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2001_01_02 City Council AgendaCITY OF DUBUQUE AGENDA TUESDAY, JANUARY 2, 2001 SPECIAL MEETING WITH HISTORIC PRESERVATION COMMISSION 5:00 P.M. CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Deacon Bill Mauss, St. Anthony's Catholic Church PROCLAMATION Martin Luther King, Jr. Days (January 14 and 15, 2001) Prodamation.tif CONSENT ITEMS (SEE PAGES 3-6) The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. BOARDS/COMMISSIONS Appointments to the following Board: Housing Code Appeals Board (3 terms expiring 1/11/04): William J. Kinsella; Robert Schaub; Edward A. Swift Bci and Comm Bd and Comm u~tif Apps.~f PUBLIC HEARINGS SUSPEND THE RULES Oak Meadows Second Addition - Request to Vacate Proof of publication on notice of hearing to consider disposing of interest and to vacate easements over Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition at the request of Jim Stock Realty & Construction. RESOLUTION Disposing of City interest and vacating a 20-foot wide water main easement and 5 and 10-foot wide utility easements over Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Oak Meadows - MV Oak Meadows - "Oak Meadows - Memo Staff Memo Map.tit" "Jim Stock "Exhibit A and Letter.tiff' B.tif" REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS City Council Appointments City Council appointments to the Dubuque Racing Association (currently Mayor Duggan and Council Members Buo[ and Markham); Operation: New View (currently Council Members Robbins and Cline); and various Boards and Commissions. Suggested Disposition: Council Appointments DRA Let~er.tif New View Letter,tif Iowa League of Cities Conference City Manager recommending approval of a bid package for the Iowa League of Cities 2004 Annual Conference and designating a liaison to the Iowa League. Suggested Disposition: Receive and File; Concur Iowa League - MVM Memo m Town Clock Plaza - Alternative Street Designs City Manager recommending that the City Council hold a worksession on January 15, 2001 to review information and provide input on the Town Clock Plaza design alternatives. Suggested Disposition: Receive and File; Council Direction Town Clock Plaza - Town Oock Plaza MVM Memo - Staff Memo Bunker Hill Golf Course Operation City Manager recommending approval of a change to the operational structure at Bunker Hill Golf Course. Suggested Disposition: Receive and File; Concur Bunker Hill - MVM Bunker HiJll - Staff "Bunker Hill Memo Memo Chart. TIP' COUNCIL MEMBER REPORTS CONSENT ITEMS Minutes Submitted Building Code Board of Appeals of 12/14; City Council Proceedings of 12/18; Civil Service Commission of 12/7; Community Development Advisory Commission of 9/12, 10/17, and 11/21; Five Flags Commission of 11/20 Proof of Publication of Council Proceedings for 11/29 and 12/4 Suggested Disposition: Receive and File Bldg Code Board City Council Civil Service CDAC of 9-12 CDAC of 10-14 CDAC of 11-21 Five Flags Notice of Claims/Suits Matthew Germain in undetermined amount for vehicle damage; Ed Kruse in estimated amount of $153.17 for vehicle damage; Ellen Zelinskas in estimated amount of $653.$5 for vehicle damage; Gary and Susan Reiter in estimated amount of $160.70 for vehicle damage Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation Corporation Counsel recommending settlement of the claim of Wade Pilcher in the amount of $58.30 for towing charges. Suggested Disposition: Claim.tif Receive and File; Concur; Finance Director to Issue Check .= Monitoring Wells at 925 Kerper City Manager recommending approval of a request from IT Group to install four new groundwater monitoring wells on City property adjacent to 925 Kerper Boulevard. RSEOLUTION Authorizing license agreement between the City of Dubuque, Iowa and Midamerican Energy Company to install monitoring wells on public right-of-way in the vicinity of 925 Kerper Boulevard Suggested Disposition: Receive and File; Adopt Resolution Wells - MVM Memo Il'- Staff Memo 1T - Resolution "TI- Map.tiff' IT Group Agreement.tlr IDOT Project Agreement - Northwest Arterial, Phase IV City Manager recommending approval of an agreement between the City and the Iowa Department of Transportation relating to construction of a recreational trail to be graded as part of the Northwest Arterial, Phase IV extension to US 52. RESOLUTION Approving cooperative agreement with the Iowa Department of Transportation relating to the grading for a recreational trail as part of the construction of the Northwest Arterial Extension from John F. Kennedy Road to US 52 Suggested Disposition: Receive and File; Adopt Resolution IDOT - MVM Memo IDOT- Staff IDOT- Resolutio IDOT Memo Agreement.tlr Klingenberg Terrace Retaining Wall Reconstruction Project - Acceptance City Manager recommending acceptance of the Klingenberg Terrace Retaining Wall Reconstruction Project in the final contract amount of $318,626.99. RESOLUTION Accepting improvement RESOLUTION Approving final estimate in amount of $318,626.99 Suggested Disposition: Receive and File; Adopt Resolutions 10. Business Licenses RESOLUTION Granting issuance of license to sell Cigarettes and Cigarette Papers to Walgreen's RESOLUTION Granting issuance of Class B Beer Permit to Godfather's Pizza and Class C Beer Permit to IOCO Speede Shoppe RESOLUTION Granting Class B (Hotel/Motel) Beer Liquor Permit to Hoffman HOL,~e and Class C Beer Liquor Permit to The Ryan House, Ten Pin Tap, and Breezers ~b Suggested Disposition: Receive and File; Adopt Resolutions Cigarette Beer ResoJution Uquor Resolution Resolution 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 our comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c) Jeanne F. Schneider 1:00 p.m. December 28, 2000 VA CANCIES AND APPLICATIONS FOR CITY OF DUBUQUE BOARDS AND COMMISSIONS For Council Meeting of TUESDAY_. Janua~. 2. 2001 6:30 P.M. Public Libra~_ Auditorium APPOINTMENTS TO THE FOLLOWING BOARD TO BE MADE A T~ THIS MEETING. HOUSING CODE APPEALS BOARD 3 Three-year terms which will expire 1-11-04 (Terms of Kinsella, Schaub & Swift) 3 VACANCIES APPLICANTS: William J. Kinsella, 2 Julien Dubuque Dr. #22, 52003 Robert Schaub, 1745 Embassy West #2, 52002 Edward A. Swift, 2060 W. Third St. 52001 of Du ue Boards and Commissions AIRPORT ZONING BOARD OF ADJUSTMENT 0 Year Term - Meet on Call (Apptd.) James Bauerly (CibJ) 02-15-01 Vicki Bechen (City) 02-15-01 Dadene Surds (Count~) 02-15-01 Rcn Koppes (County) 02-15-0I L~oJ~p_ ____~OARD OF AI~P~!~LS. BUILDING CODE Appt. 3 Yr. Term - Meet on Call (Gen. Conf.) 05-01-00 Chuck Cart (Al Large) 08-01-00 Ronald D. Jahns (Jmy Carp.) 084)1-01 F. James Kolf (Arch/Engr.) 05-01-01 StavenJ. G~denkauf (AtLarge) 08-01-02 John F. Ganshirt 01-01-01 Ruth Ann Hanson 01-01-01 Donald Lochger 0f -01-04 Robert Schauh 01-01-05 Grog HUtchinson 01-01-05 CIVIC CENTER COMMISSION Appt. 3 Yr. Term - Meet 4:30 p.m. 3rd Monday at Five Fstgs L CIVIL SERVICE CO M MI_S.~ION Appt. 4 Yr. Term. Meet on Call ..~1 Mede J. DUehr, Jr. 04436-01 Thomas Wainwright (At Large) 02-15-03 $ Year Term; Meet Every 3 Months *James Dixon (EJec. con) 05-21-02 Dan HammeJ (JourJMaint) 05-21-02 Kevin Pfohl (Jour/tVrain) 05-21-02 David A. Pregler (At Lg) 05-21-02 EIaine L Reiss/EJec. Engr.) 05-21-02 ENTERPRISE ZONE COMMISSION I $ Year Term Meet On Call ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION - 3 Yr, Term Me~t 1st Tues. 4:00 p.m. City Hall Annex thiana Tully (Youth) 06-01-01 INVESTMENT OVERSIGHT ADVISORY Steven Augspurger 07-01-01 Edmund J Vandermiiien 07-01-01 Mary L. Strcm 07-01-01 J. L FeJderman 07-01-01 4/7/95 Dock Bd. Deleted Leonard Rhomberg, Jr. (Master) 11-02-99 Paul Papin (Jrnyman) 11-02-00 (At Large) 1 ~ -02-00 (B.S.Degree) 11-02-01 Stanley G. Gonner {Master) f 1-02-02 lT~eT~-nnRA'~e~Tt%?cAl~°nt--RD~h~;'T2Rnl~l'hl~uErsS'Li3brYar~3" I Crsig Schaefer ~5-01 Michael W. Pratt 06-30-01 Ronald Tlgges 05-30-02 Walter Webster 08-30-02 Paul R. Nohl 06-30-01 Anthony Allen 06-30-02 David A. Wanamaker 05-30-02 Sr. Carol Hoverman 06-30-02 3 Yr. Term, Meets 1st Wed. 6;30 Library *Eugene J. Bird, Jr. 07-01-01 Jeff Stiles 07~ -01 V~cki M. Bechen 03 25-01 Fredeedk R Beeler 03`25-02 Jim UrelJ 03-25-03 § 26-8 DUBUQUE CODE and responsibilities to the extent of the authori- ty granted by the City Council. (b) Purpose: The Housing Code Appeals Board shall conduct hearings upon application by any person aggrieved by a notice and order of the Housing Officer issued in connection with a violation of the City of Dubuque residential housing code or of any applicable rule or regula- tion issued pursuant to the City of Dubuque residential housing code. The Board shall also review revised or additional definitions and procedures submitted by the Housing Officer and shall be empowered to adopt, reject or mod- (c) Membership; Terms Of Office; Vacancies: (1) The Housing Code Appeals Board shall be comprised of a membership of seven (7) persons who shall be appointed by the City Council for terms of three (3) years. All terms of office shall expire on Janu- ary 11 in their respective years. Reasonable efforts should be made to obtain representation of both tenant and landlord interests in the appointment process. (2) Upon completion of their term of office, members shall continue to serve in their full capacity until a successor has been duly appointed. (3) Vacancies on the Board caused by death, resignation or other reason shall be promptly filled by the City Council for the unexpired term of office. (4) The Board shall elect a chairperson and vice chairperson from its members at the first regular meeting of each year. (5) Members of the Board shall be residents of the City and may not be employed by the City. (d) Meetings: (1) The Housing Code Appeals Board shall meet at least quarterly and at such in- tervals as necessary in order to fulfill its purpose. (2) Members of the Board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such a prescribed num- bar of meetings, it shall constitute grounds for the Board to recommend to the City Council that said member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. (3) All meetings shall be held in confor- mance with the provisions of the Iowa Open Meetings Law. (4) The Housing Officer shall serve as secre- tary to the Board and shaH render all decisions and findings in writing to the appellant. (5) The Housing Officer shall file with the City Council a copy of the minutes of each meeting of the Board within ten (10) working days after each such meet- ing. (e)Internal Organization And Rules: The Housing Code Appeals Board may adopt rules and regulations to govern its organizational procedures as it may deem necessary and which are not in conflict with this Chapter or other regulations of the City. (f) Procedures For Operations: All administra- tive, personnel, accounting, budgetary and pro- curement policies of the City shah govern the Housing Code Appeals Board in all of its opera- tions. (Ord. 26-89, § 2, 5-1-1989; Ord. 80-91, §§ 1, 2, 10-21-1991; Ord. 71-94, § 5, 12-19-1994) Sec. 26-9. Procedure For Hearing Appeal: (a) Application: Any person aggrieved by a notice and order of the Housing Officer issued in connection with any alleged violation of this Supp. No. 41 1582 CITY OF DUBUQUE, IOWA ~© ~ "~ BOARD/COMMISSION APPLICATION FO~ ~::~ Individuals serving on Boards a~ Commi~ions play an mpo~ant role in adwsing the Co~ ~ g on ma~e~ of inter~ to our commun~ and i~ ~ture. ~ ~ ~e Ci~ Clerk's O~ce, Ci~ Hall, accep~ applications for any B~ and/or Commission at any time, and that application ~ys a~ive for one year from the date of r~eipt in ~ Clerk's O~ce. At the appropriate regularly scheduled council meetln~, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council statin§ their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is beln§ presented. Appointment(s) will be made at a later meetin§. 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 Ion§er interested). DATE: -~_,~ ,~,-~,~ aDvisorY BoarD/co~issioN APPLYING F~.,.~ /~:?~. ~./~ BUS,ness:..,~//,~/~//~:~/~f~..,~,~A~OORESS: ~ ~, L/~/c,= ~'"~. OCCUPATION: ~ ~/~ POSITION wITH COMPANY: ~OME pHOne-.~/s' ~-.~ .¢-/~-~ BusINeSs PHONE: ,.~-~_ EXPERIENCE, EDUCATIO~ AND TRAINING WHICH Y/~F~LI_ ~O~,~)R THiS BOARD/ COMMISSION: /~/_/~..~~ / / / WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ~.~,.~ S~a~enUon ~ou~ ~ di~ to ~ible confli~ of inte~ For ~her clarification, if a si~tion aH~ con~ ~e ~prop~te S~ff pe~nnel or L~ S~ff. you cur~nfly se~ing on a Ci~ B~ or ~mmission: qu~ions, conta~ ~e Ci~ Cle~'s ~ce, ~ Hall, 13~ ~e~, Dubuque, IA 52001 e: sa~ =0~ALL ~ W~LL SE DeQP~ F~M~ U~ A~ER A ONE Y~R PERIOD. CItY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION F ~I~ Individuals serving on Boards and Commissions play an important role in advising the ~u. n~il 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 a~ny t~e, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: /~'- ~-~0 ADVISORY BOARD/COMMISSION APPLYING FOR: /L] ~ ~.~ ~.~_~ /,~ /~ p ~s~ NAME: ~o~~¢~/~ ADDRESS: /r/c[~ ~..rl~c~z*r~ BUSINESS: ~ e~- ~ ! > ~cI ADDRESS: OCCUPATION: POSITION WITH COMPANY: HOME PHONE:-~ (q-~'--~ o]~. ~:~ / ~ f BUSINESS PHONe EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) LIST TWO REFERENCES: NAME: ~ .*~.~ :D ~. ~/~ 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: ~//I~ 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. CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION F Individuals serving on Boards and Commissions play an important role in advising the (~u~il on matters of interest to our community and its future, c~ The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission a~:~ny 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. Appllcants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). ADVISORY BOARD/COMMISSION APPLYING FOR: /~/ou~//~ ~'~ r/F: /~,~P~/-~ NAME: BUSINESS: OCCUPATION: HOME PHONE: ADDRESS: ~ ADDRESS: POSITION WITH COMPANY: BUSINESS PHONE: EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: ~ ~,z .~ ~ /o~.~:~.~ /Z~.~,~:L~.~.~_~ t/'..~..~ ,-~ WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ,U.~,..~0. ~ ~(~_...,~,_,L7 ~ ~ ,,~.,.,..~~ ~ ..... ~ ~ LIST TWO REFERENCES: NAME: ~,,~-~ ~ ADDRESS: / ~ ~ ~/ ~ NAME: /C~-y ~:~ 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 currenUy serving on a City Board or Commission: '~ ~ ~ If questions, contact the City Clerk's Office, City Hail, 13th & Central, Dubuque, IA 52001 Phone: 589-4120; ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD CITY OF DUBUQUE, IOWA MEMORANDUM December 28, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Watermain & Utility Easements In response to a request from Jim Stock Realty & Construction, Public Works Director Mike Koch is recommending vacating a 20-foot wide watermain easement, and 5 and 1 O-foot wide utility easements in the Oak Meadows Second Addition, located off of Brunskill Road. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CO Prepared by Ron Turner, City En,clineering, 50 W. 13th Street, Dubuque, IA 52001-4864, 319-589-4270 RESOLUTION NO. - 01 RESOLUTION DISPOSING OF INTEREST AND VACATING A 20-FOOT WIDE WATERMAIN EASEMENT AND 5 AND 10 FOOT WIDE UTILITY EASEMENTS OVER LOT '1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on day of ,2000, the City Council of the City of Dubuque, Iowa met on the day of ,2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the release of real estate described as: A 20-foot wide watermain easement and a 5 and 10 foot wide utility easements on portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, as shown on the attached Exhibits A and B. Whereas, the City Council of the City of Dubuque, Iowa overruled any and alt objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as 20-foot wide watermain easement and a 5 and 10 foot wide utility easements on portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Jim Stock Realty & Construction, upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this __ day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RELEASE OF EASEMENT WHEREAS, the plat of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa as Instrument No. 5016-96; and WHEREAS, by said plat, the proprietors dedicated to the watermain and public utility easements in a portion of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, which a 20-foot wide watermain easement and a 5 and 10 foot wide utility easements are set forth appears on said plat; and WHEREAS, by the actual location ofwatermain and utility services, the easements along portions of property lines of said Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition as shown on attached Exhibits A and B are no longer required; NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the a 20-foot wide watermain easement and 5 and 10 foot wide utility easements in a portion of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, as shown on the attached Exhibits A and B, previously filed as Instrument No. 5016-96 in the office of the Recorder of Dubuque County, Iowa; however, this Release in no way releases, vacates, abandons or discharges any other easement shown on the plat of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, filed in the officer of the Recorder of Dubuque County, Iowa, as Instrument No. 5016-96. Dated this day of ,2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk OAK EXHIBIT "A' EASEMENT VACATION MEADOW SECOND ADDITION LOT 2 BLOCK 2 LOT 1 BLOCK 2 EXIST. 20' WATER MAIN SCALE: LOT A BLOCK 2 RECORDED AS LOT .3 BLOCK 2 RECORDED AS [NST, NO, 5016-98 TO BE VACATED I OAK EXHIBIT 'B" EASEMENT VACATION MEADOW SECOND ADDITION LOT 1 BLOCK 2 RECORDED AS INST. NO. 5OI6~98 LOT 2 BLOCK 2 RECORDED AS INST. NO. 5016-96 LOT A BLOCK 2 INST, NO. LOT 5 BLOCK 2 RECORDED AS INST. NO. 5016-96 0 1 2 SCALE: 1==40' To B EV*O^TED 12/04400 Jim Stock Realty & Constructio, Monday, December 04, 2000 To: The Honorable Mayor and Members of the City Council City Hall Dubuque Iowa 52001 RE: Request to vacate easements per attached Exhibits "A" and "B" Mr. Terrance Duggan "Mayor" and council members, The attached Exhibits "A" and "B" depict easements that were never used and are not needed. We acquired additional land and therefore the utilities will be placed in other easements that will be plated in accordance with our final site plan of Phase HI of the Oak Meadow's Condo's. I request that this issue be placed on the City Council Agenda as soon as possible for your discussion and thereto approve my request to vacate the easements. Respectfu~ James Sto~ ' Page l of I CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: FROM: SUBJECT: Tl~e Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Watermain & Utility Easements Public Works Director Michael A. Koch recommends vacating a 20-foot wide watermain easement, and 5 and 10-foot wide utility easements in the Oak Meadows Second Addition, located off of Brunskill Road, and further recommends that this be set for public hearing on January 2, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. Mmhael C Van Milligen MCVM/jh Atmchment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Watermain & Utility Easements INTRODUCTION This is in response to a request from Jim Stock Realty & Construction for the vacating of a 20-foot wide watermain easement, and 5 and 10 foot wide utility easements in the Oak Meadows Second Addition, located off of Brunskill Road. DISCUSSION The attached Exhibit A shows the area of the proposed 20-foot wide watermain easement to be vacated, and Exhibit B shows the 5 and 10 foot wide utility easements requested to be vacated. The property is legally described as Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition, and is owned by Jim Stock Realty & Construction. Jim Stock Realty & Construction has recently purchased abutting property and has received Zoning and City Council approval for a revised Planned Unit Development. The new layout eliminates the need for portions of watermain and utility easements previously platted and recorded as Instrument Number 5016-96. New easements for proposed watermain and utilities will be indicated on a future plat of the area. Jim Stock Realty & Construction has obtained the written consent of People's Natural Gas, AT&T Broadband, Qwest, Interstate Power Company, and Oak Meadow II condominium owners, RECOMMENDATION The City does not have a need for the subject watermain and utility easements, and I would recommend approval of the request to vacate the easements as shown on the attached Exhibits A and B. I would further recommend that the vacating of the easements be set for public hearing on January 2, 2001. ACTION TO BE TAKEN The recommendation should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions, Prepared by Ron Turner, P.LoS. Oak MEADOW II VACATES 12/04/00 Jim Stock Realty & Construction Phone / Fax 319-556-2332 P.O. Box 3054 Dubuque, Iowa 52004-3054 wv~v. St ockConstruction.com stodciames(&md eodusa.net Monday, December 04, 2000 To: The Honorable Mayor and Members of the City Council City Hall Dubuque Iowa 52001 RE: Request to vacate easements per attached Exhibits "A" and "B" Mr. Terrance Duggan "Mayor" and council members, The attached Exhibits "A" and "B" depict easements that were never used and are not needed. We acquired additional land and therefore the utilities will be placed in other easements that will be plated in accordance with our final site plan of Phase 1II of the Oak Meadow's Condo's. I request that this issue be placed on the City Council Agenda as soon as possible for your discussion and thereto approve my request to vacate the easemems. Respectfu~ James St~ ' V OAK EXHIBIT 'A' EASEMENT VACATION MEADOW SECOND ADDITION LOT 2 BLOCK 2 LOT 1 BLOCK 2 RECORDED AS INST. NO. 5016--96 EXIST. 20' WATER MAIN EXIST. 20' WATER MAIN LOT A BLOCK 2 RECORDED AS LOT 5 BLOCK 2 SCALE: TO B F' VACATED I OAK EXHIBIT "B" EASEMENT VACATION MEADOW SECOND ADDITION LOT 2 BLOCK 2 RECORDED AS ~NST. NO. 5016-96 LOT 1 BLOCK 2 RECORDED AS iNST. NO. 5016-96 LOT A BLOCK 2 LOT 3 BLOCK 2 RECORDED AS [NST, NO. 5018 98 1 2 SCALE: 17=,~0' TO E~E VACATED ~//////////~ RESOLUTION NO. 609 - OO RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition; and Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently platted on said lots; and Whereas, Jim Stock Realty & Construction has petitioned to vacate portions of said easements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements over portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, as shown on the attached Exhibits A and B. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published in the manner as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 18t. h Attest: ~_J~anne F. Schneider, City Clerk day of 2ecember ~ , 2000. Ter~/~nce M. Dugg~,~/~r November 1, 2000 Ms. Jeanne Schneider City Clerk City of Dubuque 50 West 13th Street Dubuque, IA 52001-4845 RE: Appointment of City's designees to DRA Board of Directors for 2001 Dear Ms. Schneider: According to the DRA Bylaws, the DRA Board of Directors requires governmental representatives, which include three members of the Dubuque City Council and the City Manager or his designee. Currently, Roy Buol, John Markham, Mike Van Milligen and Mayor Terry Duggan are serving on the DRA Board of Directors. The governmental appointees are nominated on a yearly basis. If you could notify me in writing with the names of the City's designees no ~ater than Friday, January 5, 2001, I would greatly appreciate it. If you have any questions, please feel free to give me a call. Sincerely, _Arleen M. Wh/te DRA Recording Secretary Central Office 1473 Central Ave. Dubuque, IA 52001-4853 (319) 556-5130 FAX (319) 556-4402 Dubuque County Outreach Center 1473 Central Ave. Dubuque, IA 52001 (319) 556-5130 FAX (319) 556-4402 Delaware County Outreach Center 108 South Tama Manchester, L4 52057 (319) 927r4629 FAX (319) 927-5818 Jackson County Outreach Center 904 E. Quarry Maquoketa, lA 52060 (319) 652-5197 FAX (319) 652-5198 Iowa Community Action Association Re~ion WI Association of Community Action Agencies National Association of Community Action Agencies eration: New View mmunity Action Agency Serving the people of Dubuque, Delaware and Jackson Counties December 4, 2000 Mayor and City Council City of Dubuque 50 West 13* Street Dubuque, IA 52001 Dear Mayor & City Council: As you may know, Operation: New View Community Action Agency is the local public nonprofit agency which provides programs to serve Iow-income persons in Dubuque, Delaware and Jackson counties. The work of the agency is administered by a 27- member tripartite board of directors which includes nine representatives for each of three community sectors: elected public officials, Iow-income persons; and private community organizations. Seats on the board of directors are maintained for organizations representing each sector. The City of Dubuque maintains three seats on our board of directors as public officials sector representatives from Jackson County. Public officials are appointed for one-year terms which expire on December 31 each year. The City Council appoints two of its members as representatives. Your current members Joe Robbins and Pat Cline. A third representative is appointed by the City Manager. This position is currently held by Tom Moran. With this letter, we request to be informed as to who will be your representatives for the 2001 year. As soon as you have made these appoinlments at your first meeting of lhe new year, please communicate them to us so that your representatives can be seated of our first meeting on January ] 1,2001. Many thanks for your help in this matter. If you have questions or comments or need additional information please contact me directly at 319/556-5130 extension 32. Sincerely, OPERATION: NEW VIEW COMMUNITY ACTION AGENCY M. Thomas Stovall, CCAP Executive Director An Equal Opportunity Employer VARIOUS BOARD(S) FOR CITY MANAGER, MAYOR AND COUNCIL MEMBERS MAYOR TERRANCE M. DUGGAN Area Council of Governments Conference Board - Chairperson (By State Law) County Emergency Management Council Dubuque Initiatives Dubuque Metropolitan Area Transportation System (DMATS) - Chairperson (By Resolution) Dubuque Racing Association (DRA) - 1 of 3 Council Members (Annual appointment - January) East Central Intergovernmental Agency (ECIA) (By virtue of position) Greater Dubuque Development Corporation (GDDC) (By virtue of position) Long Range Planning Advisory Commission (Alternate for Roy Buol) COUNCIL MEMBER ANN MICHALSKI Conference Board - By State Law Dubuque Initiatives - Designated by Council for length of term Dubuque Metropolitan Area Transportation System (DMATS) - By Resolution Four Mounds Foundation - Designated by Council (Annual appointment in January) Metropolitan Solid Waste Agency - Designated by Council for length of term Dubuque Main Street, Ltd (Designated by Council - Annually in May) COUNCIL MEMBER DAN NICHOLSON Chamber of Commerce Convention & Visitor's Bureau - Designated by Council length of term Conference Board - By State Law Dubuque Metropolitan Area Transportation System (DMATS) - By Resolution Greater Dubuque Development Corporation (G.D.D.C.) (Designated by Council annually in May) COUNCIL MEMBER ROY BUOL Community Based Task Force on Gangs, Drugs & Youth Violence Conference Board - By State Law Dubuque Metropolitan Area Transportation System (DMATS) - By Resolution Dubuque Racing Association (1 of 2 Council Members appointed annually in January) Long Range Planning Advisory Commission COUNCIL MEMBER JOHN MARKHAM Conference Board - By State Law Dubuque Initiatives Dubuque Metropolitan Area Transportation System (DMATS) - By Resolution Dubuque Racing Association (1 of 2 Council Members appointed annually in January) Sister Cities Representative COUNCIL MEMBER JOSEPH ROBBINS Conference Board - By State Law County Resource Enhancement & Protection Act (REAP) Committee (alternate) - length of term Dubuque Metropolitan Area Transportation System (DMATS) - By Resolution Metropolitan Solid Waste Agency - Designated by Council length of term Operation: New View Community Action Agency - (Annual appointment in January) COUNCIL MEMBER PAT CUNE Community Based Task Force on Gangs, Drugs & Youth Violence Conference Board - By State Law Dubuque Metropolitan Area Transportation System (DMATS) - By Resolution Greater Dubuque Development Corp. (GDDC) (Appointed annually by Council) Operation: New View Community Action Agency (Annual apppointment in January) CITY MANAGER, MICHAEL C. VAN MILUGEN Chamber of Commerce Convention & Visitor's Bureau OR designee (Currently Susan Gwiasda) Dubuque Racing Association (DRA) (Included in the By-Laws) Enterprise Zone Commission (Or his designee) Greater Dubuque Development Corporation (GDDC) (Included in By-Laws) Operation: New View Community Action Agency OR his designee (currently Tom Moran) (Annual appointment in January) Dubuque Initiatives CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bid for Iowa League of Cities Conference - September 22-24, 2004 The Dubuque Area Convention and Visitor's Bureau advises that Dubuque has been invited to bid on the Iowa League of Cities 2004 Annual Conference. I respectfully recommend Mayor and City Council approval of the same bid package which brought the 2000 Annual Cm~ference to Dubuque. The Iowa League also asks that an individual be designated as the liaison with the League. Ifa Council member is selected, Public Information Officer Susan Gwiasda can provide assistance. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 22, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bid for the Iowa League of Cities Conference - September 22-24, 2004 The City of Dubuque has received bid information from the Convention and Visitors Bureau to host the Iowa League of Cities Conference scheduled from September 22-24, 2004. Dubuque was the host City for this convention in September, and previously in 1994. Our most recent hosting was a phenomenal success and attracted the highest number of participants ever recorded. Conference requirements from the Iowa League of Cities request City support including the following: A letter of support sigued by the Mayor; Sponsorship of the convention center at no charge to the Iowa League; A designated individual with direct access to the chief executive officer to serve as the liaison with the League in planninff conference and host city activities; A host city information table on Thursday, September 23, 2004; Suggestions for spouse profframs; Ten to 12 individuals to assist Leaffue staff with various aspects of the conference (i.e., ticket takers, workshop monitors, registration assistance), if needed; Commitment by either the Mayor and/or City Council members to invite attendees at the 2003 meeting to the 2004 meeting; and Minimum commitment by the Mayor to attend opening general session to welcome delegates to the 2004 meeting. Acting Civic Center Manager Jamie Blum estimates that the cost to sponsor Five Flags Center during the conference would be $6,500. I respectfully request that the City Council approve submitting a bid to the Iowa League of Cities, including a letter of support, to host the annual conference during September 22- 24, 2004; approve budgeting $7,000 during Fiscal Year 2006 to sponsor Five Flags and for other incidental expenses~ and appoint a City Council member to serve as the City of Dubuque's respresentative in planning the conference and host City activities. The City Council person would be assisted by the Public Information Officer Susan Gwiasda. Michael C. Van Milligen CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Town Clock Plaza - Alternative Street Designs Public Works Director Mike Koch is requesting a work session with the City Council on January 15th from 5:30 to 6:15 p.m. to review input on the Town Clock Plaza issue and to solicit thoughts on the Town Clock Plaza design. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A, Koch, Public Works Director Kevin Eipperle, Durrant Group Dan LoBianco, Dubuque Main Street Ltd. TO: FROM: CITY OF DUBUQUE, IOWA MEMORANDUM December 20, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director /4~/~/ SUBJECT: Town Clock Plaza - Alternative Street Designs BACKGROUND The City Council recently gave direction to City staff for the development and conceptual design of alternatives on the Town Clock Plaza under the scenario that the Plaza would be open to traffic. A contract was recently approved between the City and the Durrant Group, and the first phase of collecting public input will be starting shortly. DISCUSSION The first step in the process will be to get input from various stakeholders on how the Plaza is or should be used and what features should be incorporated into its design. City staff along with representatives of the Durrant Group and Dubuque Main Street Ltd. have developed an input process that would give us quality information as to what the stakeholders see as their needs for the improvements. A strategy has been developed to get input from three primary stakeholders--the property owners on the Plaza, the people who work on the Plaza, and the general public. The property owner input will be received through a group discussion on January 9, 2001, at 10 a.m., at NICC's Dubuque campus. Our primary focus will be on what design features they need on the Plaza to be successful. The general public will be invited to give their thoughts on improvements to the Plaza at a meeting on January 9, 2001, from 5:30 p.m. to 6:30 p.m. at the Library Auditorium. An open house format will be used to record the thoughts of the individuals attending the meeting. The input from the approximate 2,000 eop~gg~_le who work on the Plaza will be gathered through use of a mailed survey and a subsequent meeting with an open house format from 12 noon to 1 p.m. on January 10 at the NlCC campus. A copy of the questionnaire draft will be forwarded for your review prior to mailing. City staff and the Durrant Group will then prepare a report on the results of the survey and the input from the various meetings. ACTION TO BE TAKEN The next step is for City Council to review the information for the input process and summarize preferences for various features of the Plaza. I am requesting a City Council work session for January 15, 2001 from 5:30 p.m. to 6:15 p.m., to give them this information and to solicit the Council's thoughts on the Plaza design, The Durrant Group would use this input and begin preparing two or three design alternatives for presentation to the City Council at a later date. CC: Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk Tim Moerman, Assistant City Manager Susan Gwiasda, Public Information Officer Kevin Eipperle, Durrant Group Dan LoBianco, Dubuque Main Street Ltd. CITY OF DUBUQUE, IOWA MEMORANDUM December 28, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bunker Hill Golf Course Operation Leisure Services Manager Gil Spence is recommending a change in the operational structure at Bunker Hill Golf Course. This would change the Golf Pro from a contract position to a City employee. The Golf Pro and the Park and Recreation Commission are supportive of this change. The City will show a minimum ora $25,868 profit and have greater control of the staff and operation procedures of the pro shop and the snack bar, including the new $339,000 addition. This vdll be presented as part of the FY 2002 budget presentation, but needs consideration now so the change can be implemented at the beginning of the 2001 golf season. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 28, 2000 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage~ SUBJECT: Bunker Hill Golf Course Operation INTRODUCTION The purpose of this memorandum is to request City Council approval to change the management arrangement of the Bunker Hill Golf Course from the golf professional to the City. BACKGROUND The present contract with the golf professional calls for the City to pay the pro a salary of $11,900 plus the pro is allowed to operate the pro shop, concession area, golf carts, and give golf lessons. The pro returns to the City ten percent of the gross sales from the concession and golf cart operation, which is around $23,000. All of the major equipment in the concession area is provided by the City and all utilities are paid by the City. We have used this same basic agreement with the golf pro for almost twenty years. When we started, the commission returned to the City was estimated at $1,000 on total concession and golf cart sales of $10,000. Over the years that business has grown to where sales are now over $200,000. DISCUSSION As we prepared to renovate the concession area of the Bunker Hill building, I thought we should review the agreement we have with the golf professional to determine if the City should take over responsibility of the operation. We hope these improvements increase the business in the snack bar, and it seemed a logical time for the City to take control of this revenue source. more golf course operations, page two I asked for two members of the Park and Recreation Advisory Commission to join Recreation Division Manager Pat Prevenas and myself to review the agreement. Mark Sullivan and Gary Harjehausen volunteered to join us. Through the study process, budget estimates were made to determine if there would be a financial benefit to the City. When it was determined there was a financial benefit, discussions were held with the golf professional for his input and reaction. The golf pro supported the change so the committee moved to development of a more accurate budget estimate. The attached Golf Operations Budget has been submitted to the City Manager for consideration in the Fiscal Year 2002 budget process. This budget will be discussed in more detail during our budget hearing and approval given at the appropriate time. I am asking for City Council approval of changing the management agreement at this time to allow us ample time to make the necessary arrangements prior to the golf course opening around March 1st. As you can see from the budget, a profit of $25,868 is projected. You may wonder why I am recommending this operational change where we will realize a profit of $25,868 when the golf pro now pays the City a commission of $23,000. The following points will explain this: · When the present salary of $11,900 is subtracted from the $23,000 commission, the net for the City is $11,000. The golf maintenance budget for FY 2002 shows a profit of $18,831. When operation and maintenance budgets are combined the total profit is $44,699. The maintenance budget is able to show this profit partly because the operation budget has assumed some expenses that had been charged to maintenance. · I believe the FY 2002 estimate is conservative. I have tried to make expense projections on the high side and revenue projections in the middle of the road. · The budget estimate does not include expense, revenue, and profit from use of the building for private parties during the off-season. The Park and Recreation Advisory Commission approved the change and recommends City Council approval. Not only will there be a financial benefit to the City, the City will have greater control of the staff and operational procedures of the pro shop and snack bar. More and more public golf courses are changing to full management by the City because of the revenue potential involved. ACTION STEP The action requested is that the City Council approve changing the management arrangement of the Bunker Hill Golf Course from the golf professional to the City. GDS:et attachment 61030 61050 61310 61320 61430 62010 62011 62030 62190 62130 62140 62230 62247 62340 62411 62412 62418 62421 62431 62443 62511 62611 62642 62643 62644 62664 62666 62670 62671 62731 62747 GOLF OPERATIONS Seasonal employees Overtime IPERS ($23,990 x 5.75%) Social security ($55,960 x 7.65%) Worker's comp TOTAL WAGES Office supplies Uniform purchase/maintenance Postage and shipping Dues and memberships Legal notices and ads Promotion Sales tax ($320,000 x 6%) Dram shop insurance Mileage/local transportation Electric (50% of $2,327) Gas (50% of $1,544) Refuse (50% of $1,000) Telephone (50% of $1,800) Property maintenance General liability (50% of $1,986) Fuel Mach/equipment maintenance Food products Beer products Liquor products License fees Credit card charges Pro shop merchandise Miscellaneous operating supplies Miscellaneous services Machinery/equipment rental TOTAL SUPPLIES AND SERVICES TOTAL BUDGET $ 55,96O 1,379 4,281 75O $ 500 7OO 250 500 25O 3,000 19,200 2,204 250 1,164 772 5O0 900 2,000 992 2,000 2,000 20,000 32,000 5,000 2,450 2,130 50,000 5,000 55,000 23,000 revised 10/26/00 $ 62,370 $ 231.762 $ 294,132 REVENUE ESTIMATES: Pro shop sales Cart rental Concessions $ 75,000 115,000 130.000 $ 32O,0O0 $ 320,000 294.132 PROFIT $ +25,868 Building Services Depaxtrnent 50 West 13th St:,eet Dubuque, Iowa 520014864 (319) 589-4150 (319) 589-0890 FAX MINUTES OF MEETING BUILDING CODE BOARD OF APPEALS DATE: December 14, 2000 TIME: 4:00 PM PLACE: Conference Room A, City Hall CHAIR: Steve Gudenkauf MEMBERS PRESENT: Ron Jahns and Chuck Cart MEMBERS ABSENT: Jim Kolf STAFF: Rich Russell and Mary Rose Corrigan, Public Health Specialist MEDIA: None OTHERS: Mike Buelow and Bill Niemann of the Environmental Stewardship Commission 1. The meeting was called to order by Chair Gudenkanf. It was announced tlmt the meeting was being held in conformance with Iowa Open Meetings Law. 2. Can' motioned to approve the minutes of the March 2, 2000 meeting. Jahns seconded. Motion carried 3-0. 3. Mike Buelow was present to encourage the Board to include radon mitigation/remediation in the City of Dubuque building regulations. Mr. Buelow reminded the Board of the gist of his presentation to the Board prior to the adoption of the 1997 Uniform Building Code. The City of Muscatine is expected to be the first city in Iowa to adopt this sort of regulation. They should adopt the ordinance in early 2001. The City of Muscatine has gained voluntary compliance in an elderly housing project and a 500-home subdivision. Previous estimates of radon mitigation in new homes had been as high as $500 per home. Information from Muscatine and other locations indicates that the cost could be as low as $250-400 per home. If the passive system is not installed and a home needs an active system, the cost escalates to between $1000-2500. Bill Niemann stated that the installation of a passive system could be considered a selling point or value added to a new home. Service People Integrity Responsibility Innovation Teamwork Locally, there are two certified radon inspectors and 4-5 contractors installing the passive system as a part of new residential construction. The inspectors are Mike Davis (Dubuque Home Inspections) and Brian Schultz (Environmental Management Services of Iowa). 95 % of the systems being installed are the passive systems. Mary Rose Corrigan stated that you do not need to be licensed to install the passive systems and no certified inspection is required for these systems. A city inspector could review the passive installations, but the active system must be installed by a certified contractor and inspected by a certified inspector. Bill Niemann stated that the active system is simply an inline fan and vacuum gauge. The cost to nm the fan is about $175 per year. Mike Buelow reminded the Board that all Iowa counties are at the highest level of risk to have radon present. 142 homes in Dubuque have been inspected since January of 2000.94 of the 142 (65%) homes were above the allowable level of 4 pico curies. These results are in line with the random survey done in t990 where about 60% of the homes tested failed. All 142 homes had some level of radon. The highest test result was 19.7. All 22 homes that installed the active system passed the retest. Three of the facilities tested were daycare providers. 2 of those 3 failed the first test. Exposure to radon gas over time is one of the main causes of lung cancer. Smoking is the leading cause. A smoker exposed to radon over time has exponentially increased chances of getting cancer. There was some concern by the board on why the issue has taken so long to come to the forefront. Also, what is being required in existing residences versus new construction was a concem. The Board decided to wait until the next meeting to discuss this further. This will allow for time: 1) To see if Muscatine adopts their ordinance, 2) To receive a copy of the ordinance for review and 3) To present this information at the February meeting of the Dubuque Homebullder's Association. The next meeting will be February 22, 2001. Carr moved to adjourn. Jahns seconded. Motion carded 3-0. Rich Russell, Secretary Approved this day of 2001. Chairman CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, December 18, 2000 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of t0/26; Zoning Board of Adjustment of 11/30, upon motion received and filed. Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, upon motion received and filed. Finance Director submitting the Financial Report for the month ending November 30, 2000, upon motion received and filed. Official Council Proceedings of October, 2000, upon motion approved as printed. Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15; the property damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25~00, upon motion received and filed and directed Finance Director to issue payment. Appointments to the Owner-Occupied Affordable Housing Committee: City Manager recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee, upon motion received and filed and concurred with recommendation. Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach, upon motion received and filed. Buol moved adoption of Resolution No. 590-00 Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach Declaration of Trust dated January 24, 1995. Seconded by Robbins. Motion carried 7-0. Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District, upon motion referred to the City Manager. Certified Local Government Report to State Historic Preservation Office: City Manager submitting the 2000 Certified Local Government Annual Report, upon motion received and filed. Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No. 3, upon motion received and filed. Buol moved adoption of Resolution No. 591-00 Approving the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision No. $, in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails Grant application to IDOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park, upon motion received and filed. Buol moved adoption of Resolution No. 592-00 Authorizing a grant application for Iowa Department of Transportation Recreational Trails Funds for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park. Seconded by Robbins. Motion carried 7-0. 2000 Asphalt Paving Project- Acceptance: City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, upon motion received and filed. Buol moved adoption of Resolution No. 593-00 Accepting improvement for project and Resolution No. 594-00 Approving final estimate in amount of $476,674.64. Seconded by Robbins. Motion carried 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65, upon motion received and filed. Buol moved adoption of Resolution No. 595-00 Accepting improvement for project and Resolution No. 596-00 Approving final estimate in amount of $79,448.65. Seconded by Robbins. Motion carried 7-0. North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, upon motion received and filed. Buol moved adoption of Resolution No. 597-00 Accepting improvement for project and Resolution No. 598-00 Approving final estimate in amount of $492,989.56. Seconded by Robbins. Motion carried 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08, upon motion received and filed. Buol moved adoption of Resolution No. 599-00 Accepting improvement for project and Resolution No. 600-00 Approving final estimate in amount of $640,476.08. Seconded by Robbins. Motion carried 7-0. Klauer Manufacturing Parking Request- Withdrawal: City Manager advising that the request of t~ th Klauer Manufacturing for removal of parking at several corners in the area of 26 and 27 Streets between Central and Elm Streets has been withdrawn, upon motion received and filed. Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated, upon motion received and filed. Buol moved adoption of Resolution No. 601-00 Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl, Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Seconded by Robbins. Motion carried 7-0. Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry Lazore, new owner of the Redstone Inn, upon motion received and filed. Buol moved adoption of Resolution No. 602-00 Consenting to the assignment of the lease agreement between the City of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement Company to Jerry Lazore. Seconded by Robbins. Motion carried 7~0. Fiscal Year 2002 Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002 Policy Guidelines, upon motion received and filed and approved. Hospital Signage- US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, upon motion received and filed and approved letter of support. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, upon motion received and filed and approved letter. HOME Investment Partnership Program Contract: Communication from the Iowa Department of Economic Development revising the master contract and funding agreement for the HOME Program by changing the completion date and extending the performance period to June 30, 2001, upon motion received and filed. Business Licenses: Buol moved adoption of Resolution No. 603-00 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Tobacco Outlet Plus and Grandview Milk House; Resolution No. 604-00 Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class "C" Beer Permit to Big 10 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus; Resolution No. 605-00 Granting issuance of Class "B" BeedLiquor License to Holiday Inn Five Flags and Julien Inn; and Class "C' (Commercial) BeedLiquor License to Michael's Bar-X and The White House. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: Housing Code Appeals Board - Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke. Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Upon vote Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04. PUBLIC HEARINGS Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Westside Court from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District, with a PC Planned Commercial designation to allow for development of a new Menard's store, upon motion received and filed. Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke in favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor of the project but requested the continuation of a trip lane traffic signal for exiting trucks. Ordinance No. 106-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial Distdct and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., presented and read. Michalski 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. Carried by the following vote: Yeas-Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays-Duggan. Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment Co./Schneider Land Surveying, to allow for construction of a warehouse building, upon motion received and filed. Robert Kirpes of 419 Winona spoke in favor of the rezoning. Ordinance No. 107-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agricultural District to LI Light Industrial District. Seconded by Cline. Motion carried 7-0. Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow for construction of a duplex, upon motion received and filed. Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two-Family Residential District, presented and read. Markham moved to concur with the deniat. Seconded by Cline. Motion carried 7-0. Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Upon motion it was removed from the table. Steve Gorius, 2461 Spring Green, spoke requesting the rezoning. Ordinance No. 108-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, presented and read. Michalski 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 Cline. Carried by the following vote: Yeas--Duggan, Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, upon motion received and filed. Markham moved adoption of Resolution No. 606-00 Adopting the final assessment schedule for the concrete repairs on Grandview at Delhi project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Nicholson. Motion carried 7-0. Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100, upon motion received and filed. Buol moved adoption of Resolution No. 607-00 Adopting plans and specifications for project and Resolution No. 608-00 Awarding contract to Peterson Contractors, Inc. Seconded by Nicholson. Motion carried 7-0. Upon motion the rule was reinstated limiting discussion to the Council. ACTION ITEMS Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance, upon motion received and filed. Thom Determan spoke requesting the changes. Ordinance No. 109-00 Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 589-00 of City of Dubuque support for the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and 4 Aquarium at the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0. Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently reconstructed Fifth Street, from Iowa Street to Locust Street, upon motion received and filed. Ordinance No. 110-00 Amending the City of Dubuque Code of Ordinances, Section 32-363(d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets and Ordinance No. 111-00 Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking, presented and read. Robbins moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. "No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the area, upon motion received and filed. Ordinance No. 112-00 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street, presented and read. Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public hearing, upon motion received and filed and concurred. Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City issue a Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth Street Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time, upon motion received and filed and approved recommendation. Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow removal. ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, upon motion received and filed. Buol moved adoption of Resolution No. 609-00 of Intent to dispose of City interest and vacate water main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0. At 8:37 P.M. Upon motion it was resolved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c). At 8:49 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:50 P.M. Isl Jeanne F. Schneider City Clerk 1 t 12/27 CIVIL SERVICE COMMISSION Date: Thursday, December 7, 2000 Time: 3:00 p.m. Place of Meeting: Conference Room A - City Hall Commissioner Merle Duehr called the meeting to order at 3:00 p.m. in Conference Room A of City Hall. Present: Commissioner Merle Duehr and Commissioner Dick Wertzberger Absent: Chairperson Loras Kluesner Also Present: Randy Peck, Terry Lambert, Karen Chesterman 1. Approve Minutes of November 21, 2000 Wertzberger moved to approve the minutes of November 21, 2000. Seconded by Duehr, unanimously approved. 2. Establish Passing Point for the Position of Police Officer Human Services Manager and Assistant Police Chief Terry Lambert recommended that the passing point for the position of Police Officer be established at 86. Wertzberger moved that the passing point for the position of Police Officer be established at 86. Seconded by Duehr, unanimously approved. There being no further business, Wertzberger moved to adjourn. Seconded by Duehr; unanimously approved. Adjourned at 3:10 p.m. Approved at meeting of Chairperson × Civil S'ei~/i~e- Commi~sJn// ~; COMMUNITY DEVELOPMENT ADVISORY COMMISSION City of Dubuque, Iowa MINUTES DATE: TIME: PLACE: Tuesday, September 12, 2000 7:00 p.m. Carnegie Stout Public Library Auditorium 360 West 11th Street Dubuque, IA 52001 ATTENDANCE Present: Bill Daugherty, Sister Lynn Fangman, Michael Kelley, Harw Neustadt, and Tom 'vV,/ainwright Absent: Jim Giesen, ~,Vgalter Pregler and Dan Shireman Staff In Attendance: Jim Burke and Aggie Kramer CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. MINUTES Motion by ¥(/ainwright, seconded by Daugherty to approve the minutes of the August 15, 2000 meeting as amended on page 2. The motion carried by the following vote: Aye: Nay: Abstain: Daugherty, Fangman, Kelley and ~X/ainwright None Neustadt PUBLIC HEARING CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR FY 2000 Kramer reviewed the CAPER report as prepared for Fiscal Year 2000, Program Year 1999. She reviewed the sources of revenue and the expenditures for the Community Development Block Grant programs. She also summarized for the Commission the CDBG program accomplishments. Motion by Daugherty, seconded by Wainwright to open the public hearing. The motion carried by the following vote: Aye: Daugherty, Fangman, Kelley, Neustadt and '¢Jainwright Nay: None Page 2 CD Advisory Commission Minutes September 12, 2000 At the public hearing, Dan Baumgartner, 2528 Jackson Street, Dubuque inquired as to the disbursement of the additional revenue received from the Farmland loan repayment. Burke noted that $780,000 of the unanticipated revenue is proposed for acquisition of property in the 4th Street Ice Harbor, and $29,000 will be added to the contingency for the FY 2001 Annual Plan. Linda Boothby, 2764 Central, inquired as to the Comiskey Park building improvements. Burke noted a new building is proposed as a capital improvement project within two years. The Commission reviewed the CAPER report as submitted. Kramer noted that the financial summary should be amended to note that the economic loan principal is ~;1,006,207. Motion by Daugherty, seconded by Fangman to approve the CAPER report as amended and forward to the City Council. The motion carried by the following vote: Aye: Nay: Daugherty, Fangman, Kelley, Neustadt and ~'ainwright None NORTH END NEIGHBORHOOD COUNCIL UPDATE Linda Boothby, Vice President of the North End Neighborhood Association presented to the Commission an update on the Associations activities. She noted that 1000 newsletter have been distributed door to door and that numerous neighborhood activities have been undertaken, including Family Nights at Audubon and Fulton Schools, an upcoming ice cream social and a neighborhood resource fair in the spring. She stated the goal of the Association is to create family unity and neighborhood understanding. NORTH END NEIGHBORHOOD COUNCIL LARGE GRANT APPLICATION Kramer reviewed for the Commission the large grant application from the North End Neighborhood Council requesting funding for the ice cream social and the neighborhood resource fair. She noted that a committee comprised of staff and Commissioner Pregler reviewed the application and recommend funding a maximum of ~;1,000 for the ice cream social. She noted the committee suggested the neighborhood obtain more volunteer entertainment and donated supplies to reduce the reliance on the grant funding. The Commission discussed with the Neighborhood members present the cost currently incurred for the ice cream social. Linda Boothby stated the event is scheduled for Sunday, September 17 and recruitment and advertising has been incurred. The Commission reviewed the proposed budget for the event and discussed the proposed purchase of a popcorn machine for the current and future neighborhood events. Motion by YX,~ainwright, seconded by Daugherty to approve ~1,250 for the ice cream social portion of the large grant application. The motion carried by the following vote: Aye: Daugherb/, Fangman, Kelley, Neustadt and ~'ainwright Nay: None Pa§e 3 CD Advisory Commission Minu~es September 12. 2000 Following further discussion, motion by Neustadt, seconded by Wainwright to award an additional $435 to assist in the purchase of a popcorn machine with the agreement that the equipment be returned to the City if the North End Neighborhood Council disbands. The motion carried by the following vote: Aye: Nay' Daugherty, Fangman, Kelley, Neustadt and Wainwright None ITEMS FROM COMMISSION Chairperson Kelley discussed with the Board the need for neighborhood clarification of the CDBG funding process. He proposed the preparation of a simplified flow chart which could be distributed to the neighborhoods which presents the sources of CDBG funding and a break down of possible programs and annual plan preparation and approval. The Commission discussed the need to inform citizens regarding the CDBG funding process. Kelley stated he would prepare a draft for staff revision. Commissioner Neustadt discussed the need for including Historic Preservation 106 review certification for the available assistant planner position in the Planning Department. The Commission discussed CDBG funding for planning activities. ITEMS FROM STAFF Kramer discussed with the Commission the new agenda binders. The Commission recommended that a 3 ring binder be used for the agenda and retained by the Commissioners with staff mailing a 3hole punched packet for insertion. ADJOURNMENT The meeting was adjourned at 8:17 p.m. 9-12-O0.cdacmin.doc COMMUNITY DEVELOPMENT ADVISORY COMMISglON City of Dubuque, Iowa MINUTES DATE: Tuesday, October 17, 2000 TIME: 7:00 p.m. PLACE: Carnegie Stout Public Library Auditorium 360 ~0(/est 11th Street Dubuque, IA 52001 ATTENDANCE Present: Bill Daugherty, Sister Lynn Fangman, Jim Giesen Michael Kelley, Harry Neustadt, k~/alter Pregler, and Tom ¥(/ainwright Absent: Dan Shireman Staff In Attendance: Jim Burke, Aggie Kramer, David Harris and Joleen Patterson CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. MINUTES Motion by Neustadt, seconded by Fangman to approve the minutes of the September 12, 2000 meeting as submitted. The motion carried by the following vote: Aye: Daugherb/, Fangman, Giesen, Kelley, Neustadt, Pregler and kV~ainwright Nay: None HISTORIC BLUFFS NEIGHBORHOOD ASSOCIATION PRESENTATION Carleen Schroeder, president of the Historic Bluffs Neighborhood Association, reviewed the activities currently undertaken by the neighborhood association. She noted that they have undertaken a tree planting along Loras Boulevard with 12 trees to be planted this weekend. She stated they are working with Loras College in regard to improvements in the area, with Housing Services in regard to vacant and abandoned buildings in the area and have currently begun review of a street lighting project for the area. She noted the Association meets the first Thursday of each month and currently there are 30 active members. The Commission discussed the proposed lighting and tree project for Loras Boulevard and the ~0'est 11th Street historic district. Kramer noted that the City will be establishing a committee to establish standards for sidewalk and street scape amenities in the downtown area to insure conformity and consistency of public improvements in the neighborhoods. Page 2 CD Advisor,/Commission Minutes October 17, 2000 AMENDMENT TO FY 2001 ANNUAL ACTION PLAN Kramer reviewed the proposed amendment to the current annual action plan which combines the allocations from the previous year with the current program year and redistributes the funds to new and existing programs. She discussed with the Commission the draft plan which includes prior year encumbrances and carry overs and anticipated funding needs. Burke noted that the proposed amendment includes the addition of ~;245,000 for the possible acquisition of the brewery in addition to the previously approved $780,000 for acquisition in the 4th Street Peninsula. He noted the plan also includes neighborhood park improvements of $120,000 for playground equipment at Audubon School and improvements to Flat Iron Park. The proposed amendment also shows the addition of ~;1,500 for the Deer Management Food Program as previously reviewed by the Commission. Burke noted that Sue Davison of the Department of Human Services has requested ~;3,700 for a downtown resource guide. Sue Davison, Department Coordinator for the Department of Human Services, requested on going funding of ~;3,700 for the downtown resource guide. She noted the guide is used by Iow and moderate income people throughout the City. She noted that Project Concern has expressed an interested in being a lead on the updating and printing of the guide. Steve Jacobs, Director of Project Concern reviewed the Information and Referral program and noted the downtown resource guide could be updated using current information with additional funds for printing costs. The Commission discussed with Ms. Davison and Mr. Jacobs the coordination of efforts required for updating the guide. Sue Davison noted her concurrence that Project Concern could print the guide with the input by the Department of Human Services and St. Mark Community Center. The Commission discussed the proposed cost of ~;3,700 for 10,000 copies and the need for yearly updates. Motion by Pregler, seconded by Daugherty to set the proposed amendment for public hearing on November 21, 2000 at 7:00 pm with the proposed changes of increasing neighborhood support grants to ~30,000 and adding ~3,700 to Information and Referral for a downtown resource guide update.. The motion carried by the following vote: Aye: Daugherty, Fangman, Giesen, Kelley, Neustadt, Pregler and ~V,~ainwright Nay: None FY 2002 ANNUAL ACTION PLAN I~amer presented a worksheet to the Commission and public for the proposed Fiscal Year 2002 Annual Action Plan. She noted the City departments are currently preparing the FY 2002 budget and figures will be available at the November 21, 2000 meeting. She noted the recently approved Consolidated Plan provides guidelines, goals and outcomes which should direct the use of Community Development Block Grant Funds. The Commission requested input from those present in regard to the Annual Action Plan preparation. Gary Carstens, Executive Director of the Dubuque Area Lifetime Center, requested ongoing funding of ~;25,000 for the Senior Center. He reviewed the services and programs provided by the Center and the need for funding of operational costs. He noted that Dubuque County has recently forgiven a ~;20,000 loan. In response to a Commission question, he noted that their landlord, Mercy, is very cooperative with them in regard to rent for the facility. The Commission discussed the users of the Senior Center and use by Iow and moderate income persons. Larry Friedman, Board member for Dubuque Area Lifetime Center, stated the Center provides many social contacts for senior citizens and elderly and thanked the Commission for their support. Page 3 CD Advisory Commission Minutes October ~7, 2000 Lu Koethe, Secretary for the Dubuque Area Landlord Association, requested funding for residential property owner assistance for exterior improvements. She noted a task force has met for the past year to review options for improving blighted homes in various areas of the City. Irv Koethe, President of the Dubuque Area Landlord Association, stated the funds would alleviate an ascetic problem in the neighborhoods. He noted that the details of the funding program have yet to be finalized. The Commission directed staff to provide a funding estimate for the exterior improvement program. The Commission noted that a letter was received from the Department of Human Rights in the amount of ~;1,000 for the Dispute Resolution Center for FY 2002. Staff Kramer note that due to the reduction in program income anticipated for FY 2002 the limited resources will reduce the funding available for CDBG programs. The Commission reviewed various options for funding programs in FY 2002. They discussed funding for the Senior Center and possible reduction in the Community Partnership Program. The Commission requested additional information on the administration costs for the CDBG program and requested a list of employee positions and cost for the Administrative positions funded. The Commission also requested that City Departments prioritize the programs to assist the Commission and funding. The Commission also directed staff to prepare a budget for a neighborhood center. Kramer noted that a proposed budget will be available at the November 21, 2000 meeting for Commission review. The Commission discussed a public hearing meeting date and concurred that December 6, 2000 at 7:00 pm would be appropriate. They directed staff to schedule St. Mark Community Center or the Senior Center for the public hearing location. The Commission also discussed a change in their established meeting dates due to a request by Commissioner Shireman, who has difficulty attending the Tuesday meetings. The Commission determined that the second Thursday of the month would be suitable for Commission meetings if acceptable to Commissioner Shireman, otherwise the meeting date of the third Tuesday would remain. Klm Fisch, 406 Almond presented a letter to the Commission requesting additional funding for the Valley View Neighborhood Association, She noted that a fall clean up had occurred with funding from a neighborhood grant with outstanding results. CDBG CITIZEN GUIDE The Commission reviewed a draft of the Citizen Guide. They suggested a possible outline form or a calendar format may be more user friendly. They also requested review of the document by various neighborhood residents. Kramer noted the document could be presented to neighborhood residents by the Neighborhood Development Specialist. She also noted the format will be modified and improved in house prior to distribution. OTHER The Commission expressed their sincere appreciation and gratitude to Jim Burke for his many years of service to the City and the Commission and wished him well in Connecticut. ADJOURNMENT The meeting was adjourned at 8:56 p.m. lO-17-O0.cdacmin.doc DATE: TIME: PLACE: COMMUNITY DEVELOPMENT ADVISORY COMMISSION City of Dubuque, Iowa MINUTES Tuesday, November 21, 2000 7:00 p.m. Carnegie Stout Public Library Auditorium 360 West 11th Street Dubuque, IA 52001 ATTENDANCE Present: Bill Daugherty, Michael Kelley, Harry Neustadt, Walter Pregler, Dan Shireman and Tom Wainwright Absent: Sister Lynn Fangman and Jim Giesen Staff In Attendance: Aggie Kramer, Para Myhre, David Harris, Joleen Patterson and Laura Carstens CALL TO ORDER The meeting was called to order by Chairperson Kelley at 7:13 p.m. MINUTES Motion by Pregler, seconded by Wainwright to approve the minutes as amended. The motion carried by the following vote: Aye: Daugherty, Kelley, Neustadt, Pregler, Shireman and Wainwright Nay: None PRESENTATION BY TERRY MOZENA, CHAIR OF HISTORIC PRESERVATION Terry Mozena requested support for changes to the City's Historic Preservation activity. He noted that the Historic Preservation Commission and Preservation Task Force are recommending the City establish Historic Preservation incentives for rehabilitation of historic properties. He requested the Commissions support for changes to the Historic Preservation Homeowner Grant Program from grants of ~;2000 to ~;5,000 and removing the required match. He requested CDBG funding of .~30,000 annually. The Commission discussed the feasibility of allowing a grant for more than one time per owner. Terry Mozena also requested Commission support of a ~;400,000 Historic Preservation revolving loan fund which would provide Iow interest loans to property owners at any income level in the four residential districts. He noted the loans would be up to ~;25,000 at 3% for 10 years with a limit of one loan per building. He requested a letter of support from the Commission for this fund, noting that CDBG funds could not be used. The Commission suggested the fund be allowed for all historic districts and reviewed the sources of funding for this program. Page 2 CD Advisory Commission Minutes November 21, 2000 Terry Mozena also requested the Commission approval and funding for ~100,000 Historic District Public Improvement Program which would initially retain a consultant to develop a comprehensive urban design plan for public places and street scapes in the historic districts and subsequently using the funding for public improvements and incentives for street scape elements. The Commission questioned if this program was a duplication of other Housing programs and reviewed with staff the current .~100,O00 funding for neighborhood infrastructure improvements. Terry Mozena also noted the task force is requesting to expand the existing Urban Revitalization Program to include all historic districts and to fund a full time Historic Preservation Planner in the Planning Services Department. He discussed with the Commission the duties of a Historic Preservation Planner and the economic impact historic preservation has on the City. Mr. Mozena also noted that no funding from the CDBG program is proposed due to the required 20% administration cap. Motion by Pregler, seconded by Daugherty to fund ~;30,000 annually for the Historic Preservation Homeowner Grant Program. Following further discussion regarding annual funding, the motion was denied by the following vote: Aye: Nay: Abstained: Daugherty Kelley, Neustadt, Pregler, and Wainwright Shireman Motion by Pregler, seconded by Neustadt to approve ~;30,000 for the Historic Preservation Homeowner Grant Program for FY 2002 budget. The motion carried by the following vote: Aye: Nay: Kelley, Shireman, Neustadt, Pregler and XX/ainwright Daugherty Motion by Pregler, seconded by Neustadt to refer to staff for investigation and report at the next meeting that the requested ~;100,000 funding for Historic District Public Improvement Program. The motion carried by the following vote: Aye: Nay: Daugherty, Kelley, Neustadt, Pregler, Shireman and ~'ainwright None Motion by Daugherty, seconded by Pregler to send a letter of support to the City Council for the creation of a ~;400,OOO Historic Preservation Revolving Loan Fund. The motion carried by the following vote: Aye: Nay: Daugherty, Kelley, Pregler and Wainwright $hireman and Neustadt Motion by Pregler, seconded by Daugherty to send a letter of support to the City Council for the expansion of the Urban Revitalization Program to include all Historic Districts. The motion carried by the following vote: Aye: Daugherty, Kelley, Neustadt, Pregler, !;hireman and 'O(/ainwright Nay: None Page 3 CD Advisory Commission Minutes November 21, 2000 Motion by Pregler, seconded by ~Jainwright to send a letter of support to the City Council for adding a full time Historic Preservation Planner with a possible funding source of the hotel/motel tax fund. The motion carried by the following vote: Aye: Nay: Abstain: Kelley, Pregler and ~YJainwright Shireman and Neustadt Daugherty PUBLIC HEARING Amendment to the FY 2001 Annual Action Plan for the Community Development Block Grant Program. Staff Aggie Kramer reviewed for the Commission the proposed amendment for the FY 2001 Annual Action Plan. She noted the plan includes encumbrances and carry~overs from the prior program year and redistributes funds into programs which can be expended this fiscal year. She noted the plan includes $245,000 for acquisition, $3,700 for a downtown directory for Project Concern/Information and Referral, ~;160,000 for neighborhood park improvements for Audubon School and Flat Iron Park, .~1,500 for Deer Management Program and ~30,000 for the Historic Preservation Rehabilitation Grant. Motion by Pregler, seconded by Neustadt to open the Public Hearing on the FY 2001 amendment. The motion carried by the following vote: Aye: Nay: Abstain: Daugherty, Kelley, Neustadt, Pregler and ~Jainwright None Shireman At the public hearing, David Harris requested ~;50,000 of funding for removal of paint from brick buildings. He noted this initial funding would provide for landlords to address issues of appearance of buildings and improve and revitalize downtown neighborhoods. The Commission discussed the installation of play equipment at Flat Iron Park. Doris Hintgen stated the Board of REALTORS has been involved in the improvements to Flat Iron Park. She noted that neighborhood support has been received for park improvements. Motion by Neustadt to reduce CP2 funding by ~;35,000 to allow funding of the Painted Brick program. The motion was withdrawn following discussion with staff as to the current funding agreements for the CP2 Program. Motion by Neustadt, seconded by Pregler to move $50,000 from contingency to the paint removal program. The motion carried by the following vote: Aye: Nay: Daugherty, Kelley, Neustadt, Pregler, Shireman and ~Jainwright None Motion by Pregler, seconded by x,VJainwright to adopt and forward to the City Council the FY 2001 amendment as amended. The motion carried by the following vote: Aye: Daugherty, Neustadt, Pregler, Shireman and X~Jainwright Nay: Kelley Page 4 CD Advisory Commission Minutes November 21, 2000 FY 2002 ANNUAL ACTION PLAN Staff Aggie Kramer reviewed the proposed FY 2002 Annual Action Plan. She noted the proposed funding coincides with the budget being prepared for the City of Dubuque. She also stated the programs are ranked according to the priorities identified in the Consolidated Plan and she reviewed the break down in administration costs as requested by the Commission. The Commission discussed the future funding of a neighborhood resource center and referred the matter to the Neighborhood Development Specialist for further review. Motion by Neustadt, seconded by Daugherty to eliminated funding of the Community Partnership Program and disburse $45,000 to the Housing Painted Brick Program and $30,000 to Downtown Comprehens!ve Planning. The motion carried by the following vote: Nay: Daugherty, Kelley, Neustadt, Pregler, Shireman and Wainwright None Motion by Kelley, seconded by Pregler to set the proposed FY 2002 Annual Action Plan for Public Hearing for December 6, 2000 at St. Mark Community Center. The motion carried by the following vote: Nay: Daugherty, Kelley, Neustadt, Pregler, Shireman and ~v'ainwright None DOWNTOWN COMPREHENSIVE PLANNING Staff Laura Carstens requested the Commission endorsement of the proposed Downtown Comprehensive Planning Process. She thanked the Commission for their proposed funding but stated CDBG funding would exceed the 20% administration cap. She requested a letter of support to the City Council for the planning process and funding. Motion by Neustadt, seconded by Pregler to amend the FY 2002 proposed Annual Action Plan to remove the $30,000 from the downtown planning process and place into contingency. The motion carried by the following vote: Aye: Nay: Daugherty, Kelley, Neustadt, Pregler, Shireman and Wainwright None Motion by Yqainwright, seconded by Daugherty to send a letter of support to the City Council on the downtown planning process. The motion carried by the following vote: Aye: Nay: Daugherty, Kelley, Neustadt, Pregler, Shireman and Wainwright None ITEMS FROM COMMISSION Commissioner Mike Kelley submitted a letter of resignation from the Commission due to his moving out of his census tract. He stated his willingness to remain on the Commission until a replacement is found. The Commission expressed their appreciation for Mike's participation and requested staff to verify with Legal staff if and for how long Mr. Kelley can remain on the Commission. Bill Daugherty also noted he may be leaving the Commission within the next few months due to moving. Page 5 CD Advisory Commission Minutes November 21, 2000 ITEMS FROM STAFF Staff Aggie Kramer noted that the Commission had proposed changing the meeting dates to the second Thursday of the month. She noted meetings could not be held in the Auditorium of the Library on this date, but may be possible at St. Mark Community Center. The Commission determined to defer their decision on meeting dates until following the December 6 meeting at St. Mark Community Center. ADJOURNMENT The meeting was adjourned at 9:12 p.m. ll-21~O0.cdacmin.doc Five Flags Commission Meeting November 20, 2000 PRESENT: Rod Bakke, Mike Brannon, Gary Dolphin, Cynthia Fuller ABSENT: Steve Sesterhenn STAFF PRESENT: Jamie Blum, Jodi Lukens, Gil Spence The Five Flags Commission meeting convened at 4:32 p.m. in the Manager's office at Five Flags Center. Chairperson Mike Brannon presided. Minutes of October 16, 2000 meeting were approved. There were no additions or deletions to the agenda. Gil Spence explained to the Commission members that the proposed Operating Budget is at the same level of service as in the past with no fee increases. He explained how the numbers are generated. Some Commission members had questions regarding some of the areas and Gil answered the questions to their satisfaction. Gary Dolphin motioned to approve the FY2002 Operating Budget, Cindy Futler seconded the motion and all approved. During information sharing Jamie Blum said that Spirit of the Dance had their second performance on November 14th. The Wallflowers concert will be next week with the Holiday Pops Concert and the Christmas Craft Fair to followon the first weekend in December. The Harlem Globetrotter tickets will be going on sale December 4 and performing January 8 . We ve had several new bookings to the building, Dubuque Dance Studio is performing their Christmas program in the theater, East Dubuque High School will be having their prom in the ballroom in the spring and Sterling Brothers Circus plans to come in March. Mike Brannon also added to information sharing that he heard Brad Parks from the NewYear's Eve event had spoken to a member of the Dubuque Symphony's board and was telling him that he got the Five Flags Center for free. This prompted the board member to write a letter to Gil Spence. Gil Spence said that he would pass the letter onto the City Manager. During other business Gil Spence explained that there was a meeting scheduled with High School Hockey members after the commission meeting and invited any of the Commission members to stay if they would like. After talking with the High School Hockey members he hopes to be able to relay more details about the situation to the Commission members at the next meeting scheduled for December 18~. There being no further business, the meeting adjourned at 5:04 p.m. Respectfully submitted, Mike Brannon Chairperson CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF ~'~E CITY OF DUBUQUE HAS THE AOT~ORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE Name of Claimant: Address: ~ Telephone Date of Incident: Time of Incident: PAID. 1. 2. 3. 4. 5. 6. of incident. 7. DEs~IBE ACCIDE~ OR OCC~cE ~T CAUSED INOUKY OR D~E. (~ive full details upon~ which you base your claim. If a City ~loyee ~s involved, ~ive the ~ployee,s n~e.) 9. Give n~. ~d address of 10. Did police inves~i~a=e~ (If so, ~ive n~es of officers.) inj u=i~s. ) 12. Was any damage done to progerty? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent,of ~amage.) 1.3. What other damages do you claim, if any? ].4. ~ave you been compensated for any part or all of your claim by .any insuranoe company? (If so, give name and address of insurance company and amount paid.) ~6 15. 16. ~aat ~nount do you claim from the City of Dubuque? ~y do you ~lai~ the Ci~y of D~u~e is responsible? 17, ~aYe you made any claim against anyone else for damages as a result of this incident? .... If yes, give name and address: iff the answer to QuestiOn 1.7 is yes, 'have you received any pal/meat from that'source, and if so, in what amount? Dated a~ Dubuque, Iowa, this ,>. (Signature) (Print Name) YASER AUTO BODY INC 4488 DODGE STREET DUBUQUE, IA 52003 FEDERAL ID # 42-1131724 PHONE: 319-557-7376 FAX: 319-557-1709 CD LOG NO 0004537 DATE 12/22/00 SHOP CONTACT: GAYLE PURMAN Page INSP DATE 12/22/00 OWNER ED KRUSE ADDRESS MARQUETTE PLC CITY STATE DBQ IA ZIP 52001 INS CO CLAIM~ POLICY% LOSS DATE 1998 CHEV VENTURE 120" LIC# BODY COLOR WHEELBASE VAN HOME PHONE WORK PHONE CONTACT PHONE CLAIM REP DEDUCTIBLE VIN MILEAGE (319)583-4796 1GNDX03E2WD188923 DAMAGE REPORT LINE REPAIR DESCRIPTION 1 REPLACE NEW PART LEFT OUTER R/C MIRROR ADJ% PARTS$ 125.00 LABORS 19.50' TOTALS PARTS PAINT MATERIAL BODY LABOR-SM MECH/ELEC LABOR-ME FRAME-PR LABOR REFINISH-RF LABOR SUBLET TOWING STORAGE TAX ESTIMATE TOTAL INSURANCE PAY CUSTOMER PAY 125.00 .00 19.50 .00 .00 .00 .00 .00 .00 8.67 153.17 153.17 .00 Copyright, 2000 Automatic Data Processing CLAIM AGAINST THE CITY .OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE cITy OF DUBUQUE HAS THE AUTHORITY TO MAi~E ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: 2. Address: 252g 3. 4. Telephone N,,~Ber: D, te of Incident: /2-2-1 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 na~e.) 9. Give name and address of any witnesses. 10. 11. Did police investigate? (If so, give names of officers.) Was anyone injured? (If so, give name, a~res~and extent of injuries.) 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. 14. 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 amount paid.) 15. 16. 17. What ~unount do yOU claim from the City of Dubuque? Why do you claim the City of Dubuque is responsible? Have you mad~ a~.y claim against anyone else for damages as a result of thls lncident? ~/~ If,..yes, give name and'address: 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa, this 200~ (Revised January, 2000) (Signature) (Print Name) Date: 12/22/00 10:45 AM Estimate ID: 2826 Estimate Version: 0 Preliminary Profile ID: Mitchell Damage Assessed By: LENNY VALENTINE & SONS, INC. 923 PERU RD DUBUQUE, IA 52001-8604 (319) 588-4689 Fax: (319) 588-4650 Tax ID: 42-1125448 TWO CONTINENTAL FRAME M~CHINES GENESIS II COMPUTERISED MEASURING SYSTEM PRICE IS E~SY TO BEAT/QUALITY IS NOT UNIBOD¥ SPECIALISTS WAYNE VALENTINE Deductible: UNKNOWN Owner MA'CI' GERMAIN Address: 148 1/2 WEST 23RD DUBUQUE, IA 82001 Telephone: Home Phone: (3t9) 582-6859 Description: 1990 Eagle Talon TSi Body Style: 2D Cpe VlN: 4E3CT64USLE144583 Mitchell Service: 9t 2426 Drive Train: 2.0L Turbo lnj 4 Cyl 5M 4WD Line Entry Labor Line Item Part Type/ Item Number Type Operation Description Part Number I 202590 DDY REMOVE/REPLACE 2 900500 BDY* REPAIR 3 200014 GLS REMOVE/REPLACE 4 220850 BDY REMOVE/REPLACE 5 220900 BDY REMOVE/REPLACE 6 220920 BDY REMOVE/REPLACE 7 220920 BDY REMOVE/REPLACE 8 220920 BDY REMOVE/REPLACE 9 220940 BDY REMOVE/REPLACE 10 220940 BDY REMOVE/REPLACE 11 220940 BDY REMOVE/REPLACE 12 231190 BDY REPAIR 13 AUTO REF REFINISH 14 231380 BDY REMOVE/INSTALL 16 231550 BDY REMOVE/REPLACE 16 936001 ADD'L COST 17 AUTO REF ADD'L OPR 18 AUTO ADD'L COST 19 AUTO ADD'L COST 20 AUTO ADD'L COST R SIGNAL LAMP ASSEMBLY CLEAN INTERRIOR W/SHIELD GLASS UPR W/SHIELD MOULDING R ROOF DRIP NAIL MOU~LDING R W/SHIELD MOULDING INSERT R W/SHIELD MOULDING rNSERT R W/SHIELD MOULDING INSERT R W/SHIELD PILLAR GR(~MMET R W/SHIELD PILLAR GROMMET R W/SHIELD PILLAR GROMMET ROOF PANEL ROOF PANEL ROOF HEADLINER FRT ROOF TRIM TOWING CLEAR COAT PAINT/MATERIALS SHOP MATERIALS HAZARDOUS WASTE DISPOSAL ESTIMATE RECALL NUMBER: 12122/00 08:13:17 2826 UItraMate is a Trademark of Mitchell International Mitchell Data Version: DEC_O0_A Copyright (C) 1994 - 2000 Mitchell international UltraMate Version: 4.6.004 All Rights Reserved MB597764 Sublet Sublet MB479089 MB479088 MB479533 MB479533 MB479533 MB$81717 MB551717 MB55t717 Ex[sting Existing MB828045 Dollar Labor Amount Unite 86.00 0.3 # 75.00' 0.0' 249.95* 0.0'# 10.75 3.5 # 46.00 0,2 1,45 1,45 1,45 1.70 t .70 1.70 10.0'# C 2.4 21.00 0.2 1.0 8t.60' 25.00 * 2.55 * Page t of 2 * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc Date: 12/22/00 10:45 AM Estimate ID: 2826 Estimate Version: 0 Preliminary Profile ID: Mitchell Labor Subtotals Units Body 15.7 38.00 Refinish 3.4 38.00 Add'l Labor Sublet Rate Amount Amount Totals 0.00 75.00 671.60 T 0.00 0.00 t29.20 T Taxable Labor Labor Tax ~ 6.000 % Labor Summary 19.1 800.80 48.05 84~.85 II. Part Replacement Summary Taxable Parts Sales Tax Total Replacement Parts Amount Ill. Additional Costs Taxable Costs Sales Tax Non-Taxable Costs Total Additional Costs 6,000% Amount 137.56 8.25 t06.60 252.40 IV. Adjustments Customer Responsibility I. Total Labor: II. Total Replacement Parts: IlL Total Additional Costs: Gross Total: IV. Total Adjustments: Net Total: This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual repair. 6,000% 423.15 25,39 448.54 Amount 0.00 848.85 448.54 252.40 1,549.79 0.00 1,549,79 ESTIMATE RECALL NUMBER: 12/22/00 08:t3:t7 2826 UltraMate is a Trademark of Mitchell International Mitchell Data Version: DEC 00 A Copyright (C) 1994 - 2000 Mitchell International UItraMate Version: 4.6.004 All Rights Reserved Page 2 of CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY TEE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WiLL NOT BE PAID. 1. Name of Claimant: 3. Telephone 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? ~f~) / 9. Give n=e and address of any witnesses. ~,~. ~s ~yo~e f~j~red~ (~f so, ~f~e ~e, ~ddress ~d extent f~j~fes. ) 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City_of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against anyone else for damages as a result of this incident? ~ If~..yes, give name and address: ~/~ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa, this ~ day of 2000 (Revised January, 2000) (Print Name) ACORD, A~UTOMOBILE LOSS NOTICE Ye~ig {n~uraree & Re~l Estate ~686 Cresc~ F~dge & Hi~y 2O COBE= /~/-- y~ i SUBCODE= ~/ COMPANY i NAIC CODE: POLICY NUMBER MISCELLANEOUS INFO (Site & location code) REFERENCENUMBER iI CAT# AGENCY INSURED NAME AND ADDRESS I SOC SEC ~. RESIDENCE PHONE (~o) ~ BUSlN~ PHONE (~C, No, ~) I wKE.TocosT^sT BUS..E~ P.O.E(~C, No, ~) L_~,/j~ ~ ~ RESIDENCE PHONE (A/C, No) LOSS ' I cAUo~NHTOA~D: *,~.~'.~ ~' C,~__V,OLATIONS/CiTA'nONS [Use separate sheet, POLICY INFORMATION BODILY INJURY BODILY INJURY i PROPERTY DAMAGE SINGLE LIMIT (Pe~ Person) (Per Ac 'dent) ] LOSS PAYEE UMBRELLA/! E'4(;E.~ I I UMBRELLa, INSURED VEHICLE VEH # YEAR MAKE: / ¢? .OGEL: OWNER'S NAME & MEDICAL PAYMENT I EXCESS I CARRIER/ ~ LIMITS: BODY 7-.~,~ p ~ ~_.-r-- ,.,.,.: DRIVER'S NAME same as owner) RELATION TO INSURED DATE OF BIRTH ! DRIVER'S LICENSE NUMBER (Employee, family, etc.) i SE SEEN? DESCRIBE I ESTIMATE AMOUNT WHERE CAN DAMAGE I VEHIC~S PLATE NUMBER RESIDENCE PHONE BDEINESS PHONE STATE USED WITH PURPOSE ~MISSION? I IDP'ES WHEN CAN VEH BE SEEN? OTHER INSURANCE ON VEHICLE. PROPERTY DAMAGED OWNER'S "? (Check RESIDENCE PHONE DESCRIBE i ESTIMATE AMOUNT r WHERE CAN DAMAGE DAMAGE ] BE SEEN? INJURED NAME & ADDRESS PED INS OTNi AGE I PHONE (A/C. NO) VEH VEH; I EXTENT OF iNJURY WITNESSES OR PASSENGERS NAME & ADDRESS PHONE (A/C, No) VI~ vOET~ OTHER (Specify) , adjuster assigned) ,~ ACORD 2 (10/98) NOTE: IMPORT~'N~TATE'INFOR~/~TION/~N RE'~EERSE S.IB~ ~ ® A~ORD CORPORATION 1988 Date: 12/12/00 08:87 AM Estimate ID: 1121 Estimate Version: 0 Preliminary Profile ID: Mitchell Damage Assessed By: Dan Kruse Pontiac, Nissan, BHW 600 Century Drive Dubuque, IA 52002 (319) 683-7345 Fax: (319) 583-7349 Dave DeMoss Deductible: UNKNOWN Insured: GARY REITER Address: 1979 ASBURY RD DUBUQUE, lA 52001 Telephone: Home Phone: (319) 557-1031 Mitchell Service: 917493 Description: 1998 Pontiac TransSport SE Body Style: Van 112" WB VlN: 1GMDU03E2WD273936 Drive Train: 3.4L Inj 6 Cyl 2WD Line Entry Labor Line Item Item Number Type Operation Description Part Number Dollar Labor Amount Units I 700836 BDY REMOVE/REPLACE L FRT DQQR POWER_MIRROR 2 700642 BDY REMOVE/INSTALL L FRT DOOR TRIM PANEL 10422023 GM PART t25.00 0.3 # OA # ~ Labor Note Applies I. Labor Subtotals Body Labor Suntarary Addq Labor Sublet Units Rate Amount Amount Totals 0.7 38.00 0.00 0.0O 26.60 T Taxable Labor 26.60 Labor Tax ~ 6.000 % 1.60 0.7 28.20 IlL Additional Costs Total Additional Costs 0.00 II. Part Replacement Summary Taxable Parts Sales Tax ~ Total Replacement Parts Amount IV. Adjustments Customer Responsibility I. Total Labor: II. Total Replacement Parts: 01. Total Additional Costs: Gross Total: 6.000,% 125.00 7.50 132.$0 0.00 28.20 132.50 0.00 160.70 ESTIMATE RECALL NUMBER: 12/12/00 08:36:33 1121 UitraMate is a Trademark of Mitchell Intemstional Mitchell Data Version: DEC_00_A Copyright (C) 1994 - 2000 Mitchell international UfirsMate Version: 4.6.004 All Rights Reserved Page t of 2 Date: 12/12700 08:37 AM Estimate ID: 1121 Estimate Version: 0 Preliminary Profile ID: Mitchell IV. Total Adjustments: Net Total: This is a preliminary estimate. .Additional chanqes to the estimate may be required for the actual repair. REPORT IS BASED ON OUR INSPECTION AND DOES NOT ~DDIONAL PARTS OR LABOR WHICH MAY BE R~ QUIRED AFTER ~"~-~t~-~A~ BEEN OPENED UP TH~ INS,WILL BE NOTIFIED. 0.00 160.70 ESTIMATE RECALL NUMBER: 12/12/00 08:36:33 1121 UitraMate is a -T~rildemark of Mitc~ ~i~,.p ._~tional Mitchell Data Version: DEC_00_A Copyright (C) tg94 "200~ M~t~l,l~ ~/~ ~ 'onal UltraMate Version: 4.6.004 All Rights Page 2 of 2 CLAIM 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 W~ETHER YOUR CLAIM WILL OR WiLL NOT BE PAID. 1. 2. 3. 4. 5. 6. Name of Claimant: Address: Telephone Date of Incident: Time of Incident: la-II-oo / I Location of incident. (He specific) ~ployee was involved, give the ~ployee's 8. ~at were weather conditions like? 9. Give n~e and address of any witnesses. 10. Did police mnvestlgat,e. (If so, give names of officers.) 11. Was anyone injured? (If so, give name, injuries.) address and extent of 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque? 16. why do you claim the City of Dubuque is responsible? ~ave you ~ade any claim agaznsd ~yo~e else for d~aces as a result of this i~cident? ~d 17. If.~yes, give name and address: 18. If the pa~%rment answer to Question 17 is yes, have you received any from that source, and if so, in what amount? Iowa, this (Revised January, 2000) (Signature) (Print D~e: '12/12/00 08:25 AM Estimate ID: 1t20 Estimate Version: 0 Preliminary Profile ID: Mitchell Dan Kruse Pontiac, Nissan, BIVlW 600 Century Drive Dubuque, IA 52002 (319) 583-7345 Fax: (319) 583-7349 Damage Assessed By: Dave DaMoes Deductible: UNKNOWN Insured: ELLEN ZELINSKAS Description; 1989 Honda Accord LXi Rn,~y Style: 4D Seal VIN: JHMCASS40KC097168 Mitchell Service: 617129 Drive Train: 2.0L Inj 4 Cyl SM Une Entry Labor Item Number Type Operation Line Item Description Part Type/ Dollar Labor Part Number Amount Units 718390 BDY AUTO REF 719130 BDY 719230 BDY 720890 BDY AUTO REF AUTO AUTO REPAIR L FRT DOOR SHELL REFINISH L FRT DOOR OUTSIDE REMOVE/REPLACE L,,J;RT DOOR POWER MIRROR REMOVE/REPLACE t/[. FRT DOOR MOULDING REMOVE~INSTALL L FRT DOOR OUTSIDE HANDLE ADD'L OPR CLEAR COAT ADD1. COST PAIN17MATERtALS ADD'L COST HAZARDOUS WASTE DISPOSAL Existing 4,0* C 2.3 ORDER FROM DEALER 172.00 0,7 76322-SE3-A13 49.10 0,3 Existing 0.3*# 0.0* 73.80 * 3.80 * * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc Add'l Labor Sublet I~boy Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 5.3 38.00 0.00 0.00 201.40 T Taxable Parts 221.10' II,finish 3.2 38.00 0.00 0.O0 121.80 T Sales Tax ~ 6.000% 13.27 Taxable Labor 328.00 Total Replacement Parts Amount 234.37 Labor Tax ~} 6.000 % 19.38 Labor Summary 8.5 342.36 Additional Costs Amount IV. Adjustments Amount Non-Taxable Costs 77.10 Customer Responsibility 0.00 'r~tal Additional Costs 77.10 ESTIMATE RECALL NUMBER: 12/12/00 08:20:~1{1~ Ul~a Trademark of Mitchell International MItchell Data Version: DEC_00_A Copyri~l~t (C) 1994 - 2000 Mitchell International UltraMate Version: 4.6.004 All Rights Reserved Page 1 of 2 Date: 12/12/00 08:25 AM Estimate ID: 1120 Estimate Version: 0 Preliminary Profile ID: Mitchell I. Total Labor: IL Total F~lacementpads: III. Total Additional Coats: Gross Total: 342.38 2,~..37 77,10 663.g0 IV. Total Adjustments: Nat Total: This is a preliminary estimate. Additional chanqes to the estimate may be required for the a~t4~al repair. THIS DAMA(~E KEPORT IS BASED ON OUR INSPECTION AND DOES NOT CO*~,.~ ~ ,ADDIONAL PARTS OR LABOR WHICH MAY BE I~EQUIRE~, AFTER '.f~.~,r~Ol:~ ~ BE.~I' OPENED ~ THE INS,I~.T. BE NOTIFIED. 0100 ESTIMATE R~ NUMBER: 12/12/00 08:20:24 1120 UltraMate is a Tradema~ of Mitchell International MJtchell~ata Versiolt: DEC_00 A Copyright (C) 1994 - 2000 Mitchell International UET~Mate,Version: 4~004 - All Rights Resen, ed Page 2 of 2 BARRY A.. LINDAHL~ SQl. CORPOKATI ON C OUN SE~ MEMO To: Date: Mayor Terrance M. Duggan and members of the City Council December 21, 2000 Claim of Wads Pilcher Claimant Wade Pilcher Date of Claim Date of Loss Nature of Claim 12/4/00 11/29/00 towing charge This is a claim for reimbursement of towing charges that the claimant sustained when his car was towed from a fire scene shortly after he was told he could not remove the vehicle himself. According to the report of Fire Chief E. Dan 'Brown, the claim is correct as f'iled. It is therefore the recommendation of the Legal Department that this claim, in the a~ount of $58.30, be paid by the Finance Director and submitted to ICAP for reimbursement. BAL/cg/enc. cc - Chief E. Dan Brown cc - Mr. Wade Pilcher 196 CYCARE PLAZA DUBUQUE IOWA 52001 T~LE 519 583-4113 FAX 519 583-I040 e-mail b~lesq~mwci.net Fixe Department ll West 9hh Street Dubuque, Iowa 520014839 (319) 589-4160 E. Daniel Brown, Chief December 7, 2000 Ms. Carol A. Gulick Legal Department 196 Dubuque Building 700 Locust Street Dubuque, IA 52001 6824 Re: Claim of Wade Pilcher In regard to the claim.of Wade Pilcher filed against the City of Dubuque for the reimburSement of towing charges of his vehicle that was parked at a fire scene on Central Avenue, I feel this claim to be valid and recommend payment of same. Sincerely, E. Daniel Brown Fire Chief EDB:Is Service People Integrity Responsibility kmovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager IT Group - Former People's Natural Gas 925 Kerper - Monitoring Wells Public Works Director Mike Koch is recommending installation of four new groundwater- monitoring wells on the City property adjacent to 925 Kerper Boulevard. He further recommends adoption of the attached Resolution authorizing the Mayor to execute the attached License Agreement Right-of-Way Entry for Site Assessment. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Bm'fy Lindahl, Corporation Counsel Thn Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 18, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director IT Group - Former People's Natural Gas 925 Kerper - Monitoring Wells INTRODUCTION This is in response to a November 28, 2000 request from IT Group, on behalf of MidAmerican Energy Company, to install four new groundwater- monitoring wells within the public right-of-way for the former People's Natural Gas site. DISCUSSION IT Corporation plans to complete four new groundwater-monitoring wells within the City of Dubuque right-of-way in the southbound lane of the former US Highway 151 and in the median separating the north and southbound lanes. All work will be in compliance with EPA and abandoned in compliance with the Iowa Administrative Code. Attached is a map, which identifies the location of the proposed wells. All of the wells will be located in the raised median of Kerper Boulevard behind the Operations and Maintenance garage. Completion of the proposed monitoring wells will allow MidAmerican Energy Company to stay in compliance with U.S. EPA regulations. City Council approval would be in the form of a License Agreement between MidAmerican Energy Company and the City which outlines the responsibility of MidAmerican Energy Company, provides an indemnity to the City, and requires proof of liability insurance for placement of the monitoring wells on City property. The attached License Agreement provides that the City shall have no liability for any environmental contamination occurring on the project's property, on City property, or on adjacent private property as a result of contamination from the property owner's site. In addition, the licensee agrees that when a monitoring well is no longer needed for monitoring purposes, or if advised by the City, that the City property upon which the wells are Iooated is required for municipal purposes, the licensee shall remove the wells from City property and abandon them in compliance with all Federal, State and local laws. RECOMMENDATION All the appropriate documents, including a map of the well locations and proof of liability insurance, have been submitted by MidAmerican Energy Company and have been approved by City staff. I would, therefore, recommend that the request to install the groundwater monitoring wells on the City property adjacent to 925 Kerper Boulevard be approved. I would further recommend that the City Council adopt the attached resolution authorizing the Mayor to execute the attached License Agreement Right-of- Way Entry for Site Assessment. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute the License Agreement with MidAmerican Energy Company. MAK/vjd Prepared by Jane Smith, Engineering Assistant RESOLUTION NO. -01 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MIDAMERICAN ENERGY COMPANY TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY IN THE VICINITY OF 925 KERPER BOULEVARD WHEREAS, MidAmerican Energy Company has requested permission from the City of Dubuque to install groundwater-monitoring wells on City right-of- way of Kerper Boulevard, for the purpose of assessing groundwater conditions relating to the former People's Natural Gas site; and, WHEREAS, a License Agreement Right-of-Entry for Site Assessment has been prepared outlining the responsibilities of MidAmerican Energy Company in the installation of monitoring wells on the public right-of-way; and, WHEREAS, the performance of the activities of MidAmerican Energy Company will be at no cost or expense to the City and all work will be performed by the Licensee, MidAmerican Energy, or its employees, agents for subcontractor; and, WHEREAS, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the License Agreement for Right-of-Entry for Site Assessment be and the same is hereby approved. Section 2. The Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk · ' group Co po aon 2733 99th Street Urbandale. IA 50322-3888 TeL 515.252.0234 Fax. 515.252.0206 November 28, 2000 Engineering Division Attn: Jane Smith 50 West 13th Street Dubuque, Iowa 520014864 RE: Former Peoples Natural Gas Site, 925 Kerper Blvd, Dubuque, Iowa Dear Jane, IT Corporation, on behalf of MidAmerican Energy Company (MEC), requests access to complete environmental drilling in the right-of-way (ROW) of Kerper Boulevard at the Former Peoples Natural Gas site. IT Corporation plans to complete four new groundwater-monitoring wells within the City of Dubuque right of way. The proposed monitoring well locations extend east of the site into the southbound lane of former US Highway 151 and into the median separating the north and southbound lanes. Locations of the proposed monitoring wells can be found on attached map Figure 1. Completion of the proposed monitoring wells will allow'MidAmerican Energy Company to stay in compliance with U.S. Environmental Protection Agency regulations and prevent onsite contamination migration. Attached to this request, please find the completed and signed license agreement, certificate of insurance for MEC, and site identification map. If there are questions or comments please feel free to call David Wonder or myself at (515) 252- 0234. Sincerely IT Corporation Josh Phillips Environmental Scientist MidAmerican Energy Company Robert Buschbom Senior Environmental Coordinator LICENSE AGREEMENT RIGHT-OF-ENTRY FOR SITE ASSESSMENT ,~¢i~ ~/~/~ - (hereafter "the Licensee") and the City of Dubuque, Iowa (he'/re/after "the City"), hereafter collectively referred to as the "the Parties". WITNESSETH: WHEREAS, the Licensee has entered into a contract with the Iowa Comprehensive Petroleum Underground Storage Tank Board (hereafter "the Board") to investigate potential petroleum contamination at a number of Underground Storage Tank (UST) sites in Dubuque pursuant to a Community Remediation Project undertaken by the Board in the Dubuque metropolitan area; and WHEREAS, pursuant to said contract, the Licensee will assess and investigate said sites to determine the presence of petroleum contamination by taking soil samples and installing groundwater monitoring wells (hereafter "the Activities"), all in contemplation of the preparation and submission of a Site Clean-Up Report (SCR) to the Iowa Department of Natural Resources by the Licensee; and WHEREAS, the investigation of said sites, listed in Exhibit "A" attached hereto and hereafter referred to as the "Project Properties", will in many instances involve the investigation of adjacent City-owned property, or City-owned street or alley right-of- way, hereafter referred to as "City Property" or the "City Properties"; and WHEREAS, the Licensee's performance of the Activities herein provided will be at no cost or expense to the City and it is recognized that all work will be performed by the Licensee or its employees, agents, or subcontractors; and WHEREAS, it is the desire and intention of the Licensee and the City to make this mutual agreement with respect to access to City Properties and with respect to the Activities to be conducted upon the said City Properties. NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings hereinafter made by the City and the Licensee, the said parties do hereby agree as follows: The City hereby grants to the Licensee, its contractors, subcontractors, and their employees and agents, a temporary license to enter upon City Properties adjacent to Project Properties for the performance of the assessment and investigation activities described hereinbelow (the "Activities"), and the right to enter shall continue in effect until --. If at that time the Licensee has not completed all Activities require of it under its contract with the Board, the City may, through its City Council, extend this License Agreement for such additional period or periods of time to reasonably complete the Activities. The expiration of this License notwithstanding, Licensee shall retain its obligations with respect to the maintenance and removal of monitoring wells until such time as those obligations are satisfied, all as provided in Part 5 hereof. The City represents and warrants that it owns and is lawfully possessed of all street and alley rights-of-way adjacent to the Project Properties and that it has full authority to grant and enter into this License Agreement, provided, however, that the Licensee shall be obligated to obtain permission from the Iowa Department of Transportation before conducting any of the Activities hereafter enumerated upon State highway right-of-way within the City. The assessment and investigation activities (the "Activities") to be undertaken by the Licensee may include the following: The Licensee agrees that its entry upon the City Properties shall be limited to the performance of said Activities. The Licensee further agrees to undertake and complete the said Activities upon the City Properties in a prudent and responsible manner, and in accordance with all applicable laws and regulations of the City, the State of Iowa, and the United States, and in accordance with all applicable orders, directives and regulations of IDNR or other governmental agencies having jurisdiction of the Activities. The Licensee agrees to notify the City, at the time it picks up Excavation Permits for particular Project Properties, of its intent to commence the Activities upon specific City Properties. The Licensee agrees not to conduct soil borings or to install groundwater monitoring wells upon the paved portion of any street or in any street or highway median, without special written authorization from the Public Works Director. As to privately owned "underground facilities" located upon City Property, the Licensee agrees to follow the procedures provided in Chapter 480 of the Iowa Code regarding obtaining Iocator service prior to the commencement of excavation or drilling activities, and that its responsibility and liability for damage to such facilities shall be determined in accordance with the provisions of that Chapter. As to City owned or operated "underground facilities", (including but not limited to sewer, water, electric, electronic communications, and traffic control), the City agrees that appropriate City departments or agencies will provide Iocator services for its underground facilities as required by Chapter 480 of the Iowa Code. The Licensee its agents, employees, z contractors or subcontractors, agrees that its responsibility and liability for damage to underground facilities owned or operated by the City, shall be determined in accordance with the provisions of Chapter 480 of the Iowa Code. Within a reasonable time after completion of each step of any of the Activities on City Properties, the Licensee shall cause any tools, equipment, materials except for any groundwater monitoring wells placed hereon to be removed, and shall restore said Properties to the condition they were in prior to commencement of said Activities. The obligation to remove and properly abandon each particular groundwater monitoring well upon City Properties shall remain the responsibiiity of the Licensee until each such monitoring well is properly removed and abandoned as required by applicable State or Federal law or regulation, as evidenced by a well closure report issued by a certified well driller. Alternatively, the obligation of the Licensee with regard to particular monitoring wells shall be deemed discharged upon the Public Works Directors's receipt, acceptance, and execution of an agreement, in form acceptable to the Legal Department, executed by the owner of the adjacent Project Property, pursuant to which the said property owner agrees to accept responsibility for the operation and maintenance of said monitoring well and for its removal and abandonment as above provided. The Licensee agrees that the City may retain its License Agreement Right-of-Entry for Site Assessment, hold harmless, and maintain on file certificate of liability insurance until its obligation to remove monitoring wells is deemed discharged as herein provided. The Licensee agrees that unless deemed discharged it will promptly remove and properly abandon any monitoring well located upon City Property when it is notified by the City that the City Property upon which the well is located is required for municipal purposes, including but not limited to street, sewer, traffic control, or water utility construction or repair. The City agrees to review the proposed Ioca'don of monitoring wells, if provided in advance of their installation, and to advise the Licensee if a proposed monitoring well location will conflict with planned construction activities. The City's failure to advise of such conflicts shall not excuse the Licensee of its obligation to remove monitoring wells to accommodate such construction activities by the City. The parties further agree that unless Licensee is deemed discharged, then in the event the Licensee fails to properly maintain any monitoring well or the area immediately adjacent thereto, or fails to remove a monitoring well after being advised that the City Property upon which it is located is required for municipal purposes, the City may either (a) deny Licensee access thereto, or (b) declare the said monitoring well a nuisance, cause same to be removed, and assess the costs of abatement against the Licensee, or against the Project Property or Properties for whose benefit the well was installed, all as provided in Iowa Code Section 364.12. This Agreement is intended and shall be construed only as a temporary license to enter and conduct the Activities upon City Properties and not as a grant of easement or any other interest therein. This Agreement shall be binding upon the parties hereto and upon their respective successors, representatives, heirs, and assigns. This agreement shal~ also be binding upon all current and future invitees on City Properties, if any. The Licensee agrees to the extent Licensee is negligent to defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against all manner of actions, liabilities, claims, causes of action, suits, debts, accounts, losses, damages, and attorneys' fees including but not limited to property damage or bodily injury, including death at anytime resulting therefrom, incurred by the City, its officers, agents, or employees, by the Licensee or its officers, agents, employees, contractors, or subcontractors, or by any third party, arising out of the performance of the Activities upon City Property by Licensee, or arising out of the existence, operation, maintenance, or removal of monitoring wells on City Property by Licensee, or arising out of or occasioned by the Licensee's failure to perform any act as herein required. The Licensee shat~ purchase and maintain insurance as required through the duration of this Agreement. All policies shall be in the amount, limits, forms, and with companies satisfactory to the City: Certificates of insurance required herein shall state that thirty (30) days written notice will be given to the City before the policy is canceled. Ail certificates of insurance shall be approved by the City five (5) business days prior to commencement of the Activities on City Properties. The Licensee shall purchase and maintain the following insurance, amounts, coverages and limits: WORKERS COMPENSATION: Coverage A: Statutory State of Iowa Coverage B: Employers' Liability ~100,000 each accident ~ 100,000 each employee by disease $500,000 policy limit by disease AUTOMOBILE LIABILITY: Bodily injury and Property Damage limit of liability of 91,000,0OO combined singie limit or equivalent. COMMERCIAL GENERAL LIABILITY: General Aggregate Limit 92,000,000 Products-Completed Operation Aggregate Limit $1,0OO,0OO Personal and Advertising Injury Limit $1 ,OOO,OO0 Each Occurrence Limit (;1 ,O00,O00 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 OR Combined Single Limit Medical Payments 92,000,000 $ 5,000 UMBRELLA OR EXCESS LIABILITY:* * To be determined on a case-by-case basis. Coverage is to include: occurrence form, premises/operations/products/ completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days written notice of change or cancellation. Certificates of insurance evidencing the aforementioned insurance requirements shail be filed with the Public Works Director. All insurance policies shall be issued by companies licensed to do business in Iowa or by companies satisfactory to the City. 10. Upon request by the City, the Licensee agrees to provide to the City, within 10 days of request, copies of: (a) all reports, including raw sampling data, which it has therefore made or shall thereafter make to the Board, IDNR, or any other governmental agency; and (b) all correspondence, including further orders or directives, which it received from the Board, IDNR, or any other governmental agency; relating to assessment or remediation of any particular Project Property or to adjacent City Properties. 11. Notices, reports, or correspondence required to be given or sent by this Agreement shall be directed to the following: If to the City: Michael Koch Public Works Director City of Dubuque 50 W. 13th Street Dubuque, IA 52001-4864 If to the Licensee: "~,'~'~7' ? given when placed in the mail, postage paid. 12. The undersigned warrant that they have full power and authority to execute and deliver this Agreement. The City further warrants that it has full power and authority to bind the current and future invitees on City Properties. IN WITNESS HEREOF, and the City have executed two (2) original copies of this Agreement on the dates specified immediately adjacent to their respective signatures. i~,~P/C,/c,C,d~-6~Ld ~,d,¢~// C~0, CITY OF DUBUQUE, IOWA LICENSEE LICENSOR By~~ By: Terrance M. Duggan, Mayor Date: ,/cZ/////¢O Date: ATTEST: Jeanne Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Miltigen, City Manager IDOT Project Agreement -Northwest Arterial, Phase IV Public Works Director Mike Koch is recommending that the City Council adopt the attached Resolution authorizing the Mayor to execute two copies of the agreement between the City of Dubuque and the Iowa Department of Transportation relating to construction of a recreational trail to be graded as part of the Northwest Arterial, Phase IV extension to U.S. 52. I concur with the recommendation and respectfully request Mayor and City C~ouncil approval. M . ' illigen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 19, 2000 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director t~x/'.~,~_,/ IDOT Project Agreement - Northwest Arterial, Phase IV INTRODUCTION Enclosed is an agreement between the City of Dubuque and the Iowa Department of Transportation (IDOT) relating to the construction of a recreational trail to be graded as part of the Northwest Arterial, Phase IV extension to US 52. The proposed trail will be constructed on the highway right-of-way and will be graded to a width of 14 feet at no cost to the City. The City will be responsible for the future paving and maintenance of the trail within the City's corporate limits. RECOMMENDATION The City has been requesting that the grading for a recreational trail be made as part of the Northwest Arterial extension project from the early concept development of the project. Because of IDOT's funding source, IDOT cannot fund the paving of the trail; however, they can provide the necessary grading work for the City of Dubuque to place permanent paving on the future. I would, therefore, recommend approval of the agreement between the City of Dubuque and IDOT. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute two copies of this agreement relating to the grading for a recreational trail as part of the Northwest Arterial Extension, Phase IV from John F. Kennedy Road to U.S. 52. MAK/vjd RESOLUTION NO. - 01 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE GRADING FOR A RECREATIONAL TRAIL AS PART OF THE CONSTRUCTION OF THE NORTHWEST ARTERIAL EXTENSION FROM JOHN F. KENNEDY ROAD TO US 52 Whereas, the Iowa Department of Transportation (IDOT) is proposing to construct a four-lane divided highway extending from its current terminus of John F. Kennedy Road to US 52; and, Whereas, IDOT has prepared a project agreement outlining the terms under which the grading for a recreational trail can be incorporated into the construction project; and, Whereas, the City Council of the City of Dubuque approves the terms and conditions of said cooperative agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Agreement No. 99-4-095B consisting of the project agreement for the grading for a recreational trail to be constructed as part of the Northwest Arterial construction from John F. Kennedy to US 52. Section 2. That the Mayor be authorized and directed to execute two copies of the cooperative agreement and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Iowa Department of Transportation District 6 Office 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 P.O. Box 3150, Cedar Rapids, IA 52406-3t50 November 8, 2000 Ref: STP-32-1 (1,2)--2C-31 Dubuque County City of Dubuque Addendum 99-4-095B Michael A, Koch, P.E. Public Works Director/City Engineer 50 West 13th Street Dubuque, IA 52001-4845 SUBJECT: Proposed Improvement to Iowa 32 (Northwest Arterial) Dear Mike: Attached are two (2) copies of an addendum to Agreement 99-4-095 between the City of Dubuque and the Iowa Department of Transportation for the above referenced project. The project involves the extension of Iowa 32 (Northwest Arterial). The addendum reflects the changes in the agreement to construct a recreational trail as a part of the Iowa 32 highway improvement. Please secure the necessary approvals and signatures of the appropriate city officials and return both signed copies o£the addendum to this office for further processing. An original of the fully executed addendum will be forwarded to the city after final signature by our department. If you have any questions concerning this addendum, please contact me at the above listed phone number. Very truly yours, Richard E. Kautz, P.E. District Engineer P, r /jh Attachment STAFF ACTION: ADDENDUM TO PRECONSTRUCTION PROJECT AGREEMENT 99-4-095 County Dubuque City Dubuque Project No. STP-32-1(I, 2~-2C-31 Iowa DOT Addendum No. 99-4-095B This Addendum is entered into by and between the State of Iowa, Iowa Depaahiient of Transportation (hereat~er "DOT") Highway Division and the City of Dubuque in Dubuque County, Iowa (hereafter "CITY") in accordance with Iowa Code Section 28E.12 as follows: The DOT proposes to design, let and inspect construction ora project for a new extension of Iowa 32 also known as the Northwest Arterial, within Dubuque County. The proposed new roadway will begin at the junction of existing Iowa 32/J.F.Kennedy Road (J.F.K. Road) within the CITY and will extend northeasterly to a junction with combined U.S. 52/Iowa 3 near the City of Sageville. The new paved roadway will be a four-lane divided facility with a raised median. Each pair of lanes will be approximately 7.2 meters in width with a 1.8- meter wide paved inside shoulder and a 3.0-meter wide granular outside shoulder. Iowa 386 will also be relocated slightly to the southeast and reconstructed northeasterly and northerly approximately 645.6 meters. A 7.2-meter wide paved roadway with 2.4-meter wide granular shoulders will be constructed. The CITY and DOT previously entered into Agreement 99-4-095 for project construction. The Agreement was signed by the CITY. and DOT on July 5 and 17, 2000 respectively. Subsequent to execution of the above referenced Agreement (99-4-095) it was determined that a recreational trail would be constructed as part of the Iowa 32, Northwest Arterial improvement. The proposed recreational trail will extend along the south side of Iowa 32 and will be developed and constructed in accordance with the following terms and conditions: The DOT will design the above referenced trail as part of the proposed Iowa 32 highway improvement. Said trail design will be provided all at no cost to the CITY. o The portion of the proposed trail which will be located within the CITY extends from the Relocated 32~a Street grade separation northeasterly to the CITY's north corporation line. The proposed trail will be mostly within Iowa 32 primary Highway right of way. Any additional right of way which may be required to construct said trail (if any) will be acquired by the DOT (in the name of the State) and at no cost to the CITY. The DOT will grade the proposed trail to a subgrade width of 4.3 meters. The trail grading will be provided by the DOT all at no cost to the CITY. D. The CITY will be responsible for future paving and maintenance of the trail, within CITY jurisdiction, all at no additional expense or obligation to the DOT or project. It is the intent of both parties that no third party beneficiaries be created by this Addendum. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found tobe invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled. This Addendum may be executed in two counterparts, each of which so executed shall be deemed to be an original. This document; as well as the unaffected provisions of previously executed Agreement 99-4- 095 represents the entire Agreement between the CITY and DOT regarding Iowa 32 recreational trail construction within CITY jurisdiction. Any subsequent change or modification to the terms of this Addendum will be in the form ora duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 99-4-095B as of the date shown opposite its signature below. CITY OF DUBUQUE, IOWA By: Date ., 2000. Title: Mayor was duly authorized to execute the same on the __ Signed City Clerk of Dubuque, Iowa. , certify that I am the Clerk of the CITY, and that , who signed said Agreement for and on behalf of the CITY day of ,2000. IOWA DEPARTMENT OF TRANSPORTATION: By: Date ,2000. Richard E. Kautz District Engineer District 6. STAFF ACTION: ADDENDUM TO PRECONSTRUCTION pROJECT AGREEMENT 99-4-095 County Dubuque City Dubuque ProjectNo. STP-32-1(1, 2)-2C-31 Iowa DOT Addendum No. 99-4-095B This Addendum is entered into by and between the State of Iowa, Iowa Department of Transportation (hereafter "DOT") Highway Division and the City of Dubuque in Dubuque County, Iowa (hereafter 'CITY") in accordance with Iowa Code Section 28E. 12 as follows: The DOT proposes to design, let and inspect construction of a project for a new extension of Iowa 32 also known as the Northwest Arterial, within Dubuque County. The proposed new roadway will begin at the junction of existing Iowa 32/J.F.Kennedy Road (J.F.K Road) within the CITY and will extend northeasterly to a junction with combined U.S. 52/Iowa 3 near the City of Sageville. The new paved roadway will be a fourqane divided facility with a raised median. Each pair of lanes will be approximately 7.2 meters in width with a 1.8- meter wide paved inside shoulder and a 3.0-meter wide granular outside shoulder. Iowa 386 will also be relocated slightly to the southeast and reconstructed northeasterly and northerly approximately 645.6 meters. A 7.2-meter wide paved roadway with 2.4-meter wide granular shoulders will be constructed. The CITY and DOT previously entered into Agreement 99-4-095 for project construction. The Agreement was signed by the CITY and DOT on July 5 and 17, 2000 respectively. Subsequent to execution of the above referenced Agreement (99-4-095) it was determined that a recreational trail would be constructed as part of the Iowa 32, Northwest Arterial improvement. The proposed recreational trail will extend along the south side of Iowa 32 and will be developed and constructed in accordance with the following terms and conditions: The DOT will design the above referenced trail as part of the proposed Iowa 32 highway improvement. Said trail design will be provided all at no cost to the CITY. 2 The portion of the proposed trail which will be located within the CITY extends from the Relocated 32~a Street grade separation northeasterly to the CITY's north corporation line. The proposed trail will be mostly within Iowa 32 primary Highway right of way. Any additional right of way which may be required to construct said trail (if any) will be acquired by the DOT (in the name of the State) and at no cost to the CITY. C. The DOT will grade the proposed trail to a subgrade width of 4.3 meters. The trail grading will be provided by the DOT all at no cost to the CITY. D. The CITY wffi be responsible for future paving and maintenance of the trail, within CITY jurisdiction, all at no additional expense or obligation to the DOT or project. 4. . It is the intent of both parties that no third party beneficiaries be created by this Addendum. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such judgment shall not affect the vafidity of the Addendum as a whole or any section, provision, or part thereof not found tobe invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled. o This Addendum may be executed in two counterparts, each of which so executed shall be deemed to be an original. This document; as well as the unaffected provisions of previously executed Agreement 994- 095 represents the entire Agreement between the CITY and DOT regarding Iowa 32 recreational trail construction within CITY jurisdiction. Any subsequent change or modification to the terms of this Addendum will be in the form ora duly executed amendment to this document. 3 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 99-4-095B as 0fthe date shown opposite its signature below. CITY OF DUBUQUE, IOWA By: Date ,2000. Title: Mayor was duly authorized to execute the same on the Signed City Clerk of Dubuque, Iowa. , certify that I am the Clerk of the CITY, and that , who signed said Agreement for and on behalf of the CITY day of ,2000. IOWA DEPARTMENT OF TRANSPORTATION: By:. Date ., 2000. Richard E. Kautz District Engineer District 6. CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Klingenberg Terrace Retaining Wall Reconstruction Project Public Works Director Mike Koch is recommending acceptance of the construction contract for the Klingenberg Terrace Retaining Wall Reconstruction Project in the final contract amount of $318,626.99. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Bar~ Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: December 19, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Klingenberg Terrace Retaining Wall Reconstruction Project INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the Klingenberg Terrace Retaining Wall Reconstruction Project. BACKGROUND Through the years, the Klingenberg Terrace retaining wall had severely deteriorated and thus caused the hillside embankment to erode, which then caused the street, curbing and cable-stay guardrail to settle and collapse. It was apparent that the deteriorated street between Rosaline and Kleine Street was extremely narrow for residential parking on the south side with substandard street width for two-way traffic and made access difficult for City service vehicles. As a result of the collapsed curbing, the street's ability to effectively control and keep stormwater runoff from entering the adjacent properties was inadequate. The Klingenberg Terrace Retaining Wall Reconstruction Project provided for the construction of approximately 525 lineal feet of segmental retaining wall between Rosaline and Kleine Street. The new segmental block retaining wall provided embankment stabilization and the widening of the street from 15 feet to 25 feet, which improves access for emergency vehicles, refuse collection and maintenance operations in the winter. The additional street width between Rosaline and Kleine Street also improves the safety to local residents and improve the parking situation on the south side of the street. The new retaining wall construction also provided for the installation of approximately 500 lineal feet of new concrete curb and gutter and guardrail, which will improve stormwater drainage and safety in this area. The project also provided improvements to both the sanitary sewer and water service on Klingenberg Terrace between Kleine Street and North Main. Water main improvements included the installation of two (2) new fire hydrants, a bypass valve was installed to separate the combination high and Iow pressure system, and five (5) lead services were replaced with new copper service lines. The original clay tile sanitary sewer, which was constructed very close to the existing water main and in one location directly above the water main, was replaced with ductile iron pipe and relocated to the other side of the street, adjacent to the new retaining wall. All brick manholes were replaced. The magnitude of the sanitary sewer and water service improvements required the section of Klingenberg Terrace between Kleine Street and North Main to be totally resurfaced with asphalt. DISCUSSION The Klingenberg Terrace Retaining Wall Reconstruction Project has been completed by Portzen Construction of Dubuque, Iowa, in the final contract amount of 8318,626.99, which is a 14% increase from the original contract in the amount of 8279,989.80, however, the total project cost including final construction contract, contingency and engineering is within the project cost funding allocated. The reason for the increase in contract cost resulted from unsuitable subsurface materials encountered during the wall construction, which caused the wall to become higher in certain sections and increase in length. Staff directed the contractor to excavate and remove all unstable footing subgrade materials and replace with a compacted stone base prior to constructing the wall footing, which increased wall construction quantities. Additionally, during the utility reconstruction and street pavement replacement, unsuitable subsurface materials were encountered. Staff again directed the contractor to excavate and remove all unsuitable street subgrade materials and replace with a compacted stone base prior to replacing the asphalt pavement. RECOMMENDATION I would recommend that the City Council accept the improvement and recommend that the final contract amount be established at 8318,626.99. BUDGET IMPACT The project cost summary for the Klingenberg Terrace Retaining Wall Reconstruction Project is as follows: Estimate Bid Final Construction Contract Contingency Engineering $265,757,00 26,576.00 43,850.00 8279,989.80 26,576.00 43,850.00 8318,626.99 27,178.00 Total Project Cost $336,183.00 ~350,415.80 $345,804.99 The project is nonassessable and will be funded with an allocation from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund. The project funding summary is as follows: Estimate Bid Final FY2000 Street Program General Retaining Wall Repair Fund General Sanitary Sewer Repair Fund General Guardrail Replacement Fund $161,628.00 106,754.00 51,217.00 16,584.00 8169,939.21 106,754.00 57,643.98 16,078.61 $213,599.00 106,754.00 8,867.99 16,584.00 Total Project Funding $336,183.00 $350,415.80 $345,804.99 ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement and establishing the final construction contract amount. Prepared by Robert D. Schiesl, Civil Engineer cc: Pauline Joyce, Administrative Services Manager RESOLUTION NO. - 01 ACCEPTING IMPROVEMENT Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction 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 contracts, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund in amounts 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 RESOLUTION NO. - 01 FINAL ESTIMATE Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction 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 $345,804.99 and the said amount shall be paid from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund. Passed, approved and adopted this __ day of 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk City of Dubuque - Engineering Division Final Payment Form PAYMENT NO: FINAL PROJECT NAME: KLINGEN]~ERG TERRACE RETAIN]2~G WALL RECONSTRUCTION PROJECT CONTRACTOR: PORTZEN CONSTRUCTION DATE: 19~Dec-2000 CONTRACT AMOUNT: $279,989.80 BID ITEM UNIT UNIT COST QUANTITY AMOUNT EARNED TO DATE TO DATE 1 Excavation Wall, Unclassified C.Y. $7.00 1908.00 $13,356.00 2 Excavation, Street, Unclassified C.Y. $4.00 1593.00 $6,372.00 3 Backfill, Wall, 3/8" Clean Stone TONS $13.00 1917.89 $24,932.57 4 Backfill, Wall, Base, Stone Base, Compacted TONS $'15.00 1388.38 $20,825.70 5 Backfill, Wall, Top, 1.5" Clean Stone TONS $'12.00 6 Backfill, Limestone TONS $8.00 1667.12 $10,002.72 7 Backfill, Topsoil S.Y. $4.00 144 $576.00 8 Backfill, Wall, Top, Impervious Fill TONS $9.75 9 Graded Stone Base TONS $8.50 2321.72 $19,734.62 10 Bedding Stone, l"Clean TONS $9.00 238.06 $2,142;54 11 Removal o f Asphalt Pavement S.Y. $'1.50 2370.00 $3,555.00 12 ACC Binder Course - 2" Course TONS $35.35 229.25 $8,103.99 13 ACC Surface Course - 1.5" Course TONS $35.35 263.58 $9,317.55 14 Adjustment of Fixture in Asphalt Pavement EACH $275.00 14 $3,850.00 15 PCC Curb & Gutter, New Placement L.F. $'[2.00 508.30 $6,099.60 16 Remove and Replace PCC Curb & Gutter L.F. $'[8.00 160.30 $2,885.40 17 PCC SidewaLk, 4", Remove and Construct S.F. $5.00 700.73 $3,503.65 18 Flowable Mortar C.Y. $70.00 2.50 $175.00 19 Sanitary Sewer Pipe, 8" DIP w/Wrap L.F. $30.00 886.33 $26,589.90 20 Sanitary Sewer, PCC Manhole Sidewall 48", Complete L.F. $90.00 46.62 $4,195.80 21 Sanitary Sewer, PCC Manhole Base 48", Completo EACH $300.00 8 $2,400.00 22 Sanitary Sewer Manhole, Ring (Frame) and Cover, Complete EACH $250.00 8 $2,000.00 23 Sanitary Sewer, DIP Tee 8" x 4" EACH $200.00 20 $4,000.00 L.F. $25.00 107 $2,675.00 L.F. $25.00 20.83 $520.75 24 Sanitary Sewer, 4" C.t.P. Lateral 25 Watermaln 6" DIP, Pash on Joint w/Polywarp, Class 52 26 Fi~g 6x6x6 MJ Tee EACH $300.00 1 $300.00 27 Valve, Gate (6") M.J R.S "O" Ring EACH $500.00 5 $2,500.00 28 Water Service Line Valve Box, Complete EACH $300.00 1 $300.00 29 Water Service Linc, Corp, 3/4" EACH $250.00 2 $500.00 30 Water Valve Box, Buffalo Slreet Box, Upper Section and Lid EACH $200.00 1 $200.00 31 Hydrants, MJ, New, Complete EACH $'1,500.00 2 $3,000.00 32 Mega Lug Retainer Glands, 6" EACH $'100.00 9 $900.00 33 Sleeve, 6" M.J #441 EACH $'150.00 3 $450.00 34 Water Service Line, 3/4" Copper pipe L.F. $20.00 96.50 $1,930.00 35 Water Service Lines Stop Box, 3/4" Tap, Complete EACH $375.00 6 $2,250.00 36 Water Service Disconnect EACH $400.00 1 $400.00 37 Seeding, Fertilizing & Mulching S.Y. $2.60 804.83 $2,092.56 38 Sodding S.Y. $8.25 321.73 $2,654.27 39 Erosion Control, Silt fence L.F. $8.00 500.00 $4,000.00 40 Filter Fabric S.F. $0A5 41 Geosynthific Reinforcing S.F. $0.52 33536.00 $17,438.72 42 Guardmil, Formed Steel W-Beam L.F. $9.90 512.50 $5,073.75 43 Removal of Cable Guardrall, Complete L.S. $1,000.00 1 $1,000.00 44 Post, W6 x 8.5 I-Beam w/Blockout EACH $66.00 83 $5,478.00 45 Type RE-33A W~Beam End Anchorage EACH $880.00 2 $1,760.00 46 Drain Tile, Per rotated Plastic Pipe, 4" L.F. $'1.00 670 $670.00 47 ¥'¢?oo!hLg.._,5?_~!la_6.11x.2_4..'.'. ........................ I.F. $18.00 531.66 $9,569.88 49 Asphalt fiaw~u* 50 Traffic!S~fe~y ~51 A_ cEaloFx[}e~!~o~)~.¥1_iqaDnteofAug_t_~s.t l:~-0Pg- D~BUC"(-) $10,00000 1 ($10000.001 53 RockExravalJon Complete ................ C.Y. $50 O0 31.63 $1 551.50 - :'-' ,~ ........ ,;'~', .... "-'EACtI $150,00 1 $1J0,00 54 S~ la~)' S~scr DIP ~ x 6 R,.du~r ........... .................. -- ................................. , , 3" TONS $8.50 221 54 $1 883.09 55 Cn shed S~on~ Base ............ ......... - .............. - .................................... 5'7 ACC Sur;~. W~H, Top. Impmwious Surfak, lland. ~c.~L TONS $~5.00 59.92 $3 894.80 TOTAl, DUE CONTRACTOR: ENCINEERING: TOTAL CONSTRUCTION COST: [ $318,626,99 I hereby certify that the above statement shows in detail t~,e cnn'ecL amount of all work to ~mple above improvm~zent, APPROVED .............. Michael Van Milligen, City Manager City or Dubuque, lo~ Michael A. Koch, Public Works Dirc~or City of Dubuque, Iowa CERTIFICATE OF '1'I1~_C_ .0. ~ '£hc mider~igoed ..................................... acce~t ~h¢ above "Total Duc Contractor", as f~fil setllmam~l for all claims for said improvement. co~'rr,,~c'ror~: Iowa Department of Transportation 5455 Kirkwood Blvd, SW 319-365-3558 Cedar Rapids, IA 52404 FAX: 319-365-2317 December 11, 2000 MP-52-6(705)33--76-31 Dubuque County City of Dubuque The Honorable Terry Duggan, Mayor 50 West 13th Street Dubuque, IA 52001-4864 SUBJECT: Crack Sealing - US 52 Dear Mayor Duggan: This letter is official notification to your City Council that the Iowa Department of Transportation proposes to let a crack sealing project on January 26, 200i. The work consists of sealing cracks in asphalt cement concrete pavement. The project is located on US 52 from St. Donatus northerly 12 miles to Grandview Avenue in Dubuque. A portion of the project lies within the corporate limits of Dubuque. It is anticipated that the project will be completed in calendar year 2001: The work will be done in accord with the current Form 810034, "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund m~d no charges will be made against the city. Resident Consmaction Engineer, Carey T. Lewis, of Manchester, Iowa, telephone number 1-319-927-2397, will advise you of the contractor's proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Very truly yours, TMS/ Thomas M. Storey, P.E. District Staff Engineer cc: Mary A. Davis, City Clerk Richard E. Kautz, P.E., DiStrict Engineer, Iowa DOT, Cedar Rapids, IA 52406-3 Art Gourley, P.E., District Staff Engineer, Iowa DOT, Dyersville, IA 52040 Carey T~ Lewis, P.E., Resident Construction Engineer, Iowa DOT, Manchester, IA 1015 CedarCross Road Dubuque, lA 52003 800-303-0752 Fax:319-583-0850 December 13, 2000 PEOPLES NATURAL GAS ENEITGY3)I~IE D~ear Mayor and Council Members: As part of our effort to keep you informed regarding issues that affect the energy service we deliver in your community, I am writing to provide you with information about the current high natural gas prices. The prices which Peoples Natural Gas paid for its wholesale gas supplies last month were double what they were at the same time last year, and projections indicate that they will probably remain high this winter. Our company does not benefit from the higher prices as we pass the wholesale cost of gas through to customers without a markup. Like you, we are concerned about these high gas phces in the wholesale markets, and are working to secure gas supplies at the best possible price. You can be assured that we will provide our residential customers reliable gas supplies under all foreseeable winter weather conditions. We are taking steps to keep customers informed about prices and to help them prepare for potentially higher winter bills. UtiliCorp has pledged $140,000 to match contributions to low- income energy assistance and support employee volunteer weatherization projects across our system. We ars also proposing regulatory and legislative actions to assist consumers. Enclosed is information to assist you in responding to inquiries that you may receive from citizens in your community. If you'd like additional brochures for other city officials, or have questions about natural gas prices or any other aspect of our operations, please call me anytime, at 319-589-0468 or your local Peoples' customer service director/supervisor listed below. We are dedicated to delivering the best energy service and appreciate the opportunity to serve your community. Sincerely, Marvin Oppedal Director, Community Relations CC: Bonnie Gilbert, Decorah, IA Ken Hansen, Dubuque, IA Bob Ralph, Newton, IA Bill Hanson, Webster City, IA 319-382-0953 ext. 13 319-589-0467 641-792-4473 515-832-1975 Vi 'onbnqnEl A Division of Uti/iOorp United The~ ~istorical Division of the Department of CulCural Affairs STATE HISTORICAL SOCIETY OF IOWA Where past meets fz~ture December '13, 2000 American Gothic House Eldon RE: Blood Run NHL Larchwood Centennial Building Iowa City Matthew Edel Blacksmith Shop Haverl~ii Abbie Gardner Cabin Arnolds Park · ~owa Historical Building Des Moines Montauk Governor's Home Union Sunday School Clermont Museum Clermont · Plttm Grove Governor's Home Iowa City Toolesboro Indian Mounds Toolesboro Western Historic Trails Center Council Blttffs The Hono~ble Terry Duggan Mayor 50Wl3th Street Dubuque, IA 52001-4864 Four Mounds, Address not for publication, Dubuque Vicinity, Dubuque County Dear Mayor Duggan: We are pleased to inform you that the above named property, which is located within your community, was listed in the National Register of Historic Places effective November 17, 2000. Listing in the National Register provides the following benefits: Consideration in the planning for Federal, federally licensed, and federally assisted projects. Section 106 of the National Historic Preservation Act of 1966 requires Federal agencies allow the Advisory Council on Historic Preservation an opportunity to comment on projects affecting historic properties listed in the National Register. For further information please refer to 36 CFR 800. Eligibility for Federal tax benefits. If a property is listed in the National Register, certain Federal tax provisions may apply. The Tax Reform Act of 1986 revises the historic preservation tax incentives authorized by Congress in the Tax Reform Act of 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, the Economic Recovery Tax Act of 1981, and Tax Reform Act of 1984, and as of January 1, 1987, provides for a 20 percent investment tax credit with a full adjustment to basis for rehabilitating historic commercial, industrial, and rental residential buildings. The former 15 percent and 20 percent investment Tax Credits (ITCs) for rehabilitations of older commercial buildings are combined into a single 10 percent ITC for commercial or industrial buildings built before 1936. The Tax Treatment Extension Act of 1980 provides Federal tax deductions for charitable contributions for conservation purposes of partial interests in historically important land areas or structures. For further information please refer to 36 CFR 67 and Treasury Regulation Sections 1,48-12 (ITCs) and 1.170A- 14 (charitable contributions). IOWA HISTORICAL BUILDING 600 East Locust · Des Moines, Iowa 50319~)290 Phone: (515) 281 6412 · Fax: (515) 2424498 or (515) 2820502 www. state.ia.us/government/dca The Honorable Terry Duggan Mayor December 13, 2000 Page 2 Consideration of historic values in the decision to issue a surface coal mining permit where coal is located, in accord with the Surface Mining and Control Act of 1977. For further information, please refer to 30 CFR 700 et seq, Qualification for Federal and State grants for historic preservation when funds are available. Eligibility for State Tax Credits for rehabilitation. Properties listed on the National Register, eligible for listing on the National Register or Barns constructed before 1937 are eligible to apply for a 25 percent state tax credit for rehabilitation. The cost of a 24-month qualified rehabilitation project would exceed either $25,000 or 25 percent of the fair market value for a residential property or barn less the land before rehabilitation. For commercial properties, the rehabilitation project would exceed 50 percent of the assessed value of the property less the land before rehabilitation - whichever is less. The State Historic Preservation office must approve the rehabilitation work before an amount of tax credits will be reserved for your project. There are limited credits available each year, so let us know if you want the application information. Should you have any questions about the National Register of Historic Places, or about this nomination in particular, please feel free to contact me by telephone at 515-281-4137 or by e-mail at beth.foster(~dca.state.ia.us. If you have questions regarding grants, please contact Cynthia Nieb at 515-28:~- 8754 or cynthia.nieb(~dca,state.ia.us. For questions regarding tax incentives, please contact Judy McClure at 515-281-8637 or iudv.mcclure@dca.state.ia.us. Sincerely, Elizabeth Foster, State Tax Credit Program Manager/ National Register Coordinator RESOLUTION NO. -01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Walgreens # 6154 Walgreen Co. 2260 JFK Rd. Passed, approved and adopted this '~ day of January, 2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk 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. KT Restaurants Inc. LLC Iowa Oil Co. CLASS "B" BEER PERMIT Godfather's Pizza+(Sunday Sale) CLASS "C" BEER PERMIT IOCO Speede Shoppe+(Sunday Sale) 1575JFK Rd. 3200 Central Ave Passed, approved and adopted this ~.¢~ day of January, 2001 Attest: Jeanne F. Schneider City Clerk Terrance M. Duggan Mayor 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 "B"(HOTEL/MOTEL) BEER/LIQUOR LICENSE WCB Hotels, Inc, Hoffman House/3100 Club+(Sunday/Outdoor Sale) 3100 Dodge St CLASS "C"(COMMERClAL) BEER/LIQUOR LICENSE DBQ County Historical Society The Ryan House+(Sunday Sale) Dolores Weber Ten Pin Tap+(Sunday Sale) Breezers Pub Co Breezers Pub+(Sunday Sale) 1375 Locust St 601 Rhomberg Ave 600 Central Ave Passed, approved and adopted this,t~ day of January, 2001 Terrance M. Duggan Mayor Attest: Jeanne F. Schneider City Clerk