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2001_03_19 City Council Agenda
ORDER OF ROLL CALL FOR MEETING OF 3/19/01 CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, MARCH 19, 2001 5:00 P.M. - DINNER - LIBRARY ROTUNDA NICHOLSON ROBBINS BUOL CLINE DUGGAN MARKHAM MICHALSKI 5:30 P.M. -TOWN CLOCK PLAZA DESIGN - LIBRARY AUDITORIUM 6:30 P.M. - REGULAR MEETING - LIBRARY AUDITORIUM INVOCATION Sr. Marilyn Schlosser, OP, Chaplain, Mercy Medical Center CONSENT ITEMS (See Pages 7-11) The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. BOARDS/COMMISSIONS Interviews for the following Boards/Commissions: Civil Service Commission (One Vacancy): Applicant: Merle J. Duehr, Jr. Mechanical Code Board (Two Vacancies): Applicants: David W. Grothe, Tom W. Giese EM and Comm ~1 and Comm Duehr Application Hechanical Apps Cover Sheet Ust PUBLIC HEARINGS SUSPEND THE RULES 2728 Asbury Road - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 2728 Asbury Road from R-1 Single-Family Residential District to OC Office Commercial District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2728 Asbury Road from R-1 Single-Family Residential District to OC Office Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A 2728 Asbury-ZAC 2728 .a~ury - 27~8 Asbury - 2728 Asbury 2728 Asbum7 - OC 2728 Asbury Map 2728 Asbury Site Ltr Staff Report Ordinance Agreement Text Plan 2728 Asbury 2728 Asbury - ApplicaUon Letters Residential Parking Permit District (Tabled at December 4, 2000 Meeting) City Manager submitting various alternatives for a Residential Parking Permit District in the Senior High School area and recommending that a public hearing be set for May 7, 2001. Suggested Disposition: Receive and File; Council Direction; Public Hearing 5/7/01 RPPD - MVM RPPD - Staff Memo Memo Leasing of Golf Carts Proof of publication on notice of hearing and City Manager recommending approval of an agreement between the City and Harris Golf Cars (Yamaha Motor Corporation, U.S.A.) for leasing forty new golf carts for a five year period at a cost of ~ 113,000. Suggested Disposition: Receive and File; Approve Agreement Golf Carts - HVM Golf Carts - Staff Golf Carts - Lease Golf Carts - Memo Memo Exhibit A 2 m Mississippi River Discovery Center Utility Relocation 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 for the Mississippi River Discovery Center Utility Relocation Project to McDermott Excavating in the amount of 9369,864.50. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to McDermott Excavating in the amount of 9369,864.50 Suggested Disposition: Receive and File; Adopt Resolutions Discovery O~ - Discovery Ctr- D~covery Err Discovery Ctr- Discovery Ctr - MVH Memo Staff Hemo Resolution Award Bid Tap REINSTATE THE RULE LIMITING DISCUSSOIN TO COUNCIL ACTION ITEMS Hearing on Penalties for Tobacco Permit Holders City Manager recommending that hearings be held on the assessment of a civil penalty of 9300 against Five Points Mart, 405 Rhomberg; Eagle's #130, 1800 Elm Street; Hartig Drug, 157 Locust Street; Busted Lift, 180 Main Street; Cue Master Billiards, 900 Central Avenue; Instant Replay, 1602 Central Avenue; Madhatter's Inc., 1091 Main Street; Oky Doky Foods, 1101 Rhomberg; Shannon's Bar & Grill, 521 East 22"d Street; Grandview Milkhouse, 620 South Grandview; and Dubuque Inn, 3434 Dodge Street. Suggested Disposition: Receive and File; Approve Assessments PenaliZes - St~fl= Heal(man Lb Hemo Loan Program - Old Main Property and Business Owners City Manager recommending development of a small business loan program to assist Old Main business and property owners affected by the order to vacate. Suggested Disposition: Receive and File; Approve Loan program - Loan Program - MVIH Memo Staff Memo 3 = Amendments to the Historic Preservation Ordinance (Final Reading) ORDINANCE Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Motion A (Final Reading) HPC Let~r HPC Ordinance HPC Ordinance HPC Summary Revisions Establishing Fair Market Value - The Aspermont Company (Brewery Property) City Manager recommending establishment of the Fair Market Value for the acquisition of certain real property owned by The Aspermont Company (Brewery Property). RSOLUTION Establishing Fair Market Value for the acquisition of certain real property owned by The Aspermont Company Suggested Disposition: Receive and File; Adopt Resolution Aspermont - Aspermont Aspen'nont - Urban Renewal Resolution MVM Memo Resolution Legal Description P!an #241-00 Request for Proposals - Mississippi River Education Center City Manager recommending approval of a Request for Proposal (RFP) for architectural/engineering consulting services for the Education and Conference Center within the Fourth Street Peninsula. Suggested Disposition: Receive and File; Approve RFP - MVM Memo RFp - Sb3tf Memo RFP RFP Exhib~ A PJ=P - Exhib~ C RFP - Exflibit D RFP - Timeline Cooper Wagon Works Building - Downtown Rehabilitation Loan City Manager recommending approval of a request from The Cooper Development Company, LLC for funding from the City's TIF-funded Downtown Rehabilitation Loan Program to renovate the former Cooper Wagon Works Building at 390 Main Street. RESOLUTION Authorizing a letter of commitment and additional actions concerning a downtown rehabilitation loan to the Cooper Development Company, LLC Suggested Disposition: Receive and File; Adopt Resolution Cooper ~ ~ Coop~ - Staff Cooper Cooper - Cooper - ~emo Memo Res~tfdon Commitment L~' ~J~n~ Ran Town Clock Building Company - Downtown Rehabilitation Loan City Manager recommending approval of a request from Town Clock Building Company (Cottingham & Butler, Inc.) for funding from the City's TIF-funded Downtown Rehabilitation Loan Program to renovate the Town Clock Building at 835 Main Street. RESOLUTION Authorizing a letter of commitment and additional actions concerning a downtown rehabilitation loan to Town Clock Building Company Suggested Disposition: Receive and File; Adopt Resolution Town Oock - Town Clock - Town Clodc Town Oock - Town Oook - MVM Memo Staff Memo Resolut~n Commitment Ltr Application Cottingham and Buffer Insurance Service, Inc. - CEBA Application City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Cottingham & Butler Insurance Service, Inc. RESOLUTION Authorizing the filing of a Community Economic Betterment Account (CEBA) application on behalf of Cottingham & Butler Insurance Service, Inc. Suggested Disposition: Receive and File; AdOpt Resolution CEBA - NVM CEBA - Staff CEBA Reso[u,'do~ CEBA Applk:ation Memo Memo COUNCIL MEMBER REPORTS 5 ITEMS TO BE SET FOR PUBLIC HEARING Mt. Carmel Sanitary Sewer Project City Manager recommending initiation of the bidding process for the Mt. Carmel Sanitary Sewer Project and that a public hearing be held on April 16, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Preliminary approval of Resolution of Necessity for project RESOLUTION Setting date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids RESOLUTION Authorizing eminent domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Mt. Carmel Sanitary Sewer Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/16/01 Mt Carme~ - MVM Mt. Carmel - Mt. Carmel Mt. Cannel Memo Staff Memo Resolutions Assessments Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield, from Dock to Fengler City Manager recommending initiation of the bidding process for the Sanitary Sewer Reconstruction Project in the alley between Rhomberg and Garfield, from Dock to Fengler and that a public hearing be held on April 16, 2001 RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/16/01 Alley Sewer - Alley Sewer - Alley Sewer - HVM Herno Staff Herno Resolutions 6 Lease to Telecorp Realty City Manager recommending that a public hearing be set for April 2, 2001 to consider a lease between the City of Dubuque and Telecorp Realty for the placement of a telecommunications tower on the Third Street Water Tower. RESOLUTION of the City's intent to dispose of interest in property described in a lease between the city of Dubuque, Iowa and Telecorp Realty, LLC for the installation and operation of a wireless telecommunication facility Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/2/01 Lease - MVM Lease - Staff Lease - Lease Agreemen~ Memo Memo Resolution CONSENT ITEMS Minutes Submitted Airport Commission of 2/26; Cable Community Teleprogramming Commission of 3/6; City Council Proceedings of 2/7, 2/15, 2/21, 2/26; 2/27, 2/28, 3/5, and 3/6; Historic Preservation Commission of 2/24; Library Board of 1/25; Joint City/County Planning Committee of the Long Range Planning Advisory Commission of 2/26; Park and Recreation Commission of 2/13; Zoning Board of Adjustment of 2/22 Proof of publication of Council Proceedings far 2/15, 2/19, and 2/21 List of Claims and Summary of Revenues for month ending January 31, 2001; City of Dubuque Financial Reports for the month ending February 28, 2001. Cable TV Council 2-7 Council 2-~.5 Coundl 2-26 Council 2-27 Council 2-28 Coundl 3-5 Council 3-6 HPC 2-14 library Bd 1-25 LRPC 2-26 ZBA 2-22 Suggested Disposition: Receive and File 7 Notice of Claims/Suits Associates Home Equity Services, Inc., Armella Meyer in undetermined amount for property damage; Kathleen McMullen in estimated amount 9193.88 for vehicle damage; Mi-T-M Corp in estimated amount of 91,304.81 for vehicle damage; Public Improvement Claim of Reliable Plumbing, Inc., for City Hall Remodeling Exterior Work Suggested Disposition: Receive and File; Refer to Legal Department 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: Kevin Ament for vehicle damage; Ryan Foley for vehicle damage; Carol A. Friedman for personal injury; James and Mary Kress for property damage. Corporation Counsel recommending denial of the claims of Bill Meyer for vehicle damage and Robert Micheis for vehicle damage. Corporation Counsel recommending settlement of the claim of Kathleen McMullen in the amount of 9193.88 for vehicle damage and that the Finance Director be directed to issue the appropriate check. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Check C~aims -[CAP Claims - Denials Oaims - Settlement Citizen Communication Communication of Mr. and Mrs. Peter J. Eisbach regarding repair of the Hodgden Street Steps. Suggested Disposition: Eisbach Lb' Receive and File 8 Iowa League of Cities Communication from the Iowa League of Cities advising that Sioux City was chosen to host the 2004 League meeting. Suggested Disposition: Receive and File Iowa League Ltr = Villa, Florence and Mountain Lane Sanitary Sewer - Acceptance City Manager recommending acceptance of the Villa, Florence and Mountain Lane Sanitary Sewer Project in the final contract amount of $179,767.53 and approving the preliminary final schedule of assessments. RESOLUTION Accepting improvement for project RESOLUTION Approving final contract amount of 9179,767.53 RESOLUTION Approving preliminary final schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions Villa - MVM Villa - Staff Villa - Resolutions Villa - Memo Memo Assessments Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II - Acceptance City Manager recommending acceptance of the Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II Project in the final contract amount of 63,307.91. RESOLUTION Accepting improvement for project RESOLUTION Approving final contract amount of 963,307.91 Suggested Disposition: Receive and File; Adopt Resolutions Olympic Heights - Olympic Olympic Heights MVM Memo Heights-staff Men ResoluUons 9 Se Long Range Planning Advisory Commission Communication from Laura Carstens, Planning Services Manager, advising of the resignation of Steve Cooper from the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File Resignation - Conper Letter Staff Memo Dakota, Minnesota and Eastern Railroad Communication of City Manager to Victoria Rutson, Environmental Project Manager, regarding the Dakota, Minnesota and Eastern Railroad. Suggested Disposition: Receive and File Railroad Letter Railroad Maps 10. Deer Management Plan Communication from the Environmental Stewardship Advisory Commission and City Manager recommending continuation of the deer management program as outlined in the attached Deer Management Plan Suggested Disposition: Receive and File; Concur Deer Mgmt - Deer Mgmt - Deer Plan Deer Mgmt Plan Deer Population Deer Mgmt MVM Memo Staff Memo Amendment Survey Deer Mgmt ESAC L~' Fiscal Year 2001 Annual Action Plan - Amendment #4 City Manager recommending approval of Amendment #4 to the Community Development Block Grant (CDBG) Fiscal Year 2001 Annual Action Plan to provide for additional improvements to Flat Iron Park. RSOLUTION Approving Amendment #4 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds Suggested Disposition: Receive and File; Adopt Resolution 10 11. 12. 13. Action Plan - Ac'don Plan - Action Plan ,~tion Plan - HVN Memo Staff Hemo Resolution Exhibit A Renewal of Section 8 Program Contracts City Manager recommending approval for the renewal of the annual contributions contract with the US Department of Housing and Urban Development (HUD) for expiring Section 8 Moderate Rehabilitation Program units. Suggested Disposition: Receive and File; Approve Section 8 - MVM Seddon 8 - Staff Section 8 Memo Memo Contrac: US Army Corps of Engineers - Public Notice Notice from the US Army Corps of Engineers regarding a proposed project by Peavey Company to expand an existing commercial docking facility on the Mississippi River. Suggested Disposition: Receive and File US Army Corps Letter Business Licenses RESOLUTION Granting issuance of a Class "B" Beer Permit to 8th Inning and a Class "C" Beer Permit to Arby's Q Mart RESOLUTION Granting issuance of a Class =C" Beer/Liquor License to P.J. Tap, Dubuque Greyhound Park/Casino, The Busted Lift, Eagles Club #568, Kat's Pub, and Knights of Columbus Council #510 Suggested Disposition: Adopt Resolutions Beer Resolution Liquor Resolution 11 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 15, 2001 12 VACANCIES AND APPLICATIONS FOR CITY OF DUBUQUE BOARDS AND COMMISSIONS For Council Meeting of Monday, March 19, 200'/ 6:$0 P.M. Public Library Auditorium APPLICANTS ARE INVITED TO ADDRESS THE COUNCIL .......... ON THEIR POSSIBL.E APROINTMENT. CIVIL SERVICE COMMISSION Four year term which will expire 4-06-05 (Term of M. Duehr, Jr.) VACANCY APPLICANT: Merle J. Duehr, Jr., 1611 Garfield Ave. MECHANICAL CODE BOARD 1 Three yearterm which will expire 3-16-02 (Sheet Metal Worker, Term of Grothe) ~ Three year term which will expire 3.16-02 (Sheet Metal Worker, Term of Giese) 2 VACANCIES Sheet Metal Workers David W. Grothe, 2544 Elm Tom W. Giese, 1220 Valentine, 52003 Ci of Dubuque Boards and Commissions (Apptd.) Bfiana Tully (Yosth) 06-01-01 HISTORIC PRESERVATION COMMISSION~M&M31r~SION ~ Ap@t. 3 Yr. Term, Meet 1st & 3rd Pamela Bradford ON. 11th) 07-01-01 Suzanr~e M. Guinn (Jackson Pk) 07-01-01 Audrey Henson (Old Main) 07-01-02 *Terry L. Mo;~e~ (Langworthy) 07-01-02 Christopher J. Wa~d (Arch/At Large) 07-01-02 Kenneth C. KrJngle (Cathedral) 07-01-03 Jim Gibbs (At Large) 07-01-03 HOUSING COMMISSION 3 Yr. Tem~, Meet 2nd Tues. 4:30 p.m. David A. Prsgler (At Lg) 05-21~2 REVISED: 2-20-200t E COMMISSION, Mee~ 3rd Wed, 7 p~, ~b (At Large) 11 ~32-00 (MaSt~) 11-02-02 CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards and Commissions play an important role in advising the Council on matters of interest to our community and its future. The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: February 5, 2001 ADVISORY BOARD/COMMISSION APPLYING FOR: Civi 1 Servi ce NAME: Merle ,1. Du~hr, Jr. ADDRESS: 1611 Garfield Ave. Dubuque~ Ia. 52001 BUSINESS~]nited Steelworkers ADDRESS:1610 Garfield AVe. Dubuque, Ia. 52001 OCCUPATION: Business RepresentativePOSITION WITH COMPANY: same as occupation HOMEPHONE 319-582-3989 BUSINESS PHON~ 319-582-6970 -~ EXPERIENCE~ EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ CO/~ISSION: I have held the elected position of Business Representative for USWA Local~ 1861 for ten years. ~Da~l.v I deal wi'th various issues that relate to people in the workforce. Prior to being elected to my p~esent position, I worked at Flexsteel Industries for 21 years. I have served two prior terms on this commission and have served as chair until last year. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) Since serving on the commission for two prior terms, I.have developed know- ledqe of Chapter 400. I also deal daily with similar issues relating to people and potential problems. I understand the importance of fact versus emotion. LIST TWO REFERENCES: NAME: Jim Feehan ADDRESS: 1951 Madison~ Dbq. 319-556-3559 NAME: Wayne Laufenber§ ADDRESS: 1610 Garfield Ave. Dbq. ~19-~3-0122 Specific attention should be directed to possible conflict of interest. For further clantica~;~if a ~uati~n~i arises, contact the appropriate Staff personnel or Legal Staff. ~ ~ Are you currently serving on a City Board or Commission: Yes- Civil Ser..vice -¢~ F~ If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuaue, IA 52001 ~ hone. 589-4120, ALL NAMES WILL BE DROPP, ED FR..OM THE LIST AFTER A ONE YEAR PERIOD~. ' ADMINISTRATION § 2-187 ARTICLE V. CIVIL SERVICE COMMISSION~ Sec. 2-178. Applicability; Provisions To Comply With Statutes: The provisions of this Article shall apply to those persons enumerated in Code of Iowa sec- tion 400.6 and shall be in accordance with the laws of the State. (1976 Code, § 2-178) Sec. 2-179. Created: A Civil Service Commission is hereby created under and in accordance with the provisions of chapter 400 of the Code of Iowa. (1976 Code, § 2-179) Sec. 2-180. Qualifications Generally: Civil Service Commissioners must be citizens of Iowa, eligible electors as defined in chapter 39 of the Code of Iowa, and residents of the City preceding their appointment, and shall not hold or be a candidate for any office of.public trust. The Human Rights Director shall, ex officio, be a member, without vote, of the Civil Service Commission. Civil Service Commissioners shall not buy from, sell to, or in any manner become parties, directly, to any contract to furnish supplies, material, or labor to the city in which they are Commissioners. (1976 Code, § 2-180) Sec. 2-181. ApPointment; Term: The Mayor, with the approval of the Council, shall appoint three (3) Civil Service Commis- sioners who shall hold office, one until the first Monday in April of the second year, one until the first Monday in April of the third year, and one until the first Monday in April of the fourth year, after such appointment, whose successors shall be appointed for a term of four (4) years. (1976 Code, § 2-181; Ord. 17-98, § 1, 3-16-1998) Sec. 2-182, Compensation: The Civil Service Commissioners shall serve without compensation. (1976 Code, § 2-182) Sec. 2-183. Chairperson; Clerk: The Civil Service Commission shall elect a chairperson from among its members and the City Clerk shall be the clerk of the Commission. (1976 Code, § 2-183) Sec. 2-184. Council To Furnish Meeting Room, Equipment, Recorder:. The Council shall provide suitable rooms in which the Civil Service Commission may hold its meetings and supply the Commission with all necessary equipment and a qualified short- hand reporter to enable it properly to perform its duties. (1976 Code, § 2-184) Sec. 2-185. Record Of Meetings, Personnel To Be Kept: The Civil Service Commission shall keep a record of all its meetings and also a complete individual service record of each civil service employee which record shall be permanent and kept up-to-date. (1976 Code, § 2-185) Sec. 2-186. Applicants To Be Examined: Examinations for the positions in the City civil service shall be applicable to and required of all applicants in accordance with the Civil Service Law, namely, I.C.A. chapter 400. (1976 Code, § 2-186) Sec. 2-187. Examinations To Be In Accor- dance With Statutes; Qualified Persons To Be Certified: The Civil Service Commission shall conduct examinations in accordance with the provisions 1. I.cA. § 400.1 et seq. Supp. No. 37 83 on matters of interest to our community and its future. CITY OF DUBUQUE, IOWA BOARD/COMMISSIONAPPLICATION Individuals serving on Boards and Commissions play an important role in advising the Counc~ ~o The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting~ Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: ~ ~ i'~ -O~ ADVISORY BOARD/COMMISSION APPLYING FOR: BUSINESS:~I~ ~I~C~t~ /~ ADDRESS: ~tZ~ OCCUPATION: POSITION WITH COMPANY: ~ ~- HOME PHONE: ~- ~.~ ~ BUSINESS PHONe ~PERIENCE, EDU~ION ~ND T~INING WHICH YOU FEEL QUALi~O~ FOR [HIS BOA~/ WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) COI,~"[P,.,PlO'~'~ ~:~:L.I~3~ F~) 'C~'~ LIST TWO REFERENCES: NAME: ADDRESS: ADDRESS: Are you currently serving on a City Board or Commission: /q FC; H/~ %C~R L If qu.~e~. :ons, cont~t~ ClerR~s~Office, Ci~ Hall, 13th & ~n~l, Dubuque, IA 52001 Phone. 58~1~; ALL ~ES W~L~BE DROPPED FROM THE LIST A~ER A ONE Y~R PERIOD. ..... SIGNATURE / Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION Individuals serving on 8oards and Commissions play an important role in advising the Co~u~il on ma~e~ of inter~ to our communi~ and i~ ~ture. ~ lhe City Cle~'s Office, Ci~ Hall, accep~ applications for any 8oard and/or Commi~ion at any ~e, and that applimtion s~y~ active for one ~ear ~om the date of receipt in ~e Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: ADVISORY BOARD/COMMISSION APPLYING FOR: NAME: ~)~ ~/~/. C,~¢~ ~_ ADDRESS:. BUSINESS: .p~&,/.:.ge-, ADDRESS: ~",~'-'- ~:~-,~/.~,.~ ~ ~CUPATION: ~Z~ POSITION WITH COMPANY: ~Z~ ~ HOME PHONE: ~ ~ ~, BUSINESS PHONE: ~ ~ ~PERIENCE, EDU~TION AND T~INING WHICH YOU FEEL QUALI~ YOU FOR THIS BOARD/ COMMISSION: ~ /~*~/ ~o~~ //~ ~ ~., C~~ C~/. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ~r~ ~ ,AJo~ .~'~ -~ ~/,~,~u,~~_ .,~.~, E~ LIST TWO REFERENCES: NAME: /~c,~ ~co~ ADDRESS: ?l~ NAME:. ~,c-~/--/- C~,~( & ADDRESS: ~ Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 Phone: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. HEATING, AIR CONDITIONING AND VENTII~TING § 24-2 Sec. 24-1. Uniform Mechanical Code- Adopted: Except as hereinafter added to, deleted, modi- fied or amended, there is hereby adopted by reference as the mechemical code of the City that certain mechanical code known as the Uniform Mechanical Code, 1997 Edition, includ- ing the 1997 Mechanical Code Appendices as prepared and edited by the International Con- ference of Building Officials of ~Vhittier, Call- fornia, and the provisions of such mechanical code shall be controlling for the installation, maintenance and use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances within the corporate limits of the City and shall be known as the "Dubuque Mechanical Code". A copy of the Uniform Mechanical Code, 1997 Edition, as adopted, shall be on file in the office of the City Clerk for public inspection. (1976 Code, § 19-1; Ord. 45-90, § 1, 5-21-1990; Ord. 101-99, § 1, 11-15-1999) Sec. 24-2. Uniform Mechanical Code- Amendments: The code adopted by Section 24-1 of this Chapter is hereby amended as provided in this Section: Sec. 203. Section 203, "Board of Appeals" is hereby amended by repeaLLug such section and replacing such section with a new section in lieu thereof as follows: Sec. 203. Mechanical Code Board. (a) Board established. In order to determine the suitability of alternative materials and methods of installation, to provide for reason- able interpretations of the mechanical code, to serve as an appeal body for the decisions of the building official, to advise the city council on all heating, ventilating, air conditioning and refrig- eration regulations and procedures, and to pro- vide for examining applicants for certification of competency and issuing certificates of compe- tency and registration, there is hereby created the mechanical code board. (b) Membership. The mechanical code board shall consist of seven (7) members appointed by the city council. A member shall have a back- ground or experience in sheet metal contract- ing, hot water and steam-fitting contracting, hot water and steam-fitting work, refrigeration contracting, refrigeration work, or mechanical (c) Term of office. The term of office of all board members shall be three (3) years. (d)Rules and regulations. The board shall make such rules and prescribe such procedures as may be reasonably necessary for its opera- tion, except that such rules shall include the following: (1) Tlie chairperson of the board shall be a member of the board elected annually by a majority of the board. (2) The building official, or the building official's designee, shall be secretary of the board. The secretary shall arrange for meetings and prepare and keep such minutes and records and perform such other clerical work as the board may direct. (3) Four (4) members shall constitute a quo- rum. The concurring vote of four (4) members of the board shall be necessary to pass any motion. (4) Upon completion of the term of office, members of the mechanical code board shall continue to serve in their full ca- pacity until their successor has been duly appoin~bd. (5) The mechanical code board shall meet at least once every three (3) months upon call of the chairperson, secretary or city manager. Members of the mechanical code board shall attend at least two- thirds (2/3) of all scheduled meetings within a twelve-month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to Supp. No. 44 1477 Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4221 March 14, 2001 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 Applicant: Location: Description: Calvary Baptist Church - Robert Mace, Pastor 2728 Asbury Road To rezone property from R-1 Single-Family Residential District to OC Office Commercial District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, indicating that the property has bean for sale for over a year. He noted that it is difficult to find a use for the site that can utilize four acres and the buildings on the site and still be compatible with the neighborhood. The applicant reviewed a preliminary site layout. He reviewed types of businesses that may be interested in the property. Staff reviewed the surrounding zoning and land use and the intent of the OC Office Commercial District. The Zoning Advisory Commission discussed the request, noting that redevelopment of the property mn a manner that is compatible with surrounding property would benefit the community. The Commission reviewed traffic, parking and screening issues. The Commission discussed permitted uses in the OC District, and then debated potential conditions that would mitigate possible negative impacts. The consensus was that prohibiting bars and taverns would benefit the neighborhood. Commissioners also agread that the existing buildings should remain, and not be allowed to be demolished for a new development, to meet the intent and purpose of the OC district. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request with two conditions: 1) 2) Bar/taverns are prohibited. Demolition of.existing structures is prohibited, except as indicated by the dashed lines on the preliminary ~ite plan dated 2/20/01. A simple majodty vote is needed for the City Council to approve the request. Respectfully submitted, E~u g~ee ~, ~h/a~/~on Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Laura Camtens~ City Planner Address: 50 W. 13th St.~ City Hall Telephone: 589.42t0 ORDINANCE NO. -01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2728 ASBURY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to OC Office Cormne~ District, wffi~ conditions, to ~c Lot I of Lot 1 of Lot 2 of Saint Rose Place, and to the centerline of the adjoining public right-of-way, ail in the c~ of Dubuque, Iowa. Secaon 2. The foregoing amendment has heretofore been reviewed by the Zoning ~ C~.~-~ssion of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved ~ adopl~ this day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning Lot I of Lot I of Lot 2 of Saint Rose Place, and to the centedine of the adjoining public fight-of-way, all in the C~y of Dubuque, Iowa. which is the subject of Ordinance No. -01, a copy of which is attached heret~ and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: Performance Standards. The following performance standards shall apply to the subject pmpe~:y: 1) 8ars/tavems are prohibited. 2) Demolition of existing structures is prohibited, except as indicated by the dashed lines on the preliminary site plan dated 2/20/01. s) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single-Family Residential Zoning District (which rezoning will include the removal of the performance standards in Section A above) if the propeK7 owner fails to complet~ any of the conditions or provisions of this Agreement. Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Coundl of Dubuque, Iowa. Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. -0!. Construction. This Agreement shall be construed and interpreted as though it were pert of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. -01 I, Robert Mace, Pastor, representing Cah~l'y Baptist Church, property owner, having read the terms and conditions of the foregoing Ordinance No. -01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Oubuq~, iowa this day of ,2001~ Robert Mace, Pastor Calvary Baptist Church ACCEPTAJ~CE OF ORDINANCE NO. - 01 We, Thomas Kane, 3oseph Small and Mark Tressel, representing Fountain Park, LLC, having read Vne terms and conditions of the foregoing Ordinance No. -01, and being familiar with the conditions therefore, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of .2001. FOUNTAIN PARK, LLC Thomas Kane Joseph Small Mark Tresset Dubuque IA $2001. Phone: Conditional Use Parmi~ Limited Setback Waiver PLANNING APPLICATION FORM ~. Rezonin9 [] Planned Olstrlc~ o Preliminary Plat o Minor Fie-hi Plat c; Text Amendment S~mple Site Plan Minor Site Plan Major Site PLan Major Final Plat Simple Subdivision A~nexe~on Temporary Use Permit Cer~i~¢ate oi' Appropriateness Celibate of Economic Hardshi~ O~hen PLEASE TYP¢' OR PRINT L~GIBLY.tN INK Proper~y Owner(-,-): Ca]va[y Baptist Churc.h. Address: 2728 Asburty Road Dubuque Phone:~319-556-7090 Stale: [ova Zip:, 52001 ,. Number: . Mcbile/Cellu!ar Number: Baptist Appl~nUA~ent: .ualvaw Church Address: 2~,28 AsbuW Road c6/: ~b~ue 319-566-7090 Phone: State:Iova Zip: 52001 Mobile/Cdluler Number, F-~ Number; $itc Iccafiordaddrees:_._ .2728 Asbury Road E~sting zoning: R1 Proposed zoning: ~ Hbloric diOri~ ~ Landman: Legal descrfpdon (Sldwe~l Par:e~ fD number or lot numberfblo~ numbertou~b'ision):¢lO-~-252%~2 ~t 1-l-2 St. Rose Place T~a~prope~ (lo0 area ($quzre feet or 8ares}: ~p~x. 4 ac~ Number of IDle: 1 Des¢ibe proposal mhd ~e~son ne¢essamJ (aKac:q a leper of exCanm~on, if needed): (oq back) GERTIF!CATION: I/we, ,*he undersigned, do hereby The Mfarmatlon submi~ed hereln is f, rue end correc~ ~o Ihe bC~t of my/,*ur knowtedga and upon 2. Fees are not refundable and payment deea ¢~'t ~uarantee approval: end 3, Ail ad¢it~nal ~qu~red ~en eno ~raon[~ materi~Is ~re ~aOed. Appllcan~A~ent: ~ ~ Data:/- & 9 - ~/ ~ Prope~ ewnorship list o ~i~e/ske~ch plaq~ F~2lan ~ Plat o Conceptual d~elcpment pbn The Calvary Baptist Church has entered into a sale of our property locited at 2728 Asbury Road. to a partnership of three loca] bus~nessm~n. The proposed sale has a zoni~ contingency of obtaining OC - Office/Carmercial zoning for the property. It is our understanding that the buyers are proposing to renovate the main b,~ildings (Dormitory, Mansion and Church) and develop an office park and related businesses. Currently the north side of Asbury Road from Clarke Drive %o Woodlawn has no single family residential properties included and therefore,we feel the proposed zoning change confoms to the trend of the neighborhood~ Stories @ 4368 sq.ft. 8736 sq.ft. Stories @ 7396 sq.it. 29,584 sq.ft. Stories @ 1144 sq.ft. 3,432 sq.ft. Stories @ 3478 sq.ft. 6,956 sq.ft. Story @ 1,596 sq.ft. Stories @ 3180 sq.ft. 6,360 sq.ft. REZONING STAFF REPORT Zoning Agenda: March 7, 2001 Property Address: Property Owner:. Applicant: 2728 Asbury Road Calvary Baptist Church Kane Appraisals Proposed Land Use: Existing Land Use: Adjacent Land Use: Former Zoning: Office/Commercial Church North - Religious/multi-family East- Institutional South - Single-family Residential West- Religious 1934 - Single-Family 1975- R-2 1985- R-1 Proposed Zoning: OC Existing Zoning: R-1 Adjacent Zoning: North - R-l/PR East - Institutional South - R-1 West - R-1 Property History: The subject property has been used for a variety of religious functions, including a convent. Physical Characteristics: The subject property is approximately four acres in size and has frontage on Asbury Road. The property currently has two accesses to Asbury Road. The front third of the property drains toward Asbury Road, while the back two- thirds of the property generally slopes to the northeast. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not designate this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Asbury Road is classified asa minor arterial and carries approximately 13,500 vehicle trips per day. Chaney Road is classified as a collector street and carries approximately 3,300 vehicle trips per day on the north side of Asbury Road, and 1,300 vehicle trips per day on the south side of Asbury Road. Public Services: Existing public services are adequate to serve the site. REZONING STAFF REPORT Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of parking lot construction and adequate storm water control is provided. Adjacent Properties: The major impact to adjacent properties will be an increase in the volume of traffic entering and leaving the site, once it is fully developed for office uses. CIP Investments: None proposed. Staff Analysis: The applicants are requesting rezoning of the subject parcel from R-1 Single-Family to OC Office Commercial District. The OC Office Commercial District is, in part, intended to be located in historic and/or architecturally significant areas, where the adaptive re-use of existing buildings is encouraged, and along artedal and/or collector streets, which are suitable for more intensive commercial development. Attached to this staff report is a copy of the OC Office Commercial District. The applicants are proposing redevelopment of the Calvary Baptist Church property to provide for a restaurant in the existing church, convert the old mansion to professional off~ces and convert the balance of the buildings on the subject parcel to additional office space. A preliminary layout of the proposal is included in the Commission's packet. The office uses are a permitted in the OC District, while the restaurant would require a conditional use permit from the Zoning Board of Adjustment. Access to the property is by means of two existing curb cuts, both on Asbury Road. The applicant's preliminary site plan utilizes these two curb cuts for access to all parking proposed for the development. Asbury Road is classified as a minor arterial and the designated volume of traffic is 13,500 vehicle trips per day. A traffic signal was installed at the intersection of Asbury Road and Chaney Road to aid in getting vehicles across Asbury Road in a safe manner. Planning staff has used the Institute of Transportation Engineers Trip Generation Manual to estimate average vehicle trips from the proposed development: Based on 56,600 square foot of office space, approximately 844 average vehicle tdps per day would be generated. This represents approximately a 7% increase in the average vehicle trips on A~bury Road. This calculation was based on 250 studies compiled by the Institute of Traffic Transportation Engineers for general offices. It entails estimating the number of employees per 1,000 square foot of gross floor area, and then applying a rate of 4.22 trips per employee to derive the 844 average vehicle trip estimate. This is the best estimate that can be provided at this time without knowing more details about actual office space square footage and employees. Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for evaluating rezoning requests. Prepared by: Reviewed:~V/~- Date: ~,~/~ Du54g CH-O1.TXT (I) 3-2.3. OC Office Commercial District. (A} General purpose and description. The office commercial district is intended to encourage and permit the establishmem of commercial business uses in mixed use specialty areas. This district is intended to be located in areas which have developed, or axe appropriate to develop, as limited retail districts. This district is also intended to be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive ret~ of existing bulldln~ is encouraged, in areas of particular tourist interest and along arterial and/or collector sheets which are suitable for more intensive commercial developmem. (B) Principal permitted uses. The following uses shall be permitted in the OC District: (1) One- and two-family dwelling ,,nits within existing structures only-[9]. (2) Multi-family dwelling units within existing structures ouly-[9]. (3) General offices-II4] (4) Churches, convents and monasteries-[7] (5) Schools of private imm~tion-[4] (6) Noncommercial art galleries, museums and libraries-[ 13] (7) Barber/beauty shops-[ 16] (8) Artist studio-J5] (9) Photographic studios-j23] (I0) Bakeries (retail only)-(19] (11) Confectioneries-[19] (12) Commercial art galleries-[ 17] (13) Clothing/accessory stores-[ 17] (14) Shoe stores-[ 17] (15) Jewelry stores-[17] (16) Sewing/fabric stores-II7] (17) Book/stationery stores-[ 17] (t 8) Gift/souvenir shops-[ 17] (19) Toy-hobby shops-Il 7] (2O) Sporting goods (sales/rental)-[17] (21 ) Bicycle shops (sales/rental)-[ 17] (22) Camera/photo supply stores-[17] DU549 CH-01 .TXT (2) (23) Flower shops-[17] (24) Antique shops-[27] (25) Furniture/home furnishings-[27] (26) Any other specialty retail use ora similar nature and intensity, as determined by the city planner. (C) Accessory uses. The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: ( 1 ) Attached garages. (2) Detached garages. (3) Noncommercial greenhouses. (4) Solar collectors. (5) Wind generators. (6) Satellite receiving dishes. (7) Storage buildings. (8) Readily moveable sports, recreation or outdoor cooking equipment. (9) Tennis courts, swimming pools and similar permanent facilities. (10) Home occupations. ( 1 t ) Noncommercial gardens and nurseries. (12) Off-street parking of vehicles. (13) Fences. (14) Garage sales or rummage sales provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. (D) Conditional uses. The following conditional uses shall be permitted in the OC District subject to the provisions of Section 5 of this ordinance: (1) Bed and breakfast inn, provided that: (a) The structure is either regulated by the Historic Preservation Ordinance or is listed on the National Register of Historic Places; (b) The property has a full-time resident owner or resident manager; (c) The structure has a minimum total floor area of four thoUSand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area to a maximum of nine (9) sleeping rooms; (d) Signage shall be limited to one wall mounted, projecting sign with not more than a forty-inch projecting or freestanding sign, per street fronta~ not to exceed eight (8) square feet in area, not internally illuminated, and with direct lighting only with sharp cut DU549 CH-01.TXT (3) off luminance~ (e) The permit shall not license the property, for rental as a private club, museum, or tour home unless approved by the board; and (f) Parking shall be provided at a rate of one space per guest room. The parking shall be provided on-site or on a street frontage of the property, and should not intensify parking probleans in the neighborhood~ (2) Restaurant, provided that: (a) The paxidng group requirements eau be met-[20]; (b) Carry out items shall not be dispensed through any drive-through or walk-up window; (c) Any outdoor seating shall be accessory to the indoor operation; (d) Opaque screening shall be provided for adjacent fn'st floor residential uses in conformance with the site plan review provisions of Section 4-4 and 4-5 of this ordinance. (3) Bar/tavern, provided that: (a) The parking group requh~ments can'be met-J20]; (b) A maximum area of two thousand two hundred (2,200) square feet in gross floor area shall not be exceeded; (e) Any outdoor seating shall be accessory to the indoor operation; (d) Opaque screening shall be provided for adjacent first floor residential uses in conformance with the site plan review provisions of Section 4-4 and 4-5 of this ordinance. (4) Group day care center, provided that: (a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halln and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; (b) The parking group requirements can be met-[SI; (c) Such facihty shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; and ~_ _.~ (d) All licenses have been issued or have been applied for awailiag the ou!come of the board's decision. - (5) Private clubs, provided that: (a) The parking group requirements can be met-J20]. (6) Off-street parking of operable automobiles to serve a permitted or conditional use in this district, provided that: DU549 CH-O1.TXT (4) (a) No structure other than a screening or security, fence or wall shall be erected on the premises; (b) Signage shall be limited to one (1) free-standing sign of no more than eight (8) square feet in size per drive opening, identiI34ng the parking use, providing directions or marking entrances and exits thereto; and (c) A site plan shall be submitted and approved as provided in Section 44 of this ordinance. (7) Parking structures. (E) Temporary uses. The following uses shall be permitted as temporary, uses in the OC District: (1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. (F) Bulk regaxlations. Permitted Uses 3+ Fam. Residential Church All other permitted uses Conditional Uses B& B Inn Off-street parking lot Parking structure Lot Area Lot Required Required in Square Lot Coverage Front Yard Required Rear Yard Feet Frontage as % Setback Side Yard Setback % x 1000 in Feet Lot Area In Feet Setback (Ft.) Lot Depth 1.2/DU 50 10 3* 20 100 50 I0 10~ 50 10 3* Ail other conditional uses 50 * = Plus one additional toot per floor above the second floor. G = Plus one additional foot of setback for every foot in height above tOrty (40) feet with no part to exceed seventy~five (75) feet in height. (G) Parking requirements. See Section 4-2 of this ordinance; except that a twenty-five (25) percent reduction sh,'fll be allowed in the OC District for both permitted and conditional uses. (H) Signs. Signs shall meet the requirements of the OR Office Residential District as provided in Section 4-3 or' this ordinance 20 20~ 20 10 3 (33 10 3* 20 [] = Parking Group-Section 4-2 of this ordinance. - (Ord. No. 24-85. § 1, 5-20-85: Ord. No. 26-86. § 4, 4-7-86: Ord. No. 24-88, § 1, 5-2-88; Ord. No. 23-90, §§ t7, t8, 3-19-90; Ord. No. 8-91, § I, 2-4-91: Ord. No. 34-91, §§ 2, 3, 5-6-91; Ord. No. 40-91, § 6, 5-20-91: Ord. No. 47-91. § 1.6-3-91: Ord. No. 6%91, §§ 3, 4, 9-3-91; Ord. No. 61-92, § t. 8-3-92) Pastor Bob Mace 2 728 Asbury Road Dubuque, Iowa 52001 (319) 556-7090 FAX (319) 556-3376 Dear Sirs: Due to my inability to attend the meeting tonight, I would like to write a short note on behalf of Calvary Baptist Church. We would respectfully ask that you favorably consider the zoning change that has been requested. It has been very difficult~ if not i~ssible, for us to sell the property Under the current zoning. Thank you for your cooperation. Sincerely, BoB Mace, Pastor Burdens Are Lifted At Calvary To: Zoning Advisory Commission Re: Public Hearing On Zoning Changes For Developmant Plans In Our Neighborhood CfTY OUBLK U From: Barb & Jim McDonald 2193 Momingview Road Dubuque, Iowa 52001 We recently received a Notice of Public Hearing letter stating the Zoning Adviso~ Commission will be holding a public hearing concerning proposed zoning and~or development plans in our neighborhood at the Carnegie Stout Library on Wednesday, March 7, 2001 at 6:30 P2vl. The applicant, Calvary Baptist Church at 2728 Asbary Road, is requesting to rezone their property fxom R-t Single Family Residential District to Office Commercial. Since we cannot attend this meeting we are giving you our written comments. We live on the comer of Momingvlew Road and Asbary Road, directly across from Calvary Baptist Church. They have been very good neighbors for the 15 years that we have resided here. However, we do have some comments aabom the proposal. Since our propexty is valuable to us and our neighborhood is a nice, quiet, clean and safe ama, we feel it should remain as suck There is a lot oftraffic in our urea. At times, since the traffic lights were installed at Chancy and Asbary, traffic is congested. Please consider the added traffic problems that may arise with any zoning changes. We want to keep our property value higher rather than lowering it. We are opposed to any changes that would allow multi family dwelling units whether low income or elderly. This would decrease our property value and add safety concerns to our neighborhood, not to mention the added naflSc concexns or other conditions that we don~ want in our area. Our neighborhood is a nice and quiet residential area and some of the uses would increase the noise, parking problems, and Since the R-1 Single Family Residential District and the 1912 Office Commercial District have many usages, some that would not be desired in our area, wa recommend that more stedy be put int~-this~proly~al: immediately. We want to keep our neighborhood a quiet, dean, safe, family residential Thank You. Barb & Jim McDonald March 5, 2001 R-1 ID N R-1 Proposed area to be rezoned Proposed Area to be Rezoned~ I Kaufm a/ Applicant: Calvary Baptist Church Location: 2728 Asbury Road Description: To rezone property from R-1 Single-Family Residential District to OC Office Commercial District CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Residential Parking Permit District (RPPD) - Senior High School I respectfully request that a public hearing be set for May 7t~ to consider a Residential Parking Permit District for Senior High School. M hael C Van Milhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Residential Parking Permit District (RPPD) - Senior High School INTRODUCTION The following is in additional Residential School area. response to the neighborhood petitions for three Parking Permit Districts (RPPDs) in the Senior High BACKGROUND The first RPPD in the Senior High School area was approved in 1995. In order to mitigate the loss of the curbside parking, other parking restrictions were removed from parts of Grandview and West Locust adjacent to the Senior High School property. These changes actually more than offset the number of spaces that were lost to the RPPD. On January 18, 2001, City staff met with several representatives of the school district in regard to the three petitions. They are concurrently looking for remedies to offset the loss of these curb spaces from the adjacent City streets; however, vacant property is lacking for the construction of additional parking lots at Senior, nor are their budgeted funds available at this time for this purpose. DISCUSSION Since the first two petitions were received, residents in an adjacent area also filed a third petition. The first petition included the two properties on the south side of Grandview Avenue east of Avoca Street. The second petition included properties on both sides of Rosedale Street west of Avoca to the St. Anthony's Sohool property. These petitioners asked to be added to the existing Parking Permit District C that was established on February 6, 1995. The third petition includes the remainder of the south side of Grandview from Avoca to Auburn Street; Auburn Street from Grandview to Dexter Street; Algona Street, from Grandview to Dexter Street; Green Street, from AIgona to Avoca; and Avoca from Green to Rosedale. (See Exhibit A.) During our meeting with school representatives, it was pointed out that the original two petitions, if added to the existing District C would restrict parking between the hours of 7:30 a.m. and 10 p.m. daily except Sunday and holidays. The School then asked if the time restriction for the new petitions could be modified. City staff has since spoken the original petitioners, who indicated that they would be in agreement of a less restrictive time period. The third petition asked for a restriction between the hours of 7 a.m. and 2 p.m. daily except Saturdays, Sundays, and holidays. This time period is also agreeable to the first two sets of petitioners. If all parties would agree, all three petitions would be combined into one separate Residential Parking Permit District E. Each of the petitions contained sufficient signatures representing at least 60 percent of the residents of the dwelling units in the proposed areas. Having met this requirement, City staff, as is required by City ordinance, conducted a parking study of the areas as identified in the petitions. Taken as a whole; the entire district would not meet the requirement that "at least 80 percent of the curbside parking spaces in the proposed parking permit district were utilized during peak periods". However, if taken in blocks, certain areas would meet or exceed the requirement. The sections of Grandview between Avoca and Auburn, Algona between Grandview and Dexter, and Rosedale from Avoca to the St. Anthony's property all meet the requirements. Auburn, Green, and Avoca Streets did not meet the minimum utilization requirements. (See Exhibit B.) Senior High School students already use to some extent Avoca from Rosedale to Green for parking. Some of the options to consider are as follows: The first alternative would be to approve the first and second petitions, to include Rosedale, and a small portion of North Grandview. This should not have a significant impact on Senior High School because these areas already have two-hour maximum parking, which should not be used by students at Senior High School because of this restriction. If the three petitions are treated as one, they do not meet the required 80 percent (80%) vehicle usage; and, therefore, the petition should be denied. 3. If, however, the streets included in the petition are treated separately, North Grandview, AIgona, and Rosedale meet the 80 percent (80%) requirement, and could be included in the RPPD. 4. Another option, while not petitioned for, would be to include Avoca Street to Option 3, realizing that more Senior High students would move onto Avoca Street if Option Number 3 would be selected. RECOMMENDATION I would recommend Option 4, since it includes those streets that meet the 80 percent (80%) parking rate, denies those streets that do not meet the requirements, yet includes Avoca Street. A potential problem could develop on Avoca Street, where already there is some Senior High students parking. I would also recommend that all three petitions prohibit parking between the hours of 7 a.m. and 2:30 p.m. daily except Saturdays, Sundays, and holidays. These time periods are less restrictive than the current RPPD district around Senior, as well as the first and second petitions. All of the petitioners, however, agree with these time restrictions. ACTION TO BE TAKEN I would recommend that the Council consider the various alternatives and provide input to staff for the preparation of an ordinance and a public hearing on May 7. MAK/vjd Prepared by Bill Schlickman, Traffic Engineering Assistant ~ Petition t Petition 2 Petition 3 SEDALE ' ~ SITE LOCATION Not to Scale PURPOSE: Exhibit A VICINITY MAP Showing the Spirit Grandview ~ 230% Algona ~ 100% Avoca ~ 63.4% Green ~-~ 9.4% Auburn ~ 9% ~ Not ~plicable ROSEDALE ~ GRANDVIEW AVE SITE LOCATION Not to Scale PURPOSE: Exhibit B VICINITY MAP Showing the Spirit CLARK DR ~ GRANDVIEW AVE SITE LOCATION Not to Scale PURPOSE: Exhibit C VICINITY MAP Showing the Spirit ~ DR ROSBDALE AVB~ IZ.A~VIEW AVE , ~ SITE LOCATION Not to Scale PURPOSE: Exhibit D VICINITY MAP Showing the Spirit CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Golf Cart Lease Agreement Leisure Services Manager Gil Spence recommends approval of the lease agreement with Yamaha Motor Corporation, U.S.A. for forty golf carts for the Bunker Hill Golf Course. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment CC: Barry Lindahl, Corporation Counsel G/1 D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Golf Cart Lease Agreement Mamh 6, 2001 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 = $115,000 ~ one year $50 per cart rebate - 2.000 FIVE YEAR TOTAL COST $113,000 Wilwert's Golf Cars. Inc. · $594 per cart x 40 carts = $23,760 per year x 5 years = $118.800 FIVE YEAR TOTAL COST $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 proposal from Harris Golf Cars be accepted and the lease agreement with Yamaha Motor Corporation, U.S.A. be approved. ACTION STEP The action requested is that the City Council approve entering into a lease agreement with Yamaha Motor Corporation, U.S.A. for forty golf carts for the Bunker Hill Golf Course. GDS:et attachment MASTER LEASE AGREEMENT MASTER LEASE AGREEMENT dated March 7~ 2001, between YAMAI-IA MOTOR CORPORATION, U.S.A.. having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 (~'Lessor"), and CITY OF DUBUQUE , having its principal office at 50 w. 13xH St.. Dubuque, IA 52001("Lessee"). Lessor and Lessee hereby agree as follows: I. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto. 2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule. 3. Rent. Lessee shall pay Lessor rent for the Equipment ("Rent") in the mounts and at the times set forth on the applicable Equipment Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the taw of the state where the Equipment is located. 4. Selection, Delivery, and Accepamce. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage r~sulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in,he preceding sentence and shall execute and delivery to Lessor or Dealer a Certificate af Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment. For all purposes of this Lease, aucepamce is conclusively established by Lessee's execution and deliver of a Certificate of Accapmnce provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment. 5. Location, and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent. Lessor and its representatives shall have the ri~t from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confm'n Lassee's compliance with this Lease. 6. Care, Use, and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, rapatr, condition, and appearance i~ accordance with Lessor's manuals and other instructions received from Lessor. Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation of any law, ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely storexthe Equipmera when not in use and properly secure it at uight and such other times when the golf course on which the Equipment is used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment. 7. Insurance. Effective upon delivery of the Equipmen~ m Lessee and until the Equipment is returned to Lessor as provided herein, Lessee relieves Lessor of responsibility for all risk of physical damage m or loss or destruction of all the Equillmenr. howsoever caused. During the continuance of this Master Lease. Lessee shall at its own expense, cause to be carried and maintained with respect m each item of Equipment designated in each Eq~uipmant Schedule public liability insurance in an amount of not tess then $1,000,000, and casualty insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amotmrs and against risl~, acceptable to Lessor. Ail policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide for at MASTER LEASE AGREEMENT MASTER LEASE AGREEMENT dated March 7~ 2001, be~veen YAMAl:IA MOTOR CORPORATION, U.S.A., having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), and CITY OF DUBUQUE , having its principal office at 50 w. 13Ta SL~ Dubuque, IA 52001("Lessee"). Lessor and Lessee hereby agree as follows: 1. Lease of Equipmen~ Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the terms and conditions af this Lease, the applicable Equipment Schedule, and each rider attached hereto. 2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule. 3. Kent. Lessee shall pay Lessor rent for the Equipment ("Rent") in the mounts end at the times set forth on the applicable Equipment Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor a~ the rate specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late paymenm specified in Lessor's invome m Lessee for such payment or the maximum allowable rate of interesx permitted by the law of the state where the Equipment is located. 4. Selection, Delivery, and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lesser shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in ~he preceding sentence and shal} execute and delivery to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment. For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment. 5. Location, and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent. Lessor and its representatives shall have the right from time to time during business hours to emer upon the premises where the Equipment is locaXed to inspect the Equipment and Lessee's records to confirm Lassee's compliance with this Lease. Care, Use, and Maintenance. Lessee shall, at its expense, at all thnes during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repatr, condition, and appearance in accordance with Lessor's manuals and other instructions received from Lessor._ Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation of any law, ordinance or governmental regulations. The Equipmenr will be used and operated only as golf cars. Lessee shall safely store\the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is closed to play, and Lessee shall be solely respous~le for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment. 7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of ali the Equigmen~, howsoever caused. During the continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk. acceptable to Lessor. All policies with respect ~o such insurance shall name Lessor as additional insured and as loss payee, and shall provide for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor in the event of cancallation or expiration of any such policies. Lessee shall, upon request of Lessor, furnish appropriate~ evidence of such insurance to 'Lessor. Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment fi'om any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of damage m any item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition. In no event shall Lessor be liable for any loss of prefit, damage, loss. defect or failure of any item of Equipment or the time which may be required to recover, repair, service, or replace the item of Equipment. , . 8. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism. 9 Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schednle, and the riders attached hereto. Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment.- Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any parry other than Lessor or anyone so claiming through Lessor. 10. Warranties. The Equipmem is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED 1N THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHO~ LIMITATION, WA~NTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERFERENCE. 11. Alterations and AWachmeurs. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof: and provided, further, that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment m Lessor, Lessee shall, if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and depreciation excepted. 12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use t~x on the leasing office Equipmentto Lessee hereunder. In the event that any suCh tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt of Lessor's invoice therefor, an amount equal to such lax. Lessee.shall collect and remit any and all saleg, use. and other taxes payable in any state, county, or city in respect of the rental or other use of the Equipment by Lessee. ........ 13.. Indemnity: Notice af Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all claims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any way from the ~oss negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees, and shall ~ve Lessor prompt written notice in conncetion with any claim arising out of the possession, leasing, renting, operation, control, use, storage, or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving such claim. 14. P~etum of Equipment. Upon the termination of an Equipment Schedule for any reason, unless' Lessee is thereupon purchasing the Equipment from Lessor. Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used h~reunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include damaged or missing tires or wheels). 15. Defaults: The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease: (a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule as and when the same becomes due and payable; or Co) default by Lessee in the performance of any other material term, covenant or condition of this Lease. any Equipment Schedule, or any rider hereto, or the inaccuracy in any material respect of any representation or warranty made by the Lessee in this Lease or in any document or certificate furnished to the Lessor in connection herewith, which default or inaccuracy shall continue for a period of 30 days after notice; or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debturs shall be filed by or against Lessee; or (d) The voluntary or involuntary making of any assigrmaent of a substantial portion of its assets by Lessee for the baneflt of creditors shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proeecding for dissolution, liquidation, settlement of claims against or winding up of, the affairs of Lessee shall be commenced; or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or (f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor deems itself or any of the Equipment to be insecure~ 16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law: (a) terminate all or any portion of the Equipment Schedules to this Lease; fo) with or without terminating this Lease, take possession of the Equipment, with or withom judicial process~ Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose: (c) proceed by appropriate court action, either at law or in equity, to enfume performance by Lessee of the applicable covenants and terms of this Lease. or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees. which Lessor shall have sustained by mason of Lessee's default in any covenant or covenants of this Lease, or on account of Lessur's enforcement of its remedies thereunder. (d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy. 17. Assi~nmenr. Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as.contemplated hereunder in the urdinary course of business), or create, incur, assume, or permit to exist uny securit3 interest, lien, or other encumb.rance on, the Equipmen~ this Lease, or any interest of Lessee therein. 18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease und each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized sighafory of Lessee and constitute Lesgee's legal, valid, and binding obligations, enforeenble in accordance with their terms; (d) adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof; and (e) interest paid on indebtedness of Lessec held by Lessor would be excluded from Lessor's income for U.S. federal income tax purposes. 19. Non-Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are budgeted and appropriated for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (ii) Lessee's other obligations and liabilities under the Lease relating to the period~ Or accruing or arising, prior m such termination. In the event of such termination. Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the Lease and the Lease shah not terminate under the provisions of this section if any funds are appropriated to it, or by it. for the acquisition, ret&ntion or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and (ii) that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rant or otherwise acquire the use of any other equipment or services performing, functions similar to the functions of the Equipment. and if the Lease terminates pursuant to this section, Lessee 3 a~ees that prior to the end of the fiscal period immediately following the fiscal period in which such termination occurs~ it will not so purchase~ lease, rent or otherwise acquire the use of any such other equipment or services. 20. Binding Effect~ Successors and Assigns. This Leas~ and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and del~vary of this Lease and the expiration or other termination of this Lease. 21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either parry. 22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state. 23. Severabilitw. In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in uny jurisdiction, any such provision shall, as to such jurisdiction_ be ineffective to the extent of such prohibition or unanforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenfomeable such provision in any other jurisdiction. 24. Counterparts. This Lease and each Equipment Schedule and rider hereto may be executed in any number of counterparts, and by each party in separate counterparrz, each of which shall be deemed au original, but all,of which counterparts together shall constitute one and the same agreement. 25. Statos of Limi~tions. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within two years after the cause ofactinn accrues. 26. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect m the subjecl matter hereof, and there are no agreements, representations, warranties, or understandings with respecfto such subjec~ matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule or rider~ hereto shall be effective unless it is in writing and signed by Lessor and Lessee. written. IN WITNESS WHEREOF, Lessor mad Lessee have caused this Lease to be executed on the date first above CITY OF DUBUQUE YAMAHA MOTOR CORPORATION, U.S.A, By:_ By: Name: Name: Jim Robinson Title: Title: Senior Vice President CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. dated March 07,~ 2001 March 07, 200'1 between (the "Lesso¢') and CITY OF DUBUQUE 41738 to the Master Lease Agreement dated Yamaha Motor Corporation, U.S.A. (the "Lessee"). The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPE/MODEL NUMBER NEW/USED LOCATION 40 G16AW GOLF CARS See NEW BUNKER HILL GOLF COURSE Attachment BUNKER HILL ROAD DUBUQUE, IA 52001 ADDITIONAL CONDITiONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. CITY OF DUBUQUE as Lessee By: Name: Title: UNIFORM COMMERCIAl. CODE - FINANCING STATEMENT - FORM UCC- 1 FINANCING STATEMENT is pre~n[ed to a fiB~g offi~r for fJli~ ~nt ~o the Un~orm Commemial Code: ~ 3. Maturi~ ~te (if sny~: ~ast ~me F r~ ~d addresstes 2 ~and address(es) ~SSO~ = For Filing Officer {Date. Time. Numuer, ~SSEE: ~iTM OF D~UQUE Y~OTOR CO'OPTION; U.S.J and Rling ~fice} ~ax ID/Socbl S~edty No. tT~ tp~ocial Se~ri~ No. 95-30694~5 [.This~nan~ngstate~dtcoversthefollowi~ypes oritems)/ofprop~ty: (~ 4i7~8 ,--0 Gl,AW ~ ~. GOLF CA~ ~/ ...... ~' - ~p e~ le~s see ~t;t~ nt ~ for serSal nu~bers.e 5. Assignee(s) of Secured Party ana Addressfes) This statement is filed without the debtor's s~gna[ure [o oerfecta secur~ interest in collateral oheck [~ if so Filed with [] already subject [o a security ~nterest in another jurisdistiorr when it was brought inth this state STATE [] which is proceeds of the original collateral desodbed above ~n which a secur~ interest was corrected: · Check [~ if covered: [~oceeds ~f Collatera are also covePsd. [] Products of Collateral are also covered. No. of additional Sheets presented: CITY OF DUBUQUE YAMAHA MOTOR CORPORATION. U.S.A. S~nature(s of Secured Par[~(ies) (1) Filing Officer Copy - Alphabetica STANDARD FORM - FORM UCC-1 STATE Of IOWA SALES TAX EXEMPTION CERTIFICATE (see reverse side for instructions} This document is to be completed by a purchaser whenever claiming exemption from sales/use tax. Purchaser Address C~ty General Nature of Business tState Zip Code Purchaser is doing business as a: [] Retailer (sales tax permit # [] WholesaJer [] Farmer [] Manufacturer [] Lessor [] Private Nonprofit Educational Institution [] Governmental Agency (including public schools) [] Qualifying Residential Care Facility [] Non-Profit Museum [] Other Seller Name Address City State Zip Code Purchaser is claiming exemption for the follo~ving reason: ) [] Resale [] Leasing [] Processing [] Qualifying Farm Machinery/Equipment [] Qualifying Industrial Machinery/Equipment [] Qualifying Replacement Parts [] Qualifying Computer [] Other Description of Pumhase (attach additional information if necessary) Under penalty of perjury, I swear that the information on this form is true and correct, Signature of Purchaser Title Instructions This exemption certificate is to be completed bythe purchaser claiming exemptior from tax and given to the seller. The seller must retain this certificate as proof that exemption has been properly claimed. In order for the certificate to be accepted by the seller it must be complete and the salter must exercise care that the property being sold is a type normally exempt based on one of the exemptions below or based on the nature of the buyer. A seller failing to exercise due care could be held liable for the sales tax due. If the circumstances should change and the property or service purchased for resale or processing is used or disposed of by the purchaser in a nonexempt manner, the purchaser is solely liable for the tax and shall remit it to the Department. Exemptions: Resale - Any person in the business of selling who is purchasing items to resell may claim this exempti?n. The purchaser can be acting as either a retailer or wholesaler. Retailers must enter their sales tax permit number. Processing - Exempt purchases for processing include: Tangible personal property which by means of fabrication, compounding, manufacturing or germination becomes an integral part of other tangible personal property ultimately sold at retail; chemicals, solvents, sorbents or reagents used, consumed, dissieated or depleted in processing personal property intended to be sold ultimately at retail; fuel used to create heat. power or steam for processing or used to generate electric current; and chemicals used in the production of free newspapers and shoppers. Leasing - Exemption is applicable only to property leased where the lessor is in the business of leasing, the lease is for more than one year. and the lease or rental receipts are subject to Iowa sales tax. Qualilying Farm Machinery/Equipment - The farm machinery or equipment must be purchased on or after July 1, 1987; be directly and primarily used in agricultural production: and must be: · a self propelled implement such as, a tractor · an imolement customarily drawn or attached to a self-propelled implement in the performance of its function, such as a plow · a grain dryer · non self-propelled equipment used in dairy and livestock operations (July 1, 1988) · an essential replacement part for any of the above Qualifying Industrial Machinery/Equipment/Computers - This machinery or equipment must be purchased on or after July 1, 1987, must be used by a manufacturer and must be: · directly and primarily used in processing tangible personal property or in certain research activities · subject to lows tax as real property (computers used to process or store data by an insurance company, financial institution or commercial enterprise also aualify if assessed as industrial or commercial real estate} · a depreciable replacement part Residential Care Facilities - Certain licensed care facilities listed in Section 422,45(22) of the iowa Code are exempt. Contact the Iowa Department of Revenue and Finance if clarification is needed. Private Nonprofit Educational Institutions ~ Purchases made by private nonprofit educational institutions used for educational purposes are exempt. NOT EXEMPT from sales tax are purchases by other p~'i~'ate nonprofit organizations, such as churches, fraternal organizations, etc., for use by those organizations. NAME OF INSURANCE AGENT: YAMAHA MOTOR CORPORATION, U.S.A. YAMAHA LEASING 6555 Katella ,~venue, ,Cypress, CA 90630 (800) 551-2994, Fa~X (714) 761-7363 E-MAIL: Sandy_Evans@Yamaha-Motor. com March 07, 2001 ADDRESS: Please Reference our Quote# 41738 PHONE: FAX: RE: BUNKER HILL GOLF COURSE (Customer) Account # Gentlemen: The Customer has leased or will be leasing equipment from Yamaha. The Customer is required to provide Yamaha with the following insurance coverage: "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE, Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liabiIity, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit. Each policy shall provide that: (i) Yamaha will be given not [ess than thirty (30) days prior written notice of cancellation or non-renewaL (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therafora. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Leasing Department 6555 Katella Ave Cypress, CA 90630 Your Prompt attention will be appreciated. Equipment Covered: 40 G16AW GOLF CARS EquiPment Location: BUNKER HILL ROAD DUBUQUE, IA 52001 Very Truly Youm, CITY OF DUBUQUE (Name of DebtodLessee) By: (Signature of Authorized Officer) Title: InitiatedBy: Yield: 6,825% AMORTZZATION SCHEDULE FOR 14UNZCIPALITY LESSEE: CITY OF DUBUQUE PLESANT V~'W COUNTRY CLUB EQUIP~4ENT SCHEDULE #M41 738 Payment Due ' ~tcre~ Number Date Charge Principle Balance 0 0.00 0.00 138794.38 0 Apr-O1 641.72 0.00 139436.10 0 t~ay-O1 644.69 0.00 140080.79 I Jun-O1 647.67 7019.13 133061.66 2 Jul-O1 615.22 7051.58 126010.08 3 Aug-01 582.61 7084.19 118925.90 4 Sep-Ol 549.86 0.00 119479.76 5 Oct-01 552.40 0.00 120028.16 6 Nov-O1 554.96 0.00 120583.12 7 Dec-O1 557.52 0.00 121140.64 8 Jan-02 560.10 0.00 121700.74 9 Feb-02 562.69 0.00 122263.43 i0 Mar-02 565.29 0.00 122828.72 i1 Apr-02 567.91 _0.00 123396.63 12 May-02 570.53 0.00 123967.16 13 Jun-02 573.17 7093.63 116873.52 14 Ju!-02 540.37 7126~43 109747.10 15 Aug-02 507.42 7159.38 102587.72 16 $ep-02 474.32 0.00 103062.04 17 0ct-02 476.51 0.00 103538.55 18 Nov-02 478.72 0.00 104017.27 19 Dec-02 480.93 0.00 104498.20 · 20 Jan-OB 4-8~t~ 0.00 10~981.35 21 Feb~03 485.39 0.00 105466.74 22 Mar-03 487.63 0.00 105954.37 23 A~r-03 489.89 0.00 106444.25 24 May-03 492.15 0.00 ~06936.40 25 ~un-03 494.43 7172.37 99764.03 26 Jul-03 461.26 7205.34 92558.49 27 Aug-03 427.95 7238.85 85319.64 28 $e~-03 394.48 0.00 85714.12 29 0ct-03 396.30 0.00 86110.43 30 Nov-03 398.14 0.00 86508.56 31 Dec-03 399.98 0.00 86908.54 32 Jan-04 401.83 0.00 87310.37 33 Feb-04 403.68 0.00 87714.05 34 ~ar-04 405.55 0.00 88119.60 35 Apr-04 407.43 0.00 88527.03 36 May-04 409.31 0.00 88936.34 37 Jun-04 411.20 7255.60 81680.,74 38 Jul-04 377.66 7289.14 74391.59 39 Aug-04 343.95 7322.85 67068.75 40 Se~-04 310.10 0.00 67378.84 41 0ct-04 311.53 0.00 67690.37 42 Nov-04 312.97 0.00 68003.34 43 Dec-04 314.42 0.00 68317.76 ~4 Jan-05 315.87 0.00 68633.63 45 Feb-05 31~.33 0.00 68950.96 46 ~ar-05 318.80 0.00 69269.76 47 Apr-05 320.27 0.00 69590.03 48 May-05 321.75 0.00 69911.79 49 Jum-05 323.24 7343.56 62568.23 50 Jul-05 289.29 7377.51 55190.71 51 Au~-05 255.18 7411.62 47779.09 EXItIBIT A EQUIPMENT SCHEDULE #41738 Dated March 7, 2001 This Schedule covers the following property ("Equipment"): 40 G16AW Yamaha Golf Cars Location of Equipment: Bunker Hill Golf Course Bunker Hill Road Dubuque, IA 52001 3. The Lease Term for the Equipment described herein shall commence on April 1, 2001 and shall consist of 53 months from the first day of the month following said date. 4. Rental payments on the Equipment shall be in the following mounts payable on the following schedule: 15 monthly payments in the amount of $7,666.80 (applicable taxes to be billed). Starting June 1, 2001 and ending August 1, 2005. Due the 1st of the month as follows: J~zl-O1 $7666.80 Jr~l-02 $7666.80 J~n-03 $7666.80 Jllm-04 $7666.80 J~n-05 $7666.80 Jul-O1 $7666.80 Jul-02 $7666.80 Jul-OS $7666.80 Jul-04 $7666.80 Jul-05 $7666.80 Aug-OI $7666.80 A~g-02 $7666.80 Aug-03 $7666.80 Aug-04 $7666.80 Aug-05 $7666.$0 5. Interest Factor: 6.825% 6. This Equipment Schedule is entered into pursuant to Lessor's accepted bid under RFP 7. Other Terms: Lessee agrees to reimburse Lessor, who shall pay any assessed prope~ taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement. Notwithstanding any other provision of the Master Lease on this Equipment Schedule, Lessor's interests in the Equipment may not be sold, assigned, discounted, factored or otherwise disposed of by Lessor. Lessor shall retaJm its interest in the Equipment as specified herein, without exception and under all circumstances. This Equipment Schedule is issued pursuant to the Master Lease dated, March 7, 2001 (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: City of Dubuque By: LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. By: Name: Name: T~tle: Title: CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Hoaorable Mayor and City Council Members Michael C. Van Milligen, City Manager Mississippi River Discovery Center Utility Relocation Project Public Works Director Mike Koch is recommending award of the contract for the Mississippi River Discovery Center Utility Relocation Project to the low bidder, McDermott Excavating, in the amount of $369,864.65. I concur with the recommendation and respectfully request Mayor and City Council approval. MiChael C. Van Millig~n MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director?~ ~0~O Mississippi River Discovery Center Utility Relocation Project INTRODUCTION The enclosed resolution provides for the award of the construction contract for the Mississippi River Discovery Center Utility Relocation Project. BACKGROUND As part of the ~.th Street Peninsula development and the America's River Project, it is necessary for the City to relocate underground utilities. Currently, the City's sanitary sewer and watermain, in addition to several public utilities including Alliant- Interstate, AT&T and Qwest are located within the proposed development footprint of the Mississippi River Discovery Center. All affected utilities must be relocated prior to construction of the River Discovery Center. For the past year, Engineering staff has continued to work with the Historical Society and their project consultant on the development of the Mississippi River Discovery Center and the associated City and public utility relocations. IIW Engineers are the civil engineering consultants on the River Discovery Center project, and the City has retained IIW under contract to design and prepare construction plans for the sanitary sewer and watermain utility relocation project. The development of the utility infrastructure within the 4th Street Peninsula and the associated America's River Project shall take place in two (2) phases. Phase I shall include the relocation of both City and public utilities within the proposed footprint of the Mississippi River Discovery Center, and constructing a new utility infrastructure corridor. The proposed utility corridor is located through the existing parking tot, running parallel to the 3rd Street Overpass between the Burlington Northern Depot Building and Bell Street. Phase II shall include the relocation and construction of both City and public utilities, north along Bell Street to service the Hotel and Education Conference Center. During the project development of the new sanitary sewer and watermain infrastructure for the 4th Street Peninsula, staff consulted with both the Hotel-Water Park designers and the consultants for the Discovery Center Museum to determine estimated peak demand requirements. Based upon the sewer and water loads projected by the proposed facilities, the design of the new utility infrastructure will service the existing facilities and yet provide sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. A major component of the America's River Project master plan is the incorporation and connectivity of information technology between the Discovery Center Museum, Hotel, Education Conference Center, Riverwalk and Amphitheater. To initiate the development of this technology component, the Mississippi River Discovery Center Utility Relocation Project shall include the construction of telecommunications ' conduit within the established utility corridor. The design of the telecommunications infrastructure will provide sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. The development and design of the Phase I utility relocation project required extensive coordination and cooperation with the affected public utilities. All public utilities will be required to abandon and relocate their respective utility underground within the established utility corridor. Staff has recommended that all public utilities install their respective services to accommodate sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. The existing surface parking lot adjacent to the 3rd Street Overpass, between the Burlington Northern Depot Building and Bell Street, will be under construction and out of service for the duration of the project. Upon completion of the underground utility construction, the parking lot pavement will be replaced with a temporary asphalt surface. The temporary parking surface will be in place through the duration of the River Discovery Center construction operations. Additionally, preliminary plans for the reconfiguration of the parking lot, landscaping and lighting improvements are currently under review. DISCUSSION Sealed bids were received for the project on March 8, 2001. The results of the bidding process are as follows: McDermott Excavating Connolly Construction W.C. Stewart Construction Fischer Excavating Tschiggfrie Excavating Louie's Trenching Service Fondell Excavating $369,864.65 $376,365.55 $377,488.48 8379,819.48 ~389,885.55 ~392,215.49 ~418,316.00 The low bid submitted by McDermott Excavating of Dubuque, Iowa is 11.4% below the engineer's estimate. The completion date for the project is June 1, 2001. RECOMMENDATION I would recommend that the City Council award the contract for the Mississippi River Discovery Center Utility Relocation Project to McDermott Excavating of Dubuque, Iowa, in the amount of ~369,864.65. BUDGET IMPACT A summary of the project is as follows: Estimate Bi d Sanitary Sewer Relocation Construction Watermain Relocation Construction Pavement Removal & Replacement Telecommunication Conduit Construction 8112,200.00 152,900.00 112,800.00 39,700.00 8117,099.61 116,024.30 93,904.15 42,836.59 Construction Cost 8417,600,00 8369,864.65 Contingency (15%) Engineering (10%) 62,600.00 48,000.00 8 62,600.00 48,000.00 Total Project Construction Cost 8528,200.00 8480,464.65 The project will be funded with an allocation from the Fiscal Year 2001 Budget including 8324,165 for this phase of the 4th Street Peninsula development utility relocations and 8126,880 for parking lot removal and improvements. An additional $29,420 will be used from the Water Replacement Capital Budget to cover the increased cost for the watermain improvements. ACTION TO BE TAKEN The City Council is requested to adoption of the attached resolution awarding the contract for the Mississippi River Discovery Center Utility Relocation Project to McDermott Excavating. Prepared by Robert D. Schiesl, Civil Engineer cc: Gus Psihoyos, Assistant City Engineer Pauline Joyce, Administrative Services Manager Bob Green, Water Plant Manager Mike Brekke, Water Distribution Supervisor Gary Sejkora, IIW Engineers & Surveyors Mike Jansen, IIW Engineers & Surveyors Tom Oster, IIW Engineers & Surveyors Jerry Enzler, Mississippi River Museum Mark Hantelmann, Mississippi River Museum Prepared by: Michael A, Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 520014864 RESOLUTION NO. -01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Mississippi River Discovery Center Utility Relocation Project pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of February, 2001. Whereas, said sealed proposals were opened and read on the 8th day of March, 2001, and it has been determined that the bid of McDermott Excavating of Dubuque, Iowa, in the amount of $369,864.65 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 McDermott 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 _.8 ~;Doooon~oo dd~*~:~ .o . o .oo ~ ~ ~ o - o o , ~ · -~ ~ ~ o~ · o ~ o o o oo°~o~~~ ~%~ ~oooo . .oo ~~~o~§~ooo~oooo ° ° ° ~ o o o o ~ o o ~ o o o ° ° oo · ~ o 8 o o o o 0 oq~qo~ o ~ ~ §ooooooo : O~oooOo ooo .~ooooo~o~8~ooo .oo o 000-0 oooo°°°°°°°°° o~oOoOo8OoooOooo dd d ~ ~ ~o o o o .~ qo ~ ~ o o oqoo o ~ ~ q d ~ ~ ° ~ ~ ~ d d d ~ ~ d ~ ' ooqo~ooo °°~8q~°8 o~ ~ ~ ~oooooo ooo ~~ ~8~~ · . . . . CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and Ci~~ Council Members Michael C. Van Mitligen, Ci~' Manager Mississippi River Discovery Center UtiliD- Relocation Project Public Works Director Mike Koch is recommending that a public heating be set for March 19, 2001 to consider the Mississippi River Discovery Center Utility Relocation Project. concur with the recommendation and respectfully request Mayor and Ci~' Council appro-v'al. · / M~chad C. Van Muhgen MCVM/'jh :\ttachn~ent cc: Barry Lindaht. Corporation Counsel Tim Moerman. Assistant City Manager N lichacl A. Koch. Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: February 14, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Mississippi River Discovery Center Utility Relocation Project INTRODUCTION The enclosed resolutions authorize the public bidding procedures for the Mississippi River Discovery Center Utility Relocation Project. BACKGROUND As part of the 4th Street Peninsula development and the America's River Project, it is necessary for the City to relocate underground utilities. Currently, the City's sanitary sewer and water main, in addition to several public utilities including Alliant-Interstate, AT&T and Qwest are located within the proposed development footprint of the Mississippi River Discovery Center. All affected utilities must be relocated prior to construction of the River Discovery Center. For the past year, Engineering Staff has continued to work with the Historical Society and their project consultants on the development of the Mississippi River Discovery Center and the associated City and public utility relocations. IIW Engineers are the civil engineering consultants on the River Discovery Center project, and the City has retained IIW under contract to design and prepare construction plans for the sanitary sewer and water main utility relocation project. DISCUSSION The development of the utility infrastructure within the 4th Street Peninsula and the associated America's River Project shall take place in two (2) phases. Phase I shall include the relocation of both City and public utilities within the proposed footprint of the Mississippi River Discovery Center, and constructing a new utility infrastructure corridor. The proposed utility corridor is located through the existing parking lot, running parallel to the 3~d Street Overpass between the Burlington Northern Depot Building and Bell Street. Phase II shall include the relocation and construction of both City and public utilities, north along Bell Street to service the Hotel and Education Conference Center. During the project development of the new sanitary sewer and water main infrastructure for the 4th Street Peninsula, staff consulted with both the Hotel-Water Park designers and the consultants for the Discovery Center Museum to determine estimated peak demand requirements. Based upon the sewer and water loads projected by the proposed facilities, the design of the new utility infrastructure will service the existing facilities and yet provide sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. A major component of the America's River Project master plan is the incorporation and connectivity of information technology between the Discovery Center Museum, Hotel, Education Conference Center, Riverwalk and Amphitheater. To initiate the development of this technology component, the Mississippi River Discovery Center Utility Relocation Project shall include the construction of telecommunications conduit within the established utility corridor. The design of the telecommunications infrastructure will provide sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. The development and design of the Phase I utility relocation project required extensive co6rdination and cooperation with the affected public utilities. All public utilities will be required to abandon and relocate their respective utility underground within the established utihty corridor. Staff has recommended that all public utilities install their respective services to accommodate sufficient capacity for growth and expansion for the future development of the 4th Street Peninsula. The existing surface parking tot adjacent to the ? Street Overpass, between the Burlington Northern Depot Building and Bell Street, will be under construction and out of service for the duration of the project. Upon completion of the underground utility construction, the parking lot pavement will be replaced with a temporary asphalt surface. The temporary parking surface will be in-place through the duration of the River Discovery Center construction operations. Additionally, preliminary plans for the reconfiguration of the parking lot, landscaping and lighting improvements are currently under reviexv. PROJECTSCHEDULE The schedule for the Mississippi River Discovery Center Utility Relocation Project will be as follo~vs: Advertisement for Bids Notice of Public Hearing on Plans and Specifications Receipt of Bids Public Hearing Award of Contract Completion Date February 23, 2001 March 2, 2001 March 8, 2001 March 19, 2001 March 19, 200l June 1, 2001 ~RECOMMENDATION I would recommend that the City Council establish the date for the public heating, and authorize the City Clerk to advertise for proposals for the Mississippi River Discovery Center Utility Relocation Project. BUDGETIMPACT. The construction cost estimate for the Mississippi River Discovery Center Utility Relocation Project is as follows: Sanitary Sewer Relocation Construction Water Main Relocation Construction Pavement Removal & Replacement Telecommunication Conduit Construction $112,200 $152,900 $112,800 $ 39,700 Construction Estimate $417,600 Contingency (15 %) Engineering (10%) $ 62,600 $ 48,000 Total Project Construction Estimate $528~200 The project will be funded with an allocation from the Fiscal Year 2001 Budget included $324,165 for this phase of the 4th Street Peninsula development utility relocation in addition to $126,880 for parking lot removal and improvements. An additional $77,500 will be used fi-om the Water Replacement Capital Budget to cover the increased cost for the water main improvements. ACTION TO BE TAKEN The City Council is requested to establish the date for the public hearing and to authorize the City Clerk to advertise for proposals through adoption of the attached resolutions. Prepared by Robert D. Schiesl, Civil Engineer cc: Gus Psihoyos, Assistant City Engineer Pauline Joyce, Administrative Services Manager Bob Green, Water Plant Manager Mike Brekke, Water Distribution Supervisor Gary Sejkora, IIW Engineers & Surveyors Mike Jansen, IIW Engineers & Surveyors Tom Oster, IIW Engineers & Surveyors Jerry Enzler, Mississippi River Museum Mark Hantelmann, Mississippi River Museum Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001~4864 RESOLUTION NO. ~-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Mississippi River Discovery Center Utility Relocation Project, in the estimated amount of $528,200, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 5200%4864 RESOLUTION NO. __-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Mississippi River Discovery Center Utility Relocation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of March, 2001 ,'a public hearing will be held at 6:30 p.m. in the Public Library Auditoriu m, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50W. 13th Street, Dubuque, lA 52001-4864 RESOLUTION NO. -01 NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Mississippi River Discovery Center Utility Relocation Project. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public headng on the proposed plans, specifications, form of contract and estimate of cost for the Mississippi River Discovery Center Utility Relocation Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 19t~ day of March, 2001, in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 orTDD at (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2001. day of Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W, 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of February, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Mississippi River Discovery Center Utility Relocation Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Preoared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mississippi River Discovery Center Utility Relocation Project is t~ereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of March, 2001. Bids shall be opened and read by the City Clerk at said time and wilt be submitted to the Council for final action at 6:30 p.m. on the 19th day of March, 2001. Passed, adopted and approved this day of ,2001, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14® day of February, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Mississippi River Discovery Center Utility Relocation Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM Mm'ch 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 19tn 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. M{chael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Kirn B. Wadding, Police Chief CITY OF DUBUQUE, IOWA MEMORANDUM DATE: February 16, 2001 TO: FROM: 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 establishments 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 Hartig Drug 157 Locust Street Katrina Burlage 01/04/01 Busted Lift 180 Main Street Dana Made 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 1101 Rhomberg Ronald J. Meloy 01/06/01 Sham~on's Bar & Grill 521 East 22nd Street Patti Jo Sharmon 0t/18/01 Grandview Milkhouse 620 South Grandview James T. Jacobsen 01/30/01 Dubuque Inn 3434 Dodge Street Christine A. Keunedy 01/30/01 Midway Hotel/Hoffman 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 Drag 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. HECKMANN & MURPHY An Association of Sole Pract#ioners 175 Westmark Professional Building 1660 Embassy West Drive Dabuque, Iowa 52002 Telephone (319) 589-7000 Fac~m~ile (319) 589-7005 James M. Heckmann Law Offices, P.C.* Email Jameslteckma~m~ol.com *Also licensed in Illinois Robert J. Murphy Email mur12345~aol.com February 23, 2001 Jeaune Schneider, City Clerk Ci,t~r of Dubuque 13'~ and Main Dubuque, Iowa 52001 Re: Midway Hotel--Hoffman House -- Alleged unlawful cigarette sale 1/30/01 Dear Jearme: My client, the Midway Hotel, has been notified that they have been charged with selling cigarettes to a minor on January 30, 2001 per the attached letter from ChiefKim B. Wadding. The Midway Hotel regrets the incident. Rest assured that it has taken appropriate steps to ensure that such sales do not happen again. The Midway Hotel desires to dispense with the City Council hearing referred to in Chief Wadding's letter. Enclosed is a check payable to the City of Dubuque in the sum of $300.00 in satisfaction of the maximum civil penalty that could be assessed at that heating. Thank you, and the City Council, for your kind cbnsideration. Cc: Dan Gaab Ron Cavanagh ChiefKim B. Wadding Barry Lindahl o j4.0 s? eO X !O Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -01 ORDZNANCE AMENDZNG CHAPTER 25 (HZSTOP~C PRESERVATZON) OF THE CODE OF ORDINANCES OF THE C/TY OF DUBUQUE Whereas, the Historic Preservation Commission has recommended amendments to Chapter 25 (Historic PreservaUon Ordinance) of the Code of Ordinances of the Ob/of Dubuque, at the direction of the Dubuque City Council; and Whereas, the Ob/Council finds that the recommended amendments to the Histor'm 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 CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 25 (Historic Preservation Ordinance) of the Code of Ordinances of the Cib/of Dubuque is hereby amended as shown on Exhibit A. Secidon 2. The foregoing amendment has heretofore been reviewed by the Historic Preservation Commission of the Ob/of Dubuque, Iowa. Section 3. This ordinance shall take effect immediate6/upon publication, as provided by law. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor 3eanne F. Schneider, City Clerk F:\USERS\lcarsten\wp\Coundl~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. 25-5. Powers and duties generally; procedures for operations. Sec. 25-6. Identification and designation of landmarks, landmark sites and histodc districts. Sec. 25-6.1. Langworthy Historic Preservation District. Sec. 25-6.2. Old Main Historic Preservation District. Sec. 25-6.3. Jackson Park Histodc Preservation District. Sec. 25-6:4. Cathedral Histodc 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. Julian 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 historic districts; determination of no material 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. 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) Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural hedtage by preserving districts, landmarks, and landmark sites of historical, architectural and cultural significance; (C) 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 toudsts and visitors and the support and stimulus to business thereby provided; (F) Strengthen the economy of the city; and (G) Promote the use of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. Sec. 25-2. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below. Alteration: Any act or process which changes the exterior architectural appearance of a structure, site or area, including, but not limited to, the erection, construction, reconstruction, restoration, removal or demolition of any structure or part thereof, excavation, or the addition of an improvement. Archeological 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 architect, 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 odginal 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. Certificate of appropriateness. A document issued by the historic 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 Histodc Preservation Commission, as established by this chapter. Distdch A definable geographic area that can be distinguished from surrounding properties, and which possesses a significant concentration, linkage, or continuity of sites, buildings, struCtures or objects united historically or aesthetically by plan or physical development. Demolition: Any act or process which destroys in part or in whole a landmark or a struCture. Design guideline: A standard of acceptable activity which will preserve the prehistoric, historic, architeCtural, archeological and cultural charaCter of a building, distriCt, landmark, site or structure. Determination of no material effect: A document issued by the city manager or the city manager's designee indicating approval for any normal repair or aCt of maintenance as defined by this chapter, which: (1) Is not an alteration, construction, removal, demolition or excavation as defined by this chapter; (2) Does not create a 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. Exterior features: 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 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 i. Has yielded, or may be likely to yield, information important to prehistory and history. Historic 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 histodc 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. Integrity:. 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, architectural, archeological or cultural significance to the city, the state or nation. Landmark site: Any parcel of land of prehistoric or histodc archeological significance, or histodc significance due to its substantial value in tracing the prehistory or history of Native Americans, or upon which a histodc 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 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 a/ternatives: 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 archeologicel sites. Regulatedpermih 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. Repai~ 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, reck 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 histodc 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 dght 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 majodty 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. (1) 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 archeological sites; (5) 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, areheological 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, archeological or cultural value or significance as "landmarks" or "landmark sites"; (8) To maintain a register of all preper[ies 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 historic districts; l0 (1 '1) 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 cemmission 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) Historic districts. The designation of histodc districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the cemmission, 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) Criteda 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 b. Is associated with events that have made a significant contribution to the broad pattems 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 pm-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 cimulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. (E) Public hearing. Oral or written testimony concerning the significance of the nominated landmark, landmark site or 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 histodc 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 beadng 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 histodc district does or 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 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 historic distdct 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 headng 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 dudng 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 histodc district. (1) 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 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 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 tine of M. A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L 674; west along said line and along the south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 5-2-C.L. 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 1-1A~Dorgan's Sub.; southwest along said line and along the east line of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D.N. Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east along said line 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 of A. 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 Lodmer'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.1_. 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 w'K: 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 Codell'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 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 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. 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 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 Lores Boulevard and Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said south line to the east line of Lot 769B of A. McDaniel's Sub.; south along said east line and along the east right-of-way line of Grove Terrace and along the east line of 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-I 1-Lorimer'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-Farley's Sub.; west along said south line and along the south line of Lot 1-45-Fadey'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 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 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 867; 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 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. J ulien 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 I of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. Sec. 25-6.12. Shot Tower. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. Sec. 25-7. Demolition of landmarks, landmark sites or structures in historic districts; demolition by neqlect; certificate of economic non-viability. (A) Demo/ition genera//y. 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) Demo/ition by neg/ectprohibited. The owner of real property in any histodc distdct 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) paris 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 ars 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. 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 histodc 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 matedal 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 Histodc 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 exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, histodc or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness shall enable the 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 aitematives, 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-viabi/ity. 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 cartificate of economic non-viability issued. (E) The transfer of a determination of no matedal effect, certificate of appropriateness or certificate of ecenomic 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 matedal 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 histodc 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 right to resubmit a modified proposal at any time. 22 (H) Pdor 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 cemmission 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 conceming 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 recemmendations of the historic preservation commission for changes necessary for the issuance of a certificate of appropriateness; b. A report from a licansed engineer or amhitect 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 centinued 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 reuse of the existing structure on the property; e. The amount paid for the property, the date of pumhase 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 pumhased, 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, dudng 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 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 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. tf 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 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 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 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 material 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. (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 non-viability and has suspended its decision regarding a certificate of economic non-viability pursuant to subsection (h)(I)(3)a.2. Sec. 25-10. Standards for review. (A)The commission shall consider each design review on the medts of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the 25 specific historic setting, amhitectural 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 Archaeology and Histodc Preservation", the Secretary of Intador'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 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 cfa 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 written notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. (F) An appellant who is not satisfied by the decision of the city council may appeal within six[y (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 1-17 of the City of Dubuque, Code of Ordinances. Ica rsten/wp/H pc/hpord~2.doc 27 Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 5894210 F~x (319) 5894221 February 28, 2001 The Honorable Mayor and City Council City of Dubuque 50 W. 13th 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: 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. 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. Prohibit Demolition by Neglect, 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 Planning Advisory Commission for the Zoning Advisory Commission, for the review of nominations, amendments and recissions for designations of landmarks, landmark sites and historic districts. 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/Council/hpordarnend.ltr,doc Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -01 ORDINANCE AF4ENDING 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 1T ORDAINED BY THE CITY COUNCIL OF THE CI-I-Y 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:\USERS\lcarsten\wp\Council\HPOarnend.ORD.doc Exhibit A Chapter 25 HISTORIC PRESERVATION {Proposed language to be added is bold; existing language proposed for deletion is emssed-eu~ 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 histodc districts; demolition by neglect; certificate of economic hcrdsh!p 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 hcrdsh!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 hardch!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) (-I-) 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 heritage by preserving districts, landmarks, and landmark sites of historical, architectural and cultural significance; (C) (~ Stabilize and improve property values; (D) (4) Foster civic pdde in the legacy of beauty and achievements of the past; (E) ~ Protect and enhance the city's attractions to toudsts and visitors and the support and stimulus to business thereby provided; (E) (6) Strengthen the economy of the city; and (G) (7-} Promote the use of districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. Sec. 25-2. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below. Alteration: Any act or process which changes the extedor 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, 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 structura(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 h~rdshtp 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 h3rdsh!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 matedal change in the extedor architectural appearance or exterior features of a structure or site; and (3) Nonetheless does raquira a regulated permit. Excavation: The digging out or removal of earth, soil. Exterior architectural appearance: The architectural style and character and the general composition and arrangement of the extedor of a building or structure. Exteriorfeatures: The architectural 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, doors, 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 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. Integrity. 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, architectural, archeological or cultural significance to the city, the state or nation. Landmark site: Any parcel of land of prehistoric or historic archeological significance, or histodc significance due to its substantial value in tracing the prehistory or history of mc~ Native Americans, or upon which a histodc 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 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 rbcords 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 permib. 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: bui~din.~s, 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 histodc 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 I 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 three-year terms. (D) (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) (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) (g) Members shall serve without compensation. Sec. 25-4. Election of officars; organization; rules and bylaws; conduct of meetings; 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) ~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) (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) (-f)A quorum of the commission shall be required in order to transact business. (G) ~j) 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. (1) ~) A member of the commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve-month pedod. 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 .qenerally; 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)(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 archeological sites; (5)/df-) 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) ~<5) 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)/~) To assist and encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Histodc Places, and review and comment at a public headng 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 (10) (9) To confer recognition upon the owners of landmarks or of property or structures within historic districts; ('1'1) (10) To review in-progress or completed Work to determine compliance with specific certificates of appropriateness or certificates of economic h~rdch!~, 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 whc,", cc r~qu~ct~d 5¥ thc ,.;,, ....... a 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) (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) Historic districts. The designation of histodc districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the 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-) Cdteda 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 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, 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) (d) Notification of nomination. Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public headng. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public headng 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 proper[7 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) (e) Public headng. Oral or wdtten testimony concerning the significance of the nominated landmark, landmark site or historic district shall be taken at the public heating 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 histodc district with the criteria set forth in paragraph (c) above. The owner of any nominated landmark, landmark site or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross-examine expert witnesses. The headng shall be closed upon completion of testimony. (F) ¢) Determination by the commission, recommendation and report. Within thirty (30) days following the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site or historic district 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 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 =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) (~ Action by long range planning advisory zc~..-.~ commission. Within sixty (60) days after receipt of the commission's recommendation, report and proposed ordinance or amendment, the long range planning advisory -"c~!,qg 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)/~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 pdor to the date of any public headng 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,qi~.~ 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 histodc 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) ~+)-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 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 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; ail 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 I 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 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 Histodc Preservation District. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M. A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 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 1-1-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 I-I-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 of A. 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 Lodmer'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 Codell'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 tine 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 histodc 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-Lorimer'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-Fadey'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 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 tine 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 1-1-1-3-0.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 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: 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. Juiien 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 I of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. Sec. 25-6.12. Shot Tower. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. Sec. 25-7. Demolition of landmarks, landmark sites or structures in 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 headng, the commission issues a certificate of appropriateness or a cer[ificate of economic hardship non-viabitity 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; cert'rF~cate of economic h2rdsh!p non-viability. (A) (a) After designation of a landmark, landmark site or historic distdct 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 matedal 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) (e) Upon review, the commission shall have the authority to take the following actions: (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 Histodc Preservation", Prcjcc*~," Wcch!~,tc~, 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 (2) Approve the proposed project; certificate of appropriateness. a. The commission shall issue a certificate of appropriateness if, upon application and after hearg~ conducting a review of the application, it finds: 1. That the property owner orthe 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 hc;dch~F, non-viability. The commission shall issue a certificate of economic h=;d=h!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)/~L) 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 hcrdsh!p non-viability issued. (E) (e) The transfer of a determination of no material effect, certificate of appropriateness or certificate of economic hardsh!p non-viability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. (F) (4) Each determination of no material 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 matedal effect, certificate of appropriateness or certificate of economic hcrdch!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 hardship 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) (~) 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 ,~, rcqu=st fcr 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 Commu,",!ty ~,",d E~ 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) (~ tf the proposed project is approved, the commission shall issue a certificate of appropriateness. (G) (9) 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 right to resubmit a modified proposal at any time. (H) Prior to filing an application for a certificate of economic non-viability, as provided for in subsection (I) below, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain preservation alternatives 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) (g) 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 hcrdsh!p non-viability. (1) Upon application or motion for a certificate of economic h:rdeh!p 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 hardship 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; 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. tf 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 depredation 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 hc;dch!~, non-viability. The commission shall review all of the evidence and information required of an applicant for a ceWn%ate of economic h=rdch!~. 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 h~rdch[p non*viability; or 2. At its discretion, postpone, for a pedod not to exceed one hundred eighty (180) days, the issuance of a certificate of economic hcrdch!~, 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 pedod, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a certificate of economic hcrdchi~, 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 property, then the commission shall deny the application for a certificate of economic h~rdch!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~h!p 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!~, non-viability and has suspended its decision regarding a certificate of economic h3rdch!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",,D"^;"'^{'~*, vjvv,.," %Al,~,l~;~,w-~,~r*..-.,....=.~.., _.v.,n ,-, !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, shall provide the guidelines by which the commission shall review an application for a certificate of appropriateness or certificate of economic 26 .~'"~'~'~".~, ~, ,,r- non-viability, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior m=¥ shall be adopted by the commission. (C) {c--) The commission shall also be guided by any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. Sec. 25-11. Appeals from commission action. (A) (a) An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal with the ............. ~ ....~ ..... ;,. n .... ~ .....~ - - ................. ,- ....... Planmng Services Department within thirty (30) days from the date of notice of the commission's action. (B) (J~) Upon filing of a notice of appeal, the ............. · ....Ecc~cm!c ...... ,. ....... Planmng 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) (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) (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) (4) 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. Sec. 25-12. Inspection. (A) (,3) After a certificate of appropriateness or certificate of economic hardship 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. IcarstenANp/Hpc/h pord#3,doc 28 CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Acquisition of Brewery Property On June 5, 2000, the City Council approved the Urban Renewal Plan for the Ice Harbor Urban Renewal District. The brewery property was included on that plan as designated for property acquisition. The next step in the acquisition process is for the City Council to establish the fair market value of the property. Based on appraisals received from Felderman Appraisals and Luksetich Real Estate Appraisals, I respectfully recommend that the Mayor and City Council establish the fair market value at $1,390,000. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel RESOLUTION NO. -01 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY TFIF~ 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 condematiun; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has estabY~shed for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $1,390,000. AND WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, TI-~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $1,390,000. 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 19th day of March, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk RESOLUTION 24] -00 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT. Whereas, on May 8, 2000, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Ice Harbor Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the 4~h Street Peninsula area; and Whereas, the Long Range Planning Advisory Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DI?BUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution along with the Plan in the office of the Dubuque County Recorder. Passed, approved and adopted this Atte~: Scan' er, City Clerk day of June, 2000. //~/~ /~ Terrance M Mayor F:\US E RS\Pmyh r¢\WpDOCS\UR\Ice Harbor\planrnemo. res. wpd AMENDED AND RESTATED URBAN RENEWAL PLAN Ice Harbor Urban Renewal District City of Dubuque, Iowa This Urban Rene;val Plan provides for the development of the Ice Harbor Urban Renewal District. It was adopted by Resolution 403-89 of the City Council of the City of Dubuque, Iowa on December 18, 1989 and further amended and restated by Resolution 241-00 on June 5, 2000. Prepared by the Community and Economic Development Department. June 2000 TABLE OF CONTENTS I. INTRODUCTION ti. JuSTIFICATION FOR THE DESIGNATION Iti. OBJECTIVES OF THE PLAN IV. DISTRICT BOUNDARIES V. PUBLIC pLrRPOSE ACTIVITIES VI. DEVELOP~MENT A_REA VII. FINANCING ACTMTIES VIII. STATE AND LOCAL REQUIREMENTS IX. DURATION OF APPROVED URBAN RENEWAL PLAN X. SEVERABILITY X2. AtMENDMENT OF APPROVED UP, BAiN RENEWAL PLAiN XII. ATTACHMENTS Page 1 Page 1 Page 1 Page 2 Page 3 Page 3 Page 5 Page 7 Page 7 Page 7 Page 7 Page 8 Amended and Restated URBAN RENEWAL PLAxN Ice Harbor Urban Renewal District City of Dubuque, Iowa. I. INTRODUCTION This URBAN RENEWAL PLAN ('~the Plan") has been prepared to provide for the redevelopment of the Ice Harbor Urban Renewal District ("the District") and to stimulate, through public actions, financing and commitments, private investment within the District. In order to achieve this objective, the City of Dubuque shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code. II. JUSTIFICATION FOR THE DESIGNATION The City Council of the City of Dubuque, Iowa has determined that the following blighting conditions, as defined by Chapter 403 of the Iowa Code, Urban Renewal Law, exist within the Ice Harbor Area: Undeveloped and underdeveloped land; A preponderance of deteriorated, dilapidated and obsolete public and private improvements; A faulty lot layout in relation to the size, adequacy and usefulness of the lots; Fragmented property, ownership patterns; A lack of public utilities; An inadequate street layout. The Council declared by Resolution of Necessity No. 381-89, on November 21, 1989, and No. 195- 00 on May 8, 2000, that combined, these factors have substantially impaired and arrested the sound ~owth of the City of Dubuque and of the Ice Harbor Area. III. OBJECTIVES OF TI-YE PLAN The City of Dubuque believes that the designation of the Ice Harbor Area as an URBAN RENEWAL DISTRICT will assist in the removal or improvement of these blighting elements and w/It enhance the attractiveness of the area as a potential site for new and expanding residential, commercial, recreational and educational activity. The OBJECTIVES of the Plan are to be accomplished through the: Provision of attractive, property for residential, commercial, recreational and educational development; Development of an adequate support system for new and expanding river-related tourism activities; Creation of financial incentives necessary to encourage appropriate redevelopment opporttmities; Creation of financial incentives necessary to attract new residential, commercial, recreational and educational concerns to the community; Expansion of the existing property tax base of the commtmity; Enhancement of existing and construction of new ir~astmcture and public improvements and facilities; M&ximization of transportation opportunities provided by the 151/61 Freeway; Creation and retention of permanent employment opportunities for local residents. IV. DISTRICT BOUNDARIES The District is located xvithin the City of Dubuque, County of Dubuque, State of Iowa. The District shall include two subareas: Subarea A shall include that area generally bounded On the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad dght-of-x~ny, on the south by East First Street and on the east by the municipal Iim/ts of the city of Dubuque, Iox~-a and including any adjoining public right-of-~vay. Sub,~a B shall include that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northerly boundary of Subarea A and on the east by the municipal limits of the city of Dubuque (excluding Lot 1 Adams Co.'s 2nd Addkion) and including any adjoining public right-of-way. The boundaries of the District are delineated on the URBAN RENEWAL DISTRICT map, attached hereto as Attachment A, The City of Dubuque reserves the right to modify the boundaries of the District at some future date in accordance ~Sth Chapter 403 of the Iowa Code, Urban Renexval Law. 2 V. PUBLIC PURPOSE ACTIVITIES To meet the OBJECTIVES of the Plan, the City of Dubuque is prepared to initiate and support redevelopment thzough the following public purpose activities: Pre-development plan~ing, including feasibiliw analysis and engineering; insta~lafion, construction and reconstruction of streets, utilities, parking facilities, boat docks and other public improvements, including but not limited to the Riverwalk and Harborwalk improvements and amenities and convention facilities; Relocation or elimination of existing ralkuad spur lines; Closing or vacation of existing streets and public fight-of-ways; Acquisition of property through negotiation or eminent domain; Demolition of existing improvements; Site preparation, including planning, design and engineering; Environmental assessment and remediafion; Sale or lease of land for development purposes; Financial assistance for eligible public and private redevelopment and development efforts. Public purposes activities shall be limited to ~hose areas delineated on the PUBLIC ACTMTY AREA map, attached hereto as Attachment B. All public purpose activities shall meet the development restrictions and limitations placed upon the District by the Plan. VI. DEVELOPM2ENT AREA Land Use Development and Redevelopment Requirements The intent of the ICE HARBOR DEVELOPMENT AREA is to promote the development and redevelopment of quality residential, commercial, recreational, educational and tourism activities in the District. The DEVELOPMENT AREA shall include ali of Subarea A and Subarea B. Land Use The EXISTING LAND USE map, attached hereto as Atxachment C-1, identifies the existing land uses within the Ice Harbor Development Area. The PROPOSED L.&ND USE map, attached hereto as Attachment C-2, defines the proposed land use of the Ice Harbor Development Area. 3 Future rezoning to allow a mix of residential, commercial, recreational and educational uses will be proposed for the entire District. Plannin= and Desian Criteria The Bulk Standards, Parking Requirements and Signage Rest54ctions established within the City of Dubuque's Zoning Ordinance for applicable zorfi-ng districts shall apply to all development and redevelopment activities. Specific design standards applicable to the Ice Harbor Development Area may also be developed to ensure the comprehensive and compatible development of the District. The planning criteria to be used to guide the physical development of the Ice Harbor Development Area are those standards and guidelines contained within the City of Dubuque's Zoning Ordinance and other applicable local, state and federal codes and ordinances. A master site plan of the Ice Harbor Development Area may also be developed to =m.fide public and private development opportunities in the District. Public Development Activities The City of Dubuque is prepared to meet the OBJECTIVES of the plan and to fizrther the redevelopment of the Ice Harbor Development Area through the implementation of one or more of the following: Pre-development planning, including feasibility analysis and engineering; · ~,e~zoning~f~e4eeHarbor E)evet opmcnt-A~eap; ~ _~ ~.~Y Acquisition of property through negotiation or eminent domain; f.) · M---Degel~ment and implementation of an overall plan to provid_~e fo~the enhancement of existing and proposed residen~mmercial, re~ucationaI and tourist facilities and activities; Installation, construction and reconstruction of streets, utilities, parking facilities, boat docks and other public improvements, including but not limited to the Pdver~valk and Harborwalk improvements and amenities and convention facilities; Relocation or elimination of existing railroad spur lines; Closing or vacation of existing streets and fight-of-ways; Demolition and or relocation of ex/sting private improvements and dredging; Site preparation, including plamzing, design and engineering; Environmental assessment and remediatlon; Sale or lease of land for development and redevelopment purposes; Use o flax increment financing, loans, grants and other appropriate financial tools for eligible public and private redevelopment and development efforts. Publicly held land is to be developed for viable residential, commercial, recreational and educational uses and not sold for speculation. Developers Mil be selected on the basis of the quality of their proposals, their ability to carry out such proposal, their ability to conform to this Plan and the level of community benefit. Eminent Domain and Relocation Requirements The City of Dubuque anticipates a potential need to acqu/re and relocate one or more ex/sting commercial and industrial enterprises. (See LAND ACQUISITION AREA map, attached hereto as Attachment D.) Btisinesses displaced by development activities .w/ti be provided relocation assistance in accordance w/th applicable provisions of Chap{er 316 of the Iowa Code, Highway Relocation Assistance Law. There are, to the knowledge of the City of Dubuque, no residential properties currently located with/n the Development Area. VII. FINANCING ACTIVITIES To meet the OBJECTIVES of this Plan and to encourage the development of the District and private investment therein, the City of Dubuque is prepared to provide financial assistance to qualified businesses through the making of loans or grants under Chapter 15A of the Iowa Code and through the use of tax increment financing under Chapter 403 of the Iowa Code. Chapter t 5A Loan or Grant The City of Dubuque has determined that the making of loans or grants of public funds to qualified businesses is necessary to aid in the planning, undertak/ng and completion of urban renewal projects authorized under this Plan w/thin the meaning of Section 384.24(3)(CD of the Iowa Code. Accordingly, in furtherance of the OBJECTIVES of this Plan, the City of Dubuque may determine to issue bonds or make loans or grants, in reliance upon the authority of Section 384.24A, Section 384.24 (3)(cD, Section 403.12 (general obligation bonds) or Section 403.9 (tax increment bonds), for the purpose ofmaklng loans or grants of public funds to qualified businesses. Altematively, the City may determine to use available funds for the making of such loans or grants, tn determi_nSng qualifications of recipients and ~vhether to make any such individual loans or ~ants, the City of Dubuque shall consider all of the factors set forth in Section 15A. 1 of the Iowa Code on a case~by- case basis. Tax Increment Financin~ The City of Dubuque is prepared to utilize tax increment financing as a means of financing eligible costs incurred in furtherance of this Plan. Bonds or loans or grants may be issued by the City under the authority of Section 403.9 of the Io~va Code (tax increment bonds) or Section 384.24A, Section 384.24(3)(q) and Section 403.12 (general obligation bonds). The City acknowledges that the use of tax increment revenues delays the ability of other local taxing bodies to realize immediately the direct tax benefits of new development in the District and the City, County and School District may receive less tax revenue during the duration of this Plan than they would have received if this Plan were not implemented. The City believes, however, that the use 5 of tax increment revenues to finance the public improvements and to promote private investment in the District is necessary in the public interest to achieve the OBJECTIVES of this Plan. Without the use ofth/s special financing tool, new investment may not other'wise occur. If new development does not take place in Dubuque, property values could stagnate. Tax increment financing will provide a long-term payback in Overall increased tax base for the City, County and School District. The in/rial public investment required to generate new private investment will ultimately increase the taxable value of the District well beyond its current value. Tax increment reimbursement may be sougjat for, among other things, the following costs to the extent they are incurred by the City: Planning and administration of the Plan; Pre-development planning, site planning, design and engineering; Construction or reconstruction of public improvements, amenities and facilities within the District; Acquisition of land and preparation of same for sale or lease to private developers, including any "write down" of the sale price ofth~ land; Construction of buildings or facilities to be sold or leased to businesses; Environmental assessment and remediation; Loans or grants to qualified businesses under Chapter 15A of the Iowa Code, including debt service payments on any bonds issued to finance such loans or grants; Providing the local matcking share for CEBA, RISE and or other local, state and federal grants and loans. Proposed Amount of Indebtedness At this time, the extent of improvements and new development vdthin the District is only generally known. As such, the amount and duration of use of the tax increment revenues for public improvements and/or private development can only be estimated. The actual use and amount of tax increment revenues to be used by the City for District activities will be determ/ned at the time specific development is proposed. It is anticipated that the maximum amount of indebtedness, including principal, interest and City advances, which will qualify for tax increment revenue reimbursement during the duration of this Plan, including acquisition, public improvements and private development assistance, will not exceed $35,000,000. At the time of adoption of the Plan, the City of Dubuque's current general obligation debt is $8,095,000 (a list of obligations is found as Attachment E) and the applicable constitutional debt limit is $I03,883,600. VIII. STATE .4~ND LOCAL REQUIREbIENTS Alt provisions necessary to conform wSth state and local law have been complied with by the City of Dubuque in the adoption of this Plan and its supporting documents. · DC DURATION OF APPROVED URBAN RENEWAL PLAN Tn.is Plan shall be in effect for a period of thirty (30) years from adoption er amendment of this Amended and Restated Urban Renewal Plan or until such time that the City of Dubuque has received full reimbursement from all incremental tmxes of its advances and principal and interest payable on all Tax Increment Financing or general obligations issued to carry out the OBJECTIVES of the District. X. SEVERABILITY In the event one or more provisions contained id this Plan shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or unenforceability shall not affect any other provision of this Plan and this Plan shall be construed and implemented as if such provision had never been contained herein. XI. AiMENDMENT OF APPROVED URBAN RENEX,VAL PLAN This Plan may be amended from time to time to respond to development opportua/ties. Any such ,'m~endment shall be completed in accordance ~Sth Chapter 403 of the Iowa Code, Urban Renewal Law. Any change effecting any property, or contractual right can be effectuated only in accordance with applicable state and local la~v. X/I. ATTACHMENTS A Urban Renewal District Map, with Subareas B Public Activity Area Map C-1 Existing Land Use Map C~2 Proposed Land Use Map D Land Acquisition Area Map E List of Obligations 8 C Fi ' oooooooo 5 0000000 ~ ooooooo o o oo~ooo~ 00000000 0 0 00000000 0 0 00~0000 00000000 0 0 0000000 ~ 00000000 0 0 000 O0 O0 ~ 00000000 0 0 0000~00 0 ,2o APPRAISAL INSTITUTE THOMAS A. LUKSETICH ASBURY SQUARE 2255 J.EK. 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 Dubuqlle 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 SUFR~ARY OF SALIENT FACTS 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: 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~ Heavy Industrial. The appraiser is amalyzing the property as a Cormmercial/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 APPP~AISAL 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 amd 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; - Pa!zment 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 value 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 q~alified 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 ~%owledge required discovering them. AMERICANS WITH 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 heavy 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 name 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. Har. Imp. Co. Add. Lot 38 Block 11; Sub. 11 Dub. Har. Imp. Co. Add. Lot 1 Block 5 and Sub. 12 Dub. Hat. Imp. Co. Add. Lot 1 Block 5; Sub. 22 Dub. Har. Imp. Co. Add lot 1 Block 6, Sub. 23 Dub. Har. Imp. Co. Add Lot 1 Block 6, Sub. 24 Dub. Har. 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. Hat. Imp. Co. Add. 13-16 Blk. 6 Subs. 17, 18, 19, & 20 Dub. Har. Imp. Co. Add. Lot 1 Block 6; Dub. Har. 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. Hat. 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. Hat. Imp. Co. Add. FUI~CTION 0F THE APPRAISAL: 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 BATE 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; Hain 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 ma~y 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 dest±nation. The riverwalk and new hotel will also be a great benefit to the subject 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 amphitheater 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. All 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, Hea~of 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 subfect. 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 same 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. LAiqD SALE A~ALYSIS: 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.4th 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 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 V.G. 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'Kelly' s Dubucfue 10 - 98 117,612 $611,000 PC 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 Riverwalk 2~ Addition ~ Dubuque 10-99 24,219 $56,500 HI Excellent S~RY 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. W~%ile 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, lA. 