cg cc - Mr. Mike Koch cc - Mr. Robert C. Hood, Jr. 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 585-4115 FAX 319 583-1040 c-mail balcsq~mwci.net BARRY A. LINDAHL, SQl. CO KPOKATION COUNSEl MEMO To: Dato: t~.~: Mayor Terrance M. Duggan and members of the City Council ~ebruary 13, 2001 Claim of Mackenzie Kylmanen Claimant Date of Claim Date of Loss Nature of Claim Mackenzie Kylmanen 1/25/01 1/i5/01 personal injuries This is a claim for damages for personal injuries the claimant suffered when she fell exiting a City bus. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa. Communities Assurance ~ool. cc - Mr. Mark Munson cc - Ms. Mackenzie Kylmanen 196 CYCARE PLAZA DUBUQUE IOWA 52001 TELE 319 583-4115 PAX 319 583-1040 e-ra~iI bilesq(~mwci.nct BARRY A. LINDAHL~ CORPORATION COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Re: Claim of Gene A. Kramer February 22, 2001 Claimant Date of Claim' Date of Loss Nature of Claim' Gene A. Kramer 2/6/01 12/30/00 vehicle damage This is a claim for damages to the claimant's vehicle, which. it sustained when the claimant's girlfriend, the driver, pulled into an intersection because she could not see due to a large pile of snow and was struck by another vehicle. This claim has been referred to Public Entity RiskServices of Iowa, the agent for the Iowa Com~mities Assurance Pool. BAL/cg cc - Mr. cc - Mr. cc - Mr. Don Vogt John Klostermann Gene A. Kramer 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 583-4113 FAX 519 585-1040 e-mail balesq~mwci.rtet BARRY ~OKPOI~ATION COUNSEL~ MEMO Claimant Kelly Larson Mayor Terrance M. Duggan and members of the City Council' February 13, 2001 Claim of' Kelly Larson Date of Claim Date of Lose 1/18/01 12/.14/00 Nature of Claim vehicle damage This is a claim for damages to the claimant's parked vehicle, which was damaged by ice falling from the roof of City Hall. This ciaim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa .Communities Assurance.P~ol. BAL/cg cc - Mr. cc - Me. Rich Russell Kelly Larson 196 CYCAR£ PLAZA DUBUQUE IOVIA 52001 T£LE 319 55:5-411:5 PAX :519 583-I040 e-s~l b~lesq~mwci.net BARRY A. LINDAHL, ~Q- COI?Ot~ATION MEMO To: Date: Mayor Terrance M. Duggan and m~m~ers of the City Council' F~bruary 13, 2001 Claim of Lois. Link Cla4~t Lois Link Date of Claim Date of Loss Nature of Claim 12/7/00 9/17/00 personal injury Thi~ i~ a claim for damages for personal injuries suffered by the claimant in a fall on the sidewalk .at 997 Mt. Lo~etta. · This claim has been referred to Public Entity Risk Services of .Iowa,' the agent for the Iowa Co~n~nities Assurance Pool. BAL/cg cc - Mr. Mike Koch cc - Michael Coyle, Esq. TgL/~ 319 553-4t 13 FAX 319 583-I040 e-m~iI balesq~m~cl.aet BAKEY A. LINI~AHL S~Q. ~OKPOKATION C 0 U N $.t~L MEMO To-' Mayor Terrance M. Duggan and members of the City Council' February 13, 2001 Claim of Kim Mesch Claimant Date of Claim Date of'Loss Nature of Claim Kim Mesch 1/29/0l - 1/25/0l vehicle damage This is a claim for damages to the claimant's parked car, which it sustained when it was hit by a City refuse truck on Emmett Street. This claim has been referred to Public Entity Ris~ Services of Iowai the agent for the Iowa Communities Assurance Pool. BaL/cg cc - Mr. Don Vogt cc - Mr. Paul Schultz cc - Ms. Klm Mesch __O c-ra~i! b~tesq~mvci.'net BARleY ~. LINDAHL~ MEMO Date: Mayor Terrance M. Duggan and members of the City Council February 13, 2001 Monte Carlo Rgstaurant Claim Cla{m~t Date of Claim Date of Los~ Nature of claim Monte Carlo. Restaurant 1/29/01 i/'iT/O1 loss of business This is a claim for d~m~ges for loss of business income and inventory which the restaurant is sustaining because of not being able to use the back portion of its structure due to severe cracking, of. the walls. This claim has been referred to Public Entity Bilk Services of Iowa; the agent for the Iowa Communities Assurance Pool. BAL/cg cc - cc - Mr~ Cindy Steinhauser Larry V. Gee 196 CYCAR£ PLAZA DUP, UQ~;E IOWA 52001 e-mall b~lesq~mvci.nct BARRY A. LINDAHL~ ~$~Q. CORPORATION COUNSEL MEMO To: Mayor Terrs/~ce M. Duggan and members of the City Council Clalm of William A. Moore February 22, 2001 William A. Moore Date of Claim Date of Loss Nature of Claim' 2/i4/01 2/07/01 vehicle damage This is a claim for damages to the claimant's parked vehicle, which it sustained when a City salt truck slid into it. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Co~ununities Assurance Pool. BAL/cg cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. William A. Moore 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 585-4113 FAX 319 583-1040 c-mail balesq~mwci.net BARRY A. I. INDAHL~ CORPORATION COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Claim of Nona · February 22, 2001 Cla{m-~t. Date of Cle{m Date of Loss Nature of Nona Nigg 2/12/01 2/08/01 vehicle damage This is a claim for damages to the claimant's parked car, which it sustained when it was hit by a City salt truck. This claim has been referred to Public Entity Risk'Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Ms. Nona Nigg 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 583-4113 FAX 519 585-1040 e-mail balesq~mwci.net BARRY CO KPOKATION COUNSEL~ MEMO Mayor Terr&nce M. Dugga~ and members of the City Council February 13, 2001 Brian C. Noel. Claim Claimant Date of Claim Date of Loss Nature of claim Brian C. Noel 1/31/01 1/23/01 vehicle damage This is a claim for damages to the claimant's dar, which was rear-ended by a Dubuque police car at the intersection of University Avenue and Alpine Street. This ciaim has been. referred to Public Entity Risk Services of Iowa, the agent for the Iowa.Cou=aunities Assurance-P~ol. BAL/cg cc - Chief Kim Wadding cc - Mr. Brian C. Noel 196 C¥CAI~ PLAZA DUBUQUe' IOV/A 52001 T~L~ 319 55~-41t5 FAX 319 583-1040 e-mail b~lesq~m~.ci.net BARRY A. LINI~AHL~ ~6~- ~OF. POI~ATION COUN$~L~ MEMO To~ Date: I~: Mayor Terrance M. Duggan and members of the City Council' February 13, 2001 Claim of Mary..C. Oglesby Claimant Date of Claim Date of Loss Nature of Claim Mary C. Oglesby 1/18/01. 1/13/01 personal injury This is a' claim for damages for personal injuries and lost wages the claimant sustained because of a fall on an icy street. Thi~ c~aim.has been .referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance-P~ol. ~i~/cg cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Ms. Mary C. Oglesby e-malI b~lesq~mvci.~et BARRY A. LINDAHL~ CORPORATION COUNSEL MEMO To: Re: Mayor Terrance M. Duggan and members of the City Council Claim of Karla K. Schrsur~ February 22, 2001 Claimant Date of Claim Date of Loss Nature of Claim Karla K. Schramm 2/05/01 1/30/01 vehicle damage This is a claim for damages to'the claimant's vehicle, which it sustained when a city truck backed into it at 2300 Elm Street. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. cc - Ms. Don Vogt Karla K. Schramm 196 DUBUQUE ]~UILDING DUBUQUE IOWA 52001 TELB 319 583-4113 FAX 3i9 583=1040 e-mai! balesq~mwci.net BARRY A. LINDAHL~ ~S~Q. CORPORATION COU N SE% MEMO To: Mayor Terra.ce M. Duggan and members of the City Council Subrogation Claim of State Farm Insurance · February 22, 2001 Cla~m~-t Date of Claim Date of Loss Nature of Claim State Farm Insurance Companies for Timothy Grass 2/9/01 ll/1/00 Vehicle damage This is a Subrogation claim for reimbursement of damages paid to the claimant's insured (Timothy Grass) for damages his vehicle · sustained when it hit a pot hole on West Fifth Street that had been caused by a water main break. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. Bob Green cc - Kelly Abbot, State Farm Insurance (D 196 DUBUQUE BUILDING DUBU .QUE IO~TA 52001 TELR 319 $83-4113 FAX 519 58~-1040 c-mail balcsq~mwci.nct BARRY A. LINI~AHL~ COK?OKATI ON COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council' February 13,. 2001 Claim of' Susan A. Walgamuth Claimant Dat~ of Claim Date of Loss Nature of Claim Susan A. Walgamuth 1/16/01 1/05/01 vehicle damage This is a claim for damages to the claimant'S parked car, which it sustained when it was struck by a City bus. This c%aim has'been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pgol. BAL/cg cc - Mr. Mark Munson cc - Ms. Susan A. Walgamuth c> c~ e-mall bilcsq~mvci.net ]~ARRY A. LINDAIiL, ~'I3M- MEMO Mayor Terrance M~ Duggan and members of the City Council ~e~ruary 13, 2001 Claim of Linda L. Sanford Claimant Date of Claim Date of' Loss Nature of Claim Linda L. Sa~ford 2/6/01 . 2/2/02 vehicle damage This is a claim for damages to the claimant's vehicle, which it sustained when the gate at the Locust Street Parking Ramp malfunctioned and oame down on it, breaking off the radio antenna. According to the report 9f Cindy S~einhauser, Pa~king Systems Manager, .this claim is correct as filed and she recommends that it be approved. ~t is the reco=unendati0n of'the Legal Departm.ent that 'this claim, in the amount of, $174.85, 'be paid by the' Finance Director and submitted to ICAP for reimbursement. BAL/cg Attackunent cc - Ms. Cindy Steinhauser cc - Ms. Linda L. Sanford 196 cYcAR£ PLAZA DU~,UQV~g IO~'A 5'~00t TgLI~ :519 555-41 ~S WAX :~19 553-1040 e-mall b~le$cl~m~'c{-act CITY OF DUBUQUE, IOWA MEMORANDUM Februmy9,2001 To: Carol ~ Oulick, Legal Depoxtment From: Cindy Steinhauser, Parking System Supeawisor (~ Re: Claim ofLinda Sandord Introduction This memorandum is in response to the vehicular damage claim brought on by Linda Sanfor& Disenssio~ According to our records, on February 2, 2001 at 6:54 mm. Ms. Sanford entered the Locust Street parking ramp using the Locust Street entrance. According to her statement upon enteaqng the ramp, the gate arm came down on here vehicle causing damage. The maintenance department was contacted immediately and at 7:15 a.m. a roll pin in the gate was observed as worn and subsequently was replac~l. Recommend Based upon the above information I believe that the damage to M~ Sanford's vehicle was the result of a malfunction in the equipment and recommend that Ms. Sanford be reimbtwsed for damages. BARRY A. LINDAHL~ ESQ. COKPOKATION COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Claim of Cindy ~anten February 23, 2001 Claimant Cindy ~anten Date of Claim Date of Loss Nature of Claim 2/13/01 January-01 property damage This is a claim for damages to the claimant's garbage can, which it sustained because of being throw~ on the sidewalk by a City crew. According to the report of Mr. Paul Schultz, Solid Waste Supervisor, this claim is correct as filed. It is therefore the recommendation of the Legal Department that the claim, in the amount of $10, be paid by the Finance Director and submitted to ICAP for reimbursement. cc - Mr. Don Vogt cc - Mr. Paul Schultz cc - Ms. Cindy Hanten 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 519 583-4t15 FAX 5i9 583-1040 c-mail balcs q~rawcl.nct BARRY fi-- LINDAHL, COKPOI~ATION COUNSEL MEMO Re: Mayor Terrance M. Duggan and members of the City Council Claim of Kathleen M. Kane February 22, 2001 Claimant Kathleen M. Kane Date of Claim Date of Loss Nature of Claim 1/31/01 12/24/00 tire damage This is a claim for damages to 'the claimant's tire, which it sustained when it hit a snow-covered pot hole on .Southway Drive. Under Iowa law, a city is not the insurer of the condition of its streets, and is only liable if it is negligent. The City's duty is to exercise reasonable care to keep its streets free from defects. Before a city is liable for damage caused by a street defect, the city must have had actual knowledge or constructive notice' of the defect, with sufficient time to have repaired it prior to the incident causing damage. Actual knowledge occurs when the city is ac~ual!y aware of the defect; constructive notice occurs when the defect has existed for such a period of time that a reasonable person would have discovered it. BAL/cg/Enclosures cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. Robert Green cc - Ms. Kathleen Kane This claim was reviewed by both the Street Department and the Water Department and their records indicate that the Cit~ha~lDno prior knowledge of the pot hole before the accident oc~d.