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Main St Town Clock openingMEMORANDUM December 12, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Main Street Reconstruction, 5th to 9th Streets Sealed bids were received for the Main Street Reconstruction, 5th to 9th Streets. Public Works Director Mike Koch recommends award of the contract to the Iow bidder, Portzen Construction, Inc., in the amount of $1,864,870.39, which is 20.3% under the engineer's estimate. He further recommends an amendment of the Preliminary Schedule of Assessments. 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 Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Main Street Reconstruction, 5th to 9th Streets INTRODUCTION The enclosed resolution provides for the award of the construction contract for the Main Street Reconstruction Project - 5th to 9th Streets. Also attaohed is a resolution amending the Preliminary Schedule of Assessments to correct two errors. DISCUSSION The reconstruction of Main Street from 5th to 9th Street includes the complete removal of the existing Plaza surface in preparation of the construction of a two- way, 24-foot wide concrete pavement with sidewalks and amenities behind the curb. The Town Clock would remain in its Present location and traffic would be diverted around both sides of the clock structure, The design will allow cars, busses, small trucks, and fire engines to maneuver around the clock in either direction. The street would include cutouts for short-term parking on both sides of the street in select areas. These parking areas were tailored for each business's needs. Diagonal parking will be provided in front of Graham's. In those areas without parking, there will be additional space for trees, benches, trash receptacles, and streetlights. Sealed bids were received on December 6, 2001. The Iow bid was submitted by Portzen Construction, Inc. of Dubuque, Iowa, in the amount of 91,864,870.39. The bid is 20.3% under the engineer's estimate. The bid should lower the assessments by approximately 19.07%. The following is a summary of the bid proposals received: Portzen Construction, Inc. $1,864,870.39 Tschiggfrie Excavating Co. $2,268,236.36 The bid includes an early completion bonus of $2,500 per day prior to August 31, 2002, with a 30-day maximum for 975,000. The project is assessable, with 25 percent (25%) of the street cost assessed, less watermain, fiber optic conduit, and other typical items paid totally by the City. RECOMMENDATION Since the preliminary assessment notices were mailed, a couple of errors were pointed out in the City schedule of assessments. An assessment levied against American Trust & Savings Bank should have been levied against AmTrust; and there was an incorrect parcel number for a property parcel owned by Security Partners, L.P. Attached is a resolution amending the Preliminary Schedule of Assessments to correct these two errors. I recommend that the construction contract be awarded to Portzen Construction, Inc. in the amount of $1,864,870.39. Because Main Street is an assessable project, there are special voting requirements needed for passage of the project by the City Council pursuant to State Code. In order to award the contract, a simple majority vote (4-3) will be required. There is, however, a higher standard required for the adoption of special assessments. The adoption of any special assessment requires a three-fourths vote (6-1) of the Council. Should written petitions against the project representing 75 percent or more of the dollar amount being assessed be filed with the City Clerk, a unanimous vote (7-0) of the Council is required to approve the assessments. BUDGET IMPACT The construction cost estimate for the Main Street Reconstruction Project - 5th to 9th Streets is as follows: Estimate Bid Construction Contract Contingency Inspection Construction Staking Early Completion Bonus $2,341,105.87 234,110.59 221,000.00 30,000.00 75,000.00 $1,864,870.39 234,110.59 221,000.00 30,000.00 75,000.00 Total Project Cost $2,901,216.46 $2,424,980.98 The project will be funded as follows: Estimate Bid Street Construction Funds Local Option Sales Tax Fund Special Assessment To Property Owners Special Assessment To City- Owner Property 402,774.54 $402,925.14 1,873.831.44 1,516,541.88 543,082.37 439,531.08 81,528.11 65,982.88 Total Project Funding $2,901,216.46 $2,424,980.98 The project will be funded from the Street Construction and Local Option Sales Tax Funds, utilizing funds from Fiscal Year 2003 ($1,446,700) and 2004 ($781,903). The project, as outlined, will require $1,446,700 in City funds, leaving a balance of $243,153.10 in the City funding which was originally designated for this phase of the Plaza redevelopment. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution awarding the construction contract to Portzen Construction, Inc., through the adoption of the enclosed resolution. MAK/vjd Prepared by Michael Felderman Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-486d RESOLUTION NO. - 01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for Main Street Reconstruction Project, 5th to 9th Streets, pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of November, 2001. Whereas, said sealed proposals were opened and read on the 6th day of December, 2001, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $1,864,870.39 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 Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Dfrector Address: 50 W. 13~ S~'eet, Dubuque, IA 5200%4864 RESOLUTION NO. - 01 RESOLUTION AMENDING PRELIMINARY SCHEDULE OF ASSESSMENTS FOR MAIN STREET RECONSTRUCTION PROJECT - 5TM TO 9TM STREETS Whereas, the City Council passed Resolution No. 505-01, dated November 19, 2001, approving the Preliminary Schedule of Assessments for the reconstruction of Main Street, from 5th to 9th Streets; and Whereas, it has been determined that the Schedule of Assessments contained two errors which need to be corrected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following amendments, as shown on the attached sheet, be made to Resolution 505-01, Preliminary Schedule of Assessments, for the reconstruction of Main Street, from 5th to 9th Streets. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk December 12, 2001 Dubuque City Council Members City of Dubuque 50 West 13t~ Street Dubuque, Iowa 52001-4864 Dear Honorable Mayor and City Council Members: First and foremost, we again appreciate the time you all have spent on various downtown projects, especially your attention to the Town Clock Plaza. This has been a long process. We, the owners, the property tax payers, and the individuals responsible for the assessments, would like to have Mare Street open from 5t~ to 9m Streets, with short-term parking available. The legitimate bid before you is a fair proposal, submitted by a competent, local contractor. The nonpartisan thing to do is approve and fund this contract, allowing the development of our downtown to move fonvard. Thank you for "doing the fight thing" by reopeulng Main Street. Sincerely, Name Nich~as J. Schrup III Business American Trust & Savings Bank~ Date Business Date Business Date Name Business Date Nme / Bus~e~ ' ~ Date N Bus.ess Date Nanle Business Business Date Date Business Date Business ' Date Nanle cc: Mike Van Milligen Business Date Cedar Rapids Waterloo Dubuque Iowa City Dec. 10, 2001 Jeanne F. Sclmeider, Ci~' Clerk CiO Hall 50 West 13m street Dubuque, Iowa 5200144864 Fr: Dubuque TV Limited Partnership Re: Assessment to 744 Main Street of $10,881.61 Parcel 10.25.205.003 This is my letter of protest to the proposed assessment to me as a properl3j owner on _.'Mai~t Street in Dubuque, Iowa. This is a project promoted by the cid~ staff and some misguided members of the Ci~' Corn,ell. Il'they, in good conscious, can spend 2.6 million dolhrs of the tax payers money for such a questionable project then so be it,. but don't expect me to help pay for it. This project is not supported by a majoriB~ of thc property owners involved and I do not believe that it is supported by a majority of ~he taxpayers in Dubuque. I see no possible benefit from it to my bt~siness. Therefore, I am totally opposed to an3' assessment to me as a l~'operty ow~aer. Thomas G. Bond General Partner Dubuque ~' Limited Parmership O ::= ~ 744 Main Street , Box 1090, Dubuque,la 52004 , Phone: 563-556-4040 , Fax: 563-585-0108 IOWA OFFICE DUBUQUE BUILDING 700 LOCUST ST STE 701 DUBUQUE, IOWA 52001-6824 TELEPHONE (563) 557-1354 FAX (563) 557-5086 DAVID W. LEIFKER LAW OFFICES December 7, 2001 WISCONSIN OFFICE EAGLES BLUFF 1000 WHISPERING LANE HAZEL GREEN, WISCONSIN 53811 TELEPHONE (608) 748-4740 Mayor and City Council City of Dubuque City Hall 50 West 13th St Dubuque, IA 52001 RE: Destruction Of Town Clock Plaza Dear Mayor and City Council: I have written many letters and I am sure my position, which is shared by most interested persons, is well known to you. I submit Central Avenue is living, or should I say dying proof, that street traffic will not revitalize the downtown commercial area. The Walsh Store stands as stark testament to the demise of the downtown as a vibrant retail commercial area! The logic of a couple of council persons is faulty at best. Each City has to be looked at individually and you ean't make wholesale assumptions based upon what other cities have or have not done. Parking tickets and the creation of the west side malls and accompanying ancillary businesses have irrevocably removed the commercial heart of the city to the west side. Lets get on with renovating the Town DWL:lak David wz Clock P~a. ifker KIELTY MANAGEMENT SERVICES 1473 CENTRAL AVE DUBUQUE, IOWA 52001 12/12/01 Mayor Terry Duggan Members of the City Council Dubuque, Iowa This letter will serve as our written disagreement with, and opposition to, the proposed street assessment of $38,968.59 for the real property commonly known as the Nesler Centre, 799 Main Street, Dubuque, Iowa, 52001. This letter is written on behalf of the property owners: Banner Investments. The proposed assessment is for the planned Main Street Reconstruction. Banner Investments had been recently assessed $24,842.97 for the past Eighth Street Reconstruction. As part of the Eighth Street Reconstruction project, it was recommended to us that we should replace the water main leading to the Nesler Centre. The water main is located under Eighth Street and future repairs, if required, would have been more expensive once the new Streetseape was completed for Eighth Street. Overall costs for this project was $18,500.00. During the Eighth Street Reconstruction project, Tim Moerman, the Assistant City Manager at that time, had indicated to me that if any future street assessments would be planned for Main Street, Banner Investments would be given consideration for reduction of assessment percentage. It was considered reasonable to anticipate an assessment adjustment in the range of 25% to 40%, depending upon the actual total amount of thc projected assessment. It was my understanding that all of the property owners located on the Eighth and Main intersection would receive this assessment consideration since we were affected by both reconstruction projects. Based upon the projected assessment for the Main Street Reconstruction, Banner Investments would have spent over $80,000.00 for costs related to the two street reconstruction projects. This amount of money is a hardship for any property owner, but adding to the burden is the additional interest paid while amortizing the assessment. I would ask that you reconsider the projected assessment for not only the Nesler Centre Building, but also for