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 %1t: 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 adjustment, 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 downward adjustment of 34%. This works out at $6.74 per sq.ft. Comparable ~12: Lot 2 Riverwalk 2na 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. IJ~ND SALE RECONCILATION: 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 cormmercial-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 THOUSAi~D DOLLARS. YLENCLARK CERTIFICATE AiYD 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 national 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. Ail 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 AAID 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. Amy sketch in the report may show approximate 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 q~estion, 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 ao 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 instrumentality 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 mariner. 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. ENVIRONMENTAL 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 PREPARED FOR: CITY OF DUBUQUE DUBUQUE, IOWA PROPERTY: $00 E 4r~r STREET (CROMPTON & KNOWLES) DUBUQUE, IOWA PREPARED BY: FELDERMAN APPRAISALS DUBUQUE, IOWA City of Dubuque Attn: Barry L'mdahl 196 Cycare Plaza Dubuque, IA 52001 FELDERMAN APPRAISALS 1179 Iowa Street, Dubuque, Iowa 52001 Webpage: http://www, feldermans, com Voice (319) 557-1465 FAX (319) 5884214 lOMarch2001 Appraisal of 500 E. 4m Street (Crompton & Knowles), Dubuque, Iowa, 52001 In accordance with your request for a complete appraisal in a summary report of the property identified in this report, I submit herewith the following that ascertains my method of appraisal and contains some of the material gathered and considered in the preparation of this report. Please be advised that the property has been inspected and that I believe to be reliable all data contained herein which was furnished me by others. Thepurpose of the appraisal is to provide an estimated opinion of the real property market value, as is, in fee simple, unencumbered by liens, as of a given date (or current market value, if not specified otherwise). The function of the appraisal is for purchase, or condemnation purposes. This appraisal report (including definitions used) is completed in accordance with the currem "Uniform Standards of Professional Appraisal Practice" as promulgated by the Appraisal Standards Board of the Appraisal Foundation~ The invoice is considered part of this report. As of 21 February 2001, the current estimated opinion of market value (based on the highest and best use as commercial land with the buyer paying for demolition costs of $280,000) for the subject property is, TWO HUNDRED NINETY SEVEN THOUSAND DOLLARS R. J. Felderman J.L. Felderman FELDERMAN APPRAISALS - DUBUQUE, IOWA TABLE OF CONTENTS INVOICE TITLE PAGE LETTER OF TRANSMITTAL TABLE OF CONTENTS SUMMARY OF SALIENT FACTS SCOPE OF THE APPRAISAL APPRAISAL PROCESS ENVIRONMENTAL HAZARDS HIGHEST AND BEST USE 1 2 3 4 7 8 12 13 MARKET1NGAND NEIGHBORHOOD DATA SITE DESCRIPTION IMPROVEMENTS DESCRIPTION LAND VALUE COST APPROACH INCOME APPROACH SALES COMPARISON APPROACH FINAL ESTIMATE OF VALUE 15 37 39 41 44 45 46 47 ADDENDA BUILDING SKETCH AREA MAP MAP(S) OF SUBJECT AND COMPARABLES PLAT MAP OTHER MAPS AND/OR DATA PHOTOGRAPHS OF SUBJECT APPRAISERS CERTIFICATION & LIMITATIONS QUALI]7ICATIONS OF APPRAISERS COMPARABLE SAI,ES DATA SHEETS BIBLIOGRAPHY COMMUNITY QUICK REFERENCE SHEET A B C D E F G H I J K 3 COMPLETE APPRAISAL IN A SUMMARY REPORT OF 500 E. 4TH STREET (CROMPTON & ICNOWLES PROPERTY), DUBUQUE, IOWA, 52001. Legal: Interest Being Appraised: Purpose of the Appraisal: Function and Use of Appraisal Report: Value Estimated: Sale Price/Sale Date: Effective Date of Appraisal: Date of Appraisal Report: Final Estimate of Value: Lot Size: Building Size (Gross): Year Built: Highest and Best Use: Assessor Identification: 4 Lengthy, see plat. Fee Simple Property Rights Estimate Opinion of Market Value Purchase or condenmation Market Value of Real Estate N/A 21 February 2001 10 March 2001 $297,000 (as is) 76,971 square feet 60,017 square feet, over five above ground levels 1898, 1980, 1981 Commercial Use 11-30-129-001 Assessed Value/Net Taxes~ Owner: Occupant: Last Sale Date: Special Flood Hazard Area: Area Boundaries: Census Number: Historic District: Zoning: Assumptions and limiting conditions: Restriction placed on assignment: Estimated Marketing Time: Personal Property included: $339,610 / $10,242 Crompton & Knowles Vacant None, as improved, in past five years. No. The subject is located in Flood Hazard Area Zone X (unshaded), Area above from the 500-year flood plain. See Map 195180- 0006 B dated 9/6/1989. City of Dubuque, Area 02.00 (see map) Map 19-061, Tract 0002.00 N/A The subject property is currently zoned CR, Commercial Recreation District. Refer to excerpt in Addenda. (See attached) Summary Report. Value based on buyer paying for demolition estimated at $280,000. 180 days to over one year None Value Indications: Land Value: $297,000 Cost Approach: $297,000 Income Approach: n/a Sales Approach: $297,000 SCOPE OF THE APPRAISAL This is a complete appraisal in a summary report. Barry Lindahl, attorney for the City of Dubuque, contacted Felderman Appraisals to appraise the property identified in th/s report. Cmmpton & Knowles are identified as the owners the property, which is located in Dubuque, Iowa. The appraiser will determine an estimated opitfion of market value, based on the buyers (City of Dubuque) paying for condemnation estimated costs of $280,000. The property is to be purchased or condemned in its entirety. The property will be values as of the most recent date of inspection, 21 February 2001. All three approaches to value are considered: Cost Approach to Value, Income Approach to Value, and Sales Comparison Approach to Value. A final estimate will be reconciled fi:om these approaches. 7 APPRAISAL PROCESS The estimated opinion of market value based on a correlation of values obtained fi.om the three approaches to value. These are the Cost Approach, Income Approach, and Sales Comparison Approach to Value. See the glossary addendum for a detailed description of"Market Value" as used in this appraisal. COST APROACH The cost approach is based upon the theory that a well-informed buyer will pay no more for a property than the cost to replace it in a reasonable time (RCN), plus the cost of similar land. Typically, the buyer will pay something less for existing property than its cost new, and this is attributable to factors of age and changing standards of layout and construction. The cost new, then is reduced by these factors in three categories of depreciation to arrive at a discounted improvement value. These categories of depreciation are physical, functional, and economic. Physical depreciation is caused by the physical wear of the improvements and their age. Functional obsolescence is due to either inadequacies or super-adequacies in building desigm Forces outside of the property cause economic obsolescence which decrease the utility of value of the improvements. Reproduction Cost New (RCN) is derived from Marshall & Swift or Boecke Valuation Guides as well as local builders. The remaining economic life is the appraiser's estimate based on the condition of the buildings. The rates of depreciation are estimated from sales of improved properties or fi:om guidelines estimated by "visual observation." Land value is estimated based on market research and general knowledge with the assumption that is can be put to its highest and best use. 8 SALES COMPARISON APPROACH This approach is based upon the Principal of Substitution that states that a prudent purchaser would pay no more for real property than the cost of acquiring an equally desirable substitute on the open market. It presumes the sale of similar or nearly similar properties from which units of comparison may be extracted and applied to the property being appraised for an indication of property value. INCOME APPROACH The Income Approach considers the stream of income that the property is likely to produce during its economic life, and converts this income to a value estimate. (Net Income divided by Rate equals Value). The Rate or Capitalization Rate is derived from the Market. This Approach considers the current or potential income based on the property potential to earn a future income stream. This value is based on the principle of anticipation, as the owner is trading current assets for the right to a future income stream. 9 PROCESS OF COLLECTING, REPORTING, AND CONFIRMING DATA Information was gathered from: Federal Agencies such as U.S. Departmem of Agriculture (ASCS), City and County Assessors, County Auditor, County Treasurer, City and County Zoning Departmems, City and County Engineers, Area Multiple Listhngs Services, Appraiser fries of previous inspections or appraisals, market information maintained in appraisers files, discussions with real estate brokers and appraisers, U. S. Census Bureau, and Federal Emergency Management Agency (Flood status). J. L. Felderman and Dan Hudek inspected subject the exterior of the property on 21 February 2001. The co-appraiser previously conducted an inspection ofthe improvements and site. All of the comparables used in this report have been inspected, unless otherwise indicated by not having a photo page. All of the data was verified, and considered correct based on data provided by others. 10 In October of 1997, the National Education Center for Agricultural Safety opened it doors on a parcel of land adjoining the Northeast Iowa Community College (NICC) in Peosta. NICC has indicated there wilt be expansions in the near future. There are new housing subdivisions along the north side of Peosta, and in 1999, a condominium and single-family development began construction along the north side of Thunderhills Golf and Country Club. The overall Tri-State Area market should continue to grow, subject to favorable interest rates, and a continued stable to increasing economic market. The City of Dubuque continues to expand along its major arterials both west and south, with several annexations taking place in recent years. The City of Dubuque Housing Department has identified a continued shortage of elderly housing, and multi-family residential dwellings in general (with emphasis on low-income properties). There have been rental surveys completed in Dubuque since 1997. The most recent survey shows occupancy rates at 95+% for s'mgle family, 87% to 90% for duplexes, and 85% to 90% for multi-unit apartments. Dubuque and Tri-State Area rent increases are stable to slightly increasing from 1997 to 1998, and stable in 1999 through 2000. The occupancy rates appear to have increased based on discussions with local brokers and landlords. There have been two new apartment buildings (Applewood Senior Apartments, with a total of 92 units) constructed along Pennsylvania Avenue since 1994. Luther Manor, a nursing and retirement complex, added a special residential care facility in 1996. A retirement housing area has been constructed along Pennsylvania Avenue near Hempstead High School. Two low income-housing complexes have been completed along Crescent Ridge since 1996, both with over 42 traits. 34 The Tri-State Area has also seen the renovation of many older downtown properties for low- income housing. Area vacancies were typically less than 2% vacancy rate in the early 1990's; but with the construction of several new single family and multiple family complexes, the area has seen increases in apartment vacancy rates with recent stabilization as discussed above. The downtown multiple family residential vacancy rates have increased to a range that appears to have stabilized between 5% and 20% (less in some areas and for some types of property), with the upper floor apartments having the higher rates. Commercial property vacancies range from 0% to 15% for downtown property (higher end for multi-level property), and 0% to 5% for most westside property. Industrial vacancies range from 0% to 10% throughout the Tri-State. Residential vacancies tend to range between 0% and 15% with lower rates for single family (typically below 5%) and higher for downtown property. The overall Dubuque Area continues to see new residential, commercial, and industrial interest, and there are plans for several new businesses and subdivisions throughout the city and county. 35 Dubuque County has had a steady decrease in unemployment since 1984. In 1994 the unemployment rate was 3.7%, 1995 was 3.7%, 1996 was 5.8% 1997 was 3.9%, 1998 was 3.2%, 1999 was 3.0%, and 2000 has maintained levels at or below 3.0%. Unemployment % 12- ~ 7 Year There have been steady increases in total annual employment, increases in population, and a substantial increase in yearly building permits over the past five to ten years. Refer to previous charts in this area discussior~ 36 BRIEF SITE DESCRIPTION The subject property has approximately 76,971 square feet of land (according to the City of Dubuque Assessor Sheets and information provided by the City of Dubuque). ACCESS: The parcel is accessed ~om the intersection of 4th Street to White Street or Central Avenue (both are major arterial). 4th Street is a two lane, two-way, brick-paved streets with concrete curbs, gutters, and sidewalks along the subject property. UTILITIES: Public utilities are available to the area, including: electricity, telephone, gas, city water, and sewer. DRAINAGE appears adequate, and flows towards property lines. PARCEL SIZE is small for industrial sites and typical for commercial sites in the area. The site is irregular in shape. VIEWS of nearby properties include industrial, floodwall, and property either wansitioned or in tbe process of transitioning to commercial and/or commercial recreation uses. Tbe neighborhood has been announced for commercial uses by the City of Dubuque. EASEMENTS: There are no apparent known adverse easements, known eneroachraents, or known special assessments. The property has typical utility easements and access easements. MAINTENANCE & CONDITION: The commercial properties in this immediate area are in overall good condition, and the industrial properties range fi.om poor condition to average condition~ Many of the properties in the area are over fii~y years old, but there continues to be new commercial construction planned in the area. The entire Fourth Street Peninsula is planned for a future transition to commercial recreation uses by the City of Dubuque. 37 PROPERTY COMPATIBILITY: The subject, as improved, is not compatible with the planned commercial uses. However, with a commercial highest and best use the property is compatible with immediate area uses. DEVELOPMENT POTENTIAL: Development is stable to increasing throughout Dubuque. There are new improvements taking place alt through Dubuque and areas immediately along its outskirts. There are several areas surrounding the edge of the City of Dubuque that are programmed for future annexation. Downtown development typically involves the demolition of older buildings, such as the current improvements on the subject site. 38 BRIEF DESCRIPTION OF IMPROVEMENTS The subject property includes an original brewery with pub and offices, and additions for bottling and distribution. The total complex has approximately 60,017 square feet over five levels. The ma'm level has 32,101 square feet, the second level has 12,518 square feet, the third level has 8,974 square feet, the fourth level has 5,824 square feet, and the penthouse level has approximately 600 square feet. The information provided in this description is based on previous inspections by the appraiser and not the most recent inspection. BUILDI2qG: AGE: 1898, 1980, and 1981 FOUNDATION: The building has mix of stone and poured concrete foundations EXTERIOR: The exterior walls are; common brick for the original buildings, metal for the distribution section, and concrete block for the bottling section. ROOF: All buildings have a flat roof(tar and gravel, membrane), with metal gutters except for the gable metal roof for distribution section. There is evidence of leaks on the two-story office and pub section. Other than the distribution section and the office roof, the other areas appear to have had repairs or replacements. INTERIOR: The interior materials vary from section to section. The distribution section has unfinished insulated walls, the bottling section has painted concrete block walls. The original section varies from unfinished brick wails for several areas, to plaster in the offices and pub, plywood in the penthouse. The floor coverings are mostly unfinished concrete with some carpet and some wood floors in the offices and the pub. 39 Windows are storeffont casements in the pub, double hung in the offices and upper levels of the original building, and casement type in the bottling section. There are no windows in the distribution section. The building sketch indicates the different sections and levels. These include the original brewery with pub and offices, brewing areas over several levels, and the maintenance and storage areas; plus the distribution section (1980) and the bottling section (1981). The original building has several large storage casks and vats that could be used by another brewery operation, or removed if there is different type of user. MECHANICALS: The appraiser was not able to locate and identify the main electrical panel but noted several lighting panels throughout the entire property. According to past inspection and interviews, there have been several upgrades to the property, which were completed by the previous tenant. There is a larger boiler in the maintenance section that provides heat throughout the building. LOT PARKING: There is a gravel parking area, a gravel driveway, and a brick driveway. 4O LAND VALUE ESTIMATE The appraiser has determined that the highest and best use for the property is for commercial uses, with the value adjusted for the estimated costs to demolish the industrial improvements. In order to estimate the value of the site as if vacant, it has been compared with competitive land sales in the Tri-State Area. Consideration must be given to lot size, location, traffic, zoning, date of sale, access, and allowable use. Refer to the Land Sales Adjustment Chart. The subject parcel measures approximately 76,971 square feet, and is zoned CR, Commercial Recreation District. LAND SALES COMPARABLES All of the comparables were adjusted upward for date of sale. The area sales indicate an increase of approximately 3% per year. Not all of the comparables listed in the Land Sales Chart onthe next page were used to determine the subject's value but were researched as area land sales. The value determined in this approach is based on vacant, commercial land. The final value is adjusted downward by $280,000 for the buyer paying the estimated costs to demolish. 4t Land Sales Chart # SALE $ DATE LOT ZONE $ PER ADJUST ADJUST ADJUST FINAL SQ.FT. DATE SIZE AREA 1 $ 383,605 04/16/99 1.690 C3 $ 5,21 2 $ 393,395 04/16/99 1.740 C3 $ 5.19 3 $ 508,355 04/15/99 2.746 C3 $ 4.25 4 $ 241,699 10/12/99 1.410 ID, C3 $ 3.94 5 $ 286,215 10/05/99 2,190 C3 $ 3.00 6 $ 160,000 08125/99 0.992 C3 $ 3.70 7 $ 367,500 11/16/99 1.630 C3 $ 5.18 8 $ 98,000 12/30/99 0.912 C3 $ 2.50 9 $ 420,000 09/01/99 1.061 C4 $ 9.09 $ 0.27 $ (3.00) $ $ 6.36 10 $ 60,000 04/07/99 0.089 C4 $ 15.50 11 $ 299,000 06/01/99 0.167 C4 $ 41.18 12 $ 1;200,000 05107196 5.050 CR $ 5.46 13 $ 1,056,000 12/30/99 2.310 CR $ 10.50 $ 0.22 $ (3.00) $ $ 7.72 14 $ 2,000,000 05/22/00 6.027 MHI $ 7.62 $ $ $ $ 7.62 15 $ 67,500 06/01/00 0.059 C4 $ 26.37 16 $ 1,900,000 04/20/00 1.635 C3 $ 26,68 g9 and #14 are adjusted downward for smaller lot size (typically larger lots sell for less per square foot tban similar smaller lots). ~9 and #13 are adjusted upward for date of sale. #14 is the most recent sale in the area. Sale #14 has not closed but all contingencies have been completed. Less weight is given to #13 since it was a donation transfer. The other sales are located on the westside of town or were smaller in size and not given consideration; With some weight given to these adjusted comparables, it is the appraiser opinion that the subject land value, as if vacant with a commercial use, bas a current estimated value of $7.50 per square foot. 76,971 times $ 7.50 equals $ 577,283 Estimate of Land Value (as if vacant) $577,000(rounded) 42 As discussed, the land as if vacant must be adjusted downward since the buyer (City of Dubuque) will be paying for the estimated demolition costs. The estimated demolition costs (provided by the City of Dubuque, fi'om Tschiggfrie Excavating) are $280,000. According to the City of Dubuque, the industrial improvements are located on the Crompton & Knowles property, and add no contributory value to the site with a highest and best use for commercial uses. Therefore, with adjustments for the demolition costs, the following value would apply. $ 577,000 less $ 280,000 equals $297,000 ESTIMATE OF LAND VALUE $297,000 (rounded) 43 COSTAPPROACH The reproduction cost of building is the total cost of construction required to replace the subject building with a substitute of like utility and quality. These costs typically include labor, materials, supervision, contractors' profit and overhead, architect's plans and specifications, sales tax and insurance. In this updated report, the value reflects a highest and best use for commercial uses, and the appraiser determined that the improvements do not provide value to the land, and in fact that they reflect a negative cost to the land for the cost to demolish the improvements. The Land Value Estimate discusses these costs, and adjusts the land value as if the buyer will pay demolition costs. The City of Dubuque indicated that the improvements are located on the Crompton & Knowles property, and the estimated demolition costs of $280,000 are deducted from the property land value, as if vacant, to get the current value. LAND VALUE ESTIMATE The updated land value for the subject was previously in this report. Giving weight and consideration to all the lot data and all varkables affecting value, it is the appraiser opinion that the subject (with buyer paying for demolition) has an estimated value of $297,000. INCOME APPROACH The Income Approach considers the stream of income that the property is likely to produce during its economic life, and converts this income to a value estimate. Steps of the Income Approach include: 1. Estimate the Potent'mi Gross Income (Economic Rent). 2. Add any additional sources of income (laundry, garage). 3. Subtract the typical vacancy losses. 4. The result is Effective Gross Income. 5. Subject estimated and/or actual expenses. Fixed such as taxes, insurance, maintenance, management, licenses, utilities (if included in the rent) and long term such as reserves (future capital expenditures). 6. The result is the Net Operating Income. 7. Develop a capitalization rate (derived fi.om the market or using the mortgage equity rate). Divide the net income by the capitalization rate to determine the Income Approach Value. As vacant commercial land, the property may have income potential but there are no current commercial land leases ava'ilable. As improved, the current building has some potential for storage purposes, but the maximum capacity of the building would not be realized except as a brewery. This brewery use could not be realized without significant improvements and upgrades. Typically, commercial land in the Dubuque Area is not used for its income producing ability. Since the property, is not leased, and does not have the potential to be leased, this approach is not considered relevant in valuing the subject. SALES COMPARISON APPROACH This approach is based upon the Principle of Substitution that states that a prudent purchaser would pay no more for real property than the cost of acquiring an equally des/table substitute on the open market. It presumes the sale of similar or nearly similar properties from which units of comparison may be extracted and applied to the property being appraised for an indication of property value. The current improvements do not contribute to a value that is higher than commercial land, vacant and ready to build. The Estimate of Land Value was determined using a Sales Comparison Approach for lot sales. The land value in this report reflects the site being vacant and ready to use, which means the total investmem would include the land purchase and demolition of the current improvements. For the purposes of this update report, the appraiser was tasked with determining a value that reflects the buyer paying the estimated demolition costs of $280,000. Refer to the value determined in the Estimate of Land Value for further discussion. $ 577,000 less $ 280,000 equals $297,000 SALES COMPARISON APPROACH TO VALUE $297,000 (rounded) 46 The immediate area has been in a continuous transition from past industrial uses to commercial recreation uses. The client has specifically asked that the appraiser determine a value that reflects its h/ghest and best use as commercially zoned, with the buyer paying demolition costs. The traffic flow in the area (gambling riverboat and casino) combined with its riverfront visibility indicates continued increases in traffic. The most recent figures indicate attendance over 1,000,000 tourists per year in the area. The most recent land sale for a commercial use (6+ acres being purchased by the U. S. Postal Service), supports the value determined in this report. Based on an analysis of the data comained in this report, the appraiser has determined a most probable estimated opinion of current market value (based on the highest and best use as commercial lartd with buyer paying for demolition of $280,000), as of 21 February 2001; 577,000 less $ 280,000 equals $297,000 R. J FELDF~.i~,~V J. L. FELDERMAN 48 FELDERMAN APPRAISALS 1179 IOWA STREET, DUBUQUE, IOWA 52001 PHONE (319) 557-1465 FAX (319) 588-4214, E-mall: FeldermanR(~aol.eom or JackFeldennan~ahoo.com Webpage: http://www, feldermans, com FELDERMAN APPRAISALS is currently engaged in real estate appraising and counseling, market feasibility studies, and review appraising. The appraisers of the organization have a comprehensive background in real estate, business, economics, finance, management, aviation, and construction. All of the appraisers are State of Iowa Certified Real Property Appraisers, and some are Illinois Licensed Appraisers and/or Wisco~sin Certified Appraisers. Current Appraisers of the firm are as follows: John L. Felderman, lllinois and Iowa Robert J. Felderman, Wisconsin and Iowa A partial listing of FELDERMAN APPRAISALS activities are listed below. Agricultural properties, including farmland for aviation uses, Apartments, condominiums and other multi-family projects, Bed and Breakfast Inns, Campgrounds, Church and rectory, Convenience Store and Truck Stop facilities, Dealership facilities of all types, Eminent domain tak~gs and condemnations, Freight warehouse and shipping/distribution facilities, Gasoline/service station and other convenience stores, Golf Courses of all types, Historical Restorations, Hotels and Motels of all types, Industrial factories, and warehouskng, Lumber company and storage facilities, Marinas and similar properties, Medical Clinic and similar facilities, Mobile Home Parks, New construction appraisals fi.om specifications and blueprints, Office buildings of all types, Recreational land and facilities, Renovated facility projects, Residential properties of all types, Restaurants and other fast-food facilities, River-oriented facilities, School, gymnasium, and similar facilities, Shopping Centers and other retail facilities, Special purpose facilities, Subdivision, residential and other, Supermarkets, discounts stores, and other retail, Taverns, lounges, and similar properties, Warehouse, garages, and office/warehouse properties. CLIENT REFERENCE LIST Alcoa Credit Union, Bettendorf, Iowa American Trust and Savings Bank, Dubuque, Iowa Associates Intergroup Management Company, Dallas, Texas Brenton First National Bank, Davenport, Iowa Buchanon County, Independence, Iowa Carlisle Graphics, Dubuque, Iowa City Corporation Mortgage, Inc. St. Louis, Missouri City of Dubuque, Iowa City of East Dubuque, Illinois City of Independence, Iowa City of Maquoketa, Iowa Clinton County Assessor, Clinton, Iowa Coldwell Banker Mortgage Services, Inc., Overland Park, Kansas Copper Mill Construction, Dubuque, Iowa Cmwford, Miller, & Taylor, Inc. Springfield, Illinois John Deere & Company, Dubuque, Iowa Design Center Associates (Historic Restoration), Dubuque, Iowa Dubuque Bank and Trust Company, Dubuque, Iowa Dubuque Initiatives (formerly Dubuque INFUTURO), Dubuque, Iowa DUPACO Community Credit Union, Dubuque, Iowa Dupont Company Corporate Relocation, Wilmington, Delaware DUTRAC Community Credit Union, Dubuque, Iowa East Dubuque Savings Bank, East Dubuque, Illinois Federal Deposit Insurance Corporation (FDIC), Des Moines, Iowa Ferring Mobile Homes, Inc., Dubuque, Iowa Firstar Bank, Iowa & Wisconsin & Illinois Fischer Companies, Dubuque, Iowa Holiday Oil Distributing, Inc. Dubuque, Iowa Home Equity Relocation, Oakbrook, Illinois Iowa Department of Transportation, Ames, Iowa Jackson County Assessors Office, Maquoketa, Iowa Kretschmer-- Tredway Company, Dubuque, Iowa Law Firm Clemens and King, Dubuque, Iowa Law Firm Fuerste, Carew, Coyle, Juergens, & Sudmeier, Dubuque, Iowa Law Firm Hughes, Trannel, and Jacobs, Dubuque, Iowa Law Firm, Tom Jenk, P.C. Dyersville, Iowa Law Firm Kintzinger, Van Etten, Setter, Pearce & Scott, Dubuque, IA Law Firm, O'Cermor and Thomas, Dubuque, Iowa Northeast Iowa Community College, Dubuque, Iowa St. Lukes United Methodist Church, Dubuque, Iowa Spahn and Rose Lumber Company, Dubuque, Iowa Track Company of Iowa Tmnsequity, Member of Byron Reed Company, Inc. Omaha, Nebraska United States Postal Service, Kansas City, KS Wartburg Seminary, Dubuque, Iowa BUILDING SKETCH ADDENDUM A SKETCH/AREA TABLE ADDENDUM Property Address -~ E~ 4~-Str~t --- 3orrower Cityof Dubuque Lender/Client City of Dubuque Appraiser Name R.J. Felderman L/C Address 50 W. 13th St, Dubuque, IA 52001 ApprAddress 1179 Iowa S%, Dubuqu'e',' IA 52001 Dock Shipping Section 24'H 20'H 3 story Storag Storage ~ story 28'N Filter Sy~p Area Maintenance I 36'H 4 story with Penthouse 2 story Parking Grass Area Tower Sb'eet (bdck) Grass Area sale: 1 = 50 AREA MAP ADDENDUM B ~OII0W~/~t City of Dubuque Plo~ Address 500 E 4th Street ~ D~uq~ ~ City of Dulmque Location Map I~le No. 500e4th-JLFI Paae #41 Dubuque ~ IA ~10~3d~ 52001 FELDERM~2~ APPRAISALS MAP(S) OF SUBJECT AND COMPARABLES ADDENDUM C MIDDLE RD NE~TMARK _ e Peosta Channel PLAT ADDENDUM D 11-19F / / / / '% FELDERMAN APPRAISALS FLOOD H,~ARD MAP ADDENDUM E N Z x CENSUS TRACT MAP ADDENDUM E 990 Census Tracts DUBUQUE. IOniA 101.0:2 1Z.03 1:Z.01 B.OZ 6 7.01 101.03 '"' 7.0~. O.Ol llliaoi:; 101.0? LEGEND Sl. ata goundarU Tfoct Llno$ 101.01 101.02 FELDERMAN APPRAISALS ZONING MAP AND DATA ADDENDUM E HI HI EAST DUBUQUE FELDERMAN APPRAISALS PHOTOGRAPHS OF THE SUBJECT ADDENDUM F PHOTOGRAPH ADDENDA File No. 500e4th-JLFI Paae #11 C~r~ Dubuquo S~ /A Z~ Code 52oo1 Fng~xt Right Foi'm LPICP~ --"TOTAl. 2000 for Windows' appraisal so'l~am by a la mode, ~.-- 1-800-ALAMODE ~ ~d~s 500 E 4th S~r~t City of Dubuq~ PHOTOGRAPH ADDENDA [Rle No. 500e4th-JLFI Paqe #3[ ~ Cod~ 52001 , Dubuque 81~e IA Fron~ Le~ N~esake Fom~ LP[CPIX --"TOTAl. 2(~09 for W'axlows" appr*~ soflwae by a ~a mode, inc.-- 1-8~ALAMODE PHOTOGRAPH ADDENDA B(wowet/Cl~ C~w o~]~buclUO I ~ ~ 500 E 4~ Slxoot I ~ c~ ~ ~o ...... IFile No, 500e4th-JLFI Paqe #2] Code 52001 St~¢ot Fo,n'n LHCP[X -- *TOTAL 2000 for W'mdows' appraJsaJ soltware by a la mode, inc. -- 1-800-ALAMODE APPRAISERS CERTIFICATIONS AND LIMITATIONS ADDENDUM G DEFINITION OF MARKET VALUE: (fi.om the USPAP 2001 EDITION- with last two paragraphs added) 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, and knowledgeably and assuming the price is not affected by undue stimulus. lmp~cit in this deliultion is the consummation of a sale as of a spec'riled date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised; and each acting in what he considers his own best interest: (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars of in terms o f financial arrangements comparable thereto; and (5) the price represems the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. Substitution of another currency for United States dollars in the fourth condition is appropriate in other countries or in reports addressed to clients from other countries. Persons performing appraisal services that may be subject to litigation are cautioned to seek the exact legal definition of market value in the jurisdiction in which services are being performed. *Adjustments to the compambles must be made for spec'mi or creative financing or sales concessions. No adjustments are necessary for those costs, which are normally paid by sellers as a result of tradition or law in a rmrket area; these costs are readt.qy identifiable since the seller pays these cost in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property tmnsactio~ Any adjustment should not be calculated on a mechanical dollar for dollar cost ofthe financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGEI~'T AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters ora legal nature that affect either the property being appraised or the title to do it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser mayhaveprovidedasketchinthe appraisal report to showappmximatedimeesions of the improvements and the sketch is included only to ass'~ the reader of the report in vis~nli~ng the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether tbe subject site is located in an identified Spec'ml Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an app~aisalofthe property in questions, unless spec'fl]c arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contn'butory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid ifthey are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, deprec'mtion, the presence ofha?ardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal Unless otherwise stated in the appraisal report, the appraiser ba~ no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the properly. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might he required to discover whether such conditions exist. Because the appmis~ is not an expert in the field of enviroumental hazards, the appraisal report must NOT be considered as. any type environmental assessment or property inspection of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report fi.om sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume respons~ility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents ofthe appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser may have based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption of the improvements wffi be performed in a worklnanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identify and professional designations, and references to any professional appraisal organizations of the firm with which the appraiser is associated) to anyone other than the borrower, the mortgage of its successors and assigns; the mortgage insure~, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department agency, or instrumentality of the United States or any state of the District Of Columbia; except that the lender/client may dism'bute the property description section of the report only to data collection or reporting service (s) without having to obtain the appraisers prior written consent. The appraisers written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. APPRAISER'S CERTIlZICATION: The appraiser certifies and agrees that: I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjnsmaent when appropriate to reflect the market reaction to those items of sLonifleant variation. Ifa signhqcant item in a comparable property is superior to, or more favorable than, the subject property, I have made a NEGATIVE adjustment is made to reduce the adjusted sales price of the comparable and, ifa s'~mifleant item in a comparable property is inferior to, or less favorable than the subject property, I have made a POSITIVE adjustment is made to increase the adjusted sales price of the comparable. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any sJ~ificant information ]~om the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the comingent and limiting conditions specified in this form. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the presem owners or occupants of the properties in the vicinity of the shbject property. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. I was not required to report predetermined value or direction in value that favors the cause of the client or any related party, the amount ofvalne estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date ofthis appraisal, with the exception of the departure provision of those Standards, which does not apply (unless specifically stated so). I acknowledge that an estimate ora reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section ofthls report, unless I have otherwise state in the reconc'fliation section. I have personally inspected the interior and exterior areas of the subject property, and the exterior of all propeaies listed as eomparables in the appraisal report (unless otherwise indicated). I further certify that I have noted any apparent or known adverse eonditinns in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also enmmented about the effect of the adverse conditions on the marketab'dity of the subject property. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. IfI relied on significant professional assistance from any individual or individuals in the performance of the appraisai of the preparation of the appraisal report, I have named such individual(s) and disclosed the spec'rile tasks performed by them in the reeone'fliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. 1 have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: Ifa supervisory appraiser signed the appraisal report, he or she certifies and agrees: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statemems and conclusions of the appraise~, agree to be bound by the appraisers certifications numbered 4 through 7 above, and am mlclng full respons'~ for the appraisal and the appraisal report. SUBJECT PROPERTY: CLIENT: BORROWER: 500 E. 4TM STREET, DUBUQUE, IOWA CITY OF DUBUQUE N/A SjL2nature: Name: 1LJ. FELDERMAN Date Signed: 10 March 2001 State/Certification: IOWA CG01134, Expires: 30 June 2002 WISCONSIN 766, Expires: 31 December 2001 Signature: Name: $. L. FELDERMAN Date Signed: 10 March 2001 State/Certificationz IOWA CG01154, Expires: 30 June 2002 ILLINOIS 153-000851 Expires: 30 September 2001 QUALIFICATIONS OF APPRAISERS ADDENDUM H COMPARABLE SALES DATA SHEETS AND PHOTOS ADDENDUM I LAND SALES BUILDING SALES 0F APPLICABLE) INCOME COMPARABLES (IF APPLICABI,F~) LAND COMPARABLE # 1 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: COMMENTS: MEDICAL ASSOCIATES DRIVE, DUBUQUE $383,605 4/16/1999 6616-99 LOT 1-5 MEDICAL ASSOCIATES SUB ~ 2 MEDICAL ASSOCIATES REALTY ROLPH LIVING TRUST, DARRELL 1.69 ACRES, OR 73,616 SQUARE FEET C3 GENERAL COM1MERCIAL $5.21 10-28-153-012, FOR FUTURE CARLOS O'KELLY'S RESTAURANT. BOUGHT TWO LOTS AT SAME TIME BUT DIFFERENT NAMES AND USERS. DMLS 18837, DAYS ON lW2LRKET 500, WAS ASKING $6. CONFIRPIED PAT FRIEDMAN BROKER. LAND COMPARABLE # 2 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: COMMENTS: MEDICAL ASSOCIATES DRIVE, DUBUQUE $393,395 4/16/1999 6615-99 LOT 2-5 MEDICAL ASSOCIATES SUB # 2 MEDICAL ASSOCIATES REALTY ROLPH, DARREL & DAVID 1.74 ACRES, OR 75,794 SQUA3~E FEET C3 GENERAL COMMERCIAL $5.19 10-28-153-013, FOR NEW APPLEBEE'S RESTAURANT. BOUGHT TWO LOTS AT SAME TLME BUT DIFFERENT NlaxMES AND USERS. DMLS 18837, DAYS ON MARKET 500, WAS ASKING $6. CONFIRMED PAT FRIEDMAN BROKER. ~ COMPi~RABLE # 3 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: COMMENTS: ASBURY ROAD AT NW ARTERIAL, $508,355 4/15/1999 6415-99 LOT 2 HOLIDAY ADDITION QHQ ALDI, INC. 2.746 ACRES, OR 119,616 SQUARE C3 GENERAL COMMERCIAL $4.25 10-20-227-002, PRIOR TO SALE, AND SELLER PLACING STREETS, GRADING. DUBUQUE FEET FOR NEW GROCERY STORE. REZONED CURBS, AND SITE LAND COMPARABLE # 4 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: COMMENTS: PENNSYLVANIA ROAD AT NORTHWEST ARTERIAL, DUBUQUE $241,699 10/12/1999 17107-99 LOT 1 ASSEMBLY OF GOD PLACE ASSEMBLY OF GOD MINISTRIES EAST DUBUQUE SAVINGS BANK 1.41 ACRES, OR 61,420 SQUARE FEET WAS ID, REZONED TO C3 GENERAL COMMERCIAL $3.94 10-21-351-022. LEVEL LAND SPLIT FROM LARGER PIECE. HIGH TRAFFIC COUNTS ALONG ARTERIAL BUT FURTHER AWAY FROM HIGHWAY 20. OTHER LAND VALUES IN ~REA i~2~E BETWEEN $5.00 AND $5.50 PER SQUA/~E FOOT. LP~D COMPAP~BLE # 5 ADDRE S S: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: C OMlVIENT S: MEDICAL ASSOCIATES DRIVE, DUBUQUE $286,215 10/5/1999 15959-99 LOT 1 MEDICAL ASSOCIATES SUB ~ 2 MEDICAL ASSOCIATES REALTY PLATINUM, LLC 2.19 ACRES, OR 95,396 SQUARE FEET C3 GENERAL CO/4MERCIAL $3.00 10-28-151-008. ASSESSED 2000 AT $129,530.CONFIRMED PAT FRIEDFLAN BROKER. LOW PRICE DUE TO 2.5 YEAR OLD OPTION, BUYER WAS TENANT OF SELLER, AND BUYER REQUIRED TO PURCHASE ADJOINING LOT 2 AT LATER DATE. ALL PARTIES AGREED BEST PRICE ON LAND IN AREA IN PAST FEW YEARS. LAND COMPi~RABLE ~ 6 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BO%fEE: LOT SIZE: ZONING: $ PER SQ.FT.: COMMENTS: BEHIND ANOTHER LOT THAT FRONTS ON KENNEDY CIRCLE. END OF CUL-DE-SAC OFF OF MAJORARTERIAL. KENNEDY CIRCLE, DUBUQUE $160,000 8/25/1999 14594-99 LOT 2 HEP, RIGS JFKADDITION HERRIG AND HERRIG REAL ESTATE DUBUQUE HLC. INC. 43,201 SQUARE FEET C3 COMMERCIAL S3.70 10-21-428-010. ASSESSED $66,230. LOT LOCATED ACCESS IS AT LAND COMPARABLE # 7 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: COMMENTS: FRIEDMAN, MEDICAL ASSOCIATES DRIVE, DUBUQUE $367,500 11/16/1999 18334-99 LOT 6 MEDICAL ASSOCIATES SUB # 2 MEDICAL ASSOCIATES REALTY COUNTRY INNS 1.63 ACRES, OR 71,003 SQU/LRE FEET C3 GENERAL COMMERCIAL S5.t75 10-28-153-011, FOR NEW MOTEL, BROKER. ASKING $6.00 CONFIRMED PAT LAND COMPARABLE # 8 ADDRESS: SALE PRICE: SALE DATE: DOCUMENT: LEGAL: SELLER: BUYER: LOT SIZE: ZONING: $ PER SQ.FT.: COMI~ENT S: 4100 BLOCK PENNSYLVANIA AVENUE, DUBUQUE $98,000 12/30/1999 126-00 LOT 2 PORTZEN COM1ZERCIAL PARK IIW ENGINEERING 4155 PENNSYLVANIA AVENUE PARTi~ERSHIP 39,271 SQUARE FEET C-3 COMMERCIAL $2.50 10-20-52-008. ASSESSED $58,120. SELLERS AND BUYERS MAY HAVE SOME OF THE SALVE INVOLVED. VALUE APPEARS TO BE MARKET ~LASED ON ACCESS AND TRAFFIC COUNTS. LAND COMPARABLE # 9 ADDRESS SALE PRICE SALE DATE DOCUMENT ~ SELLER BUYER LOT SIZE ZONING 2155-2167 $420,000 9/1/1999 14146-99 PRIDE SERVICE WOLFF, DANIEL 46,200 SQUARE FEET C4 DOWNTOWN COMMERCIAL CENTRAL AVENUE, DUBUQUE ($40,000MAXIMUM PERSONAL PROPERTY) USE GAS STATION PRICE PER LAND SQUARE FOOT: O.A.R. N/A $9.09 COM1Z~NTS SPLIT AND SOLD 30,587 SQUARE FEET AND $40,000 OF Ti~NKS AND METERING SYSTEM TO ASPEEMONT COMPANY FOR $280,000 ($9.15 PER SQUARE FOOT) LEAVING BALANCE OF 15,613 SQUARE FEET AT $140,000 ($8.97 PER SQUARE FOOT). 10-24-135-002 INTO 004 & 005, VERIFIED NICK GOODMAA!N BROKER AND LARRY WOLFF. LAND COMPARABLE # 10 ADDRESS SALE PRICE SALE DATE DOCUMENT # SELLER BUYER LOT SIZE ZONING 330-332 MAIN STREET, DUBUQUE $60,000 PLUS DEMOLITION (COSTS 4/7/1999 6163-99 DOLAN ESTATE CITY OF DUBUQUE 3,870 SQUARE FEET (34.25Xl13) C4 USE VACANT RETAIL, PRICE PER LAND SQUARE FOOT: O.A.R. APARTMENTS $15.50 ($ ADJUSTED) COMMENTS IN HISTORIC DISTRICT. ON MARKET FOR OVER 1 YEAR. TO BE DEMOLISHED IN 2000. CITY OWNS ADJOINING LOT THAT WAS DEMOLISHED BUILDING IN 1999, i~ND LAND ACROSS ALLEY THAT WILL BE FUTURE PAPJ4ING RAMP. VERIFIED SALE WITH JAMES BURKE CITY OF DUBUQUE. UNKNOWN ) VACANT EXCEPT FOR BASEMENT LAND COMPARABLE # 11 ADDRESS SALE PRICE SALE DATE DOCUMENT # SELLER BUYER LOT SIZE ZONING USE PRICE PER LAND SQUARE FOOT: O.A.R. VACANT 304 MAIN STREET, DUBUQUE $20,000 PLUS $279,000 DEMOLITION/CLEAN 6/1/1999 10363-99 HOS ESTATE CITY OF DUBUQUE 7,260 SQUARE FEET (64.25Xl13) C4 VACANT HOTEL $2.75 ($41.18 ADJUSTED COMMENTS IN HISTORIC DISTRICT. ON MARKET FOR OVER 1 YEAR. NOT HABITABLE AT TIME OF SALE. DEMOLISHED ($240,000) IN 1999, AFTER ENVIRONMENTAL CLEAN UP ($19,000 ASBESTOS) AND REMOVAL OF ON SITE JUNK ($20,000). BOUGHT BY CITY TO CONTINUE CLEAN-UP EFFORTS OF HISTORIC OLD MAIN AREA. CITY OWNS LAND ACROSS ALLEY THAT WILL BE FUTURE PARKING RAMP. VERIFIED SALE AND DEMOLITION COSTS WITH JAMES BURKE CITY OF DUBUQUE. INSPECTED 1998 FOR i~_PPRAISAL. LAND COMPARABLE # 12 i~DDRESS 98 E. 3TH STREET, DUBUQUE SALE PRICE $1,200,000 SALE DATE 5/7/1996 DOCUMENT # 5542-96 SELLER HARBOR PLACE BUYER HARBOR COMMI3NITY INVESTMENT, AGE 1883 LOT SIZE 219,978 SQUAP~E FEET ZONING CR COMMERCIAL RECREATION USE WAREHOUSE, RETAIL, VACANT PRICE PER LAND SQUARE FOOT: $5.46 O.A.R. SOPIE RETAIL, MOSTLY VACANT LLC COMMENTS IN ICE HAtlBOR. BUILDING DEMOLISHED AFTER 1999 SALE. COSTS NOT AVAILABLE. LAND COMPAiLABLE # 13 ADDRE S S SALE PRICE SALE DATE DOCUMENT # SELLER BUYER LOT SIZE Z ON I NG E. 3TH STREET, DUBUQUE $1,056,000 DONATION 12/30/1999 19316-99 HARBOR COMMUNITY INVESTMENT, LLC DUBUQUE COUNTY HISTORICAL SOCIETY 100,580 SQUARE FEET (SPLIT FROM PARCEL) CR COMMERCIAL RECREATION USE VACANT PRICE PER LAND SQUARE FOOT: O.A.R. COMMENTS BUILDING, OF $1 WITH APPRAISAL OF $1,056,000 USED FOR DONATION VALUE. CONFIRMED JERRY ENZLER, DUBUQUE COUNTY HISTORICAL SOCIETY. $10.50 N/A ORIGINALLY PART OF LARGER PARCEL OF LAND THAT HAD WHICH WAS DEMOLISHED AFTER 1999 SALE. DONATED FOR COST LAND COMPARABLE ~ 14 i~DDRESS SALE PRICE SALE DATE DOCUMENT $ SELLER BUYER LOT SIZE ZONING USE PRICE O.A.R. KERPER COURT AT KERPER BOULEV~LRD, DUBUQUE $2, 000,000 5/22/2000 (NOT RECORDED AS OF 8/1/00) SALES CONTRACT MIHALAKIS AND BILLMEYER UNITED STATES POSTAL SERVICE 262.,536 SQUAI{E FEET (6.027 ACRES)) MHI, MODIFIED HEAVY INDUSTRIAL VACANT, FOR COMMERCIAL USE PER LAND SQUARE FOOT: $7.62 N/A COMMENTS LAST SALE WAS 1999 WITH PARTIAL TRADE AND CASH OF $72,000 FROM MIHALAKIS A/qD BILLMEYER. UTILITIES TO SITE. SUBJECT IS LOCATED ALONG ACCESS RAMP TO MAJOR ARTERIAL, PLUS NEW MAAVJFACTURING PLANT IN SAME BLOCK AND DOG TRACT AND CASINO LOCATED WITHIN TWO BLOCKS. AREA IS IN TRANSITION TO COMMERCIAL USES NEAR THE HIGHWAY AND RAMP. LAND COMPARABLE # 15 ADDRESS SALE PRICE SALE DATE DOCUMENT # SELLER BUYER GROSS BLDG. SIZE AGE LOT SIZE ZONING USE $ PER SQUARE FOOT O. A. R. COMMENTS 1433-35 CENTRAL AVENUE, $67,500 6/1/2000 7765-00 TEAMSTERS #421 PAUL FA.HEY 3,506 SQUARE 1900 2,560 SQUARE FEET C4 OFFICES $19.25 BUILDING OWNER OCCUPIED DUBUQUE, IOWA FOOT TWO STORY BRICK/BLOCK LAND $26.37 10-24-407-011. ASSESSED $46,210. VERIFIED SELLER 6/1/2000. BOUGHT BY ADJOINING PROPERTY OWNER FOR DEMOLITION AND USE OF THE LAND $26.37 PER SQUARE FOOT. CORNER LOTS WITH FRONTAGE A_LONG HIGHWAY 52 MAJOR ARTERIAL. LAIRD COMPARABLE # 16 ADDRE S S SALE PRICE SALE DATE DOCUMENT # SELLER BUYER LOT SIZE ZONING USE $ PER SQUARE COMMENTS WALGREEN' S. PURCHASING. SQUARE FOOT 2260 J. F. KENNEDY ROAD, DUBUQUE, IOWA $1,900,000 4/20/2000 4402-00 PAUL FAHEY WOLF-HAMILTON, LLC 71,210 SQUARE FEET C3 WAS FAST FOOD, DEMOLISHED FOOT $26.68 10-22-151-001 AND 002. PURCHASER IS CORPORATE POLICY CHANGED FROM LF2~SING BUILDINGS TO BASED ON BUILDING LEASE IN KENNEDY MALL OVER $20 PER (PLUS PERCENTAGE OF GROSS SALES) THEY COULD PAY UP TO $30 PER SQUi~RE FOOT FOR VACANT LAND AND BE IN FOR A LOWER COST. PREVIOUSLY HAD M3UDE AN OFFER OVER $27 PER SQUARE FOOT FOR LeAND AT KENNEDY AND PENNSYLVANIA (VERIFIED BROKER) . BIBLIOGRAPHY ADDENDUM J A_PPEAISALBIBLIOGRAPHY Akerson, Charles B.,MAI., The Appraisers Workbook, Institute of Real Estate Appraisers. Chicago, IL The American 1985 Akerson, Charles B.,MAI, Capitalization Theory and Techniques, Study Guide, The American Institute of Real Estate Appraisers, Chicago, IL 1984. Akerson, Charles B.,MAI., Introduction to Meeting Equity Capitalization, The American Institute of Real Estate Appraisers. Chicago, IL 1975. Akerson, Charles B.,MAI., The Internal Rate of Return in Real Estate Investments, The American Institute of Real Estate Appraisers, Chicago, IL, 1986. The American Institute of Real Estate Appraisers, The Appraisal of Real Estate, Ninth Edition. Chicago, IL 1987. The American Institute of Real Estate Appraisers, The Appraisal of Permanent Planting Orchards and Vineyards, Chicago, IL 1985. The American Institute of Real Estate Appraisers, The Appraisal of Irrigated Property, Chicago, IL 1985. The American Institute of Real Estate Appraisers, The Appraisal of Livestock and Ranch's, Chicago, IL 1985 The American Institute of Real Estate Appraisers, The Appraisal of Dairy Farms, Chicago, IL 1985. The American Institute of Real Estate Appraisers, The Dictionary of Real Estate Appraisal. Chicago, IL 1987. The A/aerican Institute of Real Estate Appraisers, Subdivision Analysis, An Educational Memorandum. Clark, Louise and Treadway F. J. Jr., Impact of Electric Power Transmission Line, Easements on Real Estate Values. The American Institute of Real Estate Appraisal, Chicago, IL 1972. Commercial Investment Appraisal, Real Estate Law InstituTe, Chicago, IL 1988. Dubuque County, Iowa, Land and Atlas Book, Latest year. Rockford Map Publishers, Inc. ~LDER~ APPRAISALS - DUBUQUE, IOWA Dubuque County, Iowa, Soil Survey of United States Department of Agriculture, Soil Conservation Service. Dubuque County, Iowa, Soil Survey Report Supplement. Iowa State University and Soil Conservation Service. Eaton, J. D., Real Estate Valuation in Litigation. American Institute of Real Estate Appraiser. Chicago, IL 1982. Farm and Land Appraisal, Real Estate Law Institute, Chicago, IL 1988 Floyd, Charles F., Outdoor Advertising Signs in Eminent Domain Proceedings, The Real Estate Appraiser & Analyst, Summer 1990. Floyd, Charles F., Why the Income Capitalization and Market Data Approaches Are Not Valid Techniques For The Valuation of Outdoor Advertising Signs. The Real Estate Appraiser & Analyst, Suauner 1990. Friedman, Edith J., General Editor, The Encyclopedia of Real Estate Appraising, Fourth Edition Prentice-Hall. Englewood Cliffs, N.J. 1987. Gibbons, James E. Meeting Equity Capitalization: Ellwood Method. American Institute of Real Estate Appraiser, Chicago, IL 1981. Gimmy, Arthur E. and Boehm Michael G., Elderly Housing A Guide to Appraisal, Market Analysis, Development and Financing. Illinois, 1988. American Institute of Real Estate Appraisals, Golf Courses and Valuation, Chicago, IL 1980. Harrison, Henry S. Small Residential Income Property Appraisal Guide. Forms and Worms. 1986. Harrison, Henry S. Illustrated Dictionary of Real Estate and Appraising. Harrison, Henry S., Harrison's Illustrated Guide to Uniform Residential URAi{ Appraisal Report, 1986 Edition. New Haven, Forms and Worms. Chicago, IL 1986. CT. FELDERPIAN APPRAISALS - DUBUQUE, IOWA Harr!son, Henry S., Houses, National Marketing Institute, Chicago, IL 1976. Iowa Land Sales Report, P.O. Box 127, Fort Dodge, Iowa. Kinnard, Witliam N., Jr., Income Property Valuation, Lexington Books/D.C. Heath and Co., Lexington, MS., 1971. Lukens, Reaves C., Jr., The Appraiser and Real Estate Studies. American Institute of Real Estate Appraisers. IL 1972. Feasibility Chicago, Marshall and Swift., Residential Cost Handbook. Los Angeles, CA 1983. Practice of Real Estate Appraising, San Antonio, TX 1988. Real Estate Law Institute, Principles of Real Estate Appraisal, Real Estate Law Institute, San Antonio, TX 1988. Rural Property in Transition: Non Agricultural Uses, American Institute of Real Estate Appraisers, Chicago, IL 1985. Rushmore, Stephen, Hotels, Motels and Restaurants, Valuation Market Studies, American Institute of Real Estate Appraisers, Chicago, IL 1985. and Reynolds, Judith, Historic Properties Preservation and Valuation Process, American Institute of Real Estate Appraisers. Chicago, IL Sirota, David, Essentials of Real Estate Financing Real Estate Education Company, Chicago, IL 1977. Suttle, Donald T., Jr., The Appraisal of Roadside Advertising Signs, American Institute of Real Estate Appraisers, Chicago, IL. 1972. Writing The Narrative Appraisal Report, Real Estate Law Institute San Antonio, TX 1988. Unifom Standards of Professional Appraisal Practice (USPAP), published by "The Appraisal Foundation", (current update). APPRAISALS - DUBUQUE, IOWA PERIODICALS Appraisal Journal, American Institute of Real Estate Appraisers, 430 North Michigan Ave., Chicago, IL 60611. Quarterly. Doanes Reference Volume, Doanes Agricultural Service, Kansas City, MO. Farm and Land Realtor, Farm and Land Institute, 430 North Michigan Avenue, Chicago, IL 60611. Monthly. Master Appraiser The, National Association of Master Appraisers, 303 Wo Cypress Street, San Antonio, TX. Review Appraiser, Lincoln Graduate Center, P.O. Box 12528, San Antonio, TX 78212. Quarterly. Real Estate Today, National Association of REALTORS, 430 North Michigan Avenue, Chicago, IL 60611.Monthly REALTOR News, National Association of REALTORS, 35 East Wacker Drive, Chicago, IL 60601. Weekly. The Real Estate Appraiser & Analyst, Journal of the Society of Real Estate Appraisers, Quarterly. REGULATIONS/STA/~D/LRDS Applicable Zoning Ordinances for cities and/or counties. Uniform Standards of Professional Appraisal Practice, Appraisal foundation, 1029 Vermont Avenue NW, Suite 900, Washington D.C. 20005. ~LDEPJ4~N ~PRAIS~S - D~. IOWA Mobile Home - Manufactured home built before 1976. MBA - Master Residential Appraiser, member of the National Association of Master Appraisers MSA -Master Senior Appraiser, member of the National Association of Master Appraisers. Narrative - Telling a story, account, tale. Neighborhood - A specific market area, as defined by boundaries. Net Income The income derived after deducting all expenses, the vacancy allowance and the reserves. Net Lease - A lease'where tenant pays upkeep, taxes and insurance. Net Operating Income (NOI) - Effective gross'income less property operating expenses and reserves. Obsolescence - Loss in value because of a decrease in utility. Parquet Floor - Flooring laid in rectangular or square pattern in thin wooden blocks. Perimeter - The outer boundary of an area. Physical Depreciation - Loss in value due to impairment of physical condition of the property. Professional - Engaged in an occupation with high standards. Private Practice - Professionals offering their services to the general public. Pr6bate - Proof in court of a will. Property Residual Technique - In the income approach an estimate of value obtained by capitalizing forecasted income at an overall rate (see Building Residential and Land Residual). Pursue - Strive, seeks specific course of action. Physical Depreciation - Loss in value due to its physical condition. ~LDER~f4N ~PRAIS~S - D~U~. IOWA Qualifications - Describing the qualities or characteristics of an occupation. Ranch - A large farm with its buildings and lands used To raise livestock in large numbers. Ratio - A fixed relation between two similar things. REALTOR - A registered trademark of the National Association of REALTORS, which may be used only by member of a constituent board of REALTORS. Reconciliation - The adjustment process between comparable properties and the subject propersy. Previously called correlation. Replacement Cost - Cost of replacing improvemenss with modern materials and techniques. Reproduction Cost - Cost of constructing and exact replica of an improvement. RM - Residential Member of the American Institute of Real Estate Appraisers. Row - Arranged so as to form a line. Sandwich Lease - A lease created by the lessee subletting the property. Service Income The type of income collected for services raEher than renE. Site Land ready for development, or with lmprovemenss. SRA - Senior Residential Appraiser, member of the Society of Real Estate Appraiser. SREA - Senior Real Estate Analyst member of the Society of Real Estate Appraisers. SRPA - Senior Real Property Appraiser, member of the Society of Real Estate Appraisers. Substantiate - To show to be true or real by giving evidence. Textone - Rough irregular pattern applied to dry wall construction. FELDERi~ APPRAISALS - DUBUQUE, IOWA Tillable The condition of land allowing cultivation. Utilization - The quality or property of being useful, using to the best advantage. Vacancy A~lowance - That amount deducted from potential annual gross income to reflect the probable vacancies and non-payment of rent. Generally a percentage of the annual gross income. Value - The worth of a thing in money or goods at a certain time. Wainscot - Wooden lining of an interior wall, usually panels; lower part of an interior wall separated by a molding. Windows - Glassed opening in wall, can be single hung, double hung, fixed awning, casement, and traverse. COMMUNITY QUICK REFERENCE SHEET ADDENDUM K FELDERMAN APPRAISALS Community Quick Reference Dubuque County Januarv1999 Population (U.S. Census/Woods&Poole) Yea~ Community, 1980 62,321 93,745 2,913,190 1990 5%538 86A03 2,776,755 2000 N/A 8~280 2,838,600 Populafionwitl~ia50miles(Conun. Est): 250~00 Labor Force Information: IWD Labor Force Sunmm~ for Dt~buque MSA, Annual Average for 1997 Labor Force Data: Resident labor force: 49,600 Percent anemploycd: 3.9 Employment Data - Place of work: Nonagricultural wage and salary workers: 50,900 Nomnanafacturh~g: 39,000 Transportation, Communieation and Public Utilities: 2, 100 Wholesale and Retail Trade: 12,200 Retail Trade: 9,000 Services: 17,400 Estimated Labor Force Available: Male: 7,095 Female: 7,150 Proximity to markets: Resident unemployed: 1,900 Resident total employment: 47,700 Manufacturing: 11,900 Construction and' mining: 1,800 Wholesale Tmdc: 3,200 Finance, Insurance, Real Estate: 1,700 Government: 3,700 Total: 14.245 City Miles Days by Raikoad Days by Motor Freight Atlanta 807 8 3 CIdcago 183 2 1 Danver 859 5 2 Des Moines 189 1 1 Kansas City 375 2 1 Los Angeles 1885 9 5 Milwaukee i60 ,3 1 Minneapolis 260 I 1 New Orleans 963 6 4 New York 950 7 4 Omaha 320 2 1 St. Louis 310 5 1 Wage Rates For persons in se!.ectcd occupations hving or working in community: Occupation or Job Title Entry Average Clerk, Gen. OITlce $6.42 $8.19 Data Entry Opr, 6.30 7.43 General Laborer 7.67 8.70 Machinist, General 7.89 9.79 Material Handler 6.72 12.84 Prod. Assembler 7.31 13.30 Secretary 6.01 8.14 Welder, Coinbination 9.73 14.45 Computer Operator 7.47 10.72 Computer Progrzanmer 11.17 19.41 Prod. Machine Operator 7.88 17.60 Maintenance Meclmnic 8.70 12.03 Clerk-Typist 6.21 8.30 Truck Driver, Heavy 7.50 9.32 FELDERMAN APPRAISALS Industrial Sites Site Name Indus. Ctr.-Chavenelle Rd. Indus. Ctr.- Radford Rd. Tcctmology Park Indus. Ctr. - West Total Acreage available 22 5 Location of site Chavenelle Rd. Radford Rd. US Hwy 61/151 Seippel Rd. Asking price per acm $32,670 Name o£ 'Landowner Dubuque-'m-Futuro. Inc. Is Site served by mil7 No Electricity (Primary Voltage) 13,800 Water 12"main Gas 4"main Sewer 18"main Zoning Classification Light Industrial Fire Insurance Class 3 3 Tax Rated$1,000 Assessed Valuation $29.57 $29.57 · Is Site located xvififin a 'lax Increment area? Yes Yes Commtmity willing to create tax incentives? Yes Yes $54,450 Dubuque4n-Futaro, Inc. No 13,800 12"main 2"rnain 18"main Light Industrial 58 125 $76.230 * City of Dubuque City of Dubuquc No Yes 13,800 13,800 16"main 16"main 4"main 6"mah~ 18"nmin 18"m'ain Light Industrial Heavy Industrial 3 3 $29.57 $29.57 Yes Yes Yes Yes Additional site information available upon request. Prices listed above nmy be subject to negotiation. Available Buildings Square Feet Peak Height Truck Docks Sprinkler 80.000 28' 7 Yes 38,480 14' 1 No 22.500 24' 3 No 20.000 7' 8 No 10.200 9' 0 NO 8,000 9' 0 NO Additional building information available upon request FELDEP~IAN APPRAISALS Loc',d Employers Name Product/Scrvice Employmant, Union Major mauufacturers and other employers in the ama: Jolm Dcerc Dubuque Works industrial tractors 2352 UAW Mercy Health Ctr-St. Jnscph% Unit acute hospital services 1329 none Medical Associates Clinic health sca'vices 980 none The Finley Hospital hospital cam 840 anne City of Dubuque mumcipal public service 705 AFL-CIO Advanced DataCom call center services 540 none Bamstead-Thcrmolyne Corporation laboratoxy equipment 432 IBEW Dubuque Community School District public education 1410 DEA Furmlm~d F~ods, Inc. food processing 1300 UFCW Alliant Energy electric U~ty 865 IBEW Flexsteel Industries, Inc upholstered furniture 835 USAW Eagle Manufacturing Company aluminum and wood windows/doors 550 none Diamond Jo Casino enteminmcut 438 none Dubuque County govermnental public services 415 AFSCME Number of Manufacturing plants in community: 123 Number uf Manufacturing plants with Unions: 24 Number uf Manufacturing employees in colmntmity: 11,842 Number of work stoppages in last five years: 4 Utilities -Electricity Supplier: private, Name of suppliers: Alliant Energy -Water supplied by: municipal, Numes of supplier: City of Dubuque, Source of city water: well Elevated Storage Capacity: 16,000,000 gallons, Capacity of water plant: 18,000,000 gallons Average cotmumpfian: 8,500,00(1 gpd. Peak consumption: 13,000,000 gpd -Natural gas: Local distributor:. Peoples Natural Gas/Energy One, Pipeline: Northern Natural Gas Company -Sanitation: Type sewage treatmcnt plant: sccondmy, Percent of cummanity served by sewer: 99% Average load: 10,200,000 gpd, Peak load: 32,000,000 gpd, Design capacity: 15,000,000 gpd -Telceonununications: Local tclephane company: McLcod USA/U.S. West Time required for repair (reg. bus. hours): 24 hour service, Equal Access long distance for Intra-LATA calls? No. Equal Access long distance for lnter-LATA calls? Yes, Type of central office switcher: Digital Is tiber currently in thc ground? Yes, Fiber used for:. Interoffice facilities/feeder dislribution Is SS7 service available? Yes, Is ISDN service available? Yes, Is T1-DS1 service available? Yes Is local cellular service available? Yes, Is local Interact service ax-ailable? Yes Tax Structure Assessed value of property in city: $2,001,961,910 Tax rate per $I,000 assesses value: $29.56 Bonded indebtedness: City: $9,440,000 Bonded indebtedness: School: $.00 Bonded indebtedness capacity of cemmunity $87,328,000 Future indebtedness plans: $.00 FELDERMAN APPRAISALS Remarks: Greater Dubuque offers an army of financial incentive programs designed to promote growth and profitability while creating quality job opportunities for Dubuque area residents. These include the CEBA (Conunanity Economic Betterment Account) Low-interest loans, EDSA (Econ. Development Set Aside) Loans and/or grants, TIFf fax increment Financing) and thc Iowa New Jobs Training progranu In addition to these locnity coordinated incentives, the state uf Io~va offers a profitable business environment. Iowa's single-factor, non-unitmy tax is based only on the tom[ sales income within the state. Iowa allows 50 percent deductibility of federal taxes from Imva corporate income tax. There is no property tax on new industrial machinery & equipment or corporate inventories et'salable goods, raw materials and goods in process. There is no sales or use tax on machinery, equipment and computers used in or for manufacturing or certain commercial enterprises. Transportation Services Air Service Time tn ufinutes to nearest public airport: 5 Type of rmnvay: concrete Length of runway: 6498 feet Unicom radio: Yes Instrument Landing system: Yes VOR: Yes Non-directional beacon: Yes Time in Minutes to nearest commercial air service: 5 City name: Dubuque Airlines serving point: American Eagle, Northwest Airlink, 'and United Express Remarks: Thc airport in Cedar Rapids is one hour and 10 minutes from Dubuque and offers commercial jet service tluough American Eagle, TWA,. TWE, United, Northwest, Northwest Airlinlq COMAIR, and U.S. Air Express Motor Carrier Number US high~vays serving city: 4 Nmnber Iowa highways serving city: 2 Time in minutes to nearest interslate interchange: 57 Intcrsm[c number: I80 Time in minutes to nearest four lane high~vay :1 Highway number: U.S. 20, 61, 151 Number motor freight carriers serving community: 13 Number of local terminals: 13 Nmubcr uf Intrastate carriers: 13 Number of Interstate carriers: 13 Rail Service: Community served by railroad: Yes Frequency of switching service: daily Piggyback ramp available locally: Yes Distance in miles to nearest piggyback service: 5 Name of Railroad: Chicago, Central and Pacific; and I&M Rail Liuk Barge Set'vice: City adjoins navigable river: Yes Barge dock avniIable: Yes Clmnnel Depth: 9.0 feet Length of Season: 9 Months FELDERMAN APPRAISALS Municip',d Sexvices Type of local government: Counc'fl/Manager/Ward; Mayor City zoning ordinance in effect: Yes Couaty zoning ordinance in eiTeet: Yes Subdivision ordinance with design standards in effect: Yes Number full time fire department persormel: 90 Number volunteer l'nm department personnel: 0 Fire insurance class ia city: 3 Fire insurance class outside city: 10 Number of full-time city police officers: 90 Industrial waste pickup service: Yes Pereeutage of city streets paved: 95% Commercial/Industrial Services Number of machine shops m conmmnity: 20 Number of tool/die shops in community: 9 Number of electric motor repair shops in community: 5 Daily Nmvspaper: Telegraph Herald Weekly Ne~vspaper: Dubuque Advertiser, Dubuque Leader Seating capacity of largest banquet reom: 1700 Is city served by cable TV?: Yes .. Number of motels/hotels: 1 $ Total uurabcr of ro~ms available: 1337 Number of financial institutions in city: 14 Number affiliated with bank chain: 3 Number of company owned, national chain retail stores: 67 Chamber of Commerce: Yes Manager is full time: Yes Is conununity CEPP ccrtiIicd? Yes Remarks: Numerous City/Council demographic information available upon request. Education: School district: Dubuque Type No, Teachers Enrollment Grades Elementary 12 295 4721 K-6 Middle/Jr. High 3 200 1450 7-8 High School 3 215 3255 9-12 Private 10 225 3756 k-12 Community College and Tradefrcch schools: Northeast Iowa Commnnity College in Pcosta and Calmar, IA; Southwest Wisconsin Technical College in Fennimore, WI Four year college or university: Clarke College; Divine Word Semina~; Emmaus Bible; Loras College; U of Dubuque; U of Dubuque Theological Snrainmy; U. of Wisconsin-Plattevillo; Wartbnrg Theological Scminapy; Additional Description: Dubuqueis a c~ntcmporary city with Victorian charm. Dubuque is the fifth largest city in the state of Iowa, yet it features a small-town's warmth, friendliness and freedom from hassles. Situated in a beautiful, natural location along thc Mi~kssippi River, Dubuque is known for its steep hills and river bluffs, superior education, cultural events and manufacturing strength. Climate Average winter temperature: 19.4 dcgrecs Average suramcr temperature: 70.2 degrees Average annual rainfall: 32.9 incites Average annual snowlhll: 35.5 inches Cultural & Recreational Facilities Number of local £acilifies and those within 1/2 hour travel time: 18 public golf courses 24 public parks 8 public tennis courts 5 public swinurting pools Number of Country Clubs available: 4 Public Access to lake or river?: Yes Activities allowed: Swinmfing: Yes Fishing: Yes Water Skiing: Yes Motor Boating: Yes Cultural and hfformation Resources: Theatre: Yes Library: Yes Opera: Yes Museum: Yes Ballet: Yes Historic site: Yes Art Gallet3,: Yes Symphony: Yes Historical society: Yes Art council: Yes Events: DubuqueFest. Dragon Boat Festival, Riverfest, Nat'l Farm Toy Show, Old House Enthusiast, Old House Tour, Brmvfest, Dubuque Catfish Festival, Iowa Winter Games, Taste of Dubuque, Christmas Candlewalk, Bincs Fest. Jazz Fest, Rose Festival, Music on the March, and the Dubuque County Fair Attractions: Sp/fit of Dubuque Sightseeing and Dinner Cruises, Cable Car Square Shopping, Fcncion Place Elevator, Dubuque Diamond Jo Cas'mo, Dubuque Greyhound Park & Casino, Dubuque Fighting Saints Hockey Team, Mississippi River Musemm Heritage Trail, Mines of Spain, Crystal Lake Cave, Sundown Mountain Ski Ama, Chestnut Mountain Ski Resort, Dubuque Arboretum & Botanical Gardens, Open Air Farmer's Market and the Dubuque Museum of Art Dependent Care Project Concern. Child Care Resources & Referral, 319-55%1628. Also Scenic Valley-Area Agency on Aging Eldereach Program. 3505 Stnncman Rd. Dubuque 52002. 319-588-3970 Health Facilities Number of Hospitals witlfin one hour drive: 16 Total number of beds: 1671 Time in minutes to nearest facility: 0 Time in minutes to emergency medical treatment: 0 Is Air flighl/EMT ambulance service available? Yes Number of clinics in commnnity? 14 Specialty of Clinic: OB/GYN, Oncology, Orthopedics, and Pediatrics Number of Medical personnel in county: MD's: 177 Dentists: 55 DOs: 8 DCs: 22 Other: 2032 Remarks: "Other" medical personnel include Nurses, Therapists, PA's, Podiatrists, and Pharmacists. Additional clinics in Dubuque inclu.de Internal Medicine, Family Pmctiec, Otolaryngology, Surgery, Opthamalogy and Urology Miseeliancous Information Total number of raliginus congregations in city: 68 Protestant: 44 Catholic: 18 Jewish: 1 Other. 