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2001_01_15 City Council Agenda Packet
CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JANUARY 15, 2001 5:00 P.M. - DINNER (LIBRARY ROTUNDA) 5:30 P.M. - TOWN CLOCK PLAZA DESIGN AGENDA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend Sean Hirschy, Youth Minister of Word of Life Church CONSENT ITEMS (See Pages 4 - 7) 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 Applicants are invited to address the Council to express their desire to serve on the following Commission: Environmental Stewardship Advisory Commission (2 Unexpired 3 Year Terms): Applicant: Leslee Spraggins ACTION ITEMS Greater Dubuque Development Corporation Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, to give a verbal progress report. Suggested Disposition: Receive and File Airport Commission - Appointment of City Council Representative Appointment of City Council representative (currently Council Member Markham) to the Airport Commission for a term expiring January 15, 2002. Suggested Dispoel~on: Council Appointment Municipal Parking Lot #2 City Manager recommending that Municipal Parking Lot #2, located at 9~h and Bluff Streets, be changed from meters only to meters and reserved parking. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-31 establishing meters - time and fee schedule for municipal lots by adding a new Paragraph 6 establishing the meter time and fee schedule for Municipal Lot #2 Suggested Disposition: Receive and File; Motion B; Motion A Alta Vista Street - Traffic Control City Manager recommending that Alta Vista Street be designated as a through street and that stop signs be placed at all the side street intersections along Alta Vista Street. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding Alta Vista Street to Subsection (b) of Section 32-213 thereof providing for the designation of through streets Suggested Disposition: Receive and File; Motion B; Motion A DAIDC Spec Building City Manager recommending approval of an ordinance that allows the speculative industrial building, which was built by the Dubuque Area Industrial Development Corporation (DAIDC) and is located in the Dubuque Industrial Center West, to be exempt from property tax. ORDINANCE Amending Chapter 15, Community Development of the City of Dubuque Code of Ordinances by adopting a new Article 6, allowing an exemption from property taxation for speculative shell buildings constructed by community development organizations Suggested Disposition: Receive and File; Motion B; Motion A 2 Permit Moratorium for Off-Premise Signs City Manager recommending the establishment of a ninety (90) day moratorium on the issuance of permits for off-premise signs. ORDINANCE Amending Chapter ;3 (Advertising) of the City of Dubuque Code of Ordinances by adding a new Section 3-43(f), to establish a ninety (90) day moratorium on the issuance of permits for off-premise signs Suggested Disposition: Receive and File; Motion B; Motion A Platinum Hospitality Group City Manager recommending an amendment to the Development Agreement and Lease with Platinum Holdings, LLC; an amendment to the Facilities Management Agreement with Platinum Hospitality Group; and approval of a Parking Use Agreement with Platinum Holdings, LLC. Suggested Disposition: Receive and File; Approve Fiscal Year 2002 Budget Transmittal City Manager submitting the Fiscal Year 2002 Budget. Suggested Disposition: Receive and File COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Five Flags Theater Renovation City Manager submitting documents initiating the Five Flags Theater Renovation Project and setting a public hearing for February 19, 2001. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $518,000 RESOLUTION Fixing date of hearing on plans and specs for February 19, 2001 RESOLUTION Ordering bids and directing Clerk to advertise Suggested Disposi~on: Receive and File; Adopt Resolutions; Public Hearing 2/19/01 3 CONSENT ITEMS Minutes Submitted Cable Community Teleprogramming Commission of 1 2/5; City Council Proceedings of 1/2; Historic PreServation Commission of 12/21; Library Board of 11/2; Park and Recreation Commission of 12/12; Zoning Board of Adjustment of 12/21 Proof of publication for Council Proceedings of 12/18; Lists of Claims and Summary of Revenues for Month Ending November 30, 2000 Printed Council Proceedings for the Month of November, 2000 Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits David and Monica Ackley in undetermined amount for vehicle damage; Vicki Bechen in estimated amount of $2,654.14 for property damage; Don Ernzen in estimated amount of $17.99 for property damage; Rhonda Gotto in estimated amount of $164 for vehicle damage; Ronnie Hess in estimated amount of $2,600 for vehicle damage; Kelly LeFevour in undetermined amount for vehicle damage; Shot Tower Inn in estimated amount of $1,200 for loss of business; John Vollenweider in estimated amount of $1,145.29 for vehicle damage; Walser Movers, Inc., in estimated amount of $36,322 for public improvements provided at the Fifth Street Parking Ramp Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: CDI Excavating Incorporated for property damage; Dubuque Rescue Mission for property damage; Ellen's Floral Gallery for loss of business; Matthew D. Germain for vehicle damage; Qwest for property damage; Silver Dollar Cantina for loss of business; and Ellen Zelinskas for vehicle damage. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending settlement of the vehicle damage claim of Edward M. Kruse in the amount of $153.17 for vehicle damage; and Gary and Susan Reiter in the amount of $160.70 for vehicle damage and that the Finance Director be directed to issue payment. Suggested Disposition: Receive and File; Finance Director to Issue Checks 4 Sm Citizen Communication Communication from Tara Winger. Suggested Disposition: Receive and File Fischer Cold Storage Demolition Permit City Manager recommending approval of a demolition permit for the Fischer Cold Storage Building, located within the ice Harbor Permit Moratorium District. Suggested Disposition: Receive and File; Approve Section 8 Program Housing Vouchers City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development for forty Section 8 Program Housing Vouchers. RESOLUTION Authorizing the Mayor to execute an application to participate in the Section 8 Housing Voucher Program Suggested Disposition: Receive and File; Adopt Resolution Sunnyslope Estates - Phase 4 - Accepting Public Improvements City Manager recommending acceptance of the public improvements as completed by the developer, Moore Development, Ltd., in Sunnyslope Estates - Phase 4. RESOLUTION Accepting improvements in Sunnyslope Estates - Phase 4 Suggested Disposition: Receive and File; Adopt Resolution Historic Resource Development Program Grant Application City Manager recommending approval of the submission of an application for Historic Resource Development Program funding to conduct an architectural/ historic survey. RESOLUTION Approving the submission of an application for Historic Resource Development Program funding to conduct an architectural/historic survey Suggested Disposition: Receive and File; Adopt Resolution 5 10. 11. Southwest Arterial Environmental Assessment City Manager recommending approval of an amendment to an agreement with IDOT regarding the Southwest Arterial Environmental Assessment. RESOLUTION Approving First Amendment to an agreement between the City of Dubuque, Iowa, and the Iowa Department of Transportation for joint and cooperative action to study the Southwest Arterial around the City of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution Dubuque County Historical Society - Environmental Review City Manager recommending publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Dubuque County Historical Society's handicap ramp. RESOLUTION Authorizing publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Dubuque County Historical Society's handicap ramp. Suggested Disposition: Receive and File; Adopt Resolution Iowa Inn - Environmental Review City Manager recommending publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation Project. RESOLUTION publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation Project. Suggested Disposition: Receive and File; Adopt Resolution Fiscal Year 2000 Comprehensive Annual Financial Report City Manager submitting the Fiscal Year 2000 Comprehensive Annual Financial Report and Audit Reports. Suggested Disposition: Receive and File 6 12. Local Housing Assistance Program Grant Communication from the Iowa Department of Economic Development advising that the City has been awarded a $100,000 LHAP Grant. Suggested Disposition: Receive and File 13. National Association of Telecommunications Officers and Advisors City Manager recommending that the City contribute $1,000 to the National Association of Telecommunications Officers and Advisors to support submittal of reply comments to the FCC. Suggested Disposition: Receive and File; Approve Support 14. Community Development Advisory Commission Acting Community and Economic Development Director Pam Myhre advising of vacancies on the Community Development Advisory Commission. Suggested Disposition: Receive and File 14. Business License Refund A & B Tap requesting a refund of their Cigarette License in the amount of t~50.O0. Suggested Disposition: Receive and File; Approve 15. Business Ucenses RESOLUTION Granting issuance of a Class C Beer Permit to Iowa Potato & Produce House, Liquor Depot of Dubuque, and Hy-Vee #2 RESOLUTION Granting issuance of a Class C Beer/Liquor License to Dubuque Mining Co., The Lounge, and A & B Tavern; and a Class B Wine Permit to Dubuque Religious Center, Hy-Vee #2, and Liquor Depot of Dubuque Suggested Disposition: Adopt Resolutions PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. Jeanne F. Schneider 1:00 p.m. January 11, 2001 7 CITY OF DUBUQUE, IOWA MEMORANDUM January 12, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Town Clock Plaza Worksession Enclosed are the materials from the public input sessions related to the furore of Town Clock Plaza. The worksession on this matter will be held Monday, January 15th at 5:30 p.m., with dinner served at 5:00 p.m. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director OZ~O1F4¥ 91N~? !O CIBAIBO CITY OF DUBUQUE, IOWA TO: FROM: SUBJECT: MEMORANDUM January 12, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~,~ ~ ~. Main Street, 5th to 9th Street BACKGROUND At the City Council meeting of May 15, 2000, the City Council directed City staff to develop conceptual designs on the redevelopment of the Town Clock Plaza with Main Street being extended from 5th to 9th Streets. These designs would then be compared with the conceptual designs developed earlier for redevelopment of the Plaza as a pedestrian mall. DISCUSSION In order to gain as much community input as possible as the Council deliberates on the future plans of the Town Clock Plaza, the following meetings were held by City staff and the Durrant Group. Targeted Group Property Owners General Public Downtown Workers Date January 9, 2001 January 9, 2001 January 10, 2001 Time 10AM - 11 AM 5:30 PM - 6:30 PM 12 PM - 1 PM In addition to the meetings, a survey was mailed to approximately 2,000 persons working in the Town Clock Plaza whose building fronted Main Street, to solicit their written comments, since they are the primary users of the mall area. The return rate on the questionnaire was extremely high, at 32%. Dubuque Main Street, Ltd. and the Durrant Group developed the questionnaire along with City staff. A copy of the questionnaire is attached. Enclosed are the tabulated responses to the questions asked on the questionnaire form. The rankings are from "1" (Not Important) to "4" (Very Important). The questionnaire was deliberately tailored toward soliciting comments only on extension of Main Street through the mall, from 5th to 9th Streets since that is the focus of this study. Nonetheless there were comments regarding the closed mall alternative, and "do nothing" alternatives. Even though these comments are not germane to the current issue (since we already have conceptual drawings on a pedestrian-oriented Plaza), these comments are also included in the attached summaries. Four letters, as well as statements from the DubuqueFest Committee, were also received which are included in this communication. Lastly, there is an attached summary of each of the verbal comments received at the public meetings that were held in January 9 and January 10, 2001. These comments are paraphrased from the notes taken by the consulting firm and City staff during these meetings. ACTION TO BE TAKEN At this time, the consulting firm and City staff is soliciting any comments on preferences or specific improvements, which the Council may deem necessary as a component of a successful redevelopment of the mall. Following this meeting, Durrant would begin to incorporate the public comments and the City Council's directives and will prepare two or three design alternatives. Additional public meetings and City Council sessions will be held as the design process continues. Once these conceptual street option plans are completed, the City Council would then make a determination of which design option (or neither) should go forward toward final design and construction. MAK/vjd Attachs. City of Dubuque TOWN CLOCK PLAZA AREA EMPLOYEE INTEREST SURVE~ JANUARY 2001 The City Council is considering making improvements to Town Clock Plaza and opening Main Street to vehicular traffic. Assuming Main Street would be open to traffic through Town Clock Plaza, please rate your interest level in reference to the following Activities, Amenities, and Street Characteristics by circling the number corresponding to the level of importance to you: 1. Activities available in the Town Clock Plaza Area: a. Eating b. Walking c. Smoking d. Socializing e. Festivals f. Studying g. Shopping h. Coffee Breaks i. Other Not Important Very. Important 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 2. Amenities available in the Town Clock Plaza area: a. Tables b. Benches/Seating c. Shade Areas d. Smoking Areas e. Lighting f. Town Clock in Current Location g. Street Trees h. Multi-use Area for Group Activities i. Bike Racks j. Planters/Shrubs k. Waste Receptacles 1. Ash Receptacles Public Art n. Renovated/Restored Storefronts o. Easy Access to Both Sides of Street p. Transit Stop q. Food Vendors r. Restrooms s. Drinking Fountains t. Telephones u. Newspapers v. Information Board (Kiosk) w. Vending Machines x. Other Not Important Very Important 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 '4 1 2 3 4 (over) Street Characteristics if Main Street were Opened to traffic: a. One-way traffic b. Two-way traffic c. No parking d. Parking on one side e. Parking on two sides f. Long term parking (over 20 min.) g. Short term parking (less than 20 min.) h. Drop-off/Pick-up zones only i. Pedestrian-focused improvements j. Vehicular-focused improvements Not Important Very Important 1 2 3 4 1 2 3 4 I 2 3 4 I 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Additional comments: You are invited to personally return this survey at a design Open House concerning the Town Clock Plaza Area to be held at N1CC's Plaza Campus, January 10, 2001, from 12:00 pm to 1:00 pm. If you are unable to attend, please return this survey to Dan LoBianco, Executive Director of Dubuque Main Street, Ltd., in one of the following ways: By personally returning or mailing it to: Or by fax: (319) 588-0645 Daniel L. LoBianco Dubuque Main Street, Ltd. 909 Main Street, Fischer Building, Suite 22LL Dubuque, IA 52001 If you would prefer to submit this survey electronically, please e-mail Dan at dbqmainst(~mwci.net. If you have any questions concerning this survey, please contact Tim Moerman, Assistant City Manager, 589-4110. DUBUQUE ~ Main Street Verbatim Responses to TCP Employee Survey Please note: These responses were copied "as is" without editing by Dubuque Main Street staff. We made no attempt to correct spelling, etc. RESPONSES THAT SEEM TO HAVE MATERIAL RELEVANT TO ACTIVITIES, AMENITIES AND CHARACTERISTICS RELEVANT TO AN OPEN STREET THROUGH THE PLAZA · Try to lure more food vendors/restaurants to the area. If you allow long term parking, people will park there at 7 am & leave at 5 pm. Not a good idea. The only way Main street will thrive is to cater to the many people employed downtown, including reasonably priced food, a drag or dollar store & specialty shops. I believe we can build an attractive downtown Main Street area where everybody wins, By having wide enough sidewalks we can accomodate walkers and those who wish to sit outside. Also room for vendors. Open up Main Street with a Flexi-street option--it can be closed off for festivals and parades, but open most of the time. Focus on needs of those working in Town Clock as well as customers and businesses. Need more food and beverage. Hartigs is sorely missed. Opening up Main may entice more of the above businesses to position themselves downtown. · Please put no parking signs at drop off areas on 8th St. Keep construction limited - it is inconvenient for people who park in ramps that are half finished for an extended period of time. As an employee who does do lunch occasionally and who enjoys the festivals on the Plaza, I do believe pedestrian-friendly improvements are in order. However, after several conversations with my fellow plaza employees over the past several days, one phrase keeps coming to mind in regard to most of their views: "self-centered." "We" are not out there very often. If it will help the overall business community and downtown in general, it is time to open it up. When or if you do open it, please provide for some parking contingency and some nice off-street lunch/meeting space. I'm hoping some restaurants, drug store, and/or convenience store will come and prosper in the new space, so we have some options. I know 1 will feel mom comfortable with access in the evenings when no one (currently) is down here. Don't forget adequate lighting. I like what is on 8th Street, but that might be overkill. It is almost too bright, but better that than the dim plaza we have now. As a 50 yr. old DBQ msideut who currently owns a business & works in downtown DBQ, I strongly oppose opening Main St. to vehicular traffic. If it's done, it should be minimal. DB Q is now white collar downtown. It will never be a retail center. Make the downtown comfortable for a) 99% of the people who currently work here; and b) for the businesses likely to be attracted to downtown in the future. Fargo, ND has successfully fostered retail stores (small, specialty shops) and eateries along one of the old main retaiI streets. They allow limited traffic with vehicle blocks (planters, etc.) and Iim/ted parking. I think the street is Broadway (parallels Main St.) some blocks away. 909 Main Street Suite 22LL, Fischer Building Dubuque, Iowa 52001 319-588-4400 Fax 319-588-0654 e-mail: dbqmainst@mwci.net I once was a proponent for keeping the plaza concept. I have done a complete 180 degrees change of heart. We must open the plaza to revitalize the retail sector!!! Especially with riverfront improvements; encouraging restaurants, shops to locate on Main St. is vital to making Dubuque an appealing destination. The aesthetics of the plaza have slid considerably over the last 10 years - it is no longer attractive and is only functional a few months out of the year. Let's tear it out and do something like the Cedar Falls Parkade - functional yet attractive. No meters! Otherwise the mai1, etc. will keep "killing" the downtown. Need to attract more shops. I think that many of the employees that work in the downtown area would enjoy an improved downtown-that included things that they would use such as places to eat, read & socialize. I think that the plaza could be a very nice place for both employees of the downtown and families of Dubuque ff some work was put into it. Thanks! Dear Sir, It is my humble opinion that the problem with business in the downtown area will not be solved by opening the plaza to vehicular traffic. One major problem will still exist - a tremendous absence of free parking. I would like to see the immediate area surrounding the Town Clock preserved. This area could stay closed to traffic and could house tables, benches, food vendors and still be available for outdoor festivals such as All That Jazz. Thanks for the opportunity to input. Keep up the good work! Would like to see posted bus schedules for all to see. The street should be opened to give the area a chance to survive. The main attraction are the festivals in the spring and summer. These can continue and simply block off the street for them. An aesthetically pleasing design with trees and plantings is important. Why not refurbish empty storefronts so vendors can use them during festivals/activities (e.g. roll up doors) instead of being on the plaza. Opening 8th St. was a mistake! Opening up the plaza will not bring business back downtown, there isn't sufficient FREE parking, as there is on the west side, so I go there. I avoid shopping where I have to pay a meter. I can go to Walmart, Kmart, the Mai1, etc. and park for free & have more stores to go to. Town Clock Plaza is only a small part of "Downtown Dubuque." We need a vision for "downtown" that focuses on people activities such as: post office, art museum, court house, DLEC, working (office workers) hungry people, thirsty people. Also please consider pedestrian traffic and safety in any decision. Dear Dan: You are too young to recall the "glory days" of Main St., but certainly, of course your Dad would. He'd tell you of the wonderful parades and the many smalI businesses that lined both sides of the street creating a citizens' environment for shopping, meeting, casual conversation, dining, medical and legal services etc. However, times change - due to many factors, not the least of which can be laid at the feet of our previous city fathers and, of course the changes in marketing and the increase of vehicle traffic. So, I am NOT naive enough to believe we can nostagically recapture the ambience of "yesteryear," nor should we attempt to achieve such a goal. However, I DO believe though that we can energize the economic, entertaining, service-type businesses in the area besides increasing the use of the many "lofts" for residential purposes along Main St. - 1F the plans are carefully thought out. FIRST: The area MUST be attractive to ALL folks, both citizens of the tri-States and visitors from afar. The "attractions" include: ease of accessibility, some shopping facilities, service facilities, public johns carefully designed and maintained, dining, entertainment (at least ONE movie house), legal and some medical service accessibility (nearby). SECOND: Traffic flow design must forestall "jams," and ease of parking, with generous treatment in the enforcement of parking violations for visitors. Some parking facilities could be put LrN-DEROROUND to maximize the real estate available. Granted, this is initially very expensive, but "one of these generations" have got to "bite the bullet" by exercising such a vision a/s/o/p instead of passing the buck and the costs on to the NEXT generation. - - In Salzburg, Austria they have bluffs like we have in Dub. They utilize them to put in multi-decked parking (and shopping) facilities equipped with exhaust fans et al. We could do the same. Mine the limestone or quarry it from the hills without damaging esthetics of tree cloaked hills and no longer would have to depend upon multi-storied structures that create "eyesores" and obstruct views of the river from several buildings already in place. Union Park in San Francisco excavated that park down three levels for a parking bunker and replaced the park atop the facility at near gTound level. We could do the same with our downtown park, equipped w/tunnel to post office and to Dubuque Bldg. etc. THIRD: Provide "incentives" for the Julien Inn owners to re-hab the hotel in a more modem genre' and add their own multi-decked parking ramp at the rear of the hotel ( City Center. Folks would have a look at the Mississippi by ramping up a drive for a block or two inside the flood wall on the east end of the parking lot and continuing north into what is now the Fischer property. F1FTH: Along with the development of a two way Main (once again), an intensive campaign to sell the city's NEW LOOK should be planned in conjunction with the city officials and the Chamber of Commerce. Utilizing cyber space, radio, TV (occasionally) promotional tapes sent to industries, travel agencies, and anyone wishing to "buy one" out of curiosity about our fair city. Planning should begin NOW to coincide with the opening of the new River Museum facility to capture as much of the satellite publicity emanating from THAT event as possible. Dan, Dubuque has SO MUCH potential, so we should NOT fumble the ball when so much is beginning to happen to the ole~ town!! You and yours may NEVER get another opportunity like the present situation in your lifetime. GO FOR IT! I think the city needs to focus on the parking situation for downtown employees. Metered parking needs to be looked at. A person can't always get out of work at the exact time before your meter expires. The meter people are not very understanding. With no available spots in the ramp, it would be nice to pay a monthly fee for meters like downtown residents do. No one seems to want to work on this problem. Parking is more important to me than fixing up the plaza. Having a place to eat lunch in the summer/spring/fall is VERY important. Being able to go outside and take a break. Having the festivals with food vendors occasionally is very nice also. Need better & more parking for employees & people who want to downtown. I drive up to Madison Wis. sometimes and I visit State St. it's full of neat little shops. 1 like to see the downtown area to reflect State St. of Madison where people can spend the day shopping in an outdoor mall. Like in the old days when JC Penneys was here. · Please make certain that if street is opened (which NICC is opposed to) that it becomes slow speed quiet zone. We put large $$'s into buying, building & renovating as a learning center. The opening of Main Street destroys our quieter, less destructive environment. My opinion is you can have both vehicular & pedestrian traffic for limited speeds, parking and street vendors. (30 min. parking on 1 side of street) only with tables & benches on other side. You could also have all 3 on other side by creating parking "pockets". (Diagram was enclosed with alternating planters, benches, tables, and parking between 'bump outs') Festivals should be moved to the river basin or elsewhere with adequate space for spectators, vendors and free parking. The plaza area has deteriorated quickly due to festivals, vendor traffic and littering. (Diagram was a rough pen drawing similar to Cedar Falls Main St.) · Having a place to eat lunch in the summer/spring is VERY important. Being able to go outside and take a break. Having the festivals with food occasionally is very n/ce also · Light up the Town Clock! I'm not convinced opening Main Street will benefit downtown businesses, but I feel that it's going to happen sooner or later. When it does, I hope a large focus will be given to pedestrian and socialization needs - such as trees/planters, easy crossing from one side to the other, tables/benches, drinking fountains is a great idea(!), and that the area continues to be used/available for the festivals. · There needs to be more areas to sit for lunch in the warm months and we need another drug/convenience store. If it is going to be open, it should be a two way street to remain consistent with the rest of main street. If it is truly meant to benefit businesses, the parking should be longer than 20 minutes. I wish there was someplace to shop for general necessity items now that Hartig Drug is closed. · Would prefer no bus traffic, no smoking amenities. I work downtown at 799 Main and would like Man Street to remain a Plaza. The Main Street area is now an office district not a retail area. I would however like a bus scheduled so I could arrive at work by 7:00 am or 8:00 am and leave for home @4:30 pm or 5:30 pm. · Please stop wasting money on studies. Opening Main Street will not bring more people downtown to shop. If it is opened parking is a must, these drop off zones are a waste. The street should be very pedestrian friendly. Features such as narrow lanes and bump outs would help this. There has to be parking. Parking can be on both sides of the street where space is available and if it is needed. Parking time should be limited to 1 hour max during 9:00-5:00. 20 minute parking is best at high traffic areas to keep turnover up and abuse of the stalls by employees down. If there is a real interest in helping downtown circulation, 2 way traffic is necessary. Since the town clock is mostly office workers - ten hour meters are most important - with drop off meters coming in second - actually - town clock works should be exempt from meters or be able to get a reduced rate since we feed these meters daily. · The street should be two way traffic, but very pedestrian friendly. Limited short term parking 20 minutes. Main Street should have ability to close to traffic for festivals, etc If the plaza is opened to traffic I believe it should be opened as a regular street with parking on both sides. I do not like what was done with 8th Street at ail. It is an ugly street. The planters do not match anything and look like they were just stuck someplace. The street has been a mess with the snow. I think if we want a street then it should be a street. If we want to have festivals and a green area then let's make it a nice one. Trying to do both in the width of the sheet will not work If opened then I feel the buses should mn down Main to 2"a and around. Can you guarantee commercial retail business will increase? If not, who would come downtown? 8t~ St. was a total waste of our money; this would be worse! · 8t~ St. as reopened is of no use for pedestrians or cars. You can walk on the sidewalk but you'd better be careful crossing the street! · I definitely feel that if Main Street were to be opened to traffic, you need to allow short-term parking versus drop-off zones. · Keep the price of the meter for park low. Ia. City's Pedestrian Mall area works very well - this would be a good model for our improvement. It would keep a small area closed while opening up other streets and giving easy access and plenty of parking. I am strongly opposed to the opening of Main Street to traffic. There is a very large number of individuals that work in the downtown area. It is nice to have the plaza area as a place to eat lunch during the warm weather months. If the street is opened it will deter people from going outside for lunch. This will reduce the number people who buy lunch from the downtown restuarants and also shop at the stores during lunch hour. Opening the street to traffic will not increase the number of people who come to downtown to eat or shop. Why would anyone drive to a downtown restaurant or store when there is no place to park? Look at the recently opened 6th street as an example. The only parking allowed is drop off only (which, by the way, is not clearly marked anywhere near the parking spots). If someone does come to downtown to shop at a store or eat at a restaurant, they would still need to park in the same place they would have parked if the street was not open. If they do park in the drop off parking spots to mn in a store to pick something up, they will get a parking violation ticket ! ! How is this a good thing for the community? · MOVE THE TOWN CLOCK. More off street parking on rental basis. The downtown area is basically a professional business area with no service to the people that work in this area! Parking is very costly for those people that work in this area and other area's that has no cost attached when there location is other than downtown areas. · If Main St. is to be modeled after 8~ St. forget it. 8t~ St. was a waste of money and accomplished very little. · Move "Town Clock" above Hartig building. Rename what is remaining of Plaza to: Hartig Town Clock Plaza. P.S. sell a few gallons of paint to KFXB Television Station to paint their store front. · If the city is planning to spoil the downtown area the least they could do is put in something useful, a parking ramp in place of Washington Park! · Please open plaza area to car traffic. Downtown is not thriving. Enough is enough. Let's try opening it up while achieving balance with areas for congestion. · Tmlley cars - make it a destination. RESPONSES THAT DO NOT SEEM TO HAVE MATERIAL RELEVANT TO ACTIVITIES, AMENITIES AND CHARACTERISTICS RELEVANT TO AN OPEN STREET THROUGH THE PLAZA. · The presence of a street may make the difference as to whether or not the retail we have now stays downtown. There is no real reason to open Main Street. There is no empirical basis for concluding that reopening Main Street wilI attract retail businesses or draw retail customers back downtown. The Plaza should be renovated without reopening Main Street, and this issue should be closed forever. As a person who works in the plaza and looks at it out my window everyday, t am opposed to opening the plaza. However, should it be opened, there must be some parking but not to the point of congestion. The drop off zones on 8t~ St. are inconvenient. The plaza is a pleasant area for those who work here, filling the area with traffic and parked cars will rain the atmosphere. Our office will probably relocate if the plaza is opened. · I support leaving the plaza closed if it is preserved for lunch breaks with tables, trees, etc. But if the plaza is altered than a street makes logistical sense. Plaza is a business area now, not a store front operation for retail stores. We who work downtown enjoy sitting in the plaza during lunch and breaks, Do not open to vehicles-put the $ toward other improvements. Opening area was mistake. The closed streets were what made downtown unique-the open street is a pain and a tremendous waste of money. · Do not desire to have the Plaza opened to traffic. Open Main Street so we can get rid of that crappy, worthless plaza. Don't be afraid to spend some money on our unique downtown area here in Dubuque. Downtown Dubuque is the future and not the west end. Liven it up, encourage visitors, advertise the restaurants, renovate some lofts because its vitally important to encourage people to live downtown. To get people downtown it helps to have people downtown. I don't think you should open the Town Clock Plaza! I think businesses should stay and add more business shops ! If you close the plaza-where is the heart of Dubuque going to be?? Also, for those of us who work downtown - it's nice to go outside for break. Many wish that the plaza would not have been reopened, but the wishes of the few were apparently more important. Opening to traffic detracts from the overaI1 look of the plaza. It had formerly made the downtown unique before the changes. PLEASE DO NOT OPEN THE PLAZA UP! I have worked downtown for 11 years. I enjoy being able to go out in the Plaza to sit and eat lunch and just enjoy the weather! In the summer there are so many people out in the plaza from ali the businesses downtown that you can see and mingle with. Not too many people in Dubuque have that luxury! There is no place Iike the Town Clock Plaza in Dubuque As someone who works in the downtown area, I DO NOT want the plaza opened to traffic. When Main Street was originally closed off, it was because the city hoped to attract more businesses to the downtown area since downtown has lost a lot of business to the West End. And this unfortunately did not work. Opening the Plaza will not attract anymore business because the West End still has the majority of shopping attractions-not to mention free parking. As far as eating outside, if the The Plaza with Main Street closed has been another asset in the past and will be in the future for professional growth in downtown. Having worked in downtown for 22 years in sales/marketing, I oppose opening up Main Street. The Plaza area needs to remain closed to motor traffic. It is a pleasant area which meets the needs of people downtown, including the college. Save the money, don't destroy what is good! I am absolutely opposed to opening up the plaza. Not only is it an enjoyable area for the employees downtown to relax but the events held for the community are superb. It is also my opinion that you are asking what we think but it doesn't matter because you're going to do it anyway! You cannot capture what Dubuque once had in the downtown area. It was destroyed many years ago. Now it should be lef~ alone. The town clock area is a landmark for Dubuque. Opening the street for through traffic would not be a great advantage to the downtown area. The "uniqueness" of the Plaza would be lost. During the summer months the Plaza is a great place for festivals such as Dubuque And All That Jazz (held once per month), Jazz Fest, and many other activities that take place here. It would be a great loss to the city to open the Plaza for just another street to drive on in Dubuque. Whoever thinks opening up Do NOT open the plaza. The plaza (pedestrian only) is a very important focal point of the community. I really love and appreciate the plaza the way it is now and do not feel it would be beneficial to open a street. As an employee of CIGNA we thoroughly enjoy using the plaza in it's current state and feel it would be a mistake to open it to traffic, as there would not be an obvious benefit in my eyes. Thank you ! Do NOT open the plaza to vehicular traffic. This is a business area, not a retail area. Leave the plaza closed to employees have a place to sit outside and each lunch/take breaks in the summer. Also, it should remain closed so we can continue to have events such as All That Jazz, Riverfest, etc. I have very strong feelings about not opening the plaza to a street. The area is not big enough this would causes me concern for my safety. For example there are been many times when crossing the new 8m street when cars are going by fast. I have been almost hit a few times. The cars are not looking for people. In addition, the downtown area is nice to walk through. We would lose this if a street was added. Lastly, the money to build a street should be used for other things in the community. You might as well open as the issue will never go away. It's not working now so we are not out by trying something different now as opposed to 10 years from now when cost is much higher. I don't think the Plaza should be opened to traffic. There is not enough room to accommodate ali of the dowtown workers utilizing the plaza area and for vehicular traffic. Most stores go to are on the west end where you don't have to pay for parking. I don't feel that opening the plaza will have such a huge effect on our economy that it justifies spending over 3 million of my tax dollars to renovate it. With the new Chamber of Connnerce building on 3rd & Main and new parking ramp, Main St. should be opened to vehicular traffic so it can be part of the river front projects and development. I am opposed to opening the plaza to cars. As a downtown employee, I enjoy being outside at lunch and breathing flesh air vs. car and bus fumes. This is a business area and not a retail area, opening downtown will not bring people down here to shop. The shops that are down here cater to the downtown employees and we are the ones that support them. I would be more likely not to shop downtown if I have to dodge cars and cross streets. I think it would be better for the businesses on Main Street to open it up. I already miss Harfig's and do not want to see others follow by moving out. The Plaza is fine the way it is! IT isn't a shopping area anymore. During the summer there are hundreds of people using the Plaza daily just the way it is. If you open the Plaza, people still will have to park on somewhere else because Main Street isn't wide enough to park on anyway. I think we could spent the money on better things than the Plaza. We should not open the plaza. It would be too expensive. Do not open the plaza to auto traffic! If we open Main St. (spend a million of tax $ to do) will there really be offset Bush revenue generated to cover the expense of opening the street? { If Dubuque renovates (builds) it will they (people) come (downtown)? } I believe the council has already a pretty good idea as to what they are going to do. Sometimes it doesn't matter what the public thinks anyway. This survey is senseless. They already know what they're going to do! Opening the plaza is no~t going to resurrect downtown Dubuque. This survey does not make a whole lot of sense because it is not going to save the plaza. Opening the plaza will not increase the business downtown. Save our taxpayers dollars! I don't think that the plaza should be opened because of all the people that eat or walk in the plaza. And of because of all the festivities that happen during the summer. I am opposed to the opening of the street. Already the opening of the other side street has proved to be a waste of money and a danger to the workers downtown as traffic does not look for pedestrians. We have a major lack of food preparation businesses downtown already and need to have picnic areas to sit outside and eat lunch. The downtown area should be a place we can be proud of and admire, not a hazard for those of us working downtown. I believe opening Main Street to traffic in the hopes of new business to the Town Clock area is akin to finding a dinosaur egg and holding hopes it will hatch. I feel the plaza is fine the way it is and if the city is in a hurry to spend money, it can be spent in renovations such as the brickwork currently in place at a greatly reduced cost in comparison to opening for traffic. If the city goes forward with the opening of Main Street, I envision future pedestrian fatalities. I am against opening Main Street. Keep the plaza closed, we need to keep the area as a unique place to work, enjoy our lunches, and not be worried about the traffic around us. I do not enjoy the opening of the one street already, and as there are many older residents that visit the downtown area to do their business, we need to keep this area as safe as possible for them also. The extra traffic thru this area would not make this an enjoyable area to work in. I am apposed to the opening of the Town Clock Plaza. The townclock area is a landmark for Dubuque. Opening the street for through traffic would not be a great advantage to the downtown area. The "uniqueness" of the Plaza would be lost. During the summer months the Plaza is a great place for festivities such as Dubuque and Ail that Jazz (held once per month), Jazz Fest, and many other activities that take place here. It would be a great loss to the city to open the Plaza for just another street to drive on in Dubuque. Whoever thinks opening up the plaza for traffic is a good idea, is not thinking straight! I don't think the plaza should be open. I think it if you want to spend money, you should fix up the plaza and get the fountain running again. I do not want the Town Clock Plaza area opened to traffic. Petitions have been filled out as well as opinions voiced. This issue needs to come to an end. Please listen to the people that work and use the plaza on a daily basis. WE DO NOT WANT THE PLAZA OPENED. Don't take away the beauty and uniqueness of the plaza. With the number of people working downtown steadily increasing, I am very concerned that opening the plaza will endanger human beings. I have almost been hit twice in the past 60 days on 8th street. I have only been working downtown since the middle of November. Opening Main street will invite a lot more traffic and the hazards that accompany it. However, with that said, if opening Main street will get businesses to renovate the story fronts which will beautify our downtown, then do it. Maybe opening downtown will help pull it into the 4th street shopping environment. It could provide bigger store areas not found on Bluff Street. Them are plenty of empty buildings in the area that can't keep business or are just simply empty. Why can't businesses utilize these. We have clients and employees from corporate that come to Dubuque and make comments how nice the Plaza area is and wish they had areas like this for them to socialize in, either for lunches, break or evening entertainment, t would be curious to know what businesses would come down hem if the area was open, Retail would have a hard time surviving, Your main customers would be noon time. Why not get the vacant building up the street filled before spending the money only to find out it may not be successful. The west end is the ~vowing region, let it grow that way and let downtown stay the way it is meant to be. A nice relaxing place to work and relax. I love the fact that we have the Town Clock closed to traffic and I don't see where opening the street up to traffic has helped anything. It's also not very pleasing to the eye. I would not like to see the Plaza re-opened. I feel that there are more important issue's that money and time should be spent on in the area. I find it ironic that the road conditions are what they are in the area and instead of fixing what is broke, they are trying to break what is fixed. I really like the plaza being closed to traffic. I don't think business downtown will increase if the plaza is opened. The atmosphere in the plaza is very pleasant for employees in the area. Thank you for listening to the employees, too. Please DO NOT open the plaza. It will not provide any additional business to the types of businesses that operate in the plaza. The only retail businesses currently in the plaza will not gain any more business, nor will any other retail businesses locate to the plaza with an open street. The money spent to move the Town Clock again would be a waste and it is nice to be able to walk in the plaza without having traffic buzzing by. Opening the plaza to traffic would not be a good idea for several reasons. Many people who work downtown enjoy the privilege of getting out of the building at lunch time for a relaxing lunch or to take a walk and get some fresh air, and traffic running through the plaza would be a hindrance to this. Also, destoying all of the plants and trees in the plaza would be a shame. In addition, events such as Ail That Jazz not be the same because the plaza is a perfect, central location for these events that give people alternatives to going to bars in the summer. Concerning the issue that opening the plaza to traffic would be a positive to downtown businesses, Mr. Hartig and his friends need to face the fact that in today's society, people want that one stop shopping that the stores on the west end of town now offer. Opening the plaza would not generate mom businesses or customers. They will still shop on the west end of town for convenience. I disagree with the opening of the Plaza. Because the employees of the downtown area need eating places, tables, benches, etc., I have completed the above sections to show what is most important to me as an employee of the downtown area. I feel that it would be a huge mistake to open the plaza. Please take into consideration the number of people that populate the Plaza during the day as a place to step away from work and relax. I cannot currently foresee a tremendous difference for the businesses I feel that it would be a huge mistake fo open the plaza. Please take into consideration the number of people that populate the Plaza during the day as a place to step away from work and relax. I cannot currently foresee a tremendous difference for the businesses I do not & I repeat adamently,do not want the Plaza open!!!! Renovate the site to be downtown Employee friendly-Put a Drug Store or Kwik Stop back in or move Dougherty's where Hartigs was. Since a lot of City Officials lunch there & Pat has such wonderful food but not enough room. Perhaps the City could help out in some way. I justed wanted it noted that I am not interested in seeing the plaza opened. I truely believe that opening the plaza will only decrease activity in the plaza. There is simply not enough room to allow for any type of practical parking. There is more pedestrian traffic using businesses then will ever be created by a casual drive-by. The plaza provides a ideal location for community functions, these activities bring in large #s of potential customers. It is up to the businesses to take advantage of these oppor[unities. Maybe they should focus on the free advertising opportunities instead of trying to destroy the plaza. Working in the downtown area, I do not see a great advantage to spending millions of dollars to open up the Plaza. If the goal is to increase commemiaI traffic and to compete with the west end, I view this as a losing battle. Why not invest the monies in developing the plaza as a downtown business park? I am not in favor of opening the Plaza. Let's not waste any more tax dollars by opening this up. Leave it as is. Oh, and get rid of that ugly thing in front of the new CIGNA building. I would not like to see the Plaza changed. As a CIGNA employee, it has been nice to relax in the Plaza and enjoy the pleasant scenery. I would suggest removing some of the paved walkways and adding more grass and ~'ees, a sort of "central park" in dubuque. The plaza is a great place for breaks and lunch. It also is a great place to socialize with friends who don't work at the same company. It is nice during Spring, Summer and fail to be able to go outside & relax - to enjoy the fresh air and nice weather on breaks when you're inside 8 hrs. or more per day. If the plaza were opened, where could we go that we wouldn't have to walk 5+ minutes to get there? (Parks, etc.) Put transparent roof over entire plaza. th If the town clock is opened, like 8 St., and there is no parking available. Where are the people supposed to ~k if they want to shop/visit one of the businesses located in the town clock? I feeI that opening up 8 St. was a waste of money & should have been left closed. Please keep the Town Clock Plaza closed also. Working in the town clock, it's nice to walk out into the plaza an breaks and at lunch. I also think the access is so much better also I do not want it opened up! I think it would be a waste of money to change the plaza. People who work and live downtown enjoy the plaza. Opening would no_.Lt bring more to downtown. The "Plaza" is a nice feature of Dubuque. Thank you. · I am no__!t in favor of opening Main Street up to traffic thru Town Clock Plaza. · Your questions are nearly undecipherable! Opening 8~h St. has shown no benefit of substantial nature, let's learn from that and spruce up what we have~ I do not feel the plaza should be opened-the area is no longer a shopping district and probably never will again. Main Street also dead-ends! is not a through street so I cannot see how opening it will improve traffic flow. · Keep the plaza as a plaza without through traffic. It is a wonderful place for people to gather. Public restrooms would be beneficial. The downtown plaza should be left as is - or make improvements such as bathroom facilities for the large group activities that take place there. It is a very nice gathering area for groups and relaxing area for the business people downtown. Leave the Plaza as a "Plaza." · Leave it closed. Make improvements in the enclosed area. Do not open Main Street to traffic. Even if shops were on Main Street you would still have to walk to them after parking your car. Spend the money adding facilities for current events. Restrooms where you could wash your hands would be great improvement. Using port a poties during festivals is disgusting! Try having a 3 year old use one, it's worse! · I really hope the plaza isn't opened up to traffic. It is such a nice spot now to come & relax. I don't feel that opening it up will increase the number of people who shop in the plaza. · The remodeling and opening of the plaza was a bad idea. It detracts from the quaint look that the area used to have, in addition to excessive costs footed by the taxpayer. Keep the plaza closed! I feel opening the plaza will not draw enough businesses to open downtowu and therefore will not draw enough people downtown to shop. The new businesses will not make a profit. The plaza should focus on businesses that hire a lot of employees and focus on using the plaza for their benefit and also for activities and events as they do now. Please do not open the plaza to traffic. The opening of 8th St. has not seemed to convince many people. It is very congested and dangerous at times. This was a great loss to the taxpayers as will the opening of the plaza. I work at DHS and this will not help any of my clients as it will make pedestrian traffic dangerous & I doubt it will add convenient parking. People coming to my office for meetings will still have to use a ramp or park on Locust or Iowa St. The area is great for socializing and meeting friends. · Keep the plaza the way it is with improved seating and shade areas. · I am not in favor of through traffic. I enjoy the street closed. It is nice to have a place where you can sit & relax during noon. Worked in downtown Dubuque since 1980! AGAINST OPENING MAIN STREET. I think Town Clock Plaza should be renovated with NO VEHICLE TRAFFIC. Why ruin a good thing for 3 businesses? · I do not think that the opening of Main Street is a beneficial idea. The atmosphere of the downtown area is unique, with its "old-time" feel of a pedestrian plaza. Opening Main Street to traffic will destroy this~atmosphere without adding a benefit to the businesses that occupy the downtown area. It is nice to have a place to go and enjoy you lunch and other breaks during the summer time. The opening of 8t~ St. has only served to endanger those that must walk through the downtown area, The closed street plaza effect is important for beauty's sake. A more concerted effort needs to be made to return stores to the area. 1 would hate to see the plaza changed into a traffic stop. It is fine the way it is. I think it would be a shame to ruin it with traffic. Opening up traffic would make it more unpleasant to work there. It would not help because vehicle would just drive thru & not stop to shop. More pollution of all kinds & make the downtown area less attractive. If the parking downtown would be free, the downtown area would enjoy more visitors and business. We do need more parking but not that expensive. Currently very few businesses (shopping) available. This area is important to those of us who work downtown as it provides us with a place to go other than windowless offices! I do not feel that the street should open ail the way through. It would hake away from the atmosphere that is here. This is part of history and we should preserve it. I firmly believe that the city can utilize any funds in fine tuning the River Project and leave the town clock as is. I am strongly opposed to opening the area to traffic or moving the clock. My clients rely heavily on the pedestrian area of the plaza. If this were eliminated, my clients would be affected a great deal. It's a shame that this issue exists. Are we considering removing a beautiful downtown mall area to benefit a few retail outlets who remain. On considering the needs of a larger population, the downtown area needs this mall to remain. ][ am not in favor of opening up Main St. to traffic. Please do another survey making the assumption Main St. will remain closed. These are just on the "assumption" that Main St. is opened. I don't think it should be opened. We need food vendors - office, and parking downtown. A survey of this type should not presuppose that the PlazaIMain will be open to vehicular traffic. Best solution is to leave it a pedestrian plaza. It was bad enough to lose it to 8th St. reopening. Keep plaza closed. The chance of business retail in downtown is very small. It is a professional plaza. Leave it that way! If plaza is opened we would most likely move our offices. 8th St. has created enough congestion and danger to pedestrians. Mr, Hartig cries that not having Main open caused him to close - it took him i5 yrs. to realize it, at his Main St. location. Competition from large chain stores & the drug industry were the greatest influence. Leave the plaza closed. Who is going to shop down there? What is there to shop for? Put all of the money destine of taxpayers money when so many streets are in dire need of repair. Spend the money wisely - not on political pork!!! As a worker downtown - I like & enjoy the plaza the way it is. Though 8th St, looks nice, I don't like it. No parking at all makes little sense. As a worker in the Dubuque Bldg. - quite disappointed about no exit near us for a year (& no one's fault). If Main St. is tore up I see more problems. There's not much downtown for people (except us workers) to come down here for, so why not leave it the way it is. Most importantly - I am strongly opposed to the opening of Main Street - please do not think my willingness to respond to this survey is an indication that I support the opening of Main Street. Don't want it open! Didn't see why 8t~ St. was opened. Can only go 2 blocks to Iowa. Leave Main Street closed - On 8th St. place "No Parking" signs that are visible. I like the plaza as is, and as an employee working downtown, I do not see any benefit for the opening of the plaza to traffic-just more dangerous for the pedestrians. I think you are wasting your time & our hard earned money! There are more important things to do with that money like better our schools & churches, etc...for us and our children. The children are our future!l! I am opposed to opening the plaza to cars. As a downtown employee, t enjoy being outside at lunch & breathing fresh air vs. car and bus fumes. This is a business area and not a retail area, opening downtown will not bring people down hem to shop. The shops that are here cater to the downtown employees and we are the ones that support them. I would be more likely not to shop downtown if I have to dodge cars and cross streets. The Plaza is fine the way it is! It isn't a shopping area anymore. During the summer there are hundreds of people using the Plaza daily just the way it is. If you open the Plaza, people will stilI have to park somewhere else because Main Street isn't wide enough to park on anyway. I think we could spend the money on better things than the Plaza. I don't think the Plaza should be opened to traffic. There is not enough room to accommodate all of the downtown workers utilizing the plaza area and for vehicular traffic. Most stores go to are on the west end where you don't have to pay for parking. I don't feel that opening the Plaza will have such a huge effect on our economy that it justifies spending over 3 million of my tax dollars to renovate. I strongly oppose opening the Plaza to traffic. I don't think it will bring new retail business to downtown. I don't think people will come downtown to shop where they have to feed parking meters if they can go to the mall and shop I comfort, for free. ffthe city wants to get more business downtown, I think they would be off trying to lure more financial/customer service types rather than retail. The impression I've gotten of the whole situation is that there are certain wealthy business-owners who keep pushing the City Council around until they eventually get their way. The city has spent hundreds of thousands of our tax dollars doing surveys and plans, only to re-do them again when it gets down to making a final decision. I think it's a waste of my tax dollars. It was my understanding that the decision had been made to keep the Plaza closed, so why did the Council change their minds again? Another waste of tax dollars was to open 8th St. I don't see where that had any purpose at all, especially since the Police Dept. didn't have to open their parking lot so the street could go all the way to Central. I am against the opening of the plaza. I enjoy the ability to take a walk, socialize, and relax in the Plaza. I feel by opening this up it will be destroyed and businesses downtown will suffer and pay the biggest price. I enjoy watching the changes in trees, flowers and looking at the Town Clock. With placing a street in this area, ail of this will be gone and look rather depressing. I have very strong feelings about not opening the plaza to a street. The area is not big enough, this would cause me concern for my safety. For example there have been many times when crossing the new 8t~ St. when cars are going by fast. I have been almost hit a few times. The cars are not looking for people. In addition, the downtown area is nice to walk through. We would lose this is a street was added. Lastly, the money to build a street should be used for other things in the community. I like being able to come down to the plaza for the community events held here and don't think it would be the same if traffic was there. The city should quit wasting money that only a vocal minority seem to want. The downtown area doesn't need to be a retail outlet! Very confusing question wording. I don't see any increased business activity resulting from opening 8a, St. and wouldn't expect any different results from opening Main St. The city needs to accept the downtown as a business center and a place to gather socially after work and on weekends. Why would people come to the downtown area & have to pay for parking when parking is free in other parts of the city--makes the parking rate increase self-defeating. Why do we keep debating this? This multi million dollar opening of Main St. only benefits a handful of people. This money could be spent in ways that would help a larger part of the community such as education and school renovation. * I did not know that we had this tax payer surplus money burning a hole in our pockets.