~ It. ms th, erefore t, he reco~m~endatmo= of the Legal ~mrt~t~ c-mail balcsq~mwci,net Operation~ & Maintenance Department 925 Kerper BlvcL Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 February 6, 2001 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Ms. Kathleen Kane. On December 24, 2000, Ms. Kane claims she hit a deep pothole on Southway Drive and damaged her tire. We have no record of any reported pothole at that location. Our records do show that we notified the Water Department on November 21, 2000 of water running in the street due to a possible water break at that intersection. It is therefore my recommendation that you forward this claim to the Water Department for the condition of this street and their recommendation concerning this claim. If you need any additional information conceming this claim, please contact men SinCerely, ~. John Klostermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork Ut~ities Depa~ment 1902 Hawthorne Street Dubuque, 'Iowa 520ff1-1416 Phone (319) 5894.291 FAX (319) 5892.297 February l3,2001 Barry A. Lindahl. ESQ. Corporation Counsel 196 Dubuque Building 700 Locust Street Dubuque IA 52001 RE: Claim ofKathleen M. Kane In review of our records, I fred that we had a water main break at 2285 South Way Drive on December 12, 2000. this leak and.properly back filled and repaired_ the street to winter Depattment repaired conditions. Department records show that we have no correspOndence or request to perform additional It is Sta~s position that the pothole:located on South Way associated with the incident was not created by the water main break. For this reason Water Depadment Staffand I respectfully recommend that this claim be denied. Should you have any further questions on this please call me at 4291: · Water Department Mauager cc: File Service People Integrity Responsibility Innovation Teamwork G UDENKA UF CONSTRUCTION DUBUQUE, IOWA 52003 (319)582-4446 To Dubuque Mayor Terry Duggun and city Council: I, Robert Cartmill, 505 Napier St., am interested in buying Mechanics Lot 138 on Napier Street. The purpose of this purchase is to enlarge my property and build a garage. The Lot Mechanics 138 that I have discussed with you, City Engineer and City Finance officer, is for approximately $300.00. There is also a problem adjacent to this lot which is the retaining wall which runs between the property on Napier and Kaufflnan. This wall had been hack-washed by a storm sewer on Mechanics Lot 139. I feel that this problem should be looked into. Iii should purchase this lot, I would require that the city maintain and/or repair this walk if needed. In return I would improve Lot 138 and maintain it which would bring in tax revenue to the city. I hope we will be able to discuss this matter and come to an agreement. Respectfully, Robert Cartmill 505 Napier St. Dubuque, IA 52001 (319)-588-2579 2560 Carter Road Dubuque,]PI 5200 1-29c37 Phone: 319-588-2008 · Fax: 319-588-4463 February 2, 2001 Jeanne F. Schneider City Clerk/City of Dubuque City Hall 50 West 13th Street Dubuque IA 52001 Dear Ms. Schneider: I wish to inform you that I will not be reapplying for a position on the Community Economic Development Commission. It has been a pleasure to serve on the Commission but due to other commitments I will not be available for continued membership. I appreciate the work oftbe Commission and that of the staffofthe Community Development Office. Sincerely, O=I/ Febmary9,2001 IOWA D E PA P. TM E N T OF ECONOMIC DEVELOPMENT l~aeHonorable Te~ance Duggan Mayor, CityofDubuque CityHall- 1305 Cen~alAvenue Dubuque, IA 52001 SUBXECT: Master Contract Number 99-HM-135 Funding A~'eement Number 99-HM-135-21 Amendment Nnmber 1 -- Amendment Effective Date February 9, 2001 Dear Mayor Duggam The Iowa Depa~nent of Economic Development (fi)ED) hereby emends the above referenced HOME Investment Partnership Program Master Contract and Funding Agreement by revising the completion date and extending the perfunrmnce period to August 31, 2001. Therefore, said Master Contragt and Funding Agreement by and between the Iowa Department of Economic Development ("Depa/'tment or fi)ED") and the City of DubUque ("Recipient") is amended as of the date stated above as follows: Amend ~ach Article in the Master Contract and Funding Agreement that refers to "Exhibit A" to "Exhibit A, as amended." The following amendments will be made to the Funding Agreement: Amend Article 1.1 TIME OF PERFORMANCE. by revising the completion date and extending the performance period to August 31, 2001. Amend Article3.1 DOCUMENTS INCORPORATED BY REFERENCE. by changing the Funding Agreement Exhibit A Program Schedule date to August 3 i, 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. Sincerely, Project Manager Attachment cc: Joleen Patterson. Housing Services Division. City of Dubuque Dennis Brehm_ II)ED Fiscal Toni Casber. fi)ED File fAC) THOMAS I. VILSACK. GOVERNOR SALLY I. PEDERSON. LT. GOVERNOR C. J. Nilez, Dkector °200 East GrandAvenue * Des Molnes, Iowa 50309-1827 ° 515.242.4700 ° Fax: 515.242.4809 info@ideal.state.ia.us · TT55 1.800.735.2942 ° ww~sLate.ia, uslided IOWA ItOME PROGRAM NAME OF RECIPIENT: City of Dubuque AGREEMENT#: 99-HM-135-21 IOWA HOME PROGRAM SCHEDULE EXHIBIT A ACTIVITY #20: KEHAB FOR RENTAL <$15,000 Activity will provide low-interest loans for rental rebabilitafion to owners of rental proper~ located in Dubuque census tracts nos. 1,2, 5, 6, 7.01, 7.02. ACTIVITY #20: KEHAB FOR RENTAL <$15,000 Rehabilitation of twenty (20) rental units. ACTIWWIY SOlfRCE OF FUNDS ~CTIVITY #20: ~ENTAL REI~AB "$I5,000 kCTWITY #90: AM]NISTRATION OTHER PROJECT FUNDS FEDERAL STATE FUtYDS FUNDS ::::::::::::::::::::::::::::::::::::::::::::::::::::: August 3I, 2001 TOTAL PROJECT BUDGET ~State - HOME ! City o f Dubuque Owners contribution ;tate- HOME TOTAL ALL FUNDS $50,000 $300,000 $350,000 $200,000 $20,000 $220,000 $01 $200,000 $50,000 $300,000 $20,000 $570,000i Five (5) years ELIGIBLE HOME MATCH FUNDS $50,000 $50,000 g:\proj ects\bctkrecipient skhomekHomeExhibitA.xls 1998 February 13, 2001 Honorable Mayor Terry Duggan & the Dubuque City Council Dubuque, IA 52003 Ladles & Gentlemen: Thank you for your support during the last City Council meet'rog. We appreciate your approval of our request to reassign the stop signs at Bradley & Rider Streets and the additional sign at Perry and Rider Streets. The signs were changed early this morning and have akeady made an knpact on the area, especially with our own staff. We feel these changes will go a long way in preventing accidents in the area, especially those involving the neighborhood c2fildren. Thank yon again for your support. General Manager Civ..- Manager's Office 50 West 13th Stx~et Dubuque, Iowa 520014_q64 (319) 39-4110 (359) 58M149 FAX February l5,2001 VIA E-MAIL AND 1sr CLASS MAIL nlike_connolly@.legis.state.ia.us The Honorable Mike Connolly Senate Chamber Ioxva Capitol Btfilding Des Moines. IA 50319 Dear Senator Connolly: I an~ writing on behalf of the City of Dubuque to urge your active opposition to S.F. 168 (fom~erly S.F. 47), which addresses the granting of additional cable television franchises in Iowa commtmities. This bill tbllows the standard fom~ of innocent-appearing "level playing field" legislation being inla'oduced in state legislatures across the country on behalf of the established cable television industry. Its real purpose is to help incmnbent monopoly cable companies delay or defeat competitive entD', under the pretext of'tidiness.' It could more accurately be titled a "Cable Incumbent Protection Bill." This apparently well-intentioned provision provides great opportunities for mischief. It would allow incumbents like AT&T Broadband (,,,,-ho already enjoy the advantages of an entrenched customer base. installed plant, and revenue stream) to raise spurious issues and threaten legal action against conmmnities who may actually have a chance to bring in a competitor. S.F. 168 wot, Id bind all Iowa conmmnities to apply virtually identical conditions to companies whose actual situations may be (and probably are) quite different. It thus goes far beyond normal nondiscrimination roles, which recognize that differently situated entities may reasonably be treated differently. The bill takes no accovnt ol'the fact that a second entrant already faces severe disadvantages in seeking to compete with a long-entrenched incumbent. The original monopoly cable company, when it first built its s,vstem years ago, could couat on gaining 100% of those households interested in getting cable service, becansc there was no alternative. Today's ncxvcomer, however, is unlikely to capture more than half of that market. A potential competitor nmst incur vcD' large np-fi'ont capital costs belbre it can even begin to obtain any The Honorable Mike Connolly February' 15, 2001 Page 2 revenue. Thus, the apparent equality sought by the incumbents in S.F. 168 leaves out crucial competitive disadvantages faced by their competitors. For example, the proposed language assumes that a wide range of conditions must be identical for two franchisees. But many of these conditions are directly related to the size of the operation: for instance, construction schedule, performance bonds, extent of territorial coverage, etc. In particular, note that the language does not state whether PEG Access capital grants -- a key component of franchise requirements -- are to be compared on a per-subscriber basis, or in absolute dollar amounts. If the latter, then an incumbent cable company with 100,000 subscribers can argue that its competitor, a startup company with 100 subscribers, should pay the same dollar amounts upfrunt. This is not fairness; it's a barrier to entry. The effect of this bill is not to "ratchet up" the terms ora second franchise to those ora hypothetically more burdensome first franchise. 