5 Active civic/industrial improvement programs: Dubuque continues to bca progresstvc community poised for the future with a keen sense of its past. With the development of over 900 newly purcha~ acres of l~d intended for industrial development and technological industry, civic leaders are encouraging busiuesses to take a look at Dubuque. With a nationally recognized worlfforee recruitment campaign known as "Come back to your Future, Come Home to Dubuque", community leaders are targeting former residents of tim area and asking them to reconsider Dubuque and move back to enjoy new opportunities and the same quality of life that Dubuque has always offered. Residents of the Greater Dubuque area have always been known for their friendliness, their loyalty and hard work. An integral part of the plans for future development include a preservation of the very quality of life that make Dubuque a great place to live and work. Average cost of construction for liensing: $110 square feet Note: hffonnation obtained from thc Dubuque Clmnber of Commeme Homepage. CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Request for Proposals for Architectural/Engineering Design and Construction Inspector Services for the Education and Conference Center Public Works Director Mike Koch is recommending that the City issue a Request for Proposals for Architectural/Engineering consulting services to provide schematic development, design, and construction docttments for the Education and Conference Center atthe Port of Dubuque. In addition, the consultant will be asked to provide a quote for the cost to provide construction inspection services. The RFP was developed by the work group which was formed through the Development Agreement with Platinum Hospitality Group. This RFP is being issued in anticipation of receiving funding from this project from the Vision Iowa Program. No contract would be executed until that ftmding was secured; however, it is important that we begin the process so we do not delay construction of the Mississippi River Education and Conference Center. I concur with the recommendation and respectfully, request Mayor and City Council approval. Midhael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Request for Proposals for Architectural/Engineering Design and Construction Inspector Services for the Education and Conference Center INTRODUCTION The purpose of this memo is to request City CounciI approval of a Request for Proposal (RFP) for Architectural/Engineering consulting services to provide schematic development, design, and construction documents for the Education and Conference Center within the 4th Street Peninsula. In addition, the consultant will be asked to provide a quote for the cost to provide construction inspection services. The proposed RFP is attached to this memo. BACKGROUND As part of the America River's Project, an effort to plan for the design and construction of a 110,000 gross square foot Education and Conference Center is underway. The attached RFP has been developed for the public and private partners working on the Vision Iowa application for the America River's Project. Those partners include City staff {Administrative Services, Engineering, Community and Economic Development, Planning Services, Parking and Building Services), Jerry Enzler and Ted Goodmann (Dubuque County Historical Society), Sue Czeshinski (Convention and Visitors Bureau), Rick Dickinson (GDDC), and Jim Rix (Platinum Hospitality). DISCUSSION The RFP involves the selection of a consultant to provide schematic development, design services, and to prepare construction documents for the Education and Conference Center. A consultant team with expertise in architecture, landscape architecture, structural and civil engineering, geotechnical, electrical and mechanical engineering and information technology will be sought. A second component of the RFP includes the selection of a construction inspector to serve as an on-site inspector during all phases of construction of this project. The design consultant will work with a local team to develop schematic plans through final design for a state-of-the-art facility that incorporates previously- identified design assumptions. These assumptions include: · An interconnected campus that includes connections to adjacent developments; · Program space that includes indoor and outdoor classroom environments; · Enclosed transportation hub; · Enclosed trash facilities; · Maximizing the view of the River; · Analysis of an independent or centralized, efficient HVAC system; · Minimum of 400-stall parking facility; · State-of-the-art technology; · Opportunities for expansion. This consultant will work with City staff to coordinate this design through all phases including bidding, pre-construction, construction, and acceptance of the project. A preliminary schedule for design and construction phases is attached. Because the project site is located adjacent to the Corps of Engineers floodwall, the consultant is asked to provide a cost for an expanded scope of services. This expanded scope of services would provide for an on-site construction inspector to provide daily monitoring of activities related to the construction of the Education and Conference Center. Funding for the consultant(s) would come from the General Fund Capital Improvement Projects that have been budgeted. RECOMMENDATION On behalf of the committee, I would recommend the City Council to authorize the City Manager to solicit Architectural/Engineering consultant services for this RFP. Upon review of the proposals, the City Council will be asked to concur with the consultant selection recommendation. ACTION TO BE TAKEN The action step is for the City Council to approve this Request for Proposal. MAK/vjd Prepared by: Cindy Steinhauser, Parking Services Supervisor Bob Schiesl, Engineering Division CITY OF DUBUQUE, IOWA March 12, 200t REQUEST FOR PROPOSALS 1). Architect Services 2). Construction Inspector Services For Development of Riverfront Education and Conference Center 4th Street Peninsula I. INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified consulting firms (referred to in this RFP as Architect) to provide design and construction inspection services for the construction of an Education and Conference Center of approximately 110,000 GSF and incorporating a parking structure of approximately 400 stalls. The location of this project is on a 90-acre site commonly known as the 4a Street Peninsula. This peninsula rests along the Mississippi River and serves as a gateway to the City of Dubuque and eastern Iowa. The total cost of the center is estimated to be almost $30 million. Construction wilt begin soon on the Mississippi River Discovery Center, a museum and aquarium complex on the Ice Harbor, a 200-room hotel and indoor Waterpark along the riverfront and a 2000 foot Riverwalk that will be integrated into the Corps of Engineer floodwall. The River Discovery Center and Aquarium includes: 15 aquariums; Immersion theater showcasing the Mississippi River's creation, floods, history and underwater life; outdoor wetland featuring natural and living history with floating laboratories and classrooms; stream tables; an educational overnight program which lets visitom sleep on a "boat and breakfast" National Historic Landmark steamboat. The riverfrout hotel and indoor waterpark includes a seven story hotel with approximately 200 rooms and a 24,000 square foot indoor waterpark. Phase II includes 150 additional rooms and an 18,000 square foot addition to the waterpark. The Mississippi Riverwalk and Amenities includes a riverwalk which links the Star Brewery Amphitheater, the River's Edge Plaza, a landing for the Delta Queen, boat docks, public art and an 18-mile bike-hike trail connection to the Heritage Trail. The total combined public and private investment in these three projects is $185 million. The City of Dubuque has selected a firm to provide master planning and design services for the remainder of the 4~ Street Peninsula and South Ice Harbor areas. Attachment A is a map of the area and shows the location of the project. For additional information on Dubuque and recent initiatives, please visit the following web sites: ~-a~.dubuq uechmmber.cora w~v.~zaterdubuque.or~ 03/14/01 I II* ~-~¥.ameFicasr~ver. org COMMUNITY BACKROUND The City of Dubuque is located on the Mississippi River west of the Illinois-Wisconsin border and is connected to both states by bridges. It is the educational, industrial, and commercial center for the tri-state area and bas a stable and diversified manufacturing base and a growing service sector. The City's Census population is 57,686. The City is approximately 30 square miles in area. The City's annual budget is over $90 million and funds a full range of services. The Dubuque area economy has remained strong with unemployment at record low levels and a steady growth in manufacturing and construction jobs. The city's central retail area serves almost alt of the fifteen surrounding counties in Iowa, Illinois and Wisconsi~ Public improvements in the downtown area include a four-block pedestrian mall, three off-street parking ramps, with construction of a fourth ramp underway. There is also substantial commercial activity west of the central business district area along U.S. Highway 20, including an enclosed shopping mall with several national retailers. In 1999, the City approved the construction of over one million square feet of new commercial, office, industrial and institutional space. Residents of the Dubuque area make extensive use of the recreational opportunities afforded by the Mississippi River, which are complemented by the City and County park systems. This includes outdoor swimming pools, picnic areas, ice skating rinks, baseball diamonds, terns courts and a public golf course. Several recreational areas are situated on the bluffs overlooking the mighty Mississippi River. The City has a wide variety of cultural offerings including art galleries, theater groups and symphony concerts. In t985, p~inXUtUal gomlrtg was introdtlced to the community and in t991, riverboat gambling became an added attraction. The City's Mississippi riverfront is the location of this riverboat gambling and regular cruise boats. The port facilities are located in the historic Ice Harbor area. Dubuque enjoys approximately one million tourists annually and this number is anticipated to grow with the recent development opportunities described above. HI. PROPOSAL SUBMISSION REQUIREMENTS The proposal shall include the following information and shall be organized in the manner specified below. Letter of Transmittal A cover letter signed by an author/zed representative of the firm briefly outlining the ftrm's understanding of the work The cover letter must contain a commitment to provide the services described and the name, address, telephone number, fax number and email of the consultant's primary contact person~ Please also include a summary of the firm's understanding of the project. 03/14/01 2 Qualifications of firm(s) · List the names of the anticipated project manager and other key personnel associated with the project. A resume of their qualifications and experience should be attached along with the percentage of time each person is anticipated to devote to the project. The project team should include technical personnel familiar with the daily operations of a conference center or similar type facility. The project team should include structural engineering personnel either affiliated with the Corps of Eng'meers or personnel who have worked with the Corps of Engineers on similar type projects. In addition, the project team should consist of the personnel in the followh)g fields: architect, landscape architect, civil engineer, geotechnieal, electrical and mechanical engineer and information teclmology specialist. Describe the name and location of any subeonsulting firms that will be used by the firm in the design of the Education and Conference Center. Please identify the approximate percentage of work that would be performed by each of these firms. Include the experience and qualifications of the subconsultant firm and their key personnel in working on similar projects. Describe the experience of the firm in conducting projects of a size similar to this project. Include previous projects with simil,~r budgets and deadlines and whether the fnma met the established criteria. Include a project list with contacts for all similar projects that have been completed in the past 5 years. Identify the key personnel who worked on the referenced projects and who are expected to work on this project. · Provide information on the l/mits of insurance carried by the firm. See attachment B for the minimum amotl/lts required by the City of Dubuque. · Discuss the firm's ability to integrate this project into the firm's present workload. Scope of Services The City of Dubuque, in collaboration with the private sector, has undergone a process to identify needs for an Education and Conference Center. Preliminary planning has identified several assumptions that capitalize on the synergy of adjacem projects and which must be incorporated into the successful firm's design program. Design assumptions: · Education and Conference Center design is part of an interconnected campus that includes physical connections to the hotel/indoor water park, the riverwalk to the east of the facility and to the remainder of the 48 Street Peninsula to the west of the facility; · M'mimum program space shall include opportunities for small and large meetings and indoor and outdoor classroom environments (see attachment C for detail of programmed spaces); 03/14/01 3 Design shall include enclosed facilities for operational services such as trash collection, etc.; · Design shall incorporate an enclosed transportation hub; · Design shall maximize the view of the Mississippi River; · Design shall be compatible in nature and complement the natural and built environment; · Design shall involve an energy analysis of the HVAC system, including an independent or central utility plant using geothermal or other efficient means of energy. A centralized utility plant shall be defined as serving the projects east of Bell Street or the entire 4t~ Street Peninsula campus; · Design shall incorporate a mlnimllm of a 400-stall parking facility within the footprint of the Education and Conference Center; · Design shall include cutting edge technology as identified in the City's Vision Iowa application. This technology shall include physical connections to the riverwatk, hotel and waterpark and the Discovery Center along with other amenities; · Reference construction codes used in the City of Dubuque · 1997 Uniform Building Code · 1997 Uniform Fire Code · 1997 Uniform Mechanical Code · 1997 Uniform Plumbing Code · 1999 National Electrical Code; and · Design shall include opportunities for expansion. It is understood that the successful firm shall read and understand the project as outlined in the City's Vision Iowa application~ The firm shall have a working knowledge of all the requirements and specifications required within the Education and Conference Center. The project location is adjacent to a Corps of Engineers floodwalt built in 1967. The firm shall review all aspects of the project and address any concerns regarding construction adjacent to the floodwall in the design and construction of the facility. The firm shall include on the project team structural/geotechnical engineering personnel either affiliated with the Corps of Engineers or personnel who have worked with the Corps of Engineers on similar type projects. Please provide a proposed scope of services that addresses the following: Project Functionality 1. Facility needs and service opportunities · Facility layout, including detail on mechanical, electrical and other utility services and location; · Facility connections to adjacent structures and Riverwalk; · Parking facility layout; · Transportation/circulation links; · Technology needs and oppommities. 2. Opportunities to provide efficient services in collaboration with the adjacent hotel facility and River Discovery Center; 03/14/01 4 Schedule meetings on a regular basis with the design tetun to review project progress. Schedule should also include work sessions with City Council at project milestones. Coordln~Iion with Construction inspector; Deliverables, including but not limited to: Interior facility layout in graphic board; Elevation drawings of facility in graphic board; · Three-dimensional computer render'rog and optional ~nlmated walk-thru of building; · Bird's eye perspective in graphic board; · Consmmfion plans and specifications; · Bid documents and bid tabulations. Arehltect Services Architect services as outlined below and in general conformance with AIA Document B141 - Electronic Format - 1997 edition, Standard Form of Architects Services: Design and Contract Administration. Project admlni~a:ation services Consult, communicate and coordinate with the City, Project Team and partners in the Vision Iowa project. Prepare project schedule, evaluation of project budget and cost of the work. Evaluation and planning services Evaluation of project scope, budget and site and methods for construction services. Design services Provide architect and landscape architectural; civil, geotecbnical, structural, mechanical and electrical engineering; and other services resulting in preparation of schematic design documents, design development documents and construction documents. Construction procurement services Assist in obtaining competitive hid proposals, and in awarding and preparing construction contracts. Contract administration services Provide general administration of the construction contract, evaluation of the contractor's work, certification of payments to the contractor, review and approval of the commctor's submittals, preparation of change orders and recommendation of project completion~ Construction Inspector Services In addition to establishing the previously idemified team members, the firm is asked to provide a separate budget proposal for construction inspection services. This person will serve as an on-site inspector for all phases of construction of the Education and Conference Center. This inspector should be an individual with experience in 03/14/01 5 construction projects involving conference centers and parking structures. In addition, this person should have extensive knowledge in structural/geotechnical engineering and working with the Corps of Engineers. The project location is adjacent to a Corps of Engineers floodwall built in 1967. The construction inspector shall review and monitor all aspects of the project and address any concerns regarding construction adjacent to the floodwall. The inspector will work with the design team and the general contractor to successfully meet the services as outlined below and detailed in Attachment D: · Preconstruction services · Construction administration · Project finalization The construction inspector will work with a design team consisting of the architect for the Education and Conference Center, the construction manager for the hotel and waterpark facility, project engineer for riverwalk project, the construction manager for the Discovery Center and appropriate City staff to coordinate all phases of construction for each of those projects. Proposed Project Schedule Provide a project schedule onttining the time period and estimated completion date of the proposed scope of work for design services and a separate schedule for consm~ction management services. This should include a schedule for and description of all deliverable products throughout the period for both design services and construction administration/inspection services. If the project receives Vision Iowa funding by April 1, 2001 it is the City's expectation that censtrnction of the footing and foundation system ean begin November 2001. Fees and Compensation A two-tiered budget is requested that identifies: The detailed cost, including digital production and animation of graphics, to provide the requested scope of services identified above for the des'~m of the education and conference center. Please include responsibilities in general conformance with AIA Document B141 - Electronic Format - 1997 edition, Standard Form of Architects Services: Design and Contract Administration. Please be sure to include a deta'~led list of hourly billing rotes for additional services required outside the scope of services; and The detailed cost to provide the expanded scope of services identified in Attachment D for construction inspector services for the Education and Conference Center. Provide a proposed cost plus expenses budget for completion of the scope of services w'~h cost breakdowns by scope element. Quotation of fees and compensation shall remain fn'm for a period of at least 90 days from the proposal submission deadline. Please provide the proposed cost for each budget under separate cover. Initial 03/14/01 6 screening will be done by the selection committee without the benefit of knowing the proposed fee for services. IV. SUBMISSION REQUIREMENTS An unbound original plus nine copies shall he received in the office of the City of Dubuque's Park'mg Division 830 Bluff Street, Dubuque, Iowa 52001 by 4:30p. m CST Tuesday April 17, 200]. Each consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. All proposals become the property of the City of Dubuque and will not be returned. The City of Dubuque reserves the right to reject any and all proposals or portions of proposals and to negotiate changes with any consultant. The C'~zy of Dubuque is not liable for any cost incurred by any consultant prior to the execution of an agreement or contract, nor shall the City of Dubuque be liable for any costs incurred by the consultant that are not specified in any contract. The City of Dubuque is an Equal Employment Opportunity Employer. EVALUATION CRITERIA Proposals will he screened to ensure that they meet the minimum requirements of the proposal format. Qualifying proposals will be evaluated by a selection committee. Factors to be considered by the committee include the following: · Qualifications and experience of firm and any subconsultants; · QualhScations and experience of the principal consulting staff and of subconsulting staff who will work on the project; · Understanding of project scope and level of interest; · Approach to completing scope of services including creativity and problem solving; Responsiveness and compatibility between consultants and the City; · ability to communicate; · Proposed schedule required to complete project; · Proposed cost to complete project; and Ability to deign projects that are bid with/n proposed budget. Consultants may he invited to an interview with the selection committee prior to committee selection. Questions regarding this RFP should be directed to the City of Dubuque Parking Division by telephone at 319-589-4266 or by fax at 319-589-4308. 03/14/01 7 ATTACHMENT A ATTACHMENT C CITY OF DUBUQUE, IOWA EDUCATION AND CONFERENCE CENTER SPACE REQUIREMENTS Sellable space 54,000 GSF Support space 64,000 GSF (includes circzda~ion, kitchen, lobby, administrative, prefunction and other support space) Exhibit Hall 30,000 GSF Ballroom 12,000 GSF Meeting space 12,000 GSF The exhibit hall will be flee of columns and will have a ceiling height of at least 32 feet. Additional project specifications will be prepared during the prel/minary architectural phases of the project. Pre-function, meeting, exhibition and support space all need to be designed and built to industry standards. ATTACHMENT D CITY OF DUBUQUE, IOWA EXPANDED CONSTRUCTION INSPECTOR SCOPE OF SERVICES 1.0 2.0 PRECONSTRUCTION SERVICES The Construction Inspector w/il work with the Architect to implement previously established controls for all aspects of the project. These procedures will be consistent with the existing relationships and contracts with the City of Dubuque and coordinated with the completion of contracts and approvals and baseline schedule and budget. The Construction Inspector will review a written program statement prepared by the Architect based upon the current convemion center and parking ramp program defining major project components, systems and quality levels. Together these docments will become the project baseline and will be used to measure future performance The Construction Inspector will participate in progress meetings with the Owner, project architect, contractor, and construction manager for the hotel/waterpark, project engineer for riverwalk project, construction manager for the River Discovery Center and other parties to discuss coordination of construction. The Construction Inspector will prepare and submit a monthly narrative report, including project progress and identification of problems areas, proposed solutions and the responsible party. ~ Coustruetion Inspector will provide input for meeting agenda, summarize required actions at the conclusion of each meeting and work with the Architect to monitor completion of these actions. CONSTRUCTION ADMINISTRATION The Construction Inspector will monitor quality control, inspections and observations, testing, and monitoring procedures to insure compliance with design requirements. Field Inspection · Attend regularly scheduled progress meetings · Report on site activities and progress · Monitor construction progress · Provide monthly report on the stares of construction cost and schedule 03/14/01 1 ATTACHMENT D Review architect's approval or rejection of proposal requests, change orders, requests for information and contractor claims based upon a percentage of project completion IdentLey and resolve potential problems. Reviewing the safety programs of the general contractor and mak'mg appropriate recommendations. The performance of such services by the Construction Inspector shall not relieve the general contractor or trade contractors of their responsibilities for the safety of persons and property, and for compliance with all federal, state and local statutes, rules, regulations and orders applicable to the conduct of the work nor shall there be any reliance on this review by the contractors. Quality Assurance/Quality Control · Work with Architect to develop a performance monitoring system. · Work with Architect to implement an effective Construction Quality Assurance/Quality Control program. · Conduct field monitoring. · Develop and maintain a quality assurance/quality- control reporting system. · Review testing and inspection reports. · Monitor construction progress to assure that work does not proceed beyond specified perimeters without the appropriate inspections and required authorizations, including issues which may involve a structural or geotechnical engineer. Shop Drawing · Review construction shop drawings and provide comments to Owner and Architect. · Review the contractor's schedule of all shop drawings that must be submitted. · Monitor the Architect's and contractor's follow-through on submittal of critical shop drawings. Change and Claims Control · Participate in the negotiations and resolution of change proposals and claims. · Review change requests: · Work with Architect to identify charges already included in the contract documents. · Determine Lethe changes resulted from design errors or omissions discovered in construction or from other factors. · Evaluate whether the change or claim is appropriate. Project Adm/nistration 03/14/01 2 ATTACHMENT D Maintain a competent and experienced full-time staff at the Project site. Please include a staffing plan with your proposal. The staff will monitor progress of the Project. Participate in project meetings wSth the City, the Architect and the General Contractor · Review the project schedule. Review payment submittals including a summary sheet of activities and costs associated with each activity incurred during the month. · Provide daily, weekly, or monthly reports on project progress. Reporting frequency may vary according to construction activity. · Report should include summary o~ · Construction budget status. · Job Cost budget comparison. · Projected project completior~ · YTD construction budget report. Project Finalization · Final review of testing and inspection reports. · Determine substantial completion of the work and prepare for the Architect a list of incomplete or tmsatisfaetory items. · Determine final completion and provide written notice to the Owner and Architect that the work is ready for final inspection. · Verify submittal to the Owner of all operating and maintenance msmlalS and as-built drawings. · Verify submittal of as-built drawings to the Owner. 03/14/01 3 EDUCATION CONFERENCE CENTER PRELIMINARY SCHEDULE May 2001 June 2001 September 200t November 2001 April 2002 July 2002 November 2003 Interviews conducted; consultant selected City Council approves consultant City Council review/approve schematic design Footing/foundation work begins Review 100% construction documents Begin construction Construction complete CITY OF DUBUQUE, IOWA March 12, 2001 REQUEST FOR PROPOSALS 1). Architect Services 2). Construction Inspector Services For Development of Riverfront Education and Conference Center 4th Street Peninsula I. INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified consulting firms (referred to in this RFP as Architect) to provide design and construction inspection services for the construction of an Education and Conference Center of approximately 110,000 GSF and incorporating a parking structure of approximately 400 stalls. The location of this project is on a 90-acre site commonly known as the 4~ Street Peninsula. This peninsula rests along the Mississippi River mad serves as a gateway to the City of Dubuque and eastern Iowa. The total cost of the center is estimated to be almost $30 million. Construction wilt begin soon on the Mississippi River Discovery Center, a museum and · aquarium complex on the Ice Harbor, a 200-room hotel and indoor Waterpark along the riverfront and a 2000 foot Riverwalk that will be integrated into the Corps of Engineer floodwalL The River Discovery Center and Aquarium includes: 15 aquariums; Immersion theater showcasing the Mississippi River's creation, floods, history and underwater life; outdoor wetland featuring natural and living history with floating laboratories and classrooms; stream tables; an educational overnight program which lets visitors sleep on a "boat and breakfast" National Historic Landmark steamboat. The riverfront hotel and indoor waterpark includes a seven story hotel with approximately 200 rooms and a 24,000 square foot indoor waterpark. Phase II includes 150 additional rooms and an 18,000 square foot addition to the waterpark. The Mississippi Riverwalk and Amenities includes a riverwalk which li~s the Star Brewery Amphitheater, the River's Edge Plaza, a landing for the Delta Queen, boat docks, public art and an 18-mile bike-hike trail comaeetion to the Heritage Trail. The total combined public and private investmem ha these three projects is $185 million: The City of Dubuque has selected a firm to provide master planning and design services for the remainder of the 4~ Street Peninsula and South Ice Harbor areas. Attachment A is a map of the area and shows the location of the project. For additional information on Dubuque and recent initiatives, please visit the following web sites: x~'w.dubuquechamber.com ~v. great erdubuque.or g 03/14/01 1 COMMUNITY BACKROUND The City of Dubuque is located on the Mississippi River west of the Illinois-Wisconsin border and is connected to both states by bridges. It is the educational industrial, and commercial center for the tri-state area and has a stable and diversified manufacturing base and a growing service sector. The City's Census population is 57,686. The City is approximately 30 square miles in area. The City's annual budget is over $90 million and fimds a full range of services. The Dubuque area economy has remained strong with unemployment at record tow levels and a steady growth in manufacturing and construction jobs. The city's central retail area serves almost alt of the fit~een surrounding counties in Iowa, Illinois and Wisconsim Public improvements in the downtovm area include a four-block pedestrian mall, three off-street parking ramps, with construction of a fourth ramp underway. There is also substantial commercial activity west of the central business district area along U.S. Highway 20, including an enclosed shopping mall with several national retailers. In 1999, the City approved the construction of over one million square feet of new commercial, office, industrial and institutional space. Residents of the Dubuque area make extensive use of the recreational oppommities afforded by the Mississippi River, which are complemented by the City and County park systems. This includes outdoor swimming pools, picnic areas, ice skating rinks, baseball diamonds, tenni~ courts and a public golf course. Several recreational areas are situated on the bluffs overlooking the mighty Mississippi River. The City has a wide variety of cultural offerings including art galleries, theater groups and symphony concerts. In 1985, parimumat gamlt!g was introduced to the community and in 199t, riverboat gambling became an added attraction. The City's Mississippi riverfront is the location of this riverboat gambling and regular cruise boats. The port ficilities are located in the historic Ice Harbor area. Dubuque enjoys approximately one million tourists annually and this number is anticipated to grow with the recent development opportunities described above. IlL PROPOSAL SUBMISSION REQUIREMENTS The proposal shall include the following information and shall be organized in the manner specified below. Letter of Transmittal A cover letter signed by an authorized representative of the firm briefly outlining the firm's understanding of the work. The cover letter must contain a commitment to provide the services described and the name, address, telephone number, fax number and email of the consultant's primary contact person. Please also include a sumrnary of the fnma's understanding of the project. 03/14/01 2 Qualifications of firm(s) · List the names of the anticipated project manager and other key personnel associated with the project. A resume of their qualifications and experience should be attached along with the percentage of time each person is anticipated to devote to the project. The project team should include technical personnel familiar with the daily operations of a conference center or similar type facility. The project team should include structural engineer~g personnel either affiliated with the Corps of Engineers or personnel who have worked ,adth the Corps of Engineers on similar type projects. In addition, the project team should consist of the personnel in the following fields: architect, landscape architect, civil engineer, geoteclmical, electrical and mechardcal engineer and information technology specialist. Describe the name and location of any subconsulting firms that will be used by the firm in the design of the Education and Conference Center. Please identify the approximate percentage of work that would be performed by each of these firms. Include the experience and qualifications of the subconsultant firm and their key personnel in working on similar projects. Describe the experience of the firm in conducting projects of a size similar to this project. Include previous projects with similar budgets and deadlines and whether the firm met the established criteria. Include a project list with contacts for all similar projects that have been completed in the past 5 years. Identify the key personnel who worked on the referenced projects and who are expected to work on this project. · Provide information on the limits of insurance carried by the firr~ See attachment B for the minimunl amollnts required by the City of Dubuque. · Discuss the firm's ability to integrate this project into the firm's present workload. Scope of Services The City of Dubuque, in collaboration with the private sector, has undergone a process to identify needs for an Education and Conference Cemer. Preliminary planning has identified several assumptions that capitalize on the synergy of adjacent projects and. which must be incorporated into the successful fwm's design program. Design assumptions: · Education and Conference Center design is part of an interconnected campus that includes physical connections to the hotel/indoor water park, the riverwalk to the east of the facility and to the remainder of the 4~ Street Peninsula to the west of the facility; · Minimum program space shall include opportunities for small and large meetings and indoor and outdoor classroom environments (see attachment C for detail of programmed spaces); 03/14/01 3 · Design shall include enclosed facilities for operational services such as trash collection, etc.; · Design shall incorporate an enclosed transportation hub; · Design shall maximize the view of the Mississippi River; · Design shall be compatible in nature and complement the natural and built environment; · Design shall involve an energy analysis of the HVAC system, including an independent or central utility plant using geothermal or other efficient means of energy. A centralized utility plant shall be defined as serving the projects east of Bell Street or the entire 4t~ Street Peninsula campus; · Design shall incorporate a minimum of a 400-stali parking facility within the footprint of the Edncation and Conference Center; · Design shall include cutting edge technology as identified in the City's Vision Iowa application. This technology shall include physical connections to the riverwallq hotel and waterpark and the Discovery Center along with other amenities; · Reference constmetion codes used in the City of Dubuque · 1997 Uniform Building Code · 1997 Uniform Fire Code · 1997 Uniform Mechanical Code · 1997 Uniform Plumbing Code · 1999 National Electrical Code; and · Design shall include opportunities for expansio~ It is understood that the successful firm shall read and understand the project as outlined - in the City's Vision Iowa applicatiom The firm shall have a working knowledge of all the requirements and specifications required within the Education and Conference Center. The project location is adjacent to a Corps of Engineers floodwall built in 1967. The firm shall review all aspects of the project and address any concerns regarding construction adjacent to the floodwall in the design and construction of the facility. The firm shall include on the project team strueturat/geotechnical engineering personnel either affiliated with the Corps of Engineers or personnel who have worked with the Corps of Engineers on similar type projects. Please provide a proposed scope of services that addresses the following: Project Functionality 1. Facility needs and service opportunities · Facility layout, including detail on mechanical, electrical and other utility services and location; · Facility connections to adjacent structures and Riverwalk; · Parking facility layout; · Transportation/circulation links; · Technology needs and opportunities. 2. Opportunities to provide efficient services in collaboration with the adjacent hotel facility and River Discovery Center; 03/14/01 4 o Schedule meetings on a regular basis with the design team to review project progress. Schedule should also include work sessions with City Council at project milestones. Coordination with Construction inspector; Deliverables, including but not limited to: · Interior thcility layout in graphic board; Elevation drawings of facility in graphic board; Three-d'nnensional computer rendering and optional animated walk-thru of building; · Bird's eye perspective in graphic board; · Construction plans and specifications; · Bid documents and bid tabulations. Architect Services Architect services as omlined below and in general conformance with AIA Document B141 - Electronic Format - 1997 edition, Standard Form of Architects Services: Design and Contract Administration. Project administration services Consult, communicate and coordinate with the City, Project Team and partners in the Vision Iowa project. Prepare project schedule, evaluation of project budget and cost of the work. Evaluation and plannkng services Evaluation of project scope, budget and site and methods for construction services. Design services Provide architect and landscape architectural; civil, geetechnica[ structural, mechanical and electrical engineering; and other services resulting in preparation of schematic design documents, design development documents and construction documents. Construction procurement services Assist in obtaining competitive bid proposals, and in award'mg and preparing construction contracts. Contract adminl.qtration services Provide general administration of the construction contract, evaluation of the contractor's work, certification of payments to the contractor, review and approval of the contractor's submittals, preparation of change orders and recommendation of project completior~ Construction Inspector Services In addition to establishing the previously idemified team members, the firm is asked to provide a separate budget proposal for construction inspection services. This person will serve as an on-site inspector for all phases of construction of the Education and Conference Center. This inspector should be an individual with experience in 03/14/01 5 construction projects involving conference centers and parking structures. In addition, this person should have extensive knowledge in stmctural/geotechnieal engineering and working with the Corps of Engineers. The project location ks adjacent to a Corps of Engineers floodwall built in 1967. The construction inspector shall review and monitor all aspects of the project and address any concerns regarding construction adjacent to the floodwalk The inspector will work with the design team and the general contractor to successfully meet the services as outlined below and derailed in Attachment D: · Preconstruction services · Construction administration Project finalization The construction inspector will work with a design team cons/sting of the architect for the Education and Conference Center, the construction matmger for the hotel and waterpark fac'dity, project engineer for riverwalk project, the construction manager for the Discovery Center and appropr'mte City staff to coordinate all phases of construction for each of those projects. Proposed Project Schedule Provide a project schedule outlining the time period and estimated completion date of the proposed scope of work for design services and a separate schedule for construction management services. This should include a schedule for and description of all deliverable products throughout the period for both design services and construction administration/inspection services. If the project receives Vision Iowa funding by April 1, 2001 it is the City's expectation that construction of the footing and foundation system can begin November 2001. Fees and Compensation A two-tiered budget ks requested that identifies: The detailed cost, including digital production and animation of graphics, to provide the requested scope of services identified above for the design of the education and conference center. Please include responsibilities in general conformance with AIA Document B141 - Electronic Format - 1997 edition, Standard Form of Architects Services: Des'~n and Contract Administration. Please be sure to include a detailed list of hourly billing rates for additional services required outside the scope of services; and · The detailed cost to provide the expanded scope of services identified in Attachment D for construction inspector services for the Education and Conference Center. Provide a proposed cost plus expenses budget for completion of the scope of services with cost breakdowns by scope element. Quotation of fees and compensation shall remain fnun for a period of at least 90 days from the proposal submission deadline. Please provide the proposed cost for each budget under separate cover. Initial 03/14/01 6 screening will be done by the selection committee without the benefit of knowing the proposed fee for services. IV. SUBMISSION REQUIREMENTS An unbound original plus nine copies shall be received in the office of the City of Dubuque's Parking Division 830 Bluff Street, Dubuque, Iowa 52001 by 4:30p. rrt CST Tuesday April 17, 2001. Each consultant assumes full responsibility for del/very and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. All proposals become the property of the City of Dubuque and will not be returned. The City of Dubuque reserves the right to reject any and all proposals or portions of proposals and to negotiate changes with any consultant. The City of Dubuque is not liable for any cost incurred by any consultant prior to the execution of an agreement or contract, nor shall the City of Dubuque be liable for any costs incurred by the consultant that are not specified in any contract. The City of Dubuque is an Equal Employment Opportunity Employer. EVALUATION CRITERIA Proposals will be screened to ensure that they meet the lnlnimum requirements of the proposal format. Qualifying proposals will be evaluated by a selection committee. Factors to be considered by the committee include the following: · Qualifications and experience of firm and any suheonsultauts; · Qualifications and experience of the principal consulting staff and of suheonsulting staff who will work on the project; · Understanffmg ofprojeet scope and level of interest; · Approach to completing scope of services including creativity and problem solving; Responsiveness and compatibility between consultants and the City; ability to communicate; · Proposed schedule required to complete project; · Proposed cost to complete project; and · Ability to design projects that are bid within proposed budget. Consultants may he invited to an interview with the selection committee prior to committee selection. Questions regarding this RFP should be directed to the City of Dubuque Parking Division by telephone at 319-589-4266 or by fax at 319-589-4308. 03/14/01 7 ATTACHMENT A ATTACHMENT C CITY OF DUBUQUE, IOWA EDUCATION AND CONFERENCE CENTER SPACE REQUIREMENTS Sellable space 54,000 GSF Support space 64,000 GSF (ir~ludes circulation, kitchen, lobby, administrative, prefimction and other support space) Exhibit Hall 30,000 GSF Balkoom 12,000 GSF Meeting space 12,000 GSF The extfibit halt will be free of columns and will have a ceiling height of at least 32 feet. Additional projec~t specifications will be prepared during the preliminary architectural phases of the project. Pre-function, meeting, exhibition and support space all need to be designed and built to industry standards. ATTACHMENT D CITY OF DUBUQUE, IOWA EXPANDED CONSTRUCTION INSPECTOR SCOPE OF SERVICES 1.0 PRECONSTRUCTION SERVICES The Construction Inspector will work with the Architect to implement previously established controls for all aspects of the project. These procedures will be consistent with the existing relationships and contracts with the City of Dubuque and coordinated with the completion of contracts and approvals and baseline schedule and budget. The Construction Inspector will review a written program statement prepared by the Architect based upon the current convention center and parking ramp program defming major project components, systems and quality levels. Together these documents will become the project baseline and will be used to measure futare performance The Construction Inspector will participate in progress meetings with the Owner, project architect, contractor, and construction manager for the hotel/waterpark, project engineer for riverwalk project, construction manager for the River Discovery Center and other parties to discuss coordination of construction. The Construction Inspector will prepare and submit a monthly narrative report, including project progress and identification of problems areas, proposed solutions and the responsible party. The Construction Inspector wilt provide input for meeting agenda, summarize required actions at the conclusion of each meeting and work with the Architect to monitor completion of these actions. 2.0 CONSTRUCTION ADMINISTRATION The Construction Inspector will monitor quality control, inspections and observations, testing, and monitoring procedures to insure compliance with design requirements. Field Inspection · Attend regularly scheduled progress meetings · Report on site activities and progress · Monitor construction progress · Provide monthly report on the status of construction cost and schedule 03/14/01 t ATTACHMENT D Review architect's approval or rejection of proposal requests, change orders, requests for information and contractor claims based upon a percentage of project completion Identify and resolve potential problems. Reviewing the safety programs of the general contractor and mak'mg appropriate recommendations. The performance of such services by the Construction Inspector shall not relieve the general contractor or trade contractors of their responsibilities for the safety of persons and property, and for compliance with all federal, state and local statutes, roles, regulations and orders applicable to the conduct of the work nor shall there be any reliance on this review by the contractors. Quality Assurance/Quality Control · Work with Architect to develop a performance monitor'mg system~ · Work with Architect to implement an effective Construction Quality Assurance/Quality Control program. · Conduct field monitoring. · Develop and maintain a quality assurance/quality control report'mg system * Review testing and inspection reports. * Monitor construction progress to assure that work does not proceed beyond specified perimeters without the appropriate inspections and required authorizations, including issues which may involve a structural or geotechnical engineer. Shop Drawing · Review construction shop drawings and provide comments to Owner and Architect. · Review the contractor's schedule of all shop drawings that must be submitted. · Monitor the Architect's and contractor's follow-through on subrrdttaI of critical shop drawings. Change and Claims Control ,, Participate in the negotiations and resolution of change proposals and ciairns. · Review change requests: · Work with Architect to identify charges already included in the contract documents. · Determine tithe changes resulted from design errors or omissions discovered in construction or from other factors. · Evaluate whether the change or claim is appropriate. Project Admin'zstration 03/14/01 2 ATTACHMENT D · Mninta'm a competent and experienced full-time staff at the Project site. Please include a staffing plan with your proposal. The staff will monitor progress of the Project. Participate in project meetings with the City, the Architect and the General Contractor Review the project schedule. Review payment submittals including a summary sheet of activities and costs associated with each activity incurred dur'mg the month. · Provide daily, weekly, or monthly reports on project progress. Reporting fi:equency may vary according to construction activity. · Report should include summary · Constxuction budget status. · Job Cost budget comparison. · Projected project completion. · YTD construction budget report. Project Finalization · Final review of testing and inspection reports. · Determine substantial completion of the work and prepare for the Architect a list of incomplete or unsatisfactory items. · Determine final completion and provide written notice to the Owner and Architect that the work is ready for final inspection. · Verify submittal to the Owner of all operating and maintenance manuals and as-built drawings. ,, Verify subm'rttal ofas-bnitt drawings to the Owner. 03/14/01 3 EDUCATION CONFERENCE CENTER PRELIMINARY SCHEDULE May 2001 June 2001 September 2001 November 2001 April 2002 July 2002 November 2003 Interviews conducted; consultant selected City Council approves consultant City Council review/approve schematic design Footing/foundation work begins Review 100% construction documents Begin construction Construction complete CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Miltigen, City Manager Downtown Rehabilitation Loan for Cooper Building 390 Main Street Acting Community and Economic Development Director Pam Myhre is recommending execution ora loan to The Cooper Development Company, LLC for funding from the City's Tax Increment Financing-Funded Downtown Rehabilitation Loan Program to renovate the former Cooper Wagon Works building located at 390 Main Street. The Developers, Scott Neuwoelmer and Greg Prehm, have proposed a $2.5 million project to transform this vacant property at 3rd and Main into a multi-use commercial destination with restaurant, pub, night club, banquet facility and office space utilizing alt five floors of the building. The long-term low-interest loan would be for $300,000. The Developers will also pursue historic tax credits, which means that the work will meet the Secretary of Interior's Standards for Rehabilitation. The project will begin in April 2001, and is scheduled for completion in this calendar year. 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 ¥i ' nbnqnG CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: Michael Van Milligen, City Manager e 1Mhr~ ame a yhr.~e.e/A6ting Community and~j/onomic Development Director Downtownqlehabilitafion Loan for Cooper Building 390 Main Street INTRODUCTION This memorandum presents for City Council consideration a resolution approving a request from The Cooper Development Company, LLC for funding from the City's TW-funded Downtown Rehabilitation Loan Program to renovate the former Cooper Wagon Works building located at 390 Main Street. The developers propose a project which will be an asset to the Old Main District in becoming an "entertainment district". BACKGROUND On November 3, 1997, the City Council established by Resolution #458-97 revisions to the existing Downtown Rehabilitation Loan Program to encourage and enhance private investment and rehabilitation efforts in the Downtown Dubuque Urban Renewal District. The program, capitalized with fimds available through the City's tax increment financing district, now provides for a maximum of $300,000 in attractive low-interest loan monies. The program is tmique in that grants of up to $10,000 are available to offset necessary predevelopment costs. The program also includes a forgivable loan element whereby qualifying applicants may have up to the full amount of the loan forgiven as an incentive for the creation of new employment and housing opportunities in the district. The principals of The Cooper Development Company, LLC, Scott Neuwoelmer and Greg Prehm, have proposed a $2.5+ million project to transform this vacant property at 3d and Main into a multi-use commercial destination with restaurant, pub, night club, banquet facility and office space utilizing all five floors of the building. DISCUSSION The developers propose to borrow $300,000 from the City's loan program to assist this historic renovation project. The Cooper Building is a key downtown landmark building that sits at the gateway to the 4~ Street Peninsula and America's River project. The project will complete the restoration of the building's exterior and renovation of the interior five floors. The two upper floors will be completed once tenants are secured and build out of office space is determined. Total project costs are estimated to be $2,547,665.00. The developers will complete the project as a historic tax credit project which means that the work will meet the Secretary of the Interior's Standards for Rehabilitation. The project will commence in April 2001 if approved and is scheduled for completion late 2001. A copy of summary portions of the application is attached. Staff has reviewed the application and found it to be in keeping with the general requirements of the Downtown Rehabilitation Loan Program. The project pro forma is financially aggressive and very optimistic; however, it has not included future office rental revenue into the yearly projections which does leave room for increased net operating income. The financial risks involved with restaurant operations are great, but this project also includes a mix of other uses which can provide additional financial stability to the overall project. Additional information on the terms and conditions of the proposed Downtown Rehabilitation Loan is attached in the commitment letter. I£the loan is approved by the City Council, this commitment letter would be executed by both the Mayor and by The Cooper Development Company, LLC. RECOMMENDATION This building's success is hugely important to the Old Main District and the 4~ Street Peninsula. Its location, its historic significance, its mass and scale provide a critical oppommity for urban revitalization that can have a real impact in an area that is now undergoing such positive change. Public support, to bridge financial gaps and take risks to make projects like this happen, is equally critical. The project's backers and local lender, along with the City's financial participation, will enable local entrepreneurs to bring renewed vitality to our downtown. I recommend that the City Council adopt the attached resolution approving The Cooper Development Company, LLC's request for $300,000 and authorizing the preparation and execution of the necessary loan agreement. The resolution directs the City Manager to prepare and execute the final documcmts as per the terms and conditions of the attached commitment letter. ACTION STEP The action step for the City Council is to adopt the attached resolution. attachments The Cooper Development Company, L.LC. 475 Valeria Street Dubuque~ Iowa 52001 December 1, 2000 Dear Pam, This Business plan should have all the necessary information for the application of the loan programs: We would like to apply for the following; Downtown Rehabilitation Program ($300,000) FaCade Grant Program ($10,000) Planning & Design Grants $(10,000) My partner and I will be applying for the funding. The following is our personal information; Scott A. Neuwoehner SS # 475 Valeria St. Dubuque, IA 52001 556-4577 Greg A Prehm SS # 5902 Clark Street Des Moines, IA 50311 515-235 -5459 We will put personal guarantees as well as a second mortgage against the loan. We believe this project is important to the continued revitalization of the lower Main Street distr/ct. The "Cooper Building" is a historic structure in Downtown Dubuque, The renovation and revitalization of this structure is important not only for it's location (i.e. it's proximity to the new Chamber building and the entrance to the River Projecti) but also to help further the lower main district revitalization effort It is our belief that our proposed business located with in the building will be an asset to the lower Main Street area and Dubuque as a whole. As much as 30 new full and part-time jobs will be created as a result of our businesses. We believe that the Lower Main Street area can and will become the "Entertainment District" of Dubuque, offering residents as well as tourists numerous dinn/ng, shopping, lodging, and entertainment choices. Our project will be the for-rurmer in accomplishing this goal. Please feel free to contact me anytime with any questions you may have. I took forward to heating from you. Sincerely, Scott A. Neuwoehner Telephone (319) 556-4577 Fax (319) 556-4767 Executive Summary Business Description Scott A. Neuwoetmer & Greg A. Prehm are entrepreneurs that have developed a business proposal that shows their vision for building an entertainment complex in the lower main district of Dubuque. They will be leaving successful occupations to purse this endeavor for the next five years. Together their vision, drive and skills will help Scott and Greg create a successful new business employing over 30 full time people, and bring a revitalized new business concept to the Historic old Main street area, helping pave the way for future progress in the area. Their company the Cooper Development Corporation (to be formed) will own a building located at 390 Main Street, .formally know as the Cooper Wagon Works Building, operating 4 individual business and leasable office space. The roof is tess than 5 years old and all renovation estimates are included with this plan for review. The hub of the business "Main Street Brew Pub & Restaurant", is a full service restaurants specializing in quality food, atmosphere _and micro 9 ~ brewed beers. This is a _50~- seat restaurant featuring an average ticket price of $6.00 lunches and $12 dollar dinners. The restaurant level itself is a 7200 square foot area. Featuring exposed brick walls and ceilings, Panoramic views, 20-foot ceilings, and large exposed columns. A second supporting business is the" Old Main Reception & Banquet Hall" a 6500+ sq. foot area located on the second floor. Featuring panoramic views of downtown, a pm location and a unique atmosphere. The Restaurant will cater the food and beverage. Located in the lower level the "Boiler Room Night Club", the third proposed business, is a 200+ capacity n/ght club featuring daily specials, dancing, live music and a truly unique atmosphere. The fourth business also located in the lower level is the "Cypress Lounge" a piano bar lounge that features plush inter/or and a atmosphere to attract an upper scale businessmen and women clientele. The Cooper Development Corporation's building will also house 2 floors of leasable business space, each floor encompassing 5000 square at an conservative estimate of 8.50 a square foot. The industry The Cooper Development Corporation will be a part of the 376.2 billion- dollar food service industry'. (Estimated for 2000, see industry analysis) The industry has been in one of its greatest growth per/ods since the early 90's. According to the National Restaurant Association, the industry should continue to expand at a solid growth rate for it's n/nth consecutive year, /ncreasing an estimated 5% from 1999. In the nineties the industry has passed some notable milestones including surpassing the $300 billion sales threshold. Sales at Full service restaurants are projected to top 128 billion an Almost 6%/ncrease from the previous year. Mar~t The Cooper Development Corporation business located at the comer of third and Main Street will have over 300 feet of frontage on what is sure to be one of the busiest streets entering the Ice harbor and River project area. Local agencies (see supporting documents) have est/mated 1.3 million visitors to the River Project annually. Meaning 1.3 million tourists will pass by our business front door each year. There are three hotels (one proposed), the Five Flags Convention Center, and over 6700 people employed with in "lunch" d/stance of our location. We estimate that there are currently only a few- business in Dubuque who will be targeting our customers based on a full service menu, convenience, location, atmosphere, pricing, entertainment, and our micro-brewed beers. Out of those business our pricing competes with or beats our competition. Business Description Business Name & Location The legal name of the company is the '"'Cooper Development Corporation" owning and operating a building in the lower main district housing five separate business entities all geared toward separate demographics of customers. The building is located on the comer of 3,a and Main and is currently known as the "Cooper Wagon Works Building". This building will house the following entity's spelled out in detail in a later section: Main Street Brew Pub and Restaurant (main level) "Main Street" will be the hub of the businesses. Geared toward the ever- increasing need for a unique quality restaurant in the downtown Dubuque area. It w/Il be a brew pub restaurant specializ/ng in brewing quality micro brew beers along with serving high quality food. Main Street will focus mainly on micro brewed beers, burgers, steaks and other culinary delights. The "Main Street Brew Pub" will be the only restaurant in the area cooking on a hickory fired AZTEC grill giving the restaurant an immediate impact, not only for it's micro brewed beers, but also for the foods unique hickory flavor. Cypress Lounge (lower level) Another unique aspect to down town Dubuque[ A cozy piano bar catering to the 30+ age group, which will seat up to 75 patrons and will be separated from the other business located in the lower level. With solid, exposed lime stone walls, piano bar ambiance, built in tropical fish tanks, and direct access to the elevator the ':Cyprus" Lounge is sure to be a big hit. Boiler Room Night Club (lower Level) The "Boiler Room" is a nightclub geared toward attracting Dubuque's 20+ age group. This over 200 capacity club will feature a unique, classy atmosphere not typical of other local nightclubs. The "Boiler Room Night Club" will feature a separate entrance so not to interfere with the day to day operations of the other occupants in the building. Old Main Reception Hail (second floor) The second floor will feature a 300+ person reception hall that will be used dur/~g the weekdays as a banquet area for local business and club luncheons, diuner parties, holiday events, etc. As a reception hall it will offer prospective customers a classier atmosphere and more convenient location than other typical halls and hotels. Food and beverage service will be catered from the "Main Street Brew Pub" restaurant. Office space (Third and Fourth floor) By year two of business we will have two floors of 4500+ sq. feet each available for rent as office space. · Legal Form of Business The legal fo~m of the business will be Limited Liabihty Corporation (LLC) to be registered in the state of Iowa. Company Owners/Title The company's owners are Scott A. Neuwoetmer and Greg Prehrn, General partners. Current situation Mr. Neuwoetmwr and Mr. Prehm bring to the table experience of rurming their own successful independent businesses- Mr. Prehm a Stock Broker, and Mr. Neuwoehner a Real Estate Broker. They also have worked from time to time in the restaurant and bar business. To enhance their management skills they plan to retain the serv/ces of an experienced consultant during the first year of business. The consultant, R/chard Walls has successfully managed the initial start-ups of more than five, "million dollar" producing restaurants in the state of Missouri. Richard will play a key role/.n the first months of business and~ additionally, will be retained as a consultant for the remainder of the year. In addition, three separate, experienced assistants will be retained in the first year to assist with management respons~bilities. 2 The market has been defined; the competition has been evaluated and the location has been carefully selected and tested for the necessary demographics and traffic needed to meet the goals necessary to achieve profitability: The location has been chosen based in part due to the over 5000 employees and 400+ business located w/thin close proximity, and in part to the over 1 million estimated visitors who will come to Dubuque annually to visit the "America's River Project". Additionally, the location of the five flags center, two hotels, and the new hotel/indoor Water Park proposed for the area, make the "Cooper Wagon Works" location an excellent choice. Also, the city's drive to revitalize down town Dubuque makes the value of the location almost immeasurable. Mr. Neuwoehner currently has the "Cooper Wagon Works" building under contract. The restaurant will be located on sl~eet level facing North toward 3rd street and East toward Main street. The restaurant will be approximately 4500 square feet and will seat 265 patrons. The atmosphere will feature large windows exposing the entire North and East Sides to the open street, with exposed brick walls on the South side, and large exposed columns ill the middle: The motif will be that of an old brewery with exposed antique brewing equipment and local historic brewing decorations. We believe that the moderately priced menu, good selection of food and beers, inviting atmosphere and location, and a good advertising campaign w/il make this restaurant the most popular restaurant, not only in the local area but in the surrounding region as well. The fact that it w/il be the only place in town to enjoy a local micro brewed beer in and of it self will give Main Street instant credibility among the pubhc. The lounge will be called the "Cypress Lounge" and will feature among other things a piano player, on different nights of the week. This lounge will cater to upper middle class businessmen and women, and the yuppie crowd. Ev/dence that thi~ type of bar isin demand is the enormous success of the Busted Lift Bar located at 180 Main Street. The "Cypress Lounge" not only will cater to the upper middle class but will also be, with it's easy access from the restaurant, a place where patrons waiting for thek dinner table can visit and enjoy a cocktail. The cypress will serve a varity of drinks including the brewed beers from the restaurant. The aUnosphere will be a cross between a plush cigar bar and the before mentioned Busted Lift. Like the Busted Lift the wails w/Il be solid exposed limestone, with an exposed ceiling. However the Cypress will also have plush carpeting and a sohd oak bar. The walls behind the bar will have built in tropical fish tanks and low level mode lighting. It is our belief that the "Cypress Lounge" will be regarded as a one of a kind place to go for a relaxing one of a kind atmosphere. "The Boiler Room" nightclub, adjacent to the "Cypress Lounge" will be a club that introduces Dubuque to a new way of nightlife. If you could roll the best qualities of local Dubuque bars and the Coliseum in East Dubuque into one you would have the Borer r°om. With similar decor as the "Cypress Lounge"- exposed lime. stone walls and fish tanks behind the bar- the club will have it's own unique style and atmosphere not typical of a club or local bar. Essentially an under ground bar, the "Boiler Room" will feature dancing (club style), on Thursdays and Saturdays, & live music on Friday nights. Pool tables and other bar games will also be available to patrons. The boiler room will feature specials every night of the weelc Thursdays, Fridays, & Saturdays a cover charge will be collected at the door. What the "Boiler Room" will have that other clubs around the tri state area do not is a special atmosphere, not just a dance club atmosphere, or a live music atmosphere, but a quasi-mix. One aspect of the ''Boiler Room" that will be unique to the area will be the live web cast that will be slated for Saturday nights. In an effort to jump on the bandwagon of the Interact we will set up a live web cast from the bar via an appropriate web site on Saturday nights. This will be a promotional campa/gn to lure curious viewers to check out the action. Future ~oals. Our vision is to build on the revitalization of downtown, to draw' people form all demographics into the downtown lower main area, and specifically to our fac/t/ties. Our goal is to contribute to making the old main area the new "Enterta/nment District" for Dubuque. With the restaurant we will provide a unique dining experience unlike any other in the Dubuqueland area. The nightclub will appeal to a younger crowd, while the lounge will draw an older more sophisticated crowd. The objective of the reception area is twofold. A classy reception area that will offer an escape from hotel lobbies and hallways, and a banquet area downtown that offers great food and service not to mention atmosphere for businesses to entrain clients and have employee parties. 