* Why waste the taxpayers money on doing this? We will have nothing to gain by ail this renovation. I believe the plaza should remain closed to traffic as it is now. You shouldn't have opened 8t~ St. As a new resident to Dubuque 4 years ago, my very ffrst impression was Town Clock Plaza and what a GREAT job this small city had done in developing this great pedestrian mai1. Opening the sweet would only make those people happy who use the alleys for shortcuts to avoid the traffic lights on Locust. I don't see where opening the Plaza will bring more business, two blocks down from there between White Florist and Plaza - how many buildings are vacant and in much need for repair. If you take away the one place the workers go for breaks, there's no need for us to leave work during the day, we'll do our errands on the way home instead. I hope Main St. is not opened. I do not like having 8th St. opened. I forget about it many times & have almost been hit by cars twice. Leave it closed and determine more creative ways to attract other businesses to the location, i.e. improved & reduced cost/validated parking. I personally do not believe that opening Main Street will bring back additional business. If money is spent to re-open Main St. - and businesses do not move in - who will pay the cost of this effort? Are the business people who are pushing for this re-opening willing to accept the costs of this effort? I am against opening up Main Street to vehicular traffic. As a downtown worker, I have been almost mn into by many cars/trucks because they don't give pedestrians the right of way - even though the pedestrian has the green light & walk sign. I almost got killed a couple of times when I was crossing the street with the green light & the pedestrian walk sign lit. I also saved another person's life by calling out to them when a car was barreling through the Locust & 8m St. intersection. Dubuque-area drivers are not considerate of pedestrians & feel that there will be more injuries & deaths if this street is opened to vehicles. Ail this has happened in only 3 years that I have worked downtown. Why should the city go to the expense of opening the area to vehicular traffic. There is ample parking on the other streets and parking, ~,arages. The Plaza exemphfies the beauty of the downtown area and gives the employees and others i.e. Cigna, McKesson an area, other than the park, to break away. Have not seen excessive use of 8t~ St. since it has been opened. Dick Hartig's fight for opening Main St. seemed senseless. You can't tell me the delay of opening the plaza caused him to close his downtown business. I think a good businessman would not have based his decision on just that especially when he was opening a new facility in Galena. I believe that "all" (tax payers) who are "paying" for these "improvements" should have the right to vote on how their dollars are allocated!! I do not want to open Main St. to traffic. I can see other more important target areas for my tax dollars - children - poverty - homeless. I personally do not want the area open to traffic. I have seen no improvements or difference in flow since 8t~ St. was opened. In addition I feel we would lose a valuable location for Jazz and craft festivals as well as lunch locations during the warmer seasons. I don't assume anything - this is not the best use of the taxpayers money - I do not condone the continuation of this project. The plaza should not even be opened for traffic & this survey should have this as a first question!! Opening this street to traffic would be a total misuse of tax payer dollars. I do not want the plaza opened for traffic. I feel strongly about this. I feel that it is detrimental to workers in this plaza. I don't think it is wise to reopen the plaza to vehicular traffic. Learn fi.om your mistakes, look at 8t~ St. and the blunder that turned out to be!! It is always amazing when a few businesses overrule the general public. If they want it open, let them pay 100% of the cost and maintenance since it is for their good and not the good of the city. If you build it who will come? I do not see a question being asked as to whether I believe this project should even continue! I have not talked to one individual downtown that believes this is a proper use of taxpayer money. It is amazing how the small needs of a few business owners can superseed the will of the common citizens. The visibility, beauty, and historical value of the mall will prevail! Trust me-the city has not heard the end of this issue fi.om the people! Opening the plaza to traffic does not make sense in this community. The public gets more use and benefit of the Plaza to hold festivals and gatherings than it would having it open to traffic. This downtown area is not active after 5:00 and people do not come here to shop because there is no shopping and there is no areas to park. Learn fi.om opening the last street in the plaza by Dougherty's ....... No value is added and it's just a pedistrian nightmare! I feel very strongly feel that the Plaza should not be opened to traffic. I think property owners should realize that this will never again be a retail center, all one must do is look at the empty store fronts in the downtown area that are not located on the plaza. Even the Walsh Store that has been downtown for many years and has a flee parking lot beside the building is closing. This is a great community/business campus atmosphere and upgrading the plaza as a closed campus can only make it better. I prefer the plaza to remain the same. I am against opening the Plaza for traffic. I work at Cigna and very much enjoy walking around the plaza and eating lunch at the picnic tables. - 1 would not like Main Street to be opened. I am an employee of downtown and I am against the opening of Main Street. Look at all the Money they spent opening 8th Street and for what reason and what benefit to downtown and the Employees of downtown. The money the city would spend to open Main Street could be used towards other areas of improvement in DBQ. The Town clock Plaza has a history that I would like to see preserved. ,, I am not interested in seeing Main St. open to thru traffic. · Let the Town Clock Plaza closed to vehicle traffic. It is nice and peaceful the way it is. We need more people places and not traffic places! · I am opposed to opening up Main Street. There are only two or three stores downtown. Opening up 8t~ St. only made a pretty mess, no traffic, no cleaning of street and losing Hartigs. · I don't want the street open to traffic. · I personally think the Plaza area is a plus for tourists and for those of us who must spend part of each day downtown and I am very upset at the thought of opening the area to traffic. · I do not want the street reopened. It is a waste of money. Businesses left because everything went to the west side not because the plaza was built. Do not want Main Street open! What's the point of opening it up? Consider the amount of money wasted in opening the plaza. If you've got so much extra money - give it to the Riverfront Development or to the schools!! That would be a much more useful cause. It's too late to open the plaza! · I would like plaza to stay closed! · I do not want Main St. open to traffic. · We don't want it open. · We don't want the town clock plaza opened. Do not want Main St. opened. What a waste of taxpayers money!! It took ages to just do 8m Street - just a bunch of monkeying around. The plaza, as it is now, is a place to go and destress during the day. Time is very limited. So a quick walk outside to the picnic tables can be very important at that particular time. Going to the park would not be an option as it is too far to go on a quick break - even a 15 min. break. Sounds like decision already made. Should start listening to citizens and leave it closed. 4 million dollars could be use for other very needed improvements like streets and better maintenance of what we already have. · Not open to traffic. · Prefer the plaza remain closed. This is an office park area & we should promote activities/businesses that reflect that. Retail areas are better suited for 4th St., Riverfront & upper Central Ave. Keep Main Street closed-remove terrazzo & use concrete only-better for snow removal & long term maintenance. Lighting OK as is-increase amount of public parking ramps-encourage car pools for downtown workers-a live shuttle service from distant long term metered lots-acknowledge that downtown is business district-no longer retail with a major destination anchor-retail can survive-park & shop coupons-street open will not help retail sales-how can you buy a suit if you park in a drop off zone??? It takes time. All respects to Ben, but I've been there-Tourists won't care if street is open or not-they want to park and walk and see things. Oh-I'm glad to see that ugly covering gone from the west side of the 800 block. We were them when it was installed - UGLY! Landlords did it. Will take landlords to clean up, lessees won't do it!! Questions??call me, George Robey, 583-8150. · If using public money, then public should vote on the cost. · I believe this should be put to a vote of the taxpayers. · Most important issue is access day & night to whatever business is left open or would start up in this area. · There is no reason for the plaza to open any further. I feel enough damage has been done. Enough money has been spent and waisted. Downtown is a Monday through Friday office area now, not a shopping area. It would be terrible to open up the street. I vote no to opening the street. · Do not open plaza to traffic - leave it as it is. It is a nice area to socialize, eat lunch, etc. · Keep it the way it is! Closed to traffic. Opening the street will not bring any more "shopping" to this area. · Do not open the plaza. The only people that use it is the people who work downtown. The plaza will never be a place to shop. You've spent way too much money already, on the plaza. Spend our tax money elsewhere! · Keep the plaza closed. Downtown will never be a place for shopping. · I do not condone this project of opening Main Street to traffic. It's a waste of tax payer money. Use the money to fix other Dubuque streets. · I think this is the dumbest thing I have heard of since opening up 8t~ St. I would have thought you would have learned your lesson by now. · Let's open the street up so it costs "mom" money. Money can be used elsewhere instead of doing this. · I think if the city has that kind of tax $ to waste they need to lower taxes. I think the proposed dollars could be put to better use. · I think that opening the town clock plaza to traffic would be a huge detriment to our downtown business area. · Oppose the opening of the plaza into a street. I would think there could be a better use of that money and I don't see how it will improve shopping downtown. If anything, 1 would think it would hinder it. · I think the plaza should remain a plaza and not made into a street. · Do not open Town Clock to traffic! Improve existing area! Recruit eating places in town Clock! · Leave Main Street closed to vehicles and open to pedestrian traffic only. The cost to reopen Main St. could be better utilized elsewhere. · While I think there should be parking improvements I don't think this is the answer. I am strongly against opening the Town Clock Plaza to lxaffic. Maybe if there was vehicular traffic on Main Street some of the empty storefronts, i.e~ Hartig's, wouldn't be empty anymore and there would actually be something to do on a lunch break besides sit in the shade. Not in favor of opening up the plaza. Too much pedestrian traffic to open up plaza. Opening plaza may not make it more attractive to shopper - lack of convenient free parking. It would make it less attractive to be emphasized downtown. KEEP IT CLOSED. I think the reopening of 8t~ St. was a horrendous use of my taxpayer dollars. At 300,000 to 400,000 per block I have to think there are lots of things we could do to better utilize this money. The businesses downtown need to offer services for the business people working in this area. I personally do not believe that the plaza should be opened up. I have lived in Dubuque for 39 years. Please keep the plaza closed to traffic as is. Don't open the plaza to vehicles. Put the money into improvements. The Plaza is fine the way it is! IT isn't a shopping area anymore. During the summer, there are hundreds of people using the Plaza daily just the way it is. If you open the Plaza, people still will have to park somewhere else because Main Street isn't wide enough to park on anyway. I think we could spent the money on better things than the Plaza. Do NOT open the plaza to vehicular traffic. This is a business area, not a retail area. Leave the plaza closed to employees have a place to sit outside and each lunch/take breaks in the summer. Also, it should remain closed so we can continue to have events such as All That Jazz, Riverfest, etc. I really love and appreciate the plaza the way it is now and do not feel it would be beneficial to open a street. As an employee of CIGNA we thoroughly enjoy using the plaza in it's current state and feel it would be a mistake to open it to traffic, as them would not be an obvious benefit in my eyes. Thank you! Do NOT open the plaza. The plaza (pedeslrian only) is a very important focal point of the community. Open Main St so we can get rid of that crappy, worthless plaza. Don't be afraid to spend some money on our unique downtown area here in Dubuque. Downtown Dubuque is the future and not the west end. Liven it up, encourage visitors, advertise the restaurants, renovate some lofts because its vitally important to encourage people to live downtown. To get people downtown it helps to have people downtown. I do NOT want the Plaza opened up to street traffic. Working downtown, the Plaza is the one place that is safe to walk and has easy accessibility to the downtown restaurants. I would be very disappointed to see the town clock area be destroyed in order to provide a street. It is currently the only casual yet professional place I have found anywhere downtown. I believe it would better suit the needs of business to have more office buildings (definitely renovate these old ones) so that you can at least present this as some sort of a business area where people are comfortable walking around the area they work. Whether you enjoy working at a company or not really can depend on pay and surroundings. I feel like there are enough dumpy areas in Dubuque and it would be nice to see something more "updated". If you don*t get to that point there won't be many reasons for businesses to want to come here or stay here. At least the Town Clock Plaza reflects a starting place for the future. I am opposed to opening the plaza to cars. As a downtown employee, I enjoy being outside at lunch and breathing fresh air vs. car and bus fumes. This is a business area and not a retail area, opening downtown will not bring people down here to shop. The shops that are down here cater to the downtown employees and we are the ones that suppor[ them. I would be more likely not to shop downtown if I have to dodge cars and cross streets. I do not want the Plaza open to traffic. I think it should be left the way it is. The plaza is packed with people from surrounding businesses during the summer months and also in winter. It is a beautiful area to sit and relaxe during our lunch hours. Where else would we go, considering the downtown area is already packed with other usless buildings. To me, this is what makes the downtown area, downtown. If you want to open streets up, start looking at the other useless buildings downtown. Please do not open the plaza. It's a waste of my tax dollars. I think the plaza should be left the way it is. It is a nice place for taking breaks and eating lunch. I really do not think that opening this street will bring more people to the businesses that are located here. I don't think a bunch of businesses are going to flock down here if the street is opened either. If people want to shop, they tend to go where the stores are i.e. the mall. Stores tend to locate themselves where people go. Stores like Harfig and Hallmark only survive(d) down here because of the people who work down here, I don't know anyone in Dubuque who would drive down here to go the drugstore or to buy a ~eeting card. The specialty stores that are here like the Star Uniforms will get there business whether the street is open or not because people have to go there to get certain items. In conclusion, I think the plaza needs to stay exactly what it is, a place for people to gather and be able to enjoy a little nature and culture among the hustle-bustie of downtown. I do not see the need to spend valuable tax dollars to open up an area in the downtown plaza area. The decision was made years ago to focus retail development on the West side of Dubuque and this should continue. The Dubuque tax dollars would be more wisely spent developing downtown into a Customer Service/Financial industry hub with only those amenities necessary to support those services. Opening mainstreet to traffic would only emphasize the empty storefrouts and would look like an alley. The community is much better served by preserving this area as a meeting place for all of Dubuque and such celebrations as Ali That Jazz. Unless all parking downtown were free, I would never shop downtown, no matter what retail establishments there were. In fact, even with free parking, I would not shop downtown. I like the convenience of enclosed malls, you don't need to worry about the weather and can do all your shopping in comfort. I feel that it would be a huge mistake to open the plaza. Please take into consideration the number of people that populate the Plaza during the day as a place to step away from work and relax. I cannot currently foresee a tremendous difference for the businesses that are presently operating in the Plaza area. The way the plaza is used today is very important to the community (such as festibles and lunch hour). To open the plaza would cause this activity to decrease. The street that is open in front of the theater is not wide enough and cars park there where there should be no parking. The money that would go toward this renivation could be better used to fill the food bank and help Dubuquers pay for their heating costs. I would prefer that the Town Clock Plaza NOT be opened to traffic. With all the offices it is nice to move around the plaza without dodging automobiles. Eighth Street is a very expensive non- improvement now, we do not need more traffic in the downtown. We do need more shopping at reasonable prices. The opening of the plaza to traffic will not increase the sales; reasonable prices and good guallty will. We already have the people downtown, and they will spend those paychecks if the prices are competitive with other shopping areas. Otherwise they will go somewhere else after work to shop. Opening the plaza to traffic will NOT bring more sales, as was proven with the closing of Hartigs and the Take 5 Shop, AFTER Eighth Street was opened. Also Hartig's prices were higher than other places such as K-Mart, Target, Wal-Mart, Walgreens, etc. That's what hurt them and reined their closure, not the traffic issue. If I was not alreay working downtown, I would not drive downtown to visit a store or two just because I could park at the door. I would go where the selection was greater and the prices were right. Thank you! I am in total diagreement with the opening of the Plaza. t think a lot of people enjoy coming outside during the nice evenings to have dinner. It a nice place to take walks and talks. So my statement towards this whole opening of the plaza, I'm against it! I personally do not want the plaza opened to traffic. It is so nice during the spring/summer to go outside and eat lunch in the plaza. Just being out in the fresh air. If it was opened to traffic where would 450+ employees eat at outside?? The curb?? I don't think so. Do not open up the plaza!! I am not interested in the opening of the plaza. I feel that is is fine the way it is. I am against the opening of the Plaza to traffic. I am not in support of the plaza being reopened to traffic. May be I am too young to know when the street was opened to traffic but that does not matter as Dubuque is not the same city it was back then. At that time people came downtown to shop but that is not the case anymore. I look at downtown as being a place of professional business and not retail. Main street is not 4th street and I don't see 4th street moving to Main St with no parking. What is the point of reopeuing the street to traffic for business's that are not here. I appose the street being reopened but would not complain to some improvements. The lose of the plaza would ruin the best area for people to gather not only at lunch but for festivals and music that makes the plaza what it is today. I believe that the plaza should not be opened. If you really think about it, why would ppl come down here to shop when they have to pay for parking? What big businesses do you really think will come down here. Most of us enjoy being able to go outside and sit in a nice place to eat or take a break. Alot of ppi are on the plaza when it is nice out. The sidewalks will be congested. What about the kids that go to NICC? Where should they study? Out in traffic...I dent think so! Why dent you spend all this money on repairing roads or cleaning the roads better during the winter. What about education. Help the schools with this money. This is a HUGE waste of money! Why did you even close the plaza in the first place if you are going to spend all of this money to open it back up? I believe the plaza should stay closed! Thanks for your time. I do not wish to see Main Street to be opened through the towa clock plaza. I feel this would be a waste of tax payers money as was 8th street. Can't the city find much "better" places to spend money?!!!! I do not want the Plaza opened therefore I am not filling out this survey. I think it's a waste of money! I strongly oppose opening the Plaza to traffic. I don't think it will bring new retail business to downtown. I don't think people will come downtown to shop where they have to feed parking meters if they can go to the mall and shop in comfort, for free. If the city wants to get more business downtown, I think they would be better off trying to lure more financial/customer service types rather than retail. The impression I've gotten of the whole situation is that there are certain wealthy Recommend no change in present. I see very little benefit to anyone with the new street that was put in. I think merchants are dreaming if they think that another street opening will bring more customers downtown. This questionnaire is suspect which requires assuming that a street would be open. Why not include the question "Do you want Main Street to go through the Plaza?" I prefer that the plaza remain close, but it does need some up dating. Opening the plaza to traffic will not solve the problem or bring shopping back to the downtown area. The downtown area will remain an area for offices. An attractive plaza should entice offices. Shopping, even in large cities, is ail done at indoor malls and strip mails. I have been at many beautiful strip mails. Let's make a decision on this! This City Council did not make the original decision to close the downtown area, but has a responsibility as that Council did, to make decisions in the long-term best interest of Dubuque citizenary. It cost a lot of money to close the plaza, it destroyed downtown for retail sales and now you propose spending a lot of money to open it up. Such expensive decisions can not be made ad hoc, Where is the office or department of long range planning? Your decision will be unpopular whichever way you vote but only one decision can be the responsible one - the one that facts and figures-not opinions supports! The Clintonlan approach to governing by opinion poll is unacceptable. · What is that "BIG" white (ugly) box by the newly constructed building, Trilog. · What are we trying to achieve here? The attraction of more office space leasees, more tourists or a thriving retail area? IfI don't know what the goal is I can't answer this survey effectively. January 5, 2001 Town Clock Plaza Stakeholders: Friday atternoon at 1:00 p.n~ an impromptu meeting of plaza stakeholders was held to discuss how as stakeholders we can provide a unified fi-om to express our interest in opening Main Street from 5th to 9th Streets. One of the intents of the meeting was not to preach to the choir. We all understand the importance of this issue. In the past, however, we have appeared to some to be 20 different stakeholders with 20 separate ideas. This letter is being written to relay the ideals behind which we should all be able to rally. We felt that on Tuesday we can discuss the minor design amenities that would benefit us; however, we believe sticking to the following six points in solidarity is paramount to demonstrating our common resolve: · There must be a provision for on-street parking. (We will lose critical council support if we are not in agreement on this issue.) · Main Street from 5th to 9th must be open to two-way traffic. A major goal in opening this area is to improve traffic circulation and access. · The open street must included pedestrkan-fi-iendly design elements, i.e. traffic calmers and safety elements. · The design must provide accommodations for flexible use, i.e. parades, festivals, special lunch/public meeting space. · Deciding what to do with the Town Clock is a design issue. The best course ofaetion should be left up to engineers and architects. · An open design will st'unulate economic development and reuse of existing space (We are not talking strictly about bringing back retail to Main Street - - - This is a common misconception throughout the community.) Having an open street allows us as stakeholders, not just on the plaza, to market our buildings for the maximum amount of mixed uses. We do not believe Tuesday's meetings are appropriate venues for "out-of-the-blue" ideas. We are not saying new ideas are not useful. We are simply saying our goals for the next few months are to present a united stand for the common benefit of downtown Dubuque. We want to advance the thought there is a consensus among Old Main Street, Plaza, and Upper Main stakeholders that there will be a positive ripple effect in all directions if we eliminate this logjam, ~ Thank you, Nick Schrup, Mike Steele, Joe Graham, Mary Ernst, Tom Kann, Tim Ben Graham, John Gronen, Rich Young *Please direct any questions or comments to Ben Graham, 582-3760. Mr. Terry Duggan, Mayor City of Dulmque 13, a~Ceu~l A~ DubUqUe. LA. 5.200t, Dear Mayor~Duggan~ 2324 Maplewood Dr. Dubuque, IA 52002 January~ 10, .2001 · [oday !-.~at~: ~ tt~ meelmg of downtown employees 0!~ tho NICC campus tega~ding~ me ~ plans for Town Clock Plaza. 'rl~ .moder~t or~ sl~Wed; lis a Sk~.~o~ ~:_/;,, 2001 200 ) Cit'7 Co,mc. il I'~ Thank~ to ~ ~atb~t~ ~ afL-~ g~v~0~ and ~ ci6z~ offs., it aow atitact pecpl~ from far ~m.,l wide. We ver~ much apl~ciale yot~ considta~io~ of the above. (;RONEN ~OPERTIE$ PO Box 1 8~ Du~u©u--_ IA 5~004- ~ ~2 319 557-70 i 0 ?AX: 3 ! 9 557-3 i 59 Janum,9-tl, 200t Honorable Mayor and City Council Members Ci~ Manager civ Dubnque IA $2001 RE: Pla~a Issue Dear Honorable Mayor mud Council Members, Enclosed please find some historic photos ofdownto,~aa Main Street. These photos were spontaneously passed around at the input session held Tuesday, January 9, 2001 and the response from those present was very interesting. We felt it might be of interest to all of you to see and remember how- MaLn Street looked. With al! the ener~' and effort that the City has been putting into the Discovery Center and lower irwin Street, there is no question that alt of Main Street could thrive once again. Should you have an3- questions or require additional knformation, please don't hesitate to let me know. Thank you for your time. ( Jo m ¢;/O onen · Ehclosure Plaza to Main Street Design Considerations From the point of view of a festival organizer, an open Main Street plan needs to have: · Updated electrical service with outlets on separate breakers throughout the area, with a greater concentration of outlets available in the area around the Town Clock (if it is not moved). · An area to set up a temporary stage in front of the Town Clock (if not moved) or in another area. · Access to water spigots at various locations around the area. · Tables and seating to accommodate lunchtime public gathering that can be moved to provide more space for events. · Waste receptacles that can accommodate the refuse generated by a festival crowd and are easy to empty. · Lighting more appropriate to the historical nature of the area. (It would be nice for a concert organizer to have some control over the lighting in the area near the public space/stage. It could be lowered during performances and raised at the end as a "time to go home" signal.) In addition to the above points, the following are a few non-essential amenities that would be nice: · Public toilets. (While it would not be practical to have enough public restroom space to accommodate a large festival crowd, a few would be nice.) · Green-space and/or planters with flowering plants and/or small trees. (While grass is not practical- most of it has been replaced with wood chips after having been trampled by festival crowds - I think some inclusion of nature is important.) · Drinking fountains. · Public Art. My personal feeling is that the Town Clock should not be moved if it is at all possible. It could continue to serve as a gathering place for friends and festivals. Imagine its potential as a landmark, as seen from upper or lower Main Street, marking the area as our city center. A roundabout would serve as a natural "traffic calmer." MEETING NOTES 01073.00 PROJECT: Conceptual Design - Town Clock Plaza Opening Main Street from 9® to 5th City of Dubuque, Iowa PARTCIPANTS: Mike Koch, City of Dubuque Dan LoBianco, Dubuque Main Street, Ltd. Kevin Eipperle, Durrant Angela Holm, Durrant Members of the general public Janua~ 9,2001 The purpose of the meeting was to gather input from the general public about the design of the Town Clock Plaza as an open-street concept. These notes are a paraphrased compilation of the comments made by those attending the meeting. DISCUSSION RELATED TO FEATURES AND AMENITIES DESIRED WITH AN OPEN STREET CONCEPT: · Better signage is needed for way finding. · Fifth Street needs to be enhanced and to connect to the peninsula. · Let 6'h Street be a picnic area for the office workers. · Don't make people walk through the alleys unless they are enhanced. · Public restrooms are needed on the plaza, especially for the tourists visiting Dubuque. (Many agreed on this point.) · Bus stops should be improved. · The upper levels of the downtown buildings should be developed. · Can a roundabout be designed for the clock tower instead of moving it? · We need short-term parking without meters. · Don't move the clock tower untess it is put back on the original building. · Don't put the tower back on the building, just move it to the West if needed. (This seems to be the general consensus.) · Lighting should be improved. · Long-term parking is also needed. · Will the Town Clock stay in its current location - can traffic be taken around it? (It was noted by the Mr. Koch that it had not yet been determined, but that it would be a strong possibility.) · If Main Street were to be opened, there should be parking and two-way traffic. Side streets should also be opened for access to Main. · Jerry Enzler stated that if Main Street is open, then the side streets should also be open. Wider sidewalks should be used, with dining space on them, and there should be a mix of traffic and parking. A little bit of crowding and traffic contributes to the urban excitement of a place. Meeting Notes January 9,2001 01073.00 Page 2 · I do not like the parking/loading zones on 8th Street. They shoutd have signs indicating parking times so that people will use them - at this time they are not being used for fear of being ticketed. · Vacancies on Main Street mean a loss of tourists. Tourists are interested in shops with unusual merchandise. · Parking should not be metered but should be short term. The police can mark tires, like they do on residential streets. · Use architectural amenities, like benches and lighting that will make a unified historic image with the riverfront and the rest of downtown development. Historic amenities are very important. · Design standards for storefronts should be created for an historic look, which will attract citizens and tourists. There is probably help from the city to restore and renovate storefronts. · There should be a mix of parking and open streets. · The street needs to be friendly and welcoming. · Access is needed for viability for business. · Citizens want to see people and activity downtown. OTHER COMMENTS: · Will cross streets be opened? · How will opening Main Street attract stores and retail? · Dan LoBianco, of Dubuque Main Street, Ltd., noted that the district has a 51% vacancy right now, and that many buildings are for sale. · What is the goal for occupancies? · Mr. LoBianco replied that he would like to see a mix of businesses and uses for the Plaza area. · We need to think about how the Town Clock fits into the overall vision. · I don't want to spend any more money on the Plaza. · Mike Koch noted that a great proportion of the street construction costs would be assessed to adjacent businesses at a rate which is higher than a homeowner would pay in a typical street assessment. · What percentage of the parking ramp on 5~h is for short-term parking? · Can the Iowa Street ramp be expanded upwards? (Kevin Eipperle answered the question by explaining the reason why that ramp could not be added on to.) · What are the benefits to the citizens of Dubuque for opening Main Street? · Racine, WI just won an AIA award for its downtown plan. It seems that Dubuque does not have an overall plan for its downtown. You are "putting the cart before the home", and we need to have a plan before spending money on one small area. · Take a look at tourists coming in to town - way finding is difficult for them. Right now the Plaza is a roadblock and a logjam. With all of the new tourists coming to town soon, we need to consider safety, infrastructure, traffic, and economics in this issue. Meeting Notes January 9, 2001 01073.00 Page3 · A lot of money is currently being spent on maintenance of the Plaza. · Fire and Emergency access to businesses on the Plaza is difficult now. · The fire lane is still there on the Plaza, but it is not maintained for snow. · Opening Main Street would help relieve traffic to and from the Ice Harbor development. · How much revenue is projected to be brought in by opening the Plaza, in terms of new businesses and increased sales for existing ones? · Are any efforts being made to bring big stores to the downtown? · Mike Koch reiterated the need to focus on today's forum's subject, which are the desirable features to be provided in an open street concept. · Hopefully the open street will invite businesses back. · What's the big picture for this area? · What do we need to do to bring the people back to the downtown? · The Main Street should be part of an overall downtown plan. · I like the Plaza the way it is. · Stop building parking ramps and invest all that money in the downtown and the community. · We already have novelty shops at Cable Car Square - how many more shops like this can the community support? The businesses that will benefit from the Ice Harbor development will be the restaurants and hotels, not these shops. · I disagree - each dollar spent rolls over 7 to 8 times through the community. · Downtown Dubuque needs something to spur development. · What about the budget? When will the improvements be done? · Eighth Street has chipped curbs, tire marks, and oil stains. It already looks bad after only one year. The preceding constitutes our interpretation of matters discussed and decisions reached. Please contact the undersigned for any omissions or discrepancies. DURRANT Angela Holm Graduate Architect Enclosures CC: T. Moerman K. Eipperle M. Koch :ag w:\Ol\OlO73.00~mtg\design\general public rntg,doc D. LoBianco MEETING NOTES PROJECT: PARTCIPANTS: 01073.00 Conceptual Design - Town Clock Plaza Opening Main Street from 9th to 5th City of Dubuque, Iowa See attached list January 9, 200t DISCUSSION RELATED TO FEATURES AND AMENITIES DESIRED WITH AN OPEN STREET CONCEPT: Nick Schrup of American Trust mentioned his business' interest in providing access to his building for his clients, and that opening the Plaza to traffic would be an advantage to American Trust and it's customers - functionality should be the key to the design. He said that he doubted benches and tables would be part of an open street design. John Butler expressed some concern about traffic being close to his employees that work behind the storefront of his building, making working conditions noisy or unpleasant. He would like features that will ~cushion" the traffic from the buildings like trees and shrubs. He also noted that tables and chairs would be appropriate in other open spaces. Dick Hartig of Hartig Drug Company would like to have 7t~ Street opened as well as Main Street to create more frontage for his potential tenants in his recently vacated building on the Plaza. 7th Street is wide enough to easily accommodate two-way traffic and still have wide sidewalks. · It was also noted that the lot South of the old Cigna building could be used as an open space for noon visitors to the Plaza to use. Scott Schneider of NICC said that the college is not interested in having high volumes of traffic or parking at their front door. NICC wants to maintain a campus-like atmosphere, and feels that cars rushing by would be a detriment. It was generally agreed that the sidewalks, if two way and with one ortwo lanes of parking, would be two narrow for many fixed amenities. The use of color and decorative pavers, etc., would liven up the street. An open street, to be visitor/tourist friendly, needs parking. John Butler said that the drop-off areas on 8~h Street are well used by his office. It was pointed out by several people that handicapped accessibility should be carefully considered, and could be improved with the used of similar drop-off areas and specified parking. One of the current areas for handicapped access and drop-off is Main and 9t' Streets. Meeting Notes January 9,2001 01073.00 Page 2 Mr. Butler also noted that between the curb and buildings, he would like to see drop-off areas and planters. He felt that the current trees in the Plaza were too large. Steve Horman stated that the best solution may be to tailor the parking conditions to the existing buildings and uses with a variety of drop-off, parking, and no parking areas. It was generally agreed that this might be the best way to meet everyone's needs. · Nick Schrup favors drop-off areas for his bank. Ben Graham noted that the use of the Plaza changes by the time of day and that the elements in it should be flexible to help increase its usage. This may mean restricting vehicular traffic to certain times of the day or days of the week. It was agreed by most in the group that a two-way street with no parking in the Plaza would not be successful. Mike Steele stated that, of the property owners group, about 70% agreed that there was a need for at least short-term parking and drop-off areas. Steve Horman expressed the need to accommodate visitors and tourists with a simple traffic pattern and clear way finding, with adequate signage, especially considering the influx of tourists expected to visit Dubuque and the new riverfront development. Dick Hartig feels that vehicular access is necessary for tourism to flourish in the downtown area. The Main Street/Plaza combination should strive to bring people to the area, and provide the opportunity for a visitor to happen by a store or business, park their car, and access the business. Linda Herbst expressed her desire to see an opened Main Street have a certain amount of quaintness about it, with the ~OId Main Dubuque" look - its Victorian architecture and historic character are very important. It should also connect Lower Main and Upper Main. OTHER COMMENTS: Mary Pat Kerper of McKesson HBOC in the Dubuque Building commented to the group that her organization took on a large expense due to the modifications on 8t~ Street when it was opened, and expressed concern about incurring the same expense if 7th Street were to be opened as well. She asked the group what the real advantages were to opening the Plaza to vehicular traffic. Meeting Notes January 9,2001 01073.00 Page 3 John Butler of Cottingham & ButledSISCO responded to Ms. Kerper by noting that improving the Plaza should help spur economic growth on Main Street, or at the least stop the loss of storefront businesses on the street. He mentioned that he owns two buildings across the Plaza from his business and cannot find a tenant who will rent them. He said that he felt the plaza was choking off business in general on the street. Mike Steele informed the participants of the discussion that a group of property owners and representatives from Dubuque Main Street, Ltd., have drafted a letter that outlines the desires that they have for the Plaza (see attached). Ben Graham of Graham's Style Store for Men reiterated these points and voiced his opinion about the drop-off areas on 8t~ street being unsuccessful because people are unwilling to park there for fear of being ticketed. · Michele Burbach of Walker's Shoes stated that empty storefronts are worth nothing, and that real investment in Main Street will increase property values. Mary Pat Kerper also mentioned that she was concerned about where the 700 employees in the Dubuque Building would be able to eat their lunches on nice days and that this issue needed to be addressed in the design. She noted that people wouldn't want to eat on the sidewalks, but that it might work to put eating areas in more concentrated pockets along the Plaza area. She is also concerned about the difficulty of dealing with semi trailer traffic in the alley behind the Dubuque Building blocking traffic if 7th Street were opened. It was generally agreed that nearby Washington Park is underutilized, and that incorporating it into the design's solution for lunchtime use was worth looking into. · The open-street concept design will strive to connect areas such as Washington Park, the Museum of Art, the Grand Opera House, and the Town Clock area. Steve Horman asked that group to make sure that mistakes made in the past in this area were not repeated, and to be careful not to harm buildings or businesses. It should be accessible to employees and businesses for all the uses needed, be pedestrian-friendly, and have green spaces. It should strive to strike a balance between employer, employee, and customer needs. Michele Burbach mentioned that having an open street rather than a closed plaza would make businesses more visible and would make it easier for fire access, maintenance, and would increase customer traffic. · Linda Herbst, representing the Fischer Companies, distributed a letter outlining their desires for an open Main Street. See attached letter. Meeting Notes January 9,2001 01073.00 Page 4 Joe Graham stated that he felt the open street was more important than the clock tower. Ben Graham thought that Main Street needs to be a special corridor and entice visitors and traffic to come into it. It should be pedestrian friendly and festival friendly. · Michele Burbach stated that the Downtown should be part of Dubuque's attraction for visitors and residents. · Tim Conlon noted that cues could be taken from historic downtown Dubuque- the old photos show life and is very busy with many people. John Gronen questioned the use of rough limestone planters as being inappropriate to the historic nature of the district. He also reminded the group of the study that Dan LoBianco did of several communities around the nation that faced the same debate that we are facing now, how they handled it, and what the results were. Dan LoBianco mentioned that one of the cities he studied - Burlington, IA - is a good example of a successful opening of a pedestrian mall. Since it was opened, two sidewalk cafes have begun business there. People like to see and be seen. · The goal of this project is to facilitate a vibrant business district. The preceding constitutes our interpretation of matters discussed and decisions reached. Please contact the undersigned for any omissions or discrepancies. DURRANT Angela Holm Graduate Architect Enclosures CC: T. Moerman K. Eipperle M Koch :ag w:\01\01073.00~mtg\design\property owners' mtg.doc MEETING NOTES 01073.00 January 10, 2001 PROJECT: Conceptual Design - Town Clock Plaza Opening Main Street from 9t~ to 5th City of Dubuque, Iowa PARTCIPANTS: See attached list The purpose of the meeting was to gather input from the employees of businesses on the Town Clock Plaza about its design as an open-street concept. DISCUSSION RELAVENT TO FEATURES AND AMENITITES DESIRED WITH AN OPEN STREET CONCEPT: It was stated by one of the Plaza employees that if the street were to be opened, there would have to be metered parking for 1 or 2 hour time limits so that restaurants might want to locate here. The owner of Allied Camera spoke at length about the drop-off zones in front of her stere. She supports longer parking times with better signage, dislikes drep-off areas, saying that they are abused by truck drivers and others, and that she would rather see meters being used there and on Main Street. Traffic control is very important if Main Street is to be opened. The street should be narrow, the cars should be forced to drive around the clock to slow them down, there should be parking (which also slows traffic), and a four way stop at the corner of Main and 8th. · It was suggested that the street "meandeF in order to slow traffic and discourage its use as a through street, like the Main Street in Cedar Falls, IA. · There was much concern about fast through traffic, creating noise and pedestrian safety issues. Any new trees in the Main Street redevelopment should be larger than the ones planted on 8th Street to provide immediate shade. Messy fruit-bearing trees should also be avoided. · One person would like to see skywalks built. · Benches are a desirable amenity. · The main dining area could be centralized around the Town Clock area. Meeting Notes Janua~ 10,2001 01073.00 Page 2 Mike Koch noted that it is important that the dining area function of the current Plaza be preserved. · It is important to maintain and improve the historic character of the Main Street area. It is desirable to have continuity between street developments and tie them together, especially to other historic areas. There should be compatibility and interaction between these spaces. OTHER COMMENTS: Mike Koch discussed the purpose of the meeting and informed the group that the findings of the three input meetings plus the surveys that were circulated to the Town Clock Plaza employees would be compiled for the City Council to review. · A concern was expressed about snow and ice removal where alleys cross the side street sidewalks intersecting the Plaza. · Representatives of NICC expressed their concern about noise around their building, believing that it would disrupt studying and testing of the students. The preceding constitutes our interpretation of matters discussed and decisions reached. Please contact the undersigned for any omissions or discrepancies. DURRANT Angela Holm Graduate Architect Enclosures CC: T. Moerman K. Eipperle M. Koch :ag w:\Ot\O1073.00~mtg\design\plaza employees' mtg.doc D. Lobianco 2324 Maplewood Dr. Dubuque, IA 52002 JanuaD' 10, 2001 Mr. Tewy Duggan, Mayor CiW of Dubuque 1 and Central Ave. Dubuque, IA 52001 Dear Mayor Duggan: Today I attended the meeting of downtown employees on the NICC campus regarding the opening plans for Town Clock Plaza. The moderator showed us a skbtch of where Main Street would reopen and introduced an employee of the Durrant Group who would be doing the plans. They stated that the cost of opening the street to vehicle traffic was approximately the same cost as renovating the plaza without traffic; with the cost being over 3 million dollars Has the-Durrant Group or the city taken a look at the Town Clock? Who would want to occupy one of those corner buildings, with vehicles circling the clock? Cigna is a huge employer downtown; do they want cars driving past their new windows and be able to look in? Have you seen what NICC has done to their building? Their school atmosphere would be lost with vehicles so close to the classrooms. May 1 suggest that you have the original renovation of the plaza scaled down and the additional funds be used elsewhere in the city. For instance, as a 20-year downtown employee, I know that those tiles need to be replaced with something more durable. Some trees also need to be replaced. But 3 million dollars seems very high to me. ! thi~'& the Town Clock Plaza is beaut'nfi~l; it does need some changes but I'm sure k can be done for a much reasonable price. I think you, as mayor, should look into this. Please don't open the plaza to traftic just because a few business owners want it. I know that Main Street will never be the hustle and bustle it was in 1960, (and I lived it)! All this happened with the building of Kannedy Mall. Nothing will ever replace the malls of today! Be sure to listen to everyone, not just the property owners downtown. Good Luck! Sincerely, Betty Weiland GRONEN PROPERTIES PO Box 1862' DUBUOUE IA 52'004- 1862' 319 557-70 I0 FAX: 3 I 9 557-3 159 January 11, 2001 Honorable Mayor and City Council Members City Manager city HaU Dubuque IA 52001 RE: Plaza Issue Dear Honorable Mayor and Council Members, Enclosed please find some historic photos of downtown Main and Eighth Streets. These photos were spontaneously passed around at the input session held Tuesday, Jmluary 9, 2001 and the response ti:om those present was very interesting. We felt it might be of interest to all of you to see and remember how Main Street looked and bustled in those days. With all the energy and effort that the City has been putting into the Discovery Center and lower Main Street, there is no question that all of Main Street could thrive once again. Should you have any questions or require additional information, please don't hesitate to let me know. Thank you for your time. 'DOWN]OWN OAK PARK I 101 W. Lake Street, Suite 202 Oak Park, IL 60301 PHONE: 708,383.4145 FAX: 708.383.4975 E-MAIL: dtop@enteract.com January5,2001 Mr. John Gronen 1766 Plymouth Coud Dubuque, lA 52003 Dear Mr. Gronen, It was a pleasure speaking with you yesterday. I have enclosed streetscape slides of the former Oak Park Mall and Downtown Oak Park streetscape after Lake Street was reopened. In addition, I have enclosed our 1997 Annual Report which best depicts the changes in Downtown Oak Park in the first ten years after reopening our main street. As we discussed, reopening a main street pedestrian mall is a controversial subject, and to date we have detractors who long for the ambience of the former mall. That's because the wide open pedestrian areas with flowing fountains, landscaped berms and children playing at the feet of their grandparents sitting on one of the many benches paints a Norman Rockwell painting, but in truth that is not the complete picture..T_h...e £estrictive traffic flow patterns and lack of exposure our stores received from the ma. II . I~ayout negatively i~mp.a, cted retail business. Because of this and the trend for department stores to leave their downtown locations, Downtown Oak Park experienced a vacancy rate of approximately 30% on ground floor just over a decade ago. Upstairs office space was also at a high vacancy rate. For those concerned about retaining ambience, I say to them that when a downtown district experiences a vacancy rate that high, no amount of landscaping or water fountains will create a desired level of ambience. There is nowhere to go, nothing to do and properties are neglected. The perception tums to one of blight and eventually to questionable safety. And on that note, as you look at the potential project of reopening your downtown to vehicle traffic, I believe you can create an image that reflects your community and maintain a cedain level of ambience with careful planning. This can be attained through wide sidewalks and/or maintaining a portion of the pedestrian mall (we did both), attractive landscaping, sidewalk furniture, public art and other creative means of effecting a comfortable, neighborhood friendly environment. Take a look at our "before and after" pictures in the slides. I think they speak for themselves. Downtown Oak Park...Not Your Nun of the Marl Shopping Experience The enclosed 1997 annual report provides the downtown history for the first ten years after the street was reopened. To give you a more descriptive synopsis, the Village invested in the downtown by reopening Lake Street, created additional parking and partnering with the Downtown Oak Park Association 1988. This investment and incentive tools such as retail rehab grants, micro loans and awning and signage grants encouraged private investment. We have a revamped seven screen, first run movie theatre, when we previously had a rundown second run one screen theatre. We have a healthy mix of national, regional and independent retailers and restaurants. Borders, Old Navy, an expanded Gap and Gap Kids and Pier 1 Imports are a few of the names we boast. Our vacancy rates for both retail and office space have averaged around 5% in the past few years. This came about only after Lake Street reopened. I believe the exposure gained from the 12,000 cars driving down our main street daily was the impetus to our revitalization. Let's face it, people in our society drive to their destinations. Our pedestrian mall layout did not allow them to see the fronts of our stores. They would not come to what they couldn't see. Exciting private investment projects continue. We are even considering reopening the small portion of the pedestrian mall that currently remains. This is a testament that we have maintained the ambience on Lake Street and have benefited from the traffic flow. But of course, ~ venture such as this is a great challenge, strong leadership and a united partnership between the business community and the municipality are essential to make this happen. I wish you the best in your study and endeavors. Please feel free to call on me if I can be of further assistance. Executive Director CITY OF DUBUQUE, IOWA MEMORANDUM Jalluary 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Mitligen, City Manager Municipal Parking Lot #2 (9th & Bluff Streets) Parking System Supervisor Cindy Steinhauser is recommending that Lot #2 located at 9th and Bluff Streets have 30 of the 33 metered spaces converted to monthly reserved parking. This is based on surveys of current use and information collected from surrounding businesses. With current requests that lot would be fully leased immediately. I concur with the recommendation and respectfully request Mayor and City Council approval. MiChael C. Van Milligen MCVMJjh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Cindy Steinhauser, Parking System Supervisor CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 2001 To: Michael C. Van Milligen, City Manager From: Cindy Steinhauser, Parking System Superviso~ Re: Municipal Parking Lot #2 (9th & Bluff Streets) Introduction The purpose of this memorandum is to provide information regarding the usage of municipal parking lot #2 and to propose converting this lot from an all-metered lot to a metered and reserved parking lot. Background Municipal parking lot #2 is located on the comer of 9th and Bluff Streets directly across from the Telegraph Herald and Premier Drycleaners. This lot has 33 long-term metered spaces and has primarily been used for parking by downtown employees in the area. Two significant changes in downtown have affected the usage of this lot. First was the relocation of Advanced Data Comm out of downtown, thereby reducing the number of employees using this lot. Second, the shil2 of the Telegraph Herald from an evening paper to a morning edition also resulted in a lower occupancy in this lot. Based upon this information, the Parking Division began to do stall audits of this parking lot to determine the average vacancy rate. A recent thirty-day audit indicated that, on average, this lot had a 50% vacancy, thus impacting the lot revenue collections. Discussion In response to this matter, I met with Dan LoBianco, executive director of Dubuque Main Street Ltd. to discuss the possibility of converting some or all of this lot to a reserved lot similar to the City's mmficipal lots on 5th Street (next to Ecumenical Towers) and on 4th & Central. On November 30, 2000 a letter was sent to businesses in the area to solicit their opinion of the conversion of this lot from metered to reserved. A copy of the letter is attached along with a list of businesses that were sent this letter. Based upon the feedback received, I would propose that we convert 30 of the 33 spaces to monthly reserved parking. These spaces would rent at a rate of $25 per stall per month and the lot would be enforced Monday - Friday 6 a.m. to 6 p.m. similar to our other reserved lots. This change would allow 3 short-term metered spaces to be used by customers of adjacent businesses along with the on-street meters in the area. Once this change is implemented, individuals who have already requested a parking space will fill all 30 spaces. This change would increase the amount of revenue collected fi'om this site. Recommendation I recommend that the City Council adopt the attached ordinance authorizing the use of municipal lot #2 as a metered and reserved parking lot. Cc: Ken TeKippe, Finance Director ORDINANCE ] - 01 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-314 ESTABLISHING METERS - TIME AND FEE SCHEDULE FOR MUNICIPAL LOTS BY ADDING A NEW PARAGRAPH 6 ESTABLISHING THE METER TIME AND FEE SCHEDULE FOR MUNICIPAL LOT #2. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Section 32-314 of the City of Dubuque Code of Ordinance is amended by adding the following: (6) On Parking Lot No. 2, reserved parking for each space for the thirty (30) parking spaces for which parking meters have not been installed shall be rented through a lease agreement approved by City Council. Reserved parking for non-metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sunday's and holidays at a monthly rate of twenty-five dollars ($25.00), payable each month. Section 2. Tiffs ordinance shall take effect February 1, 2001. Passed, approved and adopted this 15thday of January ,2001 Attest: City Clerk Parking Di~ion 830 BluffStmet Dubuque, Iowa52001 (319) 589-426614267 November 30, 2000 Dear Local Business Person, The City of Dubuque Parking Division, in cooperation with Dubuque Main Street Ltd. are discussing potential changes to public parkin,gth metered lots located near your business. Specifically, Municipal Lot #2 located on 9 & Bluff Street. Currently this tot has 33 long-term metered spaces. We are considering converting some or all of these spaces into monthly reserved parking. The proposed rate would be $25 a month per stall. The purpose of this letter is to solicit your opinion on the conversion of these spaces and to determine the level of interest in renting the reserved space. If suffiq, ient interest exists to support this change, it is anticipated that the change could occur by January 2001. Therefore, we are asking you to contact the City of Dubuque Parking Division Office at 589-4266 to let us know if you are interested and to put your nan~e on the waiting list for a space. Thank you for your cooperafion in tiffs matter. Happy Holidays, Dan LoBianco, Executive Director Dubuque Main Street Ltd. Cindy Steinhauser, Parking Supervisor City of Dubuque Parking Division Service People Integrity Responsibility Innovation Teamwork BUSINESSES SENT LETTER REGARDING MUNICIPAL LOT #2 Dempsey's Telegraph Herald/Woodward Communications Carol's Snip A Bit Premier Drycleaners KAT-FM/KDTH Homefinder's Mike's Pawn Shop Dubuque Main Street Ltd. CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2001 TO: FROM: SUBJECT: 'f1~e Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Traffic Control at Alta Vista Street Public Works Director Mike Koch, in response to a request from the Police Department, is recommending that Alta Vista Street be designated as a through street. The Engineering Department will then place stop signs at Alta Vista on the intersecting streets. I concur with the recommendation and respectfully request Mayor and City Council approval. /~Iichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director O TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 20, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Traffic Control at Alta Vista Street INTRODUCTION The following is in response to a request from the Police Department for stop signs at the streets intersecting with Alta Vista Street. DISCUSSION Alta Vista Street extends from West Fifth Street to a point approximately two hundred fifty (250) feet north of Kirkwood Street. Traffic counts indicate volumes of 3,000 vehicles per day near Rose Street and 1,100 vehicles per day near Kirkwood Street. Vehicles traveling on Alta Vista are currently required to stop at West Fifth Street, University Avenue, and Loras Boulevard. Eight other streets intersect with Alta Vista creating nine (9) T- intersections. Motorists typically drive Alta Vista Street as though it is a through street having priority over the side streets. A check of the accidents from 1993 to 1998 at these nine (9) intersections indicates that 15 accidents have occurred at the T-intersections. RECOMMENDATION Based primarily upon the need to clarify and assign right-of-way, I would recommend that stop signs be placed at all the side street intersections along Alta Vista Street including Harvard Street, Carlotta Street, Oxford Street, Rose Street, Martha Street, Vernon Street, Edina Street, and Kirkwood Street (both T-intersections). The enclosed ordinance provides for the designation of "through street" for Alta Vista Street. Designation of a particular route as a through street gives priority to traffic along that route, and automatically provides authority for the installation of stop signs on all side streets. With this designation, individual stop sign ordinances are not required at each of the intersecting side streets. ACTION TO BE TAKEN The City Council is requested to adopt the attached ordinance providing for the designation of Alta Vista Street as a through street. Stop signs will then be placed at the intersection of Harvard Street and Alta Vista Street, Carlotta Street, and Alta Vista Street, Oxford Street and Alta Vista Street, Rose Street and Alta Vista Street, Martha Street and Alta Vista Street, Vernon Street and Alta Vista Street, Edina Street and Alta Vista Street and Kirkwood Street and Alta Vista Street (both T-intersections). MAK/vjd ORDINANCE NO...~ -01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING ALTA VISTA STREET TO SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Alta Vista Street to Subsection (b) of Section 32-213 thereof as follows: Sec. 32-213. Throuqh Streets. (b) Alta Vista Street, from the north property line of West Fifth Street to the south property line of University Avenue, and from the north property line of University Avenue to the south property line of Loras Boulevard, and from the north property line of Loras Boulevard to its northerly terminus. Passed, approved and adopted this 15th dayof January ,2001. Torrance A. Dugg~vlayor Attest: ~../Jeanne F. Schneider, City Clerk SITE LOCATION Not To Scale PURPOSE: Alta Vista Stop Signs Showing the Spirit November 5m, 2000 Acting Chief Terry Lambert Dubuque Police Department 770 Iowa Street Dubuque, Iowa 52001 Dear Terry: This letter is to inform you that on November 2~d, 200 at 1555 hours, I was dispatched to an accident, no injuries to the intersection of Alta Vista St. and Edina St.. After doing report, Captain Raschke requested that I confirm Alta Vista St. as a through street because of my choice of violation 32-213 (FTYROW ~ Through Street). Upon reviewing the code it was determined that Alta Vista Street is not a through meet. Furthermore, there are no Stop Signs on the following streets: Kirkwood (both east and west bound), Edina, Vernon, Martha and Carlotta. All above-mentioned streets would have traffic coming onto Alta Vista Street bom the fight as you travel southbound. As one would travel northbound, you encounter traffic coming from your right on Harvard, Oxford, and Rose. I recommend that Alta Vista Street either be designated as a through street or Stop Signs will need to be erected at the above-mentioned intersections. Thank you for your consideration in this matter. CITY OF DUBUQUE, IOWA MEMORANDUM January 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager DAIDC Speculative Industrial Building The Dubuque Area h~dustrial Development Corporation (DAIDC) has built a 40,000 square foot speculative industrial building in Dubuque Industrial Center West. DAIDC is a private not-for- profit community development organization. DAIDC is having the building marketed by the Greater Dubuque Development Corporation (GDDC). Mayor Duggan and I serve on the Board of Directors of DAIDC. I respectfully request Mayor and City Council approval of an ordinance that allows this building to be exempt from property tax. t9lichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager ORDINANCE NO. 3 -01 AN ORDINANCE AMENDING CHAPTER 15, COMMUNITY DEVELOPMENT, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE 6, ALLOWING AN EXEMPTION FROM PROPERTY TAXATION FOR SPECULATIVE SHELL BUILDINGS CONSTRUCTED BY COMMUNITY DEVELOPMENT ORGANIZATIONS WHEREAS, Iowa Code § 427.1(27) provides for the allowance of an exemption from property taxation for the new construction of shell buildings by community development organizations for speculative purposes or the portion of the value added to buildings reconstructed or renovated by community development organizations in order to become speculative shell buildings; AND WHEREAS, the exemption or partial exemption is allowed only pursuant to ordinance of a city; AND WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to allow such exemption. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Chapter 15, Community Development, of the City of Dubuque Code of Ordinances, is amended by adding the following: Article VI. Speculative Shell Buildings of Community Development Organizations Sec. 15-59. Definitions. For purposes of this Article, the following definitions apply: a. (1) "Community development orgauization" means an organization, which meets the membership requirements of subparagraph (2), formed within a city or county or multicommunity group for one or more of the following purposes: (a) To promote, stimulate, develop, and advance the business prosperity and economic welfare of the community, area, or region and its citizens. (b) To encourage and assist the location of new business and industry. (c) To rehabilitate and assist existing business and industry. (d) To stimulate and assist in the expansion of business activity. (2) For purposes of this definition, a community development organization must have at least fifteen members with representation from the following: (a) A representative from government at the level or levels corresponding to the comm~Jllity development organization's area of operation. (b) A representative from a private sector lending institution. (c) A representative of a community organization in the area. (d) A representative of business in the area. (e) A representative of private citizens inthe community, area, or region. b. '2qew construction" means new buildings or structures and includes new buildings or structures which are constmcted as additions to exisfmg buildings or structures. '~New construction" also includes reconshnmtion or renovation of an existing building or structure which constitutes complete replacement of an existing building or structure or refitting of an existing building or structure, if the reconstruction or renovation of the existing building or structure is required due to economic obsolescence, if the reconstruction or renovation is necessary to implement recognized industry standards for the manufacturing or processing of products, and the reconstruction or renovation is required in order to competitively manufacture or process products or for community development organizations, to market a building or structure as a pseculative shell building, which determination must receive prior approval from the city council of the city or county board of supervisors of the county. c. "Speculative shell build'mg" means a building or structure owned and constructed or reconstructed by a community development organization without a tenant or buyer for the purpose of attracting an employer or user which will complete the build'mg to the employers or user's specification for manufacturing, processing, or warehousing the employer's or user's product line. Sec. 15-60. Exemption Allowed. An exemption from property taxation is hereby allowed for new construction of shell buildings by community development organizations, or the portion of the value added to buildings being reconstructed or renovated by community development organizations in order to become speculative shell buildings. The exemption or partial exemption shall be effective for the assessment year in which the building is first assessed for property taxation or the assessment year in which the reconstruction or renovation first adds value and all subsequent years until the property is leased or sold or until the exemption is terminated by ordinance of the city council. Eligibility for an exemption as a speculative shell building shall be determined as of January 1 of the assessment year. If the shell building or any portion of the shell building is leased or sold, the portion of the shell building which is leased or sold shall not be entitled to an exemption under this ordinance for subsequent years. An application shall be filed pursuant to section 427B.4 for each project for which an exemption is claimed. Upon the sale of the shell building, the shell building shall be considered new construction for purposes of Iowa Code section 427B.1 if used for purposes set forth in section 427B.1. Sec. 15-61. Application for exemption by property owner. An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the assessment year in which the value added is first assessed for taxation. Applications for exemption shall be made on forms prescribed by the director of revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the director of revenue. A person may submit a proposal to the city council to receive prior approval for eligibility for a tax exemption on new construction. The city council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with the zoning plans for the city. The prior approval shall also be subject to the hearing requirements of Iowa Code section 427B.1. Prior approval does not entire the owner to exemption fxom taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the person may submit an amended proposal to the city council tO approve or reject. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 15 day of January, 2001. Atte st '.~ ,~'~7~r~~ ~t~anne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Permit Moratorium for Off-Premise Signs Planning Services Manager Laura Carstens is recommending the City Council adopt the attached Ordinance establishing a 90-day permit moratorium for off-premise signs. The moratorium request is prompted by the January 3, 2001 application of Lamar Outdoor Advertising for a text amendment to the Zoning Ordinance to increase the minimum spacing regulations for off- premise signs from 100 feet to 750 feet. This moratorium will prevent the creation of what would be non-conforming signs if this text amendment is adopted. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 4,2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager-~ Permit Moratorium for Off-Premise Signs This memo transmits for City Council review and approval, a proposed 90-day permit moratorium for off-premise signs. This moratorium request is prompted by the January 3, 2001 application of Lamar Outdoor Advertising for a text amendment to the Zoning Ordinance to increase the minimum spacing regulations for off-premise signs. Lamar's proposed text amendment is to increase the minimum spacing between off- premise signs from 100 feet to 750 feet. This amendment would impact the placement of off-premise signs, if enacted. Signs erected during the review of the text amendment by the Zoning Advisory Commission and the City Council might conflict with greater spacing requirements, if adopted. When an applicant files a rezoning request for a property, the Building Services Department is prohibited by City code from issuing permits for the subject property. This "built-in" moratorium does not apply to text amendments, however. Since the proposed amendment affects off-premise signs, which are issued permits, a moratorium seems prudent to prevent inadvertently creating non-conforming off-premise signs. The public hearing process for review of the text amendment by the Zoning Advisory Commission and the City Council should be accomplished within the proposed 90-day moratorium. I recommend that the City Council adopt the attached ordinance establishing a 90-day permit moratorium for off-premise signs. Attachment cc Rich Russell, Building Services Manager b',wp~oun¢i~s~gns.mem Prepared by: Laura Carstens, City Planner Address: 50 W. 13~ St., Dubuque, IA Telephone: 589-4210 ORDINANCE NO. 4 -01 AN ORDINANCE AMENDING CHAPTER 3 (ADVERTISING) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 3-43 (f), TO ESTABLISH A NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE SIGNS. Whereas, Lamar Outdoor Advertising has submitted an application for a text amendment to the Zoning Ordinance regulations pertaining to increasing the minimum spacing of off- premise signs; and Whereas, the issuance of permits for off-premise signs during the review of this text amendment could affect the community negatively. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances is hereby amended by adding a new Section 3-43 (f) as follows: Section 3-43 (f') Moratorium on issuance of permits for off-premise signs The building official shall not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of an off-premise sign during the period of ninety (90) days from the effective date of this section, except where a vested right to the issuance of such permit accrued prior to the effective date of this section. Section 2. This ordinance shall take effect upon publication as required by law. Passed, approved and adopted this 15thday of January ,2001. Attest: / Terrance I~./Z~uggan, Mayor C.~Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January 12, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Changes to Agreements with Platinum Holdings for Development of Hotel/Water Park on 4th Street Peninsula The City Council approved on June 19, 2000, the Development Agreement with Platinum Holdings for the construction ora proposed hotel/water park. At that time, a form of Lease and Facility Management Agreement were attached to the Development Agreement. The Lease and Management Agreement have now been finalized and several changes to the Development Agreement itself are needed. In addition, a new Parking Use Agreement has been created for the hotel property. Since the approval of the Development Agreement in June, environmental investigations have required the City and Platinum to renegotiate the actual property footprint to be leased. This wilt remove any barrier to financing the project that the Developer might encounter due to the environmental condition of property to be mortgaged. In addition, the application for Vision Iowa funds has both helped to define the project and to delay implementation as the City awaits word on award of funds. The City of Dubuque, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce have partnered together on the $188 million America's River project. An application has been submitted for $58 million in Vision Iowa funding from the State of Iowa. The Mississippi River Discovery Center, the Mississippi River National Education and Conference Center, the riverwalk and amenities, and the riverfront hotel and indoor water park will help create a new national identity for Iowa. The 90-acre campus will be THE place for people across the country and around the globe to learn about and experience the Mississippi River. This will be the only place on the entire 2,400 mile stretch of the Mississippi River that captures the historical, environmental, educational and recreational majesty of the Mississippi River. America's River creates over 1,000 new jobs that pay a living wage, it puts the State on the map as an international destination by building on a global treasure, the Mississippi River, and creates a magnet for a young and diverse population. At its heart, the America's River Project is all about Iowa and traditional values of strong education and conservation of preeminent natural resources. America's River will be a national center with parmerships and support from 12 federal agencies, donors from across the State of Iowa and from the entire length of the Mississippi River from Minneapolis to New Orleans. America's River Project is ready to go. Over $130 million in matching and leverage funds have been secured, including over $31 million from the City of Dubuque. If Vision Iowa funds are granted in early 2001, America's River will begin opening its doors within two years. The approval of these agreements with Platinum Holdings for development of a hotel water park is an important component of this project and will be used as part of the 50/50 match required for Vision Iowa funding. Because of the environmental condition of the property, and to help the City to avoid additional costs, Platinum has agreed to move their building approximately 100 feet to the north. The major changes in the Development Agreement and Lease include a reduction of the leased acreage, from five acres down to three and one-half acres. The City then takes on the responsibility for construction of the needed parking with an exclusive Parking Use Agreement executed. This is similar to the arrangement with Peninsula Gaming, the Spirit of Dubuque, and the Dubuque County Historical Society. There has also been a change in how lease payments are calculated after the 10th year of the lease through the 50th year in that there will now be an annual CPI adjustment. The Developer has agreed to a minimum assessment of $250,000 for the first fottr years, and the City agrees that for that period, that also will be the maximum amount of taxes paid, and any amount paid over that amount will be rebated back to the Developer. Finally, the City will indemnify Platinum against any environmental risks. The additions to the Facility Management Agreement includes the City providing $396,000 to capitalize up-front costs, the City paying insurance costs for the facility, and the two parties agreeing to share 50/50 in all utility costs. I respectfully recommend Mayor and City Council approval of the amended Agreements and the new Parking Use Agreement. Michael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: January 11, 2001 Michael Van Milligen, City Manager ~ Pamela Myhre, Acting~n~nt Director Changes to Agreements with Platinum Holdings for Development of Hotel/Water Park on 4t~ Street Peninsula Introduction This memorandum discusses changes to several agreements between the City and Platinum Holdings regarding development of a new hotel/water park on property in the 4th Street Peninsula. It also provides for the approval of a separate parking use agreement. Discussion The City Council approved on June 19, 2000 a Development Agreement with Platinum Holdings for the construction of the proposed hotel/water park. At that time, a form o£1ease and facility management agreement were attached to the Development Agreement. The lease and management agreement have now been fmalized and several changes to the Development Agreement itself are needed. In addition, a new parking use agreement has been created for the hotel property. Since the approval of the Development Agreement in June, environmental investigations have required the City and Platinum to renegotiate the actual property footprint to be leased. This will remove any barrier to financing the project that the Developer might encounter due to the environmental condition of property to be mortgaged. In addition, the application for Vision Iowa funds has both helped to define the project and to delay implementation as the City awaits word on award of funds. The following discussion identifies the proposed changes to the agreements: Proposed changes to the Development Agreement · The proposed lease area is reduced from 5 acres to 3.5 to avoid certain environmental conditions discovered during Phase II environmental investigations of the property. The property to be leased will not require any Comfort Letter; however, the City will agree to indemnify the Developer against any pre-existing environmental conditions should something be discovered in the future, e.g. during construction of the new hotel. Also, more testing may be done when the existing structure on the site is demolished. Because of environmental conditions found in areas planned as parking lots for the hotel, the City will not lease those areas to the Developer but rather will develop and maintain parking for the hotel project and enter into an exclusive parking use agreement with the Developer. This is the same way parking is handled for the other uses in the Ice Harbor area that use City parking. The parking use agreement stipulated in the Development Agreement sets a minimum number of parking spaces to be created for Phase I and Phase II of the hotel project. While the Developer will maintain the parking lots on a routine basis, including sweeping, landscape trimming, snow removal and trash collection, the City will retain all replacement/repair responsibilities. The Minimum Assessment Agreement associated with the Development Agreement provides for an assessment that will provide approximately $250,000 in tax increment from the property. Based on the actual price paid by the City to Plastic Center, Inc. for the property, the taxable value of the property has likely increased substantially over that estimated at the time of the original agreement. An economic development grant provision has been added to the Development Agreement that provides a rebate to the Developer for a 4 year period equal to the difference between actual taxes paid and $250,000. The Developer is granted a right of first refusal on the Phase II parking and development areas during the term of the lease (50 years). Developer shall also have a right of first refusal for an additional parcel of land directly south of the Phase 1I water park property, and directly along the Riverwalk, for a period of 15 years. Proposed Lease Due to a reduction in the lease area, the proposed lease rate has been reduced. An annual lease rate adjustment which begins in the 11th year of the lease will be calculated using the Consumer Price Index rather than a reappraisal process. Changes in the environmental section correspond to changes made in the Development Agreement. Proposed Facility Management Agreement The City agrees to provide $396,000 for needed start up costs. This allows the performa for the property, which was required in the Vision Iowa application, to show the facility is financially feasible. · The City will pay insurance costs for the facility. · The City and Platinum will equally share the utility costs for the facility. New Parking Use Agreement · This agreement is similar to other parking agreements in the 4th Street Peninsula in which the parking areas are owned and maintained by the City at no cost to the businesses in the area with routine maintenance responsibilities carded out by the business. The agreement restates the environmental and right of first refusal language found in the Development Agreement. Recommendation City staff has worked to craft the changes in these agreements to reflect a workable plan that can be readily implemented once the Vision Iowa award announcement is made. We have worked with our environmental consultants and environmental legal staff to ensure a project that limits the City's liability exposure while providing the Developer with a project that can be financed. The proposed amendments reflect the work of both parties, City and Developer, to make the vision for the redevelopment of the City's 4th Street Peninsula riverfront become a reality. I recommend that the proposed amendments to the attached agreements and the new Parking Use Agreement be adopted by the City Council. Action Step The action step for the City Council is to adopt the attached Amendment to Development Agreement. January 11, 2001 F:WSERS~Pmyhre\WPDOC S\UR~lce HarborXameadmemo.wpd CITY OF DUBUQUE, IOWA AMENDED DEVELOPMENT AGREEMENT THIS AMENDED DEVELOPMENT AGREEMENT (the "Agreement"), made on or as of the day of, 2000 January, 2001, by and between the City of Dubuque, Iowa, a municipality (hereinafter called "CITY"), established pursuant to the Code of Iowa of the State of Iowa and acting under authorization of Chapter 403 of the Code of iowa, as amended (hereinafter called "URBAN RENEWAL ACT") and Platinum Holdings, LLC (hereinafter called "DEVELOPER"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken an Urban Renewal project (hereinafter called "PROJECT') to advance the community's ongoing economic development efforts; and WHEREAS, said Project is located within the Ice Harbor Urban Renewal District (hereinafter called "PROJECT AREA"); and WHEREAS, as of the date of this Agreement there has been prepared and approved by City an Urban Renewal Plan for the Project Area consisting of the Urban Renewal Plan approved by City Council of City on the 5th of June, 2000 (attached hereto as Exhibit A and hereinafter called "URBAN RENEWAL PLAN"); and WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of this Agreement, has been recorded among the land records in the office of the Recorder of Dubuque County, Iowa; and WHEREAS, Developer has requested that City acquire and lease to Developer approximately ~ 3.~5 acres located in the Project Area as more specifically identified on Exhibit B attached hereto (hereinafter called "PROPERTY~) so that Developer may redevelop said Property, located in the Project Area, for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with this Agreement; and WHEREAS, City believes that the redevelopment of Property pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable federal, state and local laws and the requirements under which the Project has been undertaken and is being assisted; and WHEREAS, this Development Agreement is exempt from the competitive bidding procedures of Iowa Code Section 403.8(2) as a result of the agreement of Developer to enter into a minimum assessment agreement as provided in Iowa Code Section 403.6 and the development of home/regional offices of a multistate business at the Property. NOW THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. ACQUISITION OF PROPERTY BY CITY Subject to all the terms, covenants and conditions of this Agreement, City shall use its best efforts, including the exercise of its eminent domain powers, if necessary, to acquire Property for the purpose of conveying the same to Developer. SECTION 2. LEASE OF PROPERTY TO DEVELOPER 2.1 Lease. On the Closing Date, City shall transfer possession of Property pursuant to a lease with the Developer (the "Lease~) for a term of fifty (50) years. The Lease shall be substantially in the form of Exhibit C attached hereto. On completion of the Phase II Improvements (as defined in Section 3.1 below), the Lease shall be extended for the appropriate period of time in order that the Lease shall be for a term of fifty (50) years commencing on the date the Developer receives the certificate of completion from the City related to the completion of the Phase II Improvements. The City and Developer shall enter into a Parking Use Agreement, substantially in the form of Exhibit G attached hereto, pursuant to which the City shall provide Developer with proprietary vehicular parking as more specifically designated on Exhibit B attached hereto, for a minimum 290 vehicles for the Minimum Improvements and, if constructed as provided herein, for an additional minimum 110 vehicles for the Phase II Improvements (total minimum parking for both Phase I and Phase II of 400 vehicles). 2.2 Recordation of Lease. On the Closing Date, Developer shall record a Memorandum of Lease as stipulated in the Lease among the land records in the office of the Recorder of Dubuque County, Iowa. Developer shaII pay all the costs for so recording. 2.3 Condition o__f Property. City shall deliver the Property to the Developer in a condition that the Developer can immediately commence constructing the Minimum improvements (as defined in Section 3.1 below), including without limitation, the demolition by the City of all pre-existing structures on the Property, and shall deliver the Property to Developer in a condition that satisfies the following standards; (a) Environmental Investigation. City shatl retain an environmental consultant to conduct a Phase I environmental assessment that shall comply with the ASTM E 1527-97 standard with the exception of those reasonable and documented exceptions agreed upon by Developer. The City shall also retain an environmental consultant to complete a Phase II environmental assessment that shall comply with the ASTM E 1903-97 standard with the exception of those reasonable and documented exceptions agreed upon by Developer. The Phase II shalt consider those concerns identified in the Phase I. The City and Developer shall consult concerning the identity of the environmental consultant, and Developer shall not unreasonably withhold approval of the environmental consultant. Developer approves Preston Engineering as an acceptable environmental consultant for the purposes of this Agreement. The City and Developer shalt consult concerning the scope of work to be included in the Phase II, and Developer shall not unreasonably withhold approval of the Phase Il scope of work. Upon completion of the Phase I and Phase II environmental assessment reports, City may in its sole discretion undertake additional environmental assessment ¢Supplemental Phase Il") after consultation with Developer. Developer shall have the right to inspect the Property prior to the Closing Date and to take whatever tests or perform such examination, as Developer shall deem appropriate, at its own risk and its sole cost and expense. Prior notice of such activity by Developer shall be provided to the City and written results of such activity shall be shared with the City. Any test, examination or inspection ofthe Property by Developer shall not eliminate or relieve the City of its obligations under this Section2.3. Notwithstanding any provision to the contrary, prior to Closing, following adequate demolition and availability of the Property, the City agrees to conduct additional groundwater and soil sampling at locations within the proposed foundation of the hotel as shown on Exhibit B and as aqreed upon by the City, the Developer and the environmental consultant. The City agrees to monitor the demolition of existing structures and to notify the Developer if any environmental concerns are discovered. (b) Comfort Letter. If the environmental assessments indicate or if under any other circumstances Developer or the City or their contractors determine prior to the Closing Date that Hazardous Substances on the Property are in excess of any applicable action level, as defined at 567 Iowa Administrative Code § 133.2, 567 Iowa Administrative Code Chapter 135, or applicable statewide standard developed under Iowa Code Chapter 455H, if the Property is statutorily eligible, whichever is less stringent, then City shall obtain a "no-action lette¢' from the Iowa Department of Natural Resources and if the Environmental Protection Agency ("EPA") has concurrent or pdmary jurisdiction over the particular Hazardous Substance identified, then City shall also obtain the appropriate comfort lettedstatus letter pursuant to the EPA's Policy on the Issuance of Comfort/Status Letters, Nov. 8, 1996. The no- action letter and/or comfort/status letter ("collectively termed "Comfort Letters") shall be subject only to such restrictions, impairments, and conditions that do not substantially impair the use of the Property and which are approved by Developer, which approval shall not be unreasonably withheld. Any requirement, restriction or condition that the Property be moved more than one hundred (!00) thirty (130) feet from the location identified in this Agreement and the Lease shall be defined as a substantial impairment. After Closing, no requirement, restriction or condition shall require the Property to be moved. If the environmental assessments indicate any Hazardous Substances on the Property or on any proposed location of the Phase II Improvements, Developer shall have the option to move the location of the Property up to one hundred thirty (130} feet north of the current location of the Property as reflected on Exhibit B attached hereto. In the event that the Property is moved, the City shall add to the parking area under the Parking Use Agreement that part of the current Property location that will no Ionqer be used as the Property location. The City will also expand the parking area under the Parking Use Agreement to includelhe additional land directly to the west of the Property as a result of the move of the Property location to the north. The parking area south and west of the Property at all times shall provide parkin~t for a minimum 290 vehicles for the Minimum Improvements and an additional minimum 110 vehicles for the Phase I1 Improvements (total minimum parking of 400 vehicles for both Phase I and Phase II). In the event that the Property location is moved, the City and Developer will prepare a revised Exhibit B reflecting the new Property location. Any Comfort Letter shall be based on the anticipated use of the Property as outlined in this Agreement, including all anticipated expansions. (c) Remediation. If the City or a governmental agency having jurisdiction over Environmental Laws determines that the concentrations of Hazardous Substances on the Property require removal and/or remediation prior to the issuance of a required Comfort Letter as defined above, then City shall retain an environmental consultant to prepare a plan ("Environmental Remediation Plan") for the removal and/or remediation of the identified Hazardous Substances as required by applicable environmental agency or agencies. The Environmental Remediation Plan shall provide for the removal and/or remediation of the identified Hazardous Substances to a level sufficient to obtain the aforementioned "Comfort Lette¢'. The Environmental Remediation Plan shall include an estimate of the total costs of conducting the removal and/or remediation required by the applicable government agency or agencies to obtain the required Comfort Letters. The estimate of costs shall be based on the cost of local contractors, provided local contractors are qualified and available to perform such work. The estimate of costs shall not include internal staff costs to the City. Following the completion of the Environmental Remediation Plan, the City shall cause the removal and/or remediation of Hazardous Substances as required by the applicable governmental agency or agencies to be acoomplished prior to obtaining the required Comfort Letters and prior to Closing unless otherwise agreed to by the Developer. All of the costs of obtaining the Phase I, Phase II, Supplemental Phase II, Environmental Remediation Plan and any remediation and/or monitoring as required by Comfort Letter shall be borne by the City. City shall not be responsible for costs generated by Developer if Developer retains a consultant to assist it in reviewing the aforementioned reports. The requirement to obtain a the required Comfort Letters shall be a material precondition to closing. (d) $200,000 Cap on Additional Costs for Developer. Neither the Comfort Letters required by 2.3(b) of this Agreement, nor any Environmental Remediation Plan provided by 2.3(c) of this Agreement shall result in a substantial impairment of the planned and intended use of the Property by Developer. A substantial impairment shall include, but not be limited to, additional costs for the construction of the Minimum Improvements which in total exceed the sum of $200,000. The determination of the additional costs shall be based upon those changes or other modifications which would not need to be made were it not for the environmental condition of the Property as disclosed in the environmental assessments (Phase I, Phase II and Supplemental Phase II) and, if applicable, the Environmental Remediation Plan. In the event that the Remediation Plan results in a substantial impairment, which includes additional costs that exceed $200,000, then Developer at its option may declare that the City has defaulted in its duty to obtain the required Comfort Letters acceptable to Developer. In the event that the City pays all additional costs that exceed $200,000, the Developer shall be prohibited from declaring the City in default under this subsection 2.3(d). Notwithstanding the foregoing, the City shall have no obligation or responsibility to pay any additional costs as a result of any substantial impairment of the Property. (e) $1,000,000 Cap on Remediation Costs for City. If after submitting a Remediation Plan to the applicable governmental agencies as may be required under 2.3(c) of this Agreement, it is reasonably determined by the City Council of the City, based upon a recommendation by the environmental consultant, that the costs of the removal and/or remediation necessary to obtain the required Comfort Letters will exceed the sum of one million dollars ($1,000,000), then City shall have the option to terminate this Agreement within fifteen days after receiving the Environmental Remediation Plan or Nevember~& December 19, 2000, whichever date occurs first. (0 Release of Reports and Data. The City shall promptly provide Developer with a copy of all environmental consulting or engineering reports, separate laboratory analysis reports, and other material information and data received by City, in the possession of the City, or generated by the environmental consultant, regarding the environmental condition of the Property, or which are otherwise received or generated as part of the Phase I, Phase II and Supplemental Phase II environmental assessments or removal and/or remediation action, except for attorney-client privileged documents. (g) Reciprocal Covenants. ~ Developer covenants and agrees that City shall have no responsibility for or liability arising from any release of a Hazardous Substance, which is caused by Developer or its agents or invitees. Notwithstanding any other provision of this Agreement, City agrees that Developer shall not have any responsibility for any u .... '~ .... e,,he{- ....... hi,~h ~,~,-~, .... migrates ..... ,~ D .... "*" ~ ...."" '~'~ .... + .....~' ~" any "~ ..... ~ ~ Pre-Existing Condition (as defined below) nor sha~l Ci~ seek indemnifi~tion from Developer for any such Pre-ExJsfing Condition. There is a rebu~able presumption that any Hazardous Substances found on the Prope~ a~er the Closing Date were not deposited by the Developer and are a Pre-Existing Conditon. A pre- existing condition ("Pre-Existin~ Condition=) sh~ll be defined as (i) any Hazardous Substances ~und on the Prope~, prior to or after the Closin~ D~te, w~ioh were not deposited by Developer or i~ agents or invitees on the Prope~, and (ii) any Hazardous Substances which ~ C~/9r which ..... ~.- -...;~+~ ...... +"-~ .-.-~*~ ~f th~s ~.~r99m~t leach or minute, on to the Prope~ after the Closing Date from any adjoining prope~ies, including prope~ies owned by the Ci~. (ii) Notwithstanding any other provision of this Agreement, the City, in its capacity as both owner under this Agreement and as landlord of the Property under the Lease contemplated by this Agreement, shall retain any legal responsibility or liability, subiect to available defenses~ the City may have under law for any Pre-Existinq Condition. This retained responsibility and duty includes the duty to assess, remove and remediate Pre-Existing Conditions on or affecting the Property as ordered by a state or federal agency, subiect to the availability of a comfort letter. This provision shall not inure to the benefit of third parties and shall not be interpreted to enlarge any liabilities owed by the City or to require the City to absorb any duties, responsibilities or liabilities that it does not already have for the Pre-Existing Conditions. ~ The Developer agrees to provide reasonable notice to the City of any claims by a~joining or affected property owners, third parties, or parties making claims through a citizen action or private riqht of action under applicable law, environmental statutes or regulations which arise out of or are related to Pre-Existing Conditions on the Property. Upon receipt of such notice, to the fullest extent allowed by law, the City agrees to defend, hold harmless and indemnify Developer for costs and expenses associated with responding to any claims b3L a~joining property owners, third parties, or parties making claims throuqh a citizen action or private right of action under applicable environmental statutes or regulations which arise out of or are directly related to Pre-Existing Conditions on the Proped;y~ ~ To the fullest extent allowed by law, the City agrees to indemnify Developer for reasonable costs and expenses associated with responding to any legally enforceable order regarding Pre-Existing Conditions from any governmental agency or court with proper iurisdiction to the extent that the City, after Developer has given reasonable notice of the governmental order to the City, does not timely and reasonably respond to said inquiry or order and if the Developer allows full access to the Property as necessary, as provided herein. The City's right of appeal and negotiation are not waived by the foreqoing and the filing of an appeal or negotiation with the governmental agency are considered timely and reasonable response. However, the City agrees to indemnify Developer for any penalties and fines Developer incurs as a result of any such appeal or negotiation. LY) The City shall provide reasonable notice to Developer prior to requesting access for the purposes set forth above. Developer agrees to allow the City to have access to and use of the Preperty to times and locations which will minimize any disruption and which will not materially or unreasonably interfere with the operation or possession of the Property as required to respond to any governmental inquiry or order as described above. Except as set out below~ the terms of this provision shall not be construed to require that the Developer is under any obligation to the City to move, damage, or modify personal property, fixtures, or buildings on the Property or to allow the City to affect or modify the Lease described in this Agreement, whether '7 by lien, easement, or governmental order, except to the extent that use limitations and environmental protection easements may be placed on the Property which do not chanqe interfere with the actual or proposed use of the Property by Developer. The Developer agrees that it will not install drinking water wells or otherwise obtain potable water for the purpose of consumption or bodily contact from the groundwater underneath the Property and agrees t_o execute any necessary waivers or easements to that effect. If the City is required by a state or federal agency to take such action which materially or unreasonably interferes with the operation or possession of the Property, or otherwise damages the property of Developer, then the City shall be required to pay the reasonable costs associated with such activity, including, without limitation, loss of income, economic damages, property damage, and other costs and expenses~ whether temporary or permanent in nature, incurred by Developer by reason of the interference. (h) Utilities. The City shall provide all necessary utilities to the Property in order to develop, construct and operate the Minimum Improvements. apply: (i) Definitions. For the purposes of this Development Agreement, the following definitions shall (i) "Environmental Law" means any and all federal, state and/or local laws, regulations and legal requirements pertaining to (i) the protection of health, safety and the indoor and outdoor environment, (ii) the conservation, management or use of natural resources and wildlife, (iii) the protection, access to or use of surface water and groundwater, (iv) the management, manufacture, possession, presence, use, generation, transportation, treatment) storage, disposal, Release, threatened Release, abatement, removal, remediation or handling of, or exposure to, any Hazardous Substance or (v) pollution (including, without limitation, any Release to air, land, surface water and groundwater), and includes, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendment and Reauthorization Act of 1986, 42 USC 9601 et seq; the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984, 42 USC 6901 et seq.; the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 USC 1251 et seq.; the Clean Air Act of 1966, as amended, 41 USC 7401 et seq.; the Toxic Substances Control Act of 1976, 15 USC 2601 et seq.; the Hazardous Substances Transportation Act, 49 USC App. 1801 ~ seq.; the Occupational Safety and Health Act of 1970, as amended, 29 USC 651 et seq.; the Oil Pollution Act of 1990, 33 USC 2701 et seq.; the Emergency Planning and Community Right-to-Know Act of 1986, 42 USC 11001 et seq.; the National Environmental Policy Act of 1969, 42 USC 4321 et seq.; the Safe Drinking Water Act of 1974, as amended, 42 USC 300(0 et seq.; Chapter 455B of the Iowa Code; any similar, implementing or successor law to any of the foregoing and any amendment, rule, regulation, order or directive issued thereunder. (ii) "Hazardous Substance" or "Hazardous Substances" means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local government, the State of Iowa or the United States Government. tt includes, without limitation, any material or substance that is (i) defined as a "hazardous substance" or "hazardous waste" under Chapter 455B, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos containing materials in any form or condition, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § t321), (v) defined as a "hazardous waste pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C § 9601 et seq., or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. § 6991 et seq.] The term "Hazardous Substance" shall not include any air emissions discharged into the atmosphere as allowed by a duly issued permit from the applicable governmental agency. (iii) "Release" means any spilling, migrating, seeping, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of any Hazardous Substance into the indoor or outdoor environment, including, without limitation, the abandonment or discarding of barrels, drums, containers, tanks and other receptacles containing or previously containing any Hazardous Substance and including without limitation the migration of any Hazardous Substance onto the Property from an adjacent property. 2.4 Representations of City. In order to induce Developer to enter into this Agreement, City hereby represents and warrants to Developer: (1) At the C!es!n~ D-~te, City h~s !2'."?.u! possession City is the owner of the Property. (2) At the Closing Date, unless waived by Developer, City has been awarded Vision Iowa funding in an amount sufficient to construct a minimum 100,000 square foot conference and education center facility and parking facility. (3) City has duly obtained all necessary authorizations, approvals and consents for its execution, delivery and performance of this Agreement, and that it has full power and authority to execute, deliver and perform its obligations under this Agreement. (4) This Agreement is a valid and legally binding instrument of the City enforceable in accordance with its material terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (5) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it or its property is bound, or constitute a default under any of the foregoing. (6) Other than as disclosed on Schedule 2.4(6) attached hereto, there are no actions, suits or proceedings pending or threatened against or affecting the City in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of a adverse decision which could materially adversely affect the validity of the Agreement or the City's ability to perform its obligations under this Agreement. (7) The City will cooperate with the Developer to resolve any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. 2.5. ~resentations and Warranties of Developer. The Developer makes the following representations and warranties; The Developer is a limited liability company duly organized and validly existing under the laws of the State of Iowa, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (2) This Agreement has been duly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a vapid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (3) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or the operating agreement of the Developer or any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, or constitute a default under any of the foregoing. t0 (4) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of a adverse decision which could materially adversely affect the business, financial position or result of operations of the Developer or which affects the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. (5) The Developer will cause the Minimum Improvements to be constructed in accordance with the material terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances necessary to construct the Minimum Improvements contemplated in the Construction Plans. (6) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all material requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (7) At the Closing Date, the Developer shall have firm commitments for commercially reasonable construction and permanent financing for the Project in an amount sufficient, together with equity commitments, to successfully complete the Minimum Improvements in accordance with the construction Plans contemplated in this Agreement. (8) The Developer will cooperate with the City to resolve any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. 2.6 Conditions to Closing. The closing of the transaction contemplated by this Agreement and all the obligations of Developer and City under this Agreement are subject to fulfillment, on or before the Closing Date, of the following conditions: (1) The representations and warranties made by City in Section 2.3 and Section 2.4 and by Developer in Section 2.5 shall be correct and satisfied as of the Closing Date with the same force and effect as if such representations were made at such time. (2) Developer, in its sole and absolute discretion, having completed and approved of any inspections done by Developer hereunder. (3) City shall have acquired lawful possession of all of the Property. 1! (4) City shall have approved all appropriate zoning, subdivision, or platting of the Property necessary for the lease and immediate development and construction of the Property. Any extraordinary conditions imposed, as a part of the zoning, platting or subdivision must be satisfactory to Developer, in its sole opinion. (5) Developer shall be in material compliance with all the terms and provisions of this Agreement. (6) Developer shall have furnished City with evidence, in a form satisfactory to City (such as a letter of commitment from a bank or other lending institution), that Developer has firm financial and/or equity commitments sufficient in amount to lease Property and complete construction of Minimum Improvements (as defined herein) in conformance with Construction Plans (as defined herein), or City shall have received such other evidence of Developer's financial ability as in the reasonable judgment of City is required. Developer shall provide evidence of a commitment of equity funds for the Phase I hotel complex described in Section 3.1A in an amount not less than 30% equity of total project costs. (7) D. Receipt of an opinion of counsel to Developer in the form attached hereto as Exhibit (8) All obligations under of the City under Section 2.3 and Section 2.4 have been satisfied. (9) Developer and the City shall have entered into a ¢) Minimum Assessment Agreement, in the form attached hereto as Exhibit E, L~(ii) a Lease, in the form attached hereto as Exhibit C, (iii) a Parkin.q Use Agreement, in the form attached hereto as Exhibit G, and (iv) a_ Management Agreement, in substantially the form attached hereto as Exhibit F, for the conference and education center. 2.7 Closing_. The closing shall take place on or before F~ March 15, 2001 (the "Closing Date"), or such other date as the parties may agree in writing; provided, however, in the event that the additional groundwater and soil sampling of the Property conducted after the demolition of the Property, as provided for in Section 2.3(a), indicate Hazardous Substances on the Property in excess of any applicable action level (as defined in Section 2.3(b)), the Closing Date shall be on or before April 1, 2001. Exclusive possession of Property shall be delivered on the Closing Date, in compliance with the terms of this Agreement, including City's representations and warranties regarding the same. Consummation of the Closing shall be deemed an agreement of the parties to Agreement that the conditions of closing shall have been satisfied or waived. If the conditions set forth in Section 2.6 are not satisfied at Closing Date, this Agreement shall terminate unless a new Closing Date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy in the event a condition set forth in Section 2.6 is not satisfied. 2.8 C~osinq Costs. The Developer shall pay the following costs and expenses in connection with the closing: (a) The documentary fee necessary to record the Memorandum of Lease. (b) Developer's attorney's fees. (c) Developer's broker and/or real estate commissions and fees, if any. (d) A pro-rata portion of all taxes as provided in Section 2.9. The City shall pay the costs and expenses in connection with the closing as set forth in Section 4.1(5). 2.9 Real Estate Taxes. City shall pay all real estate taxes for all fiscal years which end prior to Closing Date. Real estate taxes for the fiscal year in which Closing Date occurs shall be prorated between City and Developer to Closing Date on the basis of a 365 day calendar year. Developer shal~ pay all real estate taxes due in subsequent fiscal years pursuant to the Lease. Any proration of real estate taxes on Property shall be based upon such taxes for the year currently payable. SECTION 3, REDEVELOPMENT ACTIVITIES 3.1 _Required Minimum Improvements. Developer hereby agrees to construct on the Property the following, hereinafter "Minimum Improvements": A. A hotel ~ project costing not less than $20,000,000.00 $21,500,000.00 consisting of at least: (1) , ' : 190 quest rooms, which include: (a) c.".e (1) percent sh2!! be(a) Four (4) quest rooms which are part of two (2) three-room suites consisting of twe-bedmem~, a sitting area and upgraded amenities, (b) ¢:~ Sixteen (16) quest rooms which are part of ei.qht (8) two- room suites consisting of ~ a sitting area and upgraded amenities, and (c) ten Ten (10) percent of the .quest rooms shall be specialty (parlor) suites with unique or upgraded amenities; (3) a 24,000 square foot indoor water park;~)(4) a restaurant; {5)f4) a lounge; and (6) 5(~ a gift shop. B. A 45,000-50,000 square foot office and commercial building at a probable cost of $5.5 million and associated proprietary parking which shall be constructed not later than twelve (12) months after the completion of the conference and education center and which shall be the location of the home or regional office of The Durrant Group. The construction of the office and commercial building by The Durrant Group is subject to the following conditions: (a) The Developer shall have constructed the hotel complex referred to in Section 3.1A.. (b) The City shall have constructed the conference and education center of 100,000 square feet or more. (c) The City shall have constructed sufficient parking for the proposed development. (d) The Durant Group shall have obtained commercially reasonable financing for the development and construction of the home/regional office. (e) The City Council determines that the office and commercial building is consistent with the Master Plan. Developer shall lease from the City two (2) acres upon substantially the same terms as the Lease for sublease to the Durrant Group for the home or regional office and proprietary parking as determined by the Durrant Group unless the Durrant Group agrees to lease two (2) acres directly from the City upon substantially the same terms as the Lease. C. Furthermore, plans shall be submitted by Developer indicating the location of future expansions of the Minimum Improvements on the Property to provide 4,,50 160 additional guest rooms, and an 18,000 square foot addition to the water park a~d =dd!ticn=! propriet=."; p~rk!.".g(the "Phase II Improvements"). 8ufficie.'t.t !and to 2ccommcdate The City and the Developer agree that the Phase II Improvements shall be '" constructed on the parking area to be provided to the Developer for parking use pursuant to that certain Parking Use Agreement. Prior to commencement of 14 the construction of the Phase II Improvements, the City and the Developer shall enter into a lease agreement pursuant to which the City shall lease to Platinum that part of the parking area necessary for the construction ofthe Phase II Improvements. Prior to completion ofthe construction ofthe Phase 11 Improvements, the City shall provide, at no cost to Developer, additional proprietary parking (minimum 110 spaces) for the Phase II Improvements and replacement parking for the parking area used for the location of the Phase II Improvements. Parking shall be provided pursuant to a parking use agreement. Developer shatl be responsible for the routine day to day custodial maintenance of the parking area, including snow removal, landscaping trimming, sweeping and trash collection. The City shall be responsible for all replacement, repair and other maintenance associated with such parking, including, _without limitation, the repair, placement and maintenance of surface potholes, surface reconstruction and restoration, landscaping replacements, parking space striping and re-caulking ofthe parking area. The development of the Phase 11 Improvements shall not be required unless the following conditions are satisfied: (a) Developer obtaining commercially reasonable financing for the development and construction of the Phase II Improvements. (b) The occupancy average with respect to the hotel portion of the Minimum Improvements during any consecutive twenty-four (24) month period of operations of the hotel shall be at least 85%. Commencing the twenty-fifth (25th) month following the date Developer receives the certificate of completion from the City for the Minimum Improvements as provided in Section 3.4 below (the "Certificate of Completion Date~), and every month thereafter, Developer shall make the occupancy figures for the immediately preceding twenty-four (24) month period available to the City to review. The foregoing obligation to make available the occupancy figures shall terminate effective the forty-third month (43rd) following the Certificate of Completion Date. (c) The City shall have constructed the conference and education center and parking facilities within reasonable proximity to the Minimum Improvements. (d) Environmental assessments of the location of the Phase II Improvements, conducted immediately prior to the construction of the Phase II Improvements, or any other identification or discovery by the Developer or any third party, shall not indicate any Hazardous Substances on the proposed location of the Phase Ii Improvements that are in excess of any applicable action level, as defined at 567 Iowa Administrative Code § 133.2, 567 Iowa Administrative Code Chapter 135, or applicable statewide standard developed under Iowa Code Chapter 455H, if the Property is statutorily eligible, whichever is less stringent_. However, City shall have the right to meet this condition by obtaining a Comfort Letter as defined at paragraph. 2.3 of this Agreement subiect only to such restrictions, impairments, ]5 and conditions that do not substantially impair the proposed or actual use of the Property, including Phase II. Any Comfort Letter shall be based on the anticipated use of Phase II and the Property as outlined in this Agreement. The provisions herein shall not abridge but shall be in addition to the reciprocal covenants set forth in this Agreement. If the above conditions are satisfied, Developer shall be obligated to develop and construct the Phase I1 Improvements. If the above conditions are satisfied, the Developer shall have five (5) years from the Certificate of Completion Date to complete construction of the Phase II Improvements. The obligation of Developer to construct the Phase II Improvements shall terminate if the above conditions have not been satisfied within forty-two (42) months of the Certificate of Completion Date. the event thet Deve!oper does Ret construct Phase ,,,~,,;o~ sba!! be reduced b:,' an area equa! ts the ~o D. The Minimum Improvements shall be of quality architectural design and shall be compatible with neighboring buildings and adjoining conference and education center facilities. The design of Minimum Improvements shall be compatible with the pedestrian orientation of adjoining streets. The Minimum Improvements shall provide for reasonable public accessibility to the Riverwalk and Harborwalk improvements and the conference and education center facility, including a public access easement through a designated common area of the Property. Consultants recommended by a work group to the City Manager and agreed upon by the City Council and Developer and retained by the City shall develop architectural standards and prepare site planning for the entire urban renewal area encompassing the Property. The work group shall make a recommendation to the City Manager on the selection of an architect to design the conference and education center. Final determination of architectural standards and site planning and the selection of the conference and education center architect shall be made by the City Council. Determination of whether the standards are met in the area shall be made by the work group. E. On the Closing Date, Developer and the City shall enter into a minimum assessment agreement as provided in Iowa Code Section 403.6 (the "Minimum Assessment Agreemenf') in the form attached hereto as Exhibit E. The Minimum Assessment Agreement shall establish a minimum assessment of the Property equal in amount to the amount determined necessary by the City in its sole judgment to permit the collection of incremental tax revenues sufficient in amount to cause the indebtedness and all other costs incurred by the City with respect to the Property to be repaid within four (4) years following the commencement of full operation of the Minimum Improvements. The City shall use Iowa Code Section 403.6(18) with respect to the collection and payment of taxes under the Minimum Assessment Agreement. 16 F. Public gains and benefits generated by the Developer's undertaking the obligations under this Agreement are in the best interest of the City and the residents thereof, and warrant the provision of the economic assistance set forth in this paragraph. In consideration of the Developer's obligation to develop the Minimum Improvements and promptly constructinq the Minimum Improvements in accordance with this Agreement and creating the employment resulting therefrom, the City shall cause to be provided to the Developer an annual economic development grant as identified in this paragraph during each year of the four-year term ofthe Minimum Assessment Aqreement. Each annual grant shall be equal to the difference between (i) the amount of the property taxes levied upon the value of the Property and the Minimum Improvements for that year and (ii) One Hundred Twenty Five Thousand Dollars ($125,000.00). Each economic development grant shall be paid in two equal semi-annual installments and shall be paid immediately upon the City's receipt of incremental taxes in respect of the Property and Minimum Improvements for the applicable year, and shall be payable solely and only from said incremental taxes and not from any other source or other City Funds. G. On the Closing Date, the City and the Developer shall enter into that certain Parking Use Agreement (the "Parking Use Agreement") in the form attached hereto as Exhibit 6. The Parkinq Use Agreement shall provide at no cost to the Developer, during the term of the Lease, the use of the parking area designated on Exhibit B. There shall be a minimum 290 parking spaces for the Minimum Improvements and an additional minimum 110 parking spaces for the Phase II Improvements (total minimum 400 parking spaces). The Developer shall be responsible for the routine day to day custodial maintenance of the parking area, including without limitation, sweeping, landscape trimming, snow removal and trash collection. The City shall, at no cost to Developer, be responsible for all replacement, repair and other maintenance associated with such parking area, including, without limitation, the repair, placement and maintenance of surface potholes, surface reconstruction and restoration, landscaping_ replacements, parking space striping and re-caulking of the parking area. The Parking Use Agreement shall also, during the term of the Lease, grant to the Developer a right of first refusal to lease and/or acquire the Phase II parking area and other Development Property as designated on Exhibit B in the event that the City receives a third party offer to purchase or lease such parking area or Development _Property or in the event that the City determines to condemn or develop said property. The right of first refusal with respect to the other Development Property shall only be effective for the first 15 years of the term of the Lease. The Parking Use Agreement shall be transferable with the Lease and shall remain in effect for the length of the Lease and any extension or renewal of the Lease. 3.2 Plans for Construction of Minimum Improvements. Plans and specifications with respect to the redevelopment of Property and the construction of Minimum Improvements thereon (the "Construction Plans") shall be in substantial conformity with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and regulations. Developer shall submit to City, for approval by City plans, drawings, specifications, and related documents with respect to the Minimum Improvements to be constructed by Developer on the Property. All work with respect to the Minimum Improvements shall be in substantial ]'7 conformity with the Construction Plans approved by City and shall be coordinated with City improvements in the general vicinity of Property, including, but not limited to, the Riverwalk, the conference and education center and street and utility improvements. 3.3 Timing of Improvements. Developer hereby agrees that construction of the Minimum Improvements on Property shall be commenced within six (6) months after the Closing Date, and shall be substantially completed within eighteen (18) months after the Closing Date. The time frames for the performance of these obligations shall be suspended during the period of any delays caused by acts of God and matters not within the control of Developer including, but not limited to, extreme weather conditions and/or other natural causes, casualty, labor problems (including, but not limited to, strikes, walk-outs, picketings, boycotts and shutdowns), governmental restriction upon the availability or use of labor or materials, or, insurrection, embargoes, or delays in providing necessary consents or approvals. The time for performance of such obligations shall be extended only for the period of such delay. 3.4 Certificate of Completion. Promptly upon substantial completion of the Minimum improvements in accordance with those provisions of this Agreement relating solely to the obligations of Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), City shall furnish Developer with an appropriate instrument so certifying. Such certification shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement and in the Lease with respect to the obligations of Developer to construct the Minimum Improvements. SECTION 4. CITY PARTICIPATION 4.1 Improvements by City. For and in consideration of Developer's obligations hereunder to construct Minimum Improvements, City agrees to: (1) Apply for Vision Iowa Funds to construct a minimum 100,000 square foot conference and education center facility and parking facility in the Project Area. (2) At the time of Closing, enter into a ten (10) year management contract, in substantially the form of Exhibit F attached hereto, with Developer, or a related affiliate controlled by James P. Rix, to manage said conference and education center facility. (3) ~ By the Certificate of Completion Date, have constructed ¢ and provided access to sufficient additional ,.._.iv parking spaces within reasonable proximity to the Minimum Improvements. (4) tg ...... ,. ....,. ............................,. .......... ~ c ..... lc,.-.. At the time of Closinq, enter into that certain Parkinq Use Agreement, in substantially the form of Exhibit G attached hereto, with Developer to provide parking for the Minimum Improvements in the area designated on Exhibit B. (4) Construct Riverwalk improvements as provided in the City's FY 2001-2005 Capital Improvement Program as approved by the City Council in March 2000. (5) Pay the following costs and expenses in connection with the closing: (a) The transfer fee imposed on the conveyance, if any. (b) A pro-rata portion of all taxes as provided in Section 2.9. (c) All special assessments whether levied, pending or assessed. (d) City's attorney's fees. (e) City's broker and/or real estate commissions and fees, if any. (f) Such other costs as are imposed upon the City as more particularly set forth in this Agreement. (6) Pay all costs associated with construction of any streets, sidewalks, landscaping and lighting on property not leased by Developer, such streets, landscaping and lighting shall be consistent with the character and requirements recommended to the City Manager by the work group agreed upon by the City and the Developer. 4.2 Exclusivity. City agrees that Jt shall not enter into any other agreement that includes the construction of a hotel on publicly owned land in the Ice Harbor Urban Renewal District with any other party for a period of fifteen (15) years after completion of Developer's project (the ~Exclusivity Period'). On completion of the Phase II Improvements, the Exclusivity Period shall be extended for the appropriate period of time in order that the Exclusivity Period shall be for a period of fifteen (15) years commencing on the date the Developer receives the certificate of completion from the City related to the completion of the Phase II Improvements. SECTION 5. COVENANTS OF DEVELOPER 5.1 Insurance Coverages. Developer shall maintain insurance es set forth in the Lease. 5.2 Non-Discrimination. In carrying out the project, Developer shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age or disability. 5.3 Conflict of Interest. Developer agrees that no member, officer or employee of City, or its designees or agents, nor any consultant or member of the goveming body of City, and no other public official of City who exercises or has exercised any functions or responsibilities with respect to the project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the project, or in any activity, or benefit therefrom, which is part of this project at any time during or after such person's tenure. 5.4 Non-transferabilitT. Prior to the issuance of the Certificate of Completion, this Agreement may not be assigned by Developer nor may the Lease be transferred without the prior written consent of the City. After the issuance of the Certificate of Completion, the Developer shall have the right to transfer and assign this Agreement and the Lease to a third party, subject to the consent of the City, which consent shall not be unreasonably withheld, provided said third party transferee agrees to comply with the terms and conditions of this Agreement. Notwithstanding the foregoing, Developer shall have the right to assign a designated portion of the Lease to The Durant Group with respect to the home or regional office. 5.5 .Restrictions on Use. Developer agrees for itself, and its successors and assigns, and every successor in interest to Property or any part thereof, and the Lease shall contain covenants on the part of Developer for itself, and such successors and assigns, that Developer and such successors and assigns, shall: (1) Devote Property to, and only to and in accordance with, the uses specified in this Agreement and the Urban Renewal Plan; (2) Operate the Minimum Improvements only as a hotel, water park and related necessary activities and purposes unless the City consents to an alternative use in City's sole discretion; and (3) Not discriminate upon the basis of race, religion, color, sex, national origin, age or disability in the sale, lease, rental, use or occupancy of Property or any improvements erected or to be erected thereon, or any part thereof. 5.6 Maintenance of Properties. The Developer will maintain, preserve and keep the Minimum Improvements in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. 20 5.7 Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entdes will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer wilt provide reasonable protection against loss or damage to such books of record and account. 5.8 Compliance with Laws. The Developer will comply with all laws, ruJes and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with or which the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. 5.9 Non-Discrimination. The Developer shall substantially comply with all federal, State of Iowa and local laws prohibiting discrimination. The Developer shall not discriminate against any person or group of persons on account of age, race, religion, creed, color, sex, national odgin, ancestry, or disability. 5.10 Available Information. Upon request, the Developer shall make available to the City to review copies of its financial statements for the preceding fiscal year, prepared in accordance with generally accepted accounting principles and accompanied by a report of an independent public accountant selected by the Developer to the effect that such financial statements have been prepared in conformity with generally accepted accounting principles and present faidy, in all material respects, the financial condition of the Developer and that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards. Any financial statements that are requested and reviewed by the City shall be treated by the City as confidential trade secrets of Developer under Iowa Code Chapter 22, to the extent permitted by law. SECTION 6. INDEMNIFICATION (1) Developer releases City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Section 6, the "Indemnified Parties") from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in Minimum Improvements. (2) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation by Developer of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against City to enforce its rights under this Agreement) or (ii) the construction, installation, ownership and operation of Minimum Improvements or (iii) environmental contamination which affects the condition of the Property and which is caused by the Developer and occurs after the Developer takes possession of the Property. (3) Except for any misrepresentation or any willful or wanton misconduct or any unlawful act of Developer, the City agrees to protect and defend Developer, now or forever, and further agrees to hold Developer harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation by the City of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the City against Developer to enforce its rights under this Agreement). (4) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Developer or its officers, agents, servants or employees or any other person who may be about Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (5) All covenants, stipulations, promises, agreements and obligations of City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City, and not of any goveming body member, officer, agent, servant or employee of City in the individual capacity thereof. (6) The provisions of this Section 6 shall survive the termination of this Agreement. SECTION 7. EVENTS OF DEFAULT AND REMEDIES 7.'I Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (1) Any event of default by Developer or the City under the Lease. (2) Failure by Developer to cause the construction of Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement. 22 (3) Failure by Developer to cause Minimum Improvements to be reconstructed when required pursuant to the Lease. (4) Transfer of any interest by Developer of Minimum Improvements in violation of the provisions of this Agreement. (5) Failure by Developer to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the Lease. (6) Failure by the City to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the Lease. (7) Commencement of foreclosure proceedings by the holder of any mortgage on Developer's interest in the Property, or any improvements thereon, or any portion thereof, as a result of any default under the applicable mortgage documents. (8) Developer shall: (a) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Ac~ of 1978, as amended, or under any similar federal or state law; or (b) make an assignment for the benefit of its creditors; or (c) admit in writing its inability to pay its debts generally as they become due; or (d) be adjudicated a bankrupt or insolvent: or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof, or a receiver, trustee or liquidator of Developer or of Minimum improvements, or par[ thereof, shall be appointed in any proceedings brought against Developer, and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment. 7.2 Notice of Default. The non-defaulting party shall issue a written notice of default providing therein a thirty (30) day period in which the defaulting party shall have an opportunity to cure such default, 23 provided that cure is possible and feasible. 7.3 Remedies Upon DefauIt. If the default remains unremedied after such thirty (30) day period, the non-defaulting party shall have the right to do one or more of the following: (1) exercise any remedy provided by law or available to a party under the Lease; (2) suspend the non-defaulting party's performance under this Agreement; (3) terminate this Agreement and the Lease; (4) withhold certification of completion with respect to the Minimum Improvements; (5) require payment by the defaulting party of any costs incurred by the non-defaulting party in connection with the default; and (6) take such action as may be necessary to remove Developer from Property. 7.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. SECTION 8. GENERAL TERMS AND PROVISIONS 8.1 Notices and Demands. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified, properly stamped, sealed and deposited in the United States Mail, and (1) in the case of Developer, is addressed to Platinum Holdings, LLC, 801 Jackson Street, Dubuque, Iowa 52001. (2) in the case of City, is addressed to the City Manager, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. Any notice delivered hereunder shall be deemed delivered upon the earlier of the actual receipt or two (2) business days after posting. 8.2 Compliance with Laws and Requlations. Developer and the City shall comply with all applicable City, State and federal laws, rules, ordinances, regulations and orders. 8.3 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Developer and their respective successors and assigns. 8.4 Entire Agreement. This Aqreement, along with the Lease and Minimum Assessment Agreement, constitutes the entire agreement between the City and the Developer regarding the development of the _Property and supercedes all previous agreements between the parties, including, without limitation, that certain Development Agreement dated June 19, 2000, by and between the City and Platinum Hospitality Group, LLC, which Development Agreement was subsequently assigned to Developer. IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and behalf by its Mayor and attested by its City Clerk, and Developer has caused this Agreement to be duly executed in its name and behalf by James P. Rix, its Chief Executive Officer on or as of the day first above written. CITY OF DUBUQUE, IOWA DEVELOPER By: By: Terrance M. Duggan, Mayor James P. Rix, Chief Executive Officer By: By: Jeanne F. Schneider, City Clerk Donald Iverson, Member August !7, 2000 F ............. ., ................................. = .... ~. ..... r-- January 11, 2001 25 LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") made as of the day of _ 200~ Marc~ 2001, by and between the CITY OF DUBUQUE, IOWA, a municipal corporation (Lessor), and PLATINUM HOLDiNGS, LLC, an Iowa limited liability company (Lessee). WHEREAS, Lessor and Lessee have entered into a certain deve!epment a~'eement Amended Development Agreement dated as of · 2000 January ,2001 (the "Development Agreement"); and WHEREAS, the Development Agreement contemplates that the parties enter into a lease for certain real estate in Dubuque County, Iowa; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows: ARTICLE 1 DEMISE AND TERM 1.1 Demise and Term. In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property described in Exhibit A attached to and made a part of this Lease, together with any and all easements and appurtenances thereto and subject to any easements and restrictions of record (the "Demised Premises"), to have and to hold for an initial term commencing as of the date of this Lease and ending on the __ day of __ ~ 2 March, 2051 (the "Initial Term"), subject to all of the terms, covenants, conditions and agreements contained herein. On completion of the Phase II Improvements (as def'med in Section 3.1 of the Development Agreement), the term shall be extended for the appropriate period of time in order that the Lease term shall be fifty (50) years from the time the Lessee receives the Certificate of Completion related to the completion of the Phase I1 Improvements. 1.2 Minimum Improvements. Lessee shall construct the Minimum Improvements las defined in Section 3.1 of the Development Agreement) in the time and manner required by the Development Agreement. king P2 7~h. t ..... p~kk~.g kmprevements. Use Agreement. In connection with this Lease, the Lessor and Lessee shall enter into a Parking Use Agreement, in substantially the form of Exhibit G (the "Parking Use Agreement"), pursuant to which the Lessor shall provide parking to Lessee at no cost. be Parking Use Agreement shall be transferable with this Lease and shall remain in effect for the length of the Initial Term and any extension or renewal of this Lease. ARTICLE 2 RENT Lessee shall pay Lessor (in addition to taxes, assessments, and other charges required to be paid under this Lease by Lessee) rent for the Demised Premises as follows: 2.1 Base Rent. Until Lessee has received a Certificate of Completion for the Minimum Improvements (as set forth in Section 3.4 of the Development Agreement), Lessee shall pay Base Rent in the amount of $1.00 per year. For the fa'st ten years of this Lease following receipt of such Certificate of Completion, Lessee shall pay Lessor rent as follows: Year Amount $22,860.00 FourthroughFive $30,480.0~0 SLx fl~oughSeven $45,720.00 Eight through Nine $53,340.00 Ten $66,040.00 All such Base Rent shall be payable in twelve (12) equal monthly installments on the first day of each month. Notwithstanding the foregoing, in the event that Developer completes the Phase II Improvements in accordance with Section 3.1 of the Development Agreement, the Base Rent in effect at such time of completion shall become the Base Rent for an extended period of three (3) years following such completion, and thereal~er, the above schedule shall resume unabated and in full and shall be extended by such additional three (3) year period· For ren~! Rental payable after the time such schedule has completed,_ ............. e ..........e p. vt_ ~_ ............. ~ ....... , ...., ....... ~ .......... of shall be computed as follows. (ii) (iii) (v) ~The annual rental in effect at the completion of the above rental schedule shall be adjusted by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items published by the Bureau of Labor Statistics of the U.S. Department of Labor in effect on the commencement date of the rental period immediately following the completion of the above rental schedule over the base Consumer Price Index in effect on the date one (1) ,/-ear prior thereto. The annual rental computed under this subparagraph (i) shall be the am~ual Base Rent for the Demised Premises for the one (1) year period immediately following the completion of the above rental schedule. The annual Base ~,,, r~n~ ,,~,,h ,~;^a e~n~,,,~ ..... ~, ~;~,,, ran'~ shall be paid in twelve (12) equal monthly installments. (ii) The annual rental for the one (1) year period following the rental period in subparae:raph (i) above, and for each one (1) year period thereafter~ shall be adiusted by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items published by the Bureau of Labor Statistics of the U.S. Department of Labor in effect on the commencement date of the new one (I) year period over the base Consumer Price Index in effect on the commencement date of the immediately preceding one (1) year period. The annual rentals computed under this subparagraph (ii) shall be the annual Base Rent for the Demised Premises for the one (1) year period immediately following the completion of the prior one (1) year period. The annual Base Rent shall be paid in twelve (12) equal monthly installments. (iii) If during the Initial Term of this Lease, or any extension or renewal thereof, the Bureau of Labor Statistics, U.S. Department of Labor, ceases to maintain said Consumer Price Index, such other index or standard as will most nearly accomplish the intent and purpose of the Consumer Price Index and the use thereof by the parties hereto shall be used in determining the amount of an,/such adjustment. ARTICLE 3 TITLE TO IMPROVEMENTS AND TRADE FIXTURES 3.1 Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean all of Lessee's personal property located on the Demised Premises used in Lessee's business. Title to Lessee's Irade fixtures (the "Trade Fixtures") is and shall be the sole and exclusive property of Lessee during the term of this Lease and shall remain the sole and exclusive property of Lessee alter the expiration or termination of this Lease, for whatever 3 reason. Lessor acknowledges and understands that it shall have no right, title or interest in or to Lessee's Trade Fixtures either during the term of this Lease, or thereafter (except as hereinafter provided). Lessor acknowledges and agrees that Lessee shall have the right to encumber, sell, or hypothecate Lessee's Trade Fixtures, to remove them from the Demised Premises, or to otherwise deal with all or any portion of such Lessee's Trade Fixtures, at Lessee's sole discretion. Upon ten (10) days' prior written notice to Lessor, Lessor shall execute and deliver to Lessee a certificate in recordable form prepared by Lessee stating that Lessor has no interest or right in or to Lessee's Trade Fixtures, as well as any other or further document which Lessee may reasonably request from Lessor. 3.2 Improvements. On delivery of possession of the Demised Premises to Lessee, Lessee shall construct on the Demised Premises the Minimum Improvements as required by the Development Agreement any ...... v ......... ~, ........ ~the Improvements ). It shall be unreasonable for Lessor to withhold such consent if such design, appearance and quality are generally compatible with other such buildings in the area. Subject to applicable law and the obligations imposed on Lessor as a governmental entity, Lessor agrees to process as expeditiously as possible all permits, variances and approvals reasonably required to develop and construct the Improvements on the Demised Premises. All improvements presently on the Demised Premises and all Improvements hereafter constructed on the Demised Premises are and shall be the property of Lessee during the continuance of the term of this Lease and no longer. Subject to the payment obligations of Lessor set forth below, upon any termination of this Lease, by reason of any cause whatsoever, if the Improvements or any part thereof shall then be on the Demised Premises, all of Lessee's right, title, and interest therein shall cease and terminate, and title to the Improvements shall vest in Lessor, and the Improvements or the part thereof then within the Demised Premises shall be surrendered by Lessee to Lessor. No further deed or other insmnnent shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a quitclaim deed confirming that alt of Lessee's right, title and interest in or to the Improvements ha~ have expired, and that title to the Improvements has vested in Lessor. ARTICLE 4 ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST 4. t Lessee's Right to Encumber Leasehold Interest. Lessee may encumber by mortgage, deed of trust or other proper instrument, its leasehold interest and estate in the Demised Premises, together with all Improvements on the Demised Premises, as security for any indebtedness of Lessee, provided that no such encumbrance shall extend beyond the term of this Lease. Lessee shall provide prompt written notice to Lessor of any such encumbrance together with a copy of such encumbrance. In the event of any judicial or nonjudicial foreclosure under any mortgage, deed of trust or other similar instrument made by Lessee covering its leasehold interest in the Demised Premises, Lessor shall, upon such foreclosure or sale, recognize the purchaser thereunder as lessee under this Lease, provided such purchaser expressly agrees in writing to be bound by the terms of this Lease. 4.2 Notice to Holder of Encumbrance: Right of Holder to Cure Lessee's Default. If Lessee shall encumber its leasehold interest and estate in the Demised Premises and if Lessee, or the holder of the indebtedness, its successors and/or assigns (the "Holder") secured by the encumbrance shall give notice to Lessor of the existence of the encumbrance and the address of the Holder, then Lessor shall mail or deliver to the Holder, at such address, a duplicate copy of all notices in writing which Lessor may, from time to time, give or serve on Lessee under and pursuant to the terms and provisions of this Lease. 'the copies shall be mailed or delivered to the Holder at, or near as possible to, the same time the notices are given to or served on Lessee. '12~e Holder ma~v, at its option, at any time before the rights of Lessee shall be terminated as provided in this Lease, pay any of the rents due under this Lease or pay any taxes and assessments, or do any other act or thing required of Lessee by the terms of this Lease, or do any act or thing that may be necessary and proper to be done in the observance of the covenants and conditions of this Lease or to prevent the termination of this Lease; provided, however, that the doing of any act or thing requiting possession of the Demised Premises shall be subject to the further rights of Holder as set forth in Section 16.2. All payments so made and all things so done and performed by the Holder shall be effective to prevent a foreclosure of the rights of Lessee thereunder as the same would have been if done and performed by Lessee. ARTICLE 5 TAXES Until Lessee has received a Certificate of Completion for the Minimum Improvements (as set forth in Section 3.4 of the Development Agreement), the Lessor shall be responsible for all real estate taxes levied, taxed or imposed upon the Real Estate. AiSer the completion of the Minimum Improvements, Lessee agrees to pay as additional rent an mount equal to real estate taxes upon the real estate of the Demised Premises that become payable during the term hereof and which would become delinquent if not so paid during the term hereof. Lessee shall further provide to Lessor official receipts of the appropriate taxing authority or other evidence satisfactory to Lessor evidencing payment thereof. During the term of this Lease, Lessee further agrees to pay all other taxes, rates, charges, levies and assessments, general and special, of every name, nature and kind, whether now known to the law or hereafter created which may be taxed, charged, assessed, levied or imposed upon said real estate and which become payable during the term hereof and which would become delinquent if not so paid during the term hereof, any buildings or improvements thereon which may be taxed, charged, assessed, levied or imposed upon the leasehold estate hereby created and upon the reversionary estate in said real estate during the term hereof and which become payable during the term hereof and which would become delinquent if not so paid during the term hereof, and ail such other taxes, rates, charges, levies and assessments shall be paid by Lessee as they become due and before they become delinquent during the term hereof. Lessee agrees to timely pay all taxes, assessments or other public charges levied or assessed by lawful authority (but reasonably preserving Lessee's rights of appeal) against its personal property on the premises, during the term of this Lease. Nothing herein shall require Lessee to pay any of Lessor's income taxes, surtaxes, excess profit taxes or any taxes on the rents reserved to Lessor hereunder. Lessee shall at all times have the right to contest in good faith, in any proper proceedings, in the name of Lessor if necessary, the payment or satisfaction of any such taxes, assessments, rates, charges or levies so agreed to be paid by Lessee, if the validity thereof, or the right to assess or levy the same against or collect the same from said Demised Premises or Improvements, shall be disputed, but only to the extent permitted tmder the Minimmn Assessment Agreement between Lessor and Lessee with respect to the Demised Premises. Upon the conclusion of any such suit or proceedings, or not less than three (3) months prior to the date when the right to redeem therefrom expires, whichever will be the earlier, Lessee shall promptly pay and satisfy such disputed tax, assessment or other charge as finally determined, together with all expenses, costs and attorneys' fees whatsoever incurred in connection therewith. ARTICLE 6 REPAIRS Lessee shall at all times during the term of this Lease, at Lessee's own costs and expense, keep the Demised Premises and the Improvements thereon, and all sidewalks, curbs, and all appurtenances to the Demised Premises, in good order, condition and repair, casualties and ordinary wear and tear excepted. Lessee shall keep and maintain the Demised Premises and all Improvements in a condition consistent with other sImilarly classed operations. Lessee shall keep the Demised Premises in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair shall be interior or exterior, and whether or not such repair shall be of a structural natam. Upon reasonable notice to Lessee, Lessor may, at its discretion and at its cost, conduct an annual inspection of the Demised Premises to determine Lessee's compliance with this Article 6. ARTICLE 7 COMPLIANCE WITH LAW 7.1 During the term of this Lease, Lessee shall comply with all local, state and federal laws applicable to Lessee's use of the Demised Premises, including but not limited to the Americans with Disabilities Act. 7.2 Lessee shall not commit waste on the Demised Premises except as necessary for its business purposes including the removal or construction of any buildings and Improvements on the Demised Premises, and shall be liable for any damages to or destruction of any buildings or Improvements on the Demised Premises resulting from waste and shall be required to repair or rebuild such buildings or hnprovements. Lessee may remove existing Improvements or construct new Improvements on the Demised Premises subject to all of the terms and conditions of this Lease provided Lessee has received the prior approval of Lessor, which approval Lessor shall not unreasonably witl~old. ARTICLE 8 ALTERATIONS Lessee shall have the rigyat, with Lessor's prior written consent which consent shall not be unreasonably withheld for any such alteration, addition, or modification that exceeds *-hat exceed Filly Thousand and 00/100 Dollars ($50,000.00) in cost, at Lessee's expense, from time to time during the term of this Lease to make any alteration, addition or modification to the Demised Premises or the Improvements thereon. ARTICLE 9 USE OF DEMISED PREMISES Lessee shall operate the Improvements for the purposes outlined in the Development Agreement and shall not knowingly use or allow the Demised Premises or any buildings or improvements thereon or any appurtenances thereto, to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. Lessee shall not suffer any act to be done or any condition to exist within the Demised Premises or in any Improvement thereon, or permit any article to be brought therein, which is dangerous, unless safeguarded as required by law, or which, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. During the exclusivity period referred to in Section 4.2 of the Development Agreement, Lessee agrees that at least seventy-five pement (75%), or not less than one hundred ~, (! 50) forty two (142) rooms, of the hotel shall be reserved for group room reservations provided such group room reservations are made with the Developer at least one (1) year in advance. In the event the Phase II Improvements are constructed, Lessee agrees that at least sixty- five percent (65%), or not less than two hundred (200) rooms, of the hotel shall be reserved for group room reservations provided such group room reservations are made with Lessee at least one (1) year in advance. For purposes of this Agreement, a suite shall be deemed to be one (I) room. A~er the exclusivity period referred to in Section 4.2 of the Development Agreement, this paragraph shall only apply if Lessee, or an entity affiliated with Lessee, is managing the conference and education center owned by Lessor in the Ice Harbor District. ARTICLE 10 INSURANCE 10.1 Lessee shall provide and maintain or cause to be maintained at all times during the process of constructing Improvements (and, from time to time at the request of City, finnish City with proof of payment of premiums on): A. Builder's risk insurance, written on the Special Perils Form in an amount equal to one hundred percent (100%) of the replacement value of Improvements as the same shall exist from time to time during the construction process; B. Commercial general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $2,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and C. Worker's compensation insurance, with statutory coverage. 10.2 Upon completion of construction of Improvements, Lessee shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of the payment of premiums on) insurance as follows: A. Property insurance against loss mhd/or damage to Improvements under an insurance policy written on the Special Perils Form in an amount not less than the full insurable replacement value of Improvements, but any such policy may have a deductible amount of not more than $50,000.00. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writ'mg by City. The term "replacement value" shall mean the actual replacement cost of Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of City, but not more frequently than once every three years, and paid for by Lessee. B. Commercial general liability insurance, including personal injury liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $2,000,000.00. 10.3 All inanrance required by this Article shall be taken out and maintained in responsible insurance companies selected by Lessee which are authorized under the laws of the State of Iowa to asanme the risks covered thereby. Lessee shall deposit annually with City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Section, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to Lessee and City at least thirty (30) days before the cancellation or modification becomes effective. Lessee shall furnish City evidence satisfactory to City that the policy has been renewed or replaced by another policy conforming to the provisions of this Section, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, Lessee may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event Lessee shall deposit with City a certificate or certificates of the respective insurers as to the amount of coverage in force upon Improvements, provided, however, the specific limit shall not be impaired. t0.4 Lessee agrees to notify City immediately in the case of damage exceeding $500,000.00 in amount to, or destmcrion of, Improvements or any portion thereof resulfmg from fire or other casualty. Net proceeds of any such insurance ("Net Proceeds"), shall be paid directly to Lessee, and Lessee shall forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Lessee shall apply the Net Proceeds of any insurance relating to such damage received by Developer to the payment or reimbursement of the costs thereof, subject, however, to the terms of any mortgage encumbering title to the Property. 10.5 Lessee shall complete the repair, reconstruction and restoration of Improvements, whether or not the Net Proceeds of insurance received by Lessee for such purposes are sufficient. ARTICLE 11 LESSOR'S WARRANTIES AND REPRESENTATIONS 11.1 Lessor's Representation of Good Title. Lessor covenants and warrants that Lessor is lawfully seized in possession of the Demised Premises, shall take all necessary steps to acquire fee simple title to the Premises as required by law, and that it has full right and authority to enter into this Lease for the full term hereof, and covenants and agrees that upon paying the rent provided for herein, and upon Lessee's performing the covenants and agreements of this Lease required to be performed by said Lessee, that it will have, hold and enjoy quiet possession of the Demised Premises. Lessor warrants to Lessee that the Demised Premises are properly zoned for the conduct of the operation of Lessee's business. ARTICLE 12 LESSEE'S WARRANTIES AND REPRESENTATION 12.1 Lessee Compliance With Law. A. Lessee shall comply with all applicable local, state and federal laws, tales, regulations and permits with regard to the Demised Premises and its use, occupancy and control of the Demised Premises. B. Without limiting the obligations of Lessor under Section 3.2, Lessee shall be responsible for obtaining any and all applicable permits, licenses or authorizations as may be necessary for Lessee's use, occupancy and control of the Demised Premises. 12.2 Environmental Matters. A. Lessee covenants and agrees that Lessor shall have no responsibility for or liability arising from any release of a Hazardous Substance which is' caused by ..... ~,o ~,~ T ..... ~ .......................... ........ ~ v-~w~-~ ........ ~ ...... / Lessee or its agents or ~vitees. No~i~st~d~g ~y o~er provision of this Leme, Lessor a~ees that Lessee shall not have ~y respansibili~ for ~y · ,,h;>h la~h ..... ;~* ....... ~e-Exist~g Condition (~ defined below) nor shall Lessor seek ~demification ~om Lessee for ~y such ~e-Exist~g Condition. ~ere is a rebu~ble presmpfion ~at ~y H~dous Subsmces fo~d on ~e Demised ~emises were not deposited by Lessee ~d ~e a ~e-Exist~g Condition. A pre-exist~g condition ("~e-Exis~g Condition") sh~l be defined ~ (i) ~y H~dous Subst~ces fo~d on ~e Demised ~emises which were not deposited by Lessee or its agents or ~vitees on ~e Demised ~emises, (ii) ~y Haz~dous Subsmces un ~e Demised Premises prior to ~e hiti~ Tern of ~is Lease, ~d (iii) ~y H~dous Subs~ces which leach or mi~ate on to ~e Demised Premises from ~y ~a~ .... ~ ..... ~ ......... q,,ho* ........ high ~ ....... A ~, I .......... hloh ..... ~*o ,h~ date cf [his Lease ~o~g prope~es, includ~g ~pe~ies owned by ~e Lessor. B__. Notwithstanding any other provision of this Lease, the Lessor, in its capacity as both owner of the Demised Premises as landlord under this Lease, shall retain any legal responsibility or liability, sul~iect to available defenses, the Lessor may have under law for any Pre-Existing Condition. This retained responsibility and duty includes the duty to assess, remove and remediate Pre-Existing Conditions on or affecting the Demised Premises as ordered by a state or federal agency, sul~iect to the availability of a comfort letter. This provision shall not inure to the benefit of third parties and shall not be interpreted to enlarge any liabilities owed by the Lessor or to require the Lessor to absorb any duties, responsibilities or liabilities that it does not already have for the Pre-Existing Conditions. Lessee agrees to provide reasonable notice to the Lessor of any claims by adjoining or affected property ova~ers, third parties, or parties making claims through a citizen action or private right of action under applicable la__w, environmental statutes or regulations which arise out of or are related to Pre-Existing Conditions on the Demised Premises. Upon receipt of such notice, to the fullest extent allowed by law, the Lessor agrees to defend, hold harmless and indemnify Lessee for costs and expenses associated with responding to any claims by adjoining property owners, third parties, or parties making claims through a citizen action or private right of action under applicable environmental statutes or regulations which arise out of or are directly related to Pre-Existing Conditions on the Demised Premises. D~. To the fullest extent allowed by law, the Lessor agrees to indemnify Lessee for reasonable costs and e~enses associated with responding to any legally enforceable order regarding Pre-Existing Conditions from any governmental agency or court with proper iurisdiction to the extent that the Lessor, after Lessee has given reasonable notice of the ~overnmentat order to the City, does not timely and reasonably respond to said inquiry or order and if the Lessee allows full access to the Premises as necessary, as provided herein. The Lessor's right of a_!2peal and negotiation are not waived by the foregoing and the ftlin,* of an appeal or negotiation with the g~overnmental agency are considered timely and reasonable response. However, the Lessor agrees to indemnify Lessee for any penalties and f'mes Lessee incurs as a result of any such appeal or negotiation. E. Lessor shall provide reasonable notice to Lessee prior to requesting access for the purposes set forth above. Lessee agrees to allow the Lessor to have access to and use of the Demised Premises to times and locations which wil! minimize any disruption and which will not materially or unreasonably interfere with the operation or possession of the Demised Premises as required to respond to any governmental inquiry or order as described above. Except as set out below, the terms of this provision shall not be construed to require that the Lessee is under any obligation to Lessor to move, damage, or modify personal property, fixtures, or buildings on the Demised Premises or to allow Lessor to affect or modify this Lease, whether by lien, easement, or governmental order, except to the extent that use limitations and environmental protection easements may be placed on the Demised Premises which do not change or interfere with the actual or proposed use of the Demised Premises by Lessee. The Lessee agrees that it will not install drinking water wells or otherwise obtain potable water for the purpose of consumption or bodily contact fi.om the groundwater underneath the Demised Premises and agrees to execute any necessary waivers or easements to that effect. If the Lessor is required by a state or federal agency to take such action which materially or unreasonably interferes with the operation or possession of the Demised Premises, or otherwise damages the pLqperty of Lessee, then the Lessor shall be required to pay the reasonable costs associated with such activity~ including, without limitation, loss of income, economic damages, property damage, and other costs and expens~ whether temporary or permanent in nature, incurred by Lessee by reason of the interference. B. Lessee covenants and agrees to promptly notify Lessor of any release of Hazardous Substance in, on or about the Demised Premises of which Lessee has actual knowledge. C. Lessee covenants and agrees to promptly take any and all necessary and appropriate response to address any release of Hazardous Substance for which Lessee is responsible under Section 12.2A. Such response shall include, without limitation, notification to appropriate governmental authorities, as may be required by law. D. Lessee covenants and agrees to not manufacture, treat or dispose of Hazardous Substances at the Demised Premises or knowingly allow the manufacture, trea~nent, or disposal of Hazardous Substances same on the Demised Premises. For the purposes of this Lease, "Hazardous Substance" or "Hazardous Substances" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local govemmeut, the State of Iowa or the United States Government. It includes, without limitation, any material or substance that is (i) de£med as a "hazardous substance" or "hazardous waste" under Chapter 455B, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos containing materials in any form or condition, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) de£med as a "hazardous waste pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C § 9601 et seq., or (vii) def*med as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. § 6991 et seq.] The term "Hazardous Substance" shall not include any air emissions discharged into the atmosphere as allowed by a duly issued permit fi.om the applicable governmental agency. ARTICLE 13 INDEMNIFICATION 13.1 Indemnification of Lessee. A. To the extent allowed by law, Lessor wilt indenmify and save harmless Lessee from and against alt liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessee by reason of(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Demised Premises and resulting from any act or omission of Lessor, (b) any failure on the part of Lessor to perform or comply with any of the terms of this Lease and (c) any breach on the part of Lessor of any warranty or representation contained in Article 11. In case any action, suit or proceeding is brunght against Lessee by reason of such occurrence, Lessor will, at Lessor expense and discretion, either defend such action, suit or proceeding, or cause the same to be defended by counsel approved by Lessee, which approval will not be unreasonably withheld. B. Lessee shall have the right to perform envkonmental site assessments of the Demised Premises to assess the envkonmental condkion of the Demised Premises for the purpose of constructing a hotel. Any results or reports created by such site assessment shall be the property of Lessee and may be used by Lessee and Lessor for any purpose provided that Lessor shall not disclose any such report or the information contained therein to any thkd party unless requked to do so by law or legal process. 13.2 Indenmification of Lessor. Lessee will indemnify and save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor by reason of(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Demised Premises during the term of this Lease and resulting from any negligence of Lessee or anyone cl~dming by, through or under Lessee during the term of the Lease and (b) any failure un the part of Lessee to perform or comply in any material respect with any of the material terms of this Lease, and (c) any material breach on the part of Lessee of any warranty or representation contained in Article 12. In case any action, suit or proceeding is brought against Lessor by reason of such occurrence, Lessee will, at Lessee's expense and discretion, either defend such action, suit or proceeding, or cause the same to be defended by counsel approved by Lessor, which approval will not be unreasonably withheld. 13.3 Survival. The obligations and liabilities under this Article shall survive and continue in full force and effect and shall not be terminated, discharged or released, in whole or in part, irrespective of the termination or expiration of the term of this Lease. ARTICLE 14 CONDEMNATION 14.1 Entire Condemnation. If at any time during the term of this Lease all or substantially all of the Demised Premises or the Improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, then this Lease shall terminate on the date of vesting of title in such taking and any prepaid rent shall be apportioned as of said date. Substantially all of the Demised Premises and the Improvements thereon shall be deemed to have been taken if the remaining portion of the Demised Premises shall not be of sufficient size to permit Lessee, in Lessee's sole discretion, to operate its business thereon in a manner similar to that prior to such taking. 14.2 Allocation of Award. Any award for such taking of all or substantially all of the Demised Premises shall be paid to the parties hereto in accordance with the following: A. To Lessor, the amount of the award attributable to the Demised Premises, determined as if this Lease was not in effect at the time of such award, excluding therefrom the amount of the award atlributable to the Improvements, and all other sums not directly attributable to the value of the Land constituting the Demised Premises; B. To Lessee, the enftre award except that portion allocated to Lessor above. 14.3 Partial Condemnation. If less than all or substantially all of the Demised Premises or the Improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, then Lessee, at its option, may elect to continue this Lease in full force and effect or terminate this Lease. If Lessee shall elect to maintain this Lease in full force and effect, the award for such partial condemnation shall be allocated as provided in Section 14.2, and Lessee shall proceed with reasonable diligence to carry out any necessary repair and restoration so that the remaining improvements and appurtenances shall constitute a complete structural unit or units which can be operated on an economically feasible basis under the provisions of this Lease. In the event Lessee elects to continue this Lease in full force and effect at~er a partial condemnation, the Base Rent shall be reduced in proportion to the area of the Demised Premises taken. Should Lessee elect to terminate this Lease upon a partial condemnation, Lessee shall provide Lessor with written notice of such election within thirty (30) days after the date of vesting of title for such taking. Lessee shall specify in such written notice the date on which this Lease shall terminate, which date shall be not less than 60 days nor more than 360 days after delivery of such notice to Lessor (the "Termination Date"). In the event Lessee terminates this Lease, as provided for in this Section 13.3, Lessee shall be entitled to the entire award for such partial taking. 14.4 Temporary Taking. If the temporary use of the whole or any part of the Demised Premises or the Improvements thereon or the appurtenances thereto shall be taken at any time during the term of this Lease in the exemise of the power of eminent domain by any sovereign, municipality, or other authority, the term of this Lease shall not be reduced or affected in any way, and Lessee shall continue to pay in full the rent, additional rent and other sum or sams of money and charges herein reserved and provided to be paid by Lessee, and the entire award for such temporary taking shall be paid to Lessee. Lessee shall repair and restore any and all damage to the Demised Premises and the Improvements as soon as reasonably practicable after such temporary taking. 14.5 Effect of Taking. If any taking renders the construction of the hotel °.~-d enteXainment :enter and/or water park impossible, any financial penalties set forth in Section 1.3 due after such taking shall not be applicable. ARTICLE 15 ASSIGNMENT AND SUBLETTING ~r"";"~..-.~, ,ho_.~ ~n°"~ ..... ..... v ............ * °~'~-d Prior to the issuance of the Certificate of Completion (as defined in Section 3.4 of the Development Agreement) for the Minimttm Improvements, this Lease may not be assigned by De:'e!eper Lessee without the prior written consent of the G~'. ^~ *~'~ ~;-~*~- ^~*"~ r,~,,~ ..... ~ ~.;~a ~,~ Deve!cper Lessor. After the issuance of the Certificate of Completion? the Lessee shall have the right to transfer and assign this Lease to a third party, subject to the consent of ............. ; Lessor which consent shill not be mtreasonably withheld, provided said third party agrees to comply with the terms and conditions of this Lease. ARTICLE 16 DEFAULT 16.1 Lessor's Rights in the Event of Lessee's Default. If Lessee shall fail or neglect to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, and the default shall continue for a per/od of thhty (30) days after written notice from Lessor setting forth the nature of Lessee's default (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the fnne within which Lessee has to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days), then and in any such event, Lessor shall have the right at its option, on written notice to Lessee, to terminate this LeaseL*sscr Lease. Lessor shall thereafter have the right to enter and take possession of the Demised Premises with process of law and to remove all personal property from the Demised Premises and all persons occupying the Demised Premises and to use all necessary force therefor and in ail respects to take the actual, full and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. 16.2 ~ghts of Holder of Encumbrance in Event Lessee Defaults. If Lessee fails or neglects to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, the Holder of any indebtedness secured by an encumbrance on the leasehold estate under this Lease shall have thirty (30) days after receipt of written notice from Lessor setting forth the nature of Lessee's default and a reasonable time thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature thereof within such thirty (30) days and is diligently prosecuting such proceedings, but in no event longer than ninety (90) days, within which to endeavor to make good or remove the default or cause for termination of the Lease. All right of Lessor to terminate this Lease on the failure or neglect of Lessee to observe, keep and perform the covenants, terms and conditions of this Lease is, and shall continue to be, at all times pr/or to payment in full of thc indebtedness to the Holder of Lessee, subject to and conditioned on Lessor's having first given the Holder written notice thereof and the Holder having failed to cause the default or cause for termination to be made good or removed within thirty (30) days afier receiving written notice of default or cause for termination or within a reasonable time thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature of foreclosure within such thirty (30) days and is diligently prosecuting such proceedings, but in no event longer than ninety (90) days. In the event that the Lease is terminated due to the Lessee's bankruptcy, insolvency or other proceedings, and in the event the Holder has complied with the terms of this Section 16.2, then Lessor at Holder's option, shall enter into a new lease with Holder or the successful bidder at foreclosure on the same terms as this Lease, for the term then remaining, and specifically preserving all unexercised options. 16.3 Lessee's Ri?,~hts in the Event of Lessee's Default. If Lessor shall fail or neglect to observe, keep or perform any of the covenants, terms or conditions contained in this Lease on its part to be observed, kept or performed, and the default shall continue for a period of thirty (30) days after written notice from Lessee setting forth the nature of Lessor's default (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Lessor has to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days), then and in any such event, Lessee shall have all fights available to it provided by law or equity. ARTICLE 17 RIGHT TO CURE OTHER'S DEFAULTS Whenever and as often as a party shall fail or neglect to comply with and perform any term, covenant, condition or agreement to be complied with or performed by such party hereunder, then, following thirty (30) days' prior written notice to such defaulting party (or such additional time to cure as may be accorded Lessee pursuant to Section 16.1 above, but in no event longer than ninety (90) days), the other party, at such other party's option, in addition to all other remedies available to such other party, may perform or cause to be performed such work, labor, services, acts or tbings, and take such other steps, including entry onto the Demised Premises and the Improvements thereon, as such other party may deem advisable, to comply with and perform any such term, covenant, condition or agreement which is in default, in which event such defaulting party shall reimburse such other party upon demand, and fi.om time to time, for all costs and expenses suffered or incurred by such other party In so complying with or performing such term, covenant, condition or agreement. The commencement of any work or the taking of any other steps or performance of any other act by such other party pursuant to the immediately preceding sentence shall not be deemed to obligate such other party to complete the curing of any term, covenant, condition or agreement which is in default. ARTICLE 1 $ QUIET ENJOYMENT Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through or under Lessor. ARTICLE 19 ESTOPPEL CERTIFICATES Each party hereto agrees that at any time and fi.om time to time during the term of this Lease, within ten (10) days after request by the other party hereto or by any lender having an interest in Lessee's leasehold estate, it will execute, acknowledge and deliver to the other party or to such lender or any prospective purchaser, assignee or any mortgagee designated by such other party, a certificate stating (a) that this Lease is unmodified and in force and effect (or if there have been modifications, that this Lease is in force and effect as modified, and identifying the modification agreements), (b) the date to which rent has been paid, (c) whether or not there is any existing default by Lessee in the payment of any rent or other sum of money hereunder, and whether or not there is any other existing default by either party hereto with respect to which a notice of default has been served, and, if there is any such default, specifying the nature and extent thereof; and (d) whether or not there are any setoffs, defenses or counterclaims against enforcement of the obligations to be performed hereunder existing in favor of the party executing such certificate. ARTICLE 20 WAIVER No waiver by either party hereto of any breach by the other of any term, covenant, condition or agreement herein and no failure by any party to exercise any right or remedy in respect of any breach hereunder, shall constitute a waiver or relinquishment for the future of any such term, covenant, condition or agreement or of any subsequent breach of any such term, covenant, condition or agreement, nor bar any right or remedy of the other party in respect of any such subsequent breach, nor shall the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy- which Lessor may select as herein or by law provided. ARTICLE 21 SURRENDER Lessee shall, on the last day of the term of this Lease or upon any termination of this Lease, surrender and deliver up the Demised Premises, with the Improvements then located thereon into the possession and use of Lessor, without fraud or delay and in good order, condition and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies, flee and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by Lessor, without (except as otherwise provided herein) any payment or allowance whatever by Lessor on account of or for any buildings and Improvements erected or maintained on the Demised Premises at the time of the surrender, or for the contents thereof or appm'tenances thereto. Lessee's Trade Fixtures, personal property and other belongings of Lessee or of any sublessee or other occupant of space in the Demised Premises shall be and remain the property of Lessee, and Lessee shall have a reasonable time afrer the expiration of the term of this Lease (not to exceed thirty (30) days) to remove the same. ARTICLE 22 MEMORANDUM OF LEASE Each of the parties hereto will, promptly upon request of the other, execute a memorandum of this Lease in a form suitable for recording setting forth the names of the parties hereto and the term of this Lease, identifying the Demised Premises, and also including such other clauses therein as either party may desire, except the amounts of Basic Rent payable hereunder. ARTICLE 23 NOTICES 23.I All notices, demands or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and by facsimile addressed as follows: TO LESSOR: City of Dubuque, Iowa City Manager city Rail 17 and Cenlral Avenue Dubuque IA 42001 Fax 319 589-4149 TO LESSEE: Platinum Holdings, LLC 801 Jackson St. Dubuque, IA 52001 23.2 ~Ihe address and/or fax number to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. ARTICLE 24 MISCELLANEOUS 24.1 Time of the Essence. Time is of the essence of this Lease and all of its provisions. 24,2 Governing Law. It is agreed that this Lease shall be governed by, construed and enforced in accordance with the laws of the State of lowa. 24.3 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain, modify, simplify or aid in the interpretation of the provisions of this Lease. 24.4 Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 24.5 Parties Bound. This Lease shall be binding on and shall inure to the benefit of and shall apply to the respective successors and assigns of Lessor and Lessee. All references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to and include successors and assigns of Lessor or Lessee without specific mention of such successors or assigns. 24.6 Force Maieure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of constmctiun materials, unavailability or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities, explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any other cause beyond the exclusive and reasonable control of the party delayed in performing work or doing acts required under the terms of this Lease (collectively "Force Majeure"), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 24.7 Conflict. To the extent there is a conflict of terms between the Development Agreement and this Lease, the terms of the Development Agreement shall control. 24.~8 Entire Agreement. This Agreement, along with the Development Agreement and Minimum Assessment Agreement, constitutes the entire agreement between the Lessor and the Lessee regarding the lease of the Demised Premises and supercedes all previous oral or written agreements between the parties regarding the subiect matter of this Lease. LESSOR: CITY OF DUBUQUE, IOWA Attest: By: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor LESSEE: PLATINUM HOLDINGS, LLC Attest: By: EXHIBIT "A' LEGAL DESCRiPTION OF DEMISED PREMISES Preparer Information Thomas D. Johnson 666 Grand Ave. Ste. 2000 Individual's Name Street Address Des Moines City (515)242-2414 Phone P~G USE AGREEM[ENT SPACE ABOVE Tlql~q LI~NE FOR RECORDER THIS PAP_KING USE AGREEMENT (the "Agreement") is made and entered into effective the __ day of March, 2001, by and between the City of Dubuque, Iowa, a municipal corporation (the "City"), acting pursuant to Chapter 403 of the Code of Iowa, and Platinum Holdings, LLC, an Iowa limited liability company ("Platinum") and its successors and assigns. WHEREAS, the City and Platinum are parties to an Amended Development Agreement dated January ,2001 (the "Development Agreement"), whereby the City acquired and leased to Platinum appro.,dmately 3.5 acres located in the Ice Harbor Urban Renewal District so that Platinum may develop and construct a hotel and water park project (the ?roject"); and WHEREAS, the City has agreed to provide parking for the Project. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties herein, each of them does hereby covenant and agree with the others as follows: 1. Term of Am:eement. The term of this Agreement (the "Term") shall commence on the date thirty (30) days immediately prior to the anticipated date of the issuance of the Certificate of Completion (as defined in Section 3,4 of the Development Agreement), and shall terminate upon the expiration or termination of that certain Lease Agreement dated March , 2001, by and bet~veen the City and Platinum related to the lease of the Project area (the "Lease"), or if the Lease is amended, extended or renewed, the term of this Agreement shall terminate on the expiration or termination of such amended, extended or renewed term of the Lease. This A~eement shall be transferable ,Mth the Lease. 2. Parking and Legal Description. During the Term of this Agreement, the City shall provide a surface lot for vehicular parking in the areas designated Phase I parking and legally described on Exhibit A attached hereto (the "Phase I Parking Area") for the exclusive use by Platinum, and its guests, vendors, suppliers and employees. The Phase I Par'king Area shall include pedestrian access and vehicular access to the Phase I Parking Area. The City and Platinum agree that the Phase I Parking Area shall include a minimum of 290 parking spaces to the west of the Minimum Improvements (as defined in the Development Agreement). In the event that the Developer constructs the Phase II Improvements (as defined in the Development Agreement), the City shall provide a surface lot for vehicular par'king in the areas designated Phase II parking as described on Exhibit A (the "Phase II Parking Area") for the exclusive use by Platinum and its guests, vendors, suppliers and employees. The Phase II Parking Area shall include pedestrian access and vehicular access to the Phase Il Parking Area. The City and Platintml a~ee that the Phase II Parking Area shall include a minimum of an additional I I0 parking spaces for the Phase II Improvements (a minimum of 400 parking spaces for both Phase I and Phase II projects). For purposes of this Agreement, Phase I Parking Area and Phase II Parking Area shall collectively be referred to as the "Par'king Area". - I The City shah not charge any fee to Platinum or its guests, vendors, suppliers and employees for use of the Parking Area. Platinum Thc Ci~' shall, at nc, cost to Plat'in'am,shall be responsible for all routine day to day custodial maintenance and roma'ir of the Parking Area during the Term of this Agreement, including, without limitation, sweeping, trash collection, landscape trimmine, snow removal and clearing of ice ~om the Parking Area. The City shall be responsible, at no cost to Platinum. for the replacement. repair and other maintenance associated with the Par'kine Area. includine, without limitation, the repair. replacement and maintenance of surface potholes, surface reconstruction and restoration, landscape replacements, parkine space stripin~ and re-caulkine of the parkin~ area. Platinum, and its guests, vendors, suppliers and employees, shall at all times have reasonable access to the Parking Area and the City shall keep the Parking Area reasonably clear at all times in order that Platinum, and its guests, vendors, suppliers and employees, may use the Parldng Area. The City shall be responsible for obtaining and maintaining all necessary perm/ts for the construction and operation of the Parldng Area, including all necessary permits to allow the collection, retention and discharge of stormwater. Prior to cousWaction of the Parking Area, the City and Platinum shall meet to discuss and agree on the layout of the Parking Area. The Parking Area and all streets leading to the Parking Area shall be constructed in a manner to allow heavy truck access. 3. pedestrian Inm'ess/E~ess. The City shall provide a reasonably direct and convan/ent means ofpublic pedestrian ingress and egress to the Parking Area. Such pedestrian access shah include a connection to the public sidewalk fronting and connecting the Project. Such pedestrian access shall comply with the handicap accessibility standards applicable at the time the Parking Area is coustmcted. The City shall be responsible, at no cost to Platinum, for the conslxuction of any and all sidewalks, landscaping and lighting for the Parking Area, such sidewalks, landscaping and lighting shall be consistent with the character and requirements of the surrounding area. 4. Vehicular In,ess/Em:ess. The City shall provide a reasonably direct and conveulent means of public vehicular ingress and egress between the public streets adjoining the Parking Area and the Parking Area. The vehicular access shah be sufficient to permit automobiles, sports utility vehicles, vans and buses to be driven from the street to the Parking Area and back to the street without being blocked by parked vehicles or other obstmctious. The City shall be responsible, at no cost to Platinum, for all streets, landscaping and lighting for the Parking Area, such streets, landscaping and lighting shall be consistent with the character of the surrounding area. 5. Traffic Sitnals. The City shah htstall such traffic signalization related to the increased traffic on the public streets adjoining the Parking Area caused by the Minimum Improvements (as defmed in the Development Agreement) as the City shall determine to be necessary and appropriate. 6. Hold Over Vehicles. Any unauthorized vehicles using the Parking Area may be removed by Platinum at any tune by any lawful means. 7. Rental. No additional consideration shall be due the City from Platinum for the use of the Parking Area pursuant to this Agreement. The parties agree that full and adequate consideration for the obligations undertaken by the City pursuant to this Agreement has been provided by the obligations undertaken by Platinum pursuant to the Development Agreement. 8. Relationship Bet~veen Parties. It is mutually understood and agreed that nothing in this Agreement shall be construed as establishing a relationship of lessor/lessee, principal/agent or co-partners between the City and Platinum. 9. Reciprocal Covenants. Platinum covenants and agrees that the City shall have no responsibility for or liability arising from any release of a Hazardous Substance (as defined in the 2 Development Agreement) on or under the Parking Area, which is caused by Platinum, or its guests, vendors, suppliers, or employees. The City agrees that Platinum shall not have any responsibility for any Hazardous Substances existing or found on or under the Parking area (except for Hazardous Substances deposited by Platinum or its a~ents or assimas). There shall be a rebuttable presumption that any [4.?ardous Substances found on or under the Parking area xvere not deposited by Platinum. Except for Hazardous Substances released or deposited by Platinum or its agents or assio~ns on the Parking Area, the City shall retain any~.~....~ ..... ~,~.~,,:~:~~ legal responsibility or liability, subject to available defenses, the City may have under law that e:tists-for any Hazardous Substances existing, located or found on or under the Parking Area. This retained responsibility and duty includes the duty to assess, remove and remediate any Hazardous Substances on or affecting the Parking Area as ordered by a state or federal agency, subject to the availability ora comfort letter. This provision shall not inure to the benefit of third parties and shall not be interpreted to enlarge any liabilities owed by the City or to require the City to absorb any duties, responsibilities or liabilities that it does not already have for any Hazardous Substances existing, located or found on or under the Parking Area. To the fullest extent aliowed by law, the City agrees to indemnify Platinum for reasonable costs and expenses associated with responding to any legally enforceable order regarding Hazardous Substances from any governmental agency or court with proper jurisdiction to the extent that the City, after Platinum has ha~Sng been given reasonable notice of the governmental order to the Ciw., does not timely and reasonably respond to said inquiry or order and ff Platinum allows full access to the Parking Area as necessary, as provided herein. The City's right of appeal and negotiation are not ~vaived by the foregoing and the filing of an appeal or negotiation with the governmental agency are considered timely and ieasonable response. However, the City agrees to indemnify Platinum for any penalties and fmcs Platinum incurs as a result of any such appeal or negotiation. The City shall minimize any disruption and will not materially or unreasonably restrict or interfere with the use of the Parking Area by Platinum or its guests, vendors, suppliers or employees. In the event the City restricts or interferes with the use of any part of the Parking Area, the City shall provide Platinum, and its guests, vendors, suppliers and employees, with access to reasonably comparable parking within a close proximity of the Project for the period of time that the portion of the Parking Area is not available. I0. Pdmht of First Refusal. (a) If the City desires to sell, lease, condemn, develop, assign or otherwise transfer (collectively referred to herein as a "Transfer") all or any part of the Phase II Parking Area and/or any property to be used for Phase II Improvements (as defined in the Development A~eement) as desi.mnated and described as Phase II Improvements on Exhibit A attached hereto (the "Phase II Improvement h~ ....~.~'" ,,r~,...~ · ~.~,~... ...... .~:'az"~ during the Term of this Agreement, Platinum shall have an option and right of first refusal to purchase or lease, az J .... :~.~ ~.~. .............. ; .... arum, the Phase II Parking Area and/or Phase II Improvement Property, as the case may be, ~ ........ v ................... any part thereof to be transferred, as provided in this Section I0. If the City has received a bona fide offer to purchase or lease the Phase II Parking Area and/or the Phase II Improvement Property Dc .... v ....... Area-from a third party which the City desires to accept, the City shall deliver to Platinum a copy of such offer specifying the name and address of the perspective transferee, the portion of the Phase II Par ea and/or Phase II Improvement Propem,,. as the case may be ............... thc :zz~ .~.~ ~, to be transferred, the proposed purchase price or lease payment and all other important terms of the proposed Transfer, and the City shall offer to sell, transfer or lease the Phase II Parking Area and/or Phase II Improvement Property, as the case may be.m~.,,~,-~ ~.,~q~p .............. , be, to Platinum on the terms contained in such bona fide offer. Platinum shall, within sixty (60) days after receipt of a copy of the bona fide offer, by xx~tten notice to the City, elect either to: (a) exercise its rights of first refusal to purchase or lease the Phase II Parking Area and/or Phase II Improvement Property, as the case ma,~ be, m~ ........ ~,,~nt Ar~awas ~:c~..~,~ ~.. proposed to be transferred on 3 the terms recited in the bona fide offer; or Co) waive its right of first refusal to purchase or lease the Par'king Area and/or Phase II Improvement Property and/or Dc;'clc?mcnt ,A~rc, a-proposed to be transferred. If Platinum exercises its right of first refusal, the City shall transfer or lease, as the case may be, .~ ...... :~ ~... m~,; ..... the Phase II Parking Area and/or Phase II Improvement ProperVy' and/o" thc .~ ....... ^ ...... ~ .......... u.. to Platinum within ninety sixty (9_Q060) days of the exercise by Platinum of its right of first refusal. If Platinum xvaives its right of first refusal in the manner set forth above, the City shall have the right, for a period of one(l) ~ear' ............... u..~.~ ....... ~~..v~'~m da3': after the date of Platinum's waiver, to consummate the Transfer upon terms and conditions substantially the same as and no less favorable to the City then those contained in the bona fide offer. Provided, notwithstanding any waiver by Platinum of its right of first refusal, the Transfer of the Phase 1I Parking Area and/or Phase II ~..a~^. r~.,~ ...... ~ ...... ~ .......... ~c, to any third party shall be subject Improvement Property ............ ~. ................... ; to the terms of this Agreement. If a proposed Transfer is not consummated within the aforementioned one (1) year Eu.nd"~ r~'~m .~.. period following waiver by Platinum, the Phase II Parking Area and/or Phase [I Improvement Property, as the case may be, an'~or~ ~r~"~. ~,~t-~,-~ ....... .^~, ..... ap ~h ......... ~ ~; ~'~, shall not thereafter be released from the effect of this Section 10. (b) If the City desires to Transfer all or any part of the development propertw- designated and described as development property on Exhibit A attached hereto (the "Development Propertv") durin~ the fifteen (15) year period commencing the commencement date of the Term of this Aareement. Platinum shall have an option and right of first refusal to purchase or lease the Development Property. or any part thereof to be transferred, as provided in this Secfioti 10. If the City has received, durin~ the fifteen year period described in the precedin_* sentence, a bona fide offer to purchase or lease the Development Property' from a th/rd party ~vhich the Civ,, desires to accept, the City shall deliver to Platinum a notice and otter as specified in Section 10(a) above and Platinum shall have a right of first refusal to purchase or lease, as the case may be. the Development Propertw' pursuant to the terms and procedures set forth in Section 10(a) above. On completion of the Phase II Improvements, the fifteen (15) year ri,,ht of first refusal period Mth respect to the Development Property shall be extended for the appropriate period of time/n order that the right of first refusal period shall be for a period of fifteen (15) years commencing on the date Platinum receives the certificate of completion from the City related to the completion of the Phase II Improvements. During the fifteen (15) year period described above and any extension of such period, the Development Property shall be subiect to the terms of the ri~ht of first refusal as set forth in Section 10(a) above. Provided. not,,vithstandin_o any waiver bv Platinum of its right of first refusal, the Transfer of the Development Property to any third party shall be subject to the terms of this Azreement. 11. Remedies. Except as otherwise provided in fffis Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by any party, or any successors, such party (or successors) shall, upon ~witten notice from the other party, proceed promptly, and, in any event, within thirty (30) days after receipt of such notice, to cure or remedy such default or breach. In case such action is not taken or not diligently pursued, or default or breach shall not be cured or remedied w/thin a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to ctrre and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 12. Notices. A notice, demand or other communication under this Agreement by any party by the other party shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, (a) In the case of the City, is addressed to the City Manager, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. (b) In the case of Platinum, is addressed to James P. Kix, c/o Platinum Holdings, LLC, 801 Jac 'kson Street, Dubuque, Iowa 52001. Or to such other person or address with respect to any party as that party may from time-to-time designate by notice to the other party as provided in this Section. Any notice delivered hereunder shall be deemed delivered upon the earlier of the actual receipt or two (2) business days after posting. 13. Governing Law. It is agreed that th/s Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa. 14. Amendments. Any amendment or modification of this Agreement shall be binding only if evidenced in a writing signed by an authorized representative of each party. 15. Parties Bound. This Agreement (i) shall follow and nm with tile Lease between the City and Platinum, (ii) shall be transferable with the Lease, and (iii) shall remain in effect for the length of the Lease and any extension or renewal of the Lease. This Agreement shall be binding on and shall inure to the benefit of the City and Platinum and their respective successors and assigns. 16. Entire A~'eement. This Agreement, along with the Development Agreement and Lease, constitutes the entire agreement between the City and Platinum regarding the provision and use of the Parking Area and supercedes all previous oral or written agreements between the parties regarding the subject matter of this Agreement. IN WTNESS WHEREOF, the parties have caused this Agreement to be duly executed effective the day first above written. CITY OF DUBUQUE, IOWA PLATINUM HOLDINGS, LLC By: By: Terrance M. Duggan, Mayor James P. Kix, Ct'fief Executive Office By: Jeanne F. Schneider, City Clerk [NOTARY BLOCKS TO BE ADDED] 5 EXHIBIT A Par 'kin~ Area 6 FACILITY MANAGEMENT AGREEMENT THIS FACILITY MANAGEMENT AGREEMENT (the "Agreement") is made and cntered into as of this __ day of JulyMam]h 2000_1_, by and between The City of Dubuque, Iowa (hereinat~er referred to as "City") and Platin H pitelity G p LLC ..... ' ...... ~' ......... "-J 5 ........ Prix (hercinattc fe d "Manager"). WITNESSETH: WHEREAS; the City plans to co stmct a .......... '-~0~t~eranee ~ education ¢antet;fa¢itit~ located in the Ice Harbor Urban Renewal District located in Dubuque, Iowa (the "Facility"); and WHEREAS, the financial and operational success of the Facility is of the highest importance to the City; and WHEREAS, the Manager desires the exclusive right and privilege of managing the Facility; and WHEREAS, The City is unable to provide these services to its attendees and patrons through its own personnel and facilities and the Manager is experienced and skilled at providing these services; NOW THEREFORE, in consideration of the premises and of the terms, covenants and conditions hereinaRer contained, it is agreed as follows: 1. Retention of Manager. The City hereby retains the Manager as an independent contractor for the purpose ?~ p~fform~ th~ m~ent serrates for the Facility described m fins Agreement. ~ ~ ~;~11~ ~ar~ glmo~o that ~s ~ attached or affixed to:file F~ Subject to the tcnxns and conditions set forth herein, the Manager agrees to provide the management services for the Facility in accordance with this Agreement and consistent with reasonable policies approved by the City. The Manager shall use/~s best efforts to maximize revenues in the marketing, operating and management of the Facility. 2. Mananement Rights. The City hereby grants to the Manager the exclusive right and license, subject to the terms and conditions contained herein to: (a) Operate, manage, market, and arrange programming for the Facility. (b) Provide and sell, and/or sublicanse for the provision and sale of, all food, beverages, souvenirs, merchandise and printed materials at the Facility. The foregoing shall include the exclusive right to provide and sell alcoholic beverages. (c) Provide all services required for the management, use and operation of the Facility, including, but not limited to, all of those services and matters specifically identified in this Agreement, and excluding only those matters specifically identified in this Agreement as being the responsibilities of the City. (d) Charge admission to patrons of all events held at the Facility and to charge for use of the Facility. ': 3. CanitaFTmion of Facility. ; ~a~ Sm months poor to-the opanmg of the Facthty (the Cagitaltzat~on Date ), the City shall provide $243,949.~ (the "Capitalization Amount") to, ~ L~'aaagc; to capitalize the Manager's Facility Operating Account (the "Operating Aocouut'). On the one year anniversary dar,: of the Capitalization Date, the Capitalization Amount shall be ..... ~ by ~e CPI-U, up to but not to exceed a filree percent (3 ~) adjustment, and the C~ty shall con~bute such c~alat~d~.atse~ Capitalization Amount to the Operating AocounL (e~In addiUon to the payment of the Cap~tahzaUon ..... ~and ~a~ prowded for tn *d~isS~ho~ 33(a) ~d Section 3(b~ ~e~ti~. on the oac yca~cs~and~ anmversary of the opening date of the Facili~. aug ~il every annual aurdvci-~a3- da:c fa¢~c,~., fiae City shall pay~me to the an amount equal to the actual ~ operating deficit of ac Facil~- fo~ ~c pzi6r l-;;¢kc (12) r~6z,~ pc~i~d (thc "Dcfic-"-'--'-'----~ C6~but~oa")_~ as determined by an accounting firm mutually agreed to bythe Manager and the Ci~'. Hotel { the .revioas i:~mon~ ~rioal} 4. Management Responsibilities. Except es otherwise provided in this Agreement, ail aspects of the management, use and operation of the Facility shall be the respans~ility of the Manager including, without limitation the following responsibilities: (a) Subject to Section 3, the Manager shail be responsible for all operating costs and expenses of the Facility including all costs and expenses incurred in connection with the management, marketing, use, occupancy and operation ofthe Facility. The Manager shall prepare and submit to the City Manager, prior to November 1 of each year, an annual budget for the Facility. The annual budget shall be submitted to the City Manager for informationai purposes and shall not be subject to the upprovai of the City. The Manager shall operate the Facility within the scope of the budget or any amendments thereto which the Manager has previously submitted to the City ~i~aff01'~b¥~ ~ /~f (b) The Manager shall operate and conduct all operations of the Facility with the objective that all persons who patronize the Facility shall be treated in an orderly, safe and courteous araaner. (c) The Manager shall act in accordance with prevailing industry standards to prevent any nuisance or hazardous activity to occur at, on, about or within thc Facility. The Manager shall take all reasonably necessary action consistent with industry standards to ensure that employees, performers, vendors, lessees, subconlmctom or any other pemons utilizing, occupying or patronizing the Facility, shail not engage in any activity that may cause reasonably foreseeable damage to the Facility or persons. (d) The Manager shail be solely responsible for safety, security and maintaining good order within the Facility at ail times. The Manager shail take and shail cause ail subcontractors to take commerciaily reasonable precautions at ail times for the protection of persons and proper~ within the Facility, including, but not limited to, instructing, maintaining and supervising safvly precautions and programs in connection with the managearent, use, occupancy and operation of the Facility. (e) The Manager shail use commerciaily reasonable efforts to ensure that its personnel and all subcontractors observe and obey laws in connection with ail of their work at or about, or otherwise involving the Facility. 5. Marketing Resnonsibilities. The Manager shall direct ail ararketing activities. The Manager shail ~!op a~d implement a promotionai plan for the Facility that S~ be submitted to the cityl for 0. day aaer the ante of ?vi U, :Ma a.d /~f lhc Facility. The plan shall be reviewed and updated by the Manager and submitted to the City Manager once each year. The plan shail be submitted to the City Manager for informational pm'poses and shall not be subject to the approvai of the City. The City alp'ecs to cooperate with the Manager to obtain the support of the Chamber ~ Comm~[~ ~ventien and V~s~tors Bureau m the marketing of the Facthty~;~dlhm'~ co~, m!~lxent~0f ~::¥iSi~m' Blu~ tO provide at le~ast olio ~or mat,ketin~ ~ ~{i~. t/x~omal audxe~ ia~m~ ia c .ooperafion With ~ lo~ hotels and ~ata~tia~. 6. Scheduiim, Resnonsibilities. The Manager shail develop and maintain ail schedules for events held at the Facility and shall be accomplished in a manner to maximize the use of the Facility. The Manager shall use an event rental agreement acceptable in form to the City. The Manager is authorized to negotiate rental agreements for the Facility. 7. Emnlovee Management Resnons~ilities. The Manager shall have the following responsibilities with respect to the management of the staffand employees of the Facility: (a) The Manager shall have sole responsibility for, and the sole right to control and supervise its personnel and subcontractors, including all of the means, methods, details and other aspects of the management, use and operation of the Facility, to lhe extent this Agreement does not provide otherwise. (b) The Manager shall determine staffing needs for the operation and management of the Facility and shall be responsible for providing personnel to fiflfill such positions and shall determine the terms and conditions of their employment/engagemant and shall be responsible for paying ail compensation and benefits. (c) The Manager shall assign an operation manager to oversee the services to be provided under this Agreement. The operation manager shall be capable of and responsible for assuring the integrity of the services provided by Manager as required by this Agreement. The Manager shall promptly notify the City Manager of the selection of the operation manager of the Facility. (d) The Manager shall employ, train and supervise all personnel who will be providing any services by the Manager in connection with the purposes of this Agreement. All such personnel shall have appropriate qualifications and experience and be in sufficient numbers to provide all services for the operations under this Agreement (e) The Manager shall address all employee training needs and conduct regularly scheduled training programs for the personnel who will be furnishing services for the Facility. (f) The Manager shall take reasonable steps and shall direct ail of its employees and subcontractors to at all times present a neat and attractive appearance, to be courteous, efficient and properly lrained, and not to use improper language or act in a loud or boisterous manner. (g) The Manager shall ha responsible for providing all personnel necessary to set up, operate, and clean the Facility. (h) The Manager agrees, represents and warrants that it will not at any time discriminate against any employee or subcontractor, or against any invitee or other person or entity whatsoever, because of race, creed, color, religion, sex, age, national origin, disability, or status as a disabled veteran. The Manager shall post in conspicuous places within the administrative offices al the Facility, which shall be available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause required by this Para,apb. In all solicitations and advertisements for employment placed by or on behalf of the Manager, the Manager shall state that it is an equal opportunity employer. (i) The Manager shall pay to the appropriate authority for all Federal, State, local and other payroll taxes, workers' compensation insurance, employer's portion of State and Federal unemployment compensation taxes, social security taxes, and, at the Manager's discredon, to eligible employees and independent contractors, accident and health insurance, life insurance, and retirement benefits for all employees affiliated with the operation of the Facility. 8. Operational Maintenance Responsibilities. ~xCep~ ~ m'Ovided be!ow ~e Maanger shall have the following responsibilities with respect to the operational maintenance of the Facility: (a) The Manager shall repair, replace, clean, paint and provide normal day-to-day maintenance and repair as necessary to all equipment and leasehold improvements located in the Facility. (b) The Manager shall deposit in receptacles provided by the Manager all waste, garbage and refuse which shall accumulate in the Facility and shall keep the Facility in a good, clean and sanitary condition. Foodservice trash and garbage removal from or generated by the Facility shall be the sole responsibility of the Manager. (c) The Manager shall provide all romine~;day to day custodial and ordinary maintenance services required to maintain the interior ~e~Of the Facility in good, safe, clean and sanitary condition and orde throughout the term fthis Agreement ' ............. ~ .......... ~: ..................... ~-" --- 5 r~ and The Manager shall promptly notify fie City of any need, known to the Manager, for the repair or replacement of any defect, malfunction or other inadequacy in the Facility, including the s~ructure~ ?~, exterior and any capital improvements regardless of who has financial responsibility for the repair or replacement of such. Ordinary maintenance and individual repairs costing less than $1,000 shah be made by the Manager up to an aggregate in any fiscal year of $15,000. The City shall be respons~le for repairs or maintenance in excess of $1,000 individually and $15,000 in the aggregate in any fiscal year. The Manager shall prepare a rolling five year capital improvement budget for the Facility and make a recommendation to the City Manager and the City shah fund and make the capital improvements as approved by the City CoanaH in the capital improvement budget. (e~=) The Manager shall keep in force all maintenance and service coatxacts including but not limited to telephones, fire extinguishers, air conditioners, Simplex clocks, fire alarm system and sprinkler system. The City shall cooperate with the Manager to provide the Manager with the benefit of any maintenance or service comracts the City may be a party to. (~_) The Manager shall maintain a schedule of all needed repairs known to the Manager including capital improvements and/or replacement. Said schedule shall be provided to the City Manager not later than November 1 annually.__ (g~)_ Except as otherwise provided in ~ Agreement, the Manager shall be responsible for all financial affairs, other than debt service, of the Facility, and all services related to the marketing, management, use and operation of the Facility, including without limitation, ~aIes ~ ~es, licenses, costs of all events, professional services involving Facility operations; and all budgeting, accounting and reporting systems required by this Agreement and the genemlion of all required financial reports detailing revenues and The Manager shall not do, or cause to be done, anything which will interfere with the effectiveness or aecassibility of any utility connections or service in, at or about the Facility, including, but not limited to, water, electricity, telephones, waste and sewage disposal, heating, ventilation and air conditioning, fire and security monitoring systems, or any portions of the foregoing without prior written approval of the City, which shall not be unreasonably withheld. The Manager shall not do or cause to be done anything that would unreasonably interfere with flee access and passage in the Facility and the adjacent and adjoining public areas, streets, parking lots and sidewalks. 9. Food Product Management. The Manager shall have the following responsibilities with respect to the food product management of the Facility: (a) The Manager shall manage all appropriate food and beverage requirements necessary to fulfill the purposes of this Agreement. Co) The City shall not be respons~le for any goods, food, beverages, merchandise or equipment stored al the Facility by third parties, nor will it be responsible for damages resulting fi.om a power failure, flood, fire, explosion and/or other causes which result in the damage or destruction of the foregoing Rams, other than for gross negligence or intentional misconduct on the part of the City or its employees, agents or legal representatives. (c) During all events al the Facility where there are concession sales, the Manager shall post signs and provide menus advertising the prices of all items offered for sale. 10. Oneralion Plan. The Manager shall al least annually develop and submit to the City and at all times have in effect an operation plan ("Operation Plan") which provides for the guidelines and usage of the Facility by the Manager, control of the services being provided by the Manager and other such maI~ers as necessary to fiilfill the purposes of this Agreement. The Operation Plan shall cover and include but not be limited to the following matters: A. Maintenance, repair, replacement and usage of the equipment and leasehold improvements. B. Prices of the food, beverages and services being provided at the Facility. B. Menus and items offered for sale. D. Use of equipment and leasehold improvements. E. Rules and regulations relating to the sale and distribution of food and beverages. Sponsorship, advertising and promotion of the Facility and the services being provided pursuant to tiffs Agreement. The method, type and form of the financial records to determine the payments to be made by the Manager under this Agreement. Usage of "logos', on menus, cups, napkins and the like used in conjunction with the providing of food and beverage for an event. I. Sanitation and cleaning guidelines. J. Off-site sales of food and beverages in conjunction with an event K. Scheduling the usage by the Manager of the Facility or any of its facilities. L. Crowd control. A dress code and training program for the Manager and Facility employees providing food, beverages and other services, as well as staffing guidelines for each event N. Operation Standards. O. Entrance procedures for employees working an event. P. Procedures to address revenue sharing and sponsorship opportunities for selected events at the Facility. Q. Procedures for selecting contractors and vendors. 11. Imnrovements. Improvements for the Facility shall be as provided below: (a) The City shall provide at its sole cost and expense a mm key convention facility that shall include all equipment necessary for the operation of the Facility, including without limitation, all tables, chairs, tableware and all other equipment neeessaty for the operation ofthe Facility. The City guarantees that the equipment will be sufficient to provide the services required under this Agreement The equipment and location for the installation of the same shall be mutually agreed upon by the City and the Manager. Replacement of non-capital equipment shall be the responsibility of the Manager. For purposes oft[tis Section 11, non-capital equipment shall mean any non-capital equipment as defined by generally accepted accounting principles. (b) The City shall be responsible for capital improvements to the Facility. Capital improvements shall be expenditures that are of a long-term character and as defined by generally accepted accounting principles. The Manager shall not later than November I annually provide the City Manager with a five year capital improvement plan that shall propose capital improvements of the Facility. (c) The Manager shall not permit any waste, injury, or damage upon or to the Facility, ordinary wear and tear excepted. At the expiration of this Agreement, the Manager shall leave the Facility in at least the same condition that existed at the commencement of this Agreement, ordinary wear and tear excepted. All equipment shall be the property of the City at the termination of this Agreement. (d) The Manager shall not, without the prior written approval of fha City, remove or cause to be removed or permit the removal o~ or from the Facility any property provided by or belonging to the City, except for ordinary and necessary repairs. (e) The Manager shall not install or remove or cause or permit, (unless permitted by the City) the installation or removal of any fixtures, partitions, equipment, furnishing, or other property where to do so will deface, injure or damage the floors, walls, ceilings, or any portion of the Facility or property connected or adjacent thereto. The Facility shall not cause or allow any structural alterations or physical modification in or to the Facility without having obtained prior written approval fi.om the City. Such approval may be conditioned upon the Manager's express, written agreement to return the same to its original condition immediately following the use or purpose for which any such change or alteration has been mede. Any such approval by the City to a particular alteration or change shall not be deeared a consent to any other or additional alteration or change at that time or thereatter unless specifically so stated in the advance written approval executed by the City. 12. Permits. Licenses. Taxes. The Manager shall apply, procure and pay for and maintain all permits and licenses that are required or necessary for the management, use, occupancy or operation of the Facility. The City shall fully cooperate with the Manager with its efforts as they relate to licenses and permits and shall execute any and all agreements, instruments and documents and take such actions to accomplish these purposes. The Manager, ffrequired, shall charge, collect and pay over to the appropriate taxing authority, all applicable taxes due us a result of the performance of the Manager's duties under this Agreement, including but not limited to Iowa Sales and Use taxes on admissions, if any. The Manager shall cause a statement substantially similar to the following to be included in all written agreements entered into afrer execution of this Agreement, with third parties to which the Manager is a party with respect to the Facility: "Vendor agrees that it shall look solely to the Manager for all claims and damages arising out of this Agreement, and that it shall have no recourse against the Ciiy or any of its employees, agents, officers or officials with respect to any claims or damages arising under this Agreement." 13. Term and Termination. The term of this Agreement shall be for a ten year period commencing six (6) months prior to the date of the opening of the Facility (the "Commencement Date"). AP/er the first three years of the operation of the Facility, this Agreement may be terminated by either party hereto, without cause, upon six (6) months notice to tho other party. Either party shall have the right to terminate this Agreement upon sixty (60) days notice in the event of a material breech by the other party, provided the party receiving the notice shall have thfr~ days (30) from receipt of the notice to cure the default. Upon termination, all obligations of the parties hereunder shall cease. 14. Onerafine Profit. -The Manager shall be entitled to retain and pay itself fi.om the .... Oma'htia~ ~cco~t'~ ~ end ofea0h ~12 month ~ ~: auy pr~o~ sr ~c~°me fi.o~ ~e ~acility in excess of the expenses of the Facility 15. Inspections. Upon reasonable prior notice to the Manager, the City shall have the right to enter the Facility at all reasonable times for the purpose of determining whether the terms, covenants and conditions contained in this Agreement and the Operation Plan are being fully and faithfully observed and performed. 16. Records. Thc Manager shall maintain books and records for the services provided under this Agreement and said books and records shall be open for inspection by thc City or its designated representative at reasonable times during the term of this Agreement and for a period not to exceed three (3) years thercafrer. The Manager shall provide the City with sales records, bank deposit receipts, cash register receipts, banquet contracts, banquet deposits, final banquet invoices and other accounting forms reasonnbly requested by the City. 17. Indemnification. The Manager hereby agrees to indemnify, defend and hold harmless the City and its officers, commissioners, employees, agents, servants or representatives from end against any and all claims, demands, damages, liabilities, actions, judgments, or axecufiun of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, relating to, resulting 8 fi.om, or caused by the negligence or willful misconduct of the Manager, its officem, employees, agents, servants, subconlractors or representatives during the term of this Agreement. The Manager shall be given prompt notice of any claims for which the indemnification will be sought, and shall be given full end complete cooperation fi.om the City in the defense or settlement of all such claims, and shall be given full authority in the defense or settlement of any such claims, with the exception of claims which relate to City reimbursement responsibilities. Neither party shall have the authority to bind the other to any settlement without such per~y's prior written consent, which consent shall nut be unreasonably withheld, conditioned or delayed. The City hereby agrees to indemni~, defend and hold harmless the Manager and its officers, commissioners, employees, agents, servants or representatives fi.om and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attomcy's fees and court costs, arising out of, relating to, resulting fi'om, or caused by the negligence or willful misconduct of the City, its officem, employees, agents, servants, subcontractors or representatives during the term of this Agreement. 18. Insurance.. The Manager shall obtain aud maintain, pursuant to the annual budget for the Facility, the insurance as set forth in the attached Schedule in such amounts as the parties shall mutually agree. The Manager shall recommend specifications and submit a plan annually as part of the budget process, to the City for approval. The C7~_~~ 19. Miscellaneous. (a) The Manager shall not use or permit to be used any property of the City other than for its intended purpose. (b) This Agreement and the Exhibits mmched hereto embodies the entire Agreement between the City and the Manager, and there are no other representation, promises, agreements, conditions or understandings, either oral or written, between the City and the Manger other than as set forth in this Agreement. (c) No subsequent alteration, amendment, change or modification to this Agreement shall be binding upon any party unless in writing and signed by the party to be charged, which writing must expressly refer to the fuct that it is altering, emending changln~ or modififing this Agreement. (d) Any and all changes, modifications or amendments to this Agreement may only be made jointly by the City and the Manger. Any and all such changes shall be subject to the approval of the Mayor and City Council of the City of Dubuque. (e) By entering into this Agreement, none of the parties hereto intend to create, nor shall this Agreement be deemed or construed as creating, any partnership, joint venture, agency or other legal relationship between the City and/or the Manager, other than that of the City as owner, and the Manager as independent contractor. (f) This Agreement is not intended by any ofthe provisions bercofto make any person or entity not a party to this Agreement a third party beneficiary hereunder, and is not intended to benefit any such third party. (g) This Agreement shall be governed by the laws of the State of Iowa. The City and the Manager expressly submit themselves to the jurisdiction of the Courts of the State of Iowa. (h) The Manager shall not transfer or assign this Agreement nor the rights, privileges or premises granted under this Agreement in whole or in part to any other person, firm or corporation, without the prior written consent of the City, w,Mc~ cc, lz~cat ~'~all act bc ar~casc,,,,51y wit~cld, p~,,vidcd thc thkd pa,~j ~alz;fci'cc ag~c~s to cc, nlp |)- -;;:.th th,~ (i) The City's representative for purposes of this Agreement is its City Manager and the Manager's representative is its President. 0) The Manager shall, upon the expiration or earlier termination of this Agreement, for any reason, peacefully surrender to the City possession of the Facility, and the Manager shall forthwith remove all of its property from the Facility. Unless the City has agreed otherwise, the Manager shall forthwith return the Facility to the same condition it was upon the commencement of this Agreement, reasonable wear and tear excepted for repairs which the Manager is not obligated to make pursuant to this Agreement. (k) City reserves the right to name the Facility. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Dubuque, Iowa MANAGER: Platinum Hospitality Group, LLC By: By:_ Its: Its: 10 ,I CITY OF DUBUQUE, IOWA MEMORANDUM January 4, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Miltigen, City Manager Fiscal Year 2002 Budget Transmittal The City of Dubuque is about to embark on the City's most ambitious effort ever to enhance our quality of life and to invest in our futura. This year's almost $56 million operating budget is combined with an unprecedented $148 million five year capital improvement program, the $188 million investment in America's River project, and over $200 million in investment by the State of Illinois, State of Wisconsin and State of Iowa over five years to 4-lane and/or improve roads. This includes 4-1aning Highway 151 to Cedar Rapids and Madison, Highway 20 to 1-35 north of Ames, improvements to Highway 20 to Chicago, and the Northwest and Southwest Arterials. This all comes on the heals of many other prior accomplishments, including: · The creation of a 20 year supply of City-owned land encompassing 900 acres in five industrial parks in an effort to create over I 0,000 jobs; · The opening up of thousands of acres for development with water and sewer extensions; ,- Seven million dollars being invested to renovate existing City parks and the creation of 13 new parks consisting of 60 acres; · The investment of over $35 million in the City streets since 1995, with over 35% of the streets being reconstructed or resurfaced; · Fourteen police officers being added and Community-Oriented Policing implemented, to maintain Dubuque as one of the safest places to live; · Millions of dollars invested to modernize Fire Department equipment and improve the radio communications county-wide; A commitment of $15 million in Airport improvements and the arrival of regional jets from American Eagle; · A multi-million dollar commitment for Neighborhood Reinvestment, Historic Preservation and Downtown Revitalization; and In the area of technology, the City has invested in a Geographic Information System (GIS), is developing a web page and has gone to a paperless agenda, which will all lead to greater access to information by citizens. These investments in our community are being made following the Vision, Goals and Priorities established by the Mayor and City Council. Our Vision for the Community As a "hometown for our families" Dubuque is a place... where we can raise a healthy family where all generations of families can live and play together where there are abundant job opportunities that support family wages where families can visit and be the guests of our community City Council Goals In five years the Council wants the following for the community: 2. 3. 4. 5. 6. Improved Transportation Network Strong Local Economy A "Balanced" Community Safe Community Riverfront Development Top Quality City Services City Council Priorities Top Priority: Affordable Housing Highway 20 Incentives to AttracffExpand Businesses Riverfront Land Acquisition High Priority: Riverfront Land Uses and Development Standards Telephony: Infrastructure Historic Preservation Town Clock Plaza Moderate Priority: Street Program Traffic Synchronization Downtown Compensation Policy for Professionals This budget is submitted with no increase in property tm, res for the average homeowner. This will be combined with no increase in water rates, a 6¢ per month increase in refuse collection rates (unless the Dubuque Metropolitan Area Solid Waste Agency raises landfill tipping fees more than the $1.00 per ton mandated by the State) and a 4% increase in sewer rates, because of the loss of our largest customer, Farmland Foods/John Morrell. This is the seventh consecutive year that the amount the average homeowner pays in property taxes has not increased, in fact, in four of those years property taxes decreased. Over that same seven year period, the cost of City services for the average homeowner has increased by only $7.71, or an average of $1.10 per year. I am proud to say that I am also submitting an affordable plan to address the City Council priority related to compensation for professional employees. This plan wotfld modify the City Pay Plan beginning in Fiscal Year 2003, and put these employees closer to the average pay for comparable cities. This year there will be some staff additions, with the most significant being a new clerical person at Police, partly funded by the County, a new maintenance position in Parks to handle the new industrial parks and the Highway 20 corridor, a Transportation Planner at the East Central Intergovernmental Association (ECIA) to assist the Dubuque Metropolitan Area Transportation Study (DMATS), with most of the funding coming from the federal government, and a police dog for building searches and to find drugs. These additions are being partially offset by staffreducti0ns. With the reduction in wastewater because of the closing of Farmland Foods/John Morrell, one position will be eliminated at the Water Pollution Control Plant. The Transit Service review has identified a more economical vehicle maintenance arrangement, with Operations and Maintenance taking over vehicle maintenance and two mechanic positions and a service worker position being eliminated. While hiring a full-time Historic Preservation Planner was not affordable without a property tax increase, $100,000 per year, for a total of $500,000, is recommended to begin the Historic Public Improvement Program. Also $200,000 is recommended to match privately-raised money to create a loan pool to assist with historic preservation and to supplement the CDBG Program that only assists low and moderate income families. This significant investment in our community is warranted because all is not perfect and we must be prepared to avoid decline and stagnation and prepare for growth and prosperity. In 1980, 43,700 people were working in Dubuque County. In 1990, that number had risen slightly to 46,000. By April 1, 2000, that number had increased dramatically to 52,700, and even with the summer layoffof 1,100 people at Farmland Foods/John Morrell, in November 2000, there were 52,900 people working in Dubuque County. From 1980 to 1990 employment was up 5.2%. From 1990 to 2000 employment was up 15%, triple the rate of the previous decade, representing almost 7,000 new jobs. We are being told by the Census officials that we may have a very slight increase in population, not the 4%-5% growth ~ve had expected. Hopefully, this will just make our resolve to do the things we need to do to thrive that much stronger, so when the 2010 census comes around there will be no disappointment. -3- Best selling author Harry S. Dent, Jr. writes in his book The Roaring 2000's that within the next thirty years, a new social ethic will reshape the American Dream, and new technology will make it possible. We are about to witness the resurgence of this country's venerable ideal of individualism and simple community living while our sophisticated communications technology will give us ready access to most of the information, education, and entertainment we need. An enormous number of people will escape overcrowded, expensive suburbs and move to a variety of attractive small towns and new-growth cities. I believe Dubuque is positioning itself well for the growth to come. I would like to say how much 1 appreciate the courageous and entrepreneurial leadership of the Mayor and City Council and how much I enjoy working with Corporation Counsel Barry Lindahl and City Clerk Jeanne Schneider. I would like to thank Administrative Service Manager Pauline Joyce, Office Manager Juanita Hilkin, Secretary Kevin Firnstahl, the Department Managers and Commissions for all their hard work on this budget. I respectfully submit this budget to the Mayor and City Council for consideration and deliberation. While I know that all needs and requests were not met, I believe the budget as presented keeps the community moving forward in a fiscally-responsible manner. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Jeanne Schneider, City Clerk Pauline Joyce, Administrative Services Manager -4- DATE DAY CITY COUNCIL'S FISCAL YEAR 2002 BUDGET HEARING SCHEDULE TIME PLACE TOPIC January 15 February 7 February 12 Monday Wednesday Monday 6:30 p.m. 6:15 p.m. 6:15 p.m, Library Budget document presentation to City Council at Council Meeting Parking Finance City Manager City Council City Clerk Legal Emergency Communications Ctr Emergency Management Fire Health Services Police February 15 February 21 February 26 February 27 Thursday Wednesday Monday Tuesday 6:15 p.m. 6:15 p.m. 6:15 p,m. 6:15 p.m. Airport Water Pollution Control Library Building Civic Center Recreation Park Information Services Cable TV Community/Econ Development Planning Housing Human Rights Water Operations and Maintenance Engineering Transit Purchase of Services March 6 Tuesday 6:30 p.m. Library Public Hearing CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 200l TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Five Flags Theater Renovation Project Leisure Services Manager Gil Spence is recommending that a public hearing be set for February 19, 2001, to consider the Five Flags Theater Renovation Project. I concur with the recommendation and respectfi~lly request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Cotmsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM Januaw 8,2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Five Flags Theater Renovation Project INTRODUCTION The purpose of this memorandum is to request that the City Council initiate the bidding process for renovation of the Five Flags Theater. DISCUSSION The FY 2001 C.I.P. budget includes $580,350 to renovate the Five Flags Theater. Renovation will include carpet replacement, reconstruction of theater seating, fire door replacement, balcony renovation, adding a fire suppression system, plaster repair, and painting. After design fees, $505,350 remains for construction. The bidding schedule outlined in the attached resolutions would be as follows: Presentation to City Council Notice to bidders Receive bids Notice of public headng Public hearing and award contract Januaw 15,2001 Janua~ 19,2001 Februaw 8,2001 Februaw 9,2001 Februaw 19,2001 ACTION STEP The action requested is that the City Council adopt the attached resolutions giving preliminary approval to the plans and specifications, authorizing the advertisement for proposals, and establishing a date for the public hearing. GDS:et attachments RESOLUTION 18 -01 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the FIVE FLAGS THEATER RENOVATION PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 8th day of February, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 19th day of February, 2001, Passed, approved and adopted this 15th day of January/ ,2001. Terranc~ Mayor Jea)~/g F. Schneider Cit~'Clerk PK RESOLUTION NO. ]9 -01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the FIVE FLAGS THEATER RENOVATION PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 19th day of February, 2001, a public headng will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost Of the improvement. Passed, approved and adopted this 15th day of January, ,2001. Te'~a~~ Mayor AEe~: ~_~J~anne F. Schneider City Clerk PK RESOLUTION NO. 20 -01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the FIVE FLAGS THEATER RENOVATION PROJECT, in the estimated amount of $518,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 15~:h day of January' ,2001. Attest: (...J"eanne F. Schn~ider City Clerk PK MINUTES OF CABLE COMMUNITY TELEPROGRAMMING COMMISSION MEETING DECEMBER 5, 2000 CITY HALL ANNEX CONFERENCE ROOM # 2 MEMBERS PRESENT: Sr. Carol Hoverman, Paul Kohl, Jennifer Tigges, David Wanamaker MEMBERS ABSENT: Anthony Allen, two seats remain vacant on the Commission OTHERS PRESENT: Jim Barefoot, AT & T Broadband Merrill Crawford, Cable Franchise Administrator Mr. Wanamaker called the meeting to order at 5:51 P.M. 1. Acceptance of the Agenda. Upon a motion by Sr. Hoverman, seconded by Mr. Kohl, the agenda was accepted as published. 2. Approval of the Minutes of the November 14, 2000 Meeting. Upon a motion by Mr. Kohl, seconded by Ms. Tigges, the Minutes of the November 14, 2000 Commission meeting were approved as distributed. Public Comment. Ms. Tigges commented that she thought it would be nice for the Commission to arrange a meeting at least once a year at the AT & T Broadband facility. The other Commissioners concurred. 4. Access Equipment Expenditures. Mr. Barefoot told Commissioners that the budget for calendar year 2001 has been submitted. He was not sure when the authorization for ordering the various stipulated items would occur in 2001. 5. Access Rulebook Revisions. Following discussion, the Commission members agreed that it would not be practical to reprint a quantity of updated Access Rulebooks at this time, with the reorganization of AT & T and renewal of the franchise on the horizon. Mr. Crawford gave a brief report on recent developments regarding access in Maquoketa. At Mr. Crawford's suggestion, the Commission moved to Item # 7 on the agenda. AT & T Broadband Report. Mr. Barefoot briefed members of the Commission on the reorganization and restructuring of AT & T Broadband as it pertained to Iowa and the local system. There followed a detailed discussion on this topic. Mr. Barefoot also distributed copies of his written report and highlighted items regarding the appointment of Mark Morrison to the directorship of operations for east Iowa, the addition of time-base correctors to Channels 44 and 45 for substantial video quality improvement, and the holiday hours for the access facilities. Mr. Wanamaker introduced an extensive discussion regarding the options for repairing or replacing the mobile production van and the status of the as yet unspent access equipment commitment under the current franchise. The Commission discussed the impact of franchise renewal on community access programming facilities, operations, etc., and discussed ways to enhance the promotional effort, the number of agencies and individuals using access, and the quantity and quality of programming being produced with the current facilities and equipment. Future Agenda Items. There were no additional new items suggested for the next agenda. 10. Adjournment. Upon a motion by Ms. Tigges, seconded by Mr. Kohl, the meeting was adjourned at 7:04 P.M. MC/cj CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council Special Session, January 2, 2001 Council Met in Special Session at 5:00 P.m. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins; City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Aisc Present - Historic Preservation Commissioners and Historic Preservation Ordinance Task Force Members: Terry Mozena, Chair and Commissioners: Pamela Bradford, Suzanne Guinn, Chris Wand, and Ken Kringle; and Jim Gross of the Board of Realtors and Cheryl Whalen, representing a Historic District and Regina Thibeau of the Historical Society. Mayor Duggan read the call and stated this is a special session df the City Council called for the purpose of conducting a joint session with the Historic Preservation Commission. Terry Mozena led the discussion and went over the combined report of the Historic Preservation Commission and the Historic Preservation Ordinance Task Force. There being no further business, upon consensus this special meeting adjourned at 6:35 P.M. //'//J'eanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council Regular Session, January 2, 2001 Council Met in Regular Session at 6:36 P.M. in the 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 the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Deacon Bill Mauss of St. Anthony's Catholic Church. PROCLAMATIONS: Martin Luther King, Jr. Days (January 14 and 15, 20'01 ) received by Bill Hickson and Emestine Maas. 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 11121; Five Flags Commission of 11/20, upon motion received and filed. Proof of Publication of Council Proceedings for 11/29 and 12/4, upon motion received and filed. 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 $653.85 for vehicle damage; Gary and Susan Reiter in estimated amount of $160.70 for vehicle damage, upon motion received and filed. Corporation Counsel recommending settlement of the claim of Wade Pilcher in the amount of $58.30 for towing charges, upon motion received and filed and concurred with the recommendation and Finance Director to issue the proper 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, upon motion received and filed. Buol moved adoption of Resolution No. 1-01 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. Seconded by Robbins. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 2-01 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. Seconded by Robbins. Motion carried 7-0. Klingenberg Terrace Retaining Wall Reconstruction Project - Acceptance: City Manager recommending acceptance of the Klingenberg Terrace Retaining Wall Reconstruction Project in the final centract amount of $318,626.99, upon motion received and filed. Nicholson moved adoption of Resolution No. 3-01 Accepting improvement and Resolution No. 4-01 Approving final estimate in amount of $318,626.99. Seconded by Buol. Motion carded 7-0. Human Rights Commission Annual Report: City Manager submitting the annual report of the Human Rights Commission for the period July 1, 1999 through June 30, 2000, upon motion received and filed. Iowa Department of Transportation: Official notification from the Iowa Department of Transportation that they are letting a cracksealing project on US 52 from St. Donatus northerly 12 miles to Grandview Avenue in Dubuque and that a portion of the project lies within the corporate limits of Dubuque, upon motion received and filed. Peoples Natural Gas/Energy One: Communication from Peoples Natural Gas/Energy One regarding their concern about the current high natural gas prices, upon motion received and filed. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that Four Mounds has been listed in the National Register of Historic Places effective November 17, 2000. Business Licenses: Buol moved adoption of Resolution No. 5-01 Granting issuance of license to sell Cigarettes and Cigarette Papers to Watgreen's and Resolution No. 6-01 Granting issuance of Class B Beer Permit to Godfather's Pizza and Class C Beer Permit to IOCO Speede Shoppe and Resolution No. 7-01 Granting Class B (Hotel/Motel) Beer Liquor Permit to Hoffman House and Class C Beer Liquor Permit to The Ryan House, Ten Pin Tap, and Breezers Pub. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Board: Housing Code Appeals Board (3 terms expiring 1/11/04) Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. Upon motion Kinsella, Schaub and Swift all reappointed. PUBLIC HEARINGS Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. 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, upon motion received and filed. Robbins moved adoption of Resolution No. 8-01 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. Seconded by Cline. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS City Council Appointments: City Council appointments to the Dubuque Racing Association (currently Mayor Duggan and Council Members Buol and Markham); Operation: New View (currently Council Members Robbins and Cline); and various Board and Commissions, upon motion the current Council Members and City Manager were reappointed. 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, upon motion received and filed and concurred with recommendation and designated Ann Michalski as the liaison. Michalski requested urging the League to add break-out sessions and that the City have more rooms available. Town Clock Plaza - Alternative Street Designs: City Manager recommending that the City Council conduct a worksession on January 15, 2001 to review information and provide input on the Town Clock Plaza design alternatives, upon motion received and filed and concurred with recommendation. Bunker Hill Golf Course Operation: City Manager recommending approval of a change to the operational structure at Bunker Hill Golf Course, upon motion received and filed and concurred with recommendation. There being no further business, upon motion meeting adjourned at 7:04 P.M. /"./41eanne F. Schneider City Clerk It 1/10 MINUTES HISTORIC PRESERVATION COMMISSION Thursday, December 21, 2000 5:00 p.m. Auditorium, Carnegie Stout Public Library Oi Fl PRESENT: Present: chairperson Terry Mozena, Commissioners Chris Wand, ~lim Gibbs and Audrey Henson. ABSENT: Ken Kdngle, Pam Bradford and Suzanne Guinn. CERT~FICA'r~ON OF COMPLTANCE WTi'H IOWA'S OPEN MEETING LAW: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order at 5:10 p.m. MINUTES: The minutes of the Historic Preservation Commission meeting of November :16, 2000 were approved as submitted. APPLICATION FOR CERTIFICATE OF APPROPRZATENESS/1335-1349 DELL STREET: Application of Brian Frank for'a Certificate of Appropriateness to install vinyl siding for property lOCated at :1335-:1349 Dell Street in the 3ackson Park Historic Preservation District. The applicant was not in attendance. Staff Member Carstens summarized the application for Brian Frank's property at :1335/:1349 Dell Street for installation of vinyl siding on the entire house. Commissioners discussed the application of vinyl siding to the structure; they felt it did not meet the Secretary of the Tnterior's design guidelines, and that it was not appropriate in an historic district. Motion by Wand, seconded by Mozena, to deny the application for Certificate of Appropriateness for the property at 1335-:1339 Dell Street, based on the guidelines established by the Secretary of Interior, which indicate that vinyl siding is not appropriate in an historic district. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - None. APPLICATION FOR CERTIFICATE OF APPROPRIATENESS/265 MAIN STREET: Application of Robert McCoy for a Certificate of Appropriateness to construct an addition at the rear of the structure and to redesign the front main level eliminating one doorway, in the Old Main Histodc Preservation District. Robert McCoy, 265 Main Street, discussed his project, stating that he wants to bring an existing doorway forward four feet to create an airlock entryway to insulate the interior of the building from inclement weather. He said that he wants to add a garage at the rear of the structure on the first level with a kitchen and deck above. He stated that Minutes - Historic Preservation Commission Meeting December 21, 2000 Page 2 the addition would be built with the same materials, including bdck, wrought iron and bdck fascia. He said he wants to place pdvacy screening on the third level of the rear addition. He said the screening would be cedar panels stained to match the brick exterior. He stated that due to his expansion, he would lose one parking space. He stated that he would enclose the trash container at the rear of the structure with a brick structure. He said that both stories of the rear addition would be brick. He said that he would like to attach the addition to the adjacent Stenlund building which would require covering existing windows on the south wall of the building. The Commission discussed the redesign of the front double doorway. Mr. McCoy stated that the posts in the front between the doors would be wooden. Mr. McCoy said that the aidock entry would serve as the primary entrance for a restaurant that he plans to develop. He stated that he would, if possible, use the original doors or wooden replicas. Motion by Wand, seconded by Gibbs, to approve the front fa~de redesign as submitted. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - None. Commissioners discussed the proposed addition at the rear of the structure. Commissioner Henson asked Mr. McCoy if he was going to match the existing iron railing at the rear of the structure. Mr. McCoy stated that the iron railing on the new addition would be identical to the existing iron railing. He reiterated that the screening would be cedar paneling, which would be stained to match the color of the building. Motion by Wand, seconded by Gibbs, to approve the rear addition with the conditions that: l) the garage door be wooden with recessed or ornate paneling; 2) that the proposed railing be iron and match the existing railing; and 3) that the screening be stained with a color compatible with the building. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - None, APpLi'CAT1'ON FOR CERTt'FZCATE OF APPROPRZATENESS/199 LORAS BOULEVARD: Application of Amy Boynton for a Certificate of Appropriateness to replace an existing sign with a new sign in the Jackson Park Historical Preservation District. Amy Boynton of the Mandolin ];nn spoke in favor of her request, stating that she wants to replace an existing sign with a more accurate sign, which states "Mandolin Inn." She stated that the sign would be sandblasted redwood with a painted surface. Commissioners felt that the sign was tastefully done and was appropriate for an historic district. Commissioners commended Ms. Boynton on the renovation of the Mandolin ][nn. Minutes - Historic Preservation Commission Meeting December 21, 2000 Page 3 Motion by Wand, seconded by Henson, to approve the Certificate of Appropriateness as submitted. Motion was approved by the following vote: Aye - Wand, Henson, Gibbs and Mozena; Nay - None. APPL:ZCAT:[ON FOR CER'rZFTCATE OF APPROPRZATENESS/392 BLUFF STREET: Application of Cindy Weber, Bill Adams and .1ennifer Marx for a Certificate of Appropriateness to install a new sign in the Cathedral Historical Preservation District. The applicants were not in attendance. Commissioners discussed the sign location, noting that it would be on an existing cedar post in the front yard of the property. Commissioners said the sign should be wooden and not internally illuminated. Commissioners preferred the sign design submitted as Exhibit 1. Motion by Wand, seconded by Henson, to approve the Certificate of Appropriateness with the conditions that the sign be a two-sided wooden sign, and not internally illuminated, as submitted on Exhibit 1. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson, and Mozena; Nay - None. APPLZCAT:[ON FOR CERTTFZCATE OF APPROPRZATENESS/340 W. 5TM STREET: Application of C..1. May TI! for a Certificate of Appropriateness to install a new sign in the Cathedral Historical Preservation District. C..1. May III stated that he wanted to affix a 3/4" plywood sign with vinyl lettering to the face of his building at 340 W. 5m St. He stated that the sign will be 25" x 28" and black and gold in color. Commissioners discussed vinyl lettering and asked if Mr. May had explored cast aluminum or bronze alternatives. He stated that he had discussed cast aluminum with Advanta Sign Company, but the cost is prohibitive. Commissioners discussed the history of the building at 340 W. 5~ Street, and asked if there was a commemorative plaque on this building. Mr. May stated that there is no plaque on this building. Commissioners asked staff to investigate availability of plaques for historic recognition of the building. Motion by Wand, seconded by Gibbs, to approve the Certificate of Appropriateness as submitted. The motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - None. APPLTCATZON FOR CERT:ZFTCATE OF APPROPRZATENESS/1201 LOCUST STREET: Application of St. Mark's Community Center for a Certificate of Appropriateness to replace a deteriorated sign with a new sign in the Jackson Park Historical Preservation District. The applicant was not in attendance. The Commissioners discussed the existing sign - cabinets on the property. Staff Member Carstens stated that the applicant wants the sign to be internally illuminated. Commissioner Henson stated she did not like the sign Minutes - Historic Preservation Commission Meeting December 21, 2000 Page 4 design as submitted. She said that a peaked design was preferable. Commissioner Wand agreed. Commissioners said they preferred design No. 2. Commissioner Wand recommended that the sign background be a dark color with light lettering. Chairperson Mozena stated that the Commission has not historically approved internally illuminated signs. Commissioner Wand stated that the sign as submitted would be stark white and not blend well with the neighborhood. Commissioner Gibbs stated he is not in favor of internally illuminated signs in historic districts. Commissioners asked that staff contact the applicant and ask if the sign will be internally illuminated. They also asked staff to ask if St. Mark's can use the existing sign cabinets and, if so, they suggested that the plastic sign faces have dark background with light lettering, similar to the Carnegie-Stout Public Library signage. The Commission requested that the applicant be present to answer their questions. Motion by Wand, seconded by Gibbs, to table the Certificate of Appropriateness until the January 18, 200:[ meeting. Motion carried by the following vote: Aye - Gibbs, Henson, Wand and Mozena; Nay - None. APPLTCATTON FOR CERTZFTCATE OF APPROPRZATENESS/1299 LOCUST: Application of the Boys and Girls Club of Greater Dubuque for a Certificate of Appropriateness to redesign a new gymnasium addition, adding two entries with iron railing and eliminating decorative brick exterior. Staff informed the Commission that Bdan Meyer, Executive Director of the Boys and Gids Club had requested the application be tabled until resubmitted. Motion by Wand, seconded by Mozena, to table the application for a Certificate of Appropriateness until resubmitted. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena. Nay - None. APPLI'CATTON FOR CERT:[FTCATE OF APPROPRZATENESS/:I.004 BLUFF STREET: Application of Ronnie McDonald for a Certificate of Appropriateness to enlarge two existing window openings, to cut a new window opening and to convert a doorway to a window, on the south side ground floor of the structure in the .lackson Park Historical Preservation District. Staff informed the Commission that the applicant has asked for the request to be tabled until the next Commission meeting. Motion by Wand, seconded by Gibbs, to table the request until the ]anuary :[8, 200:[ meeting. Motion was approved by the. following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - None. Minutes -Histodc Preservation Commission Meeting December 21, 2000 Page 5 APPLZCATZON FOR CERTIFICATE OF APPROPRZATENESS/342 MAIN STREET: Application of Steven Althoff/City of Dubuque for a Certificate of Appropriateness to replace deteriorated wooden stairs with new metal stairs and to match historic railing to be installed in the area in the Old Main Historical Preservation District. Staff distributed photos and elevations of the proposed stairway at the rear of the structure at 342 Main Street. Staff Member Carstens discussed Parking System Supervisor Cindy Steinhauseds memo asking for the Commission's approval to erect a wrought iron staircase at the rear of this structure. She stated that the wrought iron would match proposed wrought iron railings that would be built in association with the adjacent parking ramp. Commissioners discussed the proposed design, the parking ramp's location in the area, and the ADA requirements for railings. Commissioners slightly altered the design of the staircase as per Exhibit 1. Motion by Wand, seconded by Gibbs, to approve the Certificate of appropriateness with the condition that the staircase railing be redesigned as per Exhibit l. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - None. Z'FEMS FROM COMMI~ION: Chairperson Mozena discussed a letter of support provided by the Community Development Advisory Commission regarding funding levels for the Histodc Preservation Homeowner grant program. He stated that the Commission was, overall, very supportive. ZI'EMS FROM STAFF: Staff Member Carstens discussed the January ~, 200~, joint work session with the Historic Preservation Commission, City Council and County Board of Supervisors to discuss the disposition of the Buettell Building, 82:[-84! Central Avenue. She stated that the City Council has asked that the Chair and Vice Chair and other interested Commissioners attend. Staff Member Carstens stated that the meeting would be held in the Board of Supervisors chambers, 4~ Floor of the County Court House. Commissioners discussed a letter submitted by Robert O'Brien regarding the Buettell Building. Motion by Gibbs, seconded by Wand, to acknowledge receipt of the letter of support for the Buettell Building from former Police Chief Bob O13rien. Motion was approved by the following vote: Aye - Gibbs, Wand, Henson and Mozena; Nay - none. Commissioners discussed the letter from staff recommending no direct contact between Vicky Bechen and Tim Woods regarding their Arlington Street property, due to possible litigation regarding their property at 623-627 Arlington Street. Staff Member Carstens stated that all communication should be directed to Assistant City Attorney Tim O'Brien. Minutes - Historic Preservation Commission Meeting December 21, 2000 Page 6 Commissioners discussed the letter of Call for Nominations of Excellence in History. Commissioners stated they could discuss potential nominations at their January meeting. AD.1OURNMENT: The meeting adjourned at 7:13 p.m. Respectfully submitted, Guy Hemenway, Assistant Planner Adopted ORIGINAl. Carnegie-Stout Public Library Board of Trustee's Meeting Minutes of Thursday~ November :L6~ 2000 The Board of Trustees of the Carnegie-Stout Public Library (C-SPL) met in the Library Board Room at 4:00 p.m., Thursday, November 16th, 2000. Present: President Kristen Smith; Vice-President Kevin Lynch; Board Secretary Mary Strom; Trustee Steve Augspurger; Trustee Jack Felderman; Trustee Sue Lindsay; Trustee Edmund Vandermillen; Library Director Thomas .1. Moran, and Recorder Denette Kellogg. Public Present: Sandra Parrett, President - Friends of the Ubrary 1. Smith called the meeting to order at 4:01 p.m. "~loved to adopt the meeting agenda of November 6, 2000." Motion: Fe/derman ~econd: Lynch Vote: Aye - 7/Nay - 0 2. Library Board of Trustees' Board minutes - ;'Noved to adopt the m/nutes of the Library Board of Trustee's meeting held October 26~, 2000 w/th the follow/rig change; page 3, paragraph 1 replace the phrase "adm/n/strat/ve po#o/' to "adm/n/strative d/rective" as prov/ded /n tho first and th/rd sentences of the paragraph," Notion: Felderman Second: Augspurger Vote: Aye - 7,. Nay - 0 Undsay noted the importance oF the presentation given on Intern~ ~t~.~ rin~t~at the October 26, 2000 Board meeting. The Board agreed to utilize all~F information it receives regarding Intemet filtering when the Library's Inter, et Policy comes under review by the Board. Board Correspondence - Smith reviewed four patron comment cards with staff responses. The Board discussed the patron suggestion of the addition of exterior lighting and reported that several requests from patrons asking for additional extedor lighting have been received this past year. Felderman reported that the Library's Long Range Plan includes a goal of additional exterior lighting. The Board agreed on the importance of providing additional exterior lighting. Libraz3, Board of Trustees Minutes of November 16, 2000 "lVloved to direct L/brary D/rector Tom I~oran to inves&'gate and prov/de possible so/u&bns for provid/ng additional exter/or /ighO'ng /n "dark" areas located on the exter/or of the L/brary bu//ding." Notion: Felderman ~econd: Sfrom Vote: Aye - 7; Nay- 0 4. President's Report: Ubrary Foundation Report - Smith reported on the October Board meeting. Smith reported that the annual fundraising campaign is going well, with an individual phone drive on November 9 and this part of the campaign near completion. Smith reported that Foundation Board agreed using the Library's Grant Wood prints that are available as part of the Library's centennial essay contest project with a Dubuque Community Schools. Smith reported that a member of the Foundation would meet with the Art-Sub- Committee to share its plan for the project. B. Other: Trustee Materials - Smith distributed an updated Board and Committee listing. 2) Patron Complaint - Smith reported on a letter received from a niece of a patron in regard to the lack of Library personnel to help provide assistance to handicapped patrons who are unable to carry their Library materials to and from their vehicles. Smith reviewed the response letter signed by Smith, on behalf of the Board, that was sent to the patron's niece. Smith reported that the letter contained much of the same information as a previous letter sent to the patron's daughter. Moran reported that Library Staff provides assistance of this type to patrons whenever possible but that if a patron could call ahead they could be told when additional staff would be available so they could come in at these times. The Board reported its satisfaction with the moUon made at the October 26, 2000 meeting to develop an administrative directive to provide information to staff on helping patrons when possible, and asking patrons to come at a Ume when additional staff would be available to help. Felderman suggested that the Library Board establish a process for responding to correspondence received by the public. The Board discussed the following process regarding correspondence addressed to -2- Library Board of Trustees Minutes of Novembar 16, 2000 the Board; correspondence addressed to the Board will be reviewed by the Board President, who will review the correspondence with the Library Director and contact other Board members if warranted for additional input. Board members will receive copies of all letters addressed to the Board and letters signed by the Board President on behalf of the Library Board. The Board President responds to all letters received by the Board. The Library Board will review correspondence as needed at regularly scheduled Board meetings. Moran said that the Public Relations Policy could be reviewed by the Board for compliance with this procedure. 5. Committee Reports: A. Relations Committee - Felderman: l) Friends of the Ubrary Report - Parrett reported that its annual membership drive has begun and distributed membership applications to the Board members. Parrett reported on the Friends project funding of $2,500 for blinds for the Children's area, and $3,000 for audio-visual shelving in the Adult area. Parrett reported that the Friends continue ongoing support of the "Books to Go" program. The Board thanked the Friends for their help and support of these very important projects. Parrett reported that the Friends Board is losing two Board officers. 2) Schedule Art Sub-Committee Meeting - Moran reported on the schedule for contacting a local artist regarding an art show at the Library in the spring. Relations Committee members agreed to hold an Art Sub- Committee meeting on Thursday, December 7th at 3:00 p.m. Vandermillen reported on names for the Library to contact who might loan art works to the Library for the art show. 3) County Ubrades Trustees meeting - Felderman reported that the County Library task force would like to meet with at least two members of each Board on the evening of December 5th at 7:00 p.m. at the County library in Farley. Smith and Strom agreed to attend the meeUng. Moran reported that the meeting would provide a forum for which the Trustees can discuss recommendations from the County Library Study and provide ideas on how to make the non-resident services and fees more uniform. 4) Children's Activity Proposal to Foundation - Felderman reviewed the memo reviewing the request for Author/Illustrator programs dated October 18, 2000. Felderman reported a positive recommendation for -3- · ' Library Board of Trustees Minutes of November 16, 2000 both programs and requested that in addition to the daytime programs that evening programs also be provided. "Moved to approve the two author/illustrator programs as out#ned in the memorandum dated October 18, 2000, as projects for Library Foundation review for Funding with the pro,sion of providing an additional family type program in the evening, shou/d the auth ro /#/ustrator be avai/ab/e." I~lotion: Felderman Second: Vandermillen Vote: Aye - Z; Nay- 0 C. OperaUons Committee - Lynch: 1) Expenditure and Financial Reports October 2000 (FY01) - Lynch reported that the expenditures are in line with the budget. Lynch reported that the Enrich Iowa funds in the amount of $17,255 have been received and restricted for projects as approved by the Board. Tom distributed the Gift Fund report received from City Finance. Lynch reported that the Open Access funds have been received and will be reflected in November's revenue report. Smith asked if additional monies would be requested. Moran reported that the State has a lump sum of money which is divided out to Libraries based on the number of open access transactions from the previous fiscal year. Moran reported that the Library budgeted $23,000 and received approximately $24,588, which is a portion of what was requested, but is C-SPL's portion of the monies available. Moran reported that the State Ubrary hopes to provide additional funding opportunities in project areas. 2) FY Improvement Level Budget Requests - Lynch reviewed the detailed requests with the Board. Moran announced that the meeting to review the Library's budget with the City Manager and City Staff is scheduled for 3:30 p.m., Tuesday, November 21, 2000 and invited the Board members to attend. Moran reported that in addition to the Maintenance Level budget, Improvement Level budget, and the CIP budget, a justification of items requested over the 2.5% standard increase would be provided. Self-Check Replacement Proposal - Moran reported on his ongoing contact with the vendor, Vernon Library Supplies, with regard to the Board recommendations as approved at the October Board meeting. -4- Library Board of Trustees Minutes of November 16, 2000 Moran reviewed his letter to 3M Library Systems dated November 7, 2000 requesting 3M product support. Lindsay asked if a timeline for response should be developed regarding this matter with Vernon Library Supplies. Moran reported that he will contact City Attorney Barry Lindahl for guidance on this matter. 4) Technology Update - Lynch reported that the Library is scheduled to be connected to the City's fiber optic ring in early December. Moran reported that currently, the City does not have an intra-communication e-mail system within the City. Moran reported that the connection will also allow for access to the Geographical Information System (GIS) which will be available to Library patrons. Lynch requested that the Ad- hoc Technology Committee schedule a meeting. Planning Committee - Augspurger: 1) Ustening/Viewing Stations Policy - Augspurger presented the revisions to the Listening/Viewing Stations Policy. Augspurger reported that previously there was one policy for each, the Listening Stations and Viewing Stations, and the revisions allow for creating one uniform policy. Felderman suggested, the Board concurred, to reword rule number 2., to clarify use of the Adult Services equipment by Children and revise rule number 3., permitting two users at both the Adult and Children's listening/viewing stations at one time. "lVloved to adopt the proposed rev/sions to the Listen/ng/Pqewing Stations Policy." Not/on: Augspurger Second: Lynch Vote: Aye - 7; Nay- 0 2) Review of Personnel Manual Chapters 11 & Chapter 12 - Augspurger reviewed the proposed changes to Chapter 11, Vacation and Chapter 12 Casual Day. Augspurger reported that the changes bring these chapters in line with the City's policy manual. "l~loved to adopt the proposed rev/sions to the Personnel hCanua/, Chapter XI - Vaca#on, and Chapter XII - Casual Day." Not/on: Augspurger Second: Lynch Vote: Aye - Z; Nay- 0 -5- Library Board of Trustees Minutes of November 16, 2000 Smith reported that once the Board reviews each of the Personnel Manual chapters, the Board will review the manual as a whole for approval. 3) Review Method and Schedule for Architect Selection - Augspurger reviewed the proposed Architect Selection process for the F-Y2002-2003 building renovation as outlined in Moran's memo dated November 3, 2000. Augspurger reported that the Board would interview 3-5 architects and make a final selection. "Moved to approve the Architect Select/on process for the FY2002-2002 building renovation as outlined in Library Director Tom Ploran's memo to the Planning Committee dated November 3, 2000 as a working p/an." Notion: Augspurger Second: Lindsay Vote: Aye - 7; Nay - 0 Smith asked that a status report on the plan be provided to the Board at its monthly meetings. 6. Director's Report: A. Statistical/Service report for October 2000 - Moran reported an increase in Circulation and Reference inquiries; with a decrease in gate count, Schedule of Board and Staff Christmas Social - Moran announced that the Board and Staff Christmas Social is scheduled for December 14 at 3:00 p.m., prior to the Board meeting. Library Programs - Moran reported on Library programs scheduled for November and December and on efforts to build attendance for these programs. The Board suggested various marketing strategies including offering an e-mail alerting service for patrons interested in upcoming Library programs. Moran reported that he would investigate the possibility of offering this service to patrons. Lynch suggested that the Board review the need for a Marketing Sub-Committee. The Board suggested that should the improvement package for a volunteer coordinator be approved, that this person could assist in public relations, D. Other - Moran said that the 2nd Rotunda/Gallery has been closed temporarily in the evenings and on weekends until the air conditioning has -6- Library Board of Trustees Minutes of November 16, 2000 been fixed in the computer room. Moran reported that the closings would not have an effect on scheduled meetings. 7. "Notion to adjourn," I~oUon: Felderman Second: Strom Vote: Aye - 7; Nay- 0 The Board adjourned at 5:16 p.m, Mary Strom, Board(~;ecre~tary -7- PARK AND RECREATION COMMISSION MEETING Tuesday, December 12, 2000 4:30 p.m., in the Third Floor Auditodurn, Carnegie Stout Public LibrapJ PRESENT: MINUTES APPROVED; VOTE: Tom Blocklinger, Kim Daykin, Chuck Duggan, Paul Hoffmann, Karen Lyness, Mark Sullivan and Tom Schrobilgen Staff present: Gil Spence, John Hail, Pat Prevenas, and Eileen Tdmble It was moved by Blocklinger, seconded by Lyness, to approve the minutes of the November 14, 2000, meeting. The motion passed unanimously. RENAME SUNNY- SLOPES PARK; VOTE: Ernest Quade was one of the developers of the Sunnyslopes subdivision. Two of Mr. Quade's daughters were present (Karen Freiburger and Laura Schreiner) to ask commissioners for permission to rename the park "Teddy Bear Park" because that was their father's intention from the beginning. The name is a nickname for one of Mr. Quade's daughters. Mr. Quade's family would like to change the name, put a new sign up, and have a dedication ceremony on Apdl 9th (Mr. Quade's birthday). Leisure Services Manager Gil Spence said he did not realize their was a request by the donor to name the park, and since he did not get a response to his letter asking for name suggestions, he had proposed Sunnyslopes Park as the name. The mix-up was an innocent mistake and Mr. Spence has no problem with renaming the park. It was moved b_~ Hoffmann, seconded b.~ Blocklinger, to change the name of Sunnyslopes Park to "Teddy Bear Park". Motion passed unanimously. UPDATE ON BUNKER HILL SNACK BAR RENO- VATION & STATUS OF CITY TAKING OVER OPERATION; Mr. Spence has met with the City Manager and he thought the City Council should give approval for the City to take over operation of the snack bar, carts and pro shop, so it should be an agenda item for the council in the near future. Staff continues to work with the golf pro; a rough draft of a contract has been created and will be brought to the commission at a future meeting. Some golf t-shirts and Titleist items have been ordered; there will be fewer clubs, bags and shoes on hand in the shop. General contractor for the renovation project is Execucon. There have been several days when workers could have been working, but were not, and the project is behind schedule. Commissioner Lyness asked if it would be possible to schedule a commission meeting at Bunker Hill before the project is completed -- possibly February. continued PARK DIVISION REPORT: December 12, 2000 page two Park Division Manager John Hail informed commissioners *:* snow is keeping staff busy; would have been flooding ice rinks on day shift if we did not have all the snow; hope to have ice rinks up and going before schools get out for Christmas vacation; o**o started refinishing tables; Central High School students are helping stain and repair tables; o**o parts are being ordered for mowers; **** Park Division is getting a new pick-up truck with plow. RECREATION DIVISION REPORT: Recreation Division Manager Pat Prevenas told commissioners *:o will have Eagle Point Park lit for cross-country skiing on Wednesday evenings; o**o Audubon and Prescott after school programs end this week and open gym ends this weekend. Numbers at open gym have been decent; the morning times had organized activities planned instead of just shooting baskets; *:o the improvement level budget item for new computer software for on-line registration has been withdrawn because we found out the total cost would be about $60,000 and we would be $45,000 short; *:* winter/spring brochure will be available January 3rd. OTHER BUSINESS: Mr. Spence said Community Development Department has money they need to spend by mid-April so we will be putting in a play unit at Audubon School and renovating Flat Iron Park with part of that money. budget hearing with City Council is February 21st; dinner at 5:45 p.m. with headng beginning immediately following Commissioner Hoffmann was asked to notify people that a hunt for the Yule Log would be held at the Arboretum on December 17th, beginning at 3:00 p.m., with refreshments served afterwards. ADJOURN; VOTE: It was moved by Schrobilgen, seconded by Lyness, that the meeting be adjourned at 5:00 p.m. The motion passed unanimously. Chairperson Affest: MINUTES ZONING BOARD OF AD3USTMENT December 21, 2000 4:00 P.M. Board Room, Carnegie-Stout Public Library PRESENT: Board Chair Mike Ruden; Board Members .lim Urell, Bill Gasper, and Fred Beeler. ABSENT: Vicky Bechen. CERTIFICATE OF COMPLIANCE WITH IOWA'S OPEN MEETING LAW: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with :Iowa's Open Meeting Law. CALL TO ORDER: The meeting was called to order at 4:06 p.m. DOCKET 94-00: Application of Geneva Block, 3121 Brunswick, for a special exception to enclose a front porch 10 feet from the front property line, 20 feet required, in an R-1 Single-Family Residential zoning district. Geneva Block, 3121 Brunswick, described her porch project. Staff Member Kritz discussed the street configuration, the lack of sidewalks and the setbacks of adjacent structures in the neighborhood. Staff Member Kritz stated that the proposed porch should have very limited impact on public safety and adjacent residential properties. Board Members reviewed the map of adjacent residences. Motion by Gasper, seconded by Urell, to approve the application as submitted. Motion was approved by the following vote; Aye - Urell, Gasper, Ruden and Beeler; Nay - None. DOCKET 95-00: Application of Guy Gard, 356 Main Street, for a variance to permit two canopy signs, one sign maximum allowed, in a C-4 Downtown Commercial zoning district:. Guy Gard, 1262 Valentine St., representing Corporate Express, said that the tenant in his building has requested two canopy signs. Staff Member Kritz said that the canopy was recently redone, and that one sign is permitted in this zoning district. He outlined the C-4 District sign regulations and discussed the building's proximity to the public right-of-way. Staff Member Kritz stated that a canopy without a sign face would be allowed at this location. Board Member Urell asked about additional signage on the entry door. Chairperson Ruden felt that one sign was adequate to advertise the business. He also stated that the applicant has not demonstrated a hardship that would enable to Board to approve a variance. Motion by Gasper, seconded by Urell, to approve the request. The motion failed by the following vote: Aye - None; Nay - Urell, Gasper, Beeler and Ruden. Minutes - Zoning Board of Adjustment Meeting December 21, 2000 Page 2 DOCKET 96-00: Application of Ken Moore/Moore Land Development 4999, 4995 & 4991 Twilight Drive & Lot 10.20.255.005 (corner of Radford Road and Red Violet Dr.), for a special exception to erect a 7 foot high fence in the front yard (Radford Road), 4 foot high maximum permitted, in an R-1 Single-Family Residential zoning district and an R-3 Multi-Family Residential District. The applicant was not in attendance. Motion by Gasper, seconded by Urell, to table the applicant's request until the January 25, 2001 Zoning Board of Adjustment meeting. Motion was approved by the following vote: Aye - Urell, Gasper, Ruden and Beeler; Nay - None. DOCKET 97-00: Application of Thomas and Linda Buelow, 947 Edmore Lane, for a special exception to convert a former residence into a 1,456 square foot detached garage, where 1,006 square foot maximum is allowed, in an R-1 Single-Family Residential zoning district Tom Buelow reviewed his lot layout and the location of other houses in the neighborhood. He said that he wanted to convert the foundation of a home recently destroyed by fire into a 1,456 square foot garage. Staff Member Hemenway reviewed the Zoning Ordinance requirements for detached garages and said there is vegetative screening around the proposed garage site. Motion by Gasper, seconded by Urell, to approve the special exception request with the condition that the lot with the proposed garage and the lot with the primary residence be consolidated prior to issuance of a building permit. Motion was approved by the following vote: Aye - Urell, Gasper, Beeler and Ruden; Nay - None. MINUTES & NOTICES OF DECISION: The minutes of the November 14, 2000 and November 29, 2000 meetings and Notices of Decision for Dockets 76-00, 77-00, 89-00, 90-00, 91-00, 92-00 and 93-00 were approved as submitted. I'TEMS FROM PUBLIC: The Board reviewed the request to reconsider Docket 90-00 for the conditional use permit for an adult day care center at 2785 Pennsylvania Avenue. Chairperson Ruden said that the neighbors must demonstrate that new information that was not discussed at the initial Board meeting be presented before reconsideration is deemed appropriate. Gary Dellaert discussed a letter he had provided for the Board, reiterating property value and traffic concerns within the neighborhood. Board Members Gasper and Ruden sai~l that the neighbors presented no new information. Mr. Ruden stated that the day care would be required to meet all applicable City and State Codes. Minutes - Zoning Board of Adjustment Meeting December 21, 2000 Page 3 John White, 1777 Palm Court, stated that the radius for the driveway, indicated on the original site diagram, does not accommodate vehicles. He said that the grade of the yard is steep. Chairperson Ruden said that the traffic concerns were addressed at the last meeUng. The Board discussed the likelihood of the applicants obtaining all the required permits. Board Member Beeler stated that he has a day care center next to him, and that he is not pleased with it. He said that he couldn% however, request to rehear the original conditional use request. Staff Member Kritz stated that appropriate city and state agendes enforce any violations of ordinances by the proposed day care. Board Members Ruden and Gasper reiterated that they did not hear any new information that would convince them to reconsider Docket 90-00. AD3OURNMENT: The meeting adjourned at 5:00 p.m. Kyle L. K~il.~, Associate Planner Adopted CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIMWILL OR WILL NOT BE PAID. 3. Telephone Number:.. . 4. Date 0~ Incident:' 5. Time of Incident: 6. DESCRIBE ACCIDENT OR oCcURRENcE-THATCAUSED INJUR~ OR DAMAGE. (Give full details upon~which you base your claim. If a City employee was involved, give the employee's name.) 8. What were weather conditions like? 9 Give name and address of any witnesses. 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give name, address and extent of injuries.) boo. u,..;cu3 UxqOOo(xDtad. 12. Was any d~mage done to property? (If so, describe property and the extent of damage. Attach esti~teS of d~mages 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 ~%d amount paid. ) 15. 16. Why do you claim the City of Dubuque is responsible? 17. Have you ~e- ~ ~laim aga~ ~yon~ else.for d~ges as a result of ~his incid~t? /~ ~ If yes, give name and address: 18. If the answer to Queetion 17 is yes, have you received any ' paymen~ f~om that source, a~d 'i~-"~'0~" i~-w~ha~ am0&nt? Dated at Dubuque,' Iowa, this'. 81 day 0f~00~.{~ , (Revised Januar~, Date: 12/29/00 07:23 AM Estimate ID: 323 Estimate Version: 0 preliminary Profile ID: Mitchell 600 Century Drive Dubuque, iA 52002 (3t9) 683-7345 Deductible: UNKNOWN Insured: DAVE ACKLEy AFd-dte, ss: 335~EVADA uL~L1QUE~,IA-6,2001 Telephone: Work Phone: (319) 983-7345 Mitchell SerVice: 911325 Description: 2000 BMW 328 i VIN: WBAAM6340YKGt8777 Dh-ye T-r~n: 2~8E [n~6~Cyl 5A Line item Entry Labor Number Type Operation Line Item Description Part Type/ Part Number Dollar Amount Labor Units 100001 REF 100003 BDY 190021 ~DY AUTO REF 'AUTO~--- AUTO REFINISH FRT BUMPER COVER COMPLETE REMOVE/INSTALL FRT BUMPER ASSY REMOVE/REPLACE L FRT BUMPER IMPACT STRIP ADD'L OPR CLEAR COAT ADD'L COST HAZARDOUS WASTE DISPOSAL $1118t~289 1.0 lit.20 0.3 0.9* 3.50 * ' - Jud~gementltem~ C - Included in Clear Coa~-Calc Labor Sublet L Labor Subtota~ Units Rate Amount Ammmt TotaLs Body 1~ 3~00 O.5~ ~ 4~A~ T Refinish 3.2 38.00 0.00 0.50 121.60 T TaxabJeJ.~ 171.00 LaborTax ~} 0.000 % 10.26 Labor Summary 4.5 18~6~__ IL Part Replacement Summary Taxable Parts Sales Tax ~ Tota~ Replacement parts Amount III. Additional Costs Amount Non-Taxable Coats 77.10 Total Additional Costs 77.10 IV. Adjustments Customer ResF~nsibitity ESTIMATE RECALL NUMBER: 72/12~O 12:00:3& 323 U~taMa~ ~-a Tratfemar ~ o f Mi~neit Tgi~m atio~d Mitchell Data Version: DEC_00_A Copyright (C) 1994 - 2000 Mitchell International UItraMate Version: 4.6.004 All Rights Reserved 6.000% Page I of Amount ~6.20 ' 0.07 17.17 Amount ' 0.00 Date: 12/29/00 07:2~ AM Estimate ID; 323 Estimate Version: 0 PrOfile ID: Mitcl%ell-. -_ I. Total ~ tl. Total Replacement Parts: Gross T~ar: IV. Total Adjus~n~nte: Net Total: i81.26 17.t7 77.10 2~5.$$ 0.00 This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual repair. THIS DAMAGE REPORT IS BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFl. ER THE WORK EAS BEEN OPENED UP TEE INS,WILL BE NOTIFIED. ESTIMATE RECALL NUMBER: 12112/~12:05:30 323 l,)lt~ ~ a l~d~lf~l'K of~ti[clle~Ynatte~a! Mitchell Data Ve~ion: DEC_00_A Copyright (C) 1994 -')000 Mitchell Interna~Jonal UltraMate Version: 4.6.004 AB Rights Reserved Page 2 of 2 State Fa rm December 21, 2000 Insurance Companies State Farm Insurance Claim Office 3490 Hillcrest Road P. O. Box 795 Dubuque, Iowa 52004 City Clerk of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001-4864 RE: Claim No.: Date of Loss: Our Insured: 15-E031-352 September 20, 2000 Vicki Bechen Dear Sir or Madam: I am writing regarding the water main break that occurred on White Street on September 20, 2000. We are the rental dwelling insurer for the building located at 2741 Jackson Street, owned by our insured, Vicki Bechen. On September 20, 2000, our insured's basement was flooded by water escaping from the White Street water main. Our insured sustained damage to two water heaters, a furnace, and sump pump. Aisc, cleanup charges were incurred to return the basement to normal. State Farm Insurance has estimated these damages at $2,654.14, which includes our insured's $500.00 deductible. Enclosed is a completed Claim Against the City Form with information regarding the toss. If you have questions, please contact me at the number listed below. Sincerely, Daniel Green Claim Representative State Farm Fire and Casualty Company (319) 582-2619 023/1220024 LO :8 i0 EOME OFFICE: BLOOMINGTON, ILLINOIS 61710-0001 .0ct:24, 2000 lO:43AM BARR~ LINDAHL, ESQ ~ No.1410 P. 2/3 CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your clalm against the City of Dubuque, Iowa. You should complete this form in full an~ attach any adaitional information t~at supports your claim. Ttxe Claim must be filed with the.City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001~4864. It will t~e~ be referre~ by the City Councll to t~e appropriate Department for i~vestlgaUion. Once t~at investigation is co~mplete~, a report and recommendation will be Sl,~-4ttea to the City Council. You ~ill be provided with a copy of ~hat report and rec~mmen~atlon. THE ~INAL DECISION ON ALL CLAIMS IS MADE BY T~E CITY COUNCIL. NO EM~LOYE~ OP THE CITY OF DUBUQUE ~AS THE AUTHORITY TO MAKE ANY R~P~SENTATION TO YOU AS TO W~ET~R YOURCLAIMWILL OR WILL NOT BE PAID. Telephone Number:= ~'~/..~19 5. Time of Inciaent: /k~nly 6. Location of inci~t. (Be specific) ~. ~ive and adclresa og any witnesses. ~ ~ ~/-~ / 10. Did police investigate? (If So, give n~es of officers.) 11. Wa~ ~one inJure~ (If so, ~ive n~e, ad, ess ~ ~t~t of injuries. ) DESCR!B~ ACCIDENT OR OCCDI~RENCE T~AT CAU;ED INJ0~Y OR DAMAGe. (~ive full details u~n which you base your claim. If a City e~ployee was invclve~, give the employee's name.~ 0ct.2¢. 2000 10:43AM BARR~ LINDAHL, ESQ (~- No.1410 P, 3/3 12. Was any' damage done to property'? 13. 14. (If So, ~ascrlbe prop&try' and the extent of damage. Attach est/~lates of damages or aeScrfbe basis for as~ertaining ~t~t o~ a~ge. ) ~ [ '/ / ~at other d~ge~ do Have you been c~ens~te~: for ~y part or all of your olalm by ~y insur~Oe ~? (If so, give n~e ~d. a~ress of insur~ue c~p~y ~d ~t paid.). 15. What a~o~t do ~,"Ou claim from the City of Dubuque? 16. ~ do ~O~ ~laim. ~ C~t~ o~ D~u~e i~ re~ons~ble~ 17. Have you .'-,~de ~',',~ .~l&~m. against ~yone else for damages a~ a result o:~ this incident? ' ~ If] yes, ..giv~ name an~" address: 18. If the answer to QUeStion 17 is y'es, have you received any payment from that source, and if so, in what amount? Dated at ~o,b~e, Iowa, this ~9 day of 20 ~ (Revised January, 2000) /~Smgnature) (Print Name) , Oct.~4. 2000 tO:43AM BARRy/ LiNDAHL. ESQ ~(~ No.I¢]O P. 2/3 CLAIM AOAINST THE CITY OF DUBUQUE NOV 2 1 2000 Thisw~ittenreport constitutes your claim against the City O~ Dubuque, Iowa. You should oamplete this form in £ull and &it&oh any ad~itional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa S2001~4864. It will the~ be investigation. Onas that ~vestigation iS completed, a report and recommendation will be su~m/ttea to the City CoUncil. You w~ll be provided with a copy of ~hat report and rec~--~ndatlo~. THE FINAL DECISION ON ALL CLAIMS IS MADE BY ThUS CITY COUNCIL. NO EN~LOY~E OP THE CITY OF DUBUQUE HAS T~E AUTHORITY T~ MAKE ANY RBPRSSENTATION TO YOU AS TO WH~T~SR YOUR CLAIM WILL OR WILL NOT BE 4. Date of Incident= $. Time of Incident~ 7. DESCRIBE ACCIDENT OK OCCUI~TENCE THAT CAUSED INk,Ay OR DAMAGE. (~ive f~11 details upon wb/ch you base ~ cla~. If a Ci~ l~eo ~s ~volv~, 8. ~at were weather conditions like? G~ve n~e and ~d~8ss 10. Did ~l~ce ~nve~C~e? (If ~o, ~ve 11. Was ~yone inJurea~ (I~ so, ~ive n~e, ad, ess ~a ~t~ of injuries. ) BARRy/ LtNDAHL, ESQ No.14)O P. 3/3 14. Have you been oompens~ted~ for ~ny part or all of your olalm by a~y il~sur&nOe ~=c~:~a=y? {I~ so, ~ive n~e ~. a~e~s of , 15. ~ ~b do ~ ~1~ fr~ the City of 17. you. mad, a ~ny ol&'4m.&ga~n~b xny~ne 91se £or damages a~ a 18. If Che answer to ~ue~tion 17 is yes, have you received ~n~ payment from that source, and if s°, in wb~t m~"u~t? Date4 at Du.bucj.'ue, Iow&, 200'{2 (~evl~e~ Januaz-f. 2000) (S.i~nature) (Print Name) Klein Electric 16635 Union Park Lane (319) 55%1345 Dubuque, Iowa 52001 K!.EIN ELECTRIC Invoice Bill To: B & W PROPERTIES, L.C. 575 ENGLISH LN. DUBUQUE, IA 52003 Invoice #: Date: Ship To: Page: B & W PROPERTIES, L.C. 575 ENGLISH LN. DUBUQUE, IA 52003 S-001911 10/2/00 1 Description of Work: SERVICE CALL & WIRE WATER HEATERS AT 2741 & 2743 JACKSON: WATER DAMAGE Category Type Material 1 ! 1 1 1 Qty Item Description Unit Price 30.00 980010-02OOI-CRE 1/2" EMT CONDUIT 50~.63 9.OO 781747-00920-CKE 1/2" EMT STRAP . $0.084 ZOO 781747-01025-CRE 1/2" EMT LB $5.476 I.OO 781747-09240-CRE !/2" SS EMT COUP $0.218 2.00 781747-09260-CRE !/2" RT EMT COUP $0.517 I 5.OO 781747-15250-CRE 1/2" RT EMT CONN $0328 I 2.00 786210-03201-CRE 1/2" ROMEX CONN $0.255 I 2.00 785901-40094-CRE QO TANDEM BREAKER $28.510 I 1.00 783164-20986-CRE AC DISCONNECT $25.780 I 90.00 980100-23OO0-CRE THHN 10WIRE $0.112 i 2.00 788901-40042-CRE QO DP BREAKER $20.400 ! 45.00 980100-26310-CRE ROMEX 10/2 WIRE $0336 I 5.00 781747-15230-CP.E 1/2" EMT SS CONN $0.199 Total $7.89 $0.76 $10.95 $0.22 $1.03 $1.64 $0.51 $57.02 $25.78 $10.08 $40.80 $15.12' $I.0~ Labor - * Material Sub-total I 2.75 Labor-R~-l.0 Labor-R~. 1.0 $26.000 i 3.00 Labor-Reg-l.0 Labor-Reg-l.0 $26.000 I 2.75 Labor-R~- 1.0 Labor-Reg-l.0 $26.000 $172.80 $71.50 $78.OO $71.50 Labor Sub-total $221.00 Invoice Subtotal $393.80 Invoice Subtotal $393.80 Sales Tax $23.63 Total Invoice $417.4~ All accounts due 30 days, Accounts not paid in 30 days will be charged t 1/2=% finance charge. Minimum charge 50~. Customer responsible for collection. MooreF& Sons HEATING AND AIR CONDITIONING 483 S. Blackjack Road * Galena, IL 61036 (815) 777-6202 or (815) 747-3373 Z CUSTOM~:R PHONE DATE STREET C~TY ~AN. ~A~Y~ AND ~AY~A~ A~OUNY GEN GEN GEN GEN GEN 09118100 ~ 01172 ~VOZ~ ~ ' ~/201~ ~TX~ CURRENT XNVOXCE XNVOXOE DATE ' '.XRVOXCE NO. -* dOB AP, CT.HO. dOB NAME 08/22/00 ~ ' 011723593386 / '. 001545 GEN TY ' L L UNXT , '~ XTEM DESCRXPTXON QUAHTX ~ EA ~' 000010167 24X18 HA~T OAK VAN W/TOP C10124A1 I' EA 000012220 TACOUA WALL CAB 12" ~ EA 000012795 TACOUA WALL CAB 30" 1' ~ EA 000012892 TACOMA WALL CAB 36' 1. ~ EA / .'LCO0012933 ;: T~TAX~A WA~.L CAB W3018 W3018I · 1.~' '~-.% · EA ="~ = y 000013254 %~TACO~ WALL 'CAB W3615 ' ? W3615 1 EA , '~ 000013361 ,~; TACOMA CNR WALL ~ ,"~/2430 ~' ' EA . ~ '~-" 000013718 ~TACOJ~ B~SE CAB 30 ~1' .~; ~ ~ ;~ 000013778 ,¥TACOM~ BASE CAB 36' ' ~ . .'B38 1' ~'. ' EA-~.~ 000013956 '' TACOM~ BLND BA~E 36/99' 'BLB36139 ~' ~ -~ EA;::;'*';~ 000112800 *CKTflTOP Wf~TXGUE MOONLGT 8'4757T8 to F-~ ~, ' 000112803 '~CIfI~[TOP MYSTIQUE MOONLIT 6 LB41 1' EA '~ ',,.~- 000112807 CNTRTOP MYSTXQUE MOONLGT 6 RM4; 2. ' F,~":~c',000112817 MYSTIQUE MOONLZGHT END CAP KlrT , . ~. · ~:~*~- SALES TAX · ' -~* '"' DELXVERY CHARGE ZNVOZeE DATE Z~ ~. '*' JOB'ACCT.NO. dOB NNdE ~,8..~., . co,~5 sEN '- - . [~,:~,~00087083. ~.J GLU MX)O~TR 01172~6494507- r' 001545 'GEN 8NXT ~ - XTEM DESCRXPT~Ofl ..... EA ., 000024420 BALLCOCK 12 TKLP PP23010 _-..: EA ~' 000024466 FAUST HOLE COVER LPP21501PP815-1 EA 00002446~ FCT HIE COVR ~NP LPP21511PP815-11 EA 000024650 P-TRAP PVC 1-1/2'LPP20940/PP940 EA 000025002 11/2XI2EX'rBE SL JT . LPP205512 EA 000025032 16'ENO OUT CT WAST LPP20925/PP925 EA 000030361 1-5/8 BRZGHT A/T DRYWALL NAIL 51.B -1 BOX --- -000060038 '- DR'~r~ALL ~,"'RI~/ COARSE 2' ~ILB SALES TAX ZNVOX¢E DATE XNVOX¢E NO. dOS ACCT.NO. JOB NAME 09/20/00 011726494558 001545 GEN QUANTXTY UNXT XI'F~ DESCRXPTZON 2 EA 000026314 408 W/HTR NTGAS SYR 6NVZROTEUP SALES TAX DEL[VERY CHARGE XNVOXCE DATE XNVOXDE NO. JOS A~ST.HO, JOB NNE 09/21/00 011726594573 001545 GEH QUANTXTY UHXT XTEM DESGRXPTZOH 2 EA 000026302 408 W/HTR ELEC 6YR ENV~RO DBL/ELE SALES TAX AMOUNT SNXT PRXOE *' ~ ' EXT PRXCE 89._09~;"," 89.00 s,,47 .1- 8,.47 99,47 /f~l,;'g,~' 99.47 109.88 ' 109,88 '79.~ 86.96 120.00 ~,149.50 '; IRJZT PRICE P.O. NUMBENS~ UNIT PRICE 8,71 0,98 1.68 2,25 4.10 5,53 TOTAL: P.O. NUMBERS UNXT PRXCE 148,00 TOTAL: P.O. NUMBERS UNXT PRXCE 138,00 TOTAL: 20.00 46.31 46.31 16.86 82.04 20 · O0 :~. I ~469.41 PuRcHASED BY PRXCE 69.98 -7.46 6.97 5.52 $97.49 'ORS~D BY EXTPRX¢E 8.71 1.28 0.98 1.68 2.25 4.10 5.53 2.77 1.64 528.94 PURCHASED BY VZCK! BECHEN EXTPRZCE 200.00 17.76 20.00~ $333.76 PURCHASED BY VXCK! SECHEN EX"; PRZOE 276.00 16.56 $292.56 0ct23,2000 2741-43 Jackson Dub., h. 52001 Replace pump and fitting in basement-dug out mud from pit (motor was full of water and water came in too fast) Labor - Tim Wood $78.00 Material 105.00 4.69, $191.16 sub-total Clean out basement; mud on pbni~, old plastic on floor, old water heaters etc. and haul oi~ re-lay new plastic on floor. Labor- Tim Wood 88.00 JBC Services-- help with clesning out basement 184.00 $489.85 Use Your ,-~',~'\ BIG C~RD ~ REBATE Dubuque Store 3925 DodBe Street Dubuque. IA 52003 (319) 556-5222 Sale Trensact 1on 16X25X1 FIBERGLASS F 63312~0 12 90.49 WINDOW-CONTROL KIT 2219035 WINDOW-CONTROL KIT 2219035 WINOOW-CONTROL KIT 2219035 WINDOW-CONTROL KIT 2219035 1.5 VOLT BATTERY 1/C 2109527 1.5 VOLT BATTERY 1/C 2109527 PRIVLOCK P/B BELG05 221402~ SCREW ~ALV~NIZEO 1-1 2.296359 ', ' PLEATE.~ :F, XLTE.q :16X25 : 633107~ 3 81.96 : 6~1L 8'XZOO'.BLACK P '~, *' 16!~3~''~' , ' , ~CT 8PK RAYOWC ,~ ,.~ . .... 21o73~5 : ; 1- I/2"PLAST~'C CHECK 6911546 b,C~r2 ~,~3.~, 6891925 1/2HP C~ET PUNP FPSC 6913395 5.88 1.49 1.49 ~1.49 1.49 0.88 0.88 12.35 2.79 5.88 25.19 '~ 9.98 4.69 0.47 108.00 TOTAL 182.95 TAX AT 6~ 10.98 TOTAL SALE 193.93 VISA 1573 193.93 030148 EXP: 01/03 GUEST COPY The Cardholde~ acknovledges receipt of goods/services fn ithm total amount sho~n hereon and agrees to pay the card Issuer according to Its currdnt terms. THIS IS VOUR CREDIT C~O SALES SLIP PLEASE RETAI~ FOR YOUR RECORDS, NEN~ROS LOW PRICE GUARANTEE We Guarantee our lo~ prtces 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 reco~endation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 3. · 7. DESCRIBE ACCIDENT OR OCCURRENCE T CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) Name of Claimant: Addres s: ~0~ Telephone Number: Date of Incident: Time of Incident: 8. What were weather conditions like? ~ 9. Give name and address of any witnesses. 10. Did police investigate? (If SO, give names of officers.) 11. Was anyone injured? (If so, give name, address and extent of injuries.) 12. Was any ds]nage done to property? (If so, describe property and the extent of damage. Attach estimates of d~unages 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 ~oDI {Revised January. 2000) (Signature) (Print Name) CLAIM AGAINST THE. CITY OF This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOURCLAIM WILL OR WILL NOT BE PAID. 2. Address~ VD/ ~/rJ~..~c~A3 3. Telephone Number: %. Date 0~ Incident: 5. Time of Incident.' 9. ~ive n~e ~d aadress of 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? injuries.) (If so, give name, address and extent of 12. Was any d~mage done to property? (If so, describe property and the extent of dsmage. 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 ~mount paid.) What amount do you claim from the City Of Dubuque? 15. 16. 17. Why do you claim the City of Dubuque is responsible? - ,/ q - e~,yo e~ ~y ~ aga~ns~ ~one e~se ~or ~ges as a ~~ result of this incident~ ~ ~/~ If yes, give n~e ~d address: 18. .If the answe= ~o Question 17 is yes, ~a~e you ~eceived p~en~ f~om~that'~6urce, a~d'i~ so, in. what amount? Dated at' Dubuque~ Iowa, this ~-~ day of O~Z~q~<~ (Signature) ' (print Name) 01/03/2001 at 12:10 PM 24443 ABRA - DUBUQUE Federal ID ~:420782245 DBA: ANDERSON-WEBER INC 3400 CENTER GROVE DR DUBUQUE, IA 52003 (319)556-0696 Fax: (319)556-1899 Job Number: PRELIMINARY ESTIF~ATE Written by: KEN GREEN %24443 Adjuster: Insured: RONDA GOTTO Owner: RONDA GOTTO Address: 401 1ST ST S W EPWORTH, IA 52045 Day: (319)557-7222 Days (319)557-4388x722 Claim % Policy ~ Deductible: Date of Loss: Tyl)e of LOSS: Point of Impact: Inspect Location: Company: Days to Repair 1997 TOYO CAMRY LE 4-2.2L-FI 4D SED lB2 Int: Ir/N: 4T1BG22K4VU085001 Lic: 644 AXZ IA Prod Date: Air Conditioning Cruise Control Body Side Moldings Power Steering Power Locks Driver Airbag Bucket Seats Rear Defogger Intermittent Wipers Dual Mirrors Power Brakes Power Mirrors Passenger Airbag Recline/Lounge Seats Odometer: 68306 Tilt Wheel Tinted Glass Clear Coat Paint Power Windows Anti-Lock Brakes (4) Cloth Seats NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 FRONT DOOR 2* Repl LT Mirror assy power w/o heat, 1 131.92 0.6 0.0 Subtotals ==> 131.92 0.6 0.0 Parts 131.92 Body Labor 0.6 hrs @ $ 38.00/hr 22.80 SUBTOTAJ~ $ 154.72 Sales Tax $ 154.72 ® 6.0000% 9.28 GRAND TOTAL $ 164.00 ADJUSTMENTS: Deductible 0.00 01/03/2001 at 12:10 PM Job Number: 24443 PRELIMINARY ESTIMATE 1997 TOYO CAMRY LE 4-2.2L-PI 4D SED lB2 Int: CUSTOMER PAY $ 0.00 INSURANCE PAY $ 164.00 WARRANTY VALID ONLY WITH ORIOIONAL COPY OF YOUR RECEIPT PARTS SUBJECT TO INVOICE NO GUARANTEE ON RUST ALL PARTS NEW, UNLESS OTHERWISE NOTED Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide A~8509. Database Date 11/2000. Double asterisk(**) items indicate parts supplied by a supplier other t~ma% the origixmal equipment ~anufacturer. PoLuad sig~ (~) items indicate m~nual entries. CAPA items h~ve been certified for fit and finish by the Certified Auto Pmrts Association. NA~S Part Numbers, Prices and Labor Times are provided from National Auto Glass Specifications, Inc. Pathways - A product of CC~ Information Services Inc. This written report constitutes your claim against the Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Namae of Claln~ant: ~0~= h. :~ 3. Telephone Number: 3;q- - 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? ~a{k~,, - ~o~ ~efe~ 9. Give n~e and address of any witnesses. ~0n~ 10. Did police ~nvestlgate? (If so, give names of offl~.) c~ t~ 11. Was anyone injured? (If so, give name, address and ex~ent~f ~ injuries. ) ,~ 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 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 D~buque? 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? ~o 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 20 ~, (Signature) (Prlnt ~Name)' (Revi~ed January, 2000) Data: 01102101 11:42AM Estimate ID: 2853 Estimate Version: 0 Preliminary Profile ID: Mitchell LENNY VALENTINE & SONS, INC. 923 PERU RD DUBUQUE, IA 52001-3604 (319) 588-4659 Fax: (3t9) 588,46~0 TWO CONTINENTi~L F~AME M~CHINES GENESIS II COMPUTERISED MEASURING SYSTEM PRICE IS EASY TO BEAT/QUALITY IS NOT UNIBODY SPECIALISTS Damage Assessed By: DICK VALENTINE Deductible: UNKNOWN Owner RONNIE HESS Address: 749 VANDERE~ILT DUBUQUE, ~A 52003 Telephone: HomePhone: (3t9)583-3385 Mitchell Service: Description: 1991 Dodge Dynasty Body Style: 4D Sed 916526 Drive Train: 3.3L Inj 6 Cyl AD Line Entry Labor Line Item Part Type/ Item Number Type Operation Description Part Number Dollar Labor Amount Units I 900500 BDY* REPAIR * - Judgement Item COST OF REPAIRS EXCEEDS VALUE Existing I. Labor Subtotals Labor Summary 0.0 Ill. Additional Costs Total Additional Costs Units Rate Add'l Labor Sublet Amount Amount Totals 0.00 Amount 0.00 II. Pert Replacement Summary Total Replacement Parts Amount IV. Adjustments Customer Responsibility Amount 0.00 Amount 0.00 ESTIMATE RECALL NUMBER: 01102101 t1:38:28 2853 UitraMats is a Trademark of Mitchell Intarnational Mitchell Data Version: DEC_00_A Copyright (C) t994 - 2000 Mitchell Intarnational UltraMata Vemion: 4.6.004 All Rights Reserved Page I of 2 01/02/2001 at 05:25 PM 30799 Job Number: BRIMEYER AUTO BODY License #:30799 Federal ID #:421438480 10727 JOHN F. KENNEDY RD DUBUQUE, IA 52001 (319)583-4456 Fax: (319)583-1838 pRELIMINARY ESTIMATE written by: ERIC WINCH Adjuster: Insured: RONNIE HESS Owner: RONNtE HESS Address: 749 VANDERBILT DUBUQUE, IA 52003 Day: (319)583-3385 Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Inspect Location: Company: Days to Repair 1991 DODG DYNASl~ 6-3.3L-FI 4D SED WHITE Iht: VIN: 1B3XC46R8MD252727 Lic: Prod Date: Rear Defogger Intermittent Wipers Body side Moldings Bumper Guards Clear Coat Paint Power Steering Power Trunk Driver Airbag Odometer: Tinted Glass Dual Mirrors Power Brakes cloth seats NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT i FRONT BUMPER 2 R&I Bumper cover 0.8 3* Rpr Bumper cover 2.5 2.2 4 Add for clear Coat 0.9 5 Repl Bumper cover cushion 1 50.50 6 FENDER 7* Rpr LT Fender w/o corner lamp 2.5 3.0 8 Add for clear Coat 1.2 9 Repl LT Side molding front bright, 1 10.25 0.3 10 Repl LT side molding wheel opening 1 30.50 0.3 11 FRONT DOOR 12' Rpr LT Door shell 3.0 2.5 13 Overlap Major Adj. Panel -0.4 14 Add for Clear Coat 0,4 15 Repl LT Mirror electric remote 1 151.00 1.0 16 REAR DOOR 17 Repl LT Molding side except LE, adh 1 19.75 0.3 18 QUARTER PANEL 19' Rpr LT Outer panel 8.0 1.7 01/02/2001 at 05:25 PM Job Number: 30799 1991 DODG DYNASTY 6-3,3L-FI 4D SED WHITE Iht: NO. OP. DESCRIPTION Ql~F EXT. PRICE LABOR PAINT 2O 21 22 23 24 25 26** 27 28** 29 30 31# 32# Overlap Major NOn-Adj. Panel I -0.2 Add for Clear Coat 0.3 Repl LT Extension outer 1 72.50 0.7 Repl LT Molding side rear chrome, a 1 10.75 0.:3 REAR BUMPER O/H rear bumper 1.;7 Repl RECOND Bumper cover 1 156.00 Incli. 2.2 Add for Clear Coat 0.9 Repl A/M Impact strip 1 34.00 Incl. REAR LAMPS Repl LT Tail lamp assy 1 93.50 0,~4 **COST OF REPAIRS EXCEED 1 THE VALUE OF THE VEHICLE** 1 subtotals ==> 628.75 21.8 14.7 Parts Body Labor Paint Labor Paint Supplies Body Supplies 628.75 21.8 hrs @ $ 40.00/hr 872.00 14.7 hrs 8 $ 40.00/hr 588.00 14,7 hrs ~ $ 25.00/hr 367.50 16,0 hrs ~ $ 2.50/hr 40.00 SUBTOTAL $ 2496.25 Sales Tax $ 2088.75 ~ 6.0000% 125.33 GRAND TOTAL $ 2621.58 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 2621.58 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide DEJPF88. Database Date 10/2000. Double asterisk(**) items indicate parts supplied by a supplieF other than the original equipment manufacturer. Pound sign (#) items indicate manual entries. CAPA items have been certified for fit and finish by the Certified Auto Parts Association. NAGS Part Numbers, Prices and Labor Times are provided from National Auto Glass Specifications, Inc. Pathways - A product of CCC Information Services Inc. DRIVER EXC'HANGE INFORMATION Dubuque Police Department (319) 589-4410 Unit 001 Driver's Name - Last First Middta Suffix Work Phone Home Phone Address City State Zip Code Date of Sirth Gender License Number Classri-ype License State License Endorsements License Restrictions NONE NONE Restrictions/Eodorsementa Complied With? insurance Company Owner's Name - Last First Middle Address City Year Make Model Style Ptata State P[ath Year Plata Number VIN Number Insurance Policy Number Insurance Company's Phone Number Suffix Company Owner's Name State Zip Code Approximate Cost to Repair or ReplAce $0.00 Vehicle Type Damaged Area(s) of Vehicle Unit 002 AddressDdver's Name - Last First City Middle StateSUffiXzipW°rkcodePh°ne Date of (3'19)H°meBir[h 582-1043Phone x Gender License Number CiassFFype Restdctions/Endorsementa Complied With? Insurance Company FARMERS INSURANCE License State License Endorsements License Restrictions NONE NONE Insurance policy Number Insurance Company's Phone Number 11029847883 (3'19) 583-8881 x Middle Suffix Company Owner's Name Owner's Name - Last First LEIBFRIED GERALDINE Address City State Zip Code Approximate Cost to Repair or Replac~ 2820 PINARD DUBUQUE IA 52001- $300.00 Year Make Model Style Vehicle Type t996 DODG NEON PLDS42 4D Passenger Car Plate State Plate Year Plate Number ViN Number Damaged Area(s) of Vehicle L IA 200'1 352AWC 1B3ES47ClTD600158 07 ~ Unit 003 / ~river's Name- Last First Middle ddress City Gender License Number CtassFFype Restrictions/Endorsements Complied With? Insurance Company HERRIG INSURANCE HESS RONNIE 749 VANDERBILT 1991 DODG DYN Suffix Work Phone Home Phone (319) 583-3385 X State Zip Code Date of Birth Middle L NONE NONE 4106418501 (319) $56-1499 x City State Zip Code Approximate Cost to Repair or Replace DUBUQUE IA 52003- $700.00 Style Vehicle Type 4D Passenger Car YIN Number Damaged Area(s) of Vehicta '1 B3XC46RSMD252727 05,06,07 Printed At: Dubuque Police Department Page l Case #: 00-47403 County Accident occurred within corporate limits of (city) Du,btJque - 3t Dubuque - 2100 ~ Literal Description "NIA" X Coordinate Y Coordinate "NIA" ["NIA" if Accident Occurred Outside of ~ Direction Nearest City City Limits ShoW General Vadnity "N/A .... ] N/A" of j NIA On Road, Street or Highway Road Class At ~ntersecfion With |Road Class "NIA .... J N/A" 200 Ft 5-S and "N/A .... NIA" of "N/A" or Definable Intersection, Bridge, or Raifioad Crossing CENTRAL AND 12TH STREET ' 66A I Officer*s Name Badge No Case NO Date of Accident Time of Accident HAUPERT DAVE 00-47403 12/2912000 I 22:1'1 Printed At: Dubuque Police Department Page 2 Case #: 00-47403 CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the city of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and reco=~endation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. 3. Telephone Number: 4. Date oM InCident:. 5. Time of Incident: THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 6.Looation Of incident, speo f o 7. DESCRIBE iCCID~ OR OCC~R~cE T~T ~US~ INJURY OR D~OE, (Give full details upon which y~ base your claim. If a City ~loyee was involved, ~ive the ~ployee's n~e.) 8. ~ae were weaeher conditions like~ 10. Did police ~nv~s~iga=e~ (I~ so, give n=~ of offic~r~.) 11. Was anFon~ injur~a~ (~f so, giv~ n~e, address and ex~nt of inj uri~. ) 12. Was any d~age done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. 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 ~a~e and address of insurance company and amount paid.) 15. What amou.nt do you claim from the City of Dubuqu!'.7/4' 16. ~y do you claim the City of D~u~e is responsible? result of this incident? ~0 If yes, give name and address: 18. If the answer to Question !7 .is~yeq~ h.&Ye you received any ' pa~enfi fr~ that'source, and if so, in what amount? Dated at DubuqUe, Iowa, 20 ~/ (Print (Revised January, 2000} TIRE & AUTO SERVICE INC Depend on us! CLAIM AGAINST THW. 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 Cls~m 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 '£~ AbT~ORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 2. 3. 4. 5. 6. Time of Incident: Fh0~6~m~ Location of incident. oo0 (Ee specific)' 7. DESCRIBE-~CCIDENT OR oCcuRRENCE' T~AT CAUSED INJURY OR DAMAGE, (Give full. details upon.which-you base-your claim. If a City employee was involved, give the employee,s name.) - 8. What were wea=her =onditions llke? J~/e~ ~;J 10. Did ~olice inves=igate~ (If so, ~ive n~es of officers.) 11. (If so, Was a:Yone injured? injuries. ) give name, 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 aanount paid. ) 15. What amount do you claim from the City Of DUbuque? Why do you claim the City of Du]~uque is responsible? 16. 17. Have, you made~ any.: claim agains~ .anyone else for damages as a result of this incident? ~xJO . ' If yes, give name and address: 18. .If the answer tO Question 17 is ~es,. have ~ou received any Dated at' Dubuque~ Iowa, this' (Revise~ January, 2000) (Print Name) CLAI~ AGAINST %'ES CITY OF DUBUQT~~ ~ ~icritten report ~onst!tu.t:~,,',~ your claim aga~nst the City o£ You should con~pl~te this fo~ in full and attach 'l:he~ C!ai~a must be filed with the City Clerk a~ City Hall, 50 b~ast ].3th Street, Dubuql/e, Icwa 52001-4864. It will then be r~fcrred by th~ C~ty Council ~o tbs appropriate D~partment for inva~J:igat.5on. Once that inveutig~tion is co~leted, a report and recc.~enc{ation will be submitted to the City Codicil. You will be p~'ovid, ed ~ith a copy of that r~port and rec~endatlon. DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. THE CI~ OF DUBUQSE ~%S THE A~HORITY TO ~E ~ TO YOU AS TO ~TEER Y0~ C~%M WILL OR WILL NOT BE 6. ACCIDENT OR OCC~I{~;NC~ TH~.T CAUSED INJLTRY OR D~GE. WSm involved, give the e~ployee's n~e.) w.~'e w,at~er oond~t..vo~a ilk*? and addre~ of any witnesses. police ~nva~t~.qat~? (If so, 9ire names of offi~ers.) anyone i~jured? (If ~o, give name, addre~ and extent of J~N-04-Oi THU 0i:35 PM DUBUQUE OiTY CLERK FA× NO, o1958~0890 ?, 02 13. ~., .~ f~%y d~'? done %0 prc. pe£ty? (If Ko, describe proper~y and ~h~ extent of d~.~9'~. A~t~oh est~s of d~age~ o~ $~ha~. o'l':h~:~:~ d~_~a.cjee do yo¥: claim, if any? ......... ~ ................. ~ ,~ . ~I~ve yo~ b~r~ ~omp~u~a~e~{ for any part or ~].1 o~ you~ cla~u by 15. What z~%ount do you cl:ai~ from the. City of Dubuque~ .............. ....... !7. Bav~ you ~de aby. elai~ a~a~.~at ~yone el~e fo~ d~ages as a ~ult of this ~,ctdent If yes, give n~e 18. the a~wer to Queation 17 is yes, have you ~eeeived any ~?ay]'~ent fr.~ t~'iat source, and ~f' ~ 'enbnqnL~ 2000) 81. Date: 114/01 02:52 PM Estimate ID: 4345 Esitmate Version: 0 Prelimin;~ry Profile ID: CUSTOMIZED Add'l Labor Sublet LaborSubtotals Units Rate Amount Amount Totals Body 2.2 40.00 0.00 0.00 88.00 T Refin~h 3A 40.00 0~0 0.00 136.00 T Taxable Labor Labor Tax ~ 6.000 % Labor Stmmtmy 5.6 224.00 237.44 II. Pa~t Replacement Summary Taxable Parts Sales Tax ~ Total Replacement Parts Amount 6.000% Additional Costs Non-Taxable Coats Total Additional Costs Amount IV. Adjustments 91.12 Customer ResponsibSity 91.12 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. PARTS PRICES ARE SUBJECT TO CF~NGE 770.50 46.23 816J3 Amount 0.00 257.44 816.73 91.12 1,145.29 0.00 t,145.29 ESTIMATE RECALL NUMBER: 114/01 14:41:37 4345 UltrsMate is a Trademark of Mitchell International Mitchell Data Version: DEC._00_A Copyright (C) 1994 - 2000 Mitchell International UltrsMate Version: 4.6.004 All Rights Reserved Page 2 of Date: 114/01 02:52 PM Estimate ID: 4345 Estimate Version: 0 Preliminary Profile ID: CUSTOMIZED BIRD CHEVROLET 3255 UNIVERSITY AVE. P.O. BOX 57 DUBUQUE, IA 52001 (319) 553-9121 Fax: (319) 556-4482 Damage Assessed By: JOHN KLOTZ JR. Deduetible: UNKNOWN Owner JOHN VOLLENWEIDER Address: 3453 GLENCOVE DUBUQUE, IA 52001 Telephone: Home Phone: (319) 588-1039 Mitchell Service: 913493 Description: 1996 Chevrolet Monte Carlo LS Body Style: 2D Cpe VIN: 2GIWWI2MTT9101134 Mileage: 29,395 Color: RED Drive Train: 3.1L Inj 6 Cyl AO Ucense: 253AXL Line Entry Labor Item Number Type Operation Line tiem Description Part Typ~ pert Number Dollar Labor Amount Units I 300024 BDY REMOVE/REPLACE 2 AUTO REF REFINISH 3 300026 BDY REMOVE/REPLACE 4 300027 BOY REMOVE/REPLACE 5 300033 BDY REMOVE/REPLACE 6 302006 BDY REMOVE/REPLACE 7 AUTO BDY CBECKIADJUST 8 300070 BDY REPAIR , 9 AUTO REF ADD1. OPR 10 AUTO ADD'L COST '11 AUTO ADD'L COST BUMPER/GRILLE COVER BUMPER/GRILLE COVER UPR BUMPER/GRILLE MOULDING LWR BUMPERIGRILLE MOULDING BUMPER/GRILLE EMBLEM R COMBINATION LAMP ASSEMBLY HEADLAMPS R COMBINATION LAMP MOUNTING FRAME CLEAR COAT PAINT/MATER/ALS HAZARDOUS WASTE DISPOSAL * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc 10186940 10178403 '10176789 10254988 10420376 Existing GM PART GM PART GM PART GM PART GM PART 338,00 1.5 C 2.4 132.00 INC 48.25 INC 17.25 INC # 235.00 0.3 0A 0.0'# 1.0 88.40 * 2.72 * ESTIMATE RECALL NUMBER: 114/01 14'41:37 4345 UitraMate 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 I of 2 SHOP CONTACT: YAGER AUTO BODY INC 4488 DODGE STREET DUBUQUE, IA 52003 FEDERAL ID # 42-1131724 PHONE: 319-557-7376 FAX: 319-557-1709 CD LOG NO 0004601 DATE 01/04/01 JAMIE YAGER Page INSP DATE 01/04/01 OWNER JOHN VOLLENWEIDER ADDRESS 3453 GLENCOVE LN CITY STATE DUBUQUE IA ZIP 52002 HOME PHONE WORK PHONE INS CO CONTACT CLAIM# PHONE POLICY# CLAIM REP LOSS DATE DEDUCTIBLE 1996 CHEVROLET MONTE CARLO/LS 2DR COUPE LIC# VIN BODY COLOR MILEAGE (319) 588-1039 (319) 2G1WW12M7T9101134 DAMAGE REPORT LINE REPAIR DESCRIPTION 1 REPLACE NEW PART 2 REFINISH 3 REPLACE NEW PART 4 REPLACE NEW PART 5 REPLACE NEW PART 6 ADDN'L OPERATION 7 REPAIR/ALIGN AD J% FRONT BUMPER COVER FRONT BUMPER COVER FRT BUMPER COVER MLDG FRT BMPR COVER EMBLEM RIGHT HALOGEN HEADLAMP AS HEADLAMPS AIM RIGHT HEADLAMP MTG BRKT PARTS$ 338.00 132.00 17.25 235.00 LABORS 76.00 140.00 8.00 12.00 20.00 20.00* TOTALS PARTS PAINT MATERIAL BODY LABOR-SM MECH/ELEC LABOR-ME FRAME- FR LABOR REFINISH-RF LABOR SUBLET TOWING STORAGE TAX ESTIMATE TOTAL 722.25 87.50 136.00 .00 .00 140.00 .00 .00 .00 59.90 1,145.65 Public Improvement Claim Pursuant to Iowa Code Chapter 573 To: City of Dubuque, Iowa Hon. Terry Duggan, Mayor Members of the Dubuque City Council Dubuque City Clerk Regarding: Fifth Street Parking Ramp Expansion Amount of Claim: $36,322.00 Claimant: Walser Movers, Inc. State of Iowa ) ) SS. Dubuque County ) I, Robert J. Walser, President of Walser Movers, Inc., depose and state that the following statement is true to the best of my knowledge and belief, and is made of my personal knowledge by reason of the relationship aforesaid: That on the dates set forth on the itemization of account in the attached Exhibit "A" (which is made a part hereof by this reference), Walser Movers, Inc., herein referred to as the Claimant, furnished equipment and labor for the Public Improvement Project known as the Fifth Street Parking Ramp Expansion. The City of Dubuque, Iowa, acting through the City Council of Dubuque, Iowa, is the entity authorized by law to let contracts for such public improvement. The itemization attached reflects all dates and amounts contracted for, which were supplied in good faith, and for which payment is rightfully owed, and reflects all payments and credits applicable. The balance now due and owing is the amount of $36,322.00, which has been invoiced to Able Constructors, Inc., but has not been paid by them. Attached to this Claim as Exhibit "B" (and made a part hereof by this reference) are copies of the original invoices provided to Able Constructors, Inc. for the equipment and labor provided. For reference, it is Claimant's understanding that Able Constructors, Inc. is in mm a subcontractor for Conlon Construction, Inc., which is the general contractor for this public improvement project. Robert J. Wals~4/Pre~ider~t- Walser Movers, Inc. The preceding was subscribed in my presence and sworn to before me by Robert J. Walser, President of Walser Movers, Inc., to me personally known, on the 3v/fi' day of January, 2001. Notary Pubic in and for the State of Iowa. 7-6 7-10 7-11 7-12 7-13 7-14 7-17 7-18 7-28 7-31 8-1 8-2 8-3 8-4 8-7 8-8 8-9 8-16 WALSER CRANE SERVICE 525 E. 19th Street Dubuque, Iowa 52001 (319) 583- 5735 FAX 583-5736 · .~.- ~. ,-' , ~1~1, PAGE ONE: ABLE CONSTRUCTORS ~ PARKING RAM~ 8¼ hrs. lOOton crane @ $215.00 hr. 7 hrs.lOOtoncrane @ $215.00 hr. 6¼ hrs. lOOton crane @ $215.00 hr. 8 hrs.lOOtoncrane @ $215.00 hr. 6 3/4hrs. lOOtoncrane@ $215.00 hr. 1½ hrs.lOOtoncrane @ $215~00 hr. 9 hrs.lOOtoncrane @ $215.00 hr. 8½ hrs.lOOtoncrane @ $215.00 hr. 7 hrs. 40toncrane @ $130.00 hr. 4!= hrs. 40ton crane@ $130.00 hr. 3½ hrs.lOOtoncrane @ $215.00 hr. 8 hrs.lOOtoncrane @ $215.00 hr. 10½ hrs.lOOtoncrane @ $215.00 hr. 9 hrs.lOOtoncrane @ $215.00 hr. 9 3/4hrs.lOOtoncrane ~ 3/4hrs.lOOtoncrane 7 hrs. RO Crane 9 hrs.lOOtoncrane 2 hrs.lOOtoncrane @$215.00 hr. @$215.00 hr. @$ 80.00 hr. @$215.00 hr. @$215.00 hr. 3½ hrs. 40toncrane @130.00 hr. 1,773.75 1,505.00 1,343.75 1,720.00 1,451.25 6,020.00 322.50 1,935.00 1,827.50 4,085.00 910.00 685.00 752.50 1,720.00 2,257.50 1,935.00 8,160.00 2,096.25 2,096.25 565.00 1,935.00 430.00 7,1f'7.50 455.00 #3501~ #3504C #35O51 #35107 #35124 #3515E EXHIBIT "A" WALSER CRANE SERVICE 525 E. 19th Street Dubuque, Iowa 52001 (319) 583- 5735 FAX 583-5736 8-21 8-22 8-23 8-24 8-25 8-28 8-29 8-30 8-31 9-1 9-8 9-9 9-11 9-t2 9-13 I 3/4 hrs. lOOtoncrane @ $215.00 hr. 6 hrs. lOOtoncrane't@ $215.00 hr. 10 hrs. lOOtoncrane @ $215.00 hr. 9 hrs. 100toncrane @ $215.00 hr. 8 3/4 hrs. 100toncrane @ $215.00 hr. 10 hrs. lOOtoncrane @ $215.00 hr. 7 I/4 hrs. lOOtoncrane @ $215.00 hr. 8 1/4 hrs. lOOtoncrane @ $215.00 hr. c 4 hrs. lOOtoncrane @ $215.00 hr. 4 hrs. 40ton crane @ $130.00 hr. 3 I/2 hrs. 25ton crane @ $105.00 hr. 3 hrs. 40ton crane @ $130.00 hr. 3 hrs. 25ton crane @ $105.00 hr. 9 3/4 hrs. lOOtoncrane @ $215.00 hr. 7 1/2 hrs. lOOtoncrane @ $215.00 hr. 7 1/2 hrs. oper. o:t. @ $ 19.00 hr. I0 hrs. lOOtoncrane @ $215.00 hr. i3 1/4 hrs. lOOtoncrane @ $215.00 hr. Rental of 18ton crane 1 week 9-2I to 9-28 4 hrs. 35ton crane @ $110.00 hr. Fuel Charge Rental of 18ton crane 376.25 1,290.00 2,150.00 1,935.00 5,751.25 1,881.25 2,150.00 1,558.76 1,773~75 860.00 520.00 367.60 9,111.25 390.00 315.00 705.00 2,096.25 ~,612.50 142.50- 2,150.00 2,848.75 8,850.00 1,817.00 440.00 35.00 #35177 #35209 #35233 #35253 #35254 #35255 #35317 EXHIBIT "A" WALSER CRANE SERVICE 525 E. 19th Street Dubuque, iowa 52001 (319) 583- 5735 ~, ~g PAGE THREE: -'-..'~ ~'" ~ABLE CONSTRUCTORS ~ PARKING RAMP FAX 583-5736 10-23 I0-24 10-25 10-26 10-27 10-30 10-31 11-1 11-2 11-3 II-22 3 hrs. lOOton crane @ $215.00 hr. 2 hrs. lOOton crane @ $215.00 hr. 7 I/2 hrs. lOOton crane @ $215.00 hr. 7 3/4 hrs. lOOton crane @ $215.00 hr. 8 hrs. lOOton crane @ $215.00 hr. 8 1/2 hrs. lOOton crane @ $215.00 hr. 6 hrs. lOOton crane @ $215.00 hr. 8 3/4 hrs. 100ton crane @ $215.00 hr. 9 hrs. lOOton crane @ $215.00 hr. 9 3/4 hrs. lOOten crane @ $215.00 hr. 2 hrs. 40ten crane @ $I30.00 hr. 645.00 430.00 1,612.50 1,666.25 4,353.75 1,720.00 1,827.50 1,290.00 1,881.25 1,935.00 2,096.25 10,750.00 260.00 #35433 #35447 #35534 Sept. Oct. 14, 2000 23, 2000 TOTAL OF ALL INVOICES: PAYMENTS Invoice #35012, #35040 Invoice #35051, #35107, #35124, #35158, #35177, PAID: 7,793.75 25,568.75 $ 33,362.50 BAEANCE LEFT: $ 69,684.50 $ 36,322.00 EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" ~ >~m 9 EXHIBIT "BI' EXHIBIT "B" EXHIBIT "B" EXHIBIT {=2> ~oBoB~~ ~ EXHIBIT "B" ~m BARRY A.. LINDAHL, CORPORATION COUNSEL MEMO To: Date: Mayor Terrance M. Duggan and members of the City Council -January 9, 2001 Claim of CDI.Excavating Incorporated Claimant Date of Claim Date of Loss Nature of Claim CDI Excavating Incorporated 12/18/00 10/19/00 property damage This is a claim for damages to a 4" fiber-optic conduit that was damaged in a construction accident on the Third Street Parking Ramp project when a utility trench was hit while the shoring contractor was driving H-piles into the ground. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Ms. Cindy Steinhauser cc - CDI Excavating Incorporated 196 CYCARE PLAZA DUBUQUE IOWA 52001 T~LE 519 585-4113 FAX 319 585-I040 e-mall b~lesq~mwci.net BARRY A. LINDAHL~ SQ~- Co KPOKATI ON COUblSE MEMO To: Date: Mayor Terrance M. Duggan and members of the City Council January 9, 2001 Claim of the Dubuque Rescue Mission Claimant Date of Claim Date of Loss Nature of Claim Dubuque ReScue Mission 12/8/00 lO/19/O0 elevator damage This is a claim for damages to the elevator at the Dubuque Rescue Mission, which it incurred when it became necessary to shut it down because of a gas leak caused by a construction accident on the Third Street Parking Ramp project. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. '_ O -- BAL/cg cc - Ms. Cindy Steinhauser cc - Mr. Murray E. Phillips Director, Dubuque Rescue Mission 196 CYCARE [PLAZA DUBUQUE IOWA 52001 BARRY _Ax. LINDAHL, CORPORATION COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Date: 'January 9, 2001 Claim of Ellen's Floral Gallery Claimant Date of Claim Date of Loss Nature of Claim Ellen's Floral Gallery 12/18/00 10/19/00 loss of business This is a claim for loss of business sustained by the claimant due to a construction accident on the Third Street Parking Ramp project when it became necessary to close the business for a short period of time because of a gas leak. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa.Communities Assurance' Pool. BAL/cg cc - Ms. Cindy Steinhauser cc - Ms. Ellen Willis 196 C¥CARB PLAZA DUBUQUE IOWA 52001 TELB 519 583-4113 PAX :$19 583-1040 c-mall b~tlesq(~mwci.net BARRY A. LINDAHL~ CO KPORATION COUNSEL MEMO To~ Date: Mayor Terrance M. Duggan and members of the City Council 'January 9, 2001 Matthew D. Germain Claim claimant Date of Claim Date of Loss Nature of Claim Matthew D. Germain 12/27/00 12/21/00 vehicle daxaage This is a claim for daluages to the claimant's car, which it sustained when a City snow plow threw snow on it. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. cc - Mr. cc - Mr. Don Vogt John Klostermann Matthew D. Germain 196 CYCARE PLAZA DUBUQUE IOWA 52001 TELE 519 583-4113 PAX 319 583-I040 e-mail bdlcsq(~raxvci.net BARRY A. LINDAHL, CO KPORATION COUNSEL MEMO Mayor Terra. ce M. Duggan To: and members of the City Council 'January 9, 2001 Claim of Qwest Date of Claim Date of Loss Nature of Claim (}west 12/18/00 10/19/00 property damage This is a claim for the repair of a 25-pair buried cable that was damaged in a construction accident on the Third Street Parking Ramp project when a utility trench was hit by the shoring contractor while driving H-piles into the ground. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Co~unities Assurance Pool. . BAL/eg cc - Ms. Cindy Steinhauser cc - Qwest Claims 196 CYCARE PLAZA DUBUQUE IOWA 52001 T~LE 319 583-4i13 FAX 319 583-I040 e-mail b~lesq~mwci.net BARRY A- LINDAHL, CoKPOKATION COUNSEL MEMO To: Date: Mayor Terranee M. Duggan and ~mm~ers of the City Council 'January 9, 2001 Silver Dollar Cantina Cla~m-~t Date of Claim Date of Loss Nature of Cla/m Silver Dollar Cantina 12/18/00 10/19/00 loss of business This is a claim for loss of business caused by a construction accident on the Third Street Parking Ramp project that caused the Cantina to be closed for a short period of time due to a gas leak. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa. Communities Assurance-Pool. BAL/cg cc - Ms. Cindy Steinhauser cc - Silver Dollar Cantina I96 CYCARE pLAZA DU8UQUE IOWA 52001 T£L£ 319 585-4115 FAX 319 585-I040 e-mail b~lesq~ra~¢i.net ][~ARR¥ A.. LINDAHL, CoKPOKATION COUNSBL MEMO Date: Fee: Mayor Terrance M. Duggan and members of the City Council 'January 9, 2001 Claim of Ellen Zelinskas Claimant Date of claim Date of Loss Nature of Claim Ellen Zelinskas 12/18/00 12/11/00 vehicle damage This is a claim for dax~ages the claimant's car sustained when it was hit by a City snow plow. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL/cg cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Ms. Ellen Zelinskas e-mail b~lesq~mwcl.net ]~ARRY A. LINDAHL, ~oKpOF. ATION COUH SEL MEMO Date: Mayor Terrance M. Duggan and members of the City Council 'January 9, 2001 Claim of Edward M. Kruse Claimant Date of Claim Date of Loss Nature of Claim Edward M. Kruse 12/22/00 12/20/00 vehicle d~unage This is a claim for damages to the claimant's parked vehicle, which it sustained when a City bus knocked off the driver's side rairror. According to the report of Mark Munson, Transit. Manager, the claim is correct as filed, and he.recommends payment. The Legal Department concurs and recommends that this claim, in the amount of $153.17 be paid by the Finance Director and submitted to ICAP for reimbursement. EAn/cg cc - Mr. Mark Munson cc - Mr. Edward M. Kruse 196 CYCABE PLAZA DUBUQUE IOWA 52001 TELE 319 585-4115 FAX 319 583- I040 e-re:il b;,lesq~rawci.net KeyLine Tx~nsit 2401 Central Avenue Dubuque, Iowa 152001-3302 (319) 589-4196 TO: Barry Lindahl, Corporation Counsel FR: Mark Munson, Transit Division Manager RE: Claim of Edward Kruse 12/20/2000 January 3, 2001 On December 20, 2000 KeyLine driver Robert Meloy was traveling North on White Street. A semi was also traveling the same direction in the west lane. The semi forced Meloy into a parked vehicle parked in front of the rectory at St. Mary's Church causing damage to the parked car's driver's side mirror Robert Meloy admits responsibility for the damage done to Mr. Kruse's car. The driver of the semi was not located. I recommend payment on this claim by Edward Kruse. Service People Integrity Restxmsibility Innovation Teamwork BARRY A. LINDAHL~ CO i~POIIATION COUlqS~L MEMO To: Mayor Terrance M. Duggan and members of the City Council Date: ~: Claimant · January 9, 2001 Claim of Gary and Susan Reiter Date of Claim Date of Loss Nature of Claim Gary and Susan Reiter 12/22/00 12/11/00 -vehicle damage This is a claim for' damages to the claimant's car, which it sustained when a City.snow plow knocked off the driver's side mirror. According to the report of Mr. John Klostermann, Street/Sewer Maintenance Supervisor, his records indicate that the.plows were in the area of the accident throughout the day. Although there is no record of the inoident, it is possible that this type of accident could have occurred without the operator's knowledge. He recommends payment of the claim. It is' therefore the recommendation of. the Legal that this claim, in the a~ount of $160.70 be paid by Director and submitted to ICAP for reimbursement. Department the Finance BAL/cg/Enclosure cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. and Mrs. Gary Reiter e-mail bilesq~mwci-net Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589~.~252 Januaw 8,2001 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. and Mrs. Gary Reiter. On December 11, 2000, Mr. Reiter notified us that a snow plow struck his vehicle on Loras Boulevard during a snowstorm. He also stated that he felt that the driver of the plow truck Was unaware of the incident. Our records show that we were out plowing at that time, and would have had trucks on Loras Boulevard throughout the day. Although we do not'have any record of this incident, it is possible that this type of accident could have occurred without the operator's knowledge. It is my recommendation to pay the claim as filed based on Mrs. Reiter's account of the accident. If you need any additional information concerning this claim, please contact me. Sincerely, ~~°eSwt eerrm~aninn t e n a n c e supervisor JLK/vle Service People Integrity Responsibility Innovation Teamwork THOMAS J. VII-SACK GOVERNOR OFFICE OF TI-IE GOVERNOR SALLYJ. PEDERSON LT. GOVERNOR December 18, 2000 Tara Winger 1145 Cleveland Avenue Dubuque, Iowa 52003-7511 Dear Tara: Thank you for contacting us regarding your legal difficulties. Under our Constitution, members of the Executive Branch have limited jurisdiction over matters pending in the court system. While we sympathize with your situation, we are unable to give individual legal advice. If you have not already done so, we would encourage you to seek legal advice to ensure that your best interests are represented. Best wishes and good luck. Thomas J. Vilsack Governor Sincerely, Sally J. Pederson Lieutenant Governor STATE CAPITOL DES MOtNES, IOWA 50319 515 281-5211 FAX 515-281-6611 CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Fischer Cold Storage Demolition Permit Building Services Manager Rich Russell is recommending approval of the issuance of the demolition permit for the demolition of the Fischer Cold Storage Warehouse and Carriage Building. Since the City Council awarded the demolition contract, staff issued the permit. I concur with the recommendation and respectfully request Mayor and City Council approval. ~chael C Van Mdhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Rich Russell, Building Services Manager January 4, 2001 TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager,s,,,/ RE: Fischer Cold Storage Demolition Permit CITY OF DUBUQUE, IOWA MEMORANDUM INTRODUCTION: Peterson Contractors, Incorporated (PCI) applied for and received the above-listed demolition permit on January 4, 2001. BACKGROUND: On August 7th, 2000 the City Council adopted an Ordinance that established a building permit moratorium for the Fourth Street Peninsula ROD Redevelopment Overlay District. That Ordinance allows the City Council to direct the Building Services Manager to issue permits that the City Council believes would not negatively impact the master planning process for the Fourth Street Peninsula ROD Redevelopment Overlay District. DISCUSSION: The permit application indicates that PCI will be performing demolition work under a contract awarded by the adoption of Resolution No. 608-00. The adoption of Resolution No. 607-00 approved the plans and specifications for this project. I have attached a copy of these resolutions for your review. The adoption of these two resolutions indicated to me that the City Council would support the issuance of this permit. CONCLUSION: I recommend that the City Council endorse the issuance of the permit. RESOLUTION NO.607 -00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, plans, specifications, and the form of contract were filed with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project. Whereas, notice.of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of December , 2000. / Torrance M. DugaaC//~ayor Attest: E.--'Jeanne F. Schneider, City Clerk RESOLUTION NO~08 -00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project pursuant to Resolution No. 570-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of November, 2000. Whereas, said sealed proposals were opened and read on the 12th day of December, 2000, and it has been determined that the bid of Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $166,100.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Peterson Contractors, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted December ,2000. Attest: this ] 8~ch day of Te~rrance M. Dugg~yor ~..Je~nne F. Schn'~ider, City Clerk RESOLUTION NO. 10 4~1 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM Whereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's qualifying lower-income families; and Whereas, the City has continuously provided housing assistance to Section 8 Housing Program tenants, since 1976; and Whereas, the U.S. Department of Housing and Urban Development has made funding available to encourage municipalities to implement innovative programs promoting the economic independence of lower-income fa~nilies, through cooperating efforts of the public and pdvate sectors; and Whereas, and in accordance with Section 403A.5 of the Iowa Code which states "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing available within the community is made public by the municipality or agency and is included in its recommendation for a housing project. Recommendations must receive majority approval from the local governing body before proceeding on the housing project." AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, which states in part that it must be determined whether or not there is a need for such housing assistance, taking into consideration any applicable State or areawide housing assistance plan as well as generally available data with respect to population, poverty, housing over-crowding, housing vacancies and substandard housing. An application may be approved only if this determination is in the affirmative; and Whereas, this application is consistent with the current Comprehensive Housing Affordability Strategy and Consolidated Plan for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque has determined there is a need for additional housing assistance and is knowledgeable of the status of available housing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby granted, Section 2. This resolution is intended to serve as the City of Dubuque's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to execute an application TO the U.S. Department of Housing and Urban Development for participation in the Section 8 Housing Voucher Program. Section 4. The City of Dubuque Housing Commission is hereby directed to conduct the necessary public hearing regarding this application in accordance with requirements of Chapter 403,A.28 of the Code of Iowa, to review and/or approve or suggest modifications of the plans for program design and administration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this ~ ~t ~lay of January, 2001. Attest: eann~ F~/SS~~y/'C~? CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Application for Section 8 Program Housing Vouchers Housing Services Manager David Harris requests approval of an application to the U.S. Department of Housing and Urban Development for 40 Section 8 Housing Program Vouchers. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager David Harris, Housing Services Manager cz CITY OF DUBUQUE, IOWA MEMORANDUM DATE: 8 January 2001 TO: FROM: Application for Section 8 Program Housing Vouchers INTRODUCTION The purpose of this memorandum is to request City Council approval of an application to the U.S. Department of Housing and Urban Development (HUD) for 40 Section 8 Program Housing Vouchers. DISCUSSION The City's Housing Services Department has administered HUD's Section 8 Rental Housing Assistance Program since 1976~ Under the Section 8 Program, income eligible families are assisted in the payment of their housing costs. Generally, program participants pay thirty percent of their adjusted income to the owner of their apartment; the voucher authorizes the municipal housing agency to subsidize the difference between this amount and the total rental costs, up to a maximum standard. Currently the Housing Sexvices Department administers annual contributions contracts fi'om HUD for a variety of Section 8 Housing Assistance Programs, including vouchem A total of 1045 housing Certificates, Vouchers, and Mod Rehab units are under contract. Approximately $2.9 million in housing assistance payments was paid by the City during Fiscal Year 2000. Affordable housing for lower-income, and particularly for single-parent households, remains difficult to obtain in Dubuque. As the City's fair market rents have been reduced by HUD, many landlords have found the Section 8 Program less attractive. This in mm makes it all the more difficult for lower-income families to find decent housing they can afford. BUDGET IMPACT The application is for 40 Section 8 vouchers for qualifying families. Total five-year comributions authority for these vouchers will be approximately $950 000. RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizing the Mayor to execute an application to the U.S. Department of Housing and Urban Development, for forty Section 8 Housing Program Vouchers. ACTION STEP The requested action is for the City Council to approve the attached resolution, authorizing the Mayor to execute an application for additional housing vouchers; and that the Housing Commission be directed to hold the required Public Hearing. DH/ds Attach. Prepared by: City of Dubuque, 50 W. 12th Street, Dubuque, IA 52001-4864. 319-589-4270 RESOLUTION NO. ]] -01 ACCEPTING IMPROVEMENTS IN SUNNYSLOPE ESTATES - PHASE 4 Whereas, pursuant to Resolution No. 1-97, certain improvements including street paving, storm sewer, sanitary sewers and watermain and street lighting were installed~J;;zy the developer of Sunnyslope Estates - Phase 4. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Sunnyslope Estates - Phase 4 be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date. 2001. Passed, approved and adopted this 15th day of January , T/errance M. Dugg/~ayor Attest: ne F. Schneider, City Clerk 0018 February 4, 2000 Mr. Ron Turner, PLS City of Dubuque 50 West 13t~ Street Dubuque, Iowa 52001 Re: Sunnyslope Estates Phase4 Dear Ron: I request final inspection and acceptance by the City of Dubuque for 100% of the improvements completed in the subdivision Sunnyslope Estates Phase 4 per the improvement plans. The subdivision is further described as: Lot 5, Block 12; Lots 12-22 inclusive of Block 16; Lots 1-22 inclusive of Block 17; Lots 1-18 inclusive of Block 18; Lot 9, Block 19; Lot X (Sunnyslope Drive); Lot Y (Red Violet Drive); Lot Z (Twilight Drive) and Lot AA (High Cloud Drive) of Sunnyslope Estates. Thank you, Ken Moore Moore Development, Ltd. CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sunnyslope Estates - Phase 4 Public Works Director Mike Koch requests the City Council adopt the attached Resolution accepting the public improvements that developer, Moore Development, Ltd., has recently completed in Surmyslope Estates - Phase 4. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director 8I :llt~ Ot t~h' I0 CITY OF DUBUQUE, IOWA MEMORANDUM January 5, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Sunnyslope Estates - Phase 4 INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, Moore Development, Ltd., has recently completed in Sunnyslope Estates - Phase 4. BACKGROUND As a condition of the subdivision plat approval through Resolution No. 1-97, the developer of Sunnyslope Estates - Phase 4 was required to install certain improvements including street paving, storm sewer, sanitary sewers, watermain and street lighting, and to dedicate the improvements to the City upon completion. The developer of Sunnyslope Estates - Phase 4 has recently completed the improvements and has formally requested the City's acceptance of the public improvements that have been installed. DISCUSSION The Subdivision Ordinance requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On February 4, 2000, Moore Development, Ltd. requested City's acceptance of the improvements in Sunnyslope Estates - Phase 4. Upon inspection by the City, it has been determined that all of the public improvements required by Resolution No. 1-97 have been completed in accordance with plans approved by the City Council and in conformance with City specifications. RECOMMENDATION I would, therefore, recommend that the City Council accept the improvements. Maintenance of said improvements shall be the responsibility of the contractor, Tschiggfrie Excavating, and owner, Moore Development, Ltd., for a period of two years from the date of acceptance by the City Council. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the improvements. MAK/vjd Prepared by Ronald J. Turner, P,L.S. RESOLUTION NO. 12 - 01 RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR HISTORIC RESOURCE DEVELOPMENT PROGRAM FUNDING TO CONDUCT AN ARCHITECTURAL/HISTORIC SURVEY. Whereas, the State Historical Society of Iowa has announced the availability of Historic Resource Development Program (HRDP) grant funds; and Whereas, the evaluation and survey of properties are eligible activities for HRDP funding; and Whereas, the State Historical Society has advised that an architectural/historic survey is necessary for the renewal of a Memorandum of Agreement between the State and City for the purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed the proposed architectural/historic survey. NOW THEREFORE, BE IT RESOLVED-BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for HRDP funds to conduct an architectural/historic survey is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the State Historical Society of Iowa for HRDP funds to conduct an architectural/historic survey. Section 3. That the Planning Services Manager is authorized to utilize budgeted Community Development Block Grant Funds to provide the required local match should the HRDP application be approved by the State Historical Society of Iowa. Section 4. That the City of Dubuque agrees to abide by ail local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this ~ 5th day of Januar.v ,2001. Attest: (../'Jeanne F. Schneider, City Clerk Lcarsten\hpcVesoluti.doc Architectural Historical Survey Phase I Phase I~ Pha~e Ill PhaselV Phase V 0 2000 4000 6000 Feet N ESTIMATED BUDGET FOR PHASE III OF ARCHITECTURAL/HISTORIC SURVEY EXPENSES: Consultant Fee $21,250.00 Interns $ 2,000.00 Film & Development $ 2,500.00 Photocopy $ 2,500.00 Postage $ I00.00 Consultant Telephone/Fax $ 400.00 Consultant Misc. Supplies $ 750.00 Tech. Advisory Network $ 500.00 Total Expenses $30,000.00 State HRDP Grant City Cash Match - CDBG Total Revenue $20,000.00 $10.000.00 $30,000.00 Percent of Project Cost 75% 25% REAP/HRDP Application, due January 15, 20m REAP/HRDP 600 E~st Locust Street. Des ~Aoines, Iowa 50319-0290 (51§) 242-6194 State Historical 5ociety of Iowa Please a~swer all the questions fWlyand ~,l to the address listed above. Questions.~ Please call at either (515) 242-6194 or (515) 281-8754. Category: CIMuseum' Clbocumentary Collections EIHistoric Preservation Project Title Dubuque Architectural/Historic Survey: Phase III Applicant city of ~ubuque Mailing Address Planning Services Department, 50 We 13th St. City Dul~uque Project Manager Name Aaldress Same State zowe · Zip Code Laura Caretens ... 52001-4864 Project Street Address Project County Dubuqu~ E-mail address N/A House District 35 ~ 36 50 W. 13th St. Senate District Project City Dubuque Daytime Yelephone ~19)589-422o Fax Number (.~z9) 589-4222 18 U.S. District 2ha Call the Legislative Information Office at (515) 281-5129 if you do not know the project location districts) Grant Amount Requested $20,000.00 (Item A from Budget) In-Kind Match o (Item ¢ from Budget) Source of (potential) Cash Match Cash ;~atch $1o,ooo.oo (Item B from Budget) Total Project Cost (Item D from Budget) $30,000.00 City budget - Communit~ Development Block Grant funds Page 31 REAP/HRDP Application, due January zS, 2001 Are you/your business on individual or sole proprietor? -If the answer i~ YES, please provide your Social Security number If your answer is NO, please check the appropriate status: OBusiness and for-profit corporation GEstate or trust ClState government QNative American tribe Your Federal Employer Zdentification number is 12Partnership IZINotofor-profit corporation r~Local Government Operating Budget of Project (record only the dmount dedicated to this project--not your an- tireoperating budget co,ts) ~ Operating Budget Number of Paid Staff FY1999 820,000 FY1999 0.25 FY2000 ¢20,000 FY2000 0.25 FY200! 82o,o0o FY200! o.25 List all grants received during the last three calendar years (1998, 1999, 2000) and any applications submitted in 2000, for which grant awards have not yet been announced: Grant Pro~ect Name Title of Pro~ect Dubuque Architectural/Historical Context Survey Heritaqe Trail Interpretive Siqns Heritaqe Trail Interpretive Signs Grant Amount 818,753 Cash Match Source $9,505 $ 9,500 $4,950 $ 9,000 $4,450 COMMUNITY PROGRAMS BUREAU Page3! REAP/HRDP Application, due January 15, o_ool boas the applicant own the historic resource? (DYes ElNa Ti: one or more co-applicar~ts are involved in the project, provide the same name of each of the co-applicants, their mailing address, telephone number, and a contact person. Co-Applicant Street Address City County Zip. Telephone Number( Contact Person Telephone Number( ) I give my permission for the applicant to carry out the projec¢ described in this grant . application. Signature of Property Owner (use blue ink) I have reviewed this completed grant application. I certify that the information provided is complete and correct and that, if awarded funds, the applicant organization is prepared to un- dertake the project. Signature of Applicant's Legally Authorized Representative I,a ura Carstens Typed Name bate Planning Services Manager Title REAP/HRDP Application, due January ASSURANCES The applicant heqeby agrees and acknowledges that: (l) If awarded funds, the applicant will conduct operations in accordance with Title VZ and VII of the Civil Rights Act of 1~964, as amended in the Rehabilitation Act of :[973, as amended, which bar discrimination against any employee, applicant for employment, or any person participating in any sponsored program on the basis of race, creed, color, national origin, religion, sex, age, or physical or mental disability, and require compensation for employment at no less than minimum way requirements, and will provide safe and sanitary working conditions; (2)Zf project involves real property, the applicant or co-applicant can prove ownership of the property; (3) The applicant will expend funds solely on the described project and programs; (4) Zf the proposed project affects a property listed on the National Register of Historic Places, the applicant will consult with the State Historical Society of :Iowa, and also will act in accordance with the Secretary of Znterior's Standards for Rehabilitating Historic I~uildings and the Secretary of Interior's Standards for Archaeology and Historical Preservation; (5) If awarded funds, applicant will include in all official statements, promotions, publicity, advertising, and in any printed document, audio visual production, or microfilmed material the following credit line: "This project was partially supported through funding from the Resource Enhancement and Protection (REAP) Act through a Historical Resource Development Program (REAP/ HRDP) brant from the State Historical Society of :Iowa"; (6)The facts, figures, and information contained in this application, including all attachments, are true and correct; and (7)Failure to comply with the administrative rules for this program will result in the penalties outlined in those rules. Signature of Legally Authorized Representative Date Type Name and Title of Above COMMUNITY PROGRAMS 8UKEA. U Page~4 REAP/HRDP Application, due January 15, 2001 Cultural Impact Questionnaire Submit this form with the 2001 REAP/HRDP Application DUE January 15, 2001 STATE HISTORICAl, SOCIETY OF IOWA REAP/HRDP Grant Proom:am, 600 East Locust Street,.Des Moines, Iowa 50319-0290, (515) 242-6194 The Cultural Impact Questionnaire will provide the State Historical Society of Iowa with information about the effects of your project on its proposed site Property Name N/A - Survey Projece Property Number and Street County Dubuque ~ty Dubuque Zip 62001 Phone ( 379 )589-4220 Contact Person on Project 2ufa Caxseens P/ease araz. mr the fdlord~ questions: 1. The project will directly or visually affect one or more buildings, structures or objects 50 years of age or older. ~nYes ¢lNo COlqrI'INUED ON NEXT PAGE COMMUNITY PROGRAMS BUREAU l~ago 35 REAP/HRDP Application, due January 20m 2. If you answered "yes" to the last question, submit a photoqraph and the address of each property and check which kinds of project activities are proposed for this property: Rehabilitation New Construction Demolition [] Vacate/Abandon Yard, Sid'ewalks, Plantings [] Other (specify) 3. The project will involve excavation: [] Yes ~1 No If you answered "yes" to the last question, please provide the following: · Describe the width and depth of the proposed excavation work Submit a map showing the precise location of project Thank you for your cooperation Please return these pages with your completed grant application REAP/HRDP Application, due January l. SIGNIFICANCE OF THE HISTORICAL RESOURCE AS IT RELATES TO THE PRO- POSED PROJECT. Identify the historical resource in the proposed project. Why is the resource important to state, regional or local history? This projec~ is for Phase III of an in-depth architectural/historic survey of Dubuque's oldest commercial, residential and industrial neighborhoods. Dubuque is a community well-known for its historic beauty and, in particular, the Victorian architecture that makes up much of the existing five historic districts. However, there are a great many other influences in Dubuque that have been recorded to the extent that we have recorded the Victorian em influence. From an architectural standpoint, within our community exist building styles that represent the Craftsman, Classical and Colonial Revival eras of architecture among others. The most recent recordation of these styles is included in the 1975 publication, The Heritage of Dubuque... an architectural view. With assistance from the State Historical Society, the City of Dubuque recently completed a comprehensive survey that discusses historic contexts for Dubuque fi-om 1837 - 1955, and thus provides us a link to the influence of architectural styles. This community-wide assessment, The Architectural and Historical Resources of Dubuque. Iowa, 1837 -t 955, was submitted in July 2000 to the State Historical Society by the City's survey consultant, History Pays! The consultant also completed-Phase I of an architectural/historic survey for the Washin~ordJackson/Elm neighborhood in 2000, which is documented in this same report. Phase II of the architectural/historic survey was begun in the summer of 2000 for the Lincoln/Rhomberg/Garfield neighborhood. Dubuque has been influenced by the manufactUring and industrial movement along the banks of the Mississippi. This resulted in the creation of residential neighborhoods adjacent to these factories. The Phase III survey area encompasses the central business district, transitional residential neighborhoods north and east of downtown, and the industrial area east of downtown between the Dubuque County courthouse and the U.S. 61/151 freeway. The 1977 Kriviskey survey o~the community identified potentially significant properties in the downtown area located north and east of the existing Old Main historic district, but only the Jackson Park historic district was created in this area. The 2000 community assessment notes that: "This part of the downtown contains innumerable commercial, industrial, vernacular and architecturally significant properties and deserves focused survey attention. Many of the surviving early downtown buildings are found here." The 2000 community assessment further notes that: "It appears that a substantial industrial historic district survives between the courthouse and Highway 6t. This cluster of large industrial properties best represents the industrial heritage of the city." The significance of the historic resources within the Phase III survey area to state, regional and Iocal history is described in the introduction to the 2000 community assessment. "By any standard Dubuque is and always has been a distinctively different place by Iowa standards. On one hand the city has served as the port of entry for Iowa's settlement and was the state's first city. On the other hand Dubuque has always been geographically separated from the state and has made her fortune in a tri-state market....Dubuque, unlike most Iowa cities, never reached the vaunted 100,000-population figure...and large-scale growth sputtered out by World War I. The city never gained the acres and acres of bungalows and Tudor cottages, Lustron houses and the like. Its building inventory largely pre-dates 1920 and consequently the architectural legacy of Dubuque is umnatched elsewhere in Iowa, both in quality and scale." COMMUNITY PROGRAMS BUREAU Page37 REAP/HRDP Application, due January 2. 5I$NIFICANCE OR CONTRIBUTION OF THE PROJECT TO ENHANCE THE PRESERVATION, CONSERVATION, OR INTERPRETATION OF IOWA'5 H:I:$TORICAL RESOURCES. Describe your proposed project anhd how it related to the historical resource identified in question t. Explain how the proposed project will enhance the preservation, conservation, and/or interpretation of your historical resources. Dubuque, as the oldest city in Iowa, is rich with history. Once the gateway to the west, the location of the city on the banks of the Mississippi River has resulted in significant growth for the city' and State over the last 150 years. Adjacency to the river has influenced the growth of lumber and lead mining industries in Dubuque and is a significant historical contributor to the commercial and residential growth patterns in our community over time. Prior to the 2000 community assessment, it had been nearly twenty years since a survey was completed. This 1977 Kfiviskey survey focused exclusively on Victorian architecture in Dubuque. In fact, there exists much more in terms of historic contexts and architectural themes in Dubuque that has been recorded with the 2000 community assessment. It is also assumed that over the last twenty years the number of National Register eligible properties in Dubuque has increased. The 2000 corn_munity assessment has been used as h foundation to help shape neighborhood surveys phased in over time, as shown on the enclosed map. As mentioned previously, the Phase I survey has been completed, and Phase II is underway. Phase III of this survey will be to inventory, evaluate and provide data entry on those properties located in the central business district, transitional residential neighborhoods north and east of downtown, and the industrial area east of downtown between the courthouse and the freeway. During the inventory phase, the consultant will work ~vith the City of Dubuque and property owners to gather data on the area's 647 structures. Included in this data will be information on property ownership, dates of construction, architects or contractors used, physical integrity and other items that relate to the property's significance as a National Register eligible property or district. This data then will be used for the evaluation phase of the survey. The Phase III survey area was selected based upon a number of factors. First, our survey consultant recommended a survey of this area, because it includes many commercial, industrial, office and residential properties that are potentially significant. Second, Section 106 reviews are often required for properties in this area due to the City's programs for faqade renovation, commercial, industrial and housing rehabilitation, and lead paint abatement. Particular emphasis will be placed the pre-1950 structures, to document information on the neighborhood!' historic and architectural contexts to facilitate future Section 106 reviews. Third, this survey includes the study area proposed for a comprehensive downto~vn plan. A survey of the historic and architectural resources in this area would provide useful background data for this planning effort. Fourth, this area includes the existing Old Main historic district, which has undergone many changes since its original survey in 1977. A re-survey and evaluation of Old Main would provide updated information for continued rehabilitation, reuse and restoration in this district. Fifth, this area is linked with planned improvements to the riverfront and the City's downtown revitalization program, and as a result, this area may present oppommities for reinvestment. Survey information ~vould help encourage and direct this reinvestment. COMMUNITY pR. OGRAMS BUiIEAIJ REAP/HRDP Application, due January 15, 2ool 3. KNOWLEDGE AND UNDERE, TAND'rNG OF ACCEPTED PROFESST. ONAL STANDARDS AS THEW RELATE TO THE PROPOSED PRO~TECT. ]:dentify the professional standards, or best practices you will follow and explain how you wild apply them in your project. This project will require a professional with expertise in the field of archival survey and documentation. The consultant to be hired must meet the professional qualifications standards as established by the Secretary of the Interior and the SHPO for both history and architectural history. The consultant must have either a Master's Degree in American History, American Studies or a closely related field, or a Bachelor's Degree plus either two years full-time experience in research and writing or teaching or substantial contribution to the field. In addition, the-City's historic preservation staffperson, a GIS (Geographic Information System) staff person and, if possible, an intern will be involved in the survey in terms of project management and assisting in the collection of data, research, and/or photography. Requests for proposals will be sent tO consultants identified in the approved list provided by the State Historical Society. Project goals will be accomplished by following the Secretary of the Interior's Standards for Identification. Specifically: Identification of historic properties is undertaken to the degree required to make decisions about eligibility. Results of identification activities are integrated into the preservation planning process. · Identification activities include explicit procedures for recordkeeping and information distribution. · Identification of historic contexts and architectural themes. Evaluation of the significance of historic properties uses established criteria. · Evaluation of significance applies the criteria within identified historic contexts and architectural themes. Evaluation results in an inventory of significant properties that is consulted in assigning registration and treatment priorities. · Evaluation results are made available to the public. ~OblN[UNITY PROGRAMS BUREAU REAP/HRDP Application, due January 15, 2ool 4. DEGREE OF THREAT TO THE RESOURCE. What will hnppen to your identified resou~'c¢ if this project is not funded? As indicated previously, the Phase III survey area is a target area for the City's lead paint abatement program, as well as an area where a higher percentage of residential and commemial rehabilitation projects occurs. Because limited information exists for this survey area in terms of architectural significance and historic contexts, it weakens the City's application of the Secretary of the Interior Standards to individual projects during the Section 106 review prbcess. Often these projects involve significant alteration to the interior and exterior of the structures. Without new, in-depth information as to the significance of these properties, we are at a higher risk for loss of architectural features and other significant elements that help identify the growth of our community. Without documentation of significance to uphold the City's design standards, we are at risk of losing structures, use of incompatible materials, and irreversible alterations. 5. DEG-REE TO THE ~OALS AND OBO'EGTIVE5 OF THE PROJECT ENHANCE THE APPLZCANT'$ LON~-RAN~;E PLAN. What ore your long-range goals and objectives for your historical resource? How will this project,help you meet your 9aais ~nd objectives? The Dubuque Comprehensive Plan is the community's guide to future development, public policies, and decision making. The approved Comprehensive Plan includes a number of long-range goals and objectives that relate to historic preservation in general and this project in particular. They are: 1) Preserve historic and aesthetic character and function of established neighborhoods; 2) Protect and preserve the City's historic buildings, urban pattern and natural environment; 3) Expand the City's use of housing preservation programs whenever appropriate and possible; 4) Safeguard the cultural and historic resources of the community as critical to the quality of life and the attractiveness of Dubuque; 5) Promote the preservation of historic buildings and architectural resources in the community; 6) Educate the community about the benefits of historic preservation to the community's quality of life, economic development efforts, tourism and tax base enhancement; 7) Explore, preserve and interpret for present and furore generations, the history of Dubuque and the Mississippi River; and 8) Increase appreciation, education, technical assistance and ftmding for the community's historical and architectural heritage. This grant application proposes to apply identify historic contexts or themes within the city limits of Dubuque, identify corresponding architectural themes and styles to the surveying of a specific area for determining National Register eligible properties or districts. Similar to the Phase I and Phase II surveys, the Phase III survey will involve data collection, survey and site evaluation, use of the Iowa Site Inventory form, photography and incorporation into the City's GIS system. CO~f_MUNIT¥ PROGRAMS BUREAU Page40 RF, AP/HRDP Application, due January 15, 2ool 6. DEGREE TO WHICH THE PROJECT SUPPORTS THE ECONOMIC, EDUCATIONAL, AND CULTURAL HEALTH OF THE LOCAL AREA, REGION, OR STATE. How will your proposed project affect the economy in your area, attract tourism, and lead to more education and/or appreciation of history? As a river community, Dubuque is a destination point for over one million tourists annually. Every year these tourists are surveyed, and each year they identify historic architecture and historic context as one of the top five reasons to visit Dubuque. By researching our community to discover new historic themes and document architecture influenced by these themes, we will continue to provide new reasons for tourists to return io Iowa and to Dubuque. In addition, using the new survey information we will obtain, we can work with property o~vners plann/ng to undertake a rehabilitation project and educate them on the significance of their structures and attempt to mitigate any potential loss tlrrough a Section 106 review. Working with the Housing Services Department and the historic preservation staffperson, we can educate the property owners on alternative methods for addressing rehab projects while meeting the needs of housing and historic preservation. 7. DEGREE OF COOPERATION BETWEEN ORGANIZATIONS OR INDIVIDUALS WITHIN A LOCAL AREA, REGION, OR THE STATE AS EVIDENCED BY BUT NOT LIMITED TO THE NUMBER OF VOLUNTEERS, CASH MATCH, AND IN-KIND MATCH. Explain how other groups and individuals in your community or area will be in- volved with your project. This project will be coordinated with several City departments in addition to sharing the information with other historic preservation entities and the general public. Specifically, the historic preservation staff person, the consultant and the intern will work with the Planning Services Department to coordinate incorporation of the information into the City's GIS system and ensure coordination of the project objectives with the previously approved Dubuque Comprehensive Plan. In addition the historic preservation staff person will work in conjunction with Housing Services staff to implement the results of the survey in the Section 106 review process for homeowners undertaking a lead reduction or housing rehabilitation project. Lastly, information obtained will be shared with the City Council, the Historic Preservation Commission, the Dubuque County Historical Society and the Center for Dubuque History to help further the preservation goals of the community. REAP/HRDP Application, due January 15, 9_OOl 8. DEGREE TO WHICH THE BUDGET I5 REASONABLE, APPROPRIATE TO THE PRO.TECT, COMPLETE AND MATHEMATICALLY CORRECT. Explain to us the work plan and budget for your project. :Include each step, the order of each step and the cost. Project Completion Schedule September 2001 October 2001 November 2001 December 2001 January 2002 February 2002 Mar. - May 2002 June - Sept. 2002 Oct. - Dec. 2002 Jan. - Dec. 2002 Jan. - Mar. 2003 April - May 2003 Mar. - May 2003 April - June 2003 July 2003 August 2003 Contract signed by City & State Access TAN of State Historical Society Issue RFP for consultant Review proposals & select consultant Consultant contract signed Review resoume material and conduct windshield survey of the neighborhood Survey and on-site evaluation begins with photography in the neighborhood Intensive site survey of neighborhood Literature/amhival research to develop historic and architectural contexts, and collect specific neighborhood information Property data collection and research Analysis of data and sites; report drafted Review 'draft' final report; public presentation Iowa Site Inventory. Forms completed Photography completed and attached to site forms Final report submitted; public presentation Revisions of final report based on input Budget $500 TAN fee $1,500 consultant fee, mileage, per diem $7,500 consultant fee, mileage, per diem $1,500 consultant fee, mileage, per diem $7,000 consultant fee, mileage, per diem $400 telephone/facsimile $750 supplies, $100 postage $2,000 intern fees $1,250 consultant fee $500 consultant fee, mileage, per diem $1,250 consultant fee $2,500 film and development $2,500 photocopying $500 consultant fee, mileage, per diem $250 consultant fee REAP/HRDP Application, due January 15, 2ool PROJECT BUDGET: The Revlew Panel will evaluate the degree to which the budget is reasonable and appropriate to the project. REAP/HRDP GRANT PROPOSED BUDGET Grant Request Cash Match In-Kind Subtotal Consultant - Fees, per $11,250.00 $10,000.00 $21,250o00 diem & mileage Personnel Use 2:000_00 2,000.00 2,500.00 2,500.00 $500.00 400.00 750.00 100.00 Contract for Services Travel Expense Equipment Expense Film~developing ~hotocopying 2,500.00 2,500.00 TAN Services $500.00 Phase I Archaeological Survey Supplies Postage Other Expense (Be Specific) Telephone/fax 400.00 750.00 100.00 Column Subtotals $20,, 000. O0 $10r 000. O0 0 $.30t000. O0 The total of the first three columns must equal the project total figure. USE VFHOLE DOLLAR AMOUNTS COMMUNITY PROGRAMS BUREAU Page~ REAP/HRDP Application, due January 15, 2ool 9. Zf this facility is open to the public, give the schedule of hours open and total number of hours per year. . $ch. edule o:f hours open to the public: N/A Hours open per year: lO.If the facility is not open to the public as required (see p. 24), describe the plans for increasing accessibility to the public during the next three years (unless restricted by specific Federal or State code). 11. If funded, how will you use the Technical Advisory Network services in helping you complete your grant pro~ect? As previously stated, this project requires a professional with experience in the field of archival survey and documentation. The TAN will be used to help identify potential consultants for the position. In addition, the TAN may be used in an advisory capacity to the City and the hired consultant in meeting the project goals. Specifically, identifying historic contexts and architectural themes to be used for furore survey work. In addition, the TAN may be useful in identifying the procedure to use to incorporate the information into both the City of Dubuque's existing GIS system and integration into the State Historical Society's electronic filing system. COMMUNITY PROGRAMS BUREAU paCa44 CITY OF DUBUQUE, IOWA MEMORANDUM January 11, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager HRDP Grant Application for Phase III of Architectural/Historic Survey Planning Services Manager Laura Carstens is recommending that the City apply for an Historic Resource Development Program Grant to conduct Phase III of the architectural/historic survey. Phase I was completed in June 1 of 2000, and Phase II is currently in progress, scheduled for completion this year. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2001 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager~-~'v~' SUBJECT: HRDP Grant Application for Phase III of Architectural/Historic Survey INTRODUCTION This memorandum presents for City Council review and approval an application to the State Historic Preservation Office (SHPO) for a Historic Resource Development Program (HRDP) grant to conduct Phase III of an architectural/historic survey. BACKGROUND The City of Dubuque, as a recipient of funding from the U.S. Department of Housing and Urban Development, is required to perform a Section 106 review for every rehabilitation or construction project receiving federal funds. Specifically, projects that involve Community Development Block Grant (CDBG) or HOME funds are required to have a Section 106 review completed before beginning the project. The purpose of a Section 106 review is to assess the historic and architectural significance of the property being impacted and to recommend any mitigation of the exterior historic features of the property. The City of Dubuque has a Memorandum of Agreement (MOA) with the SHPO to conduct Section 106 reviews locally versus sending all reviews to SHPO for review and approval. This process can take 30 - 90 days or more depending on the demand for reviews from across the State of Iowa. Currently, these reviews are handled by a staff person in the Community and Economic Development Department in less than one week. Our MOA also commits the City to conducting historic surveys on a more regular basis. HRDP Grant Application Page 2 DISCUSSION As required by the MOA, a comprehensive survey was undertaken in 1999 to research historic contexts and supporting architectural themes throughout the entire community. The historic themes included research on the impact of industrial and commercial development upon residential structures from 1830 -1955. As a community-wide assessment of historic contexts, this survey will be used as a foundation to help shape future, required neighborhood surveys phased in over time. These phased neighborhood surveys apply the histodc contexts and architectural themes defined in the community-wide assessment. The attached map depicts the comprehensive survey area, and the anticipated phasing of the architectural/historic survey for Dubuque's older residential and commercial neighborhoods. Phase I of the architectural/historic survey was completed in June, 2000 for the Washington/Jackson/Elm neighborhood bounded by 24~ Street and 18~ Street between Central Avenue and the bluff. Phase II of the architectural/historic survey was begun in the summer of 2000, with completion scheduled for this year for the Lincoln/RhomberglGarfield neighborhood. The attached map shows the locations of both the Phase I and Phase II surveys. These two survey areas were selected because a higher percentage of Section 106 reviews are received from these neighborhoods due to federal rehabilitation and lead paint abatement funds allocated by the Housing Services Department. The SHPO provided grants that funded a portion of the costs of both the Phase I and Phase II surveys. Both grants were matched with'CDBG funds and in-kind staff support from the Planning Services Department. Attached is an application for a HRDP grant to conduct Phase Ill of the architectural/historic survey. The proposed survey area encompasses the downtown service area of Dubuque Main Street Ltd., residential neighborhoods north and east of downtown, and the industrial area east of downtown between the courthouse and the freeway. This area, which includes 647 structures, is shown on the attached map. This survey area was selected for several reasons. First, our survey consultant has recommended a survey of this area. He notes that the area includes many commercial, industrial, office and residential properties that are potentially significant. Second, Section 106 reviews are often required for properties in this area due to rehabilitation and lead paint abatement funds allocated by the Housing Services Department. Third, this survey includes the study area proposed for a comprehensive downtown plan. A survey of the historic and architectural resources in this area would provide useful background data for this planning effort. Fourth, this area includes the existing Old Main Historic District, which has undergone many changes since its original survey in 1977. A re-survey and evaluation HRDP Grant Application Page 3 of Old Main would provide updated information for continued rehabilitation, reuse and restoration in this district. Fifth, this area is linked with the planned improvements to the 4"' Street Peninsula and the City's downtown revitalization program, and as a result, this area may present opportunities for reinvestment. Survey information would be helpful in encouraging and directing reinvestment in this area. The total cost for the Phase III survey is estimated at $30,000. The sources of funding for this project include $10,000 in local CDBG funds and $20,000 in HRDP grant funds. The Planning Services Department has approximately $30,000 in CDBG funds allocated for 0.75 FTE for a part-time Assistant Planner to support city planning and historic preservation activities. Since this position is filled at only 0.50 FTE, the remaining 0.25 FTE of $10,000 is available as a match for the HRDP grant. If the grant is awarded, the project will run from September 2001 to August 2003. RECOMMENDATION I recommend that the City of Dubuque submit an application for a HRDP grant for Phase III of the architectural/historic survey. The attached resolution initiates the grant submission. It approves the local match, and stipulates that the City will meet all applicable program requirements. Attachments Lcarsten\hpc\hrdpcc.doc CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Southwest Arterial Environmental Assessment Public Works Director Mike Koch is recommending approval of the attached amendment to the previously-executed agreement with the Iowa Department of Transportation dated May 6, 1996 regarding the Southwest Arterial Environmental Assessment. I concur w/th the recommendation and respectfully request Mayor and City Council approval. MCV2Wjh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~/~ Southwest Arterial Environmental Assessment INTRODUCTION Enclosed is an amendment to a previously-executed agreement with the Iowa Department of Transportation dated May 6, 1996 regarding the Southwest Arterial Environmental Assessment. DISCUSSION The first agreement was essentially an intergovernmental agreement setting forth the procedures for the City of Dubuque to be the lead agency on the project, even though the Southwest Arterial is proposed to be a state highway route. All administration of the project was the responsibility of the City, including all fees, records, and payments to the consultant. Upon payment by the City, funds from the Dubuque Metropolitan Area Transportation Study (DMATS) were used to reimburse the City for 80 percent (80%) of the payments, with the 20 percent (20%) match being funded by the Iowa Department of Transportation (IDOT). Phase I of the agreement, that part executed on May 6, 1996, provided for an anticipated cost of $175,745. The project was split into two phases to allow a portion of the project to begin early because of the onset of winter months where archeological and soils work would be impossible. Phase II of the agreement was then supposed to be executed for the remaining parts of the environmental assessment. Somehow, no one remembered to execute a Phase II agreement. Partial payments were made as usual to the consultant; however the agreement was never approved for any budgetary amount in excess of the $175,745 in the original agreement. A first amendment to the agreement for Phase II of the study was estimated at $503,674. The total budget for the environmental study, therefore, is as follows: Phase I Phase II $175,745.00 8503,674.00 Total 9679,419.00 BUDGET IMPACT The purpose of this proposed amendment at this time is to provide IDOT the necessary appropriation authority to reimburse the City for Phase II of the study. Any amount over 8500,000 was to be funded 50 percent (50%) by DMATS STP funds and 50 percent (50%) by state primary road funds. The total budget for the project, upon execution of this amendment, is not to exceed 8679,419.00. The City and IDOT should have executed this amendment at the time the Phase II work was authorized; however, neither agency remembered to amend the May 6, 1996 agreement when the time came for the additional work on the study. Therefore, this agreement is retroactive back to October 17, 1996. RECOMMENDATION I would recommend approval of the enclosed amendment between the City of Dubuque and the Iowa Department of Transportation for a joint and cooperative updating of the environmental assessment to give further consideration of alternate routes for the Southwest Arterial around the City of Dubuque, beyond the route previously approved by the Federal Highway Administration (FHWA) on March 25, 1987. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute four copies of the first amendment relating to funding the appropriations for the update of the environmental assessment on the Southwest Arterial. MAK/vjd RESOLUTION NO, 13-01 RESOLUTION APPROVING FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR JOINT AND COOPERATIVE ACTION TO STUDY THE SOUTHWEST ARTERIAL AROUND THE CITY OF DUBUQUE Whereas, the Iowa Department of Transportation has been performing an update of the environmental study on the proposed corridor of the Southwest Arterial approved by FHWA dated March 25, 1987; and, Whereas, a prior project agreement with the Iowa Department of Transportation was previously approved on May 6, 1996; and, Whereas, the Iowa Department of Transportation has proposed a first amendment to the agreement for the allocation of Phase II funding for the project; and, Whereas, the City Council of the City of Dubuque approves the terms and conditions of said first amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation's first amendment to the cooperative prime agreement dated May 6, 1996, with the Iowa Department of Transportation and the City for the allocation of $503,674 in additional funding for Phase II of the environmental assessment be approved. Section 2. That the City Council approves of the terms and conditions of said first amendment. Section 3. That the Mayor is hereby authorized and directed to execute four copies of the first amendment and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this 15th day of January ,2001. ~errance M. I~ug~, Mayor Attest: Iowa Department of Transportation P.O. Box 2646, Davenport, IA 52809 319-391-2t67 Fax: 319-388-9266 E-mail: Frederiek. Dean~dot.state.~us January 9 2001 Ref. No. S.W. Arterial STP-32-1 ( 10)--2C-31 STP-U-2t00(12)--70-31 Michael A. Koch Public Works Director Engineering Division 50 West 13th Street Dubuque, IA 52001-4864 Dear Mike: Please find enclosed four original copies of a first amendment to the Southwest Arterial Study Agreement (What I referred to as the Master Agreement) between the city and this department. As I noted during our meeting of January 8, 2001, the funding level for this project had changed, but the agreement was not subsequently amended to provide for a higher limit. So at this time the agreement only permits this department to reimburse the city for a maximum of $500,000 in project costs. To correct the oversight, I prepared an amendment, which increased the maximum funding limit to $679,4 t 9. This amount corresponds to the funding amount approved for the consultant contract with WHKS and Co. per execution of Supplemental Agreement No. 1, dated August 14, 1997. Recall, you reviewed the dratt amendment I shared with you at our January 8, 2001 meeting. Subsequently you asked me to provide a final version of the amendment for approval by the City Council. Upon execution by the city, please provide all four copies to me. Once executed by this department I will return two copies to you for the city's project records. In the meantime, if you have any questions in regard to this matter, please advise. Fred Dean District Planner Enclosure FWD: fwd Cc: Richard Kautz, District Engineer, Cedar Rapids Tm Nicholson, Office of Design/Corridor Developmc~nt, Ames FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CTrY OF DUBU(~UE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR 3OINT AND COOPERATIVE ACi'~ON TO STUDY THE SOUTHWEST ARTERTAL AROUND THE CZTY OF DUBUi~UE THIS FIRST AMENDMENT, made and entered into by and between the City of Dubuque, Iowa, hereinafter called the CITY, and the Iowa Department of Transportation, hereinafter called the DOT, have agreed to work together in joint and cooperative action to produce a study of the location and an environmental assessment pertaining to the proposed IA 32, Southwest Arterial route in Dubuque County, Iowa. Whereas, the parties agree the-original amount of funding approved for the study has been determined to be insufficient; and Whereas, the parties agree additional funding is needed to finance the consultant services to complete the study. NOW THEREFORE, the parties agree to the following: Backqround. The CITY, DOT and WHKS and Company of Mason City, Iowa, hereinafter called the CONSULTANT, entered into an agreement referred to as the PRIME AGREEMENT, to provide engineering services to prepare and deliver an environmental study and assist with a Location Public Hearing for a proposed route between U.S. 20 and U.S. 61/151 in Dubuque County, Iowa. The work necessary for the study was to be done in two phases. The PRIME AGREEMENT contained a scope of services and budget for all antidpated work tasks but provided compensation for only Phase 1 of the study. A supplemental agreement (No. 1) to the PRIME AGREEMENT was subsequently executed to provide for compensation for Phase 2 of the study. The total approved budget was revised as follows: Phase I $175,745 Phase 2 $503.674 Total $679,419 Concurrent with execution of Supplemental Agreement No. 1 to the PRIME AGREEMENT should have been revisions made to Section IV. Fees, Records, Payment to the agreement between the CITY and DOT. The purpose of this amendment is to make the necessary revisions to provide for additional funding to complete the study. Revision. The C1TY and DOT agree to the following revision of the third paragraph to the agreement section titled "Section IV. Fees, Records, Payment". "Upon receipt, the Iowa Department of Transportation shall promptly reimburse the City. Total expenditures for the study shall not exceed $679,419, the Steering Committee, in negotiations with the consultant shall establish a reasonable reserve and contingency fund not included in the base contract between the City, DOT, and the consultant, but included in the $679,419 authorized ceiling. Retainage shall be considered as part of the base contract. A subsequent amendment to the City/DOT/consultant contract, iniUated by the Steering Committee and approved by the City and I.D.O.T., shall be required pdor to obligating the reserve and contingency fund. The Iowa D.O.T. will utilize DMATS Federal Surface Transportation (STP) funds for $400,000 (80%) of the first $500,000 of expenditures h~urred by the consultant, and state primary road funds for $100,000 (20%) of the first $500,000 of expenditures incurred by the consultant. The remaining $179,'119 in consultant contact expenditures will be cost shared equally between the DMATS STP funds and state primary road funds." Effective Date, The revision as agreed to by the ClTY and DOT is retroactive effective with the approval date of Supplement Agreement No. 1 to the PRIME AGREEMENT, executed as of August 14, 1997. TN WI'TNESS WHEREOF, the parties hereto have caused this amendment instrument to be signed and sealed by their duly authorized representative. IOWA DEPARTMENT OF TRANSPORTATION Richard E. Kautz, P.E. Distdct Engineer Date: THE C1TY OF DUBUQUE Terrance M. Dugga~/, Mayor Date: A~est: //~ , ~'. ~ By: /'//~/Z.~/~-?/¢./~/j~/~¥/ ~'eanne F. Schneid~, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January 11, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for Dubuque County Historical Society's Handicap Ramp Project Acting Community and Economic Development Director Pam Myhre is recommending publication of a Notice of No Significant Impact on the Environment and Notice of Intent to Release Funds for the Dubuque County Historical Society's Handicap Ramp Project. I concur with the recommendation and respectfully request Mayor and City Council approval. MiChael C. Van Milligen MCVM/jh Atmchment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pamela Myhre, Acting Commtmity and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 2001 To: Michael Van Milligen, City Manag~ From: Pamela Myhre, Acting Comm~jll~and Ecunomic D~elopmeut_ D~rector Subject: Publication of Combined Notice of Finding of No Significant Impact Environment and Notice of Intent to Request Release of Funds for Dubuque County Historical Society's Handicap Ramp Project on the Introduction This memorandum transmits a proposed resolution authorizing the publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Dubuque County Historical Society's Handicap Ramp. Background The City Council has approved by Resolution 249-2000 a Community Partnership (cp2) grant of $26,464 to the Dubuque County Historical Society to construct a handicap accessible ramp to the existing Woodward Riverboat Museum and the Logsdon towboat. As required by the Community Development Act of 1974, as amended, the City of Dubuque must publish a notice of environmental review finding for projects to be funded through the Community Development Block Grant Program. This notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. After that time, the City may file a Request for Release of Community Development Block Grant Funds with the U.S. Department of Housing and Urban Development (HUD). Discussion Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has carried out its responsibilities according to regulations of HUD. The approval of the attached resolution and the publication of its accompanying public notice are required procedural steps for securing the release of Community Development Block Grant funds for this project. Recommendation I recommend that the City Council authorize publication of the combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Dubuque County Historical Society's handicap ramp project. Copies of the environmental review record will be made available to the public and interested agencies. Public comment will be accepted until 5:00 p.m. on February 5, 2001 and will be taken into account before proceeding with the request for release of funds. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Aggie Kramer, Community Development Specialist F:\Council[CEDXDubHistEnvirMem.doc Request for Release of Funds ore No. 2506-0087 and Certification (exp. 6/30/2001) U.S. Department of Housing and Urban Development Office of Community Planning and Development This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the cel[ection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Part 1, Program Description and Request for Release of Funds 1. program T-rile(s) Community Development Block Grant 4. OMB Catalog Number(s) 6. For information about this request, contact (name & phone number) Aggie Kramer, Community Development Specialist 8. HUD or State Agency and office unit to receive request HUD, Omaha Area Office, Executive Tower Centre 10909 MHI Valley Road,Omaha, Nebraska 68'153 ',to be completed by Responsible Entity) 2. HUD/StateB_00_MC_lldentification9.0004Number 3. Recipient (optional)42_60045961den6flcati°n Number 5. Name and address of responsible entity City of Dubuque City Hall, 50 West 13th Street Dubuque, IA 52004-4864 7. Name and address of recipient (if different than responsible entity) The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Acfivity(ies)/Project Name(s) 10. Location (Street address, city, county, State) Dubuque County Historical Society's Handicap Ramp Prajec~ 350 East 3rd Street, Ice Harbor, Dubuque, Dubuque Coutny, lowa 11. program Activity/Project Description Create handicap accessiblity to the existing Woodward Riverboat Museum and provide access to the towboat Logsdon by constructing s wood ramp. Previous editions are obsolete form HUD-7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Aetivity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part I of this request, t have found that the proposal [] did [] did not require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Cedh'ying Officer of the Responsible Entity 50 West 13th Street Dubuque, IA 52002 Title of Cedifying Officer Terrance M. Duggan, Mayor, City of Dubuque, Iowa Date signed Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part I and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any chan~e in environmental conditions in accordance with 24 CFR 58.71(b).. xSignature of Authorized Officer of the Recipient TitleDate signed°f Authorized Officer Warning: H U D will prosecute false claims and statements, Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001,1010,1012; 31 U.S.C. 3729, 3802) previous editions are obsolete form HUD-7015.15 (1/99) RESOLUTION NO. 14 -01 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE DUBUQUE COUNTY HISTORICAL SOCIETY'S HANDICAP RAMP PROJECT. Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1, 2000, with the U.S. Depamuent of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, the City Council has approved a Community Partnership (cp2) grant to the Dubuque County Historical Society's Handicap Ramp project in the amount of $26, 464, which is funded with Community Development Block Grant (CDBG) funds; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Dubuque County Historical Society's Handicap Ramp project; and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Envh'onment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Dubuque County Historical Society's Handicap Ramp project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on February 5, 2001. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consem to assume the stares of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department o£Housing and Urban Development responsibilities for review, decision making and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City o£ Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Attest: Jeanne F. Sclmeider, City Clerk Passed, approved and adopted this 15t~ay of January, 2001. Tg/rrance M. Dugg-an,/I~or F:\Council\CED\DubHistEnvirRes.doc CITY OF DUBUQUE, IOWA MEMORANDUM January 11, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Publication of Combined Notice of Finding of No Sit~ltificant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation Project Acting Community and Economic Development Director Para Myhre is recommending publication of a Notice of No Significant Impact on the Environment and Notice of Intent to Release Funds for the Iowa Inn Rehabilitation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry' Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pamela Myhre, Acting Community and Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 2001 To~ From: Subject: Michael Van Milligen, _C~_ Pamela Myhre, Act~/~G6~uui~ and Econom~/~Developmen-'/'Director Publication of Cor~ined Not~c' e of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project Introduction This memorandum transmits a proposed resolution authorizing the publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project. Background The City Council has approved the use of Special Purpose Grant funds for MetroPlains Development to rehabilitate the Iowa Inn building at 125 West 9m Street. The redevelopment of the prope~y will create 32 housing rental units. The City of Dubuque must publish a notice of environmental review finding for projects to be funded with Special Purpose Grant funds. This notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. After that time, the City may file a Request for Release of Special Purpose Grant Funds with the U.S. Department of Housing and Urban Development (HUD). Discussion Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has carried out its responsibilities according to regulations of HUD. The approval of the attached resolution and the publication of its accompanying public notice are required procedural steps for securing the release of Special Purpose Grant fimds for this project. Recommendation I recommend that the City Council authorize publication of the combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project. Copies of the environmental review record will be made available to the public and interested agencies. Public comment will be accepted until 5:00 p.m. on February 5, 2001 and will be taken into account before proceeding with the request for release of funds. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Aggie Kramer, Community Development Specialist RESOLUTION NO. ] 5 -01 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR IOWA INN REHABILITATION PROJECT Whereas, the City of Dubuque will entered into a Special Purpose Grant Agreement for with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Iowa Inn Rehabilitation project; and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment" and of"Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC1L OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation project and to make the Enviromuental Review Record for said project available for public inspection and comment until 5:00 p.m. on February 5, 2001. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carded out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 15th day of January, 2001. Attest: Terrance M..~, Ma/~yor ider~City Clerk F:\USERSLA KRAMERLER R\SpeeialPurposelAlnn]Altm.res Part 2. Environmental Certification (to be completed by responsible entitT) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: I. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After consideringthe type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part i of this request, I have found that the proposal [] did [] did not require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the respo~nsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enfomement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certt~ing Officer of the Responsible Entity Address~?~ertifyingOftice; D b ~ 3-[tie of Cer~j Officer Terrance Duggan, Mayor, City of Dubuque Datesigned Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special annditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any chan~e in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient 3-die of Authorized Officer Date signed X Warning: HUD will prosecute false claims and statements. Conviction rnay result in cdminal and/or civil penalties. (18U.S.C. 1001, 1010,1012; 31 U.S.C. 3729, 3802) Previcus editions are obsolete form HUD~7015.15 (1/99) CITY OF DUBUQUE, IOWA MEMORANDUM January 11, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Submission of Fiscal Year 2000 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and Responses to Management Letter Finance Director Ken TeKippe is transmitting the Fiscal Year 2000 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City Responses to the Management Letter. Michael C. Van Milligefi ~ MCVMJjh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Kenneth J. TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: DATE: Michael Van Milligen, City Manager Kenneth J. TeKippe, Finance Director ~ c~0. ~-& ~t, Submission of Fiscal Year 2000 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and Responses to Management Letter January 10, 2001 INTRODUCTION The purpose of this memorandum is to submit the Fiscal Year 2000 CAFR and Parking Facilities Financial Statements audited by Eide Bailly, LLP, and to enclose the Auditor's Management Letter along with the City Finance staff's response. The City's independent andkor found no instances of non-compliance with all applicable laws, regulations, contracts, and grants; and found the general-purpose financial statements free of material misstatement. The auditor's report also notes that there are no material weaknesses in the City's internal control structure. BACKGROUND The City of Dubuque is required to have an annual audit in accordance with generally accepted auditing standards, Chapter 11 of the Code of Iowa, Government Auditing Standards and Office of Management and Budget (OMB) Circular A-133. This Comprehensive Annual Financial Report is in conformance with the standards set by OMB Circular A-133. This federal regulation mandates audit standards for federal programs. The financial reports for governmental funds were prepared on the modified acCrual basis of accounting, under which revenues are recorded when they are measurable and available and expenditures (other than interest on long-term debt) are recorded when the liability is incurred. Financial reports for enterprise activities (Sewage Disposal Works, Water Utility, Parking Facilities, Refuse Collection, Transit System) were prepared on a full accrual basis. Separate financial statements are required for Parking Facilities and Dubuque Metropolitan Area Solid Waste Agency and have been received. The financial information for these entities is included in the City of Dubuque Comprehensive Annual Financial Report. AUDITOR'S MANAGEMENT LETTER As part of the annual audit, the Auditor provides comments in a management letter for improving the financial management system of the City. The Auditor's comments are attached as well as Finance Department responses. ACTION STEP It is recommended that the City Council receives and files the Fiscal Ye~ 2000 reports identified above and receives and files this communication and related enclosures. Should any Council Member desire a copy of the financial statements for the Dubuque Metropolitan Area Solid Waste Agency, they are available in the Finance Department. KIT/~dnm Enclosures City of Dubuque FY 00 CAFR Parking Facilities Financial Statements Auditor Management Letter Responses to Comments in Management Letter EideBailly= Consultants · Ce~fied Public Accountants To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa We have audited the financial statements of the City of Dnbuque, Iowa, as of June 30, 2000, and have issued our report thereon dated December 4, 2000. Our professional standards requ/re that we communicate with you concenfmg matters that may be of interest to you in fulfilling your obligation to oversee the financial reporting and disclosure process for which the management of the City is responsible. We have prepared the following comments to assist the Mayor, City Council, and management in fulfilling that obligation. Our Responsibility Under Generally Accepted Auditing Standards and OMB Circular A-133 We conducted our audit of the City's 2000 financial statements in accordance with generally accepted auditing standards; Chapter 11 of the Code of Iowa; and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards and provisions require that we plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. Those standards and provisions also require that we obtzim an understanding of the City's internal control sufficient to enable us to properly plan our audit. An audit includes exanthfmg, on a test basis, evidence supporting the amounts and disclosures in the financial statc~ments. An audit also includes assessing the accounting principles used and the significant esfnuates made by management, as well as evaluating the overall financial statement presentation. Our audit does not provide absolute assurance or guarantee the accuracy of the financial statements and is subject to the inherent risk that errors, fraud or illegal acts, if they exist, have not been detected. In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. We also considered internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. As part of obtairimg reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a cFn:ect and material effect on the deterrmnation of financial statement mounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. Also, in accordance with OMB Circular A-133, we examined, on a test basis, evidence about the City's compliance with the types of compliance requirements described in the ~ S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement applicable to each of its major federal programs for the purpose of expressing an opinion on the City's compliance w/th those requirements. While our audit provides a reasonable basis for our opinion, it does not provide a legal determination on the City's compliance with those requirements. 3999 Pennsylvania Ave. ° Suite 100 ° Dubuque, Iowa 52002.2639 ° 319.556.1790 ' Fax 3 I9.557.7842 Offices in Arizona, Iowa, Minnesota, Montana, Nord* Dakota and South Dakota · Equal Opportunity Employer To the Honorable Mayor and Members of the City Council Page 2 Significant Accounting Policies 7he City's significant accounting policies are disclosed in the notes to the financial statements. There were no changes to the significant accounting policies during the year. Significant Audit Adjustments We discussed all adjuslments to the financial statements with the City's staff during the audit. There were no significant audit adjustments made to the financial statements. Disagreements with Management We had no disagreements with management regarcrmg the application of accounting principles, the basis for management's judgments about accounting estimates, the scope of the audit, the disclosures to be included in the financial statements or the wording of our report in the 2000 financial statements. Difficulties Encountered in Performing the Audit We experienced no difficulties in dealing with management relating to the performance of our audit. We received excellent cooperation of management and staff. We believe that we had direct and unrestricted access to the City's management. Other Comments We have included additional comments regarding the financial statements and operations. These comments are not a result of in-depth study of any specific areas but are based on observations made during the course of our audit. We would like to take this opportunity to express our appreciation to your staff for the cooperation that we received during the course of our audit. If you have any questions concerning the matters presented herein, or wish to discuss any other aspect of the audit, we will be pleased to meet with you at your convenience. Th/s report, a public record by law, is intended solely for the information and use of the officials, employees, and citizens of the City of Dubuque, Iowa, and other parties to whom the City of Dubuque, Iowa, may report. This report is not intended to be and should not be used by anyone other than these specified parties. December 4, 2000 Dubuque, Iowa CITY OF DUBUQUE, IOWA YEAR ENDED JUNE 30, 2000 OTI:~ER COMMENTS Conversion of Accounting Records The City maintains its accounting records using the cash Basis of accounting. However, in order to comply with generally accepted accounting principles, the comprehensive annual financial report (CAFR) must be prepared using the modified accrual/accrual basis of accounting. Eide Bailly LLP currently makes all adjustments at year-end which are necessary to convert the City's cash-basis amounts to the mounts used in the CAFR. At this time, the City is only doing the workpapers needed to convert the accounting records to the modified accrual/accrual basis at year-end. Eide Bailly LLP must still make the journal entries and prepare the financial statements. Although it may require increased staffing levels, we encourage the Finance Department to continue in their advancement of converting to the modified accrual/accrual basis and preparation of the financial statements required in the CAFR. Policies and Procedures We noted that the City has begun to develop a written manual of accounting policies and procedures but that the manual is not complete at this time. Such a manual helps to define the roles and duties of employees and ensures that policies and procedures are consistently applied. The City should continue to develop the manual of accounting polices and procedures and complete it as soon as possible. Five Flags Cash Account The City has t~vo checking accounts for the Five Flags Civic Center; one for the box office and one for concessions. Five Flags personnel prepare a monthly financial statement for the Civic Center and in the following month remit a check to the City for the City's share of the previous month's revenue generated by the Civic Center. The City should record the revenue from Five Flags in the same period as it is received at the Civic Center since this money is both measurable and available rather than in the following month as is currently done. This will ensure that this revenue is recorded in the proper accounting period. Federal Awards The City receives many federal awards each year. Some of these award programs are ongoing from year to year, such as the CDBG Entitlement Program. There are other federal programs that last from one to three years. For all federal programs, 'there are federal requirements that must be adhered to in order to be in compliance with federal laws and regulations. Presently, the City of Dubuque has a part-time person in the Finance Department giving limited accounting assistance to some of the departments with federal programs. We recommend that the City expand this position to offer compliance assistance, in addition to accounting assistance, to all departments that receive federal grants. This position would assist the City in staying in compliance with federal laws and regulations and would elin~mate much mmecessary time being spent in various City deparmaents trying to determine which compliance elements apply to their particular grant. CITY OF DUBUQUE, IOWA YEAR ENDED JUNE 30, 2000 OTHER COMMENTS Outstanding Checks In reviewing bank reconciliations, we noted numerous old outstanding checks on both the general account and the payroll account. These items should be investigated, and the old checks vffitten off if appropriate. -GASB 34 The Governmental Accounting Standards Board has issued Statement 34, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments. This statement presents the most sweeping changes ever in financial reporting for local governments. When implemented it will create new information and will restructure much of the information tJmt governments have presented in the past. The following are some of the major changes required by the statement: Management's discussion and analysis of the financial statements will be required supplementary information. The basic financial statements will now include additional entity-~vide financial statements prepared on the accrual basis. The fund level statements will present "major funds" rather than having totals for each individual fund type. Since the fund level statements for governmental funds will continue to be presented on the modified accrual basis, a reconciliation to the entity-wide statements must be presented. Fixed assets and long-term debt, wh/ch had previously been reported in account groups separate from the funds, will now be reported withth the funds in the entity-wide statements, and depreciation must be recorded on the fixed assets. Also, the fixed assets are to include inlYastmcture assets deternfmed on a retroactive as well as prospective basis. Infrastructure assets must also be depreciated unless you choose to adopt the allowable modified approach described in the statement. Budget to actual comparisofis will now be required supplemental information and must include information on the original adopted budget as well as the final adopted budget. There are many more changes that will be required to your financial reporting in order to comply with all of the provisions of Statement 34. We recommend that you familiarize yourselves with the statement and begin planning for the many changes that will be needed. The requirements of the statement are effective in three phases based on a government's total revenues (excluding extraordinary items) for the year ended June 30, 1999. Based on this information, we believe the City of Dubuque is required to adopt the statement for the fiscal year ending June 30, 2003. CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: DATE: Michael Van Milligen, City Manager Kenneth J. TeKippe, Finance Director Audit Management Letter-Year Ended June 30, 2000 January 10, 2001 INTRODUCTION Responses to the "other comments" section o£the December 4, 2000 management letter issued by Eide Bailly LLP subsequent to completion of the FY 00 audit of the City are hereby submitted. BACKGROUND A separate section in the Comprehensive Annual Financial Report (CAFR) for FY 00 details specific findings and recommendations as well as City responses. Pages 99~103 of the report provide this information. In addition to the comments in the report, a management letter dated December 4, 2000 was issued which includes more general comments relative to improving the City's overall accounfmg and control systems. DISCUSSION Finance Department responses to the other comments follow: Conversion of Accounting Records - As noted in the management letter, City staffprepared all workpapers to convert records to the modified accrual/accrual basis. City staffwill continue to work towards converting records from cash to GAAP at year end. Increasing hours for professional account'mg staffwill be beneficial to addressing this issue. Policies and Procedures - Selected policies and procedures, such as travel reimbursement, fixed asset accounting, and purchasing are documented by Citywide administrative policies. The Finance Department will prepare a manual of accounting polices and procedures to help define roles and duties of employees. This manual will be beneficial in cross training employees and training new employees. Five Flags Cash Account - Adjustments w'rll be made in revenue recording to assure that revenue is recorded in the accounting period in which it is earned. Federal Awards - The City Finance Department has expanded consolidated record keeping for federal and state grants. The number of grants and departments involved in grant projects has grown considerably over the past few years, with the number of individual grants doubling. We will review the need to expand the grant accounting function to include compliance elements other than financial. Outstanding Checks - All old outstanding checks are being investigated and will continue to be reviewed on a regular basis. Payees on old checks are being contacted. Checks will be reissued, voided, or cashed as appropriate. GASB 34 - Finance Department management has begun the process of preparing for implement'mg GASB 34. The FY 02 budget includes the utilization ora consult'rog firm to assist with the project. The implementation will be a major project for the Finance Department and will require the assistance of other city departments. January 5,2001 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ~l]~e Honorable Terrance Duggan, Mayor City of Dubuque City Hall - 1305 Central Ave. Dubuque, IA 52001 SUBJECT: Local Housing Assistance Program Application #01-LHAP-002 Project Name: Housing Trust Fund-Slum Clearances & Construction of Affordable Homes ~.,,m Ma.yut ~uggan. t am pleased to inform you the Iowa Department of Economic Development intends to award Dubuque a Local Housing Assistance Program (LHAP) grant in the mount of $100,000.00. Due to the competitiveness of the program your award may have been reduced from the original amount applied for. Your award is for acquisition, demolition, and new construction. Please indicate your acceptance of the award terms and conditions set forth in this letter by signing the attached form. Remm the signed copy by fax (515/242-4809) or mail it to the attention of your project contact person, Donna Grgurich. If you have questions, feel free to call her at (515) 242-4766. Contract documents Will not be prepared until DED has received your signed acceptance of fffis letter. You are invited and encouraged to attend the "LHAP Recipient Workshop" on Tuesday, February 6. This will be broadcast over the Iowa Communications Network (ICN) in several locations around the state. Enclosed is the brochure with information on the workshop. Please have the person(s) adm/nistering your LHAP project attend with you. Congratulations on receiving an LHAP award. We look for~vard to working with you to help meet Iowa's critical unmet housing needs. S/ncerely, CC: David Harhs, City of Dubuque - Housing Services Department Dennis Brehm File (Donna GrgmSch) THOMAS J. VILSACK, GOVERNOK SALLY J. PEDERSON, LT. GOVERNOR C.J. Niles, Director- 200 East GrandAvenue · DesMoines, Iowa 50309-1827 · 515.242.4700 · Fax: 515.242.4809 info@ided.state, lmus · TTY:' 1.800.735.2942 ° vavw. state.i0~m/ided The undersigned acknowledges, accepts and agrees to the commitment of LHAP financing subject to the above-referenced terms and conditions on this date, Recipient: Dubuque Contract #01 -LHAP-002 Signed by: CITY OF DUBUQUE, IOWA MEMORANDUM January 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager National Association of Telecommunications Officers and Advisors In response to a request from the Board of Directors of the National Association of Telecommunications Officers and Advisors, I respectfully request Mayor and City Council approval of a contribution of $1,000 to support submittal o£reply comments in the FCC Notice of Inquiry Concerning High-Speed Access to the Intemet Over Cable and Other Facilities. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Merrill C. Crawford, Cable Franchise Administrator Merrill Crawford Fro~: Elizabeth Beaty [Ibeaty~natoa.org] ~nt. Friday, De~mber 22, 2000 10:20 AM To: 'membem~natoa.org' Subject: [members] Cable A~ess NOI - In need Impo~ance: High it is critical to the interests of NATOA's members and other jurisdictions across the country that NATOA file reply comments in the FCC Notice of inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185. The Board is certain that the potential consequences in this case are extremely high, including the loss of franchise revenues in the range of $2 billion per year, and the long-term viability of Title VI and cable regulation generally. NATOA, with the assistance of both member and non-member contributions was able to raise the $20,000 required to cover the costs of initial comments in this proceeding. We thank all of those communtities and organizations who aided us in this initial effort. At this time, 103 parties have filed comments in the proceeding, raising a whole new challenge with respect to the reply ccrmment phase. Ciearly~ all local franchising authorities should recognize the importance of this FCC case and to the extent they are able, be willing to share the financial burden it places on NATOA to represent our mutual interests. Without your financial support, NATOA and the hundreds of LFA's that it represents will not have a voice in this crucial public policy issue and regulatory decision. We have determined that NATOA must raise a total of an additional $15,000 to cover the preparation of reply comments. The Board will work with the sum~aries to determine appropriate and consistent policy positions that should be reflected within the reply comments to be filed. We have again engaged the services of Miller Van Eaton to prepare this work. Time is of the essence. The reply comments are due at the FCC on January !0~ 2001~ I am requesting the support of all member communities interested in being represented in this proceeding. I am also requesting that the Chapter Presidents contact their member communities to invite any non-NATOA community to join us as well. A copy of the initial comments are on NATOA's website under News, and copies of all pleadings in this case are available via the FCC URL below the signature line of this letter. I have also included instructions for filing separate comments or letters within this docket. We hope, based upon your review of the comments filed by NATOA and other parties that you will be able to join us as a party in this next round of most important reply comments. I ask that any interested co~unity contact me directly at lbeaty@natoa.org as soon as possible. Sincerely, Libby Beaty Executive Director Here is the complete URL for the FCC page containing comments. Please note that if the URL breaks up, be sure to copy the entire contents to place into your browser. Alternatively, you can go directly to the FCC website, select E-Filing, select Electronic Comment Filing System (ECFS) from the list, select "Search ECFS" from the list, enter 00-185 into block 1. of the form for "Proceeding" and click "Retrieve Document List." ! http://gullfoss2.fccogov/cgi-bin/websql/prod/ecfs/comsrch_v2.hts?ws_mode=ret rieve_list&id_proceeding=00-185&start=l&end~81&first_time=N This is a "permit but disclose" docket for ex parte purposes. Any community may file an ex parte letter through this system as well. Follow the same instructions as above, but choose "Send a file or brief comment using you Internet browser" or choose "Send a Comment using your e-mail." If you select the first option, you can upload a letter from your system into the electronic filing system, using a browse function for selecting the appropriate drive and document. Any party making a written ex parte presentation must copy those individuals designated by the FCC in paragraph 62 of the Notice for this GN Docket No. 00-185, A copy of the Notice can be pulled from the FCC website by following the ECF$ instructions above. CITY OF DUBUQUE, IOWA MEMORANDUM January 10, 2001 To: Honorable Mayor and City Council From: Pamela Myhre, Acting Community & Economic Development Director Subject: Community Development Advisory Commission Vacancies This is to inform you of current vacancies in Community Development Advisory Commission. William Daughtery (Census Tract 1) will be leaving Dubuque and has formally resigned effective December 4, 2000. Michael J. Kelley (Census Tract 2) resigned on November 21st due to moving out of his designated census tract but he has agreed to serve until a replacement has been appointed. Assistant City Attorney Tim O'Brien has confirmed that Mr. Kelly can continue as a Commission member until that time. Census Tract 3 has been vacant since April 1996 and although the position has been advertised numerous times, no applications have been submitted. ACTION STEP Appointment by the City Council is needed for new members for Community Development Advisory Commission for Census Tract 1, 2 and 3. These openings are currently being advertised. Prepared by Aggie Kramer, Community Development Specialist F:\Councit\CED\vacancy.cd.mem.doc ¥t 'enbnqnG G3AISO S RESOLUTION NO. 16 -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. George E. Waddell Sr Express Depot, Inc Hy-Vee, Inc CLASS"C"BEER PERMIT Iowa Potato & Produce House+(Sunday Sale) Liquor Depot of Dubuque+(Sunday Sale) Hy-Vee #2+(Sunday Sale) 2600 Dodge St 1620 JFK Rd 4800 Asbury Rd Passed, approved and adopted this 15th day of January, 2001 Attest: ~<i'~n'ne F. schn~der City Clerk / - . Terrance--jyC//~uggan //' Mayor RESOLUTION NO. 17 -01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the · same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERClAL) BEER/LIQUOR LICENSE Apartments Limited Cor Phillip R. Love Mul, Inc Dubuque Religious Center Hy-Vee Inc. Express Depot, Inc Dubuque Mining Co+(Sunday/Outdoor Sale) The Lounge+(Sunday/Outdoor Sale) A and B Tavern CLASS "B"(WINE) Dubuque Religious Center Hy-Vee # 2 Liquor Depot of Dubuque 555 JFK Rd.. 481 Locust St 2600 Centra Ave 923 Main St 4800 Asbury Rd. 1620 JFK Rd. Passed, approved and adopted this 15th day of January, 2001 Attest: (Je/anne F. Schneider City Clerk Mayor