'Rather, it is designed to "ratchet down" the terms of the incumbent's franchise. There is no comparable requirement that an incumbent live up to any better deal (for consumers) to which a newcomer might agree. There would be almost no way under S.F. 168 for cities to negotiate the correction of deficiencies or improve upon current levels of cable television service, either in renewing an incumbent's franchise or in granting a second franchise. In other words, consumers can only lose. We suggest you ask cable company lobbyists to identify even one case ~vhere an incumbent cable operator has gone out of business due to an unfair franchise granted to a competitor by an Iowa city. It should quickly become clear that what AT&T Broadband and other cable incumbents really want is protection from their competitors. This legislation is a nationally coordinated preemptive strike against competition. It should be rejected. Let the entrenched incumbents compete in the market, rather than in the courts. We urge your active opposition to S.F. 168. Sincerely, Michael C. Van Milligen City Manager MCVM:jh City iVlanager's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (3~9) s89-41~o (319) 589-4149 FAX February27,2001 VIA E-Mail & 1sT CLASS MAIL tom_fiyun~legis.state.ia.us The Honorable Thomas Flyrm Senate Chamber State Capitol Building Des Moines, IA 50319 Dear Senator Flyrm: The City of Dubuque does not support new mandates regarding cities taxing authority as proposed in Senate File 31 and House File 4. This legislation is similar to prior year tax limitation proposals in that it again makes a negative adjustment to cities taxing authority based on the differential or growth in General city balances between a three year period (initially FY 1997 and FY 2000). The problem this presents the City of Dubuque is that we receive 50% of the annual profits from the Dubuque Racing Association gaming operations in January of each year. The City Council, through their budget deliberations in February and early March, determine how these funds will be used in the capital improvement budget for the coming July 1. In other words, the funds are in our fund balance at fiscal year end but are committed to projects in the next fiscal year or the upcoming construction season. This is consistent with the fiscal guidelines adopted by City Council each year which requires programming these funds through the aunual capital improvement budgeting process after the actual amounts are received. The City of Dubuque has had this fiscal policy since gaming began. When Moody's bond rating agency reviewed our fmancial condition for our bond rating, they wanted to make sure that mxcertain revenue streams were not being used in the operating budget. Our fiscal policy regarding gaming revenues was considered a sound approach since the City and definitely Moody's considered this funding source as uncertain and subject to considerable fluctuation due to economic times and the competitive environment of the gaming industry. Because this is our fiscal policy, the balance on June 30, 1997 for the General Fund contained Service People Integrity Respor~sibiI/ty Innovaaon Teamwork The Honorable Thomas Flyrm February 27, 2001 Page 2 $2,430,000 of Dubuque Racing Association (DRA) distribution programmed for FY 1999 capital projects. The fund balance for June 30, 2000 will contain $4,396,000 of D.R.A. distribution programmed for FY 2001 capital improvements. The calculation proposed in the tax limitation legislation would deduct the difference between these divided by 3, which results in a reduction o£our taxing authority by $655,333 for FY 2002. Even though these funds are committed to support the capital budget and not the operating budget, the City's operating budget resources or taxing authority would be reduced $655,333 per the proposed legislation. Many cities may accumulate land sales revenue or other uncertain or non-recurring revenues in their General Fund for support of upcoming capital improvements. To deny them this ability or penalize them by reducing their taxing authority will have a significant impact on future capital improvements. It will discourage and may even prevent some cities from doing pay-as-you-go financing of capital improvements through non-recurring revenue sources. The final point I would like to make is that the City of Dubuque has decreased tax askings for the average property tax payer four of the last six years, and in the other two years we were at no increase for the average homeowner. The Dubuque City Council has been and will continue to be responsive to the citizens of this community in terms of holding down the cost of city services. We see no need for State controls and regulations to make sure we are doing our jobs. In most instances when controls are placed on local governments, the tax payers who can least afford it are the ones who are hurt as cities are forced to make service cut backs and/or increase user fees. I strongly recommend against the proposed tax limitation legislation and that if you feel it is going to pass, that the section of the bill referring to year-end fund balances be eliminated from the tax limitation calculation. Sincerely, Michael C. Van Milligen City Manager CC Mayor Terry Duggan Dubuque City Council Members Barry Lindahl, Corporation Counsel Pauline Joyce, Administrative Services Manager Dan Walsh, Dubuque Area Chamber of Commerce Dubuque Legislative Delegation The Honorable Tom Flynn Senate Chamber Iowa Capitol Building Des Moines, IA 50319 email: tom_flynn~legis, state.ia.us The Honorable Mike Connolly Senate Chamber Iowa Capitol Building Des Moines, IA 50319 email: mike_connolly~.legis.state.ia, us The Honorable Paul Scherrman House Chamber Iowa Capitol Building Des Moines, IA 50319 email: paul scherrman~legis.state.ia.us The Honorable Robert Osterhaus House Chamber Iowa Capitol Building Des Moines, IA 50319 email: robert_osterhause~legis.state.ia.us The Honorable Pam Jochum House Chamber Iowa Capitol Building Des Moines, IA 50319 email: 12_am jochurn~legis.state.ia.us The Honorable Pat Murphy House Chamber Iowa Capitol Building Des Moines, IA 50319 email: pat_murphy~legis.state.ia.us Prepared by Barry A. Lindahl 196 Dubuque Building Dubuque IA 52001 319 583=4113 RESOLUTION NO. -01 ACCEPTING WARRANTY DEED FOR REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PLASTIC CENTER INC. WHEREAS, Plastic Center Inc. owns the follov~ng described real property in Dubuque County, Iowa (the Property): Lot 1 of City Lot 524 (except the Northerly 11 feet and 4 inches of the Easterly 51 feet and 7 inches), Lot 2 of City Lot 524, Lot I and Lot 2 of City Lot 525, City Lot 526 and City Lot 527, all in the City of Dubuque, Iowa, except that part sold to the State of Iowa by Warranty Deed recorded as Instrument No. 8652-1989, according to the United States Commissioners' Map and the recorded plats thereof (excluding approximately 3,000 square feet, more or less, to the south of such property over which Seller has an easement) AND WHEREAS, Plastic Center Inc. has delivered a Warranty Deed to the Property to the City of Dubuque. AND WHEREAS, the City Council of the City of Dubuque desires to accept the Deed to the Property on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Council of the City of Dubuque hereby accepts the Warranty Deed to the Property from Plastic Center Inc. The City Clerk is hereby directed to record a copy of the Deed and this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 5th day of March, 2001. Auem: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Penalties for Tobacco Permit Holders Chief of Police Kim Wadding is recommending that a heating be set for March 19m to consider assessing a civil penalty of $300 against several tobacco permit holders who sold tobacco products to underage persons. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Atmchrnent cc: Barry Lindahl, Corporation Counsel Klm B. Wadding, Police Chief ~ 'enbnqnG es!NO s)i:ai9 CITY OF DUBUQUE, IOWA MEMORANDUM DATE: February 16, 2001 TO: FROM: RE: Michael C. Van Milligen, City Manager Klm B. Wadding, Police Chief ~ Penalties for Tobacco Permit Holders INTRODUCTION: The purpose of this memo is to recommend the City Council set a hearing to consider assessing a civil penalty of $300 against several tobacco permit holders who sold tobacco prodncts to underage persons. BACKGROUND: During December 2000 and January 2001 tobacco compliance checks were completed at several establis~nents throughout Dubuque to ensure tobacco sales were not sold to underage persons. The compliance checks used trained underage volunteers under the supervision of police officers. Of the compliance checks completed, 12 businesses have had their employees receive a conviction for underage tobacco sales. The businesses include: 12/29/00 Five Points Mart 405 Rhomberg Martin James Frank 12/29/00 Eagle's #130 1800 Elm Street Jamie L. Meyer-Palm 12/29/00 Ha~ig Drug 157 Locust Street Katrina Burlage 01/04/01 Busted Lift 180 Main Street Dana Marie Weitz 01/04/01 Cue Master Billards 900 Central Avenue Gloria Jean McDonald 01/04/01 Instant Replay 1602 Central Avenue Leo James Bisping 01/04/01 Madhatter's Inc. 1091 Main Street Eric John Krieger 01/06/01 Oky Doky Foods 110i Rhomberg Ronald J. Meloy 01/06/01 Shannon's Bar & Grill 52t East 22nd Street Patti Jo Sharmon 01/18/01 Orandview Milkhouse 620 South Crrandview James T. Jacobsen 01/30/01 Dubuque Inn 3434 Dodge Street Christine A. Kennedy 01/30/01 Midway Hotel/Ho£fman 3100 Dodge Street Kathleen M. Fischer DISCUSSION: Section 453A.22 of the Iowa Code provides that in addition to penalties paid by employees, the State or local authority shall assess a penalty against the permit holder after a hearing. For a first offense violation there is a civil penalty of $300. The listed permit holders would be considered first violation offenders. Two businesses, Hartig Drug and Cue Master Billards, have had a previous offense but the violations exceeded two years from the first offense reverting the offense to a first violation. RECOMMENDATION: It is recommended that the City Council set a hearing for the above permittees. If after the hearings the violations are sustained, the Council assess a civil penalty of $300 against the eleven establishments listed. ACTION REQUESTED: Request the City Council to set a hearing date regarding the assessing of a civil penalty to the listed tobacco permit holders. CITY OF DUBUQUE, IOWA MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Golf Cart Lease Agreement Proposals were received for the lease of 40 golf carts for Bunker Hill Golf Course. Leisure Services Manager Gil Spence is recommending that the carts be leased from Harris Golf Cars for a five-year total cost of $113,000. 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 Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 27, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Gil D. Spence, Leisure Services Manage~ Golf Cart Lease Agreement INTRODUCTION The purpose of this memorandum is to request that the City Council approve the lease agreement for golf carts for the Bunker Hill Golf Course. DISCUSSION With the City taking over the operation of golf carts at the Bunker Hill Golf Course, proposals were accepted for leasing forty new carts for a five-year period. A summary of the two proposals is as follows: Harris Golf Cars · $575 per cart x 40 carts = $23,000 per year x 5 years = one year $50 per cart rebate FIVE YEAR TOTAL COSTS $115,000 - 2,000 $ tt3,000 Wilwert's Golf Cars, Inc. · $594 per cart x 40 carts = $23,760 per year x 5 years = FNE YEAR TOTAL COSTS $ !~8,800 $118,800 The Harris proposal also includes a visit by Johnny Orr and Hayden Fry for the grand opening of the renovated snack bar. RECOMMENDATION I recommend that the lease agreement with Harris Golf Cars be approved as outlined above. ACTION STEP The action requested is that the City Council approve entering into a lease agreement for forty golf carts for the Bunker Hill Golf Course. GDS:et Prepared by: Leisure Services Department; 2200 Bunker Hill Road; Phone: 589-4263 RESOLUTION NO, FIXING DATE OF HEARING ON GOLF CART LEASE AGREEMENT WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval to lease golf carts for the Bunker Hill Golf Course. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 19th day of March, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed Lease Agreement and cost of said Lease Agreement, 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 Lease Agreement, or estimated cost of the Lease Agreement. Passed, approved and adopted this 2001. day of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk PK CITY OF DUBUQUE, IOWA MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Local Housing Assistance Program Award Housing Services Manager David Harris is recommending City Council approval of a contract with the Iowa Department of Economic Development for a Local Housing Assistance Program (LHAP) award in the amount of $100,000. 