4 The Cooper Development Company L.L.C. 475 Valeria Street Dubuque, Iowa 52001 Breakdown of Proiected Proiect Costs and Funding Sources Proiect Cost Estimates: Item Building Cost Construction Bid Equipment Cost Contingency Working Capital (390 main) (Prism. Material & Labor) ( SunStar, SYSCO, Other) ( Construction, finish gud capital overruns) Dollar Amount $ 510,000.00 1,247,665.00 390,000.00 200,000.00 200,O00.00 Total Projected Costs 2~547~665.00 Source Dollar Amount Investors ( Cover Purchase of Building) $ 510,000.00 Bank Loan* (Construction, Equipment, Capital, Contingency) 1,500,000.00 Tax Credits** ( Equipment, Construction) 200,000.00 City Funding* ( Equipment, Construction) 300,000.00 Facade Grant* (Windows) 10,000.00 Design C-rant* ( Design work) 10,000.00 Total Sources of Funding $ 2~530~000.00 * Each source of funding will be used for numerous phases of the project unless certain guidelines related to that funding prohibit a particular use or allocation. ** Tax credits are estimated at $200,000 and could be as high as $220,000. T~l~nhnn~ LRI A~ .R.R~4K77 Fn~/R1A~ ~F~R-47~7 The Cooper Development Company L.L.C. 475 Valeda Street Dubuque, Iowa 52001 March 6, 2001 Dear Para, Enclosed is the Loan Commitment from DB&T. Please note the terms and Conditions required pr/or to closing. These terms and conditions have been addressed and we are now waiting for the SBA and City Approval as the final pieces of the pu771e. It is vital to this project that we receive all $300,000 of the Downtown rehabilitation loan funding and any other grant monies that are ayailable. We appreciate your pr/or and continuing work in helping us to secure these funds and would appreciate any personal or professional opinions you may have on proceeding. The Bank is expecting the SBA approval with in the next couple of weeks. We would like to get the city portion taken care of within that time frame as well, so we may start construction ASAP. Thanks again for you continued work. I look forward to hearing from you soon. With Regards, Scott A. Neuwoenner Manag/ng Partner Cooper Development Company L.L.C. Community and Economic Development Department 50 West 13th Street Dubuque, Iowa 52001-4864 The Cooper Development Company, LLC 475 Valeria Street Dubuque, Iowa 52001 March 19, 2001 RE: Letter of Commitment/Downtown Rehabilitation Loan Program Cooper Building, 390 Main Street Dear Sirs: I am please to inform you that your application for financial assistance for the historic renovation of the Cooper Building has been accepted and approved by the Dubuque City Counc/1. The following offer is made: Source of Funds: Amount of Commitment: Interest Rate: Term of Loan: Payment Schedule: Form of Security: Downtown Rehabilitation Loan Program $300,000 Three percent (3%) per annum Twenty (20) years Monthly interest only payments shall be required for the first sixty (60) months of the loan. Monthly principal and interest payments, amortized over an additional fifteen (15) year period, shall begin the sixty-first month of the loan You may prepay this loan in whole or in part at any time without penalty. The loan shall be secured by a second mortgage lien on the property or other security instrument that will satisfy the outstanding balance associated with this loan. Service People Integrity Responsibility Innovation Teamwork Commitment Letter Cooper Building Project Page 2 Purpose of the Loan: Historic renovation of the exterior facade and historically significant elements of the interior with remodeling of the remainder of the interior. Conditions of this Commitment: This commitment shall be subject to the developers securing the financial commitment from Dubuque Bank and Trust Company as offered in a loan commitment letter dated March 1, 2001 and meeting all of the terms and conditions stated there'm (b) An "aRer rehab" appraisal must be submitted to the Community and Economic Development Department prior to the scheduled loan closing. The cost of said appraisal shall be incurred by the property owner. (c) A title opinion must be completed at the expense of the property owner. A copy of said document must be provided at the loan clos'mg. (d) All exterior work must be reviewed and approved by the City's Historic Preservation Commission. (e) A loan agreement must be signed no later than June 30, 2001. The project must be completed in accordance with the regulations set forth for the City of Dubuque's Downtown Rehabilitation Loan Program. Additional Commitments: (a) A grant not to exceed ten thousand dollars ($10,000) will be available to of[set documented predevelopment costs, architectural and engineering fees and other miscellaneous soft costs. A determination must be made by the City that the project is substantially complete and satisfies the conditions of the loan prior to the release of any grant monies. A rebate equal to two thousand dollars ($2,000) may be forgiven for each new full-time job or full-time equivalent created within two years of the execution of the loan documents and maintained by the applicant or his/her tenant for a period of not less than three years. The mount of the loan to be forgiven shall be determined by the City on the fifth anniversary of the loan based on documented evidence of job creation. Commitment Letter Cooper Building Project Page 3 This commitment is valid for twenty-one (21) days from the date of this letter, l/you wish to accept the offer, you must return the acknowledgment. Failure to return written acknowledgment will be cause for the commitment to lapse. This commitment offer shall lapse if construction on the proposed project does not start within ninety (90) days of the loan closing. If the terms offered do not meet your approval, or if you have any questions regarding the conditions of this commitment, please contact Pamela Myhre, Community and Economic Development Department, at 319/589~4393. Sincerely, Terrance M. Duggan Mayor We have reviewed the above offer and accept the Downtown Rehabilitation Loan and all of the terms of this commitment letter. Scott A. Neuwoehner, Managing Partner The Cooper Development Company, LLC Date Greg A. Prebm The Cooper Development Company, LLC Date F:\USERS~myhre\WPDOCSkLOANDOC\CooperWW~cooperblclg. Itr.wpd RESOLUTION -01 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO THE COOPER DEVELOPMENT COMPANY, LLC. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from The Cooper Development Company, LLC meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of The Cooper Development Company, LLC's participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of The Cooper Development Company, LLC for participation in the Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to The Cooper Development Company, LLC for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this th day of March, 2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk F:\USERS~Pmyhre\WPDOC S~LOANDOC~CooperWW~cooperbldg.res.wlxl CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Mitligen, City Manager Downtown Rehabilitat'mn Loan for Town Clock Building 835 Main Street Acting Community and Economic Development Director Para Myhre is recommending execution ora Downtown Rehabilitation Loan to Town Clock Building Company for funding to renovate the Town Clock Building located at 835 Main Street. The owner proposes to borrow $300,000 from the City's loan program to assist this historic renovation project. The project will restore the exterior historic facade, which recently had its blue metal 'skin' removed and will completely renovate the interior for use as commercial office space. Total project costs are estimated to be in excess of $2 million. The project will commence in May 2001, and is scheduled for completion in February 2002. The Town Clock Building Company's affiliated companies, Cottingham & Butler and Self Insurance Services Company, anticipate adding approximately 60 employees within the next two years, and this City assistance will also provide a match for a Community Economic Betterment Account (CEBA) State Job Creation Assistance Loan. I concur with the reconunendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVMJjh Attachment cc: Barry Lindahl, Corporation Counsel Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM March 12, 2001 TO: FROM: SUBJECT: Michael Van Milligen, City,/~A~ _anag~ f.._ ./QL_ //' Pamela Myhre, Actinl~g/Community and Econo, i,6 Develo~'-ment Director Downtown Rehabilitation Loan for Town Clock Building 835 Main Street INTRODUCTION Tins memorandum presents for City Council consideration a resolution approving a request from Town Clock Building Company (Cottingham & Butler, Inc.) for funding from the City's TIF- funded Downtown Rehabilitation Loan Program to renovate the Town Clock Building located at 835 Main Street. BACKGROUND On November 3, 1997, the City Council established by Resolution g458-97 revisions to the existing Downtown Rehabilitation Loan Program to encourage and enhance private investment and rehabilitation efforts in the Downtown Dubuque Urban Renewal District. The program, capitalized with funds available through the City's tax increment financing district, now provides for a maximum of $300,000 in attractive low-interest loan monies. The program is unique in that grants of up to $10,000 are available to offset necessary predevelopment costs. The program also includes a forgivable loan element whereby qualifying applicants may have up to the full amount of the loan forgiven as an incentive for the creation of new employment and housing opportanities in the district. The Town Clock Building Company's affiliated companies, Cottingham & Butler and Self Insured Services Company, anticipate adding approximately 60 employees within the next two years. DISCUSSION The owner proposes to borrow $300,000 from the City's loan program to assist this historic renovation project. The Town Clock former sat atop this building. The project will restore the exterior historic facade which recently had its blue metal 'skin' removed and will completely renovate the interior for use as commercial office space. Total project costs are esthnated to be $2,038,317.00. A copy of the application for loan funds for the project is attached. The project will commence in May, 2001 and is scheduled for completion by February, 2002. The owner is also applying for a CEBA grant to assist this project which will allow expansion of several company divisions both in the Town Clock Building and in the Security Building. Additional information on the terms and conditions of the proposed Downtown Rehabilitation Loan is attached in the commitment letter. If the loan is approved by the City Council, this commitment letter would be executed by both the Mayor and by Town Clock Building Company. RECOM1V[ENDATION Staff has reviewed the application and found it to be in keeping with the requirements of the Downtown Rehabilitation Loan Program. The project appears financially sound. I recommend that the City Council adopt the attached resolution approving Town Clock Building Company's request for $300,000 and authorizfing the preparation and execution of the necessary loan agreement. The resolution directs the City Manager to prepare and execute the final documents as per the terms and conditions of the attached commitment letter. ACTION STEP The action step for the City Council is to adopt the attached resolution. attachments F:\USERSYPmyhre\WPDOC SXLOANDOCXSECURrlW~townclockbldg.mem.wpd Community and Economic Development Department 50 West 13th Street Dubuque, Iowa 52001-4864 Town Clock Building Company P.O. Box 28 300 Security Building Dubuque, Iowa 52004-0028 March 19, 2001 RE: Letter of Commitment/Downtown Rehabilitation Loan Program Town Clock Building, 835 Main Street Dear Sirs: I am please to inform you that your application for financial assistance for the historic renovation of the Town Clock Building has been accepted and approved by the Dubuque City Council. The following offer is made: Source of Funds: Amount of Commitment: Interest Rate: Term of Loan: Payment Schedule: Form of Security: Downtown Rehabilitation Loan Program $300,000 Three percent (3%) per annum Twenty (20) years Monthly interest only payments shall be required for the first sixty (60) months of the loan. Monthly principal and interest payments, amortized over an additional fifteen (15) year period, shall begin the sixty-first month of the loan. You may prepay this loan in whole or in part at any time without penalty. The loan shall be secured by a first mortgage lien on the property or other security instrument that will satisfy the outstanding balance associated with this loan. Service People Integrity Responsibility Innovation Teamwork Commitment Letter Town Clock Building Project Page 2 Purpose of the Loan: Historic renovation of the exterior facade and historically significant elements of the interior with remodeling of the remainder of the interior for use as commercial office space. Conditions of this Commitment: (a) An "after rehab" appraisal must be submitted to the Community and Economic Development Department prior to the scheduled loan closing. The cost of said appraisal shall be incurred by the property owner. Co) A title opinion must be completed at the expense of the property owner. A copy of said document must be provided at the loan closing. (c) All exterior work must be reviewed and approved by the City's Historic Preservation Commission. (d) A loan agreement must be signed no later than June 30, 2001. (e) The project is to be completed in accordance with the regulations set forth for the City of Dubuque's Downtown Rehabilitation Loan Program. Additional Commitments: (a) A grant not to exceed ten thousand dollars ($10,000) will be available to offset documented predevelopment costs, architectural and engineering fees and other miscellaneous soft costs. A determination must be made by the City that the project is substantially complete and satisfies the conditions of the loan prior to the release of any grant monies. Co) A rebate equal to two thousand dollars ($2,000) may be forgiven for each new full-time job or full-time equivalent created within two years of the execution of the loan documents and maintained by the applicant or his/her tenant for a period of not less than three years. The amount of the loan to be forgiven shall be determined by the City on the fffih anniversaW of the loan based on documented evidence of job creation. This commitment is valid for twenty-one (21) days from the date of this letter. If you wish to accept the offer, you must return the acknowledgment. Failure to return written acknowledgment will be cause for the commitment to lapse. This commitment offer shall lapse if construction on the proposed project does not start within ninety (90) days of the loan closing. Commitment Letter Town Clock Building Project Page 3 If the terms offered do not meet yot~r approval, or if you have any questions regarding the conditions of this commitment, please contact Pamela Myhre, Community and Economic Development Department, at 319/589-4393. Sincerely, Terrance M. Duggan Mayor We have reviewed the above offer and accept the Downtown Rehabilitation Loan and all of the terms of this commitment letter. John E. Butler, President Town Clock Building Company Date Stephen J. Bonfig, Treasurer Town Clock Building Company Date F:\USERS~r'myhr e\WPDOCS~LOANDOC\SECUP. ITy~tovolclockbldg.ltr.wpd RESOLUTION -01 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO TOWN CLOCK BUILDING COMPANY. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from the Town Clock Building Company meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of Town Clock Building Company's participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Town Clock Building Company for participation in the Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Town Clock Building Company for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 19t~ day of Maxch, 2001. Attest: Terrance M. DUggan, Mayor Jeanne F. Schneider, City Clerk F:\USERS~Pmyhre\WPDOC SBLOANDOC\SECURITY~townelo ckbldg.res.wpd www. cb-sisco.com ~ Aa~urex Cottingha m & Butler C&B lma~rance I SISCO [ ItealthCol~p ] Safety Management March 7, 2001 Ms. Pamela Myhre Community and Economic Development Department 50 West 13th Street Dubuque, LA 52001-4393 Dear Pam, Please allow this letter to service as our application for a loan through the Downtown Rehabilitation Loan Prograr~ Specific information about our project is as follows: The project is the Town Clock Building located at 835 Main Street, Dubuque, Iowa. The project includes the restoration of the exterior fagade and historically significant elmnents of the interior, and the remodel of the remainder of the interior for use as commercial office space. The cost of the project is estimated at $2,038,317. A detailed estimate is enclosed. The project will restore the historic build/ag to its original appearance and viability. The brick and stone architecture will stand out as a beautiful representation of Dubuque histo~2/. The building stands as a significant pm't of Dubuque's Main Street, which was once the heart of the City. It serves as au important element of the City's late 19th Century architectural resources and for its rote in the development of the local commercial base. In connection with this project, we intend to add approximately 60 employees within the next two years. See attached copy of warranty deed as proof of ownership. We request a loan of $300,000. The building currently does not have a mortgage. We would like to retain our mortgage-free status and would appreciate your help in securing the loan without a mortgage. We anticipate starting restoration work in May of 2001, with restoration of the fafade and roof first, and then the interior. We expect to have the entke project completed by February of 2002. Page 2 Pam Myhre March 7, 2001 · As this building has not been occupied since we purchased it, we have no historical £mancLal information. A pro-forma financial statement for the building is enclosed. We look lombard to completing this project with the ass/stance of this loan progran~ Please let me know if you have any questions or conce~'ns. Sincerely, Cottingham & Butler, Inc. Town Clock Building Company Jol~ E~ ~l~r~ president JEB/dim Enclosul-es Summary of Project Costs Town Clock Building February 28, 2001 Item Soft Cost Architect, Engineer, Professional Fees, Etc... Environmental and Demolition Exterior Renovation Roof Systems, Facade, Masonry, Windows, Cornice, Etc.,, Intedor Construction Foundation, Basement, Structural, Iron, Stair Towers, Elevator Shaft Mechanical Electrical, Plumbing, Sprinkler, Elevator, HVAC Tenant Build Out Estimated Cost 184,582.00 62,500.00 260,530.00 293,545.00 545,672.00 691,488~00 Total $2,038,317.00 Town Clock Building Company Proforma Financial Statement For year For year 20O2 2003 Rental Income 180,000 185,000 Expenses: Cleaning Utilities Maintenance & Repairs Property Taxes Insurance Building Supplies Trash Removal Security Maintenance Wages Management Fees 20,000 20,500 22,000 22,500 18,000 20,000 16,000 16,000 7,000 7,000 5,000 5,000 3,000 3,000 2,000 2,000 12,000 13,000 5,000 5,000 Subtotal Expenses t10,000 1t4,000 Net Cash Flow from Operations 70,000 71,000 Depreciation 31,000 31,000 Net Income 39,000 40,000 CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Cottingham & Butler Insurance Service, Inc. Community Economic Betterment Account (CEBA) Application Acting Community and Economic Development Director Pam Myhre is recommending approval of a Community Economic Betterment Account (CEBA) program application on behalf of Cottingham & Butler Insurance Service, Inc. 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 Myltre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM March 12, 2001 TO: FROM: SUBJECT: Commnnity Economic Betterment Account (CEBA) Application INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing the submission of a Community Economic Betterment Account (CEBA) program application to the Iowa Department of Economic Development on behalf of Cottingham & Butler Insurance Service, Inc. BACKGROUND Cott'mgham & Butler, a local insurance services company, has announced an expansion project involving the renovation of the historic Town Clock Building located at 835 Main Street, directly across from their Security Building. The total project is estimated to cost $2.64 million with building renovation alone costing over $2 million. The company is also seeking a Downtown Rehabilitation Loan of $300,000 to support the renovation project. That request is the subject of a separate March 19m City Cotmcil agenda item. DISCUSSION Over the next two years, Cott'mgham & Butler will employ 60 new employees at an average starting wage of$11.01 per hour. To help fund this expansion project, Cottingham & Butler has requested a partially forgivable CEBA loan of $180,000 which represents $3000 per new job created. The company's application states that this project will benefit the city in the following ways: provide 60 new jobs add over $1,375,000 in annual salaries to the area provide local vendors and tradesmen income and job opportunities restore and preserve a building that is significant to Dubuque history increase commercial office space enhance the downtown streetscape CEBA requires local financial participation in the project. Approval of the company's request for a $300,000 low-interest Downtown Rehabilitation Loan will serve as the public participation element of the application. RECOMMENDATION I recommend that the City Council authorize the submission of a CEBA application for a $180,000 partially forgivable loan on behalf of Cottingham & Butler with the City's commitment of local matching funds being a $300,000 Downtown Rehabilitation Loan. This project will have a positive impact on the revitalization of the city's downtown as an existing, vacant downtown landmark building will be renovated and reused. The project is consistent with the City's goals to expand local business, increase the number of higher wage jobs and further diversify our economic base. ACTION STEP The action step for the City Council is to adopt the attached resolution. a~achment March 13, 2001 F:\USERSXPmylx~e\WPDOCS~LOANDOC~SECURITYXtownelockceba.mem.wpd RESOLUTION NO. -01 A RESOLUTION AUTHORIZ13IG THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF COTTINGHAM & BUTLER INSURANCE SERVICE, INC. Whereas, Cottingham & Butler Insurance Service, Inc., a local insurance services company, has proposed the expansion of its exisfmg operations; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of quality jobs for area residents; and Whereas, the Iowa Deparmaent of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for fund'mg from the Commuuity Econornic Betterment Account program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Community Economic Betterment Account program on behalf of Cott'mgham & Butler Insurance Service, Inc., is approved. Section 2. That the local match as identified in the application is hereby approved. Section 3. That the Mayor is hereby authorized and directed to execute and submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 19z day of March, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USERSkCmyhre\WPDOCSkLOANDOC\SECURITY~towncl oekcebaapp.ms.wp d CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE ? APPLICATION FOR FINANCIAL ASSISTANCE APPLICANT INFORMATION: 1. APPLICATION TYPE (Please Check One): [%/] SMALL BUSINESS GAP FINANCING 2. THE COMMUNITY, CITY OR COUNTY SPONSORING THE APPLICATION: CITY OR COUNTY Dubuque NAME OF MAYOR OR BOARD CHAIR Terry Du,q,qan ADDRESS City Hall, 50 W. 13th Street, Dubuque, IA CITY/COUNTY CONTACT PERSON Michael Van Milligen TELEPHONE (319)589-4110 FAX ( ) [ ] NEW BUSINESS OPPORTUNITY [ ] NEW PRODUCT DEVELOPMENT ZIP CODE 52001 TITLE C ty Mana.qer BUSINESS RECEIVING BENEFIT OF FUNDING: BUSINESS Cottin,qham & Butler Insurance Service, Inc. NAME OF AUTHORIZED PERSON TO OBLIGATE THE BUSINESS BUSINESS ADDRESS 300 Security Building John E. Butler ZIP CODE 52001 BUSINESS CONTACT PERSON TELEPHONE (319) 587~5215 BUSINESS FEDERAL ID # Stephen J. Bonfi.q TITLE Treasurer FAX (319) 583-7339 42-0198040 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE DESCRIBE THE ORGANIZATIONAL STRUCTURE OF THE BUSINESS, INCLUDING ANY PARENT COMPANIES, SUBSIDIARIES, SISTER COMPANIES, ETC. Cottingham & Butler Insurance Services, Inc. and its affiliated companies are highly involved in various facets of the insurance business. Cottingham & Butler Insurance Services, Inc., provides insurance brokerage services for commercial business. Self Insured Services Co. (SISCO) provides claim services for self-funded medical and dental plans, along with claims services for workers' compensation and liability claims. HealthCorp provides pre- certification, utilization review and case management services. Safety Management Services Co. provides loss prevention and safety training. 5. LIST THE NAMES OF THE BUSINESS OWNERS AND THE PERCENT OF OWNERSHIP HELD BY EACH. John Butler 100% 6. LIST THE BUSINESS' PRIMARY AND SECONDARY STANDARD INDUSTRIAL CODES (SIC) CODES. Primary 6411 Secondary 03 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 10 7. DESCRIPTION AND HISTORY OF BUSINESS; (If complete description is attached, please summarize here.) Cottingham & Butler was established in 1887 in Dubuque, Iowa. The company was founded by Dixon Cottingham, great grandfather to the existing president, John Butler. The business first started as a general insurance brokerage. In 1930, Ellis Butler joined the firm and moved the company in the direction of larger commercial insurance accounts, which has remained our direction to this day. In the late 50% the current president, John Butler, joined the business. John has accelerated the growth of CBISl through expansion and diversifying our services within the insurance industry. DESCRIBE IN DETAIL THE PROPOSED "PROJECT': (e.g., company relocafion, plant expansion, remodeling, new product line, refinancing, etc.) (if complete description is attached, please summarize here.) Cottingham & Butler has been growing substantially for the past 10 years. To accommodate that growth, there is a need for additional space for our expanding employee population. The Town Clock Building, located at 835 Main Street, is directly across the plaza from Cottingham & Butler. The plan is to restore and remodel the building within historic preservation guidelines. This historic building has approximately 17~000 square feet of space and the potential to house 100 employees. Our plan isto relocate some of our current divisions to the new space to allow for growth of these services and, at the same time, to allow for the further growth of services remaining in the Security Building. This expansion is projected to accommodate the addition of 60 new positions over the next 2 years. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 11 WILL THE PROJECT INVOLVE A TRANSFER OF OPERATIONS OR JOBS FROM ANY OTHER IOWA FACILITY OR REPLACE OPERATIONS OR JOBS CURRENTLY BEING PROVIDED BY ANOTHER IOWA COMPANY? IF YES, PLEASE INDICATE THE FAClLITIY (S) AND/OR COMPANY(S) AFFECTED. None 10. WHAT PERCENTAGE OF THE COMPANY'S SALES WILL BE OUTSIDE THE STATE OF IOWA? Approximately 40% 11. DESCRIBE THE BUSINESS' ANTICIPATED IN-STATE CUSTOMERS AND THE PRODUCT/SERVICE THAT WILL BE PROVIDED TO EACH. Our current and potential customers vary from very large to small business operations who require services for coverage and self insured exposures. For more detail on the services provided by CBISl, read the answer to #4 and the enclosed Corporate Brochure. 12. WHAT PERCENTAGE OF THE COMPANY'S TOTAL OPERATING EXPENDITURES (INCLUDING WAGES AND SALARIES) WILL BE SPENT WITHIN THE STATE OF IOWA? 100% 13. WHAT DATE WILL THE PROJECT BEGIN? May 1, 2001 BE COMPLETED? February 1, 2002 (NOTE: Funds are not normally distributed to the business until approximately two months after DED's actual approval.) 14. HAS ANY PART OF THE PROJECT BEEN STARTED? Minor clean up and demolition of the facilities has been started. YES __ NO (If yes, please describe:) CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 12 15. HOW MANY EMPLOYEES ARE CURRENTLY EMPLOYED BY THE COMPANY? (Total employment including all locations, subsidiaries, divisions, affiliates, etc., worldwide) 280 THIS COMPANY HAS MORE THAN ONE IOWA FACILITY, HOW MANY FULL-TIME EMPLOYEES ARE THERE AT THE FACILITY AFFECTED BY THIS PROPOSAL? N/A OTHER IOWA FACILITIES? Location(s) Davenport, IA No of Employees at each 2 HOW MANY TOTAL INDIVIDUALS HAVE BEEN EMPLOYED BY THE COMPANY AT THESE FACILITIES DURING THE PAST YEAR? 2 16. IF AWARDED FUNDS, HOW MANY NEW, FULL-TIME MEPLOYEES WILL YOU ADD TO THE PAYROLL WITHIN 12, AND 24, MONTHS OF THE AWARD DATE? The business acknowledges if it fails to create the jobs pledged below by the end of the project period (usually 24 months from the date of the CEBA award), it will reimburse CEBA funds for the employment shortfall. The preparer of this application should ensure that the business is aware of this provision before asking the business to sign the application form. FULL-TIME: PART-TIME: 12 MONTHS 25 12 MONTHS 0 Cumulative Cumulative FULL-TIME PART-TIME 24 MONTHS 60 24 MONTHS 0 Cumulative Cumulative 17. WHAT IS THE ESTIMATED ANNUAL PAYROLL FOR THE NEW EMPLOYEES RESULTING FROM THIS PROJECT? $1,375,000 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 13 18. WHAT IS THE STARTING AVERAGE HOURLY WAGE RATE (NOT INCLUDING FRINGE BENEFITS PROJECTED TO BE FOR THE NEW EMPLOYEES? $11.01 FOR EXISTING EMPLOYEES? $16.35 LIST POSITIONS AND HOURLY RATES FOR EACH JOB CLASSIFICATION TO BE CREATED AND RETAINED. See next page. An example is typed in the first line. HOW MANY OF THE BUSINESS' CURRENT EMPLOYEES ARE EARNING AN HOURLY WAGE, EXCLUDING BENEFITS, OF AT LEAST THE COUNTY THRESHOLD WAGE? 180 (CONTACT A CEBA PROJECT MANAGER AT IDED FOR CURRENT FIGURES.) CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 18. Cont. LIST OF POSITIONS AND HOURLY RATE FOR CREATED AND RETAINED POSITIONS (Use Additional Sheets if Needed) No. Hours Create Retain Position Title Per Week Hourly Rate of Pay 10 0 Assembler 40 $9.00 2 0 Client Service Rep, C & B 40 $12:02 3 0 Account Executive 40 $21.64 2 0 Benefit Services Rep 40 $13.46 2 0 Claims Supervisor 40 $12.02 3 0 Claims Auditor 40 $10.00 3 0 Workers Comp Adjuster 40 $13.46 1 0 P & C Claims Adjuster 40 $13.46 1 0 Safety Analyst 40 $21.64 2 0 Nurse Case Manager 40 $16.83 3 0 Specialized Transportation 40 $14.43 Sales Rep 4 0 Account Administrator 40 $13.00 12 0 Medical Claim Examiner 40 $8.50 8 0 Indexer 40 $7.75 10 0 Customer Service Rep 40 $8.75 1 0 Account Assistant 40 $9.00 1 0 Word Processor 40 $9.00 2 0 Enrollment 40 $8.50 CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 15 19. WILL ANY OF THE CURRENT EMPLOYEES LOSE THEIR JOBS IF THE PROJECT DOES NOT PROCEED? YES ~/ NO 20. IF YES, HOW MANY? EXPLAIN WHY: 21. WHAT IOWA COMPANIES DO YOU EXPECT TO SELL TO WHICH CURRENLTY BUY FROM NON-IOWA COMPANIES? WHAT PERCENTAGE OF YOUR SALES WILL FALL INTO THIS CATEGORY? We are currently working with many Iowa companies that purchase insurance products and self-insured services from large national brokerage firms located outside of Iowa. Many of these Iowa-based businesses will purchase insurance and processing services from Cottingham & Butler Insurance Services, Inc. We anticipate that close to 15% of our new business will fall into this category. 22. WHAT OTHER IOWA COMPANIES COULD BE CONSIDERED TO BE YOUR COMPETITORS? Kirk Van Orsdale (KVI) Holmes Murphy Seabury & Smith Any other Third Party Administration company, also any commercial insurance agency/brokerages. 23, HOW WILL THIS PROJECT BENEFIT THE CITY/COUNTY, ETC. This project will increase the tax base for the City and the County. The project will also: · Provide 60 new jobs. · Add over $1,375,000 in salaries to the area · Provide local vendors and tradesmen income and job opportunities · Restore and preserve a building that is significant to Dubuque history. · Increase commercial office space. · Enhancethe downtown street-scape. CEBA APPLICATION FOR BUS[NESS FINANCIAL ASSISTANCE PAGE 24. IN WHAT FORM IS THE BUSINESS CONTRIBUTION TO THE PROJECT? PLEASE EXPLAIN CLEARLY. (i.e., SALE OF STOCK, EQUITY INVESTMENTS, SUBORDINATED DEBT, ETC.) Governmental funds/grants Internal finandng 25, IDENTIFY ALL AGENCIES OR INSTITUTIONS INVOLVED IN THE PROJECT, AND WHAT THEIR INVOLVEMENT IS: None CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 17 SUMMARY OF PROJECT COSTS AND PROPOSED FINANCING SOURCES 26. USE OF FUNDS SOURCES (Summarize All Sources from Question 27) ACTIVITY COST SOURCEA SOURCE B SOURCE C SOURCE D SOURCE E SOURCE F 1. LAND ACQUISITION $0 2. SITE PREPARATION $62,500 $62,500 3. BUILDING ACQUISITION $0 4. BUILDING CONSTRUCTtO $0 N 5. BUILDING REMODELING $1,975,817 $180,000 $1,495,817 $300,000 6. MACHINERY & EQUIPMENT $230,000 $230,000 7. FURNITURE & FIXTURES $370,000 $370,000 8. PERMANENT WORKING $0 CAPITAL (detail:) ..... ............................... :::::::::¥:::::::::::::¥::::::::::::::::::::::::::::::::::::::::::::: 9. OTHER $ 10. OTHER $ TOTAL: $2,638,317 $180,000 $2,158,317 $300,000 $ $ $ 27. TERMS OFPROPOSEDFINANCING CODE: SOURCE (include all soumes in Question 26) AMOUNT TYPE (1) RATE TERM Source A: STATE ASSISTANCE (CEBA) $180,000 ~t~ 0% 5 years Source B: Internal Funding $2,158,317 Equity Source C: City of Dubuque (Downtown Rehab) $300,000 TIF Source D: Source E: Source F: I TOTAL: $2,638,317 (1) For example: Forgivable Loan, Direc~ Loan, Grant, Equity, etc, /lc $90,000 zero percent loan for five years, then 3%; $90,000 forgivable. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE t8 28. EXPLAIN WHY ASSISTANCE IS NEEDED FROM THE STATE, AND WHY IT CANNOT BE OBTAINED ELSEWHERE. SPECIFIC SUPPORTING DOCUMENTATION EVIDENCED BY CASH FLOW STATEMENTS, INCOME STATEMENTS, ETC., IS REQUESTED. Due to the magnitude of this project, we are estimated to spend over $2.2 million. Corporate finances will not allow all funding to come from one source. CBISl is exploring all avenues of funding with primary emphasis on grants, Iow interest loans and internal financing. 29. EXPLAIN THE NEED FOR SPECIFIC TYPE OF ASSISTANCE (LOCATIONAL OR FINANCIAL OR RATE OF RETURN). CAN CONVENTIONAL FINANCING BE OBTAINED FOR ALL PROJECT COSTS? IF CEBA PROVIDED A MARKET RATE LOAN COULD THE PROJECT PROCEED? LOW OR NO INTEREST LOAN? IF NOT, WHY? Due to the size of the expenditure and the affect it would have on the *bottom line" of the company, only Iow or no- interest financing are acceptable. Current interest rates on the amount needed would greatly affect corporate financial performance. 30. WHAT TYPE OF SECURITY AND IN WHAT AMOUNT WILL THE ASSISTED BUSINESS PROVIDE THE STATE? IF NO SECURITY IS OFFERED, AN EXPLANATION MUST BE PROVIDED. NOTE: AS A GENERAL RULE, FOR THOSE BUSINESSES NOT PUBLICLY TRADED, PERSONAL GUARANTEES ARE REQUIRED IN ADDITION TO OTHER PLEDGED BUSINESS ASSETS. ALSO, FOR THOSE BUSINESSES WHO ARE SUBSIDIARIES OF LARGER BUSINESSES, CORPORATE GUARANTEES ARE NORMALLY REQUIRED FROM THE HOLDING OR PARENT COMPANY. MORTGAGE Yes $ WHAT SENIORITY OR POSITION? LIEN ON Building $ WHAT SENIORITY OR POSITION? PERSONAL GUARANTEE No $ CORPORATE GUARANTEE Yes $ OTHER $ NONE .(If none, please explain) 31. GENERALLY A DECISION BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT ON THiS APPLICATION CAN BE EXPECTED WITHIN 30 DAYS OF RECEIPT OF THE APPLICATION. IS THERE AN URGENT NEED FOR A MORE IMMEDIATE DECISION (I.E., 1 - 2 WEEKS) ON THIS APPLICATION? YES ~/ NO IF SO, WHY? CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 32. DOES THE BUSINESS CERTIFY THAT HIRING PREFERENCE WILL BE MADE TO IOWA RESIDENTS? ~/ YES NO 33, DOES THE BUSINESS CERTIFY THAT HIRING PREFERENCE WILL BE MADE TO FORMER EMPLOYEES OF ANY BUSINESS MERGED OR ACQUIRED BY THE COMPANY WITHIN THE LAST THREE YEARS? YES NO 34. DOES THE BUSINESS CERTIFY THAT AT LEAST TEN (10%) PERCENT OF THE POSITIONS TO BE CREATED WILL BE MADE AVAILABLE TO QUALIFIED PROMISE JOB PARTICIPANTS? YES NO 35. HAS THE BUSINESS BEEN CITED OR CONVICTED FOR VIOLATIONS OF ANY FEDERAL OR STATE LAWS OR REGULATIONS WITHIN THE LAST FIVE YEARS (INCLUDING ENVIRONMENTAL OR SAFETY REGULATIONS)? YES *] NO. IF YES, PLEASE EXPLAIN THE CIRCUMSTANCES OF THE VIOLATION(S). 36. WILL YOUR BUSINESS BE UTILIZING, OR BE LOCATED ON PROPERTY ON WHICH IS LOCATED, UNDERGROUND TANKS (WHETHER OR NOT IN CURRENT USE) FOR THE STORAGE OF PETROLEUM PRODUCTS, AGRICULTURAL OR OTHER CHEMICALS, WASTE OIL OR OTHER LIQUID WASTE, OR ANY OTHER INFLAMMABLE, CORROSIVE, REACTIVE OR EXPLOSIVE LIQUID OR GAS? YES ~/ NO IF YES, PLEASE SPECIFY. 37. WILL YOU BE STORING ABOVE-GROUND ON OR ABOUT YOUR BUSINESS PREMISES, tN TANKS OR OTHERWISE, FOR ANY LENGTH OF TIME OR FOR ANY PURPOSE, ANY LIQUID OR GAS INCLUDED IN QUESTION 36 ABOVE OR ANY INFLAMMABLE, CORROSIVE, REACTIVE OR EXPLOSIVE SOLID, EXCLUDING ORDINARY REFUSE? __YES ~] NO IF YES, PLEASE SPECIFY. CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 20 38. WILL YOU BE TREATING, TRANSPORTING OR DISPOSING OF ANY LIQUID, GAS OR SOLID INCLUDED IN QUESTIONS 36 OR 37 ABOVE, EITHER ON OR ABOUT YOUR BUSINESS PREMISES OR AT A LANDFILL OR OTHER TREATMENT FACILITY, OR UPON ANY PUBLIC STREET OR HIGHWAY, OR ON ANY WATERWAY OR BODY OF WATER, OR IN ANY AIRCRAFT? YES ~/ NO IF YES, PLEASE SPECIFY THE SUBSTANCE AND WHAT YOU WILL BE DOING WITH IT. 39. IF THE BUSINESS GENERATES SOLID OR HAZARDOUS WASTE, IT IS REQUIRED TO SUBMIT AN AUDIT AND MANAGEMENT PLAN TO REDUCE THE AMOUNT OF THE WASTE AND TO SAFELY DISPOSE OF THE WASTE. FOR THE PURPOSES OF MEETING THIS REQUIREMENT; THE BUSINESS IN LIEU OF PROVIDING IN-HOUSE AUDITS, MAY SUBMIT AUDITS COMPLETED BY EITHER THE WASTE MANAGEMENT AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES OR OTHE IOWA WASTE REDUCTION CENTER AT THE UNIVERSITY OF NORTHERN IOWA. tF AN AUDIT AND MANAGEMENT PLAN IS NOT SUBMITTED, THE DEPARTMENT SHALL NOT PROVIDE ASSISTANCE UNTIL IT IS SUBMITTED. 40. WILL ANY PART OF THE PROJECT TAKE PLACE IN A 100 YEAR FLOOD PLAIN? YES ',/ NO 41. DOES THE BUSINESS PROVIDE AT LEAST 80% OF STANDARD MEDICAL AND DENTAL INSURANCE FOR FULL-TIME EMPLOYEES? ~/ YES NO 42. DOES THE COMMUNITY HAVE A COMMUNITY BUILDER PROGRAM IN PLACE? */ YES NO 43. REQUIRED ATTACHMENTS. CHECK OFF EACH ONE SUBMITTED. IF NOT SUBMITTED, EXPLAIN WHY IT IS NOT SUBMITTED. CBISI is a privately held family-run organization. Due to this fact, much of the company's financial information is considered strategic and confidential in nature. Profit and loss statements, financial arrangements with our lenders and payroll information will not be supplied at the time of this application. A three-year balance sheet is included. ~/ COMMUNITY RESOLUTION AUTHORIZING THE APPLICATION BUSINESS PL~.N (IF NEW BUSINESS) N/A PROFIT AND LOSS STATEMENTS (3 YEAR HISTORICAL AND 2 YEAR PROJECTIONS) N/A BALANCE SHEETS (3 YEAR HISTORICAL AND 2 YEAR PROJECTIONS INCLUDING AGED ACCOUNT RECEIVEABLE SCHEDULE, AGED ACCOUNTS PAYABLE SCHEDULE AND A SCHEDULE OF OTHER DEBT) N/A LETTERS OF COMMITMENT OF PROJECT FUNDS, (FROM BANKS, APPLICANT, ETC.) ~/ DESCRIPTION OF FRINGE BENEFITS PROVIDED TO EMPLOYEES CEBA APPLICATION FOR BUSINESS FINANCIAL ASSISTANCE PAGE 21 N/A COPIES OF THE COMPANY'S QUARTERLY IOWA "EMPLOYER'S CONTRIBUTION AND PAYROLL REPORT" FOR THE PAST YEAR AND A COPY OF THE MOST RECENT MONTHLY PAYROLL REGISTER. MAP INDICATING THE LOCATION OF THE PROJECT WITHIN THE COMMUNITY. ATTACH COST ESTIMATES FOR CONSTRUCTION, MACHINERY/EQUIPMENT, PERMANENT WORKING CAPITAL AND PURCHASES. . CERTIFICATE OF GOOD STANDING FROM THE IOWA SECRETARY OF STATE OR AN AUTHORIZATION TO CONDUCT BUSINESS IN IOWA. CERTIFICATE OF INCUMBENCY LISTING THE CURRENT BOARD OF DIRECTORS AND CURRENT OFFICERS IF A CORPORATION OR A LISTING OF THE GENERAL PARTNERS IF A PARTNERSHIP. CORPORATE RESOLUTION AUTHORIZING THE APPLICATION FOR CEBA FUNDS. CORPORATE SIGNATORY AUTHORIZATION NAMING AN OFFICER TO EXECUTE THE CEBA APPLICATION AND CEBA LOAN DOCUMENTS, IF APPROVED., OTHER 44. EXPLANATION/OTHER COMMENTS: CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Loan Program for Old Main Property and Business Owners Park'mg System Supervisor Cindy Steinhauser is recommending that the existing Downtown Rehabilitation Loan Program be amended to provide temporary assistance to Old Main property and business owners affected by the order to vacate the rear 30 feet of their properties due to cracks on the backs of their buildings. This program would be established to help affected owners meet monthly business ~xpenses, such as loans, leases, insurance and utility payments in an effort to prevent a potential business closure. While the fmal terms of the program have not been established, in general it would include interest-free loans with no principal payments for 180 days. I concur with the recommendation and respectfully request Mayor and City Council approval. Midhael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Parking System Supervisor CITY OF DUBUQUE, IOwA MEMORANDUM March 12, 2001 To: Mike Van Milligen, City Manager From: Cindy Steinhauser, Parking System Supervisor RE: Loan program for Old Main property and business owners Introduction The purpose of this memorandum is to request City Council approval for the creation of a special loan program for Old Main property and businesses owners affected by the order to vacate the rear 30 feet of their properties due to construction of the parking ramp. Back~round Rich Russell and I have been meeting on a weekly basis with Old Main property and businesses owners affected by the order to vacate property that was issued by the City of Dubuque on January 17, 2001. This order was issued to four properties along Main Street: The Silver Dollar, Corporate Express, Ellen's Floral and the Monte Cas'lo. The order significantly affected two businesses, the Silver Dollar and the Monte Carlo, as their kitchens and restroom facilities are located in the rear of the build'rags, thus preventing them from operating their businesses. At the March 9, 2001 property and business owner meeting the owner of the Silver Dollar indicated that he had exhausted all of his reserves and was trying to decide whether or not to file bankruptcy. All of the owners also indicated that their insurance policies do not cover business interruption or building damage claims. Discussion Immediately following the March 9 meeting, Barry Lindahl, Les Reddick and I discussed the possibility that assistance could be provided to the owners by- the City. Les indicated that he did not think that it would be a problem with the City's insurance were the City to establish a special loan program to assist the owners with business costs. This program would be established to help affected owner's meet monthly business expenses such as loan, lease, insurance and utility payments in an effort to prevent a potential business closure. The terms of the program have yet to be established, however, preliminary discussion have included an interest-free loan program, with no principal payments for 180 days. In reviewing the matter with Administrative Services Manager Pauline Joyce the source of funds for this loan program would come fi:om the Downtown Rehabilitation Loan Program. This is an existing loan program operated out of the Commuaity and Economic Development department. Currently there is over $900,000 in this program with $600,000 being requested by downtown businesses leaving a balance of $300,000 available. Finance Director Ken TelGppe has indicated that once the terms of this program are established, it can be administered through the City's Finance department. Request The requested action is for City Council to direct city staff to develop a small business loan program to assist Old Main business and property owners affected by the order vacate. Cci Ken TeKippe, Finance Director Pauline Joyce, Administrative Services Manager Barry Lindahl, Corporation Counsel CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Mitligen, City Manager Mt. Carmel Sanitary Sewer Extension Public Works Director Mike Koch is recommending initiation of the bidding process for the Mt. Carmel Sanitary Sewer Extension Project, and that a public hearing be set for April 16, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel "Michael A. Koch, Public Works Director 'FI 'enbnqna CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Mt. Carmel Sanitary Sewer Extension INTRODUCTION The enclosed resolutions initiate the public bidding procedure for the extension of sanitary sewer to service the Mt. Carmel Street area. BACKGROUND The City held two informational and design meetings with the neighborhood on February 7 and February 20, 2001. City Engineering reviewed two possible alternatives to serve this area with sewer. One of the alternatives was a Iow-pressure sewer system. This system would be identical to that used on the Villa, Edina, and the upcoming Oak Street project. A Iow-pressure sanitary sewer system provides a cost-effective alternative to a gravity sanitary sewer. Due to the terrain and the elevation of homes in the area, deep rock cuts are needed to serve the area with a gravity sanitary sewer. These rock cuts escalate the cost of the gravity system to over $200,000 of the low-pressure system option. In addition, it was felt that due to the relative elevations of the buildings and the location of the sewer on Mt. Carmel, the area would sustain substantially less disruption to the trees and yards in this area with a Iow-pressure system. Due to the presence of rock, current location of present septic systems, and the floor elevations relative to the street, a gravity system would be cost- prohibitive. It is estimated that the overall project cost for a Iow-pressure sewer system should result in at least a 60 percent overall cost-savings. Construction of a Iow-pressure sewer system would eliminate the need for 8" diameter piping; the installation would include a small pumping station at each property, pumping sewage into the forcemain on Mt. Carmel. The City will need to secure easements from each property owner to install and maintain the pump stations and forcemain. Property owners would be responsible for connecting and w~nng their gravity service to their pump station. The City would own the pumps. This project was recently approved for the Fiscal Year 2002 Capital Improvement Program. We propose to bring this project to Council early to take advantage of the current bidding climate. Based on experience, maintenance costs for such units are approximately $30 annually. Since the City would own the pump, the City would be responsible for maintenance; however, this cost is justified by the initial front-end City savings for such a project. Annual energy consumption for such a system is approximately $10 per year; this cost will be borne by the property owners. To maintain the system in case of a pump failure, the City would have back-up units and would have local plumbers experienced in pump replacement. DISCUSSION The project provides for the extension of approximately 3,610 feet of 1- 1/4", 2", and 3" sanitary sewer forcemain pipe in the Mt. Carmel area as shown on the attached map. This extension provides for the service to 10 homes currently on septic system and 2 vacant lots. The project includes extension of 1-1/4" forcemain from each pumping station to the forcemain for each property assessed. The assessments are proposed at a rate of $118.68 per foot. This cost is a typical assessment cost due to the presence of rock, and the fact that connection to the City's system will be made near the septic system versus the property line. Upon completion of this project, property owners will be notified by the Health Services Department that they are required to connect to the sanitary sewer. They will be given up to a year to complete the connection, unless they have a septic tank, which meets the current Health Department regulations. In that case, they will receive up to a 15-year deferment. The cost of the lateral connection and wiring from the homes to the pumping station is the responsibility of the property owner. The schedule for the project will be as follows: Advertisement for Bids Notice of Hearing on Plans & Specifications Mail Notice to Property Owners Published Notice to Property Owners Receipt of Bids Public Hearing Award of Contract Completion March 23, 2001 March 30, 2001 March 30, 2001 March 30, 2001 April 6, 2001 April 5, 2001 April 16, 2001 April 16, 2001 September 28, 2001 RECOMMENDATION I would recommend that the City Council give preliminary approval of the Resolution of Necessity and establish April 16, 2001 as the date for the public hearing. Pursuant to new State of Iowa legislation regarding condemnation, City staff has mailed a Notice of Intent to acquire easements for the construction of the service laterals and pump stations for each respective lot where a pump is needed. This notice was mailed to the owners of the following properties: Lot Number Subdivision Lot 1-2-2-2-1-2,2-2-1-1 1-2-2 2-2-2 1-1-1-1-1-2-1 2-1-1-1-1-2-1 Lot 2, Sub. 1-1-2-1-1, Sub. 1-1-1-2-1 Sub. 1-1-2-1, Sub. 1-2-1-1 Sub. 2-1-1, Lot 2 Sub 1-2-1, Lot 2 Sub 2-2-1 2-1-1-1-1-1-1-5, 2-2-2-1 2-1-1-1-1-1-5 1&2, N 110' of 7, 1&2-14, 2-13, 2-S207' of 6, 1-2-8 Laurel Place Laurel Place Laurel Place Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Linhein's Subdivision & Mineral Lot 38 Linhein's Subdivision Linhein's Subdivision During the two informational meetings, the need to acquire easements from all property owners requiring a pump was discussed. Eminent domain proceedings will only be used as a last resort if easements cannot be acquired through the negotiation process. In order to keep the project on schedule, I would recommend that the City Council authorize the Corporation Counsel to institute eminent domain proceedings to acquire the above easements should negotiations fail. Negotiations will continue with the property owners, and eminent domain proceedings would be utilized only as a last resort. BUDGET IMPACT The estimate for the project is as follows: Construction Contract Contingency Engineering 9249,521.00 24,952.10 41,170.97 Total Project Cost 9315,644.07 The project will be funded as follows: City Share Connection Charge to Private Property Special Assessment to Private Property $150,528.65 25,205.70 139,929.72 Total Funding ~315,664.07 The total estimated City share for the project as outlined is $175,714.35. The Fiscal Year 2002 City appropriation for the project is $121,000. The unfunded balance of $54,714.35 will be funded from a Capital Improvement Project for Sanitary Sewer Extensions for New Developments with a current balance of $881,849. The City's new policy for the use of connection charges versus special assessment for non-benefit projects is also incorporated into this project. This policy, adopted by City Council as part of the Chicago Street project, avoids the difficulty of identifying special benefit to vacant properties and non-buildable lots. A connection fee is established in lieu of special assessments at the time of project construction and allows for the delay or elimination of payment for properties that do not benefit from the sanitary sewer project. When the use of a property changes, and a service connection is needed, the connection fee would be due at that time. The initial cost to the City for this policy is ~25,205.70, which will be credited as connection fees are paid. ACTION TO BE TAKEN The City Council is requested to authorize the City Clerk to advertise for proposals, give preliminary approval to the Resolution of Necessity, approve the preliminary assessment schedule, and establish the date of the public hearing through the adoption of the enclosed resolutions. MAK/vjd Prepared by Gus Psihoyos, Assistant City Engineer cc: Mary Rose Corrigan, Public Health Specialist \ NOT TO SCALE NORTH PURPOSE: CARMEL STREETI SANITARY SEWER I PROJECT VICINITY MAP EXHIBIT ¥ Prepared by: Gus Psihoyos, Assistant City Eedineer Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. __-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Mt. Carmel Sanitary Sewer Extension Project, in the estimated amount of $315,644.07, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this __ day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psiho¥os. Assistant City En.qineerAddress: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Mt. Carmel Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of Apdl, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this __ day of .,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Mt. Carmel Sanitary Sewer Extension Project. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the Mt. Carmel Sanitary Sewer Extension Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 16th day of April, 2001, in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD at (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2001. day of Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City EnpineerAddress: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Mt. Carmel Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the capital improvement project for the City share of special assessments, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this day of ,2001. Approved and placed on file for final action. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City En~lineer Address: 50 W. 13t" Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted as proposed by the City Council this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihovos, Assistant City En.qineerAddress: 50 W. 13~h Street, DubuqLre, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Mt. Carmel Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of April, 2001, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE TO PROPERTY OWNERS Notice is given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Dubuque, Iowa, for an improvement of the type(s) and in the location(s) as follows: Mt. Carmel Sanitary Sewer Extension Project This project provides for the extension of approximately 3,610 feet of 1-1/4", 2", and 3" sanitary sewer forcemain pipe in the Mt. Carmel area. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: Lot 1-2-2-2-1-2,2-2-1-1 1-2-2 2-2-2 1-1-1-1-1-2-1 2-1-1-1-1-2-1 Lot 2, Sub. 1-1-2-1-1, Sub. 1-1-1-2-1 Sub. 1-1-2-1, Sub. 1-2-1-1 Sub. 2-1-1, Lot 2 Sub 1-2-1, Lot 2 Sub 2-2-1 2-1-1-1-1-1-1-5, 2-2-2-1 2-1-1-1-1-1-5 1&2, N 110' of 7, 1&2-14, 2-13, 2-S207' of 6, 1-2-8 Laurel Place Laurel Place Laurel Place Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Linhein's Subdivision & Mineral Lot 38 Linhein's Subdivision Linhein's Subdivision The City Council will meet at 6:30 p.m. on the 16th day of April, 2001, at the Public Library Auditorium, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the City Clerk. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the ,2001. day of Jeanne F. Schneider City Clerk g Prepared by: Gus Psihoyos, Assistant City Enqineer Address: 50 W. 13~h Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Mt. Carmel Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this __ 2001. day of Terrance M. Duggan; Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City Engineer Address: 50 W. 13t~ Sb-eet, Dubuque, IA 5200%4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of March, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Mt. Carmel Sanitary Sewer Extension Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City Engineer Address: 50 W. 13t~ Street, Dubuque, IA 52001-486~ RESOLUTION NO, __-01 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE MT. CARMEL SANITARY SEWER EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Mt. Carmel Sanitary Sewer Extension Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been dully considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the day of, , next at 6:30 p.m. in , with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psiho¥os, Assistant City En~qineer Address: 50 W. 13~h Street, Dubuque, iA 52001-4864 RESOLUTION NO. -01 ORDERING BIDS NOW THEREFORE, B.E IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mt. Carmel Sanitary Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on 5th day of April, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of April, 2001. Passed, approved and adopted this __ day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psiho¥os, Assistant City Engineer Address: 50 W. 13t~ Street, Dubuque, IA 520014864 RESOLUTION NO. -01 A RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO BE INITIATED TO ACQUIRE SANITARY SEWER EASEMENTS FOR CONSTRUCTION OF THE OAK STREET SANITARY SEWER Whereas, the City of Dubuque has been negotiating with the owners of record for right-of-way necessary for the construction of the Mt. Carmel Sanitary Sewer Extension Project; and Whereas, the City of Dubuque finds and determines that eminent domain proceedings should be instituted to acquire the needed right-of-way if easements cannot be acquired through the negotiation process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of Dubuque, Iowa, for acquisition of the following lots or portions thereof if easements cannot be acquired through the negotiation process: Lot 1-2-2-2-1-2,2-2-1-1 1-2-2 2-2-2 1-1-1-1-1-2-1 2-1-1-1-1-2-1 Lot 2, Sub. 1-1-2-1-1, Sub. 1-1-1-2-1 Sub. 1-1-2-1, Sub. 1-2-1-1 Sub. 2-1-1, Lot 2 Sub 1-2-1, Lot 2 Sub 2-2-1 2-1-1-1-1-1-1-5, 2-2-2-1 2-1-1-1-1-1-6 1&2, N 110' of 7, 1&2-14, 2-13, 2-S207' of 6, 1-2-8 Laurel Place Laurel Place Laurel Place Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Mineral Lot 38 Linhein's Subdivision & Mineral Lot 38 Linhein's Subdivision Linhein's Subdivision And that Corporation Counsel proceedings forthwith for and negotiations fail. be directed to institute said eminent domain on behalf of the City of Dubuque, Iowa if Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings if negotiations fail. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sarfitary Sewer Reconstruction - Alley Between Rhomberg and Garfield, from Dock to Fengler Public Works Director Mike Koch is recommending initiation of the bidding process for the Sanitary Sewer Reconstruction Project in the Alley between Rhomberg and Garfield, from Dock to Fengler, and that a public hearing be set for April 16, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. MiChael C. Van Miltige'n MCVMJjh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director /~J/~-~ Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler INTRODUCTION The enclosed resolutions authorize the bidding procedure for the reconstruction of the sanitary sewer in the alley between Rhomberg and Garfield, from Dock to Fengler. DISCUSSION The existing 8"-diameter sanitary sewer in this alley was constructed in 1912. The sewer has been a source of periodic back-ups in the past several years. The pipe is extremely flat with areas of settlement, and requires frequent flushing by the sewer crews. The only solution to this problem is the reconstruction of the sewer to a larger 12"-diameter pipe to achieve the required capacity, given the flat slope of the sewer. The project provides for the construction of approximately 834 feet of sanitary sewer located in this alley. The project was recently approved for the Fiscal Year 2002 Capital Improvement Program. We propose to bring this project to Council early due to the recent historic number of backups into homes from this sewer line. The schedule for the project is as follows: Advertisement for Bids Notice of Public Hearing Receipt of Bids Public Hearing Award of Contract Completion March 23, 2001 March 30, 2001 April 5, 2001 April 16, 2001 April 16, 2001 September 28, 2001 RECOMMENDATION It is recommended that the City Council establish the date for the public hearing and authorize the City Clerk to advertise for proposals. BUDGET IMPACT The estimate for this project is: Construction Contract Contingency Engineering $120,255.05 12,025.50 19,842.08 Total Project Cost $152,122.63 The project will be funded with the Sanitary Sewer Construction Fund from a Fiscal Year 2002 appropriation in the amount of $126,500. The cost has escalated from the initial estimate due to the necessary increased pipe size, along with the extreme difficulty of excavation. The remaining unfunded balance of $25,662.63 will be covered by the Sanitary Sewer Reconstruction Fund for Sanitary Sewer Maintenance, which has a current balance of $60,463.13. ACTION REQUESTED The City Council is requested to establish the date of public hearing and to authorize the City Clerk to advertise for proposals through the adoption of the enclosed resolutions. MAK/vjd Prepared by Gus Psihoyos, Assistant City Engineer cc: Pauline Joyce, Administrative Services Manager John Klosterman, Operations & Maintenance Division SITE LOCATION MAP NOTTO SCALE NORTH CKERPER BLVD ;E: RHOMBERG - GARFIELD ALLEY DOCK TO FENGLER SANITARY SEWER RECONSTRUCTION PROJECT DUB~E EXHIBIT~ _Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler, in the estimated amount of $152,122.63, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this day of ., 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by; Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001~,864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16t~ day of April, 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 foror against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. ~assed, adopted and approved this day of ,2001. A~e~: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001~,864 NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 16th day of April, 2001, in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD at (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2001. day of Jeanne F. Schneider, City Clerk Prepared by: Michael A, Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of March, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 5~h day of April, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 16th day of April, 2001. Passed, adopted and approved this __ day of .,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Proposed Lease of Space to Telecorp Realty, LLC, for a Telecommunication Antenna Facility On the City's Elevated Water Tank at 1525 West Third Street Cable Franchise Administrator Merrill Crawford is recommending that a public hearing be set for April 2, 2001, to consider a lease of space to Telecorp Realty, LLC, for a telecommunications antenna facility on the City's elevated water tank at 1525 West Third Street. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Merrill Crawford, Cable Franchise Administrator CITY OF DUBUQUE, IOWA MEMORANDUM March 9, 2001 MEMO TO: Michael C. Van Milligen, City Manager FROM: Merrill Crawford, Cable Franchise Administrator'"-'~'~~ SUBJECT: Proposed Lease of Space to Telecorp Realty, LLC, for a Telecommunication Antenna Facility On The City's Elevated Water Tank at 1525 West Third Street INTRODUCTION: The purpose of this memorandum is to recommend that the City lease space on its water tank site W-2, located at 1525 West Third Street, and adjacent ground space, m Telecorp Realty, LLC, an Arlington, VA company, to support a wireless telecommunication antennae facility. BACKGROUND: Recent changes in technology and telecommunication law have rapidly accelerated the development of new wireless telecommunication services which are in heavy demand by business, industry, government, education, and individual consumers. Many of these services require networks of transmitting and receiving antennas communicating from specific locations at varying heights above the ground, mounted on towers, rooftops, tall structures, or natural high ground. These antenna arrays are usually accompanied by small buildings or other enclosures housing electronic equipment and served by power and other utilities. On January 4, 1999, the City Council enacted Ordinance No. 3-99 adding Section 4-9 to the Zoning Ordinance to establish regulations for the placement of towers and antennas within the City. The new ordinance encourages location of anteunas on existing towers and structures, accommodates towers in industrial zones, and promotes antenna siting solutions which do not result in new towers in residential and other more sensitive zones. In addition to reasonable land-use regulation, the City has implemented additional strategies for encouraging the introduction of new wireless telecommunication services and serwce providers while minimizing the negative impact of new towers and monopoles. A representatives of Telecorp Realty, LLC, a wireless telecommunications service provider, has proposed leasing space on the lower catwalk the City's elevated water tank at 1525 West Third St., (Site W-2) and adjacent ground space, to support communication antennae, cable, and an equipment cabinet as a part of a wireless network they are extending into the Dubuque area. Three other wireless telecommunications service providers, US Cellular, Nextel, and Iowa Wireless, currently operate similar facilities on the property in accordance with leases comparable to that proposed for Telecorp. Highlights of the Proposed Lease Telecorp would be permitted to attach a set of antennas to the existing lower catwalk which extends around the circumference of the tank, and to route transmission cables down a supporting leg to the ground. Telecorp would also install and maintain an equipment shelter on the ground to house transmission equipment, and would pay all utility costs associated with the operation. Antennas would be painted to match the water tower, and the placement and color of the equipment cabinet would be coordinated with the water tank and existing buildings. Additional arbor vitae would be planted along the inside of the security fence which separates the facility from the adjacent Cancer Survivors Park. Any future changes would be subject to City approval. Term of the lease would be 10 years, with three optional 5-year extensions. Telecorp ~vould pay to the City an annual rent beginning at $13,200 and escalated annually by the greater of 3 percent or the percentage increase of the CPl. In the nnlikely event of an early termination of the lease, the Lessee would pay an additional amount equal to 50 pement of the rent due for the year in which early termination occurred. In addition, the company would provide a performance bond in the amount of $10,000 during the full term of the lease in case costs were incurred by the City in removing abandoned antennas or equipment. Also, any wireless communication services the City of Dubuque chose to purchase from Telecorp would be at the most favorable rate given any of the company's similarly-situated customers. With the exception of the ten-year initial term, specific description of the premises and details of facility placement and attachment, the terms of this proposed lease are comparable to those of the other similarly-situated tenants on the property. Attached are a copy of the proposed lease and a resolution of intent to dispose of interest in the property. RECOMMENDED ACTION: The Recommended Action is that the proposed resolution and lease be placed on the agenda of the March 19, 2001 City Council meeting, to be set for a public hearing and final action on April 2, 2001. Cc: Bob Csreen, Water Department Manager Barry Lindahl, Corporation Counsel Tim O'Brien, Assistant City Attorney RESOLUTION NO. -01 A RESOLUTION OF TIlE CITY'S INTENT TO DISPOSE OF INTEREST IN PROPERTY DESCRIBED IN A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND TELECOP,~P REALTY, LLC FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION FACILITY. WHEREAS, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication services to its citizens, businesses, and institutions, while at the same time minim[zing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas, and WHEREAS, Telecorp Realty, LLC is the holder of a current Federal Communications Commission license to provide certa'm wireless telecommunication services for sale in and around the City of Dubuque, and WHEREAS, Telecorp Realty, LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infi:astmcmre by installing and operating a wireless telecommunication antennae facility on and near a water tower owned by the City of Dubuque, identified as site W-2, and located at 1525 West Third Street in Dubuque, and WHEREAS, the City of Dubuque desires to lease to Telecorp Realty, LLC certain space on the water tower site W-2 lower catwalk, along with adjacent ground space, for the purpose of installation and operation of a wireless telecommunication antenna facility, and WHEREAS, representatives of Telecorp Realty, LLC and of the City of Dubuque have negotiated terms for such a lease, a copy of which is attached hereto, which the City Council finds beneficial to the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of an interest in the property described in the proposed lease agreement with Telecorp Realty, LLC, under the conditions stipulated in the lease agreement. Section 2. That the City Clerk is hereby authorized and dkected to cause a notice to be published of the proposed lease agreement in the manner prescribed by law. PASSED, APPROVED, and ADOPTED this day of March, 2001. ATTEST: SIGNED: Jeanne Schneider, City Clerk Terrance L. Duggan, Mayor Site I.D. City: W-2 Tetecorp: DBQ284 WATER TANK & GROUND SPACE LEASE This Water Tank and Ground Space Lease (the "Lease") is made and entered into the __ day of ,2001, by and between THE CITY OF DUBUQUE, IOWA, acting by and through its City Manager, whose address is 50 W. 13th Street, Dubuque, IA 52001 -4845, hereinafter referred to as "Lessor", and hereinafter referred to as "Lessee". Background A. Lessor is the owner in fee simple of a parcel of land located in the City of Dubuque, Dubuque County, State of Iowa, legally described on the attached Exhibit A (the "Owned Premises), on which a water tower (the "Tower") is located. The su~eet address of the Owned Premises is 1525 West Third Street, Dubuque, IA 52001 B. Lessee desires to lease space on the lower catwalk of the Tower (the "Catwalk") and ground space below, or adjacent to, the Tower (the "Ground Space") for the installation and operation of a cellular radio-telephone communications antennae facility, which shall include directional antennae, an equipment building, connecting cables and appurtenances (collectively, "Wireless Telecommunication Antennae Facility) for use in connection with its communication business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. Agreement In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Lessor leases to Lessee and Lessee leases from Lessor a portion of the Owned Premises, consisting of (i) space on the lower Catwalk, (ii) sufficient Ground Space below, or adjacent to, the Tower to place its equipment building, and (iii) easements for ingress/egress and utilities as shown on the Site Plan/Legal Description attached as Exhibit B (collectively, the "Premises"). Lessee intends to locate its antennae on the Catwalk as more fully described on the attached Exhibit C. Lessee may not add additional equipment and/or antennae from that shown on Exhibit C without the prior written approval of the Lessor. Lessor reserves the right to require Lessee to relocate its antennae and equipment to other locations on the Catwalk if required in connection with the Lessor's actual use and maintenance of the tower or if the initial placement interferes with users which pre-date this lease. Lessee shall complete the relocation of its antennae, connecting cables and appurtenances within sixty (60) days after receiving written notice from Lessor. The relocation shall be at the Lessor's expense, and such expense shall be approved by Lessor prior to Lessee's relocation, If such relocation does not meet Lessee's RF requirements or interferes with Lessee's transmission, reception and operation of its communications system and uses incidental thereto, Lessee may terminate this Lease in accordance with Section 18 herein. This Lease is not a franchise pursuant to state, local, or federal law, nor is it a permit to use the rights-of-way. Any such franchise or permit must be obtained separately. 2. Term. The initial term of this Lease shall commence upon the award of the Building Permit by the City of Dubuque to Lessee for the Wireless Communication Antennae Facility (the Commencement Date) and end ten (10) years from the Commencement Date. Lessee shall have the option to renew this Lease for up to three (3) additional terms of five (5) years each. upon a continuation of all the same provisions hereof, by giving written notice to Lessor of Lessee's exercise of this option at least sixty (60) days before the expiration of the term then present at the ume of such notice. 