the other three buildings located on Eighth and Main Streets. Thank you for your attention to the matter. I can be reached at 582~9043 at any time to discuss the assessment costs with any member of the City Council, or with the City Staff. Partner, Banner Investments I urge you to not encttrnber the city nor its taxpayers with the costs associated with the redevelopment of the downtown plaza area. It seems incongruous that such would even be considered when a look-back reveals that the forbears of the present petitioners were the petitioners who brought the existing plaza into being, all without the assessment of any of the benefiting adjacent property owners. I watched downtown when the Penney and Kresge stores were still in operation and witnessed many of the local shop owners locking their doors whenever they felt it reasonable for them and irregardless of the support needed by the two anchor stores still present.. Can anyone imagine how long Kennedy Mall would survive were individual stores be allowed to set their own hours? Not very long!! And yet some on our council are ready to rush pell-mell into millions in expenditures without the slightest binding commitment from the property owners and business operators. This is not good business and is unfair to all other propea~ owners throughout the community. Robert O'Brien - 17 December 2001 2198 St. John Drive Dubuque, IA 52002 nicc. edu Northeast Iowa Community College Calmar · Peosta · Dubuque · Oelwein · Manchester · New Hampton President Robert ~. Denson December 12, 2001 Secretary to President and Board danet Bullerman Linus Rothmeyer President Calmar De Kenneth Reimer Vice President Elkader Ross Edwards Fredericksburg Jim Anderson Decorah Jean Sharff Oelwein Daniel Willenbring Dyersville Daniel White Dubuque Larry B latz Dubuque Ronda Kirkegaard Dubuque Jeanne F. Schneider City Clerk's Office City Hall 50 West 13th Street Dubuque, IA 52001-4864 Dear Ms. Schneider: The Northeast Iowa Community College Board of Trustees at their December 10 meeting discussed at some length the opening of Main Street to through traffic. The Board of Trustees has not changed its position regarding its opposition to reopening Main Street. When the College committed nearly $3 million to purchase and remodel the Dubuque Center, it was done with the understanding that the plaza would be updated and would remain closed. The second phase of remodeling was done without concern for the kind of noise and distractions that will be created by opening the street to through traffic. Karla Berns, Provost Of the Peosta Campus and Dubuque Center; will be attending the meeting on December 17 as a representative of the Board of Trustees and to speak on their behalf. Sincerely, Janet Bullerman District Secretary Office of the President, P. O. Box 400, Calmar, lA 52132 Phone 563.562.3263 or 800.728.2256, ext. 201 FAX 563.562.3719 densonr~nicc.cc.ia.us PRELIMINARY SCHEDULE OF PROPOSED ASSESSMENT Property Owner: Assessed Address: Mailing Address: Parcel Number: Banner Investments 1473 Central 1473 Central Dubuque, IA 52001 10.25.204.002 Public Improvement.~ Valuation with Improvement: Net Paving Assessment: Deficiency Assessment: Gross Assessment: Water Service Assessment: Total Net Assessment: $1,105,298.59 $38,968.59 $o.oo $38,968.59 $0.00 $38,968.59 City Clerk's Office City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org November 30, 2001 NOTICE TO PROPERTY OWNERS Notice is given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot of the valuation of each lot within a district approved by the City Council of Dubuque, Iowa, for an improvement of the type(s) and in the locations(s) as follows: Main Street Reconstruction The reconstruction of Main Street from 5Ih to 9th Street includes the complete removal of the existing Plaza surface in preparation of the construction of a two-way, 24-foot wide concrete pavement with sidewalks and amenities behind the curb. The Town Clock would remain in its present location and traffic would be diverted around both sides of the clock structure. The design will allow cars, busses, small trucks, and fire engines to maneuver around the clock in either direction. The street would include cutouts for short-term parking on both sides of the street in select areas. These parking areas were tailored for each business's needs. Diagonal parking will be provided in front t of Graham's. In those areas without parking, there will be additional space for trees, benches, trash receptacles, and streetlights. Brick tree grates, rather than open grates, will be used for pedestrian safety. Tables will be placed at various locations throughout the Plaza. The benches will be black ornamental benches and would be placed back-to-back, perpendicular to the street. The benches should be located within 8 to 10 feet of the tree planters to allow for ease of conversation in various seating arrangements. The street will be constructed of standard concrete; the parking areas in red- colored concrete; the planting areas in stamped-colored concrete in a brick pattern; and the sidewalk will be buff-colored concrete similar to the colors surrounding City Hall. The street amenities will include Iow monuments/kiosks, which can be used to close Main Street during special evens. It is anticipated that the closures would utilize some sort of banner strung between the two monuments. The monuments will be placed to allow for various combinations of closures on Main Street. Service People Integrity Responsibility Innovation Teamwork Main Street, 5m to 9m Street All property abutting along the line of the described improvement. The City Council will meet at 6:30 p.m., on the 17th day of December, 2001, at the Public Library Auditorium, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting L~/Jeanne F. Schneider City Clerk