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 David Harris, Housing Services Department VI 'enbnqng CITY OF DUBUQUE, IOWA MEMORANDUM 14 February 01 To: Mike Vaa, NYtlligen, City Manager From: David H~'fis, Housing Services Department Re: Local Housing Assistance Program Award Introduction The purpose of this memorandum is to request the City Council's approval of a contract with the Iowa Department of Economic Development for a Local Housing Assistance Program (LHAP) award, in the amount of $100 000. : Background In October 00, the Council authorized the Housing Services Department to make application to the Department of Economic Development 0DED) for $100 000 in grant assistance to accomplish a revitalization project located on West Eighth Street. This project was designed to address problems of slum and blight in this neighborhood, by demolishing two derelict structures and constructing five new attached condominium homes, to be made available for purchase by low-income families. The purpose of the LHAP financing was to write down the purchase costs of these homes, to $55 000. The balance of the $375 000 needed for this project was to be provided by the developer, Toby Kress. Discussion We have now been notified of IDED award and can proceed to construction. This demonstration project will revitalize the West Eighth Street area, provide first-time homeownership to five lower-income households and serve to document the potential of a larger market for condominium homes to buyers in this income range. If successful, we will promote these opportunities, for both new construction on in-fill sites and for conversion of existing rental units in older buildings to condominium uses. Action Step The action requested of the City Council is to authorize the Mayor's execution of the attached contract from IDED, awarding $100 000 to the City in Local Housing Assistance Program funds. CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Ina Rehabilitation Project Acting Community and Economic Development Director Pam Myhre is reco~nmending publication of the Combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation Project. 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 Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM February 21, 2001 To: Michael Van Milligen, City Mana~ From: Pamela Myhre, Acting Commtufii/y'~ Economic DeVelopment Director Subject: Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project Introduction This memorandum transmits a proposed resolution authorizing the publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project. Background The City Council is being requested at the March 5th meeting to approve the use of Community Development Block Grant funds for MetroPlains Development to rehabilitate the Iowa Inn building at 125 West 9th Street. The Council has previously approved the use and release of Special Purpose Grant funds for this development, which will create 31 housing rental units. The City of Dubuque must publish a notice of environmental review finding for projects to be funded with Community Development Block Grant (CDBG) funds. This notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. After that time, the City may file a Request for Release of CDBG funds with the U.S. Department of Housing and Urban Development (HUD). Discussion Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has carded out its responsibilities according to regulations of HUD. The approval of the attached resolution and the publication of its accompanying public notice are required procedural steps for securing the release of CDBG funds for this project. Recommendation I recommend that the City Council authorize publication of the combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project. Copies of the environmental review record will be made available to the public and interested agencies. Public comment will be accepted until 5:00 p.m. on March 26, 2001 and will be taken into account before proceeding with the request for release of funds. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Aggie Kramer, Community Development Specialist RESOLUTION NO. -01 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR IOWA INN REHABILITATION PROJECT Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1, 2000, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Tire I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Iowa lnn Rehabilitation project; and Whereas, based on said environmental review, the Department of Commtmity and Economic Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on March 26, 2001. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status ora responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enfome responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this day of March, 2001. Attest: TerranceM. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USERSLM~2RAM ER~ERR~lowalnn~rmC DBGres.wpd Exhibit A CONCURRENT NOTICE NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT NOTICE TO PUBLIC OF INTENT TO REQUEST RELEASE OF FUNDS Date of Publication: March 9, 2001 TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS: Community and Economic Development Department City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 319-589-4393 The City of Dubuque will request the U.S. Department of Housing and Urban Development for the release of Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974, as amended, for the following project: Iowa Inn Rehabilitation Project. The project will provide for the rehabilitation of the former Iowa Inn buildings at 125 West 9~ Street by creating 31 residential apartment units in the existing buildings in the City of Dubuque, Dubuque County, Iowa in Census Tract 1, Block 3. These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dubuque, Iowa. FINDING OF NO SIGNIFICANT iMPACT The City of Dubuque has determined that the Iowa Inn Rehabilitation Project identified for use of Community Development Block Grant (CDBG) funds will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969(NEPA) is not required. Additional project information is contained in the Environmental Review (ERR) on file at the Community and Economic Development Department in City Hall, 50 West 13th Street, Dubuque, Iowa and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. REQUEST FOR RELEASE OF FUNDS On or about March 26, 2001, the City of Dubuque will submit a request to the U.S. Department of Housing and Urban Development for the release of funds to undertake the Iowa Inn Rehabilitation Project. The City of Dubuque has found that the aforementioned project has no significant effect on the environment based on the following facts and reasons: 1) Assessment of the nature, magnitude and duration of any adverse and positive impacts; 2) Consideration of alternatives to the project, commitment of resources, known views of local groups, measures which can be instituted to lessen potential adverse impacts and to enhance the environment; 3) No loss of unique environmental resources; 4) review of development trends; 5) A minimum occurrence of adverse effects that cannot be avoided; and 6) No significant impacts on properties possessing historical, archaeological, architectural or cultural significance. PUBLIC COMMENTS Any individual, group or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Community and Economic Development Department, 50 West 13th Street, Dubuque, Iowa 52001. All comments received will be considered by the City of Dubuque prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. RELEASE OF FUNDS The City of Dubuque certifies to the U.S. Department of Housing and Urban Development that Terrance M. Duggan in his capacity as Mayor consents to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Dubuque to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will accept objections to its release of fimds and the City of Dubuque's certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Dubuque; (b) the City of Dubuque has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval ora release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory fi:om the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to U.S. Department of Housing and Urban Development (HUD), Omaha Area Office, Executive Tower Centre, 10909 Mill Valley Road, Omaha NE 68153. Potential objectors should contact HUD to verify the actual last day of the objection period. Terrance M. Duggan, Mayor Request for Release of Funds OMB No. 2506-0087 and Certification (exp. 6/30/2001) U.S. Department of Housing and Urban Development Office of Community Planning and Development This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review respeesibility by units of general local government and States. Public repor[ing burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Part 1. Program Description and Request for Release of Funds ~ be B-00-Mc-lC°mpieted by 9-0004Resp°nsible E[ntity) 1. Program Title(s) ' . HUD/State Identification Number ! 3. Recipient Identification Number Community Development Block Grant (°Pfi°nal)'24 6004596 4. OMB Catalog Number(s) 6. For information about this request, contact (name & phone number) Aggie Kramer, Community Development Specialist 8. HUD or State Agency and office unit to receive request HUD, Omaha Area Office, Executive Tower Centre 10909 Mill Valley Road, Omaha,Nebraska 68153 5. Name and address of responsible entity City of Dubuque City Hall, 50 West 13th Street Dubuque, IA 52004 i7. Name and address of recipient (if different than responsible entity) The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing tile use of the assistance for the following 9. Program Acfivity(ies)/Project Name(s) 10. Location (Street address, city, county, State) Iowa inn Rehabilitation Project 125 West 9th Street, Dubuque, Dubuque County, Iowa 11. program Activity/Project Description Rehabilitation of former YMCA building and gymnasium building into 31 residential housing units Previous eqitions are obsotete form HUD-7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: i. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part I of this request, I have found that the proposal [] did ~ did not require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity Title of Certifying Offfaer Terrance M. Duggan,Mayor, City of Dubuque, Iowa Datesigned X Address of Certifying Officer City of Dubuque 50 West 13th Street Dubuque, IA 5200'i Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient Title of Authorized Officer Date signed X Waming: HUDwill prosecute false claims and statements. Conviclion may result in cdminal and/or civil penalties. (18 U.S.C. 1001,1010,1012; 31 U.S.C. 3729, 3802) previous ed ~tions are obsolete form HUD-7015.15 (1/99) CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Administrative Services and Financial Agreement Between the City of Dubuque and Delta Dental Plan of Iowa Personnel Manager Randy Peck is recommending approval of the Administrative Services and Financial Agreement Betw-een the City of Dubuque and Delta Dental Plan of Iowa for services related to the administration of the City's dental plan. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Randy Peck, Personnel Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 22, 2001 TO: FROM: Michael C. Van Milligen, City Manager Randy Peck ~ Personnel Manager SUBJECT: Administrative Services and Financial Agreement Between the City of Dubuque and Delta Dental Plan of Iowa On February 5, 2001, I received the attached Administrative Services and Financial Agreement between the City of Dubuque and Delta Dental Plan of Iowa for services related to the administration of the City's dental plan. The effective date of this agreement is July 1, 2000. The administrative fee for processing dental claims was reduced from 82.56 per contract per month to 82.53 per contract per month. The reduction in the fee is the result of our decision to require a weekly claims settlement, The administrative fee went into effect on July 1, 2000 and will remain in effect through June 30, 2001, and was approved by the Health Care Committee on May 18, 2000. The reason for the extensive delay in receiving the final version of the Administrative Services Agreement is due to the fact that we had to work out some language issues with Delta Dental, This agreement has been reviewed by Barry Lindahl and the Segal Company, our benefit and actuarial consultant, and they found the terms to be acceptable. The Health Care Committee has also approved the agreement. I recommend that the agreement be approved. If you have any questions, please feel free to call. PLEASE SIGN TInS COPY AND RETLrR1N IN THE ENCLOSED ENVELOPE ADMINISTRATIVE SERVICES and FINANCIAL AGREEMENT THIS AGREEMENT is by and between Delta Dental Plan of Iowa (Delta), and City of Dubuque (Employer). C.