3. Rent. a. Upon fulfillment of the Conditions Precedent listed in Section 16 herein and receipt of the Building Permit to construct the Wireless Telecommunications Antenna Facility, Lessee shall provide to the Lessor a Performance Bond in the amount of ten thousand dollars ($10,000). In addition to herein, Lessee shall pay to Lessor as annual rent for the Premises the sum of thirteen thousand two hundred dollars ($13,200) (the "Base Rent"). Lessee shall pay Lessor Base Rent for the first year on the Commencement Date, and for each year thereafter on the Anniversary of the Commencement Date, unless the Base Rent is abated pursuant to Section 17 herein. Base Rent shall be increased anmlally as described in Section (3)(c) herein. [ b. Lessee shall pay Lessor a late payment charge equal to five percent (5%) of the late payment for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. The Base Rent shall be increased annually effective as of each anniversary of the Commencement Date by three percent (3%) of the previous year's Base Rent or the percentage increase in the CPI over the CPI for the 12 months prior to the adjustment date. "CPI means the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84 = i00). If the CPI is converted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. d. If this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination. e. To the extent that Lessor desires to purchase cellular telephone service from Lessee, Lessee shall offer this service to Lessor at the most favorable rate and terms that Lessee then offers to any other person. 4. Use of Premises. a. Lessee shall use the Premises for the installation, operation, and maintenance of its Wireless Telecommunication Antennae Facility for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. Lessee may erect and operate twelve (12) panel-type directional antennae. Lessor may permit others to use other portions of the Catwalk or Owned Premises. b. Lessee shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Wireless Telecommunication Antennae Facility on the Premises. Lessor agrees to reasonably cooperate with Lessee in obtaining, at Lessee's expense (including reimbursement of Lessor's reasonable attorney and administrative fees, if any), any federal licenses and permits required for, or substantially required by, Lessee's use of the Premises. Co (1) The Wireless Telecommtmication Antennae Facility is agreed to be Lessee's p~rsonal property and shall never be considered fixtures to the real estate. Upon termination of the Lease, the Lessee shall remove the Wireless Telecommunication Antennae Facility and any underground improvements from the Promises within ninety (90) days. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Lessor or any of Lessor's assignees or lessees. If, however, Lessee requests permission to not remove all or a portion of the improvements, and Lessor consents to such non-removal, title to the affected improvements shall thereupon transfer to Lessor and the same thereafter shall be the sole and entire property of Lessor, and Lessee shall be relieved of its duty to otherwise remove same. (2) Upon removal of the improvements (or portions thereof) as provided in Section 4(c)(1) herein, Lessee shall restore the affected areas of the Premises to the conditions which existed prior to this Lease, reasonable wear and tear excepted. (3) All costs and expenses for the removal and restoration to be performed by Lessee pursuant to Section 4(c)(1), (2) herein shall be borne by Lessee, and Lessee shall hold Lessor harmless Prom any portion thereof. 5. Construction Standards. The directional antennae, equipment building, connecting cables and appurtenances of the Wireless Telecommunication Antennae Facility shall be installed on the Premises in a good and workmanlike manner without the attachment of any construction liens. Lessor reserves the right to require Lessee to paint the antennae in a manner consistent with the color of the Tower. 6. Installation of Equipment. a. Lessee shall have the right, at its sole cost and expense, to install, operate and maintain its Wireless Telecommunication Antennae Facility on the Premises, as described on Exhibit C, in accordance with good engineering practices and with all site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. b. Lessee's installation of such a Wireless Telecommunication Antennae Facility shall be done according to plans approved by Lessor, whose approval shall not be unreasonably withheld, delayed or conditioned. Any damage done to the Tower, the Catwalk and/or other structures during installation and/or operations shall be repaired or replaced immediately at Lessee's expense and to Lessor's reasonable satisfaction. In connection with the installation and operation of the Wireless Telecommunication Antennae Facility, Lessee shall not make any penetrations of walls or roof of the Tower without Lessor's prior written consent. c. Within thirty (30) days of the completion of the initial installation of the Wireless Telecommunication Antennae Facility, Lessee shall provide Lessor with as-built drawings of the Wireless Telecommunication Antennae Facility and the improvements installed on the Premises, which show the actual location of all equipment and improvements consistent with Exhibit C. Said drawings shall be accompanied by a complete inventory of the building and all equipment and antennae located on the Tower and Catwalk. 7. Equipment Upgrade. Lessee may update or replace the antennae from time to time with the prior written approval of Lessor, whose approval shall not be unreasonably withheld, conditioned or delayed, provided that the replacement antennae are not greater in number or size than the existing antennae and that any change in antennae locations on the Catwalk is approved in writing by the Lessor. Lessee shall submit to Lessor a proposal for any such replacement antennae and any supplemental materials for Lessor's evaluation. 8. Maintenance. a. Lessee shall, at its own expense, maintain the Premises and any equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to Lessor so as not to conflict with the use of, or other leasing, of the Catwalk or other portions of the Tower by Lessor. Lessee shall not interfere with the use of the Catwalk, the Tower, related facilities or other equipment of other lessees. b. Lessee shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, leasehold improvements, and directional antennae, equipment building, connecting cables, and appurtenances of the Wireless Telecommunication Antennae Facility, and Lessee shall keep the same in good repair and condition during the term of the Lease, and as such Lease terms may be renewed and extended. c. Lessee shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. d. In the event the Lessor or any other lessee undertakes painting, construction, repair or other alterations on the Catwalk or the Tower, Lessee shall take reasonable measures at Lessee's cost to cover Lessee's equipment, personal property, leasehold improvements, and directional antennae, equipment building, connecting cables, and appurtenances of the Wireless Telecommunication Antennae Facility and protect such from paint and debris fallout which may occur during the painting, construction or alteration process. Lessee shall notify Lessor at least thirty-five (35) days prior to any construction, painting, repair or alterations begun by Lessee to the Wireless Telecommunication Antennae Facility, the Catwalk or the Tower, unless such construction, painting, repair or alterations must be made on an emergency basis, in which case Lessee shall notify Lessor as soon as practicable. Lessor shall notify Lessee at least thirty (30) days prior to any construction, painting, repair or other alterations begun by Lessor or any other lessee, unless said construction, painting, repair or alterations must be made on an emergency basis, in which case Lessor shall notify Lessee as soon as practicable. Unless resulting from negligent actions or omissions of, or willful misconduct of, Lessor, its employees, agents or contractors, Lessor shall not be liable for any damage incurred by Lessee from such painting, construction, repair or alterations. Premises Access. a. Lessee shall have 24- hour/7-day access to the Premises by means reasonably designated by Lessor, subject to notice requirements to Lessor in Section 9(b) herein, in order to install, operate and maintain its Wireless Telecommunication Antennae Facility. b. Lessee shall have reasonable access to the Catwalk in order to install, operate and maintain its antennae, connecting cables, and appurtenances. Lessee shall have access to such Catwalk only with the prior written approval of Lessor. Lessee shall request access to the Catwalk twenty-four (24) hours in advance, except in an emergency. Lessee shall have unrestricted access to its equipment building without the requirement of supplying Lessor with prior written notice. c. Upon twenty-four (24) hours prior written notice to Lessee, and with an escort provided by Lessee, Lessor shall be allowed and granted access to Lessee's equipment building at reasonable times to examine and inspect the same for safety reasons or to ensure that the Lessee's covenants are being met. d. Lessor shall keep the street access to the Premises reasonably clear of snow and ice as soon as is practicable after each snowfall. 10. Utilities. Un/ess the Premises is immediately adjacent to public rights-of- way for ingress, egress, and utilities, Lessor hereby grants to Lessee the following described Easement Parcels appurtenant to the Premises: Use: Access. Width: 20'; Approximate length: as needed per survey between Premises and the public road known as West Third Street over traveled ways. Use: Utilities. Width: 10'; Approximate length: As needed per survey between the Premises and suitable utility company service connection points. Lessor agrees to make such direct grants of easement as the utility compames may require. Lessee shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 11. RF Interference a. Non-interference by Lessee. The Wireless Telecommunication Antennae Facility shall be installed and operated in a manner which does nor cause radio-frequency interference ("RF interference") to the operations of any Protected User. "Protected User" shall mean any existing user or lessee of the Premises listed on Exhibit D attached hereto, which Lessor hereby warrants to Lessee is an accurate listing of the frequencies, orientation, placement, height, location, and description of all existing antennae, transmitters, receivers, or other radio or electronic transmitting or receiving equipment located on the Premises. Lessee agrees to immediately cure any such RF interference caused to a Protected User by Lessee's equipment or. if such RF interference cannot immediately be cured, to temporarily reduce power or cease the offending operations, if so demanded by Lessor on the ground of RF interference, until a cure at full power is achieved. b. Non-interference by Lessor. Lessor covenants to use Lessor's best efforts to protect Lessee from RF interference caused or potentially caused by subsequent users or lessees of the Premises or changes in its use. Except for the Protected Users, Lessor, and its successors and assigns, shall notuse, allow or permit the Premises to be used in any manner which will materially impair the use of the Wireless Telecommunication Antennae Facility hereafter erected or located upon the Premises by Lessee or allow any use in any way as shall cause any destrnctive or conflicting interference with the radio, telephone, or communications signals to and from the facilities or equipment of Lessee. If any harmful RF interference shall result from any such transmitters, equipment; antennae, or dishes permitted on the Premises by Lessor, other than the Protected Users, to the facilities or equipment of Lessee installed on the Premises, then Lessor shall immediately cause such transmitter, equipment, antennae or dish to be discontinued from operation until such interference is eliminated. If Lessor cannot eliminate such RF interference, Lessee may terminate this Lease in accordance with Section 18 herein. 12. Monetary Default by Lessee. Lessee shall be in default of this Lease if Lessee fails to make payment of rent, or any other sums, when due and such failure cont'mues for ten (10) days after Lessor notifies Lessee in writing of such failure. 13. Non-monetary Default by Lessee. If Lessee fails to comply with any non- monetary provision of this Lease which Lessor claims to be a default hereof, Lessor shall serve written notice of such default upon Lessee, whereupon a grace period of 30 days shah commence to run during which Lessee shall undertake and diligently pursue a cure of the default. Such grace period shall automatically be extended for an additional 30 days, provided Lessee makes a good faith showing that efforts toward a cure are continuing. 14. Cure or Termination by Lessor. In the event of any default of this Lease by Lessee, the Lessor may at any time, after giving notice, cure the default for, and at the expense of the Lessee. If Lessor is compelled to pay, or elects to pay, any sum of money or incurs any expense, the sums or expenses so paid by Lessor, with all interest, costs, and damages, shall be deemed Additional Rent due from the Lessee to Lessor on the first day of the month following their payment by Lessor. In the event of default of this Lease by Lessee, of if Lessee loses its FCC license for any reason, including, but not limited to, non-renewal, expiration, or cancellation, Lessor shall have the right, at its option, in addition to and not exclusive of any other remedy Lessor may have by operation of law, without any further demand or notice, to re-enter the Premises and eject all persons therefrom, and terminate this Lease. Lessor shall give Lessee ninety (90) days notice of its exercise of its right of termination of this Lease. Such notice of termination shall be given Lessee in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All prepaid rent payments received by Lessor from Lessee shall be retained by Lessor. Upon such termination, this Lease shall become null and void and the part/es shall have no further obligations to each other. In the event of termination, Lessee shall remove the Wireless Telecommunication Antennae Facility in accordance with Section 4(c) hereof. Re-entry and taking of possession of the Premises by Lessor shall be construed as an election on Lessor's part to terminate this Lease. If termination occurs for any reason during the tenth year of the term, or during either of the three optional five-year extensions of the term, the mount of the Additional Rent due upon termination shall be zero. 15. Performance Bond. To secure the timely performance by Lessee of all terms, covenants and conditions of this lease, Lessee shall provide Lessor with a performance bond in an amount not less than ten thousand dollars ($10,000) in a form mutually satisfactory to the parties, and shall maintain said bond in effect during the term of this lease including any renewals. 16. Lessee's Conditions Precedent. This Lease and Lessee's obligations hereunder, including the obligations to pay rent, are expressly conditioned upon and subject to the following: a. Lessee must receive all necessary local, state, and federal governmental approvals relating to Lessee's intended use of the Premises; Lessor agrees to cooperate with Lessee in obtaining all such approvals; b. Lessee's technical reports must establish m Lessee's exclusive satisfaction that the Premises are capable of being suitably engineered to accomplish Lessee's intended use of the Premises; and c. Lessee's title insurer must determine that Lessor owns good and clear marketable title to the land underlying the Premises, and that such title is free from encumbrances and restrictions which would interfere with Lessee's intended use of the Premises or would impair Lessee's ability m pledge the leasehold estate as collateral to secure debt fmancing. 17. Abatement of Rent Pending Conditions. Lessee shall have no obligation to pay rent until all the Conditions Precedent have been satisfied or waived, and rent which would otherwise be due for the intervening time pending satisfaction of the Conditions Precedent is hereby excused and forgiven. 18. Option to Terminate. Lessee shall have the unilateral right to terminate this Lease at any time by giving written notice to Lessor of Lessee's exercise of this option. Upon such termination, Lessee shall remove the Wireless Telecommunication Antennae Facility in accordance with Section 4(c) herein. 19. Alteration, Damage or Destruction. If the Catwalk or any portion thereof is altered, damaged or destroyed, through no fault or negligence of Lessee, so as to materially hinder effective use of the Wireless Teleconununication Antennae Facility, Lessee may elect to terminate this Lease, without paying Additional Rent to Lessor, upon thirty (30) days written notice to Lessor. In such event, Lessee shall remove the Wireless Telecommunication Antennae Facility from the Premises in accordance with Section 4(c), less any alteration, damage or destruction hindering effective use of the Catwalk. This Lease and Lessee's obligations hereunder shall terminate upon Lessee's fulfillment of Section 4(c), at which time Lessee shall be entitled to reimbursement of any prepaid rent. 20. Condemnation. In the event the Owned Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Owned Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Lessee shall not be entitled to any portion of the reward paid for the taking and the Lessor shall receive full amount of such award. Lessee shall hereby expressly waive any right or claim to any portion thereof although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Lessor. Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business and any costs or expenses incurred by Lessee in moving/removing its equipment building, personal property, antennae, connecting cables, appurtenances, and other leasehold improvements. 21. Mutual Indemnification a. Lessee's Indemnification. Unless resulting from negligent actions or omissions of, or willful misconduct of, Lessor, its employees, agents or contractors, Lessee agrees to hold Lessor harmless, indemnify it, and, at Lessor's option, defend it from and against all liability, damages, losses, costs, causes of action, charges and expenses, including reasonable attorney fees, which Lessor may sustain, incur or be liable for arising out of or related to Lessee's use or occupancy of the Premises and its facilities. b. Lessor's Indemnification. Unless resulting from negligent actions or omissions of, or willful misconduct of, Lessee, its employees, agents or contractors, Lessor agrees to hold Lessee harmless and indemnify it, and, at Lessee's option, defend it from and against all liability, damages, losses, costs, causes of action, charges and expenses, including reasonable attorney fees, which Lessee may sustain, incur or be liable for arising out of or related to Lessor's use or occupancy of the property and buildings of which the Premises and the easement parcels are a part. Lessee and Lessor acknowledge, however, that each party may sustain substantial consequential damages if damage to the tower or the equipment on the premises or the access easement parcel occurs or its use is interrupted. Because of these substantial, potential damages, Lessee and Lessor covenant with each other that in no event and/or under no ckcumstances shall each party, or their officers, directors, members, or employees, be liable to each other or any other person or entity for consequential damages relating to or arising out of each other's use and/or occupancy of the premises or the access easement parcel, regardless of whether those consequential damages arise out of, relate to, or are caused by the other party's negligent actions or omissions. 22. Insurance: Lessee shall provide such insurance as is required by the Insurance Schedule attached hereto. 23. Environmental Warranty. Lessor hereby represents and warrants to Lessee that Lessor has never generated, stored, handled, or disposed of any hazardous waste or hazardous substance upon the Owned Premises, and that Lessor has no knowledge of such uses historically having been made of the Owned Premises or such substances historically having been introduced thereon. Lessee hereby represents and warrants that its use of the Premises herein will not generate or dispose of any hazardous substance on the Premises, and, with the exception of batteries, it will not store on or transport to, or over, the Premises any hazardous substance. Lessee further agrees to hold Lessor harmless from, and indemnify Lessor against, any release of any such hazardous substance and any damage, toss, expense or liability result'mg from such release including all attorneys' fees, costs and penalties incurred as a resuk thereof, except any release caused by the negligence of Lessor, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defmed or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or nde presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Lessor, its heirs, grantees, successors, and assigns shall indenmify, defend, reimburse and hold harmless Lessee from and against any and all environmental damages arising from the presence of Hazardous Materials upon, about or beneath the Leased Premises or migrating to or from the Leased Premises or arising in any manner whatsoever out of the violation of any Environmental Laws pertaining to the Leased Premised and any activities thereon, which conditions exist or existed prior to or at the time of the execution of this Lease or which may occur at any t'nne in the future through no fault of Lessee. Lessor's indemnification obligations hereunder shall survive the termination of this Lease. 24. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the Lessor, shall be construed to be a tenancy fi:om month to month at two (2) fanes the rents herein specified (prorated on a monthly basis) and shall otherwise be on the conditions herein specified, so far as applicable. 25. Subordination. Lessee agrees to subordinate this Lease to any mortgage or trust deed which may hereafter be placed on the Premises, provided such mortgagee or trustee thereunder shall ensure to Lessee the right to possession of the Premises and other rights granted to Lessee herein so long as Lessee is not in default beyond any applicable grace or cure period, such assurance to be in form reasonably satisfactory to Lessee. If requested by Lessee, Lessor agrees to use Lessor's best efforts to assist Lessee in obtaining from any holder of a security interest inthe land underlying the Premises a non-disturbance agreement in form reasonably satisfactory to Lessee. 26. Acceptance of Premises. By taking possession of the Premises, Lessee accepts the Premises in the condition existing as of the Commencement Date. Lessor makes no representation or warranty with respect to the condition of the Premises and Lessor shall not be liable for any latent or patent defect in the Premises. 27. Estoppel Certificate, Upon at least ten (10) days prior written notice from Lessor, Lessee shall deliver to Lessor a written statement certifying that (i) the Lease is unmodified and in full force, or if the Lease has been modified, that the Lease is in full force as modified and the modifications are then identified; (ii) the dates to which rent and other charges have been paid; (iii) so far as the certifying party knows, Lessor is not in default under any provisions of the Lease; and (iv) such other matters as Lessor may reasonably request. 28. Notices. All notices and correspondence shall be sent to the following: Lessor: City Manager Lessee: City ofDubuque 50W. 13thStreet Dubuque, IA 52001- 4845 General Counsel TeleCorp Realty, LLC 1010 North Glebe Rd, Suite 800 Arlington, VA 22201 29. Assignment of Lease by Lessee. This Lease and the Premises hereunder are assignable by the Lessee to the following: (i) any person or business entity which is a parent, subsidiary or affiliate of Lessee; (ii) any person or business entity which controls or is controlled by or under a common control with Lessee; (iii) any person or business entity which is merged or consolidated with Lessee; or (iv) any person or business entity which purchases a majority or controlling interest in the ownership or assets of Lessee. Any assignment of this Lease and the Premises hereunder by the Lessee shall not occur without the Lessor's consent, which consent shall not be unreasonably withheld, conditioned or delayed. Lessee' s right to effect an outright transfer of the Premises, and the right of any collateral assignee to seize the Premises as defaulted security, is subject only to the limitation that the Premises shall be used for the purposes permitted herein. Lessee shall notify Lessor in writing of the name and address of any assignee or collateral assignee. 30. Binding Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 31. Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes any prior tmderstandings or oral or written agreements between the parties respecting the within subject matter. 32. Modifications. This Lease may not be modified, except in writing signed by the party against whom such modification is sought to be enforced. 33. Attorney's fees. In any action on this Lease at law or in equity, the prevailing party shall be entitled to recover the reasonable costs of its successful case, including reasonable attorney's fees and costs of appeal 34. Non-Waiver. Failure of Lessor or Lessee to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or ro exercise any of its rights hereunder shall not waive such rights, but each party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by one party to the other after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 35. Property Taxes. a. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Wireless Teleconnmmication Antennae Facility. Lessor shall pay when due, or claim an appropriate exemption from, all real property taxes and all other fees and assessments attributable to the land underlying the Premises. However, Lessee shall pay, as Additional Rent, any increase in real property taxes levied against the Premises which is directly attributable to Lessee's use of the Premises, and Lessor agrees to furnish proof of such increase to Lessee. b. Lessor's requests to Lessee for contribution or reimbursement of property taxes should be addressed to USCeI1, P.O. Box 31369, Chicago, IL 60631-0369. All requests must be accompanied by a copy of Lessor's tax bill. Lessee shall comply with requests for contribution by issuing a check for Lessee's proportionate share made payable to the tax collector. Lessee shall comply with requests for reimbursement by issuing a check to Lessor, provided that a paid tax receipt accompanies such request. c. Lessee shall have the right, but not the obligation, to pay Lessor's real estate taxes on the underlying land if the same become delinquent, to ensure that Lessee's leasehold interest does not become extinguished. Lessee shall be entitled to take a credit against rent for the portion of Lessor's taxes which it was not Lessee's obligation to pay, as such amount shall reasonably be substantiated. 36. Headings. The headings of this Lease are for convenience only and shall not be considered as part of the Lease for purposes of construction of the terms and conditions hereof. 37. Miscellaneous. a. Lessor and Lessee represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease shall be construed in accordance with the laws of the State of Iowa. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 38. Quiet Enjoyment. Lessor warrants that Lessee is entitled access to the Property at all times and to the quiet possession of the Leases Premises throughont the Initial term and each Renewal term so long as Lessee is not in default of any term of this Lease beyond expiration of the cure period set forth in paragraph 12 above. END OF AGREEMENT (Signature Page Follows Next) Signature Page IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of the day and year first above written. Lessor: The City of Dubuque, Iowa By: Michael C. Van Milligen City Manager ATTEST: By: Jeanne F. Schneider City Clerk Lessee: TeleCorp Realty, LLC By: TeleCorp Communcations, Inc. Its: Managing Member By: Print Name: Title: Date: ACKNOWLEDGEMENTS STATE OF IOWA ) )SSi COUNTY OF DUBUQUE ) On this __ day of ,2001, before me a Notar~ Public in and for the State of Iowa, personally appeared Michael C. Van Milligen and Jeanne F. Schneider, to me personally known, who being duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of Dubuque, Iowa, a Municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal corporation by authority and resolution of its City Council and said City Manager and City Clerk acknowledged said instrument to be the free act and deed of said Municipal corporation by it and by them voluntarily executed. Notary Public My commission expires: EXHIBIT A Legal Description of the Owned Premises Lots 23 & 24 of the Finley Home Addition in Dubuque, Iowa EXHIBIT B Site Plan/Legal Description of The Premises 19 EXHIBIT C Equipment to be Placed on The Premises The following Equipment together with any associated wires, cables, pipes, related ancillary equipment and conduit attached thereto and supporting structares associated therewith shall be located on the Leased Premises. · Twelve (12) panel antennas measuring approximately 60" height x 6" width x 2.75" depth. · Nine (9) cables measuring 1 5/8". · Equipment cabinets on a support frame contained within Leased Premises. 20 EXI4rRIT D Protected Users of The Premises 1. The City of Dubuque, Iowa 2. Dubuque County, Iowa 3. Dubuque Cellular Telephone, L.P. 4. Nextel Parmers, 5. Iowa Wireless Communications INSURANCE SCHEDULE 1. 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 orA or better in the current Best's Rating Guide. 2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. 3. Lessee shall have its insurance agent or company certify in writ'mg that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. 4. Lessee shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law, and shall also furnish certificates of insurance from a all independent contractors or subcontractors hired by Lessee or any independent contractor or subcontractor, which certificates shall provide evidence of coverage for the following with limits not less than the following, or greater if required by law: 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 $2,000,000 $1,000.000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/products/completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days' wq:itten notice of change or cancellation. TELECORP REALTY LLC UNIvlANNED WIRELESS COMMUNICATION SITE DBQ284 N. W. CORNER OF COLLEGE & WEST 3m) STREET DUBUQUE, IA DUBUQUE COUNTY CO-LOCATION ON WATER TOWER TELECORP REALTY LLC 1010 NORTH GLEBE ROAD SUITE 800 ARL~GTON. V~LRGINA122201 MARCH, 2001 TELECORP REALTY LLC UNMANNED WIRELESS COMMUNICATION SITE ~Q284 N. W. CORNER OF COLLEGE & WEST 3Im STREET DUBUQUE, IA DUBUQUE COUNTY CO-LOCATION ON WATER TOWER Antenna Type: Panel Antenna Configuration: 3 Sector Radio Frequency Engineer: Ramin Badii Leasing Manage~. Paul Brown, (515) 707-7215 Or (319) 583-9141 Zoning Manager: Joseph Guyer, (515) 707-7213 or (319) 2774414 Construction Manager: Clark McQueen, (515) 707-7231 or (319) 277.. 4414 Water Tank Address: 1575 West Third Street, Dubuque, Iowa 52001 Jurisdiction: City of Dubuque County: Dubuque TELECORP REALTY LLC 1010 NORTH GLEBE ROAD SUITE 800 AR1,1NGTON, VIRGINAl 22201 MARCH, 2001 Site Photographs View of3ra Stre~ Wa~er Tm/k from tim Nor~l~ COMMENTS: View of 3~ Street Water Tank fi~om fl~e E~t. Site Photographs CO.~4ENTS: View o~ 3~ Street Water Tank from the SouOg COMtVIENTS: View of 3~ Street Water Tank from the West. Site Photographs CG.~NTS: Loogtng ~xom ~he 3~a S0:~¢ Wa~er Tank to ~ae Nortk COM1V~ L~ag germ t~ 3r~ $~reet W~ Tan~/o ~ ]/.~t. Site Photographs CO.~'i~S: L~o~l~g ~n~ ~ ~ Wa~c Tower go the West. Site Photographs (Access) COMMENTS: Lolling at tl~e Embrace of A~ee~ toward ~he ~4~ COMMENTS: Other Veador S~tez ~t 3~ Street Water Ta~k Microsoft TerraServer Image Page rage t et 2 MSN Home Hotmai! Web Search Shoppinq Money People&Chat ~ The #t Home-Suying Site on tbs Web+ Home Page Find Hames Rent F':na~ce Move improve TerraServer Image Info Fi.d 1 .......... Image Size: Small Medium Large . Sell Lifestyle Advanced Find Style: Relief Tope Image Contrj Free newsle~er sign-up Shop Search Help About Famous Places Print Download Locater Other Imagery: usgs _A¢__dal ~raph 17 A_pr t994 HomeAdvisor Links: ~[ Hemes for sale in 52001 Homes for sate in 5200,3 I~ $%hools, Crime an~d D~e_~mpqraphics for 52001 I~ ~choo!s, Crime an~d Demogr~aphice for 52003 En~ Afficl~: Dubuque, Iowa, United States 01 Jul 1978 Image courtesy of the US Geological Survey. OrigMetaTag = 'o42090d6' Center Lon,Lat= -90.6853g,42.49559 Running Time 30 ms Time 3/8/200 10:13:15 PM +,a~cercling ~o ~fle Gomeztm Summer 2000, Fall 2000 and Winter 2000/2001 lntemet Home Buying ScoreCardtm. Home Page Find Homes Rent Finance Move Improve Sell Ufestyle Shop Search Help Other Unks: Special Features: ' Macroso~t TerraS6rver ~ag6 Page rage t or z MSN Home Hotmail Web Search Shopping Money people & Chat Contri ~ The #1 Home-Buying Site on the Web* Free newsletter sign-up Home Page Find Homes Rent Finance .~vlove improve Sell IJfestyJe Shop Search He!p TerraServer Find ~ Advanced Find About Famous P!ac~ ][mage Znfo Zmage Size: Small r,~ediur~ Style: Relief Topo Print Download Large Image Locater Dubuque, Iowa, United States z? Apr Other Imagery: 013ul ~984 HomeAdvisor Links: ~ Homes for sste i0 52001 ~ Homes For sele in 52003 ~ Sch~oo_Is, Crime and_ Demoo~rs~hics Cot 5200:[ ~ S~ci3oots, Cdme Demo~hics for 5200~ En~ ~ubu~ ~ C' ' ' 'lOOM ~$r Of T ~ m I100yd Image courtesy of:the US Geological Survey. OngHetaTag = .209035fl3,~ Center Lon, L=t-- -g0.58415,42,4~647 Running Time 13 ms Time 3/: 3/13/2001 21:55:37 AI~4 +According to the Gornez~ Summer 2000, Fall 2000 and Winter 2000/2001 Internet Home Buying ~orecardtm. Home Page Find Homes Rent Finance Move Improve Sell Lifestyle Shop Search ~l~~ Other Links: Special Features: Help powenXo~.~e 24 HX Insl~lalion 401-703~20 3. Route the c~blo per fable. (1) C~b~,e~O C.~,~ 1 C~b~uel % (2) ~i~t~e 1~-20. T:~pe S L~.eup w~tb. "1~- o Powe.~T~ouse 24_1~C Cab~ets L~omi T~k.~ologies -- I~ml~iel~l~y ~ no,ce'on Fa:st l:~e Page Iot 1 COMMISSION Monday, Febm~ 4'00 p m Duouque Kegloml Dubuque A~ Se~ce Co~erence~ PRESENT: ABSENT: STAFF: GUESTS: MEDIA: 01. 02. Doug Brotherton, John Markham, and Jim O'Neill Rick Goodin and Teri Goodmann Ken Kraemer, Peggy Dickson, and Gordy Vetsch John Wilson (National Car Rental), Bob Saskowski (Avis Car Rental) Kevin Foley, Shane Snakenberg, and Tim Mac Arthur (University of Dubuque), Nick H/rsch (EAA), Peggy Kraus and Rose Hoerner (Dubuque Air Service) None APPROVAL OF MINUTES Jim O'Neill made a motion to approve the minutes of the 01/29/01 Airport Commission meeting. This motion was seconded by Doug Brotherton. AYES: All. NAYS: None. JANUARY 2000 AIRPORT STATISTICS REVIEW A. Revenue passenger enplanements: 1) American Eagle was up 33.68% for the first month of 2001 compared to the first month of 2000. (2) Northwest Airlink was down 8.09% for the first month of 2001 compared to the first month of 2000. (3) United Express was down 2.06% for the first month of 2001 compared to the first month of 2000. (4) Overall Airport totals were up 9.82% for the first month of 2001 compared to the first month of 2000. Page I F.'ISHARED[OLDSER VEI WP51 tDATA [PEGIFEB26CMS. DOC Printed: Wednesday, Feb~ary 28, 2001 at 3..40 pm Airport Commission Minutes February 26, 2001 Meeting Page 2 Aircraft Operations: Aircraft operations (takeoffs and landings) were up 12.83% for the first month of 2001 compared to the first month of 2000. Aviation Fuel Gallons Pumped: (1) 100LL AVGAS gallons pumped were up 5.67% for the first month of 2001 compared to the first month of 2000. (2) JET A Fuel gallons pumped were up 0.04% for the first month of 2001 compared to the first month of 2000. (3) Overall fuel gallons pumped were up 1.02% for the first months of 2001 compared to the first month of 2000. Jim O'Neill asked why the December takeoff and landings numbers were so low. Because of the inclement December weather many commercial flights were cancelled and other corporate travel was greatly reduced due to weather conditions. 03. JANUARY 2001 AIRPORT FINANCIAL REPORT AND ACCOUNTS RECEIVABLE AGING REPORT January Expenses should be at 58.88% of the ~nmlal budget, but actual airport operating expenses are at 64.71%. At this point, we are $127,292.57 OVER in expenses. Revenues should be at 58.88 % of the annual budget, but actual airport operating revenues are at 71.28%. At this point, we are $210~253.58 OVER in revenues. Being $127,292.57 OVER in expenses and $210,253.50 OVER in revenues brings us $82.961.01 AHEAD of o~erating budget oroiecfions for Fiscal Year 2001. F..ISHAREDIOLDSERVE1WP5]LDATA1PEGIFEB26CMS.DOC Page 2 Printed: Wednesday, February 28, 200] at 3.'40 pm Airport Commission Minutes February 26, 2001 Meeting Page 3 04. JANUARY 2001 FIXED BASE OPERATION FINANCIAL REPORTS The Commission commented on the profitability figures for January. They reflect the lower volume of business the FBO does during the winter months. The Commission also discussed the amount of fuel which Crescent Electric purchased since their hangar lease. The mount had increased significantly during February. The Commission also received the results of the FBO survey with all the comments. 05. DECEMBER 2000 AND JANUARY 2001 AIRPORT OPERATIONS AND 06. 07. MAINTENANCE REPORTS The Commission was advised that Bob was at a zoning meeting to review plans for a gas turbine generator which is to be located in TablemoUnd Township. This will operate on natural gas and located adjacent to an existing sub-station. The Airport concern would be the height and if the plume Would penetrate airspace for aircraft landing or taking off. None of the Commissioners had heard that Alliant was planning on constructing such a generator. Jim O'Neill thanked Bob Boleyn and Mark Smith for their help in assist'rog him in starting his vehicle on his return from a business trip. CONSTRUCTION UPDATE: RUNWAY 18/36 EXTENSION PROJECT (PHASE TFIREE) The project had been suspended for the winter and will reopen in the spring. CONSTRUCTION UPDATE: RUNWAY 18/36 EXTENSION PROJECT (PHASE FOUR) Ken Kraemer told the Commission that with the new construction this summer the airport will have a MALSR and localizer on both runways and a glide slope only on Runway 36. Page 3 F: ISHARED t OLDSER FEI WP51 IDATA lPEGIFEB26CMS. DOC Printed.. Wednesday, February 28, 2001 at 3.'40 pm Airport Commission Minutes February 26, 2001 Meeting Page 4 084 CONSTRUCTION UPDATE: EXTERIOR TERMINAL RENOVATION 09. (PHASE ONE) Ken told the Commission that some concerns about the conditions of the t-hangars that appeared in the survey would be taken care of with the $25,000 of roof repair that will be done on the hangars this summer. CONSTRUCTION UPDATE: AIRCRAFT T-HANGARS PROJECT) The Commission discussed the $25,000 still in the construction contingency. It has been Bob's recommendation that the money be used to pave additional area in order to facilitate the plowing by the new t-hangars. Doug Brotherton asked that it be discussed with the Commission as they may want to use the money for something else in rids project. 10. WILDLIFE HAZARD ISSUES 11. A USDA Wildlife Management staff is currently writing a report which will take 3-6 months with their recommendations. Their main recommendation for the fencing is currently being done, however, they may also recommend other measures which will impact the airport revenue, such as no crops inside the perimeter fencing. This report wilt also be sent to the FAA for their review. Until such time as the report is received this item will be removed from the agenda. CONSTRUCTION EASEMENTS FOR INSTRUMENT LANDING SYSTEM (ILS) 12. AND PRECISION APPROACH PATH INDICATION SYSTEMS (PAP1) John Mark_ham made a motion to approve the addendum which calls for the installation of new navigational facilities necessary to convert Runway 18/36 into the primary runway. This motion was seconded by Jim O'Neill. AYES: All. NAYS: None. TAXICAB AND LIMOUSINE AGREEMENT Starlight and Nite Star taxi/limousine operators have signed agreements similar to A-OK Yellow Cab for operating at the airport. Jim O'Neill made a motion to authorize the Chairman to sign the agreements. This motion was seconded by John Markham. AYES: Alt. NAYS: None. Page 4 F.'ISHAREDIOLDSER VEI WP5] [DATA IPEGIFEB26CMS.DOC Printed: Wednesday, February 28, 2001 at 3.'40 pm Airport Commission Minutes February 26, 2001 Meeting Page 5 14. 15. RENTAL CAR AGREENflgNTS The Commission discussed the car rental agreements. The length of the contract was decided at five years with an option for a five-year renewal with language to be included in the lease that at the option time, any Disadvantage Business Enterprise Concessionaire language that. may be in place at that time, be considered past of the lease and both agencies will have to follow the new concessionaire guidelines. Both Avis and National representatives said that they were aware of some possible DBE concessionaire rule changes and they would follow them when they became part of their contracts. John Markham made a motion to approve the new agreement with the above modifications. This motion was seconded by Jim O'Neill. Jim asked if the Commission should go with a ten years on such a new type of lease. Ken replied that the lease option had to be agreeable to both parties in order to exercise the option. AYES: All. NAYS: None. AIRPORT COMMISSION OBJECTIVES AND GOALS The Commission reviewed their Objectives and Goals as set out. There was discussion centering on two items that were not included, the ongoing relationship with the airline parmers and travel agents and secondly, the updating of all airport lease agreements. There also was a mission statement that could be added. Jim O'Neill made a motion to approve the goals with the addition of two additional items being added. This motion was seconded by JotmMarkham. AYES: All. NAYS: None. The Commission agreed to hold up for one month on distributing the list of goals, and Jim O'Neill will work on the mission statement which will be included. AIR SERVICE TASK FORCE REPORT Ken Kraemer reported the task force does not want to do a survey, however GDDC would insert two questions regarding the Airport into their monthly questions to CEO's. The quarterly CEO luncheons will be changed to yearly. John Markham remarked that the Commission was working on strategic alliances now with both GDDC and the Chamber of Commerce which was very good. Doug Brotherton will be making a presentation to the Chamber on March 16, 2001. Doug asked for any input from other Commission members for his presentation. Page 5 F.qSHARED I OLDSER FEI WP5J [DATA IPEGIFEB26CMS. DOC Printed: Wednesday, February 28, 2001 at 3.'40 pm Airport Commission Minutes February 26, 2001 Meeting Page 6 ¸16. Roy Boul had also talked with Doug after the February 15th budget meeting and suggested speaking with John Deere on the use or donation of a used forklift as much of the air cargo is for the John Deere plant. Doug said he will follow up this possibility. Ken talked about the upcoming changes in service by Great Lakes Aviation possibly in May. They will cease to be a United Express carrier and will code share and use the Great Lakes Aviation name. Also discussed was the trip to visit Northwest earlier in the day to discuss some upcoming schedule changes which will add an additional hour of travel to Minneapolis with the scheduled stop in Waterloo for two of the four daily flights. Thanks to Jim O'Neill and his talks with Brian Coutts of American Eagle in Chicago, the data flow has been restored. The Airport will continue to get daily flight information. American Eagle has also started a program with National Car Rental with a voucher program for a one way car rental to Dubuque when the flight has to cancel for reasons other than weather. This program has been announced in the GDDC program and will be in the Chamber newsletter. The three airlines have been offered a $10,000 advertising proposal in which they would have to match this amount in local advertising. American and Northwest have this u~uder consideration. United Express wanted to do an in-kind type of exchange. This will probably not be accepted. AIRPORT MANAGER'S UPDATE The Commission received sheet of 1999 versus 2000 enplanements for the ten commercial air service airports in Iowa. Nick Hirsch was present to ask that a small size memorial plaque be placed on one of the new t-hangars. EAA would pay for the plaque and making arrangements for any type of dedication. A motion was made by Jim O'Neill to approve the memorial plaque as discussed. This motion was seconded by John Markham. AYES: All. NAYS: None. Page 6 F: ISHARED IOLDSER VEl WP5] ~DATA 1PEGIFEB26CMS. DOC Printed: Wednesday, February 28, 2001 at 3:40 pm Airport Con,mission Minutes February 26, 2001 Meeting Page 7 University of Dubuque aviation professor, Kevin Foley, has assigned his management class to attend one Airport Commission meeting this semester. Kevin and two of Iris class were in attendance. Ken asked the Airport Commission for concurrence to teach one Aviation 1.aw class for Bill Bhnn at the University of Dubuque. The Commission said for one class, they had no problem. Ken Kraemer discussed his attending a course "Getting Th'mgs Done" seminar. The education and training budget is taken up for this year and next, it would be fiscal year 2003 to budget for that seminar. He asked the Commission to concur to overspend that line item by $2,000 if necessary to attend the seminar. The Commission asked him to wait until al/ Commissioners were present before making the decision as the seminar is held every month. There was discussion on the role the Airport Commission and the approval of travel. The question was if the City Manager should approve travel requests. In the past, the City Manager has never approved travel for the Airport. John Markham made a motion to have Airport travel approved by the City Manager. This motion was seconded by Jim O'Neill. AYES: O'Neill and Markham. NAYS: Brotherton. Motion passed. There was a discussion to clarify the order in which m have travel approved. Staff will take travel requests to the Airport Manager for approval, then it has to be approved by the Airport Chairperson, then it is forwarded to the City Manager. Doug questioned if the line item would be overdrawn if he should approve travel if the budget as a whole had a surplus. The Cmnmission agreed that if the entire budget was in good shape, he could approve going over on that line item, John Markham said in a conversation with Mike Van Milligen he asked if there was not sufficient time to get the City Manager's approval, if staff could travel. John said that it appears for the infrequent amount o£ times it would occur, it could be done. Ken discussed the trip to Washington, DC in May with the Chamber and asked if any Commissioners would like to go along. There was some discussion about all going at the stone time, however, the amount of time spent on Airport issues is limited to ordy a few minutes. The Commission agreed more time was needed to discuss Airport issues. The budget was discussed, those City Council members that attend, will need to take the expense from their travel budget. Ken suggested F:lSHAREDIOLDSERVEIWP5JUDATA1PEG1FEB26CMS.DOC Page 7 Primed: Wednesday, February 2& 200J at 3:40 pm Airport Commission Minutes February 26, 2001 Meeting Page 8 II. that he go along with the Chamber and the Commission. Jim O'Neill said that perhaps the Commission could chose depending on their schedule. The Airport has had the new telephone system installed. The airport is the first in the City and when the entire system is working we will have voice mail, and a more sophisticated messaging system for incoming calls. The currem airport automated attendant system has handled an average of 819 calls per week since it has been recommissioned. Northwest Airlink and United express have chosen to receive their transferred calls locally, while American Eagle has their calls forwarded to the/r toll free service center. Ken said he would be using one of the four part-time secretaries, Karin Nemec, to work upstairs as a part time secretary assigned to airport administration. Karin works 40 hours every two weeks, she will be increasing to 50 hours per week, working from 8:00 a.m. to 1:00 p.m. She will work in the FBO on Mondays. Her job title will remain as secretary. This will provide the airport manager support for air service task force data collection and analysis. The Commission had several questions about the change. Ken told the Commission that Karin would be available to assist both Peggy and Bob on projects. She will help work on purchase orders as well. There was some concern expressed by staff members about the deterioration of customer service at the FBO with the removal of one secretary. Jim O'Neill said he would be watching the results as he did not want the FBO service to deteriorate. The new e-mail system that was installed several weeks ago is still having problems. Bob Boleyn has been working with the county on the process requiring new addresses for all buildings within the county including the Airport. Staff is trying to coordinate this with the change in the area code and new e-mail addresses in order to mioimiTe the cost of reprinting all new stationary and business cards. Chuck Clayton has not given any indication if he intents to continue flight instruction. The Commission asked Ken to start exploring possibilities for someone to give flight instruction and aircraft rental. There has been some interest expressed by the University of Dubuque, but not officially. F:ISHAREDIOLDSERVEIWP51lDATAIPEGIFEB26CMS. DOC Page 8 Printed: Wednesday, February 28, 2001 at $:40 pm Airport Commission Minutes February 26, 2001 Meeting Page 9 Ken will have the evaluations of Bob Boleyn, Gordy Vetsch and Peggy Dickson completed by Wednesday, February 28th. The FAA Airport's Conference in Kansas City will be May 1st and 2nd. Kevin Foley was previously the pilot. Doug said he would consider attending and flying down. The City Council identified increasing the salaries of the professional staff members. The correspondence from Randy Peck outlining the increases was given to the Commission to review. The Commission also received a copy of the transcript of the U.S. Senate Commerce Committee field hearing on Air Service in Iowa from April 1999. Tom Baldwin represented the Dubuque Regional Airport. John Markham left the meeting during the above agenda item at 5:30 p.m. 13. CORRESPONDENCE The Commission had no comments. The meeting adjourned at 5:50 p.m. F.'ISHAREDIOLDSERVEIWP5]~DATAIPEGIFEB26CMS. DOC Page 9 Printed: Wednesday, February 28, 200] at 3:40 pm MINUTES OF CABLE COMMUNITY TELEPROGRAMMING COMMISSION MEETING MARCH 6, 2001 CITY HALL ANNEX CONFERENCE ROOM # 1 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 Ms. Tigges called the meeting to order at 5:34 P.M. 1. Acceptance of the Agenda. It was moved by Sr. Hoverman, seconded by Mr. Wanamaker, the agenda was accepted as published. 2. Approval of the Minutes of the February 6, 2001 Meeting. Upon a motion by Sr. Hoverman, seconded by Mr. Kohl, the Minutes of the February 6, 200'1 Commission meeting were approved as distributed. 3. Public Comment. Mr. Barefoot read excerpts from an e-mail message he had received from a former teacher in Dubuque who had moved to Seattle, and who was not impressed with the public access opportunities in that area. The teacher commended Jim for the access operation in Dubuque. 4. Promotion. Ms. Tigges has received the program schedule to place on the website and the Commission discussed topics for articles for a newsletter, including reviews of access programs currently a~ring, reminder of the ability to custom schedule and access program a~ring for a wewer as needed, and others. 5. Franchise Transfer to Mediacom. Mr. Crawford briefed the Commissioners on the information which has been received so far regarding Mediacom and AT & T's intent to sell its cable systems in Iowa, Illinois, Missouri, and Georgia. He answered Commissioner questions about the franchise transfer process and told them that the City of Dubuque would most likely cooperate with other affected communities in w gathering general information about Mediacom's financial, legal, and technical qualifications to operate the cable systems they propose to acquire. Access Equipment Expenditures and Disposal of Old Equipment. Mr. Barefoot told Commissioners that following a telephone conversation between Mr. Crawford and Jon Koebrick, it is apparent that the process of authorizing the purchase of access equipment is again moving forward and equipment should be purchased shortly. He also told Commissioners that Rex Lawrence of ECS in Davenport had visited the AT & T facility and had helped to identify which items of old equipment should be thrown away, which may be resold, etc. Due to the time and pending loss of a quorum, the Commission agreed to move to Item # 8, AT & T Broadband Report. AT & T Broadband Report. Mr. Barefoot distributed cop~es of his written report and highlighted items of access use for the month of February 2001. Cable Franchise Administrator Report. Mr. Crawford told Commissioners that other than the pending City Council final budget hearing at 6:30 P.M., he had nothing further to report. Cable Franchise Renewal. Mr. Crawford told Commissioners that the Cable TV Regulatory Commission would like to schedule a joint work session with the Teleprogramming Commission regarding needs for public, education and government access in the renewed franchise. The Commissioners discussed the prospect of holding such a work session at the AT & T studio facilities, perhaps with pizza, and perhaps with an open invitation to access users and other interested parties to come and share their opinions. Mr. Wanamaker left the meeting at 6:15 P.M. and a quorum was lost. MC/cj' CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 7, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Absent: Council Member Ann Michalski Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Parking Division, Finance Department, City Manager's Office, City Council, City Clerk and Legal Department budgets were presented and discussed. There being no further business, upon motion meeting adjourned at 7:15 p.m. Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 15, 2001 Council met in special session at 6:22 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by electronic means), Nicholson, Robbins, City Manager Michael Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Airport, Water Pollution Control Plant, Library and Building Services budgets were presented and discussed. There being no further business, upon motion meeting adjourned at 7:52 p.m. Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 21, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by telephone), Nicholson, Robbins, City Manager Michael Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Fiscal Year 2002 proposed budgets for the Civic Center Division, Recreation Division, Park Division, Information Services Department, and Cable TV Division were presented and discussed. There being no further business, upon motion meeting adjourned at 8:02 p.m. Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 26, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Michalski (by telephone}, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets and to conduct a public hearing on the expenditure of Community Development Block Grant Funds. The Community and Economic Development Department budget was presented. Mayor Pro- Tern Markham opened the public hearing on the Community Development Block Grant Funds; No one spoke on the CDBG budget. Rhodes Isenhart, 8908 Quail Ridge Court, spoke regarding the City's TIF Program and requested that it be recognized that all taxpayers in the County contribute toward this program, not only City residents. The proposed Fiscal Year 2002 budget for the Planning Services was then presented. Mary Lynn Neumeister, Chair of the Long Range Planning Commission, spoke in favor of funding for the Zoning Ordinance update. Terry Mozena, Chair of the Historic Preservation Commission, spoke in favor of funding for the full-time Historic Preservation Planner position. Mike Gibson, Loras College; Linda Herbst, Dubuque Main Street, Ltd.; and Paul Kirkegard, Old House Enthusiasts, all spoke in favor of adding this position. Dan LoBianco, Dubuque Main Street, Ltd., thanked the Council for funding of the Downtown Comprehensive Plan, and also stated his support for the Planner position. Council Member Buol stated that review of the Zoning Ordinance has been a priority since 1996 and possibly should be revisited at the next CounciJ goal setting session to determine if this is still a priority. Council Member Nicholson asked that this be brought back at the public hearing on the Fiscal Year 2002 budget to be voted upon. The Human Rights Department, Housing Services Department, and Water Department then proceeded with their budget presentations. At 8:13 p.m. Council went into Closed Session regarding property acquisition (Iowa Code Chapter 21.5(1 )(j). At 8:46 p.m. Council reconvened Special Session, There being no further business, upon motion meeting adjourned at 8:47 p.m. /s/Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 27, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Pro-Tern Nicholson, Council Members Buol, Cline, Michalski (by telephone), .Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan and Council Member John Markham Mayor Pro-Tern Nicholson read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Operations and Maintenance Department, Engineering Division and Transit Division budgets were presented. Steve Mosiman, 1000 Clarke Drive expressed concern as to when the steps between West Locust and Hodgden would be completed. Randy Lyon, 1915 Admiral; Greg Cigrand, 1865 Admiral; Mrs. Roland Avenarius, 2985 University all expressed concern about storm water drainage in that area of town. Purchase of Services -- The following Purchase of Service agencies were represented: Sue Czeshinski for the Convention and Visitors Bureau; Steve Jacobs for Project Concern (Information and Referral, Child Care Referral, and Foster Grandparent Program); Chuck Isenhart for the Dubuque Area Labor Management Council; Dan LoBianco for Dubuque Main Street, Ltd.; Rick Dickinson for Greater Dubuque Development Corporation; David Runyon for Helping Services of Northeast Iowa; and Myra Benzer and Linda Hathaway for Retired Senior Volunteer Program. There being no further business, upon motion meeting adjourned at 8:47 p.m. /s/Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 28, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by telephone), Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Emergency Communications Center, Emergency Management Office, Fire Department, Health Services Department and Police Department budgets were presented and reviewed. There being no further business, upon motion meeting adjourned at 7:49 p.m. Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, Monday, March 5, 2001 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Pro-Tern Markham, Council Members Buol, Cline, Michalski (by telephone), Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Mayor Duggan Mayor Pro-Tern Markham 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 propedy come before the Council. Invocation was given by Msgr. David Wheeler of St. Mary's Catholic Church. 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, upon motion received and filed. Proof of publication of Council Proceedings for 2/5 and 2/7, upon motion received and filed. Notice of Claims/Suits: Kevin Ament in estimated amount of $2,900.73 for vehicle damage; Ryan Foley in estimated amount of $700 for vehicle damage; Carol Fdedman in undetermined amount for personal injuries; James and Mary Kress in estimated amount of $2,580 for property damage; Bill Meyer in estimated amount of $102.29 for vehicle damage; Richard Michels in estimated amount of $314.98 for vehicle damage; Kada Schramm 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: 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 Cado Restaurant for loss of business; William A. Moore for vehicle damage; Nona Nigg for vehicle damage; Bdan 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, upon motion received and filed and concurred with disposition. Corporation Counsel recommending denial of the claim of Kathleen M. Kane for tire damage, upon motion received and filed and concurred with the recommendation. 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 $10.00 for property damage, and that the Finance Director be directed to issue the appropriate check, upon motion received and filed and authorize the Finance Director to issue the checks. Patdcia Ann Drive Extension: Communication from Lloyd S. Gudenkauf requesting final approval and acceptance of the Patricia Ann Drive extension project, upon motion received and filed and referred to the City Manager. Request to Purchase - Mechanics Lot 138: Communication from Robert Cartmill, 505 Napier Street, requesting to purchase Mechanics Lot 138 from the City of Dubuque, upon motion referred to the City Manager. 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, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed and concurred. 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, upon motion received and filed and concurred. Plastic Center, Inc. - Acceptance of Warranty Deed: Buol moved adoption of Resolution No. 77- 01 Accepting Warranty Deed for real estate in Dubuque County, Iowa from Plastic Center, Inc. Seconded by Nicholson. Motion carded 6-0. Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for March 19, 2001 for twelve businesses for underage tobacco sales, and communication of James M. Heckmann, representing the Midway Hotel, waiving the dght to a public headng and submitting payment in the amount of $300 in satisfaction of the maximum civil penalty that could be assessed at the headng, upon motion received and filed and set headng for 3/19/01. Seconded by Nicholson. Motion carded 6-0. 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 $100,000, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Buol moved adoption of Resolution No. 78-01 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. Seconded by Nicholson. Motion carded 6-0. 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, upon motion received and filed and approved agreement. 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, upon motion received and filed and approved recommendation. 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, upon motion received and filed. Buol moved adoption of Resolution No. 79-01 on acquisition or development for outdoor recreation. Seconded by Nicholson. Motion carded 6-0. Intemet 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, upon motion received and filed. Buol moved adoption of Resolution No. 80-01 Authorizing certain designated fiscal officers of the City of Dubuque to utilize Intemet Banking on behalf of the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Water Distribution Foreman, upon motion received and filed and resolved to make this a matter of record. Project Concern - Purchase of Service Agreement: City Manager recommending approval of an amendment to the Purchase of Service agreement with Project Concern, Inc., upon motion received and filed and concurred with recommendation. Business License Refund: Request of Mulgrew Oil Company for a refund of their beer and liquor license in the amount of $50.00, upon motion received and filed and approved request. Business Licenses: Buol moved adoption of Resolution No. 81-01 Granting issuance of a Class "C" Beer Permit to Big 10 Mart; Resolution No. 82-01 Granting issuance of a Class "B" (Hotel/Motel) BeedLiquor License to Days Inn; and a Class "C" (Commercial) Beer/Liquor License to Cue Master Billiards, Finney's Bar & Gdll, The Yardarm, and Galaxies. Seconded by Nicholson. Motion carded 6-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. 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 Tschiggfde Excavating in the amount of $106,092, upon motion received and filed. Buol moved adoption of Resolution No. 83-01 Adopting plans and specifications for the project; Resolution No. 84-01 Awarding contract to Tschiggfrie Excavating in the amount of $106,092; Resolution No. 85-0'1 With Respect to the adoption of the Resolution of Necessity proposed for the Oak Street Sanitary Sewer Extension Project. Seconded by Nicholson. Motion carded 6-0. Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): Proof of publication on notice of headng 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 Community Development Block Grant Annual Action Plan to provide for the allocation of unanticipated CDBG revenue to the rehabilitation of the Iowa Inn, upon motion received and filed. Attorney Robert Day for the Dubuque Landlords' Assn. spoke in opposition to this project and requested that Mayor Duggan excuse himself from voting. Dan LoBianco of Dubuque Main St. spoke in favor of the project and endorses MetroPlains. Terry Mozena of the Dubuque Histodc Preservation Comm. spoke in support. Scott Dalsing for himself and representing Premier Bank spoke in support of the development and loan. Terry Sullivan of the Dubuque Are Chamber of Commerce spoke in favor of the project and loan. Lou Koethe of the Dubuque Landlord Assn. spoke in opposition. John Walsh, as a private citizen, spoke in support of the project. Ordinance No. 13-01 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, 4 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 Nicholson. Motion carded 6-0. Buol moved adoption of Resolution No, 86-01 Approving Amendment #3 to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for Community Development Block Grant Funds. Seconded by Nicholson. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Final Plat - Block 3 of Oak Meadows Second Addition: City Manager recommending app, roval of the final plat of Block 3 of Oak Meadows Second Addition, upon motion received and filed, Buol moved adoption of Resolution No. 87-01 Approving the final plat of Block 3 of Oak Meadows Second Addition in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. 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. An Ordinance Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque, presented and read. Nicholson moved that this be considered the second reading of this Ordinance. Seconded by Michalski. Motion carried 6-0. City Assessor's Office: City Manager recommending that separate offices be maintained for the City Assessor and the County Assessor, upon motion received and filed and concurred with the recommendation. ITEMS TO BE SET FOR PUBLIC HEARING Leasing of Golf Cart: City Manager recommending approval of a lease between the City and Harris Golf Cars for forty golf carts, upon motion received and filed. Buol moved adoption of Resolution No. 88-01 Fixing Date of Headng on Golf Cart Lease Agreement and setting this Headng for 3/19/01 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 Robbins. Motion carded 6-0. There being no further business upon motion meeting adjourned at 7:16 P.M. ~'.,/~'eanne F. Schneider City Clerk It 3/14 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, March 6, 2001 Council Met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by telephone), Nicholson, Robbins, City Manager Michael Van Miliigen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose of conducting a Public Hearing on the Fiscal Year 2002 Budget and Five Year ~.~p,~l Improvement Program. Proofs of Publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2002 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2001 through the fiscal year ending June 30, 2006, communication from the Historical Preservation Commission and communication of the City Manager regarding the Fiscal Year 2002 Budget, upon motion received and filed. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Public input and discussion on departments in the following order: Parking Division - no comments; Finance Department - no comments; City Manager's Office - no comments; City Council - no comments; City Clerk's Office - no comments; Legal Department - no comments; Airport Department - no comments; Water Pollution Control - no comments; Library - no comments; Building Services Department - no comments; Civic Center - no comments; Recreation Division - no comments; Park Division - no comments; Information Services Department - no comments; Cable TV Division - no comments; Community/Economic Development Department - no comments; Planning Services Department - no comments; Housing Services Department - no comments; Human Rights Department - no comments; Water Department ~ no comments; Operations and Maintenance Department - no comments; Engineering Division - Steve Mosiman of 1000 Clarke Drive, Gary Hansen of 2186 Hogdgon Street, Ron Marfilius of 2154 Hogdgon and Don Marxen of 506 Clarke Drive spoke in favor of opening the Hogdgon Street Steps as soon as possible; Transit Division - no comments; Purchase of Services - no comments; Emergency Communications Center - no comments; Emergency Management - no comments; Fire Department - no comments; Health Department - no comments; and Police Department - no comments. Public input and discussion on the Five Year Capital Improvement Program - no comments. Upon motion the public hearing portion of the Budget was closed. C~ty Manager Van Milligen stated there might be savings from other City projects at the end of thb current fiscal year and that Council could look at replacing the Hogdgen Street Steps at that time. There was consensus by Council that this should be looked at. Council Member Nicholson asked that the consultant services for the update of the Zoning Ordinance be a priority in the Fiscal Year 2003 budget if that work is not accomplished by staff during the current year. Council Member Michalski stated she would like the Historic Preservation Planner position be seriously looked at and that staff be directed to work on funding possibilities and to develop a comprehensive job description. Markham moved adoption of Resolution No. 89-01 Adopting Annual Budget as amended for the Fiscal Year ending June 30, 2001, Resolution No. 90-01 Adopting Five Year Capital Improvement Program budget, Resolution No. 91-01 Adopting the Program Year 2001 (Fiscal Year 2002) Community Development Block Grant (CDBG) Budget; Seconded by Nichotson, Motion carried 7-0. Ordinance No. 14-00 Amending the City of Dubuque COde of Ordinances Section '!?.-83(a)(2) Establishing the schedule of sewer rates, and Section 44.83(a)(3)g. Establishing the minimum sewer charge; Ordinance No. 15-00 Amending the City of Dubuque Code of Ordinances Section 40-37 Paragraph (a) Establishing charges for the collection and disposal of solid waste and recyclable materials increasing the monthly fee from 87.44 per dwelling unit per month to 87.50; Ordinance No. 16-01 Amending City of Dubuque Code of Ordinances Section 2-21 Establishing the compensation of the Mayor and Council Members, 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 three OrdinanCes. Seconded by Nicholson. Motion carried 7-0. At 7:10 p.m. Council went into closed session regarding property acquisition (Iowa Code Chapter 21.5(1 )(j). At 7:12 p.m. Council reconvened the Special Session. There being no further business, upon motion meeting adjourned at 7:13 p.m. /s/Jeanne F. Schneider City Clerk It 3/12 2 MTNUTES SPECIAL SESSION Wednesday, February 14, 2001 4:00 p.m. Conference Room B, City Hall 50 W. 13th Street, Dubuque, Towa D FT PRESENT: Chairperson Terry Mozena; Commission Members Pam Bradford, Ken Kringle, Audrey Henson, Chris Wand, .lim Gibbs, and Suzanne Guinn; Staff Members Laura Carstens, Guy Hemenway and Wally Wernimont. Also present: County Supervisors Jim Waller, Donna Smith, Alan Manternach; Sheriff Leo Kennedy, Deputy Ken Runde; Dubuque County Historical Society representatives Jerry Enzler, Tacie Campbell, Alan Spensley, Chadie Glab; City Manager Michael Van Milligen, and Barney Bishop of Durrant Architects. ABSENT: None. AFF~DAVZT OF COMPLZANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the [owa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 4:07 p.m. Chairperson Mozena opened the meeting stating that this Was a joint work session of the Historic Preservation Commission and the Dubuque County Historical Society to review and comment on the Dubuque Law Enforcement Center's jail expansion project. Barney Bishop, project manager from Durrant Architects, reviewed the history of the expansion project. He discussed an alternative design that was examined and eliminated. Supervisor Jim Waller indicated that the Board was willing to look at changes to the design of the building exterior if such changes did not incur additional costs. Mr. Bishop reviewed the existing and proposed facades for the current law enforcement center building and the jail expansion structure. He reviewed a sedes of elevations and photos of the proposed structure. He noted that the building height is 21/2 stories, which he stated is similar to many of the structures along Central Avenue. Supervisor Smith noted that the new addition could be expanded by adding another level. Mr. Bishop stated that the proposed design was an attempt to "marry" the new facade with the existing facade. He stated there would be minimal breaks in the new facade, in an effort to cut costs. He stated that the entrance to the expansion would be on Central Avenue and would be recessed. He said this would be the new main entrance to the Law Enforcement Center. He stated that 8~ Street would be closed to traffic, but the alley between Central Avenue and Zowa Street would remain open. IVlinutes - Historic Preservation Commission Meeting February 14, 2001 Page 2 Chairperson Mozena asked if historic elements would be incorporated into the expansion to make it more in character with the surrounding historic properties. Mr. Bishop reviewed the design limitations on the facade due to restrictions inherent in creating a secure facility. He stated that the small windows are necessary for security reasons. He said he could possibly explore introducing Dubuque Stone as a design element into the building. Chairperson Mozena asked if the roofline could be modified to make it look more interesting. Commissioner Henson asked if designers had considered incorporating elements of the existing Dubuque Fire Headquarters into the expansion structure. Mr. Bishop stated that the intricate brickwork on Fire Headquarters would be costly and was therefore not deemed feasible. Jerry Enzler, Dubuque County Historical Society, asked at what point in the design process Durrant was. Mr. Bishop stated that he was approximately 10 days from producing the schematic design, which would be submitted to the Board Of Supervisors and the Shedff's Department. He stated that the next stage would be design development. Mr. Enzler asked if costs were fairly well established. Mr. Bishop stated that costs for the exterior facade were well established; however, the interior design costs were not fully established. Mr. Enzler asked if the design options could be provided as altematives for the bids. Mr. Bishop stated this would be possible if it did not involve an excessive number of drawings for various options. Alan Spensley, Dubuque County Historical Society, asked if there was a great variation in cost between brick and stone. Mr. Bishop stated that it depended on the amount of stone and where it was placed on the building as to what kind of cost would be incurred. Nr. Bishop said that he would have to develop cost estimates for various stone design alternatives. Mr. Enzler stated that through the design process, there was an opportunity to define the presence of this large building, which will be as large as a football field directly across from the County Courthouse and the Old Jail. He said these buildings are Dubuque landmarks. Mr. Glab asked if the design incorporated a different color brick along the Central Avenue facade, or if the drawing represented relief in the brickwork. Hr. Bishop noted that this was not an actual color change but was intended to show relief on the building, which he said is not currently part of the proposed design. Charlie Glab said that he was speaking as a representative for the Dubuque County Historical Society. Mr. Glab stated he felt the design was appropriate and that it would not be advisable to try to replicate or duplicate the Old Jail or Courthouse across the street. He suggested that some changes could be made to the primary street facade through the use of color, relief and limestone accents. He said that these elements, if used as part of a grid, along with window fenestrations, could create a flow or rhythm to the building that would break up the long horizontal wall. He said that some simple elements could be added to the edge of the cornices to add depth to the two-dimensional structure. He said that this building serves a utilitarian purpose and was not intended to become an architectural masterpiece. Mr. Glab added that the emphasis on design elements should be on the primary facade along Central Avenue, consistent with the facades of historical commercial buildings. Mr. Bishop said he would consider Mr. Glab's suggestions. Minutes - Historic Preservation Commission Meeting February 14, 2001 Page 3 Commissioner Gibbs asked if the expansion area was flush with the existing structure. Mr. Bishop reviewed the site plan, the building footprint, and the location of the sally port for taw enforcement vehicle access. Tacie Campbell, Dubuque County Historical Society, asked if the setback for the proposed expansion would be the same as the existing histodc structure. Mr. Bishop stated that the building would be placed with the same setback as the existing Buettel Brothers building, which is doser to the street than the Law Enforcement Center. Commissioner Gibbs asked if there was any way to soften the building fa~;ade by bumping-out the sidewalk and adding landscaping, similar to the Dubuque Nuseum of Art. Mr. Bishop said this might be possible if the C~Ly was willing to eliminate metered parking on the street. Chairperson Mozena stated that it might be advantageous to eliminate parking in front of the entrance to the Law Enforcement Center and add landscaping. He stated that he felt the building's functionality was very important, and he suggested exploring different ways to soften the building and to break up its long monolithic fac~ade. Commissioner Wand suggested softening the building with landscaping and using a setback at the entrance to break up the long fa(;ade. He also agreed that changing the brick color would further enhance the appearance of the building. Mr. Bishop reviewed the potential for introduction of glass block on the alley side of the expansion. He stated that glass block would reflect the design and rhythm of the existing histodc buildings, which he said have an industrial-like quality. Supervisor Smith asked about the incorporation of skylights and windows into the structure. Nr. Bishop said it was difficult to use skylights or add many windows in a jail because of secudty concerns. Commissioner Guinn asked if designers had considered using a small piece of the existing Buettell building, such as a cornerstone, to mark the history of the site. Mr. Waller stated that there was no cornerstone for the building, and this had not been considered. Commissioner Wand stated it would be wise to document the building for historic record. He stated it might also be advantageous to remove what materials could be salvaged for historic purposes. Mr. Waller stated that he would defer to the demolition contractor regarding salvage materials. He said it was not part of the original demolition contract. Mr. Bishop stated that the building has some hazardous materials, which will be surveyed, documented and abated prior to the demolition. He said there might be a liability in allowing people to gain access to inventory and catalog the building. He stated the hazardous materials included PCBs from light ballasts in the florescent lighting, asbestos and lead-based paint. He stated that he was not certain whether these substances exceeded allowable levels. He said there are also some concerns about possible subsurface contamination from the adjacent gas station. Minutes - Historic Preservation Commission Meeting February 14, 2001 Page 4 Chairperson Mozena asked if the Supervisors had considered the cost of the hazardous material removal. He asked if it was possible this could exceed the cost for the entire project, and if so, how would the budget be adjusted. Hr. Bishop stated that demolition and hazardous materials abatement should not represent a large cost. Mr. Bishop itemized the following comments and suggestions from those in attendance: 1. Some relief in the building mass should be accommodated at the Central Avenue facade. Minimal corbelling of the masonry might be considered as a recall of the existing Law Enforcement Center. 2. Consider a change in either color of masonry or partial change from brick to Dubuque lime,tone. 3. Consider the use of a couple colors of brick, one for the main mass and one for the more subtle, to help relieve the mass. 4. Consider detailing at window and door surrounds that wilt break up the massing. 5. Consider detailing ornamentation at roof edge that caps the top of the masonry in a more historic nature. 6. Consider the introduction of trees and other planting areas along Central Avenue. ]:n part, this might include the elimination of one or more metered parking spaces to "open" up the front of the building. Barney Bishop will discuss the issue further with the City. Mr. Bishop said he would look at the various alternatives discussed by the group, estimate costs, and report the results to the Board of Supervisors. 3erry Enzler thanked the Board of Supervisors, the Historic Preservation Commission, City of Dubuque staff and Durrant Architects for the cooperative effort in this design review. Chairperson Ntozena echoed these sentiments. Supervisor Smith thanked the Historic Preservation Commission and the Dubuque County Historical Society for their leadership in historic preservation in the community. AD3OURNI~ENT: The meeting adjourned at 4:54 p.m. Respect-fully submitted, Guy Hemenway, Assistant Planner Adopted COPY Carnegie-Stout Public Library Board of Trustee's Meeting Minutes of Thursday, 3anuary 25, 2001 The Board of Trustees of the Carnegie-Stout Public Ubrary (C-SPL) met in the Library Board Room at 4:00 p.m., Thursday, ]anuary 25th, 2001. Present: Absent: President Kristen Smith; Vice-President Kevin Lynch; Board Secretary Hary Strom; Trustee ]ack Felderman; Trustee Sue Lindsay; Trustee Edmund Vandermillen; Library Director Thomas IVloran, and Recorder Denette Kellogg. Trustee Steve Augspurger 1. Smith called the meeUng to order at 4:01 p.m. "Moved to adopt the meedng agenda of January 25, 2001." Not]on: Strom Second: Lynch Vote: Aye - 6 Nay- 0 2. Ubrary Board of Trustees' Board minutes - "~oved to adopt the minutes of the Library Board of Trustee's meet/ng held December 14vi, 2000," Mob'on: Vanderm//len Second: Lynch Vote: Aye - 6 Nay- 0 Board Correspondence - Smith reviewed four patron comment cards with staff responses. Moran reported that he spoke in person with one patron in regard to the use of Public [nternet terminals and the Ubrary Internet Policy. Moran reported on a meeting held this A,M. with the Adult Services staff to discuss problems and concerns with use of the Ubrary's Public Intemet terminals, Lynch reported that he attended the meeting and reported on the on-going problems with Internet sign-up rules and enforcement of rules with problem patrons with some staff feeling threatened by specific patrons, Lynch reported that additional terminals are needed to meet the growing need by patrons, and if problems continue, that the Board evaluate the need for Ubrary security. Felderman asked that staff complete an incident report when required. The Board discussed options of adding software to monitor time use. Moran reported that the evaluation of software options is currently being reviewed. Libt~J Bqard~of Trustees . Miaut~.o}Ua~tia~ 25th, 2001 4. President's Report: Library Foundation Report - Smith reported on a letter dated January 18, 2001 to the Library Foundation providing possible projects for submission to the Dubuque Racing Association (DRA) for funding. Smith reported, on behalf of the Board, that she would contact the Foundation to report the need for additional Internet terminals. 5. Committee Reports: A. Relations Committee- Vandermillen: 1) Friends of the Library Report - Vandermillen reported on the January 9, 2001 meeting as follows; Jo Grabow has been appointed the President of the Friends, the Friends book sale areas located near the main entrance:and on the second floor are doing well, the Friends have approximately $8000 for library project funding with $3000 already earmarked. 2) Art Sub:Committee Meeting Report - Vandermillen reported on the January 18th meeting as follows: the Sub-Committee is focusing on the schedule{o implement plans for an art show scheduted in Apdl and May 2001 of local artist Dorothy Rossiter's works of art and for a private reception to be held Sunday, April 22, 2001. Vandermillen reported that the art works to be displayed would be borrowed from a few local business organizations. 3) 2001/2002 Departmental Review - Vandermillen reported that the initial planning stages of the departmental review as outlined by Moran's memo dated January 11, 2001. r4oran reported that a Review Committee would be formed within the next six months and asked if a Board member would be serving on the Committee. The Board agreed on the importance of Board member representation and Felderman volunteered to serve on the Committee beginning July 2001. Smith reported that four Board member's terms end July 1, 2001 and invited Board members to re-apply and/or to ask others who have the qualifications to serve on the Library Board to submit an application. City Proposed Salary Adjustments - Vandermillen reported on the City's proposal for salary adjustments for FY02 at 3% and FY03 at 2.5% with a .5% increase to 5.5% in wage differential on July 1, 2002. Moran reported that the proposal is scheduled to be reviewed by the City Council as part of the FY02 budget submission. -2- Library Board of Trustees Minutes of January 25th, 2001 "Noved to endorse the employee compensation recommendations as out#ned/n the City of Dubuque l~lemorandum dated January 10, 2001 from Randy Peck, Personnel I~anager to Non- Bargaining Unit Employees." Notion: Vandermillen Second: Felderman Vote: Aye - 5; Nay - 0 Vandermillen asked if the employee compensaUon recommendations cover cost of living and Horan responded that the wage plan includes cost of living increases. Felderman asked if staff has reviewed the plan and Moran responded that each staff member has received a personal letter regarding this issue. s) Review of Ubrary Administration Assistant .lob Description - Felderman reported on the reclassification request submitted to City Personnel. Felderman requested, the Board agreed, that Moran provide the Board with a written recommendaUon and supportive documents to the Relations Committee for review at the February meeting. "~loved to table "Review of Library Adm/n/siration Ass/stance Job Description" for review at the February 22, 2001 Ubrary Board of Tru~-tee's meeting." Nlotion: Felderman Second: Vandermillen Vote: Aye - 5; Nay - 0 6) Public Relations Report - iVloran reviewed the Ubrary's public relations staUstics since August 2000. The Board requested Nloran provide a list of media businesses and/or people that have promoted Ubrary acUviUes this past quarter and provide a draft letter of appreciaUon to these businesses for Library Board review. B. Operations Committee- Lynch: l) Expenditure and Financial Reports December 2000 (FY01) - Lynch reported that expenditures are up slightly with revenue down slightly. Moran reported that the automated debit card system once installed would allow for control of patron pdnUng charges, which should increase revenue. -3- Library Board of Trustees Minutes of January 25th, 2001 2) FY-2002 Budget Submission Report - Lynch reviewed the Improvement Package submission recommendations from the City Manager. Moran reported that six out of ten projects submitted have been recommended. The Board reported on the importance of expanding the volunteer program, one of the projects not funded. Moran reported on the need to request grant funds for the Library kiosk. 3) "Fast Track Self-Check" Machine Update - Lynch reported that Moran is working with City Attorney Barry Lindahl regarding this issue. Moran reported that a letter was sent out this week to Vernon Library Supplies requesting a full refund. 4) Technology Committee Report - Lynch reported on the January 4, 2001 meeting as follows; development of Request for Proposal (RFP) for the Dynix System Upgrade,. increasing the number of public Interoet terminals, schedule of new equipment and software installation. C. Planning Committee - Strom: 1) Review of Personnel Manual Chapters 13 & Chapter 14 - Strom reviewed the proposed changes to Chapter 13 - Special Paid Leavesand Chapter 14 - Leaves Without Pay and in particular the revisions tothe Military Leave sections. '~oved to approve Chapter 13, Special Paid Leaves, and Chapter 14, Leaves Without Pay of the Library Personnel Planua/ as revised. ~ Notion: Felderman Second: Vandermillen Vote: Aye - 6; Nay- 0 2) Initial Interview Selection of Potential Architects for Library Renovation Project - Strom reviewed the list of potential architects who responded to the project's RFP. The Board members agreed to each select and submit a priority list of four architects to Library Administration by February 12th for rewew by the Planning Committee who will compile the top four selections for the interview process. Strom asked that the Planning Committee meeting scheduled for February 7th be rescheduled for February I4m. Strom reported on the need that exists for outreach of Library service in the community through kiosks, library branch, book drops, etc. Felderman reported on the' Long Range Planning process evaluating the need for outreach and the need to fully utilize the -4- Library Board of Trustees Minutes of January 25th, 2001 Library's current building space. The Board reported its commitment to evaluating the community need for Library outreach services and to utilize the current space available more effectively. 6. Director's Report: Statistical/Service report for December 2000 - Moran reported an increase in Circulation, with leveling off in Internet Usage and Reference inquiries, and a slight decrease in gate count. Moran reported on Children's program numbers being down due perhaps to fewer programs offered in December while a staff member was out on maternity leave in that activity. Program Update - Moran reported that Winter Programming in the Children's activity began last week and that he is scheduled to meet with the Chiidren's Coordinator to plan for additional evening and weekend programming. Moran reported that he continues to work with the Dyersvilte Public Library in offering Library programming funded through a cooperative Grant by the State Library. Gm City/County. Task Fome Update - Moran reported that the Cascade Public Library has decided to not charge non-resident patrons for a Library card. The Board agreed that Moran should continue to work on a standardized contract for the County Ubraries to utilize. 7. Communications/Public Comment: · Moran reported that he attended the Ubrary Legislative Day in Des Moines January 24, 2001 and gave an update on the Ubrary commission Plan for the future of regional libraries, a literacy program promoted by the First Lady of Iowa, and on funding of "Access" programs within the State. · Moran reported that he has been awarded re-accreditation in his field from the State of Iowa. 8. "Plot~on to adjourn." Plot~on: Felderman Second: Lindsay Vote: Aye-6; Nay- O The Board adjourned at 5:45 p.m. Hary Strom~/Board Secretary -5- PRESENT: ABSENT: MINUTES JOINT CITY/COUNTY PLANNING COMMITTEE LONG RANGE PLANNING ADVISORY COMMISSION February 26, 2001 DP~FT 11:30 A.M. Conference Room B, City Hall 50 W. 13th Street, Dubuque, iowa Committee Members: Mary Lynn Neumeister, Anna O'Shea, Dave Rusk and Jim Gonyier; Guests: Dr. Charles Winterwood, Linda Lucy and Janet Bush; Staff Members: Laura Carstens and Lisa Sesterhenn. Committee Members: Gordon Mills and Mike Portzen. CALL TO ORDER: The meeting was called to order at 11:45 a.m. CERTIFICATION OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES: Motion by O'Shea, seconded by Gonyier to approve the minutes of January 22, 2001 passed unanimously. ITEMS FROM COMMITTEE: Educational Summary Gonyier presented a handout summarizing the educational workshop held on January 18, 2001. He requested comments from the Committee by March 5, 2001. After incorporating any comments, the Committee agreed to distribute the summary to everyone on the original invitation list. ITEMS FROM PUBLIC: Tour de Spraw/Presentation by local Sierra Club and League of Women Voters Representatives Following introductions, the representatives presented an overview of the proposed Tour de Sprawl to be held in Dubuque. The date is tentatively set for the morning of May 19, 2001. The tour would start at the Welcome Center, stop at the Iowa Inn and then proceed out to the City of Asbury, the Northwest Arterial, Timberline Golf Course and the Swiss Valley area. The tour woutd end with lunch and speaker presentations. The work of the Joint City/County Planning Committee could be presented at the lunch. After a discussion, consensus was that the Committee endorse and support the education process with City Council approval. ACTION ITEMS: Joint City/County Planning Membership and Meeting Schedule Carstens reviewed the draft letter to the Mayor and City Council requesting a representative from the Council on the Committee. Consensus was that the letter should request the Mayor or his designee as the representative. A similar letter Minutes - Joint City/County Planning February 26, 2001 Page 2 should be sent to the Board of Supervisors requesting the Chairperson or his designee. Review Draft 28E Aqreement The Committee reviewed the draft 28E Agreement which is a shell of the agreement that could be used between the City and the County. After a discussion, it was agreed that the next step for fringe area planning is to review and analyze the following maps: 2. 3. 4. 5. 6. DMATS Urbanized Area Proposed Annexation Areas Proposed Utility Expansion Areas DMATS Planned Roadway Improvements Fringe Area Zoning Map County Land Use Map In addition, O'Shea will provide a shorthand explanation of County zoning and rural design standards. The City will also provide its design standards. Review Fringe Area Zoninq Map The Committee reviewed the fringe area zoning map prepared by City staff. It was agreed that the zoning categories should be collapsed to these 5 broader categories: Residential, Industrial, Commercial, Agricultural, and Flood Plain. City staff will also review the map to ensure that as much of the 2 mile fringe area as possible are mapped. ADJOURNMENT: The meeting was adjourned by Neumeister at 1:05 p.m. Respectfully submitted, Lisa Sesterhenn, Assistant Planner Adopted PARK AND RECREATION COMMISSION MEETING Tuesday, February 13, 2001 4:30 p.m., in the Third Floor Auditorium, Carnegie Stout Public Library PRESENT: ABSENT: Kim Daykin, Chuck Duggan, Paul Hoffmann, Karen Lyness and Tom Schrebilgen Tom Blocklinger and Mark Sullivan MINUTES APPROVED; VOTE: Staff present: Gil Spence, John Hail, Pat Prevenas, and Been Trimble It was moved by Lyness, seconded by Duggan, to approve the minutes of the January 9, 2001, meeting. The motion passed unanimously. BOY SCOUTS REQUEST TO WAIVE ENTRANCE FEE TO E.P.P.; VOTE: Nick Williams was present representing the Order of Arrow Lodge, to request that the entrance fee to Eagle Point Park be waived on Mother's Day, Sunday, May 13th, for anyone attending the boy scout pancake breakfast. In return, the scouts would do a service project at Eagle Point Park. It was moved b_~ Daykin, seconded by Lyness, to waive the entrance fee to Eagle Point Park on Mother's Day, May 13th, for anyone attending the Boy Scout pancake breakfast The motion passed unanimously. BUNKER HILL RENOVATION UPDATE: Leisure Services Manager Gil Spence updated commissioners on the renovation at Bunker Hill: The project is moving forward -- subcontractors are working steadily now; hope to have ready by Apdl 1st. Manager Spence, Recreation Division Manager Pat Prevenas, and golf pro have been meeting bi-weekly to get ready for the season. ¢' We cannot apply for beer or liquor licenses until building can be inspected. ¢' Basic items for the pro shop have been ordered; we will buy golf pro's inventory left from last year. ,/We are close to choosing a golf cart company -- probably sign a five-year lease for new Yamaha carts. The lease would be $23,000 per year, no buy out option. ¢' Golf pro shop workers will be required to wear a staff shirt and snack bar workers will have a different staff shirt. APPROVE GOLF PRO AGREEMENT: VOTE: Manager Spence has met with City Personnel Manager and Corporation Counsel and both have reviewed the golf agreement; a couple revisions were made. Originally, pro would have been required to work a minimum sixty hours per week and keep a time sheet -- we will not be able to do that. or the pro would be considered an employee. New to the agreement is the fact that the pro wilt be required to have his own liability insurance. February 13, 2001 page two Commissioner Schrobilgen asked about the pro teaching golf lessons - if we can't require him to work a minimum number of hours per week, can we control how much time he spends teaching lessons? Mr. Spence said we can not tell him how many hours to work but if we feel he is spending too much time doing lessons we can tell him to back off. It was left in the agreement that either the pro or assistant pro need to be present whenever course is open. Division Manager Prevenas has talked to management at Kennedy Mall. and some of the prizes for golf events will be certificates to the Mall. It was moved b~ Hoffmann, seconded b.b_y Lvness, to approve the Management Agreement for th.e. Bunker Hill Golf Course_ with G.M.S, Inc. (George Steohenson~. Motion oassed unanimously. SET RATES FOR OFF SEASON BUILDING RENTAL AND CART FEES; VOTE: Staff is recommending off season building rental of $100 based on what it would cost us to provide the room (staff costs). This rate does not take into consideration any bad weather in the winter which would cause overtime for snow removal. Staff is proposing cart rental fees remain the same as last summer -- $21.00 for eighteen holes and $13.00 for nine holes. It was moved b_.y Schrobitgen. seconded b_y Duggan, t_o aDprove the off season building rental fee of $100 and the golf cart rental fees of $21.00 for eighteen holes and $13.00 f__or nine holes. Motion oassed unanimously. PARK DIVISION REPORT: Park Division Manager John informed commissioners o,'* staff has spent more hours than normal on snow and ice removal this winter; *=o we have had more days open at the ice rinks than we have had in years; our policy is once we reach February 14th and we lose the ice, we do not go back and start flooding again: o:o staff is working on new tables and table repair and volunteers have started working in the greenhouse again; **** confined spaces training was held last week; o.'* employees certified for pesticide use are scheduled for training the first week in March; **'* a new full time maintenance worker was approved in the budget; will be used primarily for Highway 20; **** having a problem with some bad ice at certain areas in Washington and Jackson Parks and the Pennsylvania Avenue side of Flora Park; staff has put salt and sand down but it doesn't seem to be helping. RECREATION DIVISION REPORT: Recreation Division Manager Pat Prevenas told commissioners *:- ice rinks have only had a few nights without staff to open the warming house; some days there were no skaters at all, and the warming house attendant was the only one there; -:- open gym programs are running three nights during the OTHER BUSINESS: February 13. 2001 page three week and every weekend at St. Patrick's and three public elementary schools; *> we are using Hempstead swimming pool on Saturday morning and Wednesday evening for swim lessons and Sunday afternoons for public swimming; deep water exercise is being held at Clarke College; *:* after school basketball is being held at eight schools; *:* alumni and post season basketball tournament registrations are being accepted: *.** water playground projects are going to be re-bid with construction at both pools to be at the end of the 2001 season and available for use for the 2002 swim season. IPRA Conference: Mr. Spence reminded commissioners that the department is hosting the state park and recreation conference in March (brochures were mailed to commtssioners) and he encouraged them to attend the pizza luncheon at noon on Monday, March 26th and stay for the keynote speaker, Fred Engh, President of National Alliance for Youth Sports. Budget hearing: the department's budget hearing with the City Council is Wednesday, February 21st; dinner at 5:45 p.m. if you make a reservation. ADJOURN; VOTE: It was moved by Daykin, seconded by Schrobilgen, that the meeting be adjourned at 5:10 p.m. The motion passed unanimously. Chairperson Attest: f4INUTES ZONING BOARD OF AD3U~I'f4ENT REGULAR SESSION Thursday, February 22, 2001 4:00 p.m. Auditorium, Carnegie Stout Library 360 W. :[:1th Street, Dubuque, TOWa PRESENT: Chairperson Mike Ruden; Board Members Fred Beeler, Jim Urell, and Vicky Bechen; Staff Members Guy Hemenway and Kyle Kdtz. ABSENT: Board Member Bill Gasper. AFF~DAVl'I' OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the ]:owa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 4:00 p.m. DOCKET 96-00: Application of Ken Moore/Moore Land Development, for a special exception (tabled from the December 2:[, 2000 meeting) for property located at 4999, 4995 & 499:[ Twilight Drive and Lot :[0.20.255.005 (comer of Radford Road and Red Violet Drive) to erect a 7 foot high fence in the front yard (Radford Road), 4 feet high maximum permitted, in an R-1 Single-Family Residential zoning district and an R-3 Multi- Family Residential zoning district. Ken Moore, 2345 Sunny Slope Drive, stated that he hired a sign contractor to erect a fence along the rear property line of several lots, and was not aware of the four-foot height restriction. Mr. Moore reviewed the IocaUon of the fence, the fence materials, and noted the fence has been removed from the visibility triangle at the comer of Red Violet Drive and Radford Road at the request of the City. Staff Member Hemenway reviewed the staff report, noting the regulations associated with fencing on through- lots. He stated that he had received one inquiry from a neighbor regarding the fence. Motion by Bechen, seconded by Urell, to approve the special exception as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 04-0:[: Application of Kenneth Bichell/Merrill Toups for a conditional use permit for property located at 37:[-373 Bluff Street to allow a coffee shop in an OC Office Commercial zoning district. The Board decided to hear both the conditional use permit and variance request simultaneously, and vote on each separately. Ken Bichell stated that he antidpates a Iow volume of customer traffic for his businesses. He stated the building was previously occupied by the Take 5 Coffee Shop. He noted the other businesses he plans to establish in the building, stating there would be a beauty salon and pottery studio. Staff Member Hemenway reviewed both the conditional use permit and variance requests. He explained how U~e parking requirements were calculated, the size of the existing parking lot, and discussed the availability of on-street parking in the Cable Car Square area. The Board discussed the availability of parking in the Cable Car Square area, additional parking resources in the area, and parking demand during peak periods. Motion by Urell, seconded by 13echen, to approve the conditional use permit as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET O5-01: Application of Kenneth Bichell for a variance for property located at 371-373 Bluff Street to open three businesses with a demand for 18 parking spaces, where 10 spaces are provided, in an OC Office Commercial zoning district. Motion by Urell, seconded by Bechen, to approve the variance as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 07-01: Application of Robert Unk for a variance for property located at 180 Westside Court to build a 30' by 40' office addition, with an 8' front yard setback, where 20' is required, in an CS Commercial Service and Wholesale zoning district. Bob Link stated that he wants to add on to the front of his building for office space. Staff Member Kritz stated that Mr. Unk's business is at the end of the cul-de-sac on Westside Court. Mr. Link stated that he wants to move the main entrance to the north side of his building. Staff Member Kritz discussed the property layout, including access to the property and the internal configuration of the building. He stated the way the building plan was reconflgured afforded the best option for Mr. Link's expansion. Motion by Bechen, seconded by Urell, to approve the variance as submitted, Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 08~O~.: Application of Rod Chdst for a conditional use permit for property located at 4031 Pennsylvania Avenue to allow a 32-seat restaurant with 3 employees in a C-2c Neighborhood Shopping Center (with conditions) zoning district. The Board decided to hear the condiUonal use permit request and the parking vadance simultaneously, and vote separately on each request. Minutes, zoning Board of Adjustment February 22, 2001 Page 3 Rod Christ ouUined his request, asking the Board to approve the addition of a restaurant to his existing video rental business. Mr. Christ stated that most of the parking demand for the restaurant business would be in the evenings, when the other businesses in the building would be closed. Amold Baker, 4836 Embassy Court, stated he felt there would be problems associated with allowing a restaurant in the area next to residential property. He stated he is concered that rubbish and vermin would proliferate in the area. Mr. Christ stated that delivery trucks will not be arriving late at night. He also stated that people frequenting the restaurant would not park at the rear of the building, but in front. He reviewed the other businesses in the building and their hours of operation, stating they are primarily open during the daytime. He stated that the food he serves will not be eaten in cars but mostly taken home or consumed at the restaurant. He stated that delivery of food and other materials will occur at the front of the building. Staff Member Hemenway reviewed both the conditional use permit and the variance request, noting how the parking requirements were established for the entire structure and for Mr. Christ's businesses. The Board reviewed the standards for granting a conditional use permit and found that the proposed use will comply with these standards. The Board also reviewed the proximity of single-family homes to the back of the commercial building and dumpster locations on the property. Motion by Urelt, seconded by Bechen, to approve the conditional use permit as requested. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 09-01: Application of Rod Christ for a variance for property located at 4031 Pennsylvania Avenue to allow a 32-seat resl~urant with 3 employees in a business complex with 59 off-street parking spaces, where 66 off-street parking spaces are required, C-2c Neighborhood Shopping Center (with conditions) zoning district. Motion by Urell, seconded by Bechen, to approve the parking variance request as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 10-01: Application of Andrew Mozena/Premier Bank for a variance for property located at 140 W. 9~' Street to install four wall-mounted signs, where three are permitted, in a C-5 Downtown Business zoning district. Andrew Mozena reviewed his request, stating that the previous owner of the building received a variance; however, with only three wall-mounted signs, customers approaching from 9th Street would have difficulty identifying the business. Ne also stated Minutes, Zoning Board of Adjustment February 22, 2001 Page 4 that large-scale buildings surrounding the bank screen it from view. He stated the existing freestanding sign would be removed if the variance request is approved. .lim Ureil excused himself from deliberations due to a conflict of interest. Staff Member Hemenway reviewed the former vadance granted for this property. He said that it allowed a total of :L22 square feet and four signs. He stated that the current request would reduce the total signage to 96 square feet on four wall-mounted signs, with no freestanding sign. He recommended that prior to installation of the wall-mounted sign, the freestanding sign be removed. The Board discussed the request noting that because the bank building is screened from view by the surrounding built environment, this property suffers a hardship. Motion by Bechen, seconded by Beeler, to.approve the request, with the conditions that the applicant be limited to 96 square feet of wall-mounted signage and that the freestanding monument sign be removed prior to installation of the wall-mounted signage. Motion was approved by the following vote: Aye - Bechen, Beeler and Ruden; Nay - None; Abstain: Urell. DOCKET ].l-O:l.: Application of Marcia Lawson/Holly Hill LLC for a special exception for property located at 909 W. 5'~ Street to convert a single-family residence to a duplex, with 5,000 square foot of lot area, where 6,000 square foot minimum is required, in an R- 2 Two-Family Residential zoning district. The Board decided to hear both the special exception and parking variance request simultaneously, and vote on each separately. Marcia Lawson explained her request to the Board, noting that she believes there is adequate on-street parking in this neighborhood. Ms. Lawson stated she converted the building back to a duplex and has been renting it as such since August of 2000. She stated that because the building was originally configured as a duplex, this is an appropriate request. Steve Kluesner, 886 W. 5m Street, stated that on-street parking is limited in the area. He said he objects to the addition of a unit at this location. He stated that many of the single-family residences in this area have been converted to multi-unit dwellings. Chad Johns, 866 W. 5t~ Street, spoke in opposition to the request, stating concerns regarding the lack of available on-street parking. Carla, 909 W. 5m Street, said she lives in the subject residence, and feels there is an adequate amount of available omstreet parking in the neighborhood. She submitted a petition with signatures from neighbors in support of her request. Minutes, Zoning Board of Adjustment February 22, 2001 Page 5 Steve Kluesner, 886 W. 5~, stated that parking in this area has not been real difficult during the daytime. Tony Fernandez, Asbury Road, spoke in support of the request, noting that several of the vehicles that are parked in the neighborhood have been stored long-term, and therefore are creating a parking problem. He stated that he does not have difficulty finding adequate parking when he visits the property. Staff Member Hemenway reviewed the history of the structure and the loss of the grandfather status for the additional unit. He discussed the existing lot area. He ouUined the requirement for a parking variance and the availability of on-street parking in the neighborhood. The Board reviewed the status of on-street parking in the neighborhood and determined the applicant did not have the ability to add off-street parking on the property. The Board discussed the lot size and felt there Was adequate recreational area for the duplex. Motion by Urell, seconded by Bechen, to approve the special exception request as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET ~L2-O].: Application of Marcia Lawson/Holly Hill LLC for a variance for property located at 909 W. 5~ Street to convert a single-family residence to a duplex, with a deficit of 2 off-street parking spaces, in an R-2 Two-Family Residential zoning district. Motion by Urell, seconded by Beeler, to approve the variance request as submitted. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay - None. DOCKET 06-01: Application of Medical Associates Realty/HSR Associates, Tnc. for a conditional use permit for Lot :1.0, northeast comer of Medical Associates Campus to allow development of a senior housing campus induding assisted living, independent apartments and condominiums, in a PR Planned Residential zoning district. 3erry Bourquin, HSR Associates, Inc., stated he is working as the architect on the continuing care/assisted living/duplex facility. He stated that the property could be developed as any of the residential uses permitted in an R-3 Multi-Family Residential zoning district. He said that the elderly will generate little traffic during peak periods. He stated that the facility is a destination and would not generate through traffic. Mr. Borquin discussed the new conceptual development plan, which relocated the access for the facility to Aggie Street from the corner of Welu Drive and Marjorie Circle. He said that Aggie Street was originally designed for access to the bulk of the property. He said that Aggie Street or Welu Drive are the only options for access to this residential Minutes, Zoning Board of Adjustment February 22, 2001 Page 6 property. He said that if trucks have to visit the site, they could require the truck be limited in size and that HSR and Medical Associates would work within the constraints of the existing dty street pattern. He stated that the east end of Welu Drive is already zoned for multi-family residential development. He stated that the amount of traffic generated by this facility would be less than most multi-family or single-family developments would create. He stated that the elder care facility would generate approximately 275 vehicle trips per day and that other residential scenarios could generate upwards of 800 to 900 vehicle trips per day. He stated that the new configuration pulls the development back into the woods, and buffers the existing neighborhood. Bob Hartig, representing Medical Associates, discussed the original conceptual development plan for the area, which showed approximately 76 single-family residential lots. He discussed the evolution of the plan for the area from the original 28 acres to the current 10 acres of residential property. He discussed Medical Associates campus and how vehicle access currently is structured. He said that residential access to Medical Associates facility would conflict with the activity at Medical Associates and on the commercial out lots. Staff Member Kritz reviewed the new conceptual development plan, including the reconfigured Aggie Street access. Robert Klein, 3740 Welu Drive, stated that the new plan represents a significant change in access. He asked if the developer could guarantee that access to Medical Associates campus would not be permitted. Staff Member Kritz discussed the change in access from the original location at Marjorie Circle and Welu Drive to its new Aggie Street access. ,The Board discussed tabling the request stating it represents a significant change in access. Board Member Bechen stated she is concerned with semi traffic through the neighborhood to the new facility. Tom Barton, 1625 Donovan Drive, asked if neighbors were notified about the change in access. .]ames Holz, 1489 Marjode Circle, said that most of his neighbors that have been notified support the new proposal. He said that he wholeheartedly supports the new Aggie Street access, and said that he is concerned with the potential for intense residential development on this property if the eider care facility is denied. Carrie Leicht, 1514 Marjorie Circle, stated she has concerns with traffic safety, truck traffic and potential damage to city streets. She said that she will have to live with dirt, mud, hourly bus traffic and emergency vehicles if this fadlity is approved. She said these Minutes, Zoning Board of Adjustment February 22, 2001 Page 7 factors will decrease the value of her property. She feels that seniors will be active and generate potential traffic during peak periods. Dawn Cook, 1485 Lucy Drive, stated that she feels that if the neighbors had known the access had been shifted, that many more would have been here to speak regarding this issue. She stated that she does not like either access scenario, and asked if the property would have a secondary emergency fire access. She said she fears that the secondary access would eventually be used a cut-through. .lohn Leicht, 1514 Marjode Circle, said that Mr. Chuck Davis had to leave the meeting, but asked Mr. Leicht to state that he is not in favor of the proposed elder care facility. Mr. Lelcht said that the new development would create a proliferaUon of construction vehicles, which he feels will be dangerous in his neighborhood. He said that the addiUon of emergency vehicles, and other factors, will impact his property value. He stated it is bad to have a complex at the end of a neighborhood. Tom Barton, I625 Donovan, said that the Aggie Street access would be advantageous to him because of his location on Donovan Street. He said that, however, if he was living on Lucy Drive or Welu Drive, he would have additional concerns. He said for fairness, the folks along Welu Ddve and Lucy Drive should be notified of the changed access. ]erry Bourquin stated that the Aggie Street location is preferable because the City extended it for residential access. He said that either access would work for this project. He said that large truck or semi-traffic does not have to come to the facility. He said that single-family developments generate the same amount of emergency vehicle tdps as elderly facilities. Bob Hartig stated that either access would work for the facility. He outlined the amount of houses along each of the potential accesses to the facility, stating there is only a six home difference between all three accesses. He said that the elderly living at this facility are entiUed to build homes on this property, and have the same right to avail themselves of City services as all citizens of Dubuque. He stated that the construction traffic generated by the proposed elder care facility would taper off in approximately three years, where single-family construction could potentially have a ten year build out. Board Member Bechen asked if Medical Associates owns the land. Mr. Hartig stated that Medical Associates owns the land, but wishes to sell it, and will not be the developer or manager of the property. Board Member Bechen asked about the emergency access for Medical Associates. Staff Member Kdtz stated that if an ambulance is required to access the facility through the Medical Assodates campus it would increase the response time. .left Gonner, representing Medical Associates Clinics and Medical Associates Realty, said that the property is owned by Medical Associates-Realty, LP, which is a group of doctors and residents of the city of Dubuque. He said they are selectively marketing the property in an effort to attract a development that ~vill fit into the neighborhood. He said the IViinutes, Zoning Board of Adjustment February 22, 2001 Page 8 Board is in apg, sition to influence the development in this neighborhood, but that if the elder care facility is denied, and multi-family housing built, the Board would have no say so. Staff Member Kritz said that typically site plans are not distributed as part of the notification process. He explained the notification process. He ouUined the staff report discussing the odginal plat and a single-family lot configuration. He discussed Medical Associates campus and the emergency access to Donovan Drive. He stated the clinic and commercial area were always intended to be separated from the existing residential development to the north. He said that the 10-acre balance of the property was intended to be developed as residential properly. He stated that the subject property is next to existing R-3, which consists of single and two-family residences. He said that senior housing requires a conditional use permit because these facilities are often larger in scale and different in style from standard residential housing. He said that, if denied, he antidpates the area would be developed as a mix of single-family and duplex housing, which are popular, ai~d are already found along Welu Drive. He said that the senior traffic would be distributed throughout the day. The Board discussed construction and build out time of single-family and multi-family development versus the elderly facility. Board Member Bechen asked about potential damage to the streets from construction activity. Staff Member Kritz stated he would check with Engineering regarding the potential for damage to the streets because of construction. The Board discussed scheduling a special meeting to enable staff to renotify the neighbors regarding the change in access to Aggie Street. They asked staff to arrange a special meeting for Thursday, March 15. Motion by Urell, seconded by Bechen, to table the conditional use permit request. Motion was approved by the following vote: Aye - Bechen, Urell, Beeler and Ruden; Nay- None. MINUTES & NOTICES OF DECISION: The minutes of the January 25, 2001 meeting and Notices of Decision for Dockets 01-01, 02-01 and 03-01 were approved unanimously as submitted. AD]OURNr4ENT: The meeting adjourned at 6:30 p.m. Kyle L. Kritz, Associate Planner Adopted z CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Kenneth J. TeKippe, Finance Director ?~~2. Financial Reports March 8, 2001 Enclosed are the City of Dubuque Financial Reports for the month ending February 28, 2001. The reports included are: Consolidated Balance Sheet, Activity Revenue Status Report, and Department Expenditure Stares Report. KJT/MJM Gd/\ d03~ IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ASSOCIATES HOME EQUITY 06-1104540: SERVICES, iNC., : Plaintiff,: EQUITY NO. ~C_~ ~ : vs. : ORIGINAL NOTICE : MICHAEL S. BECKETT; : ~ THERESA L. BECKETT; CITY OF : ~' DUBUQUE, HOUSING SERVICES : C DEPARTMENT; H AND R ACCOUNTS; : ~- STATE OF IOWA and TRI-STATE : _~ ~ ADJUSTMENTS FREEPORT, INC., : ~ ce Defendants.: ~ TO THE ABOVE NAMED DEFENDANTS: ? z3 3 You are notified there is a petition now on file<in the office of the clerk of the above court. A copy of this filing is attached hereto. The Plaintiff's attorneys are Petosa, Petosa, Boecker & Nerviq, L.L.P., by Theodore R. Boecker, whose address is 1350 NW 138th Street, Suite 100, Clive, Iowa 50325-8308. The Plaintiff's attorney's phone number is (515) 222-9400, with a facsimile transmission number of (515) 222-9121. You must serve a motion or answer, within 20 days after service of this original notice upon you and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court of Dubuque County, at the county courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (If you are hearing impaired, Call Relay Iowa T~Y~--a~-~%~,~3~2~42). Clerk of the Above Court Dubuque County Courthouse Dubuque, Iowa 52004 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ASSOCIATES HOME EQUITY SERVICES, INC., VS. MICHAEL S. BECKETT; THERESA L. BECKETT; CITY OF DUBUQUE, HOUSING SERVICES DEPARTMENT; H AND R ACCOUNTS; STATE OF IOWA and TRI-STATE ADJUSTMENTS FREEPORT, INC., Defendants. 06-1104540: Plaintiff,: EQUITY NO. PETITION NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE POSSESSION OF THE MORTGAGED SALE WILL BE ENTITLED TO IMMEDIATE PROPERTY. YOU MAY PURCHASE AT THE SALE. The 1. That the Plaintiff, Inc., is a corporation with Plaintiff for cause of action states: Associates Home Equity Services, its principal place of business in the State of Texas. 2. That on or about May 10, 1999, Michael S. Beckett and Theresa L. Beckett made, executed and delivered to First Capitol Mortgage Corp., their promissory note in writing for the sum of $62,050.00 payable in installments, with interest at 11.15% per annum from date a copy of said note being attached hereto and made a part hereof as Exhibit "A". 3. That on or about May 10, 1999 in order to secure the payment of said note, the said Michael S. Beckett and Theresa L. Beckett made, executed and delivered to First Capitol Mortgage Corp., a real estate mortgage on the following described real estate, to-wit: Lot 2 of Lot 3 of Subdivision of part of Mineral Lots 87 and 88 in the City of Dubuque, Iowa, according to the recorded plat thereof. which said mortgage was filed for record May 14, 1999 in Instrument ~8088-99 in the Recorder's Office of Dubuque County, Iowa, a copy of said mortgage being attached hereto and made a part hereof as Exhibit "B". 4. That the above note and mortgage were subsequently assigned to Associates Home Equity Services, Inc. which assignment was filed August 23, 1999, in Instrument %13685-99 and 2 January 11, 2000, in Instrument #360-00 in the Recorder's O£fice of Dubuque County, Iowa. 5. That Plaintiff is the sole and absolute owner of the mortgage above mentioned; that said note and mortgage provide that if default be made at any time in payment ef any installment of principal or interest, at indebtedness, without notice immediately due and payable; failure of the mortgagor(s) said note in default, that the election of the Plaintiff, all of such election, shall become that Plaintiff by reason of the to pay said installments, declares there is now due and owing Plaintiff the sum of $61,233.68 with interest at 11.15% per annum from and including June 14, 2000. 6. That the Plaintiff has given the mortgagor(s) notice ef the right te cure said default and te date has received no response thereto. That the time to cure the default under the statute has now expired. 7. That said note and mortgage provide that if suit be commenced thereon, mortgagor(s) will pay reasonable attorneys' fees; that an attorneys' fee affidavit is attached hereto and made a part hereof as Exhibit "C". 8. That the Plaintiff mortgagee new hereby in writing waives any right or claim to a deficiency judgment against the mortgager(s}. That the mortgaged property is the residence of the mortgagor(s) and is a one-family or two-family dwelling. Plaintiff hereby elects to foreclose without redemption and the 3 sale of judgment, forth above, event the judgment. 9. of the mortgaged property shall occur promptly after entry unless the mortgagor(s), pursuant to the Notice set files a written demand to delay the sale, in which sale shall be delayed until six months after entry of That the Plaintiff alleges that whatever right, title or interest in or lien upon said real estate said Defendants may have is junior to the right, title and interest of Plaintiff, by virtue of said mortgage, which this Plaintiff avers to be a prior lien upon said real estate, the rents and profits therefrom. 10. That City of Dubuque, Housing Services Department is named as a party Defendant because of a mortgage dated August 6, 1999, executed by Michael S. Beckett and Theresa L. Beckett to City of Dubuque, Housing Services Department for $2,000.00, which mortgage was filed August 31, 1999, in Instrument %14013-99 in the Rec©rder's Office of Dubuque County, Iowa. 11. That H and R Accounts, Inc. is named as a party Defendant because of SC 40812 wherein judgment was entered against Theresa Beckett on July 2, 1999. 12. of OWCR Beckett 13. party Defendant against Theresa That State of Iowa is named as 039993 wherein judgment was on March 20, 2000. That Tri-State Adjustments becuase of SC 44028 a party Defendant because entered against Michael S. Freeport, Inc. is named as a wherein judgment was entered Lynn Beckett on Nove~er 13, 2000. 4 14. That in the event additional sums for taxes, Plaintiff is required to advance sewer rental, solid waste assessments or insurance on said real estate, the Plaintiff should be given an additional lien~thereon for such amounts so advanced. 15. That said mortgage provides that any time after the proper commencement of an action in foreclosure or during the period of redemption, the Court having jurisdiction of the case shall, at the request of the mortgagee, appoint a receiver to take immediate possession of said property and of the rents and profits accruing therefrom, to rent the same a~ he may deem best for the interest of all parties concerned and shall be liable to account to the mortgagor(s) only for the net profits after application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness, charges and expenses hereby secured and herein mentioned. WHEREFORE THE PLAINTIFF PRAYS THE COURT: !. That the Plaintiff have judgment in rem against the property involved in this action for the amount of unpaid principal and interest on said note, as provided in said note and mortgage and for attorneys' fees, abstract expense and costs. 2. That a receiver be appointed immediately to take care of, manage, lease and collect the rents from said real estate, and to apply the same in payment of costs and expenses receivership, repairs and expenses of said real estate, and accruing taxes and special assessments, 5 of said accrued insurance premiums, and in partial payment of the 3. That said judgment, together with interest, fees, abstract.expense, costs and accruing costs be judgment to be entered herein. attorneys' decreed a prior lien upon said real estate from the date of said mortgage, and that all rights, interests and equities of all Defendants to this suit be declared junior to the Plaintiff. 4. further the right, title and interest of That in the event Plaintiff is required to advance sums for taxes or insurance premiums on said real estate, the Plaintiff should be given an additional lien thereon for such amounts so advanced. 5. That said mortgage be foreclosed and the Defendants' equity of redemption be barred and foreclosed save as guaranteed by law. That special execution issue for estate to satisfy said judgment, interest, costs. 6. That the Plaintiff has the sale of said real attorney fees and elected foreclosure without redemption and the sale of the mortgaged property shall occur promptly after entry of judgment or in the alternative, if a written demand for delay is filed, the sale shall occur six months after entry of judgment. 7. That Plaintiff be granted such further relief as may be just and equitable. PETOSA, PETOSA, BOECKER & NERVIG, L.L.P. By Theodore R. Boecker PK0000439 1350 NW 138~h Street, Suite 100 Clive, Iowa 50325-8308 Telephone: (515) 222-9400 Facsimile: (515) 222-9121 ATTORNEYS FOR PLAINTIFF 11,75 l~:lo~ ~h~ I u~y ~ve und&- ~ts N~e. My ~oemly ps~men~ wi]3 ~ q~ned m m~m~ t~,,; 1~?,'~,,~!. IO~Z ~-4 , 2029 die, ~ u ~t!~d t~s 'my ~. 6333 ~ ~ I~ /~,D3:~:)t~r, !~ $37~.9 4. JO]iROw a~c.'S ~IGHI' TO I~[I ~[[ IIII]~II[II Ill [I IIII m ~II:.o :',;,;,; ~ 12.tB3 f~. $ M 2 Jndmil: c~e~l, co. ,~,~ ~ Phone # Phone # 088-99 99 HAY I I~ Pti 3:52 I<ATHY FL'(Nfl TffURLOW COUNTY R~'CORO£R T~[~; MORTGAGE ('&~Ml~y T~Fmtneal'J i~ J~ ~ MAY t0, = ~C~ S. ~C~ AND ~ g B~ ~-, ~D ~1~ ~n~y ~n~ w ~v~ m ~ CA~L MORTGAG~ CO~ ~i~, due ~ p~y~bk ~ ~Y 14, 2~9 ~dcr: ~a) ~e rep~y~T nfflle de~ ~ by ~c ~e, wl~ in~, ~d ~l ~, ~tmSl~S ~d p~ x~ ~u~tf of This S~n~ ~; ~d (c) ~e ~ ~sr ~O~r'~ ~vtn~u md Mu'-IO-II OI:lfpa F~gJ-(,,}NTT ~ ll~'T~Ci $1agg?4lll T-lit P,I{/{2 ~-122 w~h ~ ~e ~ ~f 11'/'~ CENTi~ YLACK -~ -. 2. ~n~ f~ Ta~ a~ ~anc~. ~j~ m ~pllc~ la~ otm m w~ wmv~ by ~, ~ ~p~ m ~ ~ ~ day ~y ~ a~ ~ ~ ~ N~. ~ ~ N~ ~ ~d in ~il, m ~ (FU~%') ~ ~) y~ %~ ~ ~ ~ ~y ~ p~x~ aver ~ ~ty of ~ds ~ on ~ ~ at ~ d~ ~ m~Me ~M~ ~TU~ Of ~ ~w 1~ o~ ~pl7 ~] m~ E~ ~. ~.~ ~e~r for ~d~mda~s ~e m ~n ~x~ ~ 1~. ~ ~ law ~1~ o~s=. U~ ~ ~ s ~d~ m If ~ ~ ~d by ~r ~c~ ~ ~ ~um ~ bc b~d b) ~X~le law, ~ ,~l ~ ~ ~ ~ ~w~ ~{ ~ ~ ~ ~F~i~y m ~ m~ ~n twelve ~y p~, ~ ~e ~ ~ a~ ~ ~s ~ f~ ~vc W~ 10 days of ~ ~v~ of ~t~. ~ ur ~ ~ ~. ~w~ ~ ~ a d~t~ ~ ~, ~ pmv~ in 12. S~ s~ ~ ~un~ J~ ~ ~ ~. L~m ~. tf~l~by~ ~ ~ by ~, by ~ ~{~ ~ ~ ~}~1, taw ~ ~ ~ m ~ ~ ~w whm given as ~ in ~]s ~. GOvt.8 ~: ~. ~}S ~fity.~ ~l ~ gav~ ~ f~ law ~ ~ law ~ uy ~? ~e~ ~ p~.~ ~ f~ law u or ~e d~ of ~s ~y I~. ~ :L t~ ~U~ ~ ~ ~w~: (~ pays L~ do, ~h~ ~i~ ~ P~ ~ b In ~l~ of ~ ~uv~ ~w. ~ p~ms two ~ by ~y Gov~ ~ ~ ~ ur pdv~e ~ mvolv~ ~ u~ ~ ~ts p~ 20. 'H~s ~- ~ ~ ~,l,~T,~ ~. ~ ~ve ~. As u~ ~ ~s ~h 20. '~vtm~ ~W ~c, ~e by Ju~.p~{ ~ ~e ~ ~?~ ~_~H~. ~ ~ m~ ~ ~ :~ ~ ~id~ h ~ pn~p~ 21, ~ r~ to ~ ~ys. ~ pmvis~ ~f ~ia ~ 24 ~1 ~ ~ m c~ m the ~vls~ of ~ ~{.~ ~ ~i.27 of~ ~'~f Iowa. IOWA - ~m F~tl~ ~ MM~ M~ Um~ RY SIGNING AFFIDAVIT STATE OF IOWA ) ) SS COUNTY OF POLK ) I, Theodore R. Boecker, being first duly sworn, upon oath depose and state that I am one of the attorneys for the Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney fees to be taxed herein. I further depose and state that the note and mortgage and any other documents declared upon in the foregoing Petition are now in my actual possession; that I have read the above and foregoing Petition, know the contents knowledge of the facts therein stated, and allegations therein are true as thereof, have personal and that the statements I verily believe. Theodore R. Boecker PK0000439 Subscribed and sworn to before me this ~F-~a~ry, 2001, at Des Moines, Iowa. '~ day of Notary Public in and for the State of Iowa Exhibit "C" 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 attm~h any additional information that supports your claim. The Claim must be filed with the City Clerk ac city~Ha~ll, hS0 west 13th Street, Dubuque, Iowa 52001-4864 It wlll_~h~n ~ge · ' ' t D ~ - referred by the City Council to the approprla e epart~_e~t investigation. Once that investigation is completed, a r~o~t a~fd recommendation will be submitted to the City Council. Yo~l 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. Neme of Clai~nt: ~; -7- ~ ~e/ Telephone ~mber: Date of Incident: Time of Incident: Location of 2. 3. 4. 5. 6. 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. ) Zo,.J,? ,/,.~/~- ~+ ~/,~;ff' ,,~ / ~//h~-~,,~ 8. ~a~ were weather conditions like? ~/~ c~ 10. Did police investigate? (If 11. Was anyone injured? (If so, injuries. ) so, give names of officers,) g~ve n~e. addrees ~d e~tent of 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of d~mages or describe basis for ascertaining extent of damage.) 13. W~lat other danuages 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 ~nsurance company and amount paid.) 15. What amount do you claim from the City of Dubuq~/e? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against a~yone else result of this incident? for damages as a If yes, g~ve ns~ne 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 20 (Revised January, 2000) MhR-07-O1 ~D 02:94 PM I~IVEI'(SIDE T~ACTOI~-'FI~AII_EI'~ COl ~, e t~oos~vEL T ~x~ BOX lore · DUBUQUE, I~. ~2o04 FhE NO, P, 02 IMPORTANT , ~ch c~td IIOl bo delecl~d ~1 ml~.al el)prnl~al you will be colttac(~ roi ~ulhollZal~t (~llOf ~o ~l~e~h g w h ~ltlol~[s APP. ~Y: PAll rs ~UI,"I'LIE,'.} SUULE 1' _. FllEIQI Il 'IOI'AL _ QUOTE s~om ON INVOICE # COMPANY ADDRESS: CITY / STATE / ZIP PHONE / FAX CONTACT: JOB DESCRrPTION QUANTITY / DESCRIPTION' COST ESTIMATE: PKICE TAX: TOTAL: ~ ~, ~z~ QUOTE CK)OD FOil. 30 DAYS. 50% DEPOSIT REQUIRED ON ALL WORIiL BALANCE DUE. ON COM'PLETION. CLAIM AGAINST Tt{W. 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. 2. Address: 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: 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. ~at were weather conditions like? '~ - / 10. Did police investigate? 11. (If so, give names of officers.) 4f// Was anyone injured? (If so, give name, address and ~nt injuries. ) m 02> ~ 12. 13. 14. Was any dalnage done to property? (If so, describe proper=y and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) What other damages do you claim, if any? Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and a~nount paid.) 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque / is responsible? 17. 18. Have you made any claim against anyone else for d~m~ges as a result of this incident? If yes, give name and address: 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 7 day of . 2o 61 (Revised January, 2000) (Signature) ~ ( Print ~ame) 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 infol-mation 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 WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. Telephone Number: Date of Incident: Time of Incident: 3. 4. 5. 6. Location of incident. (Be specific) 7. DESCRIBE ACCIDE~ OR OCC~RENCE T~T CAUSED IN~RY OR D~GE. (Give full details upon which you base your claim, if a City ~ployee was involved, ~ive the employee's n~e.) 8. ~at were weather conditions like? %~0*',~.~ ~ %~QW O~ 9. Give n~e ~d address of any wi~esses. ~% ~ 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give name, address and extent of injuries. ) 12. Was any d~m~ge done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you 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.) 5o 15. 16. What a/nount do you claim from the City of Dubuque? Why do you claim the City of Dubuque is responsible? oN& oK-- 17. HaVeresul%yOUofmad~thlsa~.Y~ncident?Claim agains~ ~nyone else for damages as a If yes, g~ve 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, ~o .% ~, ~Revised January, 2000) DRIVER EXCHANGE iNFORMATION Dubuque Police Department (319) 589.4410 Jnit 001 Driver's Name - Last First DRISCOLL ROGER Address 5062 SARATOGA RD Gender License Number Male 479482975 Restrictions/Endorsements Complied With? ~nsurance Company Yes CITY OF DUBUQUE 929 KERPER BLVD 1999 INTL IA 2020 83795 Middle Suffix Work Phone LOUIS City State Zip Cod~ DUBUQUE rA 52002,0000 Clas~Type License State License Endorsements A IA N insurance Policy Number Middle Home Phone (319) 588-2751 x Date of Birm NONE Insurance Company's Phone Number City State DUBUQUE IA Style TK VIN Number IHTSCAAN6XH611813 Suffix Company Owne¢s Name $2001- Maintenance / Construction Vehicle Dubuque - 3 Dubuque - 2100 "N/A" X Coordinate Y Coordinate "N/A .... N/A" If Accident Occurred Outside of Direction Nearest City Limits Show Geceral Vacinity "N/A" On Road. Street or Hignway CURTIS STREET "N/A" of "N/A" Road Class 4 - City Street Distance Direction lDistance rDirestlon "N/A .... N/A" anc "N/A .... N/A" FAIRCHILD, RILEY 12A 01-04839 02/09/2001 09:22 Printed At: Dubuque Police Department Pager Case #: 01-04833 BUTCH VALENTINE ESTIMATE Valentine Bros. Body Shop 1250 WASHINGTON ST. ° DIAL (319) 556-3484 DUBUQUE, IOWA 52001 TERRY VALENTINE Name ~-~ /r~/~ /1/j~ ~.~.