~oup name WHEREAS, the following circumstances exist: Delta is a nonprofit corporation authorized by the Commissioner oflnsnrance for the state of Iowa to transact business as a dental service plan. Employer desires to create or has established a dental benefits p/an for its eligible Employees. Employer desires to enter into a financial arrangement with Delta under which Employer is solely responsible for the Cia/ms Paid for covered dental services provided to its Members subject to the lira/ration on Employer's financial 1/ability set forth in the stop loss coverage provisions of this Agreement. Employer desires that Delta pay claims for dental services furnished to Members and provide other administrative services. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, it is hereby agreed as follows: 1. Definitions. "Administrative Fee" means either an amount per contract or a percentage of Claims Paid, whichever is appl/cabte, that Delta charges the Employer and which includes allocations for Delta's cost of adm/nistering Employer's plan and general operating costs, The Adm/nistrative Fee during the Contract Period is stated in the Schedule of Fees attached to this Agreement. "Administrative Services" means those services to be performed by Delta for Employer in connection with this Agreement, including, but not limited to the following: claims processing, customer services, accounting services, actuarial services, enrollment services, data processing services, and such other related services as the parties may agree are appropriate and necessary to accomplish the objectives ofth/s Agreement. Administrative Services expressly excludes any services for the administration of continued dental coverage pursuant to the Consol/dated Omnibus Budget Reconciliation Act of 1985 (COBRA), as amended, or any state or federal law relating to continuation coverage of the Employer's plan. "Agreement" means this Administrative Services and Financial Agreement, Group Application, Schedule of Fees attached to it initially and as such may be revised or amended, the Benefits Certificate(s), and the Subscribers' names and/or appl/catiuns for coverage. "Benefits Certificate" means the written document(s) which describe and defrae a welfare benefit plan for dental services which the Employer established for its Members. "Claims" means claims for dental services that are famished to Members with a date of service as de£med m the Schedule of Fees as Claims Eligible for Payment. "Claims Paid" means the mount calculated by deducting from the Covered Charges any mounts attributable to Provider Savings, deductibles, copayment, coinsurance, or Contract Limitations as defined in the Benefits Certificate(s). The mount of Claims Paid during the Contsact Period is determined by the date of Delta's check or reimttance. "Contract Limitations" means the mounts which are the liability of the Subscriber under this Agreement, These include the services which are not covered, charges for dental services which are not dentally necessary, penalties for failure to follow notification requirements, and charges for services that have reached a contract maximum. "Contract Period" means the period of time set forth in the Schedule of Fees or the most recent revision to the Schedule of Fees. "Covered Charges" means the amount a provider bills a Member, or Delta, less services not covered. Services which are covered are those dentally necessary and dentally appropriate procedures as outlined in the Benefits Section of the Benefits Cm~ificate(s). '~Delta Allowance" means the amount which equals the lesser of the Covered Charge for a service, supply, or any dental procedure covered under the dental plan or an amount which Delta establishes, annually, as its maximum allowable fee for the same service or supply. For all dental procedures covered under the p/au, the maximum allowable fee is established by Delta Dental Plan of Iowa for a covered dental procedure that is dentally necessary and dentally appropriate. It is developed from various sources, such as contracts with dentists, input from our dentist consultants, the simplicity or complexity of the procedure, and the billed charge for the same procedures by dentists in Iowa, For services billed by providers outside of Iowa, the maximum allowable fee is based on information from that state's Delta Plan. "Employee" means an active Employee of Employer for purposes of Social Security laws or who otherwise is included as an Employee as required by law (or a member of the Board of Dkectors of an Employer). '~Inenrred Date" means the date dental services are provided. With regard to inpatient hospital or facility services, the date of admission is the Incurred Date. "Member" means any person entitled to receive dental benefits as defined in the Benefits Certificate(s). "Provider Savings" means the amount saved due to Delta's contracts with providers. It is calculated as the difference betwean the Covered Charge and the Delta Allowance. "Subscriber" means any indiv/dual identified by Employer as a person eligible for dental coverage subject to the terms, conditions and/imitations described in the Benefits Certificate(s) and who is named on an identification card issued by Delta. Responsibilities of Employer. Furnishing Information. Employer agrees to furnish Delta with timely reports and information in a form and manner required by Delta so that Delta proparly may discharge its responsibilities under this Agreement, including but not limited to, inforamtion pemining to Members for the purpose of determining eligibility for coverage under the Benefits Cert/ficate(s), and information necessaxy for the proper adminislnration of coordination of benefits and other limitations and exclusions contained in the Benefits Certificate(s). Persons Eligible for Coverage. Prior to the Effective Date of this Agreement, Employer shall deliver to Delta a list of the names and/or completed applications for each parson that Employer shall designate as bimg eligible for benefits set forth in the Benefits Certificate(s). On or before the first of each month thereafter Employer shall notify Delta in writing of those persons who are no longer eligible as of that month, and thereafter Delta shall not pay Claims for services furnished such persons on or after the date of term/nation. At any time during the Contract Period, Employer may certify to Delta the names of additional eligible persons. Delta shall, from and after the commencement date of coverage Delta establishes for such person, pay Claims with Incurred Dates on or after the effective date of coverage in accordance with the terms and conditions set forth in th/s Agreement. Failure to Provide Information. Employer's failure to provide timely and accurate information may cause Delta to make incorrect payments. In that event, Employer may be liable for all or part of any incorrect payments made. Payment of Claims and Administrative Fee. Employer authorizes Delta and Delta agrees to process Claims on a regular basis, subject to the limitations, conditions, and exclusions stated in the Benefits Certificate(s). Employer will pay or reimburse Delta for the Cla/ms Paid and Administrative Fee as set forth in this paragraph. Weekly Actual Claims Paymena Delta will bill Employer weekly. Once each week, Delta will noi~fy Employer of the total billing for the week by fax (normally on Tuesday.). Delta will generate an ACH transaction and draft the amount of the billing from the bank account designated by Employer (netmail)zen Friday). The weekly billing will include the total of claims for the week and the last week of the iaonth will also include the Adminisirative Fee for the current month. Late Payments. Ail payments must be paid on time in accordance with paragraph 3. If the Employer fails to make timely payments in full, Deka may, at its option, immediately stop the payment of all claims for the Employer's Members, regardless of the Incurred Date and may terminate this Agreement retroactively to the last day 3 of the month for wl~ch full payment was made without any further notice. Payments not made when due also will be subject to an interest charge at the then prevailing pr/me rate plus two percant (2%) per annum. The acceptance by Delta of any late payments or partial payments shall not constitute a waiver of this provision. Examination of Books and Records. Delta may examine the financial records of Employer reasonably related to the administration of this Agreement, upon reasonable notice, as often as Delta deems appropriate, to determine whether Employer has sufficient amounts on deposit to ensure payment of Claims and Administrative Fee. Employer or its authorized representative may examine or audit Delta's records reasonably related to Delta's discharge of Employer's liability to pay Claims. Such examination shall be conducted during regular business hours, upon reasonable advance written notice. Records subject to exam/nation shall include case listings, third-party explanations of dental benefits, eligibility records, claims history, and coordination of benefits procedures. The examination period may cover the curt'ant Contract Period and the two years previous only. Upon completion of the examination, Employer shall share its examination findings with Delta and conduct an exit conference with Delta. It is agreed that disclosure of any information under this paragraph to Employer or Delta has been made in reliance upon the other party's representation that such information shall be used by it for the sole and exclusive purpose of examining or auditing information related to the administration of the dental plan. Such information shall not be disclosed or otherwise made available to any person or organization not directly involved in the examination or audit and Delta and Employer shall /mplement whatever reasonable safeguards are necessary to ensure that such information remains cont~dential, subject to the Iowa Public Records Act, Iowa Code chapter 22. Change of Agreement. Delta will provide Employer ninety (90) days prior written notice of any amendment or termination under this paragraph. Changes to this Adminisl~ative Services and Financial Agreement or Benefits Certificate(s) will be effective only when the written amendment has been signed by authorized representatives of Delta and the Employer. Liabilities of the Parties. Employer has the liability for all Claims payments for its Members. Delta has no liability for Claims il'Employer fails to pay or reimburse Delta in accordance with this Agreement. Employer agrees to hold harmless and inderma/fy Delta or any of its d/rectors, officers, or employees for any and all loss, liability, damage, expense, or other cost or obligation, including reasonable attorneys' fees, resulting from and arising out of claims, demands, or lawsuits brought against Delta by Members, or other persons by reason of the performance or nonperformance of Employer's responsibilities under this Agreement, or 4 in connection with benefits or coverage information disclosed at Employer's request or disclosed during an examination or audit of books and records, provided the directors, officers, or employees of Delta shall have performed their duties with ordinary care and such directors, officers, ' or employees of Delta shall not be liable for any mistake of judgement or other action taken in good faith. Delta has made a good faith determination of what the premium tax liability shall be under this Agreement based upon Iowa Code Chapter 432. I/the governmental authority responsible for collecting such taxes determines that add/tional taxes should have been assessed for the charges collected by Delta under this Agreement, the Employer agrees to indemnify Delta for such liability. Delta agrees to hold harmless and indemnify Employer or any of its directors, officers, or employees for any and all loss, liability, damage, expense, or other cost or obligation, including reasonable attorneys' fees, result/rig from and arising out of claims, demands, or lawsu/ts brought against Employer by reasons of Delta's failure to perform its responsibilities under rids Agreement (or policy). Use of Trademarks. Delta and Employer reserve the right to control the use of their respective corporate names and any other respective symbols, assumed names, trademarks, and serv/ce marks, presently existing or subsequently established. Delta and Employer agree not to use the corporate name, symbol, assumed names, trademarks, or service marks of the other fin advertising, promotional material, or otherwise without the prior written consent of the other. Any previously approved usage will cease/mmediataly upon the term/nation of this Agreement and any materials using such names or marks are the property of the appropriate namesake and will be returned to the appropriate property owner upon request or at the termination oftb/s Agreement. Term and Termination, Term and Notice of Termination. This Agreement shall become effective on the date def'med on the Schedule of Fees and shall continue in force for the time period defined in thc Schedule of Fees. However, either party may terminate this Agreement at any time by giving written notice of termination delivered to the other party at least sLxty (60) days in advance of the effective date of termination. Renewal Terms. The parties may agree to renew the Agreement for successive Contract Periods as defined in the Schedule of Fees. Delta may change Administrative Fee, stop loss premiums and other financial factors upon renewal. Immediate Termination. Delta may terminate th/s Agreement at any time without notice if Employer fails to make timely and complete payments in accordance with this Agreement, or Delta determines that the Employer has inadequate funds to make payments required by th/s Agreement. Delta may terminate the Agreement retroactively to the last day of the month for which Employer made full payment. Employer is solely responsible for notifying its Subscribers of the termination of this Agreement for nonpayment or for any other reason. 5 10. 11. 12. 13. 14. 15. Effects of Termination. If Delta tenuinates this Agre~nent for nonpayment by the Employer, Delta will not pay any Claims beyond the effective date of the term/nation regardless of when the services were received. Any liability of either party to the other for amounts owed or owing, or for indemnification for premium taxes under this Agreement shall not be extinguished by the termination of this Agreement. Termination and Claims Payments. If, following termination of this Agreemant for reasons other than Employer's nonpayment, Claims for the most recent Contract Period are submitted to Delta for payment in the period specified in the Benefits Certificate(s) for timely filing of claims, Delta will pay clakns in accordance with this Agreement and bill Employer in accordance with the procedures set forth in paragraph 4 above· Force Majeure. The parties to this Agreement shall be excused f~om performance under tiffs Agreement for any period during which they are prevented from performing any responsibilities under this Agreement, in whole or in part, as a result of an Act of God, war, civil disturbance, court order, labor dispute, or other cause beyond its reasonable control and such nonperformance shall not be grounds for termination or default. Complete Agreement. The parties agree that this Agreement, including all Benefit Certificate(s), Schedule of Fees, Amendments, Group Application for Coverage, and the Subscribers' names and/or applications for coverage constitutes the "Complete Agreement" between the parties and supersedes all related discussions and communications between the parties. All statements made by the employer to the Employee or statements made by the Employee or his/her family members to the/-r dentist concerning what is covered in the Complete Agreement is deemed to be a representation and not a Warranty. No statement by the Emphiyer, Employee, or members of the Employee's family concerning matters allegedly covered in the Complete Agreement shall be relied upon by the Employee's dental provider without vet/fy/rig that the covmage is set forth in the Complete Agreement. Governing Law. To the extent not superseded by the laws o£the United States, this Agreement shall be construed in accordance with the laws of the State of Iowa. Any action in regard to this Agrecuaent or arising out of the terms of this Agreement shall be instituted and litigated in the state or federal courts located in the State of Iowa and no other. Notices and Communication. Delta shall be entitled to rely upon any communication or notice from the Employer to Delta in connection with this Agreement to be genuine, Waththl, and accurate, and to have been authorized, signed, or issued by an officer or agent of Employer empowered to make such representation on behalf of the Employer. Delta shall secure and maintain during the term of this Agreement insurance coverage as set forth on the attached schedule and shall cause the City of Dubuque, Iowa, to be listed as an additional insured on said Delta insurance coverage· The mailing of written notices or other communications by regular U.S. Mail, postage prepaid, shall be deemed sufficient service for the purpose of this Agreement if addressed to the last address furnished in writing. 6 Notice to Delta Dental Plan of Iowa nmy be addressed: Delta Dental Plan of Iowa 2401 SE Tones Dr., Suite 13 Ankeny, IA 50021 And until another address is furnished in writing, notice to Employer may be addressed: City of Dubuque City Hall - 50 West Thirteenth Street Dubuque, Iowa 52001-4864 1N WITNESS WHEREOF, the pm-ties have executed this Agreement, in duplicate counterparts, each counterpart being deemed as original, on the date stated below. Employer By Title City Manager Date Detta Dan~,l~lt~f Iowa ~ By ~__~,'1~ ~-'~ ~ Title President and CEO Title Secret~'-~ Date ~F/~/ SCHEDULE OF]FEES Employer/Plan Sponsor Full Legal Name and Address City of Dubuque City Hall - 50 West Thirteenth Street Dubuque, IA 520014864 Contract Period Original Effective Date of Funding Arrangement Schedule Date 7/1/00 Contract Period to Which this Schedule is Applicable Begins 7/1/00 and Ends 7/1/89 6130101 Claims Eligible for Payment 1. [] Incurred means Claims with dates of service within the Contract Period 2. [] "Paid" means all Claims regardless of Incurred Date Fixed Fees Aggregate Total Adminlntrafive Step Loss Fixed Fee Premium Fees Single $2.53 $0.00 $2.53 Family $2.53 $0.00 $2.53 Aggregate Stop Loss Coverage Aggregate Attachment Point is N/A of projected Claims Paid. Aggregate Attachment Point Single N/A Family N/A Losses Eligible for Reimbursement 1. [] "12/12" means the Losses were Incurred and Paid within the Contract Period 2. [] "Paid" means the Losses were Paid within the Contract Period. Losses must have been incurred on or after the effective date of the Agreement. 3. [] "12/18" means the Losses were Incurred and Paid within that same Contract Period or within the six months following the end of the Contract Period. 4. [] Not Applicable Weekly Transfer Amount Weekly Actual A CORD_. PRODUCER Holmes Murphy & Associates P,O. Box 9207 Des Moines, IA 50306-9207 515-223-6800 01/03/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Chubb Group Delta Dental Plan of Iowa 2401 SE Tones Drive, #13 Ankeny IA 50021 COMPANY B AIG/lllinois National COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN R~DUCED BY PAID CLAIMS. A 35357170 1/01/01 1/01/02 ~ GENERAL AGGREGATE GARAGE UASlUTY ANy AUTO 35357170 1/01/01 PRODUCTS - COMP/OP AGG i PERSONAL & ADV INJURY r IF. ACH OCCURRENCE 2000000 2000000 I000000 1000000 1101102 $ 1000000 10000 OTHER THAN AUTO ONLY: EACH ACCIDENT A EXCESS UABIUTY 79760138 1/01/01 1/01/02 ' EACH OCCURRENCE [ $ 2000000 71646107 1/01/01 1/01/02 ]X,i J TORY LIMIT _~ I ER I~ I00000 ! !iNOL SO0000 8 OTHERprofessional 002789281 1/01/01 1/01/02 Limit: $3,000,000 Liability DESCRJPTION OF OPERATIONSAOCATiONSNEHICLESiSPECIAL ITEMS Additional Insured (GL): City of Dubuque, Iowa City of Dubuque Attn: Randy Peck 50 West 13th Street Dubuque, IA 52001 INSURANCE SCHEDULE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES 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 (30) day notice to the City of any material change or cancellation of the policy prior to its expiration date. shall have its insurance agenl: 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. shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by taw. 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 92,000,000 91,0OO,OOO $1,0OO,0OO 91,OOO,OOO 9 50,000 9 5,000 OR Combined Single Limit Medical Payments 92,000,OO0 9 5,000 Umbrella or Excess Uability' Coverage is to include: occurrence form, premises/operations/products/completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with thirty (30) days written notice of change or cancellation. PROFESSIONAL LIABILITY STATENIENT: shall furnish a certificate of insurance showing professional liability limits with limits of not less than 91,000,000 during the term of the project. *To be determined on a case-by-case basis. CITY OF DUBUQUE, IOWA MEMORANDUM Febmary 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Grant Request to National Main Street Center for Downtown Vision Process Planning Services Manager Laura Carstens is recommending thru the City Council authorize the Mayor to sign the joint letter to the National Main Street Center for the City and Dubuque Main Street, Ltd. for a consultation grant to fund the keynote speaker for the Downtown Vision process. I conct~r with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindaht, Corporation Counsel Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 27,2001 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager SUBJECT: Grant Request to National Main Street Center for Downtown Vision process Attached for consideration by the City Council is a draft letter from the City of Dubuque and Dubuque Main Street Ltd. to the National Main Street Center for a consultation grant. This letter is a request for the National Main Street Center to fund the expenses of a nationally prominent keynote speaker for the initial community meeting for our Downtown Vision process. The Downtown Vision process is the first step in creating a comprehensive downtown plan. The idea of creating of this plan originated at the February, 2000 "Housing Action Conference". The concept has subsequently been carried forward by the Downtown Planning Committee of the Long Range Planning Advisory Commission, at the direction of the City Council. The anticipated budget for the Downtown Vision process is $50,000, with $30,000 recommended to come from City funds, and $20,000 to be raised from state and private sources. A National Main Street Center consultation grant was received previously for the Historic Old Main Market Analysis. Restrictions on the use of this grant would be: Restricted to service area of Dubuque Main Street Ltd. (The proposed boundaries of the Downtown Comprehensive Plan process meet this requirement.) National Main Street Center staff must approve the consultant selected. Competition for the consultant contract must conform with Equal Opportunity laws. We must retain financial records for three years. Any publicity for the portion of the "plan" partially funded by such a grant must include an acknowledgement of grant assistance. A final report of results must be sent to the National Main Street Center. On behalf of the Downtown Planning Committee, I recommend that the City Council authorize the Mayor to sign the joint letter to the National Main Street Center for the City and Dubuque Main Street, Ltd. for a consultation grant to fund the keynote speaker for the Downtown Vision process. Attachment CC Dan LoBianco, Dubuque Main Street, Ltd. Dave Rusk, Downtown Planning Committee Ica rst enf~p/Cou ncil/NMSC,m em.doc March 6, 2001 Grant Committee Chairperson National Main Street Center 1785 Massachusetts Avenue, NW Washington, D.C. 20036 RE: National Main Street Center Consultation Grant Dear Grant Committee, The City of Dubuque and Dubuque Main Street, Ltd. would like to jointly request that the National Main Street Center consider assisting your longest-standing Urban Main Street Program with a consultation grant for our new initiative to create a shared community vision as the basis for a Downtown Comprehensive Plan. Specifically, we seek your support in bringing to our City Center a nationally prominent keynote speaker to address our community as the motivational kick-off to our Vision Downtown process at our initial community meeting. This speaker also would provide a wrap-up presentation of the day's visioning results. Dubuque has conducted a number of studies and visioning plans in individual downtown districts and for specific issues; however, with this concept originating at a community- wide "Housing Action Conference" in February 2000, it is time to assess a total Downtown Vision with reality and relative to these existing plans. We look to author a shared community vision for Downtown Dubuque - "Vision Downtown," and ultimately create a comprehensive master plan based on the Vision and the assessments. We want to draw a strong cross-section of citizens for this participation-oriented, all- inclusive program. The involvement of the National Main Street Center immediately gives the process credibility, and will assist us in making this visioning effort a highly participatory event. To complement this assistance that we are seeking from the National Main Street Center, we have garnered financial, in-kind and/or voluntary commitments from the City of Dubuque, Dubuque Main Street, the Main Street Iowa Office, the Dubuque Area Chamber of Commerce, several local utilities and the City's Long Range Planning Commission and Downtown Planning Committee. Page 2 of 2 Should you have any questions or need additional information about this process or request, please contact Dan LoBianco, Dubuque Main Street, at (319) 588-4400 or Laura Carstens, Planning Services Department, City of Dubuque, at (319) 589-4210. Sincerely, Terrance M. Duggan, Mayor City of Dubuque Linda Herbst, President Dubuque Main Street, Ltd. Dubuque City Council Dubuque Main Street, Ltd. Board of Directors Downtown Planning Committee Michael Van Milligen, City Manager Laura Carstens, Planning Services Department Dan LoBianco, Dubuque Main Street, Ltd. IcarstenlwplCouncJIINMSC.Itr. doc CITY OF DUBUQUE, IOWA MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Land and Water Conservation Fund Grant Application for Riprow Valley Recreation Area Planning Services Manager Laura Carstens is recommending City Council approval of the attached Land and Water Conservation Fund Grant application for the Riprow Valley Project and authorize the Mayor to sign the resolution, project proposal application, and project agreement general provisions. 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 Laura Ca~stens, Planning Services Manager CITY OF DUBUQUE, IOWa MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager~ Land and Water Conservation Fund Grant Application for Riprow Valley Recreation Area INTRODUCTION This memo transmits for City Council approval a Land and Water Conservation Fund (LWCF) grant application from the Iowa Department of Natural Resources for the Riprow Valley Recreation Area. A map, project budget, and resolution are attached for Council consideration. DISCUSSION The grant monies will be used for the development of four softball fields for use by the Dubuque Girls Independent League on the 11.31-acre site of the former Koch Sulfur Supply Company. The Dubuque Girls Independent Softball League has agreed to develop and manage the property for at least the next 25 years. The first phase of the development is for site grading and preparation, which includes asbestos removal, building demolition, site grading, topsoil application and delivery of water/sewer services. The second phase is the actual development of the softball field complex, which includes fencing, infields, seeding, lighting, parking lot, restrooms/concession stand, playground equipment and batting cages. The City was awarded a $49,578 LWCF grant for acquisition of the property last April. The amount requested through this grant application is $175,000. The grant requires a one-to-one dollar-matching amount of non-federal funds. Private donations are expected to exceed the required matching amount as this project has received much local support. RECOMMENDATION I recommend that the City Council approve the attached LWCF application for the RiprowValley Project, and authorize the Mayor to sign the resolution, project proposal application, and project agreement general provisions. Attachmen~ cc: Gil Spence, Leisure Services Manager Section II - Application OWm DEPART NT OF NAT SOt C ,S II Wallace State Office Building Des Moines, Iowa 503t9-0034 LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL Part I APPLICANT AGENCY: cit.y of Dubuque TYPE OF PROJECT: Contact Person: Laura Carstens Acquisition: * Title: Planning Services Manager Development: X Street/PO Box: City Hall - 50 W. 13th St. Combination: * City/Zip Code: Dubuque, IA 52001-4864 Telephone #: 319-589-4210 * Complete Part II of Application. PROJECT'IIILE: Rip,ow Valley Recreation Center ESTIM. STARTING DATE: July ir 2001 TOTAL PROJECT COST: $ 730,734 ESTIM. COMPLETION DATE: Breakdown of Project Costs November 1 r 2002 Total Federal Share: $ 175,000 Total Local Share: $ 555,734 PREVIOUS LWCF GRANTS ON SOURCE: PROJECT Srt 1~? Appropriations: $ 30,000 Bonds: $ Yes * No Tax Levies: $ Donations: $ 425~734 * List Project Numbers: Other(Explain): $ 100,000 (Recreation Infra- structure Grant -2?Acquisition only) OWNERSHIP OF PROJECT SITE: Date Project Site was Acquired: 7/1/o0 (For Development Projects Only) If a/%er January 2, 1971, was acquisition m compliance with Public Law 91-6467 Yes x No (Uniform Relocation Assistance Act of 1970) SIGNAT[/RE: TITLE: ~la~or By signing this proposal, the applicant agrees to the terms and conditions contained in this Application and the attached General Conditions. 12 Section II - Application LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION Colm~: Dubuque WI~ERFMS, the City of Dubuque is interested in acquiring lands or developing outdoor recreational facilities on the following descril~l project for the enjoyment of the citizenry of Dubuque and the State Iowa. ProjectTitle: Riprow ~;alle? Recreation Area Total Estimated Cost: $ S730.734 BriefDescfipfion oft~oject: /Site preparation and development of four softball f~elds on the site of a former sulfur production plant, The development area borders the blufflands of the R~prow galley and the Miss~SS'ippi River, AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, be it resolved by the City of Dubuque described above be authorized, that the project AND, be it further resolved chat s~d Ci t~c ~ff Dubuque make application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 24 % of the actual cost of the project in behalf of said City of Dubuque AND, be it further resolved that said City of Dubuque cemities to the following: 1. That is will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project 5. That it will not dise~minate against any person on the basis of race, color, or natural origin in the use of any property, or faihire acqtdred or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations pmmalgated pursuant to such Act by the Secretmy of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate fiunncial records on the proposed project to substantiate claims for cost-sharing. Ttti$I$ TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City Counc,il at a legal meeting held on this 5th day of March ,2001 . (signature) (signature) Mayor City Clerk (tiae) (Uae) 15 Section HI - General Provisions PART D: Certification Regarding Drug-Free Workplace Requirements CHECK__IF THIS C. EK111,1CA TION IS FOR AN APPLICANT IVtIO IS AN INDllfID U.4L. (a) The graut~e cextifies that. as a conditic~ of the grant, he or she will not engage in the u~lawful manufacture. disUibution, dispensing, poss~sion, or use of a controlled substane~ in conducting any activity with ~e grant. Co) If convie/ed of a cr~ml,~! drug offense resu/ting from a viotatio~ eccurrh~ during ~ae cc~duct of any grant activity. he or s~ wil~ relx~t the convicti~, in wr~tl-5 within 10 caleudar days of~ ~ m ~ ~ offi~ ~ o~ designee, unless tl~ Federal agaml, ded~t.~ a central point for the receipt of such notices. When notice is made to such a c,~, ~t point, it shall include the identification number(s) of each affected ~rant. PART E: Certification Regatd~.g Lobbying Certifica~on for Conttact~, Grant% Loam, and Cooperative Agreements CHECK__IF CERllI, zCATION I~ FOR THE,,I~,'ARD OFANT OF THE FOLLOW1NG' AND THE AMOUNT EXCP. P.D$ $100,000: A FEDERAL GRANTOR COOPERATFv'E AGREtO/IENT; SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AG~NZ. CftECK__lF CERTI2ffCATION.l~ FOR THE AtVARD OF.,I FEDERAL LOAN EXCEED IN~ l.t-ll~ AMOUNT 0F$150,000, ORA SUBCrRANT OR SUBCONTR/iCT E~f'hT~DIN~ $100,000, UNDER THE LOAN.. The ~ ~ifies, to the best ofhia or her knowledge and belief, that:. (I) No Fedoral appropriated funds bare been paid or will be paid, by or on behaff of the uadorsignad, to any person for influencing or att~anp~ag to influence an officer or employee of ma agency, a/vlember of Congress, and officer or employee of Congm~, or aa employee of a M~nber of Coagr~ ia coanection with the awarding of any Federal contract, the roa~,g of any Federal ~tt, t~e m~lci,g of m~y Federal loan, the entering into of any coope~five agreement, and the extension, cont/nuat/o~ ~ewal, ameadme~ or mod/fication of any Federal contract, grant, loan, or cooporativ~ agreement. (2) If any fu-nd~ other than Federal appropriated fuuds have bee~ paid or xwill be paid to z~xy pexson for influencing or attempting to influeace an offic~ or employee of any ageucy, a Member of C~ugress, au officer or employee of Congxess, or an employee of a Memlber of Coogr~ss in conuectic~l with this Federal conlract, grant, loan, or cooperative agreem~L (~) The Ilndet~lled ~ha!l 1~I:1~ that the language of this cegific, ation be included in the award documents for all subawalds at all t/ers (hlcludillg StlbCOlltllic~ ~tlbgIalxls, ~ ~lx~ls lmder ~ loans, and coopgmlive at~eements) This e~xfif~5o~ i~ a material ~*i~ of fa~t upon which reliane~ was phae~ when ~ ~ ~ ~ or ~ into. Sub~ion of this ca~ifi~ti~m is a prerequisit~ for making or ~ntering ~ ~ ~a~a~fion imposed by Section 1352, t/fie 31, U.S. Code. Any person who fa/~ to file the requ/r~ cert/ficatioa shall b~ subject to a c/vil gemalty of not less than $10,000 and not mo~e than $100,000 for each such failure. As the authoriz~ ~ offichl, I hereby eortify that the above specified certifications are trae. SIGNATURE OF AI/i/-IORIZED C~RTIFY]NG OFFICIAL TYPEI)~AND'IIILE Terrance Duggan, Mayor DATE March 5r 2001 . Grading Field Rip Row Valley Softball Field Construction UNIT QUANTITY IJ~'iT COSTTOTAL COST Sub Total I 545,000.00 $45,000.00 Grading CY 24000 gl.S0 536.000.00 Fence, Remove g: Replace (Chain link) LF 680 55.00 $3.400.00 Seeding, Fertilizing SY 55000 g0260 533.000.00 Sub Total $72,400.00 Eacavte infield Base line (includes Limestone) Tons 3800 $I0.00 538,000.00 Fence Each 4 55,500.00 $2g,000.00 Sub Total $60,000.00 Playground Equipment Graded Stone Base 6' ACC Binder Course ACC Surface Course Curb Stop Pavement Marking (P~king Lot) Parking Lot Simplex Grinder Pump unit Curb Stop lsolatoin Valve Flushing MH Limestone Backfill Water Service Watermaln 4' Warermain 8' DIP, Push on Joint w/Poly~rp, Clas Fining gxSx4 NH Tee Backflow Bend 4' (11 [/4 deg) MJ Cap 8" MJ Valve, Gate (4") RS 'O" Ring MJ Valve, Gate (8") RS 'O' Ring M5 Limestone Batting Cages Remodel existing Sheid Garage Door Electrical Service And Lights Conduit 2" Conduit 5" Elecrrlcal Cable g 14 AWG 2C Shielded Street Light Pole Lights Pull Box Each I $50,000.00 $50,000.00 Ton 2000 58,00 5[6.000.00 Ton 790 $35.00 $27.650.00 Ton 790 $38.00 530,020.00 Each 167 $I2.00 $2.004.00 LS I $200.00 5200.00 Sub Total $75,874.00 Each I g3,500.00 $3,500.00 LF 1400 g14~00 519,600.00 Each I $150.00 5150.00 Each I $850.00 sg50.00 Each I S1,200.00 $1,200.00 Tons 2800 g6.00 $16,800.00 EAch I $300.00 S300.00 Sub Total $42,400.00 LF 180 S22.00 $3.960.00 LF 2250 g30.00 $67.500.00 Each I 5350.00 5350.00 Each I 5600.00 5600.00 Each [ 5200.00 $200.00 Each $200.00 $0.00 Each I $400.00 5400,00 Each 3 5700.00 $2,100,00 Tons 900 $6.00 $5,400.00 Sub Total 580,510.00 LS I $150.000.00 SI50,000.00 Each 2 $5.000.00 $10,000.00 Each 2 $300.00 $600.00 Each g $150,00 5450.00 LS I $4.000,00 $4.000.00 Sub Total $5.050,00 LF 2250 $12.00 $27.00000 LF 750 $22,00 $16,500.00 LF 4000 53.00 Sl2.000.00 Each 16 $3.000.00 $48.000.00 Each 16 g2.00000 $32.000.00 Each 8 $500.00 $4.000.00 Sub ToIa[ $139,500.00 Total S730,734,00 CITY OF DUBUQUE, IOWA MEMORANDUM Febmary 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Internet Banking Finance Director Kenneth J. TeKippe is recommending City Council approval of a resolution authorizing the use of Intemet Banking on behalf of the City. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Kermeth J. TeKippe, Finance Director TO: FROM: SUBJECT: DATE: CITY OF DUBUQUE, IOWA MEMORANDUM Michael Van Milligen, City Manager Kenneth J. TeKippe, Finance Director Internet Banking February 27, 2001 INTRODUCTION The purpose of this memorandum is to request City Council approval of the attached resolution authorizing the Administrative Services Manager, Finance Director and Assistant Finance Director to utilize Internet Banking on behalf of the City of Dubuque. BACKGROUND Banking technology currently allows for Interuet Banking. With an internet connection and Internet Banking we will be able to check balances, review deposit/withdrawal transactions of accounts since their last statement, determine if a specific check has cleared, transfer fm~ds between deposit accounts, verify interest earned and bank fees paid, etc. Internet Banking is user friendly and free at this time. Utilizing Internet Banking will increase efficiency through decreased phone calls and quick on-line access to information. It will provide 24- hour access to our accounts at financial institutions, which may be beneficial during work times other than the traditional banking hours. It appears most financial institutions will not require authorization; however, one of the primary banks we deal with regularly requires written authorization. Accordingly, we are preparing a resolution. DISCUSSION Attached is a resolution authorizing the Administrative Services Manager, Finance Director, and Assistant Finance Director as fiscal officers to utilize Internet Banking on behalf of the City. ACTION Please present the resolution to the City Council for consideration of approval. If there are any questions on the resolution, please contact me. Thank you for your assistance. KJT/gmm Attachment RESOLUTION NO. -01 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO UTILIZE INTERNET BANKING ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has established several bank accounts with local f'mancial institutions; and Whereas, the City of Dubuque fiscal officers review financial transactions periodically with the financial institutions; and Whereas, the City of Dubuque can improve access to information via Intemet Banking; and Whereas, the City Council has determined that the fiscal officers who may utilize Intemet Banking on behalf of the City of Dubuque are the Administrative Services Manager, Finance Director, and Assistant Finance Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Administrative Services Manager, Finance Director, and Assistant Finance Director are hereby authorized to utilize Intemet Banking on behalf of the City of Dubuque. Passed, approved and adopted this 5ta day of March, 200 t. Attest: Terrance M.Duggan, Mayor Jeanne Schneider, City Clerk City Clerk's Office 50 West 13th Street Dubuque, Iowa 520014864 (319) 589-4120 (319) 5894389O FAX February 28, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Water Distribution Foreman was conducted on February 13, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. WATER DISTRIBUTION FOREMAN Ken Massey Thomas Kopp Brian Kohn Paul Herman Respectfully submitted, Loras Klu~/,~e~, Chairperson Richard W~'~zber~- -,~ Civil Service Co~missi~n Service People Integrity Respor~sibility Innovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Purchase of Services Agreement - Project Concern, Inc. Acting Community & Economic Development Director Pam Myhre is recommending approval of an amendment to the Purchase of Services Agreement with Project Concern, Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Pam Myhre, Acting Community & Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM February 28, 2001 TO: FROM: SUBJECT: Michael Van Milligen, City Manag~~~~ PSeenl adi~Me~7::; cii~ga~ ~ °~~WjemDf~ff°r INTRODUCTION The purpose of this memorandum is to request approval of an amendment to the Purchase of Service Agreement with Project Concern, Inc. BACKGROUND In April 2000, the City Council approved the execution of a contract with Project Concern, Inc. to help provide information and referral services and child care resource and referral services to low and moderate income residents of the City of Dubuque. This agreement covers the provision of services for the current fiscal year. The City Council approved an amendment to the Community Development Block Grant (CDBG) FY 2001 Annual Action Plan on December 4, 2000. As part of the amendment, Project Concern was awarded additional funding of up to $3,700 for the preparation, publication and distribution of a downtown resource guide. The guide will provide information to low and moderate income persons on services available in the downtown community and will be distributed to eligible governmental and non-profit entities free of charge. This resource guide has been funded in the past through the neighborhood grants. RECOMMENDATIONS I recommend that the City Council approve the attached amendment to the Project Concern, Inc. Purchase of Service Agreement. The amendment will provide for payment to Project Concern, Inc. in the amount of $26,866 for the Information and Referral Program. The original agreement also provides for $8,163 for the Child Care Resource and Referral Program. ACTION STEP The action step for the City Council is to approve the attached amendment and authorize the Mayor and City Clerk to sign on behalf of the City. Prepared by Aggie Kramer, Community Development Specialist CITY OF DUBUQUE, IOWA AND PROJECT CONCERN, INC. PURCHASE OF SERVICES AGREEMENT AMENDMENT This Amendment to the Purchase of Services Agreement dated the 1st day of July, 2000 is entered into by and between the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (hereinafter referred to as "Recipient") and Project Concern Inc., with its principal place of business in Dubuque, Iowa (hereInafter referred as the "Subrecipient") WITNESSETH: Whereas, the Recipient awarded Subrecipient $23,166 in Community Development Block Grant (CDBG) funds for Information and Referral Services and $8,163 for Child Care Resource and Referral Services for the Fiscal Year beginning July 1, 2000 and ending June 30,2001; and Whereas, the Recipient has approved the request to amend said Agreement by providing up to $3,700 in additional fundIng for preparation, publication and distribution of a downtown resource guide by Information and Referral. Whereas, the Recipient has approved an amendment to the Community Development Block Grant FY 2001 Annual Action Plan on December 4, 2000 providing for the downtown resource guide funding. NOW THEREFORE, In consideration of the terms of the mutual agreements hereinafter set forth, the parties agree as follows; 1. That Section I. SCOPE OF SERVICES/CONTRACT TERMS, A. Informational and Referral is hereby amended to add the following: "10. To prepare, publish and distribute a downtown resource guide to inform low and moderate income persons on services available in the downtown community." 2. That the total cost of the services/contract for Informational and Referral will not exceed $26,866. 3. All other terms and conditions of the Purchase of Service Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendmant to the Purchase of Service Agreement as of the day of March, 2001. WITNESSED: CITY OF DUBUQUE, IOWA Jearme F. Schneider, City Clerk Terrance M. Duggan, Mayor PROJECT CONCERN, INC. Stephen Jacobs, Executive Director Date: November 13, 2000 To The Honorable Mayor and City Council Dubuque. Ia. 52001 Dear Council Members: I am hereby requesting a refund on BEER & LIQUOR COMBINATION LICENSE, License No. BC0023429 , issued on July 26r 2000 and expiring Jul~ 25, 2ool .. I discontinued business on October 31, 2000 and respectfully request you Honorable Body to grant me a refund of Respectfully Submitted. Mulgrew Oil Co. Name JFK Amoco Foodshop D/B/A 1701 John F. Kennedy Rd. Address of Business 42-042-7430 Federal Tax # or Social Security # MAIL CHECK TO: Mulqrew Oil Co. P.O. Box 894 DubuQue. Ia 52004.-Q~94 STATE OF THOMAS J. VILSACK GOVERNOR SALLYJ. PEDERSON LT. GOVERNOR DEPARTMENT Of COMMERCE ALCOHOLIC BEVERAGES DIVISION February 8, 2001 Mulgrew Oil Co 1701 John F Kennedy Rd, Dubuque, IA 520020000 RE: License/Permit No. BC0023429 Dear Licensee/Permittee: Enclosed is state warrant in the amount of $10.00 which was issued in payment of a refund on your Beer Permit Class C permit. Please apply to the CITY/COUNTY for their portion of the refund in the amount of $50.00. Very truly yours, Karen Freund Administrative Assistant Eric. cc: CITY CLERK/COUNTY AUDITOR C) ! 918 S.E. HULSIZER RD. / ANKENY, IOWA 50021-3941 / 515~281-7400 www. lowaABD.com RESOLUTION NO. -01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Co. Big 10 Mart+(Sunday Sale) 210 JFK RD Passed, approved and adopted this 5th day March, 2001 Attest: Terrance M. Duggan Mayor Jeanne F. Schneider CitY Clerk RESOLUTION NO. -01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. Dubuque Lodging Inc. Cue Master Limited Enke Investment Yardarm, Inc Galaxies Inc. Cue Master Billiards+(Sunday Sale) Finney's Bar & Grill+(Sunday Sale) The Yardarm+(Sunday/Outdoor Sale) Galaxies+(Sunday Sale) CLASS "B"(HOTEL/MOTEL) BEER/LIQUOR LICENSE Days Inn+(Sunday/Outdoor Sale) 1111 Dodge St CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE 900 Central Ave 2155 Southpark Ct 1201 Shiras Ave 3203 Jackson St Passed, approved and adopted this 5th day of March, 2001 Attest: Jeanne F. Schneider City Clerk Terrance M. Duggan Mayor