~'/~/ Date Address /~ ~/E ~, Phone Estimate of Material and Labor Required Material Labor 1~ /~w/~ /'~/~n~/~ .P~,~-/~ t~p~' ~f~ ./d~ ~1 /~ [ ESTI~TE SHEET AND ~PAIR ORDER T~,[~ J6~ ~/ /~ This estimate is bas~ on our insp~ion and d~s not ~ver additional material or labor which may be requir~ after the work has been statiC. A~r the work has statiC, damaged material which was not evident on first ins~ion may be dis- ~ cover~. Na~rally this estimate cannot cover such contingencies. This estimate is/ ~ ~E ~ for immediate ac~ptan~. This Work Authorized by III. Date: 02/1310t 02:43 PM Estimate ID: 2941 Estimate Verelon: 0 Preliminary Profile ID: Mitchell Labor Subtotals Units Body 0.6 40.00 Refinish 0.8 40.00 Taxable Labor Labor Tax Add'l Labor Sublet Rate Amount Amount Labor Summary t.4 Totals 0.00 0100 24,00 T 0.00 0.00 32,00 T 6.000 % 56.00 3.36 59.36 II. Part Replacement Summary Taxable Parts Sales Tax ~ Total Replacement Parts Amount 6.000% Additional Costa Taxable Costa Sales Tax Non-Taxable Costs Total Additional Costs 6.000% Amount 0.60 0.04 20.80 21.44 IV. Adjustmenta Customer Responsibility I. Total Labor: II. Total Replacement Parts: III. Total Additional Costa: Gross Total: IV. Total Adjustmenta: Net Total: This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. Amount 138.54 8.31 146.85 Amount 0.00 59.36 t46.85 21.44 227.65 0.00 22765 ESTIMATE RECALL NUMBER: 02/13101 14:15:43 2941 UitraMate is a Trademark of Mitchell International Mitchell Data Version: FEB_0t_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 46.004 All Righta Reserved Page 2 of Date: 0211310'1 02:43 PM Estimate ID: 294t Estimate Version: 0 Praliminary Profile ID: Mitchell LENNY VALENTINE & SONS, INC. 923 PERU RD DUBUQUE, IA 52001-8604 (3t9) 588-4659 Fax: (319) 988-4650 TWO CONTINENTAL FRAME M~CHINES GENESIS II COMPUTERISEDME~SURING SYSTEM PRICE IS EASY TO BEAT/QUALITY IS NOT b~iBODY SPECIALISTS Damage Assessed By: DICK VALENTINE Deductible: UNKNOWN Owner KATHY MC MULLEN Address: t308 CURTIS DUBUQUE, IA 52003 Telephone: Home Phone: (3t9) 588-23t6 Description: t998 Toyota Camry LE Body Style: 4D Sed VIN: 4T1 BG22KIWU323890 Mitchell Service: 914751 Drive Train: 2.2L lnj 4 Cyl 4A Line Entry Labor item Number Type Operation Line Item Description Part Type/ Part Number Dollar Labor Amount Units 401620 BDY REMOVE/REPLACE REF REFINISH/REPAIR 401660 BDY REMOVE/INSTALL 933002 REF ADD'L OPR AUTO ADD'L COST AUTO ADD'L COST * - Judgement Item # - Labor Note Applies L FRT DOOR POWER MIRROR ASSY L FRT DOOR POWER MIRROR ASSY L FRT DOOR TRIM PANEL CLEAR COAT PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL 87940-AA020-G0 138.54 0.2 # 0.5* 0.4 0.3* 20.80 * ESTIMATE RECALL NUMBER: 02113/01 14:'15:43 2941 UIt~aMate is a Trademark of Mitchell International Mitchell Data Version: FEB._0t_A Copyright (C) 1994 - 2000 Mitchell Intarnafiona! UitraMats Version: 4,6.004 All Rights Reserved Page Public Improvement Claim Pursuant to Iowa Code Chapter 573 To: City of Dubuque, Iowa Hon. Terry Duggan, Mayor Members of the Dubuque City Council Dubuque City Clerk Regarding: City Hall Remodeling Exterior Work. Amount of Claim: $18,161.14 Claimant: Reliable Plumbing, Inc. State of Iowa ) )ss. Dubuque County ) I, Stanley Gonner, President of Rdlable Plumbing, Inc,, depose and state that the following statement is tree to the best of my knowledge and belief, and is made of my personal knowledge by reason of the relationship aforesaid: That on the dates set forth on the itemization of account in the attached Exhibit "A" (which is made a part hereof by this reference), Reliable Plumbing, Inc., here'm referred to as the Claimant, furnished equipment and labor for the Public Improvement Project known as City Hall Remodeling Exterior Work. The City of Dubuque, Iowa, acting through City Council of Dubuque, Iowa, is the entity authorized by law to let co,,hacts for such public improvement. The itemization attached reflects all dates and amounts contracted for, which were supplied in good faith, and for which payment is rightfully owed, and reflects all payments and credits applicable. The balance now due and owing is the amount of $18,161.14 which has been invoiced to Design Center Association, Inc. and Kluck Construction but has not been paid by them. Attached to this Claim as Exhibit "B" (and made a part hereof by this reference) are copies of the original invoices provided to Design Center Association, L~c. and Ktuck Construction for the materials and labor provided. Page 1 of 2 Reliable Plumbing, Inc. STATE OF IOWA ) ) COUNTY OF DUBUQUE ) SS. On this 16th day of February, 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Stanley Gonner to me personally known, who bcqng by me duly sworn, did say that he is the President; that no seal has been procurred by the said corporation that said instnmmm was signed on behalf of said corporation by authority of its Board of Directors; and that the said Stagy Gonner as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily exeoated. Notary Public in and for the State of Iowa. Page 2 of 2 Design Center Invoice #236-Extra Kluck Contxuefion Estimate Invoice W203 Payment Invoice #220 Payment Invoice #235 Payment Invoice #244 Amount still owed EXlqI'RIT A $25,100.00 $ 5,000.00 $ 5,000.00 $10,000.00 $10,000.00 $ 7,000.00 $ 5,000.00 $ 3,100.00 $7~226.65 $5,100.00 Estimate Invoice #234 Invoice #254 Invoice #227 Extra Invoice//243 Extra Amount still owed UNPAID TOTAL $4,900.00 $2,500.00 $2,285.00 $ 757.46 $ 292.03 $5,834.49 $18,161.14 REI,IABLE PLUMBING INC. 485 OqqEII,L ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE # 11/19700 236 SILL TO Design Center Associates, Inc. Architects & Eng/neers 169 Main Street P,O. Box 735 Dubuque, Iowa 52001 TERMS PROJECT Net 15 City Hall/Exterior Extra tubing DESCRIPtiON AMOUNT 7,226.65 Material used and labor performed to install extra 5/8" tubing, ties, adapters, manifold, ball valves, glycol and shipping charges for the snow melt system. Please remit to above address. I Total I $7,226.65 RELIABLE PLUMBING INC. 485 OqqEILL ST. DUBUQUE, IOWA 52001 Estimate NAME/ADDRESS Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 PROJECT CityHall/Extm~ necessary for the completion of the plumbinng for the irrigation: system, Alt. "A"., and the snow removal system. Alt "B". Alt "A": -- --$6,900.00 Alt. '~B": $19,100.00 Not included: Any work outside for the irrigation system We will submit our monthly bill for material used and labor performed by the 25th of each month to be paid by the 10th of the next montl~ If you have any questions on this pmpossal, please don~t hesitate to call. Sincerely, Stanley Gonner Reliable Plumbing, Inc. Please sign and return th/s copy TOTAL $25,100.00r This estimate is good for 30 days. If it meets with your approval, please sign and return. SIGNATURE DESCRIPTION TOTAL I We hereby propose to furnish the permits, material and perform the labor 25,100.00 RELIABLE PLUMBING INC. 485 OrNEILL ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE 9/22/'00 203 BILL TO Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT Due ~ r¢c~ipt City Hall/F_~or DESCRIPTION AMOUNT 5,000.00 We hereby propose to fro-rash the permits, material and perform the labor necessary for the completion of the plumbirmg for the irrigation system, Alt. "A"., and the snow removal system, Alt. '~B". Alt. "A": $6,900.00 Alt. "B": ....... $19,100.00 !Not included: Any work outside for the h'rigation system We will submit our monthly bill for material used and labor performed by the 25th of each month to be paid by the 1 Otb of the next month. If you have any questions on this propossal, please don~ hesitate to call. Sincerely, Stanley Gonner Reliable Plumbing, Inc. Please remit to above address. Total $5,000.00 RELIABLE PLUMBING INC. 485 O~-EILL ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE 10/22/~0 220 BILL TO Kluck Cons~ction P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT Duc ,aa r~pt City Hall/Ext~or DESCRIPTION AMOUNT 10,000.00 We hereby propose to furnish the permits, material and perform the labor necessary for the eompletion of the plUmbinng for the irrigation system, Alt. "A".. and the snow removal system, Alt "B". Alt. "A": $6,900.00 Alt. "B"-.- $19,100.00 Not include& Any work outside for the irrigation system. We will submit our monthly bill for mater/al used and labor performed by the 25th of each month to be paid by the 10th of the next monttr If you have any questions on this propossal, please don~t hesitate to call. Sincerely, Stanley Gonner Reliable Ptumbing~ Inc. !Please remit to above address. I TOtal $10,000.00 RELIABLE PLUMBING INC. 485 O2qEILL ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE # 11/I 9/'00 235 BILL TO Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 DESCRIPTION TERMS PROJECT Net 15 City HatVExt~ior We hereby propose to furnish the permits, material and perform the labor necessary for the completion of the ptumbinng for the irrigation system, Alt, "A"., and the snow removal system, Alt. "B". Alt. "A": $6,900.00 Alt. ~B .----- ---$19,100.00 Not include& Any work outside for the irrigation system. 'We will submit our monthly bill for material used and labor performed by the 25th of each month to be paid by the 10th of the next month. If you have any questions on this propossal, please don~ hesitate to call. Sincerely, Stanley Gonner Reliable Plumb/rig, Inc. AMOUKrT 7,000.00 Please sign and return this copy I Total $7,000.00 RELIABLE PLUMBING INC. 485 O2xrEILL ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE 12/13/'00 244 BILL TO Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT Net 15 CJt~ Hall/F~t~'ior We hereby propose to furnish the permits, material and perform the labor necessary for the completion of the plumbinng for the irrigation system,. All~ "A"., and the snow removal system, Alt. '~B". Alt. "A": --$6,900.00 Alt. "B":- $19,100.00 DESCRIPTION AMOUNT 3,100.00 Not included: Any work outside for the irrigation system. We wilt submit our monthly bill for material used and labor performed by the 25th of each month to be paid by the 10th of the next month. If you have any questions on this propossal, please don~t hesitate to call. Sincerely, Stanley Gormer Reliable Plumbing, Inc. Please remit to above address. I Total $3,100.00 RELIABLE PLUMB1NG INC. 485 O2qEELL ST. DUBUQUE, IOWA 52001 Estimate NAME/ADDRESS Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 DESCRIPTION We hereby propose to fum/sh the permits, material and perform the labor necessary for the completion of the plumbing for the City Hall Remodefling Project We did receive Addedum #1. Base Bib: ...... $4,900.00 Alternate g4:--~$7,200.00 We Will submit our monthly bill for material used and labor performed by the 25th of each month to be paid by the 10th of the next month. If you have any questions on this proposal, please don~ hesitate to call. Sincerely, Stanley Gonner Reliable Plumbing, Inc. PROJECT City Hall/Interior TOTAL 4,900.00i please sign and return this copy TOTAL $4,900.00 This estimate is good for 30 days. [fit meets with your approval, please sign and return. SIGNATURE RELIABLE PLUMBING INC. 485 O%[EII,L ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE # 11/19/'00 234 BILL TO Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT N~ 15 City Hal]/latehor DESCRIPTION AMOUNT Materials used and labor performed to this date. 2,500.00 Please remit to above address. Total $2,500.00 RELIABLE PLUMBING INC. 485 O'NEILL ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE # I/1~"01 254 BILL TO Kluck Construc~on P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT Net 15 Cit~ Ha, L1/lm~or DESCRIPTION AMOUNT Materials used and labor performed to this date. 2,285.00 E~mat~: . ~,900.00 Invoice #234y : : ~,500.00 This Invoice: 2,285.00 Remaining: 115.00 ~Please remit to above address. I Total $2.285.00 RELIABLE PLUMBING INC. 485 O~IE1LL ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE # I 1/8/'00 227 BILL TO Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT Net 15 Extra-Move pipe DESCRIPTION AMOUNT Material and labor for moving pipes to make room for the new windows. 757.46 Please remit to above address. Total $757.46 RELIABLE PLUMBING INC. 485 O2qF, ll,l, ST. DUBUQUE, IOWA 52001 Invoice DATE INVOICE # 12/16/'00 243 BILl. TO Kluck Construction P. O. Box 1045 Dubuque, Iowa 52003 TERMS PROJECT i Net 15 Extra-Move crmdinsate linc DESCRIPTION AMOUNT 292.03 Materials used and labor furnished to move condinsate line at east entrance so they could/nstall new entrance. J Please remit to above address. , Total $292.03 BARRY A. LINDAHL~ COF. POKATI Otq COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Claim of Kevin Ament March 6, 2001 Kevin Ament: Date of Claim. Date of Loss Nature of Claim 2/23/01 2/7/01 vehicle damage This is a claim for damages to the claimant's parked car, which it sustained when a City ambulance slid into it. - This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Chief E. Dan Brown cc - Mr. Kevin Ament 196 DUBUQUR BUILDING DUBUQUE IOWA 52001 TELE 319 583-4113 FAX ~{ 9 583-1040 e-mail balesq~mwcl.nct BARRY COP. POKATI ON COUiq S~L MEMO To~ Mayor Terrance M. Duggan and members of the City Council Claim of Ryan Foley March 6, 2001 Cla~m-~t Ryan Foley Date o2 Cl~4m Date of Loss 2/21/01 2/9/01 Nature of Claim vehicle damage This is a. claim for damages to the claimant's parked car, which it sustained when it was hit by a City Snow plow. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Con~nunities Assurance Pool. m~/og cc - Mr. cc - Mr. Don Vogt John Klostermann Ryan Foley 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 519 585-4115 FAX 359 585-1040 e-mail balesq~mwci.net BARRY A. LINDAHL, COKPOKATI Otq CouIq SEL MEMO To: Mayor Terrance M. Duggan and members of the City CoUncil Claim of Carol A. Friedman March 6, 2001 Claimant Date of Cla~ Date of Loss Nature of Claim Carol A. Friedman 2/16/01 1/26/01 personal injury This is a claim for d~ages for ~ersonal injuries the claimant suffered in a fall on an icy sidewalk in front of the Iowa Inn on Ninth and Iowa Streets. 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. Dave Harris cc - Ms. Carol A. Friedman 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 553-4115 FAX 3{9 555-1040 e-mail balesq~mwci.net BARRY A.. LINDAHL~ CORPORATION COUNSEL MEMO To~ Re: Mayor Terrance M. Duggan and members of the City Council Claim of James J. and Mary Kress March 6, 2001 Claimant Date of Claim Date of Loss Nature of Claim James and Mary Kress 2/26/01 1/26/01 property damage 2/2/01 2/9/01 This is a Claim for reimbursement of expenses incurred by the claimants because of damages to their property 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. cc - Mr. Bob Green and Mrs. Ja~es J. 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 585-4115 FAX 3i9 583-1040 c-retail bxlesq~mwci.nct BARRY CO~O~ATION COUNSEL MEMO To: Re: Mayor Terrance M. Dug9an and m~mhers of the City Council Claim of.Bill G. Meyer March 6, 2001 glaimant · Bill G. Meyer Date of Claim Date of Loss Nature of Claim 2/26/01 1/26/0.1 vehicle damage This is a..claim for damages to the claimant's parked car, which the cla4~t states it sustained when a City snow plOw knocked the driver's side mirror off. Accordingto the report of Mr. John Klosterm~,'Street\Sewer Maintenance Supervisor, although his reeords show that the plows were out through'the early morning hours on that date, he does no~ have anydriver's report cbncernin~ this accident. It is therefore his recommendati.on that the claim be denied for lack of evidence, and. the Legal Department concurs, with -~hat recommendation. · BAL/cg/Attaahment cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. Bill ~. Meyer ¢.m~il batcsq~mwci-nct Operations & Maintenance Depaztment 925 Kerper Blvd. Dubuque, Iowa 52~01-2338 Phone (319) 589-4250 FAX (319) 589~,52 March 1, 2001 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuaue, IA 52004-4864 Dear Bar~y: This letter wilt respond to the claim filed by Bill Meyer on February 23, 2001. Mr. Meyer claims that a snowplow hit his car and broke off his side view mirror while parked at 1185 Wood Street on January 26, 2001. He did not file a report with the police so there was no investigation. Our records show that we were out plowing throughout the early morning hours, however we do not have any driver's reports concerning this accident. It is therefore my recommendation to deny the claim. I believe that there is not enough evidence that supports the claim as filed. If you need any additional information, please contact me. Sincerely, - John L Kldstermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork BARRY A. LINDAHL, CO~PO~ATION COUNSEL~ MEMO To: Mayor Terrance M. Duggan and members of the City Council Claim of Robert Michels March 6, 2001 Claimant Date of Claim Date of Loss Nature of Claim Robert Michels 2/19/01 2/ss/ol vehicle damage This is a claim for damages to the claimant's parked vehicle, which the claimant states it sustained when hit by a City snow plow in the alley behind Behr's Funeral Home, knocking the driver's side mirror off. According to the report of Street\Sewer Maintenance Supervisor John Klostermann, although his records indicate that the City plows were out at the time of this incident, he has no driver'~ report concerning this accident and he recommends that the claim be denied for lack of evidence. 'The Legal Department concurs With his recommendation. BAL/cg/Attaehment cc - Mr. Don Vogt cc - Mr. John Klosterm~ cc - Mr. Robert Michels 196 DUBUQUE BUILDING DUBUQUE IOWA 52001 TELE 319 583-4113 FAX 3~9 583-1040 c-mall b~lcsq~m~vc~.nc~ Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 389-a.252 February 26, 2001 Barry Lindahl COrporatio0 Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Bar~: This letter will respond to the claim filed by Robert Michels on February 19, 2001. Mr. Michels claims that a snowplow hit his car and broke off the side view mirror while it was parked in the alley behind 1~,91 Main Street on February 14: 2001. He filed a report with the police that following day indicating that although he saw duel wheel tracks alongside his vehicle the victim did not see a salt truck hit the vehicle. Our records show that we were out plowing at the time, however we do not have any driver's reports concerning this accident. It is therefore my recommendation to deny this claim. I believe that there is not enough evidence that supports the claim as filed. If you need any additional information, please contact me. Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork BARRY A. LINDAHL, COF. POKATION COUNSEL MEMO To: Re: Mayor Terrance M. Duggan and members of the City Council claim of Kathleen McMullen - March 8, 2001 Claimant Kathleen McMullen Date of Claim Date of Loss Nature of Claim 3/1/01 2/9/01 vehicle damage This is a claim for damages to the claimant's parked ear, which it sustained when.a City snow plow knocked the driver's ~ide mirror off. According to the report of Mr. John Klostermann, Street\Sewer Maintenance SuperFisor, this claim is correct as filed and he recommends payment; the Legal Department concurs With his recommendation. · ..It. is therefore the recommendation of the Legal Department that this Claim, in the amount' of $193.88, be paid by the Finance .DePartment and submitted to ICAP for reimbursement. BAL/cg/Attachment cc - Mr. Don Vogt cc - Mr. John Klostermalln cc - Ms. Kathleen McMullen c-mail bal¢$q~m?ci.~¢t Operations & Maintenance Depm~'nent 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 March 7, 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 McMullen. Our records show that on February 9, 2001 one of our trucks struck the parked car owned by Ms. McMullen while plowing and deicing Curtis Street during a snow event. I did inspect the damage to the vehicle and the amount of the claim appears to be equal to the damage reported. It is therefore my recommendation to pay the claim as filed. If you need any additional information concerning this claim, please contact me. J~n Klostermann Street/Sewer Maintenance Supervisor Service People Integrity ResponsibiIity Innovation ~ Teamwork RECE!VED 780 West Locust Street ~Dubuque, IA 52001 ~arc~ 6, 2001 City Council Members City of Dubuque Dubuque, iA 52001 Dear City Council Members: We wdte this letter to you as concerned citizens and homeowners who have resided at our present address for twenty-four years. Our home is located at the foot and across the street from the Hodgden Street city steps. Prior to this address, we lived at 2186 Hodgden Street, just at the top of the Hodgden Street city steps. As you can see, we have had an interest in these city steps since 1969. We have recently seen that these city steps are closed, and probably closed on a permanent basis. We hope you will change your minds and repair these steps so they can be reopened to the dtizens of Dubuque. Our main reason for wishing them to be reopened is for security purposes. When the steps are closed and not used, the weeds and trees along side the steps are not tdmmed back. This allows for a very darkened and bushy area that seems to attract persons of all ages who wish not to be seen, daytime and especially at night. We see children playing there and other young persons lounging around with music playing and engaged in other not-so-proper activities. We have seen beer carried into these areas and have seen the empty cartons later to prove it. There have even been camp fires in the woods on beth sides of the steps. At night we have seen lights flashing around and we know and can hear persons there. A neighbor has even found sleeping bags stored in these woods along the steps. When the steps are open and the greenery trimmed, there is less of this activity to be seen. We have had reason to believe there were drug activities occurring in this same area. Several times neighbors have called the police when suspicious activities were taking place. We have never heard whether anyone was actually caught in these operations, however. Persons engaging in any of the above listed activities park their cars or bikes in the lots on either sides of the bottom of the steps and then proceed up the steps. When there are weeds and bushes and trees closing in on the steps, they have a very good protection from persons at the top or bottom of the steps who might be able to see them. If these steps are not maintained, it will become one big "woodsy" area and who knows what will take place at this location. These steps also provide an access for persons wanting to get from Clarke Ddve to West Locust Street without having to go all the way to Madison Hill or up beyond Clarke College. quite a few college students use these steps, as do other persons for commuting reasons or even just for exercise. There is an all-connecting bus route available at the bottom of these steps and quite a few younger students use the bus coming and going to our city schools. They would have (page 2) no access to Clarke Drive and beyond if these steps were permanently closed. We need these steps! We just ask you to simply repair the steps. We don't need any outlandish city engineering plan costing many dollars to figure out what to do with these steps. They just need some cement construction work and the promise of keepir~2 the weeds and bushes along side of them tdmmed. These steps are a valuable asset to the beautiful history of the City of Dubuque. Many times we see toudsts taking pictures of these steps, as they view the older parts of our city. We can look at many of the history books of our city and see pictures of the city steps, the Hodgden Street steps included. Please don't let them fade into antiquity!! Thank you for your consideration and approval of the reconstruction of the Hodgden Street Sincerely yours, Mr. and Mrs. Peter J. Eisbach LEAGUE of CITIES March 1.2001 The Honorable Terry Duggan Mayor 50 W 13th St. Dubuque, IA 520014864 Dear Mayor Duggan: The Annual Conference & Exhibit Site Selection Committee met on February 28 to review bids for the League's 2004 meet'rog. The committee selected Sioux City to host that meeting. In addition ro the incentives offered by cities bidding for the meeting, geography was very much a part of the discussion. The committee noted that the conference is being held in eastern and east central Iowa for the next three years and thought it would be fair to take the meeting to the western part of the state. The Site Selection Committee's recommendation was ratified by the League Executive Board at their meeting on March 1. Since the League's conference continues to grow and it is becoming difficult for some cities to bid for our desired dates, staff has been directed to send out RFP's in December and request bids for the years 2005 and 2006. We appreciate your enthusiastic proposals and the many incentives offered to host the League's Annual Conference and hope you will respond to the RFP for the 2005 and 2006 meetings. Sincerely, ViS'Chaff Annual Conference & Exhibit Site Selection Committee VF:sr since 1898 Chr's Hens e' Des Mo nes David L. AJdr dge CITY OF DUBUQUE, IOWA MEMORANDUM March 14, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Florence, Villa and Mountain Lane Sanitary Sewer Extension Public Works Director Mike Koch is recommending acceptance o£the construction contract for the Florence, Villa and Mountain Lane Sanitary Sewer Extension Project as completed by W.C. Stewart Construction in the final contract amount of $153,327.88. 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 Michael A. Koch, Public Works Director ¥I 'anbnqnd CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Florence, Villa, and Mountain Lane Sanitary Sewer Extension INTRODUCTION The enclosed resolutions provides for the acceptance of the construction contract for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension project. DISCUSSION Work has been completed on the project by W. C. Stewart Construction in the final contract amount of $153,327.88. The final contract price is under the original contract amount by $48,644.37. The final assessable portion of the contract was $30,902.62 below the original project estimate. Therefore, as a result of the lower overall cost, the final assessments were reduced by approximate 23.08%, decreasing the assessment from $86.60 per foot to $66.62 per foot. The project provided for sanitary sewer to 13 homes currently on septic system and 1 vacant lot. All but three homes have connected to the sewer. The remaining three homes will be required to connect this year. RECOMMENDATION I would recommend the project be accepted and the final sewer assessment levy be approved. BUDGET IMPACT A summary of the project costs is as follows: Estimate Bid Final Construction Contract Contingency Miscellaneous Engineering 184,749.00 18,474.94 30,483.55 $201,972.25 18,474.94 30,483.55 $153,327.88 2,991.71 23,447.94 Total Project Cost $233,707.49 $250,930.74 $179,767.53 The project will be funded as follows: City Share Special Assessments - Deficiencies Paid by City Special Assessments to Private Property 99,814.68 $117,037.93 ~) 76,777.33 3,513.28 130,379.53 3,513.28 130,379.53 2,164.07 100,826.13 Total Project Funding $233,707.49 $250,930.74 $179,767.53 The total City share for the project as outlined is now $76,777.34. The City share for the project will be funded from a Fiscal Year 1998 appropriation for the project, with $120,000 designated as the City share. ACTION TO BE TAKEN The City Council is requested to adopt the final attached resolutions accepting the improvement and establishing the final construction cost. MAK/vjd Prepared by Gus Psihoyos, Assistant City Engineer Prepared by: Gus Psihoyos, Assistant City EnRineer Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ACCEPTING IMPROVEMENT Whereas, the contract for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 1998 Sanitary Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City Engineer Address: 50 W. '~3th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FINAL ESTIMATE Whereas, the contract for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $179,767.53. Section 2. That $100,826.13 of the cost thereof shall be assessable upon private property and $78,941.40 shall be paid from the Fiscal Year 1998 Sanitary Sewer Construction Fund. Passed, approved and adopted this day of .,2001. Attest: Terence M Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City En~lineer Address: 50 W. '13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING PRELIMINARY FINAL SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this day of __ ., 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk _o g~ CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: F ROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Olympic Heights - US 52 - Jackson Street Dra'mage Improvements - Phase II (Flexsteel Pump Station Augmentation) Public Works Director Mike Koch is recommending acceptance of the Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation) as completed by CDI Excavating, Inc. in the mount of $63,307.91 I concur with the recommendation and respectfully request Mayor and City Council approval. Micthael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director VI ,enbnqnG CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: March 13, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~'/--~,~/~ Olympic Heights-US52-Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation) INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the Olympic Heights - US52-Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation). DISCUSSION Wore has been completed on the project by CDI Excavating, Inc. in the final contract amount of $63,307.91. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at $63,307.91. BUDGET IMPACT A summary of the project is as follows: Construction Contract Contingency Engineering Estimate Total Project Cost Bid Final 943,514.00 963,307.91 4,181.00 .00 6,898.00 6,898.00 954,593.00 970,205.91 The project will be funded from a Fiscal Year 1999 General Fund appropriation in the amount of 9338,000. A portion of this balance was used for Phase of the project. The remaining balance will be utilized by Phase III of the project. The final project cost exceeds the original contract cost because additional grading was needed to complete the project. This additional grading was to be done as part of Phase III of the Olympic Heights - US52 - Jackson Street Drainage Improvements. Phase III includes the construction of a storm sewer from US 52 to the Flexsteel Pump Station to improve the drainage of US52 north of Olympic Heights and the Olympic Heights area. Phase III should begin this summer. ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement and establishing the final contract amount. MAK/vjd Prepared by Deron Muehring, Civil Engineer cc: Gus Psihoyos, Assistant City Engineer Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 5200%4864 RESOLUTION NO. -01 ACCEPTING IMPROVEMENT Whereas, the contract for the Olympic Heights-US52-Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation) has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 1999 General Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of .,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, PubJicWorks Director FINAL ESTIMATE Address: 50 W. 13t" Street, Dubuque, IA 5200%4864 RESOLUTION NO. -01 Whereas, the contract for the Olympic Heights-US52-Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation) has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $70,205.91 and the said amount shall be paid from the Fiscal Year 1999 General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk City of Dubuque ENGINEERING DIVISION DATE: March 12, 2001 FINAL ESTIMATE FOR: Olympic Heights-US52-Jackson Street Drainage Imrpovements Phase II (Flexsteel Pump Station Augmentation) ITEM QTY. UNIT UNIT COST TOTALCOST Mobilization, Including Cofferdam 1.00 Fence Removal 122.00 Removal of Existing Slide Gate 1.00 Excavation, Unclassified 130.00 Trash Rack, Complete 1.00 Cover Plate, Complete 1.00 Concrete Cap 8.00 Concrete Walls 33.00 Manhole Frame & Cover, Complete 1.00 Chainlink Fence 54.33 Seeding & Fertilizing Electrical, Includes-the Following: 1.00 200 A 3 P HD Switch Combination Starter #3 100A Control Equipment Modify Existing Wiring Trench - conduit - wiring Install switch - Starter- Controls All other Miscellaneous Required Materials Extra Work Performed Rip-rap, 1-man Excavation, Unclassified Excavation, Unclassified 75.65 1.00 1.00 TOTAL DUE CONTRACTOR ENGINEERING TOTAL CONSTRUCTION COST t hereby certify that the~bove statement shows in detait the correct amount o}~"i~II w~rk [~ffCltY~red t,9 complete the above improvement. Michael Van Mill~gen, City ~anage-r City of Dubuque,Iowa The undersigned, , contractor for the above improvement, does hereby accept the above "Total Due Contractor", as full settlement for all claims for said improvement. CONTRACTOR:, ,~ ]),~' $13,000.00 $22.00 $600.00 $24.OO $600.00 $500.00 $440.00 $300.00 $400.00 $22.00 $2,000.00 $10,400.00 $13,000.00 $2,684.00 $600.00 $3,120.00 $60O.0O $500.00 $2,640.00 $9,900.00 $400.00 $1,195.26 $10,400.00 $21.00 $13,800.00 $2,880.0O $1,588.65 $13,800.00 $2,880.00 $63,307.91 $63,307.91 Michael A. Koch Public Works Director C TY OF DUBU( UE 'rOWA MEMORANDUM Mamh 6, 2001 TO: Michael C. Van Miliigen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Resignation of Commission Member Attached is the resignation of Long Range Planning Advisory Commission Member Steve Cooper, whose term expires July 1, 2001. On behalf of the Commission, I am asking that the City Council accept this resignation with regret, and that the City seek to fitl this vacancy as soon as possible. LC/mkr Attachment cc: Long Range Planning Advisory Commission DATE: March 1, 2001 TO: Long Range Planning Advisory Commission FROM: Ste~,,e Cooper RE: Resignation t~om commission I regret to inform you that I must step down flora the Long Range Planning Advisory Commission. I have accepted a position with the City of Cedar Rapids and will be moving out ofDubuque. R has been a pleasure working with all of you and I wish all of you the best in both your pea'sonal and professional endeavors. Sincerely, Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4221 Mamh5,2001 Victoria Rutson, Environmental Project Manager Office of the Secretary, Case Control Unit Surface Transpo~[ation Board 1925 K Street NW Washington, DC 20423-0001 RE: STB Finance Docket No. 33407 Dear Ms. Rutson: Please accept these comments from the City of Dubuque, Iowa, regarding STB Finance Docket No. 33407 and the Draft Environmental Impact Statement issued on September 27, 2000, for the proposed Powder River Basin Expansion Project of the Dakota, Minnesota, and Eastern Railroad (DM&E). It is our understanding that the DM&E Railroad is currently in the process of seeking federal Surface Transportation Board approval to construct 281 miles of new rail line, rebuild 598 miles of existing rail line, construction of a new track connection in Owatonna, Minnesota, and construction of new track in Mankato, Minnesota. The Powder River Basin Expansion Project is intended to provide access for a third mil carrier to serve coal mines in Wyoming's Powder River Basin, to transport coal eastward, and to increase the operational efficiency of DM&E's existing rail lines in Minnesota and South Dakota. ~1~le ~ Draft Environmental Impact Statement addresses the expansion of the DM&E Railroad along these routes, it does not examine the potential environmental impacts of the DM&E expansion along the I & M Rail Link. The I & M Rail Link has rail lines in Dubuque which we understand will be used to send coal to Chicago and Kansas City with the DM&E expansion. W'Fa'~ this.expansion, the number of trains using the DM&E rail lines, end other railways IRe the I & M Rail Link, will increase substantially. We understand that in Owatonna, the number of trains will increase from 3 DM&E trains per day to 37 trains per day. We understand that these coal trains will be a mile and a half long. Last year, the ! & M Rail Link increased the maximum speed limit for freight trains at grade crossings from 25 miles per hour to 40 miles per hob~r in Dubuque. The tracks through Dubuque run the length of our riverfront~ with adjacent land uses ranging from commercial and industrial to residential and recreational. With an increased number of trains of more than a mile in length traveling through Dubuque, we believe that our DM&E Railroad Expansion page2 community may experience significant environmental impacts. In addition to the increased train traffic, we believe there may be impacts from increased noise, vibration, We also have very serious concerns for safety, which we expressed to the I & M Rail Link when the railroad raised their maximum train speed through Dubuque. We believe that the significant increase in the number of trains, traveling through town at this higher speed, v~31 negatively impact the safety of our at grade mil crossings. We respectfully request that ~ SurPace Transportation Board prepare a new Draft Environmental Impact Statement, or prepare an amendment to this Statement~ that would include an environmental impact study of the entire I & M Rail Unk system, and that this new or amended Draft Environmental Impact Statement be opened to the public for comment. We appreciate your atter~on to our concerns, and hope that you will give full consideration to our request for a new or amended Draft Environmental Impact Statement of the impact on the I & M Rail Link from the DM&E Railroad's Powder River Basin Expansion Project. Michael C. Van Mittigen Ck'y Manager The Honorable Mayor and City Council Members Michael A. Koch, Public Works Director Laura Carstens, Planning Services Manager Mi~aeal~:~s ~ EXe Yard} Jackson SheldOn Jaaesville ;)avts Chillicothe System Map MANKATO AI~ COAL ~ COALITION P. 0, BOX 106 MANKATO, MN 56001 February 9, 200~ ~e.~' Po~c~n~ial ~[f~cts of :~/&E Railway Expansion on I~M Railway Co~idor As you ~ay know, the I~kota, ~tinsesota, and ~-~cern Railroad (~) is cu~ently in t~ pro.ss o~ see~ ~ed~ S~ace Transportation ~ard (~) approval to coat.ct 2~ ~les of n~ ralroad into Wlo~n~'s Po~er ~ver ~ ~in, ~ to up~e ~e c=r~t trac~ in ~uth ~ota and ~ta to ~le -~ft c~ t~ai~ (e~ abo~ 110 c~s 1~; ~th lnothe~ factor is the potential effect o£ increase in train traffic on the I&H Rail Link, both north and south o£ 0vatonna, ~. The Draft Environmental Y~apact Star.neat issued by the STB on September '27, 2000, has no re~erence to the potential effects of the DM~ Expansion along the I&M Railway, yet there may he siinificant ~n.vironmental impacts fr°m increased train traffic on this line ~hich ~ nearly abandoned a few years ago. If you have concerns for your city re~srding noise, vibration, diesel f,~s, ~aiety, and other negative environmental impacts as a result of thiS potential increased traific, please ~rite your concerns to the STB no ;later than March 6, 2001, vhich is the expixation date of the public comment period on the DEli. We suggest that it. would be appropriate for you to ask that a new DElS be prepared which would include an enviro-men~al impact study all along the I&M route, and that this ne~ DK[S be opened to the public for c~eut. lW!ease~:send, youc::~c~nt:s tel:the follO~ring address: corn~r:,oi the envelope: At~n:.:~ Victoria RtrCson ~ Enviromaen~al Pro~ eri; ¢l~nater~ Environment Fil~n~ If you have any questions please contact Roger P1ath at (507) 451 7690; You may call ¥ictoria llntsoa, STB,at 1-877-404-30~. There is a lon~ message about the pro~ect. If you wish, when message begins dial "0" to ~o to Operator and ask for Ms. Rutson, Remember, it is necessary to submit comment~ 6,: 200!~: ~i~ order for the STB to consider your request. Sincerely, OWATONNA COAL TRAIN COALITION ~TO AREA COAL.TRAIN COALITION CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager 2001 - 2002 Deer Management Plan Public Health Specialist Mary Rose Corrigan and the Environmental Stewardship Advisory Commission are recommending continuation of the City's Deer Management Program. On January 26, 2001, the Iowa Department of Natural Resources conducted an aerial survey which showed that the actual deer population did decrease slightly this year. During this year's season, there were 96 permitted bow hunters inside the City limits, and they harvested a total of 124 deer, and an additional 82 deer were taken in the zone which borders the City limits. This is a total harvest tha'ough this program of 206 deer. The City of Dubuque spent approximately $1,300 for the program this season, as compared to the Iowa City program where they spent approximately $170,000 to harvest 702 deer. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Mary Rose Corrigan, Public Health Specialist CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: M[ohael C. van MflJigen, \~i~ager FROM- ~iiY R0sl ~0rriga ,~RN~:PulIil iealtl Specialist SUBJECT: Amendment to Urban Deer Management Incentive Program As stated under the proposed Urban Deer Management Program that was submitted for Council, the incentive portion was pending Iowa Department of Natural Resources (IDNR) approval. Gil Spence and I discussed the incentive with Jim Jansen, IDNR Wildlife Biologist, who has been consulting with us on our program. IDNR will allow an increased number of "any sex" tags, however, they recommend not "earning" an any sex tag for every five does harvested, but continuing with the drawing program. Gil and I agreed with that proposal because it provides a reason for hunters to keep harvesting does because they are not "guaranteed" a buck tag. Therefore, the recommended incentive program for next year is the following: Draw for ten any sex tags on November t, 2001. For every adult doe shot, two chances will be given, for every fawn, one chance will be entered into the drawing. All hunters who shot deer would be eligible for the November drawing except for those who drew an any sex tag for the 2001-02 season at the meeting on March 12, 2001. At the end of the season, ten any sex tags would be drawn for the following season. Consequently, we would be making twenty any sex tags available each season beginning in 2002. MRC/cj CITY OF DUBUQUE, IOWA MEMORANDUM March 15, 2001 TO: Michael C. Van Milligen, ~,i~.~a~ager y 'g~[~, , ' ea FROM: Mar Rose Corn ~,,.,,,,--ublic H Ith Specialist SUBJECT: Amendment to Urban Deer Management Incentive Program As stated under the proposed Urban Deer Management Program that was submitted for Council, the incentive portion was pending Iowa Department of Natural Resources (IDNR) approval. Gl! Spence and I discussed the incentive with Jim Jansen, IDNR Wildlife Biologist, who has been consulting with us on our program. IDNR will allow an increased number of "any sex" tags, however, they recommend not "earning" an any sex tag for every five does harvested, but continuing with the drawing program. Git and I agreed with that proposal because it provides a reason for hunters to keep harvesting does because they are not "guaranteed" a buck tag. Therefore, the recommended incentive program for next year is the following: Draw for ten any sex tags on November 1, 2001. For every adult doe shot, two chances will be given, for every fawn, one chance will be entered into the drawing. All hunters who shot deer would be eligible for the November drawing except for those who drew an any sex tag for the 2001-02 season at the meeting on March 12, 2001. At the end of the season, ten any sex tags would be drawn for the following season. Consequently, we would be making twenty any sex tags available each season beginning in 2002. MRCtcj March 14, 2001 Honorable Mayor Terrance M. Duggan & City Council Members City Hail 50 West 13th Street Dubuque IA 52001 Dear Mr. Mayor and City Council Members: The Environmental Stewardship Advisory Commission is recommending continuation of the City of Dubuque's Urban Deer Management Plan for the 2002 season. The results of the 2001 aerial survey and the number of deer taken indicate that the area bow hunters harvested a significant number of deer, and have significantly curtailed population growth. However, the overall population continues to exceed levels commonly accepted as excessive for urban areas. RECOMMENDATION The Environmental Stewardship Advisory Commission recommends that the City Council continue with its Urban Deer Management Plan, utilizing bow and arrow hunters within the city limits, and authorize City staff to work with the Iowa Department of Natural Resources to continue Dubuque's Urban Deer Management Plan this Fall. We also recommend that the City Council request 650 deer licenses, as recommended by staff, for the city and county zones (above the current 500 for a total of 650.) Sincerely, Michael Buelow, Chair Environmental Stewardship Advisory Commission CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 ?O: Michael C. Van Milligen, ?t~ Man~ager FROM: Mary Rose Corrigan?~'~, Public Health Specialist SUBJECT: 2001 - 2002 Deer Management Plan INTRODUCTION This memorandum provides a report of the 2000 - 2001 City of Dubuque deer management program and a staff recommendation regarding the continuation of the program. BACKGROUND The City of Dubuque first began its urban deer management plan with the pilot program at the Sisters of Mount Saint Francis property in 1997. Following that pilot program, the Environmental Stewardship Advisory Commission recommended a citywide bow and arrow hunt to reduce the deer density within the city limits. The Iowa Department of Natural Resources provided aerial surveys and consultation for the 1998~1999, 1999-2000, and 2000-2001 deer hunting seasons. DISCUSSION On January 26, 2001, the Iowa DNR repeated the aerial survey. The results of that survey, along with the 1998 and 1999 results are attached. Comparisons of actual deer counted show that the population decreased slightly this year. Jim Jansen, Wildlife Biologist with the Iowa DNR, conducted the aerial survey and stated although the survey was steady, road kills were up by 31%. Weather conditions, hunting pressure, and other circumstances can cause some variability in the aerial survey. Forty-two road kill deer were picked up by the Operations & Maintenance Department in 2000 (32 in 1999 and 54 in 1998.) This year's hunt must be evaluated while looking at previous years and future projections. If no hunt had been conducted, the population would have increased by approximately 33% annually, as demonstrated by the attached graph. This graph also projects what the population would be next year if the City had not done any deer management the last three years. Potential areas which have not been hunted in the city are being analyzed with hunters and property owners. Strategies to improve the harvest utilizing these areas will be studied before the start of the next season. in comparison, Iowa City used sharpshooters for their urban deer management the past two years. Seven hundred and two deer were harvested in the two seasons at a cost of $168,000, plus approximately $26,000 for processing. The City of Dubuque spent approximately $1,300 for the total program each season, not including staff time. During this year's season, there were 96 permitted bow hunters inside the city limits, and they harvested a total 124 deer for a 49% success rate (71% last year.) All allotted 250 licenses were sold for hunting within the city limits. In the zone outside the city limits, where any legal weapon can be used, another 247 licenses were sold with an estimate of 82 deer taken with these licenses. The total estimated harvest from the Dubuque managed hunt was 206 deer. Although most of the deer were taken south of Highway 20, excellent habitat combined with private refuges make this area more difficult to impact. Of the five urban deer managed bow hunts in Iowa, Dubuque harvested the most deer and has the highest success rate. Jim Jansen stated this is partially due to the aggressive buck incentive and few limitations put on the hunt. It is also due to our good group of bow hunters who are dedicated to the program and who generate few citizen complaints. With the assistance of Leisure Services Department staff facilitating the hunting scheduling, record keeping, and communication with participants, this year's hunt went very smoothly. Four complaints were received and all were investigated. Most of the complaints were inquiries from citizens or miscommunications between property owners and, therefore, the complaints were not substantiated. Leisure Services Department Manager Gil Spence and I will once again be recommending continuation of the urban deer management program as was conducted this year. The Environmental Stewardship Advisory Commission's recommendation is attached. RECOMMENDATION It is recommended that the City Council review the results of this year's urban deer management program and continue with the attached plan for the 2001-2002 hunting season. The City also must request special zone deer hunting tags from the Iowa Department of Natural Resources Commission. CITY COUNCIL ACTION Approve the attached urban deer management plan and direct staff to forward it to the Iowa Department of Natural Resources Commission for their approval and issuance of special deer tags. MRC/cj CC: Michael Buelow, Chair, Environmental Stewardship Advisory Commission Gil Spence, Leisure Services Department Manager Klm Wadding, Police Chief Dan Brown, Fire Chief Don Vogt, Operations & Maintenance Manager Paul Horsfall, Water Pollution Control Plant Manager Jim Jansen, IDNR CITY OF DUBUQUE DEER MANAGEMENT PLAN 2001-2002 Season Prepared by: Environmental Stewardship Advisory Commission & City Health and Leisure Services Departments Approved by: Dubuque City Council The City of Dubuque's first urban deer harvesting project ended January 10, t 999. The hunt was part of the City's overall urban deer management plan, recommended by the City's Environmental Stewardship Advisory Commission, and approved by the City Council and the Iowa Department of Natural Resources. Attached is a chart detailing the results of previous hunts and deer surveys. Aerial deer surveys were conducted in each year since 1998, and most recently on January 26, 2001. It can be assumed that each year the population of deer surveyed increased by approximately 30%. This means that the number of fawns born during the summer increased the pre-hunt fall population. The 2001 aerial survey counted 361 deer, indicating a slight decrease from the 2000 survey. The area south of Highway 20 appears to have the highest densities. The City is requesting a total of 500 tags, 200 more than the previous year. During the 2000-2001 hunt, forty-two hunters harvested at least one deer, one hunter harvested fifteen deer, one hunter took ten deer, two hunters harvested ten deer each, one hunter took nine, one took five and four hunters took four deer each. Five buck (any sex) tags were given out from the lottery held November 1st. Hunters who had harvested a doe by that time were eligible for one of the buck tags. An additional five any sex tags were drawn in March, 2001 for the following Fall hunt. This any sex tag will continue during the 2001-2002 season. The following goals are recommended for the 2001-2002 season. 1) 2) Limit deer population within defined areas of the city of Dubuque below 20 deer per square mile; Provide public education regarding deer, their habitats, impact on natural habitats, deterrents, and population management, cost of property damage if nothing is done, and potential health risks to the citizens of Dubuque and the deer herd resulting from large deer population. Recommended Management Plan Recommended is a controlled bow hunt inside the city limits and gun and bow hunting in a special zone around the city with a total of 650 deer license tags available. The objective of the hunt is to reduce the deer herd, not to provide recreational hunting opportunities. The proposed bow hunt would coincide with the Iowa deer hunting seasons, October 1, 2001 through January 10, 2002 (these dates are set by Iowa Department of Natural Resources.) All licenses would be issued for antlerless deer only, or for bucks under the incentive program within the city of Dubuque. City Areas. The City will designate publicly owned lands for hunting and allow hunting on private property of a minimum of three acres with the owner's permission. The public areas for hunting include: Eagle Point Park (47 acres) Bunker Hill (138 acres) Veterans Memorial Park (69 acres) FDR Park (200 acres) Land adjacent to the Water Pollution Control Plant and the Mines of Spain Land south of Fremont Avenue bridge following creek and railroad bed (23 acres) Hunters would be responsible for obtaining permission from private landowners. Adjoining landowners could combine their property to create a 3 acre plot. Hunters would have to maintain a distance of 150 feet from any property line or occupied building, and 75 feet from any unoccupied building, street or trail. Ail hunters would be required to pass a proficiency test and present a valid International or Bow Hunter Safety Course Certificate. Hunters will also have to be instructed on the special rules and regulations for hunting inside the city limits, including the following: maintaining a minimum distance from residential areas and property lines reporting numbers of shots and/or deer harvested reporting specific areas and times/day of hunt register all deer harvested Incentives. As an incentive for hunters, a hunter will be given the opportunity to "earn" an any sex tag if they harvest five antlerless adult deer. At the end of the season, any hunters who harvested a minimum of one antlerless deer, and up to four antlerless deer, would be eligible for a drawing at the end of the season for an any sex tag to be used during the following season. This drawing would be similar to previous years which allows two chances in the drawing for adult does and one chance for fawns harvested. This incentive program will be subject to the number of "any sex" tags the IDNR will allow. Administration of the program. The program would be administered by the City's Health and Leisure Services Department staff with the assistance from IDNR. Evaluation. Deer hunters will be required to check in the deer harvested at the City Fire Headquarters, 9th Street and Central Avenue and report where they shot their deer. It is the intent to keep all public areas open during the controlled hunt if winter recreational use is permitted. The City of Dubuque parks are closed during the winter, however, recreational use is allowed. The parks will have special hunting times prior to the later part of October to accommodate both hunters and those using them for recreational use. Any complaints regarding the hunt will be compiled and handled by the City and IDNR staff. It is also recommended that the City continue to pay half of the cost of the aerial survey in order to evaluate the effectiveness of Urban Deer Management Plan (approximately $600 - $700.) CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 · TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager FY 2001 Annual Action Plan ~ Amendment 4 Acting Cormnunity and Economic Development Director Pam Myhre is recommending approval of the proposed changes in the City's Community Development Block Grant (CDBG) FY 2001 Annual Action Plan to allow the City to expend funds for additional improvements to Flat Iron Park. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCXrM/jh Attachment cc: Barry Lindaht, Corporation Counsel Pamela Myhre, Acting Community and Economic Development Director 'd 'enbnqn~ CITY OF DUBUQUE, IOWA TO: FROM: SUBJECT: March 12, 2001 Michael Van l~nlligen, CiW Mana~ P~e2h00Mjhre,Annu~Cting~t~ufffft~ and Econo~[!~ DeveloAct~on Plan- Am~dment 4 pment 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 additional improvements to Flat Iron Park. Non-Substantial Amendment Leisure Services is requesting additional CDBG funding for improvements to Flat Iron Park. In December, the Commission and Council approved funding of $110,000 for the renovation of the park on Main and Jones Streets. The initial funds were to provide for historic lighting, sidewalk replacement, benches, grill, flagpole and play equipment. Additional funding of up to $24,900 is being requested to fund a water fountain and additional historic lights in the park. This amendment would further reduce the contingency to $130,738. The Citizen Participation Plan states a substantial amendment is any change in the use of CDBG funds from one eligible activity to another in excess of $25,000 in one program year. Since the funds requested are less than $25,000, the proposed amendment is non-substantial and can be adopted by resolution of the City Council following review and recommendation of the Community Development Commission. The Community Development Advisory Commission reviewed the proposed amendment at a public hearing on Thursday, March 8, 2001. There were no public comments regarding the request. By a vote of 5-1, 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 4 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 funds for additional improvements to Flat Iron Park. 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 4 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 fried with the U.S. Department of Housing and Urban Development an Annual Action Plan for Fiscal Year 2001 ( Program Year 2000); and Whereas, the City has previously amended the Annual Action Plan on August 21, 2000, December 4, 2000, and March 5, 2001; and Whereas, the City now desires to amend said Annual Action Plan to allocate funds as per the attached Exhibit A; and Whereas, said amendment is a non-substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after review by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on March 8, 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 TI-I~ CITY OF DUBUQUE, IOWA: Section 1. That Amendment 4 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 19~ day of March, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Amendment No 4 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 Proposed Activities/Costs Activity Name National and Description Objective Implementing Original Amendment Change Agency Statement Neighborhood Park Low/Moderate Leisure $160,000 $184,900 + $24,900 Improvements Income Services Dept Contingency $155,638 $130,738 -$24,900 This amendment will reallocate $24,900 of contingency funds for additional improvements to Flat Iron Park_ CITY OF DUBUQUE, IOWA MEMORANDUM March 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Renewal of Section 8 Program Contracts Housing Serv/ces Manager David Harris is requesting authorization ora renewal of the HUD Moderate Rehabilitation Program Annual Contributions Contract for expiring Section 8 Moderate Rehabilitation Program units. 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 G3At303U CITY OF DUBUQUE, IOWA MEMORANDUM 14 March 01 To: Mike ~a~ Milligen, City Manager Re: Renewal of Section 8 Program contracts Introduction The purpose of this memorandum is to request the City Counc'fl's author'~zation of a renewal annual contn~but'lons contract with the US Department of Housing and Urban Development (HUD) for expiring Section 8 Moderate Rehab'flitation Program units. Discussion We received HUD funding awards for Moderate Rehab'flitation Program (project-based) Section 8 units, in 1981 and 1982, for programs IA05-KO87-001 and IA05-KO87-002. These were 15- year contracts, for a total of 117 units. These unit contracts began expir/ng in 1996; most have been converted to vouches (tenant-based assistance) since that time. However, the I-IUD regulations do allow an owner to annually renew project-based contracts, for buildings with four or more units. Owners of one project each, under contracts K001 and K002, have annually elected to renew, for six and four units, respectively. The HUD annual contribution contracts have again come due and I-1LrD has offered us the opportunity to renew them again this year. Action Step The action requested of the Council is to authorize the Mayor's execution of the attached Moderate Rehabilitation Program Annual Contributions Contract, for programs IA05-KO87-001 and IA05-KO87-002, for another 12-month renewal. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 Moderate Rehabilitation Program Annual Contributions Contract TABLE OF SECTIONS I. 1 THE PROGRAM .................................................................................................................................... 1 1.2 AUTHORIZATION OF ACTIONS BY HA .............................................. ~. ............................................ 1 1.3 FUNDING AND TERM ......... : ............................................................................................................... 1 1.4 ANNUAL CONTRIBUTIONS ............................................................................................................. 2 t.5 HUD PAYMENTS FOR MODERATE REHABILITATION PROGRAM .............................................. 2 1.6 FISCAL YEAR ...................................................................................................................................... 3 1.7 PERIODIC ADJUSTM]ENT OF CONTRACT RENTS ........................................................................... 3 1.8 EXPEDITIOUS CARRYING OUT OF PROJECT .................................................................................. 3 1.9 ASSISTANCE TO ELIGIBLE FAMIL1]ES WHEN CONTRACTS ARE TERMINATED ....................... 3 1.10 RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT ........................................................... 4 1. I I HUD REQUIREMENTS ........................................................................................................................ 4 1.12 EXCLUSION OF THIRD PARTY RIGHTS ......................................................................................... 4 1.13 ACC .............................................................................................................................................. 4 Annual Contributions Contract Moderate Rehabilitation Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing "IF ACC PART I t.1 THE PROGRAM (a) PROJECTS IN PROGRAM (I) The HA's Moderate Rehabilitation Program under this ACC includes all projects listed in the funding exhibit attached to this ACC Part L (2) The HA. to the maximum extent feasible, shall enter into Agree- ments and Contracts in accordance with the numbers and sizes of units in each project specified in the funding exhibiL No substantial deviation as defined by HUD from the bedroom distribution or number of units in each project is allowed without prior HUD approval. The HA shall not enter into any Agreements or Contracts or take any other action which will result in a claim for an Annual Contribution in respect to any project in excess of the maximum amount authorized for that project. Cb) The term "HA" means the Housing Agency which has executed this ACC. (c) The term "HUD" means the United States Department of Housing and Urban Development. (d) The term "project" means each funding increment in the HA Moderate Rehabilitation Program. 1.2 AUTHORIZATION OF ACTIONS BY HA In order to carry out the project, the HA is autho- rized to (a) enter into Agreements, (b) enter into Contracts, (c) make housing assistance payments on behalf of Families and (d) take all other necessary actions, all in accordance with the application, forms, conditions mtd requirements prescribed or approved by HUD. However, neither the HA nor HUD shall assume any obligations beyond those provided in the pre- scribed forms of Agreement and Contract. 1.3 FUNDING AND TERM (a) The projects (funding increments) in the HA Moderate Rehabilitation Program are listed in the funding exhibit to this ACC. The funding exhibit states the amount and term of funding f9r each project. cb) The amount of contract and budget authority for each project in the HA Moderate Rehabilitation Program is stated in the funding exhibit. "Contract authorily" is the maximum annual payment by HUD to the HA for a project "Budget authority" is the maximum amount of funds available i'br payment lo the HA over the term of the project. Budget authority is authorized and appropriated by the Congress. (c) The funding exhibit states the first date and last date of the ACC term i'br each project. ACC Part 1: Section 8 Moderate Rehabilitation Program (d) By giving written notice to the HA, HUD may revise the funding exhibit to add budget authority to an existing project (funding increment), to add a funding increment, or to remove a funding increment for which the ACC term has expired. The HUD notice must include a revised funding exhibit, specifying the term and budget authority for each funding increment under the ACC. The HUD notice of a revised funding exhibit constitutes an amendment of the ACC. 1.4 ANNUAL CONTRIBUTIONS 1.5 (a) HUD shall not make any Annual Contributions or any other payment with respect to any Fiscal Year for a project in excess of the contract authority for the project specified in the funding exhibit. However, this amount shall be reduced commensurately with any reduction in the number of Contract Units or changes in unit sizes or pursuant to any other provision of this ACC or the Contracts. (b) The total amount of payments for a project over the project term must not exceed budget authority for the project specified in the Funding Exhibit. HUD PAYMENTS FOR MODERATE REHABILITATION PROGRAM (a) (b) (c) HUD will make payments to the HA in accordance with HUD regulations and requirements. For each HA Fiscal Year, HUD will pay the HA the amount approved by HUD to cover the following (subJect to reduction by the amount of any Project Receipts other Ihan Annual Contributions (such as interest income) which Receipts shall be available for Project Expenditures): (1) The amount of housing assistance payments payable during each Fiscal Year by the HA pursuant to Contracts with owners. (Such payments may not be made for more _than 15 years for any unit.) (2) The allowance, in the amount approved by HUD~ for the costs of adrmnistration, including costs of HUD required audits of Owners and the HA. (1) A ProJect Account shall be established and maintained for each project under this ACC, in an amount as determined by HUD, out of amounts by which the contract authority for the project exceeds amounts paid under the ACC for the project for any fiscal year. This account shall be established and maintained by HUD as a specifically identified and segregated account. To the extent funds are available in this accoun.t, the maximum amount payable by HUD for any Fiscal Year may be increased by an amounl, if any, as may be required for increases reflected in the estimate of required Annual Contribution applicable to lbrrn HUD 52520 Mod Rehab (10/99) Page 2 of 5 page~ ACC Part I: Section 8 Moderate Rehabddalion Program (d) the Fiscal Year as approved by HUD. HUD will make periodic payments on account of each project upon requisition by the HA in the form prescribed by HUD. Each requisition shall include certification by the HA that housing assistance payments have been or will be made only: (2) In accordance with the provisions of the Contract. and (e) With respect to units which the HA has inspected or caused to be inspected and determined to be in decent, safe and sanitary condition, within one year prior to the making of housing assistance payments. FolIowing the end of each Fiscal Year, any amount by which the total payments made during that Fiscal Year exceed the Annual Contribution payable in accordance with this section will be subtracted from the next payment made by HUD to the HA, unless other disposition is approved or required by HUD. 1,6 FISCAL YEAR 1,7 The funding exhibit states the last month and day of the HA Fiscal year. PERIODIC ADJUSTMENT OF CONTRACT RENTS The Contract will provide for periodic adjustments in the Contract Rents. m accordance with applicable HUD regulations, up to the maximum amount authorized lk)r housing assistance payments in the HUD approved estimate submitted by the HA 1.8 ASSISTANCE TO ELIGIBLE FAMILIES WHEN CONTRACTS ARE TERMINATED 1.9 When the Contract for any umt(s) is terminated for any reason, leaving budget authority avadable under this ACC, the assisted family(les) if eligible for continued assistance, or other eligible family(ies) if the unit(s) is vacant, may continue to receive housing assistance for the remainder of the ACC term in accordance with HUD regu- lations by the use of the Moderate Rehabilitation funding for Rental Voucher assistance RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT The HA is responsible for administration of the Contracts, subject to review and audit by HUD. 1.I0 HUD REQUIREMENTS (a) The HA must comply, and must require owners to comply, with the requirements of the U.S. Housing Act of 1937 and all HUD regulations and other requirements, including any amendments or changes in the law or HUD requirements. The HA must comply with its HUD- approved administrative plan, equal opportunity housing plan and HUD- approved program funding applications. (c) The HA must use the program forms required by HUD. 1.11 EXCLUSION OF THIRD PARTY RIGHTS A family that is eligible for housing assis- tance under this ACC is not a party to or third party beneficiary of the ACC Nothing in the ACC shall be construed as creating any right of any third party to form HUD 52520 Mod Rehab (10/99) Page 3 of 5 pagc~ ACC Part 1: Section 8 Moderate Rehabilitation Program 1Ag enforce any provision of this consolidated ACC. or to assert any claim against HUD or the HA. ACC (a) The ACC is a contract between HUD and the HA. (b) The ACC consists of this Part I, including the funding exhibit, and Part II (Form HUD 52520 C (Supp)(10/79)). These documents are the whole ACC. (c) This ACC supersedes any previous annual contributions contract for a program. Matters relating to funding or operation of the program under a previous annual contributions contract are governed by this ACC. form HUD 52520 Mod Rel'*ab (I0/99) Page 4 of 5 pages ACC Part 1: Section 8 Moderate Rehabilitation Program SIGNATURES: HOUSING AGENCY Name of Housing Agency City of Dubuque Housing Services Dept. Signature By: Terrance M Duggan, Mayor Print or type the name and official title of person who signs Date signed UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature Date signed By. Bernice C. Unland, Director Section 8 FMI2 Print or type the name and official title of person who signs form HUD 52520 Mod Rehab (10199) Page 5 of 5 pages PO(;: Jo~ Be~er, Teie: 3~9~794-~38~ o~ Er~jC~eers A~plk:~nt: Peavey CEM~-OD-P-405040 Da~: Y~rch 12, 2001 Expi~s: April I. 2001 Sec~on I0 4200 P,;,d?.a Odve, Dubuque. ;owa 52001 2. Proje, m LOCatiOr,. Mississ~p~ R~ver, dgb, t ba,~k, apg~xim~-e ¢;ver rr,~Ie 580.3. in Section t9, Towns~rJ 89 North, P~'~ge $ E~t, Ln Dub~:que, Du~ Count, k~vz. 3. P,~jem ge~m~p~. The ~pSca,~t p~o~oses to ~d an e~s:n~ ~.m~r~ ~ng ~ ~ the ~5~ R~n The p~s. ~e new ~ ~d~re ~ be ~ed ~¢~ ~j~t to ~ ~d~ ~, Agency Rev~w. a. gep~'t~,e~{ of the Anmy. Co .fps of EngJ,~ers, T, qe Deps,%me. qt of the A,rmy app~cat~o~ is being p~ocessed under prcMs~,s of SemJon 10 of ~ RNers as<¢ Ne~ors Am of 1899 r33 U.S.C. 403). State of tz~cza. A copy of the appIi-~tion h~s ~n s~ ~ S~ ~o~ D~nt of Nat~i R~Jr~ ~r rev~w, The ~is ~mat *¢411 have "no effect" on h~ofc pro-~e~es t~ed on, or ¢~ji~ for ~ist~ng on. the National Re~,ster of Historic P~aces. 7. P~bSc ~ntere~ Re~4ew. The decision vche~ to ~ the ~¢ pr~ a~ ~on ~ ~m~n~ ~r~. The ~t ~ WhO SbouId Rep~y, The Coc~ of Engineers is so{idting comments ~om the oub~ Federal state, and i~ age,qdes and 9. P~ Hea,~n~ Req;~es~,s, ~y pe~ may request ir~ w:'%,~n~, w~n the corem, etd oer~od speckled ~ ~is ,qo~ce. ~hst a pubi~c ~,~,~ be ~eId to ~er ~his ~p~tkm. Requests for ~ub~ic ;qea~r~s sfm~ state w;th pa~icu~snty, the ~essons for bo~d~9 s p=~c headn~, A req~es~ may be der~ied if subst~n~iYe reasons Cot hoId~cj ~ ~es.-~ are ~ot ~ro~ded, 10. Rep{y ~ the Corps, Co~nm~ts concern;-ng ~e ~ps pe~f~ sh~d ~ ~dm~d ~ the ~ 5~s~. US A~y ~ of john G. ~etker ReGu!~.ory Bra,nda REQUEST TO POSTM¢,~, F-;{S: Please post this no~ce consp;cu~y acd coe,~i~uo"~y und: E~.e expiration date s~edf, ed at De top of ¢~e 1. NOTIC~ TO EDITORS: Th~s ¢,odce ~s o¢ovided ss b~c~<ground g~a~on for your use i~ forma~;n~ news stones. This noSce is ~o~ s co,qtrs~ for ~4ed d~sDIsy ~dvem~sing, V~C~NFfY A,'~ A_P [JST OF ADJACEN~ PROPERTY OWNERS NO. NA;~E ADDRESS F{ynn Ready M~x E. 12'~ S~J'eet, Dubuque, IA 52001 H~ M~-~aI Hand[[n~, lilt Pud~ D~ve, Du~.~ue, ~ 52001 CENCR FORM 427 PROJECT DESCRiPTiON: Cement Platform and Bank Protection Peaw Co. - Du~dque, tA LOCATION: M~s~ssippi R~ver, take Peos+~ Channe~ R~ver M~le 5803 Dubuque, IA SHEET OF '~'ENCR FOR~ 428 C~05~ 'Crdss SectiOn ~he~t 2 of 3 PROJE~ DESCRiPTiON: Cement P~atform and Bank Prot~on Peary Co. - Dubuque, tA LOCATION: Miss.~ss~ppi PJver, Lake Peosta ChanneI River MiIe S80.3 Dubuque, IA US ARMY CORPS OF ENGINEERS SHEET OF CENCR FORM 428 D~ca,tion of= proposed dock ex*~ension. Looking nod~west a!ong bank of Lake Peosta Channel. (photo taken 2/8/01) PROJECT DESCR)PT)ON: Cement Piati=orm and Bank Protection Peavy Co. - Dubuque, :lA LOCATION: ~[ssissippi River, Lake Peosta Channei River Mile 580.3 Dubuque, tA SHEET OF Cg~"M~R-405040 Location Picture 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. 8th Inning LLC Arcon, Inc CLASS "B" (6 MONTH) BEER PERMIT 8th Inning+(Sunday/Outdoor Sale) CLASS "C" BEER PERMIT Arby's Q Mart+(Sunday Sale) 1 Admiral Sheehy Dr 10 S Main St Passed, approved and adopted this 19th 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. CLASS"C" BEER/LIQUOR LICENSE Lana Kaye Lugrain P.J: Tap+(Sunday Sale) 500 Rhomberg DBQ Racing Association DBQ Greyhound Park/Casino+(Sunday/Outdoor Sale) 1855 Greyhound Pk Davey Robertsons Public Bar The Busted Lift+(Sunday Sale) 180 Main St DBQ Order of Eagles #568 Eagles Club # 568+(Sunday Sale) 1175 Century Dr Kathleen Baumgartner Kat's Pub+(Sunday Sale) 1689 Elm St Knights Of Columbus # 510 Knights of Columbus Council # 510+(Sunday Sale) 781 Locust St Passed, approved and adopted this 19th day of March, 2001 Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk