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2 5 01 City Council AgendaCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING AGENDA MONDAY, FEBRUARY 5, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend Anthony Noel, Pastor of Abundant Harvest Church of God FRENCH STUDENT PROGRAM Introduction of students from Divine Word Seminary CONSENT ITEMS (See Pages 5-10) The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. BOARDS/COMMISSIONS INTERVIEWS for the following Boards/Commissions: Building Code Board of Appeals (2 Vacancies): Chuck Carr (General Contractor); Richard Luchsinger (At-Large) Community Development Advisory Commission (4 Vacancies): Charles Isenhart (Census Tract #1) Environmental Stewardship Advisory Commission (2 Vacancies): James Giesen (At-Large); Art Sunleaf APPOINTMENTS to the following Boards/Commissions: Environmental Stewardship Advisory Commission (2 Vacancies): Laslee Spraggins ACTION ITEMS Dubuque Golf and Country Club - Stop Sign Change Request City Manager recommending approval of a request from the Dubuque Golf and Country Club to reassign the right-of-way to Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at Rider. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider Street and Bradley Street Suggested Disposition: Receive and File; Motion B; Motion A Design Review Process - Town Clock Plaza Communication from the Historic Preservation Commission requesting that they be permitted to participate in the future design review process for improvements to the Town Clock Plaza area. Suggested Disposition: Receive and File; Council Decision Amendment to Building Code Demolition Districts City Manager recommending an amendment to the Code of Ordinances pertaining demolition permits. ORDINANCE Amending Chapter 1 1 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 1 1-4 pertaining to waiting period for demolition permits Suggested Disposition: Receive and File; Motion B; Motion A Loras College - Right-of-Way Construction Ordinance City Manager recommending approval of a request from Loras College to utilize public right-of-way to install a water supply line for their geothermal system for the new Academic Resource Center. ORDINANCE Authorizing Loras College to construct a geothermal water service Suggested Disposition: Receive and File; Motion B; Motion A Hazard Mitigation Plan City Manager recommending appointments to the Hazard Mitigation Plan Task Force Committee. Suggested Disposition: Receive and File; Approve; Council Appointment 2 COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Oak Street Sanitary Sawer City Manager submitting documents providing for construction of the Oak Street Sanitary Sewer Extension Project. RESOLUTION Preliminary approval of plans and specifications for project in estimated amount of $112,344.65 RESOLUTION Fixing date of hearing on plans and specifications for March 5, 2001 RESOLUTION Preliminary approval of Resolution of Necessity for project RESOLUTION Fixing date of hearing on Resolution of Necessary for March 5, 2001 RESOLUTION Approving preliminary Schedule of assessments RESOLUTION Ordering bids RESOLUTION Authorizing Eminent Domain proceedings to be initiated to acquire sanitary sewer easements for construction of the Oak Street sanitary sewer Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 315/01 Allan J. Becker - Request to Vacate City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Allan J. Becket, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kerper Boulevard. RESOLUTION Approving plat of a portion of Kerper Boulevard (Lot 2A of Bradley Place) ORDINANCE Vacating a portion of Kerper Boulevard (Lot 2A of Bradley Place) RESOLUTION of Intent to dispose of City interest in Lot 2A of Bradley Place, Dubuque, Iowa Suggested Dispoe~on: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 2/19/01 3 Area Residential Care, Inc. - Request to Vacate City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Area Residential Care, Inc., to vacate a portion of Kerper Boulevard. RESOLUTION Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) ORDINANCE Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) RESOLUTION of Intent to dispose of City interest in Lot 2A, Block 1 5, River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 2/19/01 Thomas Luksetich and Steve Smith - Request to Vacate City Manager recommending that a public hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and Steve Smith to vacate a portion of Kerper Boulevard. RESOLUTION Approving plat of a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) ORDINANCE Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Subdivision No. 3) RESOLUTION of Intent to dispose of City interest in Lot 2A, Block 15, River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 2/19/01 Fiscal Year 2002 Annual Action Plan City Manager recommending that a public hearing be set for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant Annual Action Plan. RESOLUTION Setting a public hearing on the Program Year 2001 (Fiscal Year 2002) Community Development Block Grant (CDBG) Budget Suggested Disposition: Receive and File; Adopt Resolution: Public Hearing 2126/01 4 United Rental Property / City of Dubuque - Proposed Lease CiW Manager recommending that a public hearing be set for February 19, 2001, to consider a proposed lease agreement between the City and United Rentals, Inc. RESOLUTION of Intent to dispose of an interest in real property by lease with United Rentals, Inc. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/19/01 Amendment to Stout Place Urban Revitalization District (Iowa Inn Project) City Manager recommending that a public hearing be set for Monday, March 5, 2001 to consider amending the Stout Place Urban Revitalization Plan (Iowa Inn Project). RESOLUTION Setting a public hearing on a proposal to amend City of Dubuque Ordinance #12-98 Establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/5/01 CONSENT ITEMS Minutes Submitted Airport Commission of 12/28/00, 1/03, and 1/08; Cable Community Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15; Civil Service Commission of 12/27/00; Environmental Stewardship Advisory Commission of 1/9; Five Flags Commission of 12/18/00 and 1/15/01; Housing Commission Trust Fund of 1/18; Human Rights Commission of 11/13/00; Investment Oversight Commission of 1/18; Long Range Planning Advisory Commission - Downtown Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board of 1/17 Proof of Publication for Council Proceedings of 1/2/00, 1/11, and 1/15; Printed Council Proceedings for December 2000 Finance Director submitting the Financial Reports for the month ending December 31, 2000; Quarterly Report of the Investment Oversight Advisory Commission Substance Abuse Services Center Second Quarter Report. Suggested Disposition: Receive and File; Approve as Printed 5 Notice of Claims/Suits Ross Ball in estimated amount of $270 for property damage; Thomas J. and Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove Tool, Inc. in estimated amount of $209 for vehicle damage; Kathleen M. Kane in estimated amount of $48.74 for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in undetermined amount for vehicle damage; Lois Link in undetermined amount for vehicle damage; Mercy Health Center in estimated amount of $191.20 for property damage; Klm Mesch in estimated amount of $367.41 for property damage; Monte Carlo Restaurant in undetermined amount for loss of business; Brian C. Noel in undetermined amount for vehicle damage; Mary C. Oglesby in undetermined amount for personal injuries; Susan A. Walgamuth in undetermined amount for vehicle damage Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation and Report Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vicki Bechen for property damage; Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State Farm Insurance for property damage; The Shot Tower Inn for loss of business; and John Vollenweider for vehicle damage. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the amount $275.53 for vehicle damage; Grove Tool, Inc. in the amount of $209 for vehicle damage; Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the amount of $191.20 for property damage, and that the Finance Director be directed to issue the appropriate checks. Suggested Disposition: Receive and Rle; Finance Director to issue checks Corporation Counsel recommending denial of the property damage claim of Ross Ball; the property damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Gotto. Corporation Counsel recommending that the sewer backup claim of Dolores M. Kotz be referred to Tschiggfrie Excavating Company. Suggested Disposi~on: Receive and File; Concur Corporation Counsel advising that the property damage claim of Phil Meyer has been forward to County Attorney Fred McCaw for payment. Suggested Disposition: Receive and File 6 Citizen Communications Communication of Peter Seitz regarding radon levels within the City. Communications of Dick Wertzberger and Waiter Pregler regarding the Town Clock Plaza issue. Suggested Disposition: Receive and File Plastic Center, Inc./United Rental Property City Manager recommending approval of a Purchase Agreement with Plastic Center, Inc. for purchase of the United Rental Property. Suggested Disposition: Receive and File; Approve Dubuque Metropolitan Area Solid Waste Agency Communication from Jan Hess, Agency Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste Agency Landfill for Fiscal Year 2002. Suggested Disposition: Receive and File Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Information Technology Specialist and Truck Driver. Suggested Disposition: Receive and File; Make a Matter of Record Housing Services - Annual Rental Survey City Manager submitting the fifth edition of the annual "River Town Rents= survey from the Housing Trust Fund Committee. Suggested Disposition: Receive and File Eighth Street - Acceptance City Manager recommending acceptance of the Eighth Street Reconstruction Project in the final contract amount of $1,169,718.88. RESOLUTION Approving final estimate RESOLUTION Accepting improvement RESOLUTION Adopting the final assessment schedule for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on al unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Sugg~ Dimition: Receive and File; Adopt Re~elutions 7 9. RISE Application - Chavenelle Road Extension West from Seippel Road City Manager recommending approval of a RISE Grant application for a new Chavenelle Road extension west from Seippel Road into the westerly 40 acres of the Dubuque industrial Center West. RESOLUTION Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the iowa Department of Transportation for the extension of Chavenelle Road west from Seippel Road Suggested Disposition: Receive and File; Adopt Resolution 10. Excess Risk Insurance Policy City Manager recommending approval of the Excess Risk Insurance Policy with Allianz for the City's health, prescription drug and dental insurance plans. Suggested Disposition: Receive and File; Approve 11. Lease Agreement with Tri-State Modelers City Manager recommending approval of a lease agreement with the Tri-State Modelers for a section of the former Roosevelt Park. Suggested Disposition: Receive and File; Approve Lease 12. Five Flags Theater Rest Room Renovation Project - Acceptance City Manager recommending acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount of $142,968.10. RESOLUTION Approving final estimate RESOLUTION Accepting improvement Suggested Disposition: Receive and File; Adopt Resolutions 13. Five Flags Center Lavatory Stations Replacement Project City Manager recommending acceptance of the Five Flags Center Lavatory Stations Replacement Project in the final contract amount of $38,959. RESOLUTION Approving final estimate RESOLUTION Accepting improvement Suggested Disposition: Receive and File; Adopt Resolutions 14. 15. 16. 17. 18. 19. U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development (HUD) advising of the City's revised allocations for various HUD programs. Suggested Disposition: Receive and File Expansion of the Bottle Bill Communication from the Environmental Stewardship Advisory Commission supporting the continuation and expansion of the Iowa Beverage Container Deposit Law. RESOLUTION Supporting the expansion of the Iowa Beverage Container Deposit Law Suggested Disposition: Receive and File; Adopt Resolution Iowa Department of Transportation Communication from the Iowa Department of Transportation advising that they have received the City's letter regarding hospital signing on U.S. 20 in Dubuque and offering to meet with Mayor Terry Duggan. Suggested Disposition: Receive and File; Refer to City Manager Cable Television Franchises Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File 47 which discourages the granting of additional cable television franchises in Iowa communities. Suggested Disposition: Receive and File; Concur Harbor Community Investment City Manager recommending acceptance of the warranty deed from Harbor Community Investment, LLC. RESOLUTION Accepting Warranty Deed for real estate in Dubuque County, Iowa from Harbor Community Investment, LLC Suggested Disposi~on: Receive and File; Adopt Resolution Quarterly Investment Report City Manager submitting the Quarterly Investment Report. Suggested Disposition: Receive and File 9 20. Business Licenses RESOLUTION Granting issuance of a Class "C' Beer/Liquor License to Town Clock Inn, Chi-Chi's Mexican Restaurant, Hammerheads Bar/Billiards, Goetz's, Best Western Dubuque Inn, Pusateri's, and Busted Lift; and Class "B" Wine Permit to EconoFoods #471 RESOLUTION Granting issuance of a Class 'C" Beer Permit to Dubuque Discount Gas (2), Oky Doky #8, and EconoFoods #471 Suggested Disposition: Adopt Resolutions PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on ma~ers 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. CLOSED SESSION Property Acquisition (Iowa Code Chapter 21.5(1 )(j) Jeanne F. Schneider 1:00 p.m. February 1, 2001 10 BOARDS AND COMMISSIONS For Council Meeting of Monday.: Februa~_ 5:2001 6:30 P.M. Public Libra~_ Auditorium APPLICANTS ARE INVITED TO ADDRESS THE COUNCIL .............. ~_~ TH_El ~__~S~ I ~.~_.E-'_~.....A_,~.~../_~__E'_~ ................................................ :_. ................................ BUILDING CODE BOARD OF APPEALS 1 Three year term which will expire 8-~-03 (General Contractor) ~_ Three year term which will expire 8-~-03 (At Large) 2 VACANCIES APPLICANTS: General Contractor: Chuck Carr, 105~ Barbaralee Dr. 52003 At Laroe: Richard G. Luchsinger, 345 S. Grandview 52004 COMMUNITY DEVELOPMENT ADVISORY COMMISSION ~ Three year term which will expire 2-~5-04 (C. Tr. ~0- Term of S. Lynn Fangmann) I Three year term which will expire 2-15-04 (At Large - Term of Jim Giesen) 1 Three year term which will expire 2-15-04 (C. Tr. 3- Vacant) 1 Unexpired Three yearterm which will expire 2-15-03 (C. Tr. 1 - Vacant, Was Daugherty) 4 Vacancies James E. Giesen, ~600 Lori Ct. ~ensus Tract No. ~ Charles Isenhart, ~611 Main St. ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION 1 Unexpired 3 Year term which will expire 10.~-02 ~ Unexpired 3 Year term which will expire 10-~-03 2 VACANCIES Art Sunleaf, 1495 Wood St. APPOINTMENT TO THE FOLLOWING COMMISSION TO BE ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION 1 Unexpired 3 Year term which will expire I Unexpired 3 Yearterm which will expire 10-1.03 2 VACANCIES APPLICANT: Leslee Spraggins, 1780 Plymouth Ct. City of Dubuque Boards and ,Commissions · Deaotes Chaiq~on I Jeffery S, Gabe~ (City) 01"33"32 ! (App~d.) Ron Koppes (Count) 02-15"31 ISo ~0~ y~,. T.W:::~o':~,:ODEI (C-eh. Cont.) o8-91-oo Chu~k Cart (At Large) 08-01~0 CMC CENTER COMMISSION 3rd Monday at Five Flags Har~ Neustadt (Frm. Hsg.) 0~08"31 · Jim Holz (Frm. Hsg.) 09"38"3I ENTERPRISE ZONE COMMISSION / E..,unc~ J. Vandermillen 07"31~1 Paul Papin (Jmyman) 11"32~00 (At Large) 1 I-32-00 (B,S.Degr~e) 11-32-01 Stanley G. Gonner (Master) 1 I-32-02 (Master) 1 I-32-0~. Pamela K. Renfro 0730-31 I ,mrc.,'"&.~m~:"w:~C.::M:,:::,"I DUBUqUE CODE vidod wi~h adequate ogress, er which constitute a fire hazard, er are otherwise dangerous to human llfe are, for the purpose of this section, unsafe. Any use of buildings or structures con- atltvting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, ebsoleseence, ~e hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parape~ walls, cor- nices, spkes, towerS, tanks, statuary and other appendages or strtaet~ral members whi& are suppor~ed by, attached ~, or a part of a bu~ld~ ing and which a~ in deteriorated condition or e~hetw:ise unable to sustain the design lo:~ds which al~ specified in tMs code are hereby designated as unsafe building appendages. Ali such unsa£e b'sildkngs, structures or ap- pendages are hereby declared to be public nui- sances and shall be abated by repair, rehabil~ ~a~ tiaa, demolition or removal in accordance v,.ith the procedures set forth in Article II of Chapter 11 of tho Code of Ordinances. Sac, 105. Section 105, "Board of Appeals", is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 105. Building Code and Advisory Appeals Board. (a) Beard Established. In order to detern~ne the suitability of alternation building materials and n~stheds of building construction, to pro~ vide for reasunable ~rpreta~ion of the provl- siena of the b~lding code, and ~o a&ise the ~ity couuell on ali building construction regular}one a'ad procedures, there is hereby created the building code ad~so~ and appeals ~ard. (b) Membership. The building cede advi.~;ory and appeals board ~;hall consist of five (5) mem- bern ~ppointed by the city council. One (1) me,abet shall ~ an areht~ee~ or engineer regis- tered in the ~ta~ of Iowa, one (1) mem~r shall be a general building constra~ion contractor. one (1) member sh~l be a journeyman car~en- te~, aaa two (2) members shMl be from the public at large, (c) Term of Office. The term of office of all board members shall be for three (3) years, except that initial appointments of one (1) member shall be for a term of one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations. The board shall ~nake such rules and prescribe such procedures as may be reasonably necessary for its opera- tion, except that such rules shall include the following: Board Chairperson. The chairperson of the board shall be a member of the board elected annually by a majority of the board. (2) Secretary of the board. The building official, or designee, shah be secretary of the board. The secretary shall arrange for meetings and prepare and keep such minutes and records and perform such other clerical work as the board may direct. (3) Quorum. Three (3) members shall consti- tute a quorum. The concurring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service until appointment of successor. Upon completion of the term of office, members of the building code board shall continue to serve in their full capacity until their successor has been duly pointed. (~) Meet'nags. The building code board shall meet upon call of the chairperson, secre- tary or city manager. Members of the building code board shall attend at least two4hirds of all scheduled meetings within a twelve-month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. Supp. Ns. 45 654 CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FOR '- Individuals serving on Boards and Commissions play an important role in advising the~'" I ~ ~ on matters of interest to our community and its future. ~.~- ~,~- :~ --iT1 The City Clerk's Office, City Hall, accepts applications for any Board and/or Commissio~ny time, ~a~that application stays active for one year from the date of receipt in the Clerk's Office. ~o c~ L~ At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action, if not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE:/~ / ~ -- 0 / ADVISORY BOARD/COMMISSION APPLYING FOR: nA~E: f';./,. ,= /< ~'~_.,--z~ ADDREss: BUsINEss: ~'~_+.~- _z'~ ~&. ADDRESs: ~ " - OCCUPATION: ~/'2t~ ~c...~_ ~ POSITION WITH COMPANY: ~.~ ~ HOME P~NE:~/~ ~ ~.~&~ BUSINGS PHON~ , (~ ~ ~ ~PERIENCE, EDUCTION AND T~INING WHICH YoU FEEL QUALI~ You FOR THIS BOARD/ COMMISSION: ~ ~ ~ ;~ ,~ .'~ ~.~~ WHAT cONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON LIST TWO REFERENCES: ADDRESS: ADDRESS: Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently servil~ on a City Board or Commission: ~/~) / If questions, contact the City Clerk's Office, City Hail, 13th & Central, Dubuque, IA 52001 Phone: 589-4120; ALL NAMES WiLL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. SIGNATURE CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION FOl d Individuals serving on Boards and Commissmns play an important role in advising the Cct~ci[ ._~ ~ on matters of interest to our community and its future, ~ ~ ~ ~ The City Clerk's Office, City Hall, accepts apphcations for any Board and/or Comm~ssmn al~ny t[~e, a~i~hat application stays active for one year from the date of receipt in the Clerk's Office. ~ At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested)~ ADVISORY BOArD/cOMMIssION APPLYING For: ~)i~-b/~(a-(-o~' ~ C~ ,,z~,ee~.,A.t~ NAME: L~'t:u~c,/~. ~-~.aesc ADDRESS: .~d,~ ~ ~.~,v~ A~u~ BUSINESS: ~e~,t.z~//'bi4 .9?a~.Lbe4 ~. ADDRESS: 1.~.bO 1~::c~,~,t~ '~p4a:~ OCCUPATION: ,~,t~.~,oo~/~t~,~e~c~POSITION WITH COMPANY: 1:~>~ /l~f~,~M~Z, HOME PHONE: ~lo) ~-~(z~. ~Rcg,~ BUSINESS PHONE: ~lca ~z~ .1'/~:~ EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD/ COMMISSION: '~;~{12~,. ~l~'~di~t~'~ 114 ,t~S,~_.~a.t~_ //~u~ro~:l't~14 [I, tl~D~'l~',i WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) /~(~ A~C~,qq.O~t .~A,-~ ~i~:~c> ~_ ~ I~.;iLJ~,~ 'C~a'~e~. LIST TWO REFERENCES: NAME: ~Z~L.- ~;~S.I~ ADDRESS: NAME: ~..X[L~ f.-~-r~, ADDRESS: Specific attention should be directed to possible conflict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 SIGNATuREPh°ne: 589-4120; ~ALL NAMES WILL BE DR PPED M THE LIST AFTER A ONE YEAR PERIOD. COMMUNITY DEVELOPMENT § 15-48 corporation counsel whenever it is determined that such waiver would be in the best public interest. (1976 Code, § 111/2-127) Secs. 15-38-15-45.(Reserved) ARTICLE IV. COMMUNrrY DEVELOP. MENT ADVISORY COMMISSION Sec. 15-46. Created; Composition: There is hereby created a Community Devel- opment Advisory Commission whose primary purpose shall be to provide for citizen participa- tion in the development and evaluation of the City of Dubuque's Community Development Block Grant ("CDBG") program. The Commission shah consist of nine (9) members; five (5) of which shall be residents of one of each of the five (5) census tracts with the lowest median household income as determined by the U.S. Department of Commerce, Bureau of the Census; three (3) of which shall be resi- dents of the community at large; and one of which shah be a member of the Housing Com- mission designated by the Housing Commission. (Ord. 83-92, 11-2-1992; Ord. 88-95, § 5, 12-18-1995, eft. 1-1-1996) Sec. 15-47. Application And Appointment Process: The process of appointment to the Commis- sion by the City Council shall include at least the following elements: (1) Submission of an application form con- taining the requested information on the qualifications and expectations of the applicant; and (2) Notice to and an opportunity for the general public to comment, in writing, on the qualifications of each applicant; and (3) A formal interview by the City Council to determine the applicant's qualifications and ability to serve effectively on the Commission. Individuals who, by their professional or personal experience or interest, are knowledge- able of the development needs of the cor-munity at large and of low and moderate income per- sons in particular shall be considered qualified to serve on the Commission, subject to City Council review and consideration of other appli- cable information. (Ord. 83-92, 11-2-1992) Sec. 15-48. Term; Filling Of Vacancies; Compensation: The term of office for a Commission member shall be three (3) years except as set forth be- low. The initial terms of the Commission shall be as follows: (1) For each of the five (5) residents of the five (5) census tracts with the lowest median household income as determined by the U.S. Department of Commerce, Bureau of the Census; one shall be ap- pointed for an initial term of one year, two (2) shall be appointed for an initial term of two (2) years; two (2) shah be appointed for an initial term of three (3) years. (2) For the three (3) community at large residents; one shall be appointed for an initial term of one year, one shall be appointed for an initial term of two (2) years, and one shall be appointed for an initial term of three (3) years. (3) For the one member of the Housing Com- mission designated by the Housing Com- mission, the initial term shall be one year. A Commission member may be removed at any time with or without cause by a vote of twe. thirds (2/3) of all members of the City Council. Supp. No. 29 941 § 15-48 DUBUQUE CODE A vacancy occurring on the Commission caused by resignation or otherwise, shall be filled by appointment of the City Council for the remainder of the unexpired term. Members of the Commission shall serve with- out compensation except for actual expenses, which shall be subject to approval by the City Council. (Ord. 83-92, 11-2-1992) See. 15-49. Duties And Responsibilities; General: The Commission shall have the following duties and responsibilities: (1) To conduct public hearings in accordance with the minimum standards established in the CDBG program's citizen participa- tion plan to ensure meaningful citizen input in the planning, implementation and assessment of the Cit%s CDBG pro- (2) To provide for and encourage the partici- pation of low and moderate income per- sons who reside in designated areas of slum and blight and residents of Iow and moderate income neighborhoods, as de- fined by the City Council, in the plan- ning, implementation and assessment of the CDBG program; (3) To identify comn~llnity development needs, particularly the needs of persons of low and moderate income; (4) To serve in an advisory role upon the request of the City Council in policy decisions regarding funding priorities and program development and implemen- ration; (5) To monitor and evaluate program activi- ties to advise whether identified commu- nity development objectives have been met; (6) To undertake public information efforts to educate the citizenry of the availabili- ty of CDBG funded programs and to provide for a greater understanding of the City's cor. r, unity development ef- forts; and (7) To assist in the preparation of the state- ment of community development objec- tives and projected use of funds, amend- ments thereto and required reports in- eluding, but not limited to, the annual grantee performance report (GPR) and the annual comprehensive housing assis- tance strategy (CHAS); (8) To serve in an advisory role to the City Manager in the review of complaints and grievances received in accordance with the procedures established herein in Section 15-52; (9) To support, upon request, the efforts of the City Council and other City commis- sions in the assessment of the general development needs of the community. The City Council shall have the authority to establish or revise the priorities of the Commis- sion. (Ord. 83-92, 11-2-1992) Sec. 15-50. Duties And Responslbilitle~ Grievance Procedure; Review Standards; Appeal Process: The Commission shall participate in the fol- lowing described grievance procedure estab- lished by the City Council for the community development block grant program. (1) All complaints regarding the community development block grant (CDBG) pro- gram shall be handled in accordance with the following described grievance procedure. Any aggrieved person shall file a grievance with the City Manager. Grievances shall be filed in a timely manner and must be received by the City Manager within one year of the alleged occurrence. Supp. No. 29 942 CITY OF DUBUQUE, IOPW OEIVED BOARD/COMMISSION APPLICA T.t FORM Individuals serving on Boards and Commissions play an important role '~v~l~g!t~ ~lTe on matters of interest to our community and its future. Dubuqu{3, L~ The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: ~-?0(~ ~ [ Jf oTL ~ ~:) [ ~/_/~ ~ ~'~ / ADVISORY BOARD/COMMISSION APPLYING FOR: ~__~/~t~/t~/~./ ~)~b~/~0f'/l~J,~,-~'-_ BUSIN ESS'.~ ADDRESS: POSITION WIT" COMPANY: HOME PHONE: ~/~ - ~FT- [r}_~ i BUSINESS PHONE: ~'-'~2 - c~::'O ~/* OC EXPERIENCE, EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THJS BOARD/ WHAT CONTRIBUTIONS !:)O ;YOU FEEL YOU CAN M~K~ TO THIS_A~DVISORY BOARD (OR STATE REASON FOR APPLYING) ~-~-~C~L~ ~.~f'/L~..~'~/'-,'~"I~ ~ ~L'/A~- ~.~'ff ~'~. LIST TWO REFERENCES: NAME: ~ _'~:~ ~F'~ Specific attention should be directed to possible conflict of interest. For further clarificat~n~;~f a si~ati~ arises, contact the appropriate Staff personnel or Legal Staff. ~ ~:~ t-~(,e~(~ .~ ~- -a -- Are you currently serving on a City Board or Commission: ~ ~ If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 CITY OF DUBUQUE, IOWA BOARD/COMMISSION APPLICATION Individuals sendng on Boards and Commissions play an important role in advising the Cot~c~'~. ~ ~ on matters of interest to our community and its future.~ ~ ~, -- The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at a~y t;me~ and that application stays active for one year from the date of receipt in the Clerk's Office. BUSINESS:: ~:)~j~//~ ADDRESS: At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encourased to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted~ as needed, as Ion; as the application is active (unless the applicant advises they are no longer interested). ADVISORY BOARD/cOMMIsSION APPLYING FOR: ,~'~; ~- OCCUPATION: ~/~'~:2 POSITION WITH COMPANY: HOME PHONE:: ~ / c) __~-~-;? ~ c~ ~_ c~ ~ BUSINESS PHONE: O ExPERIENCe, EDUCATION AND TRAINING WHICH YO_L~ FEEL 9~UAL.!FY YoU FOR THIS BOA_~R~ WHAT CONTRIBUTiONS.~DO YOU FEEL YOU CAN MAKE TO THiS ADVISORY B~OARD (Or STATE ~R~,E~. :ON FOR APPLYING) / ~ ~ F~,~ ~' ~:~.. ~' ~/ ad:: ~_~}~ '. / LIST TWO REFERENCI~ ADDRESS: ~...~ ~:~--7--~.~ - S~fic a.~n s~ ~ dir~ to ~ib~ ~nfl~ of inte~ For ~.fi~r ~, con~ the ~p~a~ S~ff ~nnel or L~I If guam, con~ ~ Ci~ Cle~'s ~e. O~ Hall, 13~ & Ce~l, Dub~e, IA P~ne: 58~12~ N~ WILL BE~PPEO FROM THE LI. A'ERA ONE Y~. PERIOD. ENVIRONMENT § 18.5-24 ARTICLE I. IN GENERAL Secs.]8.5-1-18.5-20.(Reserved) ARTICLE II. ENVIRO~AL STEW- ARDSHIP ADVISORY COMMISSION Sec. 18.5-21. Created; Cnmposltion: There ia hereby created an Environmental Stewardship Ad~Ssory Commission, which shall consisg of seven (7) members, who shall all be residents of the City, and shall include a mem- ber representing those who will inherit the environment (a person between the ages of 16 and 20 at time of appointment), and six (6)' members who shall include representation from diverse segments of the City's population. It is desirable to select some members who may have helpful backgrounds with environmen- talfoiologieal science, healt~ care, bust- ness/industry, and env/ronmental/civic groups. (Ord. 64-93, § 1, 12-6-1993; Ord. 93-95, § 1, 12-18-1995, e. ff. 1-1-1996) Sec. 18.5-22, Application And Appoint- ment Process: The appointment process to the Corn. miss[on by the City Council shall include at least the following: (1) An application form requesting basic information on the education, training, experience, expectations and other quell- fica/ions of the applicant; (2) Notice to and an opportunity for the general public to comment in writing on the qualifications of each applicant; and (3) A formal interview by the City Council to determine the appl/cant's qualifications and ability to effectively serve on the Commission. (Ord. 64-93, § 1, 12-6-1993) Sec. 18.5-23. Term; Term Limits; Filling Of Vacancies; Compensa- tion: The term of office for a member of the Com- mission, other than the youth representative, shall be three (3) years, or until a successor is duly appointed. However, two (2) of the initial terms shall be for a term of one year; two (2) of the initial terms shall be for two (2) years; and two (2) of the initial terms shall be for three (3) years. The youth representative shall he for a term of one year, expiring on June I of the follow/ng year; the initial term shall expire June 1, 1994. A Commission member may be removed at anytime with or without cause by a vote of two- th/rds (2/3) of all members of the City Council. A vacancy on the Comrnlssion caused by res- ignatien or otherw/se shall be filled by appoint- ment by the City Council for the remainder of the unexpired term. Members of the Cor-m{ssion shall serve with- out compensation except for actual expenses, which shall be subject to approval by the City Council. The term of office of a member appointed a~er January 1, 1996, shall expire October 1. (Ord. 64-93, § 1, 12-6-1993; Ord. 93-95, § 2, 12-13-1995) Sec. 18,5-24. Duties: The duties of the Comm/ssion shall be ns follows: (1) To develop, articulate and propose goals, objectives and policies for the steward- ship of the City's environment and it's cooing/cai systems for present and future generations. Au initial report to City Council should be completed within a year and thenceforth periodically. It shall also include sections on the current condition of the City's natural environ- ments and on the progress being made in No. 29 - 1197 § 18.5-24 DUBUQUE CODE (2) (3) (4) (5) achieving the City's environmental quali- ty goals. To advise and inform the City Council on environmental stewardship issues, in- cluding the implementation of and com- pliance with, legislation, regulations and policies. To hold public forums on specific issues at the direction of the City Council. To provide, upon request, to other boards, commissions and City depart- ments information for environmental educational programs, educational mate- rials, and environmental volunteer op- portunities. To provide input to the Long-Range Planning Advisory Commission regarding environmental stewardship issues in the Comprehensive Plan. (Ord. 64-93, § 1, 12-6-1993; Ord. 88-95, § 2, 12-18-1995) All meetings of the Commission shall be held in accordance with the provisions of the Iowa Open Meetings Law. The Commission shall file with the City Clerk a copy of the minutes of each meeting of the Commission within ten (10) working days after such meeting. (Ord. 64-93, § 1, 12-6-1993) Sec. 18.5-26. Procedures For Operation: All administrative, personnel, accounting, budgetary and procurement policies of the City shall govern the Commission in all its opera- tions. (Ord. 64-93, § 1, 12-6-1993) Sec. 18.5.25. Organization: The Commission shall choose annually, at its first meeting of the fiscal year, one of its mem- bers at act as chairperson, and another of its members to act as vice- chairperson, to perform all of the duties of the chairperson during the chairperson's absence or disability. The Com- mission shall adopt such rules and regulations governing its organization and procedures as it may deem necessary. The Commission shall meet as necessary to fulfill the purpose for which the Commission was created. Members of the Co~mmlssion shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period. If any member fails to attend such prescribed number of meetings, such failure shall consti- tute grounds for the Commission to recommend to the City Council that said member be re- placed. Attendance of all members shall be entered on the minutes. Supp. No. 29 1198 [The nex~ page is 1223] DUBUQUE m CITY OF , IOWA o BOARD/COMMISSION APPLICATION = Individuals serving on Boards and Commissions play an important role in advising the C~,I =~ ~ on matters of interest to our community and its future. =.~ ~. FT~ CD ~ The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicants are encouraged to address the Council stating their reasons for wantin8 to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as needed, as long as the application is active (unless the applicant advises they are no longer interested). DATE: ADVISORY BOARD/COMMISSION APPLYING FOR: ~,~3 BUSINESS: ~,~/4-$ EO&~E~LZ OCCUPATION: gO/_./~E-~ ,~:2~..'~Z'.'~, HOME PHONE: g~C-~-- 0 ~ ADDRESS: ADDRESS: POSITION WITH COMPANY: ~.~.'~ 6~'~7L~/3F_~T/~.~E_ BUSINESS PHONE: ~?~'- ?/~ EXPERIENCE~ EDUCATION AND TRAINING WHICH YOU FEEL QUALIFY YOU FOR THIS BOARD1 COMMISSION: ,/'~,~ ~ ~'4/ WHAT CONTRIBUTIONS DO ~'OU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING) ~oiC. D~ Z~ ~PO~7-/L~.~T 7c3 ~. ~ ~ ~ ~ Specific attention should be directed to possibleconffict of interest. For further clarification, if a situation arises, contact the appropriate Staff personnel or Legal Staff. Are you currently serving on a City Board or Commission: ~:~ If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 ~Phon~ 589-4120; ALLr~A~.~S,WlLL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. CITY OF DUBUQUE, IOWA ~,:, -~,' ~ BOARD/COMMISSION APPUCAIION ~.R © Individuals serving on Roards and Commissions play an important role in advising the Council on matters of intere*t to our community and its fl~ture. The City Clerk's Office, City Hall, accepts applications for any Board and/or Commission at any time, and that application stays active for one year from the date of receipt in the Clerk's Office. At the appropriate regularly scheduled council meeting, applications will be submitted to the City Council for their review and applicant~ are encouraged to address the Council stating their reasons for wanting to serve on this particular commission. Applicants will be advised when the application is being presented. Appointment(s) will be made at a later meeting. Applicants will be notified as to the outcome of the Council's action. If not appointed at that time, this application will continue to be resubmitted, as neededt as long as the application is active (unless the applicant advises they are no longer interested). DATE: i-'%- 0 / ADVISORY BOARD/COMMISSION APPLYING FOR: ~ h L/~ ~- 0 ~q r~q~o r~ + ~ [ ~ ~a ~/~ ~ ~ ~ ~us~n~s: ~h~ ~'~ +~ ~,~,~Oo~s: ~ .~, ~P~;~ ~t~ ~o~ ~r h, v ~;~ ~ occueanon: eosIt~on WITH comeAnv: p r ~¢c~ ~ ~ ~ ~ ~PemEnce, mu~tlon and t~n~n~ ~c~ you FEEL QUALI~ YOU For tins eoaro/ w~v comumunoss ~o Voq rm you m~ ~e ~o m~s ~owsquv ~o~,~ ~ou svAve ~s LIST ~O REFERENCe: S~ific aRentlon s~ld ~ dir~ to ~ible confli~ of inter~. For ~er clarification, ~f a si~a~n ari~, con~ the appropriate S~ff pe~nnel or L~al S~ff. Are you currently se~ing on a Ci~ Boa~ or Commi~ion: ~ 0 If questions, contact the City Clerk's Office, City Hall, 13th & Central, Dubuque, IA 52001 Phone: 589-4120; AI~L NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE YEAR PERIOD. LESLEE DITZIG SPRAGGINS 1780 Plymouth Court Dubuque, Iowa 52003 319 / 584-9809 leslee_spraggins~ahoo.com applyitzg roar the Envieo_r~mental Stewardslffp Advisory Commission £or the City of Dubuque RECENT RELEVANT EXPERIENCE: · Initiated '~risions for Clarendon" with broad-based citizen steering committee, 1999. The "Strategic Plan for Compatible Economic Development" w'fll be published January 2001. (Clarendon is a small Delta river town in Arkansas, with an agriculture-based economy, located between two national wildlife refuges.) Organized field trips for International Migratory Bird Day. (60 species recorded May 1999 on the White River, a tributary of the Mississippi River) · Wrote article for IVa~onallgZetlands NemsMter, 1999. · Worked with Arkansas Highway Department, and many partners, to move the proposed location of the "Great River Bridge" between Arkansas and Mississippi to a more ecologically compatible location, 1998. · Designed Arkansas's first Native Plant conference, 1997. (Cooperative Extension now runs; the conference has had a sell out crowd every year.) · Organ/zed "Top Dollar for Your Timber" workshops with 40 partners, 1997. (400 landowners attended) Goal - to encotwage forestry management as an economic option for Delta farmers. · Worked with John Deete dealers on rental rebate program for no-fill farm equipment, 1996. WORK: 1993-2000. (part time through January 2001) B~Woods Project Man ~ager --The Nature Conservancy, Arkansas Field Office. Work with agencies and private individuals to conserve, restore, expand, connect and sustainably use the internationally important, half million acres of forested wetland in the "Big Woods" (m Arkansas's Delta). Involved in policy-m~king with agencies as well as individual farmer contact~ (Due to the Conservancy and many partners, more than 20,000 acres have been reforested in seven years in the Big Woods.) 1991-93. Rec_vcling Coordinator - Arkansas Department of Environmental Quality (was Ark. Dept. of Pollution Control & Ecology). Worked with local governments, recyeling businesses and citizen committees to build recycling infrastructure in central Arkansas. L. Spraggins Page 2 1984-91. Stay-at-home mom and commmfity volunteer (Sunday School teacher, PTA officer, Little Rock School District planning committee, recT~g committee) 1983-84. Office Manager, Arkansas "Gary Hart for presidenf' campaign. 1982-83. Assistant to the Director. Project PENCIL. Helped start the "Adopt a School" program for public schools in Nashv'tlle/Davidson County, Tennessee. (Included recruiting CEO's) 1981-82. Computer Sales, Tandy/Radio Shack computers, Nashv'~!le, TN 1980-81. Regional Planner, White River Planning & Development District. Helped local communities (10 counties in north central Arkansas) with plans and grants -- e.g. comprehensive development, priority street maintenance, housing rehabilitation, parks, industrial development 1978-79. Planning Technidan, Houston-Galveston Area Council of Governments. (Water Quality section.) EDUCATION: 1978. B.S. in Radio-TV, Department of Communications, University of Illinois, Urbana/Champaign. (electives related to ecology & natural resource manttgement) 1975-76. Universitaet des Saarlandes, West Germany 0anguage courses) 1973-75. Ouachita Baptist University, Arkadelphia, Arkansas (communications and business courses) 1973. Graduated 5t~ in class at Benton High School, Benton, AR Received 4-year Alcoa scholarship, math award, "I Dare You" award. CITY OF DUBUQUE, IOWA MEMORANDUM February 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bradley Street and Rider Street Intersection In response to a request from the Dubuque Golf and Country Club, Public Works Director Mike Koch is recommending reassigning stop signs from stopping traffic on Bradley Street at Rider Street, to stopping traffic on Rider at Bradley. In addition, a stop sign would be added for northbound traffic on Perry Street at Rider. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Atmchment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Bradley Street and Rider Street Intersection INTRODUCTION The following is in response to an August 11, 2000 petition from Donald Kelliher on behalf of the Dubuque Golf & Country Club to change the assignment of stop signs at the interseotion of Bradley Street and Rider Street. DISCUSSION Mr. Kelliher is requesting that the stop signs be reassigned from stopping traffic on Bradley at Rider to stopping traffic on Rider at Bradley. A map of the area in question is attached. The City of Dubuque and the Iowa Department of Transportation records show that between January 1, 1993, and December 13, 2000, there have been no accidents recorded at this intersection. The relatively Iow volume of traffic entering the intersection--454 vehicles on the day counted--would indicate a Iow level of simultaneous arrivals at the intersection, yet Mr. Kelliher and his staff indicate that there are numerous incidents of near accidents between vehicles and/or bicyclists and pedestrians at the intersection. The stop sign Mr. Kelliher refers to on Rider Street at Perry Street actually belongs to Dubuque Golf & Country Club. Traffic is required by ordinance to stop before entering the public right-of-way, from a private driveway. In addition to their existing stop sign, Mr. Keiliher is requesting a stop sign at this intersection to stop vehicles on Perry Street. The number of vehicles entering this intersection on a daily basis is quite Iow; however, the intersection does require some form of traffic control because of visibility problems at the intersection. From an engineering standpoint since the traffic is nearly equal on both approaches, the direction of traffic control (stop sign) is immaterial. During the process of discussions with Mr. Kelliher, the City also solicited input from the seven property owners along Rider Street as to the changes. Two of these property owners objected to the change, preferring a four-way intersection instead. RECOMMENDATION I recommend approval of the request of the Country Club to reassign the right-of-way to Bradley Street at Rider, and to place an additional stop sign for northbound vehicles on Perry at Rider. ACTION TO BE TAKEN I recommend adoption of the enclosed ordinance making the above changes in stop sign control on Rider Street. MAK/vjd Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN ON PERRY STREET AT RIDER STREET AND A CHANGE OF DESIGNATION AT RIDER STREET AND BRADLEY STREET 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 deleting Rider Street and Bradley Street from Subsection (b) of Section 32-214 thereof as follows: Eastbound and Westbound "Sec. 32-214. Stop Intersections. (b) Rider Street and Bradley Street Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Rider Street and Perry Street to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (b) Northbound and Southbound Bradley Street and Rider Street 2001. Eastbound and Westbound Perry Street and Rider Street Passed, approved and adopted this day of ., Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk SITE LOCATION Not To Scale VICINITY MAP PURPOSE: Bradley and Rider Streets Showing the Spirit 1891 998 August 10, 2000 Honorable Mayor Terry Duggan & the Dubuque City Council C~ty I-Iall Dubuque, IA 52001 Ladles & Gentlemen: This past summer, we have been noticing what could be a serious traffic safety problem .within the 2-block area of the Dubuque Golf & Country Club. Altho~gh we have approxlm~tely 9 stop signs in this area, many adults and children ignore the signs at the comer of_Bradley and Rider Street~ Children on bikes and adults in automobiles coming down Bradley f~om South G-randview Avenue and from Randall Place either don't see or ignore the stop signs at this comer. Rider Street is a through street from South Grandview Avenue to the southern part of the Club's propea~y. Delivery trucks, employees, golfers and swimmers use thi~ street daily. It seems that the stop signs on Bradley Street at Rider Street could be mined so that traffic would have to stop on Rider Street at Bradley Street. Also, the stop sign on Rider Street at Perry.Street might be better utilized on Perry Street as it enters onto Rider Street. We would appreciate the City Engineer looking into and discussing the possa'oility of rnnlring these changes for better safety. As an educational tool, the monthly newsletter to our Membership, stresses driving safety and observance of stop signs in our area. Dubuque Golf & Coonmy Club Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 58%4210 Fax (319) 589-4221 January 26, 2001 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 1 3th Street Dubuque, IA 52001 RE: Design Review Process for Town Clock Plaza Dear Mayor and City Council Members: The Historic Preservation Commission asks that we be permitted to participate in the future design review process for improvements to the Town Clock Plaza area. We ask that you refer our request to the downtown design committee that is working with the City Council on this project. The Commission also urges the City Council to ensure that any redesign or improvements protect and preserve the integrity of the buildings in the Town Clock Plaza area. The Commission further urges that care be taken to be sure that historic structures in this area are not undermined and that their design integrity is preserved during and after the construction of any improvements to the plaza area. Thank you for considering our request. Sincerely, Terry Mozena, Chairperson Historic Preservation Commission CO Historic Preservation Commission Michael Van Milligen, City Manager Tim Moerman, Assistant City Manager Michael Koch, Public Works Director Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Building Code Re: Demolition Districts Currently there are sections of the City that are covered by two separate and distinct processes to receive a demolition permit. Chapter 25 regulates demolition in historic preservation districts, and Chapter 11 regulates the activity in demolition districts. Planning Services Manager Laura Carstens and Building Services Manager Rich Russell are recommending where that overlap exists the ordinance provide that the applicant must follow the more stringent requirements under Chapter 25. 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 Rich Russell, Building Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 24,2001 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manage~'~-~---.~ Rich Russell, Building Services Manager,s,",.---~ SUBJECT: Amendment to Building Code re: Demolition Districts INTRODUCTION This memo transmits an amendment to Chapter 11, Buildings and Building Regulations, of the City Code pertaining to demolition districts. The proposed amendment excludes those portions of the demolition districts that are in historic districts from the regulations of Chapter 11, since the historic districts are regulated more stringently under Chapter 25, Historic Preservation. Maps of the seven demolition districts and the five historic districts are enclosed. DISCUSSION Section 11-4 was adopted on 1976 by the City Council to establish a waiting period for demolition permits within the seven demolition districts. this code section requires the Building Services Manager to notify the City Council of any application for a demolition permit for any building in the demolition districts. The Building Services Manager is prohibited by this code section from issuing any such demolition permit until the City Council has reviewed the permit request. The City Council can approve the demolition permit or withhold the permit for up to 90 days. The intent of this discretionary waiting period is for the City Council "to have time to investigate the historical or architectural value of the building to the community and take such action(s) as may be appropriate to ensure or encourage its preservation." In 1977, the City Council adopted Chapter 25, which was the initial Historic Preservation Ordinance. At that time, the City Council also established the five historic districts and seven landmark sites. Portions of the demolition districts are in these historic districts, because the boundaries and regulations were not adjusted at that time. None of the landmark sites lie within the demolition districts. We became aware of this overlap in areas and regulations recently. RECOMMENDATION To eliminate this confusion of overlapping regulations, we believe that the portions of demolition districts that are within historic districts should be exempted from the Building Code (Chapter 11), and instead be regulated by the Historic Preservation Ordinance (Chapter 25). The Historic Preservation Ordinance is more restrictive, and is the City Code that we apply to buildings that are in both districts. For clarity, we recommend that the City Council adopt the proposed amendment to Chapter 11 pertaining to demolition districts. The amendment would allow the boundaries of the demolition districts to remain intact, but their application would be to buildings that lie outside of historic districts or landmark sites. Enclosures Icarstenh~p/mvm/demomern.wpd Prepared by: Laura Carstens,Cit¥ Planner Address: City Hall, 50 W. 13th St., Dubuque, Iowa Telephone: 5894210 ORDINANCE NO. -01 AN ORDINANCE AMENDING CHAPTER 1 1 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-4 PERTAINING TO WAITING PERIOD FOR DEMOLITION PERMITS. Whereas, Section 11-4 of the City Code pertains to a discretionary waiting period for demolition permits in seven demolition districts; and Whereas, portions of these demolition districts include buildings that are within historic districts that are regulated by Chapter 25, Historic Preservation, of the City Coda; and Whereas, the exemption of buildings'that are regulated by Chapter 25 from the requirements of Section 11-4 eliminates an overlap in regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-4 (a) is hereby amended as follows: (a) Application of Sect/on: The provisions of this Section shall apply to all buildings located in whole or in part within the following described neighborhood areas, except where the building{s) are part of a historic district or landmark site regulated by Chapter 25, Historic Preservation, of the City Code: Section 2. That this amendment shall take effect upon publication as required by law. Passed, approved and adopted this day of , 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Icarsten/wp/mvm/demodist.ord § 11~3 DUBUQUE CODE action has been initiated for the purpose of securing a zo~g reclassification. The period of such prohibition shall extend from the date of the official act of the Planning and Zoning Com- mission calling for a public hearing on such zoning reclassification up to and including the date of final action of the City Council upon such zoning reclassification, (1976 Code, § 10~4) Sec. 11-4. Waiting Period For Demolition Permits: (a) Application Of Section: The provisions of this Section shall apply to all buildings located in whole or in part withiu the following de- scribed neighborhood areas: (1) Fourth Street Neighborhood: Beglnn~g at the intersection of Seventh and Bluff Streets, thence southerly alo~xg Bluff Street to i~s intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the north- erly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extension~ ts its intersection with West Tl~rd Street; thence easterly along West Third Street to its intersection with St. Mary's Street; ~hence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along F. mmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its inter- section with First Street; thence easterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the Supp. No. 45 660.2 BUILDINGS AND BUILDING REGULATIONS § 114 alley between Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its inter- section with Seventh Street; thence west- erly along Seventh Street to its intersec- tion with Bluff Street which is the point of beginning. (2) Fene~n Place Neighborhood.' Beginning at the intersection of West Fifth and Burch Streets, thence southerly along Burch Street to its intersection with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence north- eriy along Raymond Street and its south- erly and northerly extensions to its inter- section with West Fifth Street; thence westerly along West Fifth Street to its in- tersection with Burch Street which is the point of beginning. (3) Third Street Neighborhood: Beginning at the intersection of West Third and Hilt Streets thence southwesterly along Hill Street to its intersection with Lnngworthy Street; thence northwesterly along Lang- worthy Street to its intersection with Al- pine Street; thence northeasterly along Al- pine Street to its intersection with West Third Street; thence northwesterly along West Third Street to its intersection with Nevada SL,~et; thence northeasterly along Nevada Street to its intersection with West Fifth Street; thence southeasterly along West Fifth Street to its intersection with Alpine Street; thence southerly along Al- pine Street to its intersection with Melrose Terrace; thence southeasterly along Mol- rose Terrace and its southeasterly exten- sion to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West Third Street; thence southeasterly along West Third Street to its intersection with Hill Street which is the point of beginning. (4) Washington Street Neighborhood: Begin- ning at the intersection of Sixteenth and WAshington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackso~ Street to its intersection with Eigh- teenth Street; thence westerly along Eigh- teenth Street to its intersection with Cen- tral Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with Sixteenth Street which is the point of be- ginning: (5) Jacksor~ Park Neighborhood.' Beginning at the intersection of Fourteenth Street and Central Avenue thence ,~esteriy along Four- tsenth Street to its intersection with Iowa Street; thence southeri~ along Iowa Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersec- tion with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence n0rthwestar]y along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersec- tion with Clarke Drive; thence northwest- erly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to it~ intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clark Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Centra! Avenue to its in- tersection with Fourteenth Street which is the point of beginning. (6) West Eleventh Street Neighborhood: Begin- ning at the intersection of Ninth and Bluff Streets thence westerly ~tong Ninth Street to its intersec~on with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street ts its intersection with West Eleventh Street; 661 § 11-4 DUBUQUE CODE thence westerly- along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Stxeet to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its in- tersection with Cox Street; thence north~ erly along Cox Street to its intersection ~ith the westerly extension of West Sixteenth Street; thence eas/erly along West Six- teenth Street and its westerly extension to its intersection with Montrese Terrace; thence northerly along the northeasterly- ex- tension of Montrese Terrace to its intersec- tion with West L~cust Street; thence south- easterly along West Locust Street to its intersection with Bluff Street; thence south- erly along Bluff Street to its intersection with Ninth Street which is the point of be- ginning. (7) Broadway Street Neighborhoodc Beginning at the intersection of West Twenty-third Street and Central Avenue thence westerly along West Twenty4hird Street to its inter- section with Lewis Street; thence northwest- erly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersec- tion with Central Avenue; thence south- erly along Central Avenue to its interssc- tion with West Twenty-third Street which is the point of begirming. (b) Discretionary waiting period. Upon receiving an application for a demolition permit for any building located in whole or in part adthin the areas described in paragraph (a) of this section, the building commissioner shall immediately ~'ffy the city council of such application. At its next regul~u, meeting the council must then take formal action to either approve or withhold the demolition permit for a specified period not to ex- coed ninety (90) days. If the council fails to take action to approve or withhold the demolition permit at its next regular meeting, the building commissioner shall ~ssue the permit forthwith. The council may in its discretion withhold the demo- lition permit whenever it determines that the buitding for which the permit is sought may be of historical or architectural significance to the city. The purpose of this waiting period is to enable the council to have time to investigate the h~storical or architectural value of the building to the com- munity and to take such action(s) as may- be ap- propriate to ensure or encourage its preservation. However, nothing in this section shall authorize the ~thhotding by the building commissioner of a demolition permit for more than ninety (90) days following notification of council of application for such permit. , (c) Guidelines. Th~ report, "The Heritage of Dubuque" dated March 1974 and filed of record on January 27, 1975, shall be considered as a com- prehensive study for the historical preservation of the city and one of thb guides to be considered at such time as a demolition permit is applied for in a reference neighborhood. (Cede 1976, § 10-5) Cross refere~ce--Demo/ition of structures in h~stsric dis- tricts prohibited, exceptioni § 25-12. Secs. 11-5--11-20. Reserved. ARTICLE II. DANGEROUS BUI~INGS* Sec. 11-21. Purpose and scope. (a) tt is the purpose of this article tp provide a just, equitable and practicable method to be cu- mulative with and in addition to any et~ er remedy provided by the building code, hous~g code or otherwise available aq law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety ar welfaxe of the general public Or their occupants may be required to be repaired, vacated or demolished. (b) The provisions of this article shall apply te all dangerous building, as herein clef'mod, which are now in existence or which may hereafter be- come dangerous in th~ City of DubuqUe. *Cross references--Building constraction, demolition and moving, § ~t~58 et seq.; pro~dure for ababsme~t of substan~ dard braidings, dwelhng un~ts and lots under lxqusmg cede, § 26-10 et seq. 662 1-Fourth Street Neighborhood 2-Fe.nelon Place .Neighborhood 3-Third Street Neighborhood 4-Washington Street Neighborhood 5-,Jackson Park Neighborh.ood 6-West Eleventh Street Neighborhood 7-Broadway Street Neighborhood = ~% o o ~oo ~6oo Fee~ HISTORIC PRESERVATION DISTRICTS ST 1 2 3RD ST 3 JACKSON PARK t¥. llth STREET 3 LANGWORTHY CATHEDRAL OLD MAIN Location of Historic Districts and Demolition Districts / ? CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Construction Ordinance - Loras College Geothermal System Public Works Director Mike Koch is recommending approval of a request fi:om Loras College to utilize public right-of-way to install a water supply line for their geothermal system for the new Academic Resource Center. I concur w/th the recommendation and respectfully request Mayor and City Council approval. Mm ael C Van Mflhgen MCVM/jh Attachment cc: Barry- Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director ¥1 'enb['~qno CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Construction Ordinance - Loras College Geothermal System INTRODUCTION The following is in response to a January 29, 2001 request of Loras College to utilize public right-of-way to install a water supply line for their geothermal system for its new Academic Resource Center. DISCUSSION Loras College is in need to relocate a geothermal well from its original location at the site of the Academic Resource Center facility to their parking lot abutting Alta Vista and Vernon Street, thereby requiring the relocation of their existing water supply line. This relocation consists of crossing Alta Vista with a 10" DIP water supply line. All proper documentation has been submitted, which includes the completed construction ordinance, letter of request, drawings and certificate of insurance naming the City as an additional insured. The plans have been reviewed and approved by Engineering Division, DNR, City Water Department and Building Safety. RECOMMENDATION The construction ordinance provides for a revocable permit and further requires Loras College to assume all liability, defend the City, and hold the City harmless of any claims that may result from the construction of the geothermal system within the City right-of-way. ACTION TO BE TAKEN The City Council is requested to approve the recommendation and to adopt the attached ordinance approving the construction of the geothermal system in the public right-of-way. MAK/vjd Prepared by Jane Smith, Engineering Assistant cc: Building Safety Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h Street~ Dubuque, IA 52001-4864 ORDINANCE NO. _-01 AN ORDINANCE AUTHORIZING LORAS COLLEGE TO CONSTRUCT A GEOTHERMAL WATER SERVICE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Loras College as the owner of the premises known as Loras College, Dubuque, Iowa, and legally described as Loras College be and they are hereby granted the revocable permit and authority to construct and maintain a geothermal water service under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said geothermal water service; and Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said geothermal water service sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the geothermal water service and to pay reasonable attorney fees therefore; and Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said geothermal water service and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said geothermal water service at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said geothermal water service. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to the geothermal water service when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 2001. day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. --01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. -01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. LoP, s COLLEGE 1450 Alta VL~a * P.O. BOx 178 · Dubuqu=, IA 52004-0178 - (319) 588-7100 January 30, 2001 Terry Duggan/City Council c yH l Central Ave Dubuque., IA 52001 To Whom It May Concern: Loras College is requesting a construction ordinance for a geoflaenml well which will service the new Academic Resource Center located on the Loras Campus. The geothemml system ~illzes the earth's cool ground tmaxperature to provide stable condensing and evaporz~g ten~cratores for use in the buildings HVAC system C~oth~nml systcn~ such as these result in signJ.ficant energy savings. Oeo~l well # 2 will be located on a small parcel of grass v,~est of the M¢Clean family parking lot on Alta Vista SR~et. This waier system will extend along Vernon Street to Alta Vista Street connectisag with geothermal well # 1 and continuing to the ARC. Thank you for your consideration on this matter. John McDermott Phys/cal Plant Director Loras College CITY OF DUBUQUE, IOWA MEMORANDUM January 17, 2001 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Hazard Mitigation Plan The East Central Intergovernmental Association (ECIA) will be assisting the City of Dubuque in preparing the Hazard Mitigation Plan. The Hazard Mitigation Plan is the second part of a three-part plan, the first being the Multi-Hazard Plan that was completed in 1999. The third part will be the Recovery Plan that will come after the Hazard Mitigation Plan is completed. The ECIA is requesting a task force committee be formed and appointed by the Mayor to assist in the preparation of the Hazard Mitigation Plan. I am recommending that Fire Chief Dan Brown, Assistant Fire Chief Rick Steines, Police Lieutenant Dan Avenarius Operations and Maintenance Manager Don Vogt, Public Works Director Mike Koch, Engineer Bob Schiesl, Public Information Officer Susan Gwiasda, Associate Planner Kyle Kdtz and Emergency Management Director Thomas Berger be appointed to this Task Force Committee. A member(s) of the City Council may also be appointed if so desired. I respectfully request the Mayor and City Council's approval of the above named individuals as members of this task force committee. Michael C. Van Milligen MVM:Is CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Oak Street Sanitary Sewer Extension Public Works Director Mike Koch recommends approval of the attached resolutions to initiate the public bidding procedure for the extension of the sanitary sewer to Oak Street and that a public hearing be set for March 5, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. Mit~hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Oak Street Sanitary Sewer Extension INTRODUCTION The enclosed resolutions initiate the public bidding procedure for the extension of sanitary sewer to Oak Street. BACKGROUND The City held initial informational and design meetings with the neighborhood on January 9 and January 17, 2001. City Engineering reviewed three possible alternatives to serve this area with sewer. One of these alternatives included a Iow-pressure sewer system in lieu of a conventional gravity system. This system would be identical to that used on the Villa Street and Edina Street projects. A Iow-pressure sanitary sewer system provides a cost-effective alternative to a gravity sanitary sewer. Due to the terrain and the elevation of homes in the area, deep rock cuts are needed to serve the area with a gravity sanitary sewer. These rock cuts escalate the cost of the gravity system in excess of $180,000 over the Iow-pressure system option. In addition, it was felt that due to the relative elevations of the buildings and the location of the sewer on Oak Street, the area would sustain less disruption with a Iow-pressure system. Construction of a Iow-pressure sewer system would eliminate the need for 8" diameter piping; the installation would include a small pumping station at each property, thereby, ejecting sewage through the small diameter pressure forcemain to Oak Street. The City would secure easements from each property owner to maintain the pump stations and forcemain. Property owners would be responsible for connecting and wiring their gravity service to their pump station. The City would own the pumps. Based on experience, maintenance costs for such units are approximately $30 annually. Since the City would own the pump, the City would be responsible for maintenance; however, this cost is justified by the initial front-end City savings for such a project. Annual energy consumption for such a system is approximately $10.00 per year; this cost will be borne by the property owners. To maintain the system in ease of a pump failure, the City would have back-up units and would have local plumbers experienced in pump replacement. Based on these factors and the preliminary layout of the systems, it is estimated that the overall cost to the property owners and to the City is for a Iow-pressure sewer system. This should result in at least a 60 percent overall cost-savings. Due to the presence of rock, current location of present septic systems, and the floor elevations relative to the street, the gravity system would be cost-prohibitive. DISCUSSION The project provides for the extension of approximately 1,570 feet of 1-1/4" and 2" sanitary sewer forcemain pipe in the Oak Street area as shown on the attached map. This extension provides for the service to 6 homes currently on septic system and 7 vacant lots. The project includes extension of 1-1/4" forcemain from each pumping station to the foroemain for each property assessed. The assessments are proposed at a rate of $88.61 per foot. This cost is a typical assessment cost due to the presence of rock, and the fact that connection to the City's system will be made near the septic system versus the property line. There are 6 properties, which will be assessed. Upon completion of this project, the property owners will be required to connect onto sanitary sewer through notification by the Health Services Department. They will be given up to one year to complete the connection, unless they have a septic tank, which meets the current Health Department regulations. In that case, they will receive up to a ~15-year deferment. The cost of the lateral connection and wiring from the homes to the pumping station is the responsibility of the property owner. The schedule for notice will be as follows: Advertisement for Bids Notice of Hearing on Plans & Specifications Mail Notice to Property Owners Published Notice to Property Owners February 9, 2001 February 16, 2001 February 16, 2001 February 16 & 23, 2001 Receipt of Bids Public Hearing Award of Contract Completion February 22, 2001 March 5, 2001 March 5, 2001 September 28, 2001 RECOMMENDATION I would recommend that the City Council give preliminary approval of the Resolution of Necessity and establish March 5, 2001, as the date for the public hearing. Pursuant to new State of Iowa legislation regarding condemnation, City staff has mailed a Notice of Intent to acquire easements for the construction of the service laterals and pump stations for each respective lot where a pump is needed. This notice was mailed to the owners of the following properties: 1. Lot 2 of 18 and Lot 19 of Union Addition 2. Lot 23 of Union Addition 3. Lot 25 of Union Addition 4. Lot 26 of Union Addition 5. N 60' of Lot 61 of Union Addition 6. Lot 2 of Lot 54 of Union Addition Negotiations have not begun to acquire easements; but during the two informational meetings, staff discussed the need to acquire easements from all property owners requiring a pump. Eminent domain proceedings will only be used as a last resort if easements cannot be acquired through the negotiation process. In order to keep the project on schedule, I would recommend that the City Council authorize the Corporation Counsel to institute eminent domain proceedings to acquire the above easements should negotiations fail. Negotiations will continue with the property owners, and eminent domain proceedings would be utilized only as a last resort. BUDGET IMPACT The estimate for the project is as follows: Construction Contract Contingency Engineering 88,810.00 8,881.00 14,653.65 Total Project Cost ~ 112,344,65 The project will be funded as follows: City Share Connection Charge to Private Property Special Assessment to Private Property 29,783.50 47,993.19 34,567.96 Total Funding $112,344.65 The total City share for the project as outlined is $77,776.69. The Fiscal Year 2001 City appropriation for the project is $114,000. The City's new policy for the use of connection charges versus special assessment for non-benefit projects is incorporated into this project. This policy, adopted by City Council as part of the Chicago Street project, avoids the difficulty of identifying special benefit to vacant properties and non- buildable lots. A connection fee is established in lieu of special assessments at the time of project construction and allows for the delay or elimination of payment for properties non-benefiting from the sanitary sewer project. When a change occurs in the use of the property to where a service connection is needed, the connection fee would be due at that time. The cost to the City of this policy for this particular project is $47,993.19. ACTION TO BE TAKEN The City Council is requested to authorize the City Clerk to advertise for proposals, give preliminary approval to the Resolution of Necessity, approve the preliminary assessment schedule, and establish the date of the public hearing through the adoption of the enclosed resolutions. MAK/vjd Prepared by Gus Psihoyos, Assistant City Engineer cc: Mary Rose Corrigan, Public Health Specialist Prepared by: Gus Psihoyos, Assistant City Enlqineer Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Oak Street Sanitary Sewer Extension Project, in the estimated amount of $112,344.65, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this day of ,2001. Attest: Terrance M Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City EnclineerAddress: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Oak Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 5th day of March, 2001, a public hearing will be held at 6:30 p,m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this __ day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Oak Street Sanitary Sewer Extension Project. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the Oak Street Sanitary Sewer Extension Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 5th day of March, 2001, in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD at (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2001. day Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City EngineerAddress: 50 W. 13th Street, Dubuque, IA 5200'1-4864 RESOLUTION NO. -01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Oak Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the capital improvement project for the City share of special assessments, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this day of ,2001. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psiho¥os, Assistant Git,/EnqineerAddress: 50 W. t3th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted as proposed by the City Council this day of ., 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City EngineerAddress: 50 W, '13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Oak Street Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 5~ day of March, 2001, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this day of ., 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk NOTICE TO PROPERTY OWNERS Notice is given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Dubuque, Iowa, for an improvement of the type(s) and in the location(s) as follows: Oak Street Sanitary Sewer Extension Project This project provides for the extension of approximately 1,570 feet of 1-1/4" and 2" sanitary sewer forcemain in the Oak Street area. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: 1. Lot 2 of 18 and Lot 19 of Union Addition 2. Lot 23 of Union Addition 3. Lot 25 of Union Addition 4. Lot 26 of Union Addition 5. N 60' of Lot 61 of Union Addition 6. Lot 2 of Lot 54 of Union Addition The City Council will meet at 6:30 p.m. on the 5th day of March, 2001, at the Public Library Auditorium, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the City Clerk. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (319) 589-4120 or TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the ,2001. day of Jeanne F. Schneider City Clerk Prepared by: Gus Psihoyos, Assistant City En.qineerAddress: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Oak Street Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this day of , 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City EnRineerAddress: 50 W. '13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Oak Street Sanitary Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on 22® 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 5th day of March, 2001. Passed, approved and adopted this __ day of .,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Gus Psihoyos, Assistant City EngineerAddress: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 A RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO BE INITIATED TO ACQUIRE SANITARY SEWER EASEMENTS FOR CONSTRUCTION OF THE OAK STREET SANITARY SEWER Whereas, the City of Dubuque has been negotiating with the owners of record for right-of-way necessary for the construction of the Oak Street Sanitary Sewer Extension Project; and Whereas, the City of Dubuque finds and determines that eminent domain proceedings should be instituted to acquire the needed right-of-way if easements cannot be acquired through the negotiation process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of Dubuque, Iowa, for acquisition of the following lots or portions thereof if easements cannot be acquired through the negotiation process: 1. Lot 2 of 18 and Lot 19 of Union Addition 2. Lot 23 of Union Addition 3. Lot 25 of Union Addition 4. Lot 26 of Union Addition 5. N 60' of Lot 61 of Union Addition 6. Lot 2 of Lot 54 of Union Addition And that Corporation Counsel be directed to institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa if negotiations fail. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings if negotiations fail. Passed, approved and adopted this __ Attest: Jeanne F. Schneider, City Clerk day of ,2001. Terrance M. Duggan, Mayor 8 8 ,8 ~ 8 ' . o o o o Prepared by: Gus Psiho¥os, Assistant City EngineerAddress: 50 W. 13t~ Street, Dubuque, IA 5200'1-4864 RESOLUTION NO. -01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31~t day of January, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Oak Street Sanitary Sewer Extension Project. ' Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Gus Psiho¥os, Assistant City En,qineerAddress: 50 W. '13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE OAK STREET SANITARY SEWER EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Oak Street Sanitary Sewer Extension Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been dully considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the day of , __, next at 6:30 p.m. in , with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this day of ., 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk SITE LOCATION MAP NOT TO SCALE VICINITY MAP NORTH PURPOSE: OAK STREET SANITARY SEWER EXTENSION PROJECT EXHIBIT ~-~ NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE CONSTRUCTION OF THE OAK STREET SANITARY SEWER EXTENSION PROJECT Sealed proposals will be received by the City Clerk of the City of Dubuque, Iowa, at the Office of City Clerk in City Hall no later than 2:00 o'clock p.m. on the 22® day of February, 2001, for the construction of Oak Street Sanitary Sewer Extension Project. Copies of the plans and specifications may be obtained in the City Engineer's Office at City Hall. Payment to the contractor will be made from funds as may be legally used for such purposes. All work herein provided for shall be commenced within ten (10) days after the notice to proceed has been issued, and shall be fully completed on the 28th day of September, 2001. All bids must be submitted on the Bid Form bound in the specifications. Each bid shall be accompanied by a satisfactory Bid Bond executed by the Bidder and an acceptable surety; or a cashier's or certified check payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered under the laws of the United States, in the amount of ten percent (10%) of the bids submitted as security that the bidder will enter into a contract for doing the work and will give bond with proper securities for the faithful performance of the contract in the form attached to the specifications. The successful bidder will be required to furnish a performance bond in an amount equal to one hundred percent (100%) of the contract price. Said bond is to be issued by a responsible surety company approved and acceptable to the City Council, and shall guarantee the faithful performance of the contract and terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City of Dubuque, Iowa, from claims and damages of any kind caused by the operations of the Contractor. Said bond shall also guarantee the material and the maintenance of the improvement(s) constructed for a minimum period of two (2) years from and after its completion and acceptance by the City Council. No bid submitted by any Contractor which contains a condition or qualification shall be recognized or accepted by the City Council and any letter or communication accompanying the bid which contains a condition or qualification upon the bid which has the effect of qualifying or modifying any provision of the specifications in any manner will be construed as a non-qualifying bid and will be rejected by the City Council as not responsive. All proposals must be made on blanks furnished by the City Engineer and each bidder will be required to state his prices for doing all the items in each section on which he makes a bid and for all things necessary to make a complete job, The Bidder's attention is directed to the City of Dubuque's Affirmative Action Program which is included in the Contract Specifications and the provisions thereof and hereby made a part of the Contract Documents by reference and incorporated therein. The Contractor, when requested by the City of Dubuque, will furnish a statement of his financial and practical qualifications as provided for in the General Requirements of the Specifications. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and to Iowa domestic labor. The City Council reserves the right to reject any and all bids or to waive any technicalities and irregularities. All bids will be publicly opened and read by the City Clerk at 2:00 o'clock p.m. on the 22® day of February, 2001, and will be submitted to the Council for final action at a meeting to be held in the Public Library Auditorium, at said City at 6:30 p.m. on the 5th day of March, 2001. A contract will be awarded at that time or such subsequent time as the City Council may determine. Published by order of the City Council of the City of Dubuque, Iowa and dated this __day of ,2001. Jeanne F. Schneider, City Clerk CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commenced within ten (10) days after notice to proceed has been issued and shall be fully completed by September 28, 2001. For each calendar day that any work shall remain uncompleted beyond the completion schedule, $100.00 per calendar day will be assessed, not as a penalty but as predetermined and agreed liquidated damages. The Contractor will be separately invoiced for this amount, and final payment will be withheld until payment has been made of this invoice. The assessment of liquidated damages shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of his contract. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the plans. 2. Delays caused by the City, 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such extension. CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honombte Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot 2A of Bradley Place on the attached plat. I concur with the recommendation and respectfully requ~es~/~ayor and C~'/~ Council approval. M i MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kerper Boulevard January 29, 2001 INTRODUCTION This is in response to a request from Allen J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows the proposed portion of Kerper Boulevard to be vacated. The abutting properties are owned by Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. The area to be vacated is divided into one 20-foot wide lot numbered Lot 2A of Bradley Place in the City of Dubuque, Iowa. Lot 2A of Bradley Place is a portion of the existing 175-foot wide pubtic right-of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot 2A of Bradley Place for maintenance of any existing and future public and private utilities. With reservation of the entire lot for utility easements, the property has been valued at ~1.25 per square foot, for a total of 85,750. A credit for surveying and platting of 8450 established a purchase price of 85,300. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. I would recommend that the area indicated by Lot 2A of Bradley Place on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 19, 2001. I would further recommend that the purchase price be established at ~5,300, plus platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. Prepared by Ronald J. Turner, PLS 50 0 50 Feet W~]~ HAWKEYE BOAT VACATE Luksetich/Smith ARC, Inc Co. McGraw-Hill Hawkeye Boat Sales Blvd. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001 prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this __ day of ., 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk PLAT OF SURVEY LOT 2A OF BRADLEY PLACE IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THE VACATED 20-FOOT WIDE PORTION OF KERPER BOULEVARD LYING EASTERLY OF AND ADJACENT TO LOT 2 OF BRADLEY PLACE IN THE CITY OF DUBUQUE, iOWA. / / LOT 1 8LOCR 15 NO. 3 Q ~ 7¢ ~ W'LY R.O.W. ~ / ~RAOLEY PLACE ~ ~ . LOT O ~/ ~ ~ - ~Ew R.O.W. NOTE: LOT 2A IS RESER~D AS / A PUBLIC UTILITY EASEMENT / NORTH / L~GEND FOUN9 ~OU ~0~ GRAPHIC SCALE m W/CAP NO. 1263~ 0 100 200 0 SET 5/8" ~RON DRA~NG MAY HAVE BEEN REDUCED ~.o.w. SUR~O ~OR: A.J. BECKER PROPRIETOR: CITY OF DUBUQUE JOHN M. ~ ~ ro~ ~lW ENO[NEEdS AND SUR~YORS. p.c. 4155 Penn~von[a Ave. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 ORDINANCE NO. - 01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Allen J. Becket representing Oarka, Corp a/k/a Hawkeye Boat Sales & Services, Inc. has requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Bradley Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said pot[ion of Kerper Boulevard known as Lot 2A of Bradley Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Bradley Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. 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 Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. __-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF BRADLEY PLACE, DUBUQUE, IOWA Whereas, Allen J. Becker representing Oarka, Corp., a/ida Hawkeye Boat Sales & Service, Inc. has requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Bradley Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of said Lot 2A of Bradley Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of Bradley Place in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Bradley Place in the City of Dubuque, Iowa to Oarka, Corp., a/Ida Hawkeye Boat Sales & Service, Inc. be contingent upon the payment of $5,300.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water; sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this __ Attest: day of ., 2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION OF DISPOSING OF CITY INTEREST IN LOT 2A OF BRADLEY PLACE, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on day of_ , 2001, the City Council of the City of Dubuque, Iowa met on the day of ,2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of Bradley Place in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A of Bradley Place in the City of Dubuque, Iowa to Oarka, Corp., a/k/a Hawkeye Boat Sales & Service, Inc. be and the same is hereby approved for the sum of $5,300.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Oarka, Corp., a/k/a Hawkeye Boat Sales & Service, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IA 800-203-8463 319-557-0313 Fax 319-585-060t www. hawkeyeboatsales.com December 22nd,' 1999 Honorable Mayor Terry Duggan & City Council, 50 W. 13th St. Dubuque, IA, - 52001 I am interested to see ifI could acquire a portion of property in accordance with the City (ffDubuque vacating procedures. I have spoken with Ron Turner at the City Engineer's Office while getting permission / approvals on tho start of construction and was given a preliminary indication that the vacating is favorable. The property is located in downtown Dubuque on Kerper Blvd., Lot #2 of Bradley Place, between Coea~Cola and Bradley Iron works. The section of property that I am interested in includes Kerper Blvd. which I Understand the City owns. The reason for vacating it would be for ownership of driveways and properties to our establishment, Thank You for your consideration in this matter, If there is any timber information I can provide, please contact me at the above address or phone. Sincerely, )dian J. Becker Hawkeye Boat Sales & Service, Inc. 1745 I.F.K Rd. Dubuque, IA. 52003 CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot 2A of Block 15 of Riverfront Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully req}aesj/tv/[ayor andjC',~ty Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kerper Boulevard INTRODUCTION This is in response to a request from Jon Romaine representing Area Residential Care, Inc. for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows a 22-foot wide proposed portion of Kerper Boulevard to be vacated. Area Residential Care owns the abutting properties. The area to be vacated is divided into one lot numbered Lot 2A of Block 15 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa. Lot 2A of Block 15 of Riverfront Subdivision No. 3 is a portion of the existing 175-foot wide public right- of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot 2A of Block 15 of Riverfront Subdivision No. 3 for maintenance of any existing and future public and private utilities. With reservation of the entire lot for utility easements, the property has been valued at $1.25 per square foot, for a total of 96,330. A credit for surveying and platting of 8450 established a purchase price of 95,880. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. I would recommend that the area indicated by Lot 2A of Block 15 of Riverfront Subdivision No. 3 on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 19, 2001. I would further recommend that the purchase price be established at 85,880, plus platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, PLS 50 0 50 D'A'O'I'g ARC VACATE Luksetich/Smith ARC, Inc Co, McGraw-Hill %.% Hawkeye Boat Sales dH Blvd. Vacates Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. __-01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001 prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this __ day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk PLAT OF SURVEY LOT 2A, BLOCK 15, RIVER FRONT SUBDIVISION NO. IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THE VACATED 22-FOOT WIDE PORTION OF KERPER BOULEVARD LYING EASTERLY OF ANB ADJACENT TO LOT 2, BLOCK 15, RIVERFRONT SUB. NO. 3 IN THE CITY OF DUBUQUE, IOWA N30'23'57"E__ ~ ~ -- -- N30'23'~ -- ~ 235.17' ' ~/"1 - 230.34' LOT 1 [ FRONT SUB, NO. 3 IN-FUTURO J I I LOT 2 BLOCK 15, RIVER 0 60 120 FRONT SUB. NO. 3 SCALE: 1" = 120' LEGEND I ) ~PO[NT OF BEGINNING / ~ NOTE: LOT 2A IS RESER~D AS I A PUBUC U~LITY EASEMENT ~ q 832'08'02'W 230.20' ~'~ ~q q~ o~ ~ KERPER BOULEVARD SUR~D FOR: AREA RESIDENTAL CARE PROPRIETOR: CITY OF DUBUQUE ~ ~ TRANM~R ~ ~; 3~e.556.2464 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001~,864 ORDINANCE NO. - 01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas Jon Romaine, representing Area Residential Care, Inc. has requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Block 15 of River Front Subdivision No. 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kerper Boulevard known as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized bythe City of Dubuque, Iowa. 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 Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. __-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF BLOCK 15 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, Jon Romaine, representing Area Residential Care, Inc. has requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Area Residential Care, Inc. be contingent upon the payment of $5,880.00 plus platting, publication and filing fees. Section 3, The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published Jn the manner as prescribed by law. Passed, approved and adopted this __ Attest: day of ,2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-486~_ RESOLUTION NO. -01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF BLOCK 1 5 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on day of _, 2001, the City Council of the City of Dubuque, Iowa met on the day of ., 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Area Residential Care, Inc. be and the same is hereby approved for the sum of $5,880.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Jon Romaine representing Area Residential Care, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a cer[ified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this __ day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Area Residential Care, Inc. Empowering people with mm~tal disabilities to achieve their highest quality of life. 1170 Roosevelt St. Ext. o Dubuque, Iowa 52001 · (319) 556-7560 Jon Romaine Executive Director Dubuque City Council City Hall Attn: City Clerk 50 W. 13t~ Street Dubuque, IA. 52001 August 3, 2000 Dear Mayor Duggan & Council Members: Area Residential Care would like to request that the City of Dubuque vacate a portion of the parcel of land that separates our property at 2455 Kerper Boulevard from Kerper Boulevard itself, so that this land could then be donated or sold to Area Residential Care. The portion that we are requesting is 22 feet from the current boundary by 230.21 feet (as shown on the enclosed). Area Residential Care is making this request bemuse of the need to acquire different parking for staff at our Vocational Services Center building on Kerper Boulevard. Recently an agreement with our neighbor m the south, Coke, which provided us parking space at the back of their property, has been put in jeopardy. Because of this, we could lose up to 30 parking spaces that are in daily use by our staff. With the property available to us at this location, and the easements that are in place, the green space in the front of the existing building is the only place that we have available to add parking spaces. We have been in contact with the city engineering department, and Mr. Turner advised us that this request was the way to go about attempting to acquire the needed land from the city. He also informed us that a number of businesses located along Kerper are doing the same, and that it may take up to several months to complete the process. If it is at all possible, I would ask that you expedite our request as much as possible, because Coke has set a deadline for their decision on our forfeiting the use of their land that is much sooner than 3 months. Thank you in advance for your consideration of this request. ~t jol3/Romaine Exteeutive Director , nbnqnO Vocational Senfices Center · 2455 Kerper Blvd. · Dubuque, Io Delaware Counh/Vocational SeNices Center o ~ Jasper · Manchester, Iowa 52057 CARF Accredited for Employment and Residential Servfces CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot lA of Block 13 of River Front Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully requlst ~alo~,,and Ci~ ~ouncil approval- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director © TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~/~ ',,~//~'~.~ Vacating Petition - Kerper Boulevard INTRODUCTION This is in response to a request from Thomas Luksetich and Steve Smith representing Talass, L.L.C., for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows the proposed portion of Kerper Boulevard to be vacated. The abutting properties are owned by Thomas Luksetich and Steve Smith. The area to be vacated is divided into one lot numbered Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Lot lA of Block 13 of River Front Subdivision No. 3 is a portion of the existing 175-foot long, 20-foot wide public right-of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot lA of Block 13 of River Front Subdivision No. 3 for maintenance of any existing and future public and private utilities. With reservation of the entire lot for utility easements, the property has been valued at $1.25 per square foot, for a total of $13,200. A credit for surveying and platting of $450 established a purchase price of $12,750. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. I would recommend that the area indicated by Lot lA of Block 13 of River Front Subdivision No. 3 on the attached ptat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on February 19, 2001. I would further recommend that the purchase price be established at $12,750, plus platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, PLS Prepared by: Michael A. Koch, Public Works Director Address: 50W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO, -01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this __ day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ,/ LUKSETICH/SMITH VACATE Luksetich/Smith ARC, Inc McGraw-Hill Hawkeye Boat Sales MH rper Blvd. Vacates PREPARED BY: IIW ENGINEERS ,5: SUR'~EYOR$ P.C, 4155 PENNSY1.VANIA AVE, DUBUQUE, IOWA, PLAT OF SURVEY LOT lA, BLOCK 15, RIVER FRONT SUBDIVISION NO. IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THE VACATED 20-FOOT WIDE PORTION OF KERPER BOULEVARD LYING EASTERLY OF AND ADJACENT TO BLOCK 15 AND LOT 1, BLOCK 14, RIVER FRONT SUBDIVISION NO. ,3 IN THE CITY OF DUBUQUE, IOWA LOT 1 BLOCK 12 I I RIVER FRONT SUBDIVISION NO..3 /I WESTERLY R.O.W. 5 LINE KERRER BLVD,~ S 57'07'19" E S 57'07'19" E .309.57' 20.00' -- -- /~ ~ i__ NEW R.O.W. LINE N 57'08'24" W . ~" FOR KERPER BLVD. .88' LOT lA -~ -.----~.3.B':~(T,~.),.. BLOCK 1,3 ! 10,560 SQ. FT. I t,- ~ . ~' rY GRAPHIC SCALE ] ~ D_ 0 100 200 o I BLOCK 13 ~'N~lJJ SUBDIVISION NO..3 1" = 100' L~ ~ DRAWING MAY HAVE BEEN REDUCED I ~ ~ LOT 1 OF BLOCK 14 POINT OF ~ ~ i~ SUBDIVISION NO. 3 BEGINNING LEGEND L ~1 -- ~--S 57'04'25" E .398.78' D' PLAT aOUNDARY · FOUND 1" IRON PIPE FOUND IRON ROD N 57'04'25" W · W/CAP NO. 1263] 20,00' NOTE: LOT lA, BLOCK 13 IS RESERVED W/CAP NO. 12631 AS A PUBLIC UTILITY EASEMENT · FOUND CONC. MON. SURVEYED FOR: TOM LUKSETICH PROPRIETOR: CITY OF DUBUQUE .B JOHN M. '% ~ FOe IIW ENCaNEERS AND SUR'~YOR$. p.C. 4155 Penns~von~° Ave' _Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 'i3th Street, Dubuque, IA 52001~,864 ORDINANCE NO. - 01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Thomas Luksetich and Steve Smith, representing Talass, L.L.C., have requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Block 13 of River Front Subdivision No. 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said pot[ions of Kerper Boulevard known as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. 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 Director Address: 50 W. 13~ Street, Dubuque, IA 52001~,864 RESOLUTION NO. -01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT lA OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, Thomas Luksetich and Steve Smith, representing Talass, L.LC., have requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Talass, EEC., be contingent upon the payment of $12,750.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this __ Attest: day of ,2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO, -01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on day of _, 2001, the City Council of the City of Dubuque, Iowa met on the day of ., 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easements as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Talass, L.L.C., be and the same is hereby approved for the sum of $12,750.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Talass, bEC., upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this __ day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Licensed in Iowa, Illinois and Wisconsin CONZETT & o'BRIEN Attorneys at Law 491 YE. 4tk Street P.O. Box 741 Dubuque, Iowa 520194-0741 PHONE: (319)556-8552 FAX: (319) 556-8572 January 6, 2000 The Honorable Mayor Terry Duggan and Dubuque City Council City Hall 50W. 13~ Street Dubuque, Iowa 52001 Dear Mayor Duggan and Cit~ Council: I represent Thomas Luksetich and Steven Smith and I :am writing on their behalf to see if they could acquire a portion of property in accordance with the City of Dubuque vacating procedures. We have spoken with Ron Turner at the City Engineer's Office and were given a preliminary indication that the vacating is favorable. Attached to this letter is a plat prepared by llW Engine,s & Surveyors, P.C. The area that we are requesting be vacated is highlighted on that plat. If there is any further information needed, please contact the undersigned, Mr. Luksetich or Mr. Steve. Thank you for your consideration in this matter. WAC/dao Enclosure Sincerely yours, William A Conzett CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager FY 2002 Annual Action Plan Acting Community and Economic Development Director Pam Myhre is recommending that a public hearing be set for February 26, 2001, on the proposed Fiscal Year 2002 Annual Action Plan. I concur with the recommendation and respectfully request Mayor and City C. ouncil approval. Mmhael ~. Van Millig~n 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 January30,2001 To: From: Subject: Pamela Myhre, Acting~nunity and Econom~JDevelopment Director FY 2002 Annual Action Plan Introduction The Community Development Advisory Commission is submitting the attached Fiscal Year 2002 Annual Action Plan to the City Council for public hearing and approval as part of the FY 2002 budget. This memorandum requests that the City Council set a public hearing on the proposed plan for February 26, 2001. Discussion The Annual Action Plan as shown on Exhibit A presents a plan for the use of Community Development Block Grant (CDBG) funds for Fiscal Year 2002 as approved by the Community Development Advisory Commission. The proposed Annual Action Plan was developed following a series of public meetings in October and November based on an anticipated entitlement of $1,4921,000 and program income of $681,025. A public heating was held on December 6th. A 30 day comment period as required by the Citizen Participation Plan has begun with publication of a notice in the Telegraph Herald and Dubuque Advertiser. A public hearing with the City Council should occur at the conclusion of the 30 day comment period to discuss the Annual Action Plan. In prior years, the public hearing has been held during the joint department budget worksession for Commtmity and Economic Development, Housing Services and Planning Services. The final adoption of the plan would take place at the final public heating and adoption of the City's annual budget. Adoption by resolution of the City Council is required prior to submission to HUD. Although the public hearing should be held on the Plan as approved by the Commission (Exhibit A), HUD has recently notified the City that the entitlement has now been reduced to $1,489,000 due to Congress enacting a Consolidated Appropriations Act in December 2000. An additional $640 in revenue is also anticipated which are reflected in modifications to several programs. Based on these changes, the proposed FY 2002 Annual Action Plan has been amended as shown on Exhibit B Revisions. Exhibit C identifies the Final Recommendation. Recommended Action I recommend that the City Council adopt the attached resolution setting a public hearing on February 26, 2001 on the FY 2002 Annual Action Plan as shown on Exhibit A. This is the date of the joint department budget worksession for Community and Economic Development, Housing Services and Planrfing Services. Final adoption of the Annual Action Plan as recommended on Exhibit C will occur at the final public hearing and adoption of the City's overall annual budget in March. F:\US ERS/AKRAMERIMYDOC S\CDBG~Annual PlanlMEMO.02..wpd RESOLUTION NO. - 2001 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROGRAM YEAR 2001 (FISCAL YEAR 2002) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Program Year 2001 (Fiscal Year 2002) Community Development Block Grant budget addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Program Year 2001 CDBG budget have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has recommended the adoption of this budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section l. That a public hearing shall be set to review the Program Year 2001 (FY 2002) Community Development Block Grant budget on February 26, 2001. Passed, approved and adopted this day of February, 2001. Attest: Terrance M. Duggan Mayor Jeanne F. Schneider, City Clerk F:\USERS\jocoanor\worddocs~nnualplanph.res EXHIBIT A COMMISSION'S PLAN PROPOSED ANNUAL ACTION PLAN FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PROGRAM YEAR ;?.001 (FISCAL YEAR 2002) JULY 1, 2001 - JUNE 30, 2002 CITY OF DUBUQUE, IOWA GRANT NO. B-01 -MC- 19-0004 FUNDING SOURCES Estimated Entitlement ........................................................................................ $1,492,000 Program Income ............................................................................................... $ 681,025 TOTAL SOURCES ........................................................................................... $2,173,025 PROPOSED ACTIVI'IIES/COST -- FISCAL YEAR 2000 Implementing Location(s)* National Funding Activity Name Agency Objectives* HOUSING DEVELOPMENT PROGRAMS Problem Properties Management Housing Services City-Wide S/B $ 2,200 Department Homeowner Rehab: Housing Services City-Wide L/M $505,000 1) Operation: Paintbrush 2) Operation: Department Upkeep 3) Residential Rehab Loan 4) Sewer Connection Loan Housing Code Enforcement Housing Services L/M Income L/M $87,436 Department Area First Time Home Buyer Program Housing Services City-Wide L/M $97,000 Department DREAMS (Purchase/Rehab/Resale) Housing Services City-Wide L/M $15,000 Department Rental Unit Rehab: Housing Services City-Wide L/M $80,000 1)Emergency Code Enforcement Loan Department 2)Moderate Income Rental Rehab Loan 3)Accessibility Rehab 4) Single Room Occupancy Painted Brick Program Housing Services City-Wide L/M $25,000 Department Housing Rehabilitation Services and Staff Housing Services City-Wide L/M $215,001 Department Housing Planning/Administrative Services and Housing Services N/A N/A $49,055 Staff Depar~nent NEIGHBORHOOD AND COM31UNITY DEVELOPMENT PROGRAMS Community Partnership Program (cp2) Various non- City-Wide L/M $50,000 profit organizations Senior Center Dubuque Area City Wide L/M $25,000 LifeTime Center Neighborhood Recreation Programs Leisure Services L/M Income L/M $122,122 Department Area Family Self-Sufficiency Alternative City-Wide L/M $4,000 Services Information and Referral Service Project Concern City-Wide L/M $24,300 Child Care Resource and Referral Service Child Care L/M Income L/M $8,400 Resource and Area Referral Service Deer Management Food Program St. Stephens Food City Wide L/M $1,500 Bank Zoning Inspection/Enforcement Planning Services L/M Income L/M $10,000 Department Area Historic Preservation Rehab Grants Community and City wide L/M $30,000 Economic Development Dept. Washington Neighborhood Tool Library Washington City-Wide S/B $10,500 Neighborhood Tool Library Neighborhood Support Grants Community and L/M Income L/M $30,000 Economic Area Development Dept. Neighborhood Leadership Training - Community and N/A N/A $5,000 Economic Development Dept. Handicap Curb Ramps Public Works City Wide L/M $55,000 Dept. Neighborhood lnfrastrncmre Improvements Public Works L/M Income L/M $I 00,000 1) Neighborhood Street Overlays Dept. Area 2) Neighborhood Sidewalk Program 3) Neighborhood Step/Wall Repair Dubuque Dispute Resolution Center Human Rights N/A N/A $1,000 I Department Fair Housing Education Human Rights N/A N/A $1,000 Department Neighborhood Development Services and Staff ! Community and N/A N/A $67,761 Economic Development Dept. ECONOMIC DEVELOPMENT PROGRAMS Community and City-wide L/M $125,000 Economic Development Financial Assistance Economic Program Development Dept. Enterprise Opportunity Program Community and City-Wide L/M $15,000 Economic Development Dept. Economic Development Services and Staff Community and City-Wide L/M m~d $96,063 Economic S/B Development Dept. Planning and Administration Pro,rams CDBG Administration Services and Staff Community and N/A N/A $110,703 Economic Development Dept. CDBG Administration Services/Staff-Finance Finance N/A N/A $10,015 City Planning Services and Staff Planning Services NA NA $182,585 Department Contingency NA NA NA $12,384 *L/M--Benefit to Low and Moderate Income TOTAL $2,173,025 , Persons S/B=Preventinn of Slum and Blight N/A=Not Applicable EXHIBIT B REVISIONS COMMUNITY DEVELOPMENT BLOCK GRANT REVISED ANNUAL ACTION PLAN FY 2002 Funding Sources Commission Revised Allocation Change Estimated Entitlement $ 1,492,000 l$ 1,489,000 $ (3,000) Program Income $ 681,025 $ 681,665 $ 640 Total Sources $ 2,173,025 $ 2,170,665 $ {2,360) CO~VHSSION Revised -tousing Development Programs: FY 2002 Action Pla FY 2002 Action Plan CHANGE !(Problem Properties Management) $ 2,200 $ 2,200 $ -lousing Trust $ ~omeownerRehabProgram $ 505,000 $ 505,000 $ qousingCodeEnfercement $ 87,436 $ 87,626 $ 190 First Time Homebuyer Program $ 97,000 $ 97,000 $ _ead Paint Hazard Abatement Project $ :~entalUnitRehabJlitation $ 80,000 $ 80,000 $ 9REAMS(Purohase/Rehab/Resale) $ 15,000 $ 15,000 $ =ainted Bdck Program $ 25,000 $ 25,000 $ qousing Rehabilitation Services and Staff $ 215,001 $ 215,230 $ 229 Housing Administration $ 49,055 $ 49,055 $ Housing Totals $ 1,075,692 $ 1,076,111 $ 419 COMMISSION Revised Economic Development Programs: FY 2002 Action Pla FY 2002 Action Plan CHANGE E.D. FinancialAssistanceProDam $ 125,000 $ 125,000 $ Commercial/Industrial Building Rehab Loans $ Enterprise Opportunity Program $ 15,000 $ 15,000 Economic Development Savices and Staff $ 96,063 $ 96,063 $ Economic Development Totals $ 236,063 $ 236,063 11 1." I.~ 16 2C Page 1 COMMUNITY DEVELOPMENT BLOCK GRANT REVISED ANNUAL ACTION PLAN FY 2002 Neighborhood and Community COMMISSION Revised Development Programs: FY 2002 Action Pla FY 2002 Action Plat CHANGE Community Partnership Program (CP2)* $ 50,000 $ 50,000 $ SeniorCentar $ 25,000 $ 25,000 $ Neighborhood Recreation Pram'am I$ 122,122 $ 122,122 Family Self-Sufficiency (Altamata Service., $ 4,000 $ 4,000 $ Information & Refelml - Project Concern $ 24,300 $ 23,745 $ (555) Zoning lnspecfion/Enforcement $ 10,000 $ 10,000 $ ProjectConcem-ChildCareResoume/Rstal$ 8,400 $ 8,367 $ (33) Deer Management Food Program !$ 1,500 $ 1,500 $ Historic Preservation Rehab Grant $ 30,000 $ 30,000 $ Washington ToolLibrary $ 10,500 $ 10,500 $ Neighborhood Support Granta $ 30,000 $ 30,000 $ Leadership Training $ 5,000 $ 5,000 $ Neighborhood lnfras~ctaralmpravementa $ 100,000 $ 100,000 $ Handicap Curb Ramps $ 55,000 $ 55,000 $ Dubuque Dispute Resolu~on Center $ 1,000 $ 1,000 $ Fair Housing Educafion $ 1,000 $ 1,000 $ NeighberhoodDevelopmentServices/Staff $ 67,761 $ 67,761 Neighborhood & Comm. Dev Totals $ 545,583 $ 544,995 $ (588) 21 22 23 24 25 27 28 29 3O 31 32 33 34 35 36 37 38 CO~[SSION Re~¢d Planning & Administration Programs: FY 2002 Action Pla FY 2002 Action Plar CHANGE CDBG Admin. Services and Staff $ 110,703 $ 111,106 $ 403 Finances Services and Staff $ 10,015 $ 10,463 $ 448 City Planning Services and Staff $ 182,585 $ 171,730 $ (10,855) Planning and Administration Totals $ 303,303 $ 293,299 $ (10,004) Contingency $ 12,384$ 20,197 $ 7,813 tOTALS $ 2,173,025 $ 2,170,665 $ (2,360) 42 45 46 users/akramerlexcel/cdbg/annualplan/2OOOplan/OOplan2.xls(FYO2Final) Page 2 CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Purchase of Plastic Center, Inc. Property at 301 Iowa Street; Lease with United Rentals, Inc. Parking System Supervisor Cindy Steinhauser is recommending execution of a purchase agreement with Plastic Center, Inc. The City would be acquiring the site at 301 Iowa Street for $297,000. The site could be used for future expansion of the 3rd Street Parking Ramp and to make gateway improvements. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVIWjh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Cindy Steinhauser, Parking System Supervisor CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 To: Michael C. Van Milligen, City Manager From: Cindy Steinhauser, Parking System Supervisor Re: Purchase of Plastic Center, Inc. property at 301 Iowa Street; lease w/th United Rentals, Inc. Introduction The purpose of this memorandum is to provide you with information related to the proposed purchase of property located at 301 Iowa Street. Background On August 8, 2000, the City Council reviewed the proposed plans and specifications and awarded a contract to construct a 420-stall parking ramp located at 4th & Iowa Streets. The design of the facility included extending the ramp over Iowa Street, between 3rd and 4th Streets. This facility would be adjacent to the Canfield Hotel site, currently owned by Bob Klauer, and the United Rental site, currently owned by Plastic Center, Inc. This design would allow for through traffic, including semi-tracks, to continue to have access to this right of way and businesses along this portion of Iowa Street. This design also allows for either vertical or horizontal expansion of the facility. Horizontal expansion would involved obtaining air rights fi:om the owner of the United Rental property to place building column on the site and to erect a parking deck over the facility. Plastic Center, Inc., in response to this design, filed a lawsuit against the City of Dubuque claiming that this design limited access to its property and was in part, a takings issue. Plastic Center Inc. agreed to dismiss the lawsuit if it was able to reach a successful negotiation with the City of Dubuque to purchase this property. Plastic Center, Inc. currently leases this site on a month to month basis to United Rental, Inc. Discussion In response to the lawsuit, Corporation Counsel Barry Lindmhl and Plastic Center, Inc. attorney Brian Kane began to negotiate the terms of a purchase agreement. Attached is a copy of the proposed Agreement. In summary, the City of Dubuque agrees to purchase the property for $297,000 and Plastic Center, Inc. agrees to dismiss its lawsuit against the City of Dubuque. The City has also negotiated a month-to-month lease with United Rental. A copy of the proposed Lease is also attached. United Rental agrees to maintain responsibility for two underground storage tanks, removed in 1994, associated with the former use of this site and to indemnify the City of Dubuque against any claims rising out of that condition. In reviewing this matter with Pauline Joyce, Administrative Services Manager, the purchase of this property would be made through the use of two funds. A total of $205,000 will come from FY '01 gurdte project and $92,000 will come from savings on other CIPs. Recommendation I recommend that the City Council approve the offer to buy real estate with acceptance and to authorize the City Manager to sign. I further recommend that the City Council adopt the attached resolution setting the proposed lease for public hearing. Cc~ Ken TeKippe, Finance Director Pauline Joyce, Administrative Services Manager Barry Lindahl, Corporation Counsel Mike Koch, Public Works Director Barry A. Lindohl, Esq. Corporation Counsel 196 Dubuque Building 700 Locust Street Dubuque, Iowa 52001-6824 (319) 5834113 (319) 583-1040 FAX E-mail: balesq~mwci.net January 30, 2001 Mr. Michael C. Van Milligen City Manager City Hall Dubuque, Iowa 52001 RE: Purchase of Plastic Center, Inc. (United Rental Property\Lease With United Rental, Dear Mike: Enclosed is the Offer To Buy Real Estate And Acceptance for acquisition of the Plastic Center, Inc. property now leased to United Rental, Inc. The proposed Offer is based on review and acceptance by the City Council at its February 5, 2001 meeting. Also enclosed is a proposed lease of the property with United Rentals, Inc. and a Resolution of Intent to Dispose of the City's interest in the property by lease. Assuming the City Council approves the Offer at its February 5th meeting, the Lease would be set for hearing for February 19th. Closing on both transactions would be March l, 2001. Let me know if there is any additional information you need from me on this project. J Barry_A. Lindahl ~orporation Counsel BAL/cg Enclosures sc - Brian Kane, Esq. cc - Roger Stageberg, Esq. Service People Integrity Responsibility Innovation Teamwork OFFER TO BUY REAL ESTATE AND ACCEPTANCE (NONRESIDENTIAL) TO: PLASTIC CENTER, INC., A New York Corporation (~SELLER~) The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real property situated in Dubuque, Iowa, locally known as 300 Iowa Street, Dubuque, Iowa 52001 and legally described as: The West 68 feet 3 inches - North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa, (excluding approximately 3,000 square feet, more or less, to the south of such property over which SELLER has an easement) together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants, and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, are permitted to use the Property for N/A. 1. PURCHASE PRICE. The Purchase Price shall be $297,000.00 and the method of payment shall be as follows: $0.00 to be deposited upon acceptance of this offer and held in trust by N/A as earnest money, to be delivered to the SELLER upon performance of SELLER'S obligations and satisfaction of BUYER'S contingencies, if any; and the balance of the ?urchase Price as follows: (A) The full amount of the purchase price, $297,000.00, shall be paid in full on the date of closing (defined below). 2. REAL ESTATE TAXES. SELLER shall pay real estate taxes for the current fiscal year prorated to the date of possession and any unpaid real estate taxes payable in prior years. BUYER shall pay all subsequent rea] estate taxes. 3. SPECIAL ASSESSMENTS. A. SELLER shall pay at time of closing all installments of special assessments which are a lien on the Property and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLER'S possession, including those for which assessments arise after closing, shall be paid by SELLER. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLER. D. BUYER shall pay all other special assessments or installments not payable by SELLER. 4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain existing insurance and BUYER may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYER shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The Property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession ofthe Property shall be delivered to BUYER on or before March 1, 2001 , and any adjustments of insurance, rent, interest and all charges attributable to SELLER'S possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 24 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate Agreement with adjustments as of the date of possession. This transaction shall be considered closed: A. Upon the delivery of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under the Agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to, or are a part of the real estate, whether attached or detached. Also included shall be the following: NONE. The following items shall not be included: N/A. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the SELLER in its present condition until possession, ordinary wear and tear excepted. SELLER makes no warranties, express or implied, as to the condition of the Property. A. BUYER acknowledges that it has made a satisfactory inspection of the Property and is purchasing the Property in its existing condition. 8. ABSTRACT AND TITLE. SELLER, at its expense, shall promptly obtain an abstract of title to the Proper~y continued through l?ne date of acceptance of this Agreement, and deliver it to BUYER'S attorney for examination. It shall show merchantable title in SELLER in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The SE LLER shall make every reasonable effort to promptly perfect title. If dosing is delayed due to SELLER'S inability to provide marketable title, this Agreement shall continue in force and effect. The abstract shall become the property of BUYER when the Purchase Price is paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any act or omission of SELLER, including transfers by or the death of SELLER or their assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Title Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. BUYER may, at BUYER'S expense prior to closing, have the Property surveyed and certified by a registered land surveyor. 10. ENVIRONMENTAL MATTERS. A. SELLER warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon, gas, asbestos or urea-formaldehyde foam insulation which require remediation under current governmental standards, and SELLER has done nothing to contaminate the Property with hazardous wastes or substances. Except as described below with regard to releases from t~vo (2) underground storage tanks removed in about 1994 from the Property as required by the Iowa Department of Natural Resources, SELLER, to SELLER'S actual knowledge, warrants that the Property is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SELLER shall also provide BUYER with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: Anything disclosed to Buyer by virtue of its environmental inspection/testing of the Property; no written report concerning such inspection or testing has been provided to SELLER. Further, by closing this transaction, BUYER releases SELLER from any and all liability whatsoever related to or arising out of releases from two (2) underground storage tanks removed in or about 1994 from the Property. The responsibility for the removal of such tanks and all required remediation related thereto rests with United Rental, Inc., a Delaware Corporation, the existing tenant of the Property, all as more particularly described in that Page 2 of 4 certain Lease Agreement between United Rental, Inc. as Tenant and the City of Dubuque, Iowa, as Landlord dated ., 2001, Section 12 thereof. 11. DEED. Upon payment of the Purchase Price, SELLER shall convey the Property to BUYER by Warranty Deed (Corporate Grantor), free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYER. 12. USE OF PURCHASE PRICE. At the time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 13. REMEDIES OF THE PARTIES. A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, a SELLER'S option, upon 30 days written notice of intention to accelerate the payment of the entire balance because of BUYER'S default (during which 30 days the default is not corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the court may appoint a receiver. to them. If SELLER fails to timely perform this Agreement, BUYER has the right to have all payments made returned C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing party shall be entitled to obtain judgment for costs and attorney fees. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire Agreement of the parties and shall not be amended except by a written instrument duly signed by SELLER and BUYER. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 16. NO REAL ESTATE AGENT OR BROKER. Neither pady has used the service of a mai estate agent or broker in connection with this transaction. 17. ADDITIONAL PROVISIONS. (A) BUYER accepts the Property in "AS IS" condition. SELLER makes no representations or warranties with regard to the Property other than as set out in full in writing herein. (B) The purchase of the Property is subject to the approval of the City Council of Buyer. (C) At the closing, Seller shall deliver to Buyer a Dismissal with Prejudice with respect to that action pending in the Iowa District Court for Dubuque County, No. EQCVA 92058. (D) This Agreement may be signed in counterparts or via facsimile signatures which, when taken together, shatl constitute one, original Agreement. (E) SELLER reserves the right to assign its rights, but not its obligations hereunder, to a qualified intermediary as provided in Internal Revenue Code Regulation 1.1031(k)-1 (g)(4) on or before the closing date. To that end, BUYER may Page 3 of 4 be asked to exercise a notice of assignment and acceptance, acknowledging assignment of this Agreement by SELLER to such qualified intermediary. BUYER agrees to cooperate with SELLER in connection with SELLER'S intentto comply with Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, at no cost to BUYER. (F) BUYER agrees that this purchase is a *friendly condemnation" in connection with the acquisition of the Property. (G) EXISTING TENANT. BUYER acknowledges that SELLER has a month to month lease with regard to the Property wherein SELLER is the Landlord and United Rental is the Tenant. BUYER shall accept the Property as of the closing subject to such month to month lease or any n*ew lease between such Tenant and BUYER. All rant accruing on or after the Closing shall be paid to Buyer. 18. ACCEPTANCE. When accepted, this Agreement shall become a binding contract, tf not accepted and deliveredtoBUYERonorbeforethe9~h day of February, 2001,thisAgreementshallbenullandvoidandallpayments made shall be returned immediately to BUYER. If accepted by SE LLER at a later date and acceptance is satisfied in writing, then this Agreement shall be valid and binding. Accepted FEBRUARY__, 2001. Dated FEBRUARY ~ 2001. PLASTIC CENTER, INC., SELLER CITY OF DUBUQUE, IOWA, An Iowa MUNICIPAL CORPORATION, BUYER By_ By_ James M. Pfohl, Its President Its Authorized Representative Page 4 of 4 RESOLUTION NO. -01 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH UNITED RENTALS, INC. WHEREAS, the City of Dubuque, Iowa (City) intends to purchase the following real property (the Property) from Plastic Center, Inc.: The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa AND WHEREAS, United Rentals, Inc. (United) desires to lease the Property for the operation of an equipment rental business upon the terms set forth in the Lease attached hereto as Exhibit A; AND WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Lease with United. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real property by Lease between City and United. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 ora public heating on the City's intent to dispose of the foregoing-described real property, to be held on the 19 day of February, 2001, at 6:30 o'clock p.m. at the public library auditorium, 1 lth & Locust, Dubuque, Iowa. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake** Brad J. Heying Todd L. Stevenson* Louis P. Pfeiler MaryBeth Pfeiler Salmon Mary A. Cherba All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001 January 26, 2001 Phone: (319) 582-7980 Facsimile: (319)582-5312 E-mail: lmrpc~mwci.net Mr. Barry A. Lindahl Attorney at Law 196 CyCare Plaza Dubnque, IA 52001 RE: PLASTIC CENTER, INC./UNITED RENTAL REAL ESTATE Dear Barry: Enclosed please fred duplicate originals of the Offer to Buy Real Estate and Acceptance (Nonresidential) which we have revised as you requested. Please note the new Section 17(B) requiring council approval (which we understand is expected to occur at the February 5, 2001 council meeting). Additionally, we revised Section 18 to defer the date of acceptance to not later than February 9, 2001. Assuming the council approves of the Offer, please have both originals signed in duplicate by the appropriate representative of the City and provide both, originally signed documents to us. We will thereupon obtain the signature of Mr. Jim Pfohl. As we previously advised you, we have the abstract and we will have it continued and deliver it to you for examination. Please do not hesitate to contact us directly should you have any questions. Thank you. Best regards, BJK:db Copy To: Mr. James M. Pfohl Brian J. ~me OFFER TO BUY REAL ESTATE AND ACCEPTANCE (NONRESIDENTIAL) TO: PLASTIC CENTER, INC., A New York Corporation ("SELLER") The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real property situated in Dubuque, Iowa, locally known as 300 Iowa Street, Dubuque, Iowa 52001 and legally described The West 68 feet 3 inches - North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa, (excluding approximately 3,000 square feet, mom or less, to the south of such property over which SELLER has an easement) together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants, and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, are permitted to use the Property for N/A. 1. PURCHASE PRICE. The Purchase Price shall be $297,000.00 and the method of payment shall be as follows: $0.00 to be deposited upon acceptance of this offer and held in trust by N/A as earnest money, to be delivered to the SELLER upon performance of SELLER'S obligations and satisfaction of BUYER'S contingencies, if any; and the balance of the Purchase Price as follows: (A) The full amount of the purchase price, $297,000.00, shall be paid in full on the date of closing (defined below). 2. REAL ESTATE TAXES. SELLER shall pay real estate taxes for the current fiscal year prorated to the date of possession and any unpaid real estate taxes payable in prior years. BUYER shall pay all subsequent real estate taxes. 3. SPECIAL ASSESSMENTS. A. SELLER shall pay at time of closing all installments of special assessments which are a lien on the Property and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLER'S possession, including those for which assessments arise after closing, shall be paid by SELLER. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLER. D. BUYER shall pay all other special assessments or installments not payable by SELLER. 4. RISK O1: LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain existing insurance and BUYER may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYER shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The Property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession ofthe Property shall be delivered to BUYER on or before March 1, 2001 , and any adjustments of insurance, rent, interest and all charges attributable to SELLER'S possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 24 hours prior to closing to assure that the promises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate Agreement with adjustments as of the date of possession. This transaction shall be considered closed: A. Upon the delivery of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under the Agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to, or are a part of the real estate, whether attached or detached. Also included shall be the following: NONE. The following items shall not be included: N/A. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the SELLER in its present condition until possession, ordinary wear and tear excepted. SELLER makes no warranties, express or implied, as to the condition of the Property. A. BUYER acknowledges that it has made a satisfactory inspection of the Property and is purchasing the Property in its existing condition. 8. ABSTRACT AN D TITLE. SELLER, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to BUYER'S attorney for examination. It shall show merchantable title in SELLER in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The SELLER shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLER'S inability to provide marketable title, this Agreement shall continue in force and effect. The abstract shall become the property of BUYER when the Purchase Price is paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any act or omission of SELLER, including transfers by or the death of SELLER or their assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Title Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. BUYER may, at BUYER'S expense prior to closing, have the Property surveyed and certified by a registered land surveyor. 10. ENVIRONMENTAL MA'FI'ERS. A. SELLER warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon, gas, asbestos or urea-formaldehyde foam insulation which require remediation under current governmental standards, and SELLER has done nothing to contaminate the Property with hazardous wastes or substances. Except as described below with regard to releases from two (2) underground storage tanks removed in about 1994 from the Property as required by the Iowa Department of Natural Resources, SELLER, to SELLER'S actual knowledge, warrants that the Properly is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SELLER shall also provide BUYER with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: Anything disc]osed to Buyer by virtue of its environmental inspection/testing of the Property; no written report concerning such inspection or testing has been provided to SELLER. Further, by closing this transaction, BUYER releases SELLER from any and all liability whatsoever related to or arising out of releases from two (2) underground storage tanks removed in or about 1994 from the Property. The responsibility for the removal of such tanks and all required remediation related thereto rests with United Rental, Inc., a Delaware Corporation, the existing tenant of the Property, all as more particularly described in that Page 2 of 4 certain Lease Agreement between United Rental, Inc. as Tenant and the City of Dubuque, Iowa, as Landlord dated ~ 2001, Section 12 thereof. 11. DEED. Upon payment of the Purchase Price, SELLER shall convey the Property to BUYER by Warranty Deed (Corporate Grantor), free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYER. 12. USE OF PURCHASE PRICE. At the time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 13. REMEDIES OF THE PARTIES. A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, a SELLER'S option, upon 30 days written notice of intention to accelerate the payment of the entire balance because of BUYER'S default (during which 30 days the default is not corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the count may appoint a receiver. to them. If SELLER fails to timely perform this Agreement, BUYER has the rightto have all payments made returned C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing party shall be entitled to obtain judgment for costs and attorney fees. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by centified mail, addressed to the panties at the addresses given below. 15. GENERAL PROVISIONS. In the performance of each pant of this Agreement, time shall be of the essence. Failure to promptly assent rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the panties. This Agreement shall survive the closing. This Agreement contains the entire Agreement of the panties and shall not be amended except by a written instrument duly signed by SELLER and BUYER. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 17. ADDITIONAL PROVISIONS. (A) BUYER accepts the Property in 'AS IS" condition. SELLER makes no representations or warranties with regard to the Property other than as set out in full in writing herein. (13) The purchase of the Property is subject to the approval of the City Council of Buyer. (C) At the closing, Seller shall deliver to Buyer a Dismissal with Prejudice with respect to that action pending in the Iowa District Count for Dubuque County, No. EQCVA 92058. (D) This Agreement may be signed in counterparts or via facsimile signatures which, when taken together, shall constitute one, original Agreement. (E) SELLER reserves the right to assign its rights, but not its obligations hereunder, to a qualified intermediary as provided in Internal Revenue Code Regulation I. 1031 (k)-I (g)(4) on or before the closing date. To that end, BUYER may Page 3 of 4 be asked to exercise a notice of assignment and acceptance, acknowledging assignment of this Agreement by SELLER to such qualified intermediary. BUYER agrees to cooperate with SELLER in connection with SELLER'S intent to comply with Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, at no cost to BUYER. (F) BUYER agrees that this purchase is a 'friendly condemnation" in connection with the acquisition of the Property. (G) EXISTING TENANT. BUYER acknowledges that SELLER has a month to month lease with regard to the Property wherein SELLER is the Landlord and United Rental is the Tenant. BUYER shall accept the Property as of the closing subject to such month to month lease or any new lease bet~veen such Tenant and BUYER. All rent accruing on or after the Closing shall be paid to Buyer. 18. ACCEPTANCE. When accepted, this Agreement shall become a binding contract, tf not accepted and deliveredtoBUYERonorbeforethe9~h day of February, 2001,thisAgreementshallbenullandvoidandallpayments made shall be returned immediately to BUYER. If accepted by SELLER at a later date and acceptance is satisfied in writing, then this ,~greement shall be valid and binding. Accepted FEBRUARY ~ 2001. Dated FEBRUARY __, 2001. PLASTIC CENTER, INC., SELLER CITY OF DUBUQUE, IOWA, An Iowa MUNICIPAL CORPORATION, BUYER By By James M. Pfohl, its President its Authorized Representative Page 4 of 4 LEASE AGREEMENT THIS LEASE AGREEMENT made this __ day of January, 2001, between the City of Dubuque, Iowa, (hereinafter called "Landlord"), and United Rentals, Inc., a Delaware corporation (hereinafter called "Tenant"). WITNESSETH THAT: 1. Premises. Landlord, subject to the terms and conditions hereof, hereby leases to Tenant the real property and all improvements thereon located at 300 Iowa Street, Dubuque, Iowa 52001, County of Dubuque, State of Iowa, legally described as: The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa (hereinafter referred to as the "Premises"). The Premises shall be used by Tenant for an equipment rental business. 2. Teton. Tenant takes the Premises from Landlord, upon the terms and conditions herein contained, to have and to hold the same for a term ("Lease Term") of month-to-month commencing on the __ day of January, 2001 ("Commencement Date") and continuing month-to-month thereafter until terminated by either party hereto. Notwithstanding anything to the contrary herein contained, in order to terminate this Lease either party must give not less than 90 days' prior written notice prior to the first day of the month of termination of this Lease of such intention to the other party before this Lease is terminated. 3. ~. Tenant shall pay to Landlord for the period from the Commencement Date through the Termination Date, Base Rent of $2,975 per month, payable on the Commencement Date (pro-rated) and on the 1st day of each month thereafter at the office of Landlord, City Manager's Office, City Hall, 13~ and Central Avenue, Dubuque, Iowa, 52001, or such other place as may from time to time be designated by Landlord. 4. _O_g.eI_al~_n_g_C_~. Tenant shall, for the entire Lease Term, pay without any set-off or deduction therefrom except as provided in this Lease, all costs wl-dch Tenant may incur in maintaining and operating the Premises as Tenant. Said costs are referred to herein as "Operating Costs" and are hereby def'med to be limited to the costs of heating, lighting, plumbing and air conditioning, but excluding capital costs. The following shall be specifically excluded from Operating Costs: All real estate taxes and special assessments and all insurance premiums on the Premises. A. Tenant agrees to purchase, in advance, and to carry in full force and effect the following insurance: i. "Special perils" property insurance coveting the full replacement value of all of Tenant's personal property within the Premises. ii. Commercial general liability insurance, which policy shall include coverage for Bodily Injury, Property Damage, Personal Injury, and Independent Contractors, in current Insurance Services Off.ice form or other form which provides coverage at least as broad. Tenant shall maintain a combined policy limit of at least $2,000,000 applying to Bodily Injury, Property Damage and Personal Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination with umbrella or excess policies so long as the coverage is at least as broad as that required herein. Landlord shall be named as additional insured under all such policies. B. At least ten (10) days prior to expiration of any such coverage, Tenant shall deliver evidence that the coverage in question will be renewed or replaced upon expiration. Such evidence of insurance shall contain sufficient information to enable Landlord to determine whether Tenant's insurance complies with the requirements of this Lease. Upon request, Tenant shall also furnish insurer-certified copies of all pertinent policies. All policies used to provide the coverage required by this Lease shall (i) be endorsed to require the insurer to provide at least thirty (30) days notice to Landlord prior to cancellation or non-renewal, and (ii) be issued by financially sound companies having an A.M. Best Company rating of at least A. Tenant shah provide Landlord a certificate of Tenant's general liability coverage with the 30-day notice of cancellation and naming Landlord as an additional insured. C. Landlord has provided Tenant with evidence of its insurance, which Tenant agrees is acceptable to it. 6. Care and Repair of Premises. Tenant shall, at all times throughout the Lease Term, and at its sole expense, heat the Premises and keep and maintain the Premises in a clean, safe, sanitary condition, ordinary wear and tear excepted and excluding Landlord's obligations in this Lease. If Tenant fails, refuses or neglects to maintain the Premises as required in this Lease after thirty (30) days written notice shall have been given Tenant, unless a reasonable t'mae for cure exceeds 30 days, in which event Tenant shall have such additional time providing Tenant commences cure within said 30-day period, Landlord may make such expenditures without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, f'Lxtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all reasonable costs incurred by Landlord in making such expenditures upon presentation to Tenant of bill therefor. 7. Improvementq to Premises. Tenant shall not be permitted to make improvements and repairs to the Premises without the written consem of Landlord not to be unreasonably withheld. Tenant shall hold Landlord harmless from all costs of said improvements and repairs. 8. n f n . Tenant agrees that it shall: A. Observe reasonable roles and regulations as from time to time may be put in effect by Landlord for the general safety, comfort and convenience of Landlord, occupants and tenants of the Premises. B. Give Landlord access to the Premises at all reasonable times upon reasonable notice, without charge or diminution of rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord may deem advisable but without changing the configuration of the Premises. C. Keep the Premises in good order and condition, reasonable wear and tear excepted. D. Fourteen days prior the expiration of the Lease Term, allow Landlord the right to advertise on the Premises for the lease or sale of the Premises. E. Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. F. Not assign this Lease, or sublet all or any part of said Premises. G. Not place signs on or about the Premises without fkst obtaining Landlord's written consent thereto, not to be unreasonably withheld. H. Not make any alterations or additions to the Premises without obtaining the prior written approval of Landlord, not to be unreasonably withheld, and all alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by either of the parties hereto upon the Premises, except movable office furniture and equipment, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the termination of this Lease, unless Landlord requires removal at time consent is given. I. Keep the Premises flee from any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant unless Tenant provides Landlord with a bond. Provided, however, that Tenant shall have the right to contest any such lien, in which event such lien shall not be considered a default under this Lease under the existence of the lien has been finally adjudicated and all appeal periods have expired. Tenant shah indenmify and hold harmless Landlord from and against any such lien, or claim or action thereon, reimburse Landlord promptly upon demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action, and upon written request of Landlord, provide Landlord with a bond in an amount and under circumstances necessary to obta'm a release of the Premises from such lien, excluding therefrom any mechanic's liens for initial Tenant improvements which are the responsibility of Landlord and Landlord's maintenance obligations. J. Subject to the limitations on Par. 12, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims of any kind which may be asserted against Landlord which are a result of Tenant's negligence in the performance of the conditions of this Lease. Tenant's obligations under this paragraph 8 to do or not to do a specified act shall extend to and include Tenant's obligations to exercise reasonable efforts to cause Tenant's employees, agents and invitees to do or not to do such acts, as the case may be. 9. ~. If the entire or a portion of the Premises or access to the Premises are taken by eminent domain, this Lease shall automatically terminate as of the date of taking. All damages awarded for a talcing under the power of eminent domain shall belong to and be the exclusive property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold estate hereby created or to the fee of the Premises; provided, however, that Landlord shall not be entitled to any separate award made to Tenant for the value and cost of removal of its persortal property and fixtures, moving costs and loss of business. 10. Mutual Release/Waiver of Subrogation. The "Special Perils" insurance by Tenant and Landlord's insurance shall include a waiver of subrogation by the insurers and aH rights based upon an assignment from its insured, against Landlord or Tenant, their officers, directors, employees, managers, agents, invitees and contractors in connection with any loss or damage thereby insured against. Landlord and Tenant each hereby release the other from any and all liability or responsibility for any direct or consequential loss, injury or damage to the Premises, or its contents, caused by fire or any other casualty, during the Lease Term, even if such fire or other casualty may have been caused by the negligence of the other party or one for whom such party may be responsible. 11. Landlord's Environmental Representations and Covenants. "EnvLronmental Laws" shall include the following: the Resource Conservation and Recovery Act as amended ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended ("CERCLA"), the Superfund Amendments and Reauthorizafion Act of 1986 ("SARA"), Federal Clean Water Act, Federal Clean Air Act, the Toxic Substances Control Act, or any other Federal, state, or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation, handling storage, or disposal, or the environment. To the extent allowed by law, Landlord agrees to reimburse and indemnify Tenant and its officers, directors, employees and agents ("Indemnified Party") against any and all losses, claims, damages, penalties, judgments, liabilities and expenses including reasonable attorneys' fees and consultant fees which Tenant, as Indemaified Party, may pay, incur or become subject to arising out of or relating to Landlord's use, handling, release, emission, discharge, transportation, storage, treatment or disposal of any Hazardous Substances at the Premises. The within covenant shall survive the expiration or earlier termination of the Lease Term. 12. Tenant's Environmental Representations and Covenants. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other Hazardous Substances or materials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Premises any such materials or substances except to use in the ordinary course of Tenant's business. Without limitation, Hazardous Substances and materials shall include those described in the CERCLA, and applicable state or local laws and the regulations adopted under these laws. Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's knowledge and belief regarding the presence of Hazardous Substances or materials on the Premises. Tenant agrees to reimburse and indemnify and hold Landlord and its officers, employees and agents ("Indermfified Party") harmless from and against any and all losses, claims, damages, penalties, judgments, liabilities and expenses including reasonable attorneys' fees and consultant fees which an Indemnified Party may pay, incur or become subject to arising out of or relating to (i) Tenant's use, handling, release, emission, discharge, transportation, storage, trealment, assignment or disposal of any Hazardous Substances at the Premises, and/or (ii)any violation of any Environmental Laws with respect to Tenant's use and occupancy of the Premises. Tenant further agrees to fully comply with and perform all investigations and corrective action required by the Iowa Departmem of Natural Resources (DNR) related to or arising out of releases from two (2) underground storage tanks removed in 1994. Tenant further agrees to use good faith efforts to obtain a "No Further Action" letter from the Iowa DNR with respect to two (2) underground storage tanks removed from the Premises, in or about 1994. The within covenants shall survive the expiration or earlier termination of the Lease Term. Tenant shall not use any unreasonable institutional control or other restriction or limitation on the use of the Premises (except a no-water-supply wells restriction) as a means of corrective action or obtaining a No Further Action Certificate without the prior written authorization of Landlord, which authorization shall not be unreasonably withheld. 13. Tenant Default. Tenant hereby agrees that in case Tenant shall default in making its payments within ten (10) days after written notice of such default is given by Landlord, or in performing any of the other agreements, terms and conditions of this Lease within thirty 00) days (or such longer time as is reasonable to cure so long as Tenant commences remedying such event of default within the thirty (30) day period and proceeds diligently thereafter to cure same) after written notice of such default is given by Landlord, then, in any such event, Landlord may, in addition to all other rights and remedies available to a lessor by law or by other provisions hereof, with due process, re-enter immediately into the Premises and remove all persons and property therefrom, and, at Landlord's option with due process, cancel this Lease as to all future rights of Tenant. Neither acceptance of rent by Landlord, with or without knowledge of breach, nor failure of Landlord to take action on account of any breach hereof or to enforce its rights hereunder shall be deemed a waiver of any breach, and absent written notice or consent, said breach shall be a continuing one. Nothing herein shall prevent Landlord from exercising any and all other rights and remedies available to Landlord under applicable law. 14. Notices. All bills, statements, notices or communications which Landlord may desire or be required to give to Tenant shall be deemed sufficiently given or rendered if in writing and either delivered to Tenant personally or sent by registered or certified mail addressed to Tenant at the Premises and the time of the giving of such notice or communication shall be deemed to be the time when the same is delivered to Tenant or deposited in the mail. Any notice by Tenant to Landlord must be served by registered or certified mail addressed to Landlord at the address where the last previous rental hereunder was payable, or in the case of subsequent change upon notice given, to the latest address furnished and shall be deemed given when deposited in the mail. 15. Subordination. The rights of Tenant shall be and are subject and subordinate at all times to the lien of any first mortgage now or hereafter in fome against the Premises, and Tenant shall execute such further instruments subordinating this Lease to the lien of any such first mortgage as shall be requested by Landlord, providing Tenant receives a nondisturbance agreement from Landlord's lender. 16. ~gi~,l~lffit~. Tenant shall at any time and from time to time, upon not less than ten (10) days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord and any other parties designated by Landlord, a statement in writing certifying (a)that this Lease is in full force and effect and is unmodified (or, if modified, stating the nature of such modifications), (b) the date to which rental and other charges payable hereunder have been paid in advance, if any, and (c) that there are, to Tenant's knowledge, no uncured defaults on the part of Landlord hereunder (or specifying such defaults if any are claimed). Any such statement may be furnished to and relied upon by a prospective purchaser, tenant or encumbrancer of all or any portion of the Premises. 17. l~.ll~L~tljlt~lll~iI. So long as Tenant shall pay the Base Rent and shall fully comply with all of the terms of this Lease and fully perform its obligations hereunder, Tenant shall peaceably and quietly have hold and enjoy the Premises for the Term hereof, subject, however, to all the terms of this Lease. No failure by Landlord to comply with the foregoing covenants during the Lease Term shall give Tenant a right to cancel or terminate this Lease or to abate, reduce or make a deduction from or offset against the Base Rent or any other sums payable under this Lease, or to fail to perform any other obligation of Tenant hereunder except as specifically set forth in this Lease. Notwithstanding anything contained in this Lease to the contrary, it is specifically understood and agreed that no officer, director or shareholder of either party, or any mortgagee (except mortgagee in possession), shall have any personal liability in respect of any of the terms, covenants, conditions or provisions of this Lease. 18. ~. Each provision hereof shall extend to and shall, as the case may require, bind and inure to the benefit of Landlord and Tenant and their respective successors and assigns, 19. of Iowa. This Lease shall be governed by the laws of the State IN WITNESS WI-II*~REOF, the respective parties hereto have caused this Lease to be executed the day and year first above written. LANDLORD: TENANT: CITY OF DUBUQUE, IOWA UNITED RENTALS, INC. By Michael Van Milligen Its City Manager STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) The foregoing was acknowledged before me this __ day of January, 2001, by Michael Van Milligen, the City Manager for the City of Dubuque, Iowa, a municipal corporation, on behalf of said corporation. Notary Public STATE OF CONNECTICUT ) ) SS. COUNTY OF FAIRFIELD ) The foregoing was acknowledged before me this __ day of January, 2001, by the of United Rentals, Inc., a Delaware corporation, on behalf of said corporation. Notary Public CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Stout Place Urban Revitalization District Iowa Inn Project Acting Community and Economic Development Director Pam Myhre is recommending that a public hearing be set for March 5, 2001, on amending the City's Stout Place Urban Revitalization District. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen 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 30,2001 To: From: Subject: Michael C. Van Milligen, City Manager \ , Pamela Myl~re, Ac~mi~ve~Director Amendment to Stout Place Urban Revitalization District Iowa Inn Project Introduction This memorandum submits for City Council review and approval a resolution setting a public hearing to amend the City's Stout Place Urban Revitalization District. The amended plan will extend the duration of the plan and update information i~ the plan on property ownership and proposed rehabilitation of the property. Background The State of Iowa Urban Revitalization Act, Code of Iowa, Chapter 404, authorizes cities to designate an area of the City as a revitalization area. Improvements to qualified real estate within these designated areas may them become eligible for an exemption fi.om property taxes for a specified number of years. On November 17, 1997, the City Council adopted a Resolution of Necessity finding that the former Iowa Inn Property is an area meeting the definition of blight and that redevelopment of said area is necessary in the interest of the residents of the City of Dubuque, Iowa. At the direction of City Council, staff prepared the Stout Place Urban Revitalization Area Plan. An ordinance establishing the Stout Place Urban Revitalization Area was adopted March 16, 1998. After the former owner, Iowa Housing Corporation, ceased operations, MetroPlains Development replaced the Iowa Housing Corporation as owner and developer of the Iowa Inn Project. Discussion The plan's duration was for three years fi.om the date of adoption of the ordinance, or until the proper~y was fully rehabilitated, whichever came first. Since the plan's duration expires on March 16, 2001, it is necessary to amend the plan. The City Council has previously approved MetroPlains development proposal which included a local commitment of tax exemption. The amended plan will be reviewed by the Long Range Planning Commission at their meeting on February 21. Iowa Code Section 404 specifies that the City may subsequently amend the Urban Revitalization plan after a hearing. Recommendation The recommended action is for the City Council to adopt the attached resolution regarding public notification and set a public hearing for Monday, March 5, 2001, to am~md the Stout Place Urban Revitalization Plan. RESOLUTION NO. -01 A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO AMEND CITY OF DUBUQUE ORDINANCE NO. 12-98 ESTABLISHING THE STOUT PLACE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. Whereas, the City of Dubuque Ordinance No.12-98 established the Stout Place Urban Revitalization Area; and Whereas, the Stout Place Urban Revitalization Area Plan's duration will expire on March 16, 2001; and Whereas, due to a change in property ownership and resultant delay in rehabilitation of the Stout Place (Iowa Inn) development, an amendment to the Stout Place Urban Revitalization Plan is necessary to extend the duration of the plan; and Whereas, Chapter 404 of the Code of Iowa provides that a public heating shall be held on any proposed amendment of an Urban Revitalization Area Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That a public hearing shall be set to review the FY 2002 Annual Action Plan on March 5, 2001. Section 2. That the notice of public hearing shall be given according to the requirement of Chapter 404 of the Code of Iowa. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:'/USERS\jocoralor\w~locs\Urban Revitalization Res.wpd PRESENT: ABSENT: STAFF: GUESTS: 01. DUBUQUE REGIONAL AIRPORT COMMISSION MEETING Thursday, December 28, 2000 4:00 p.m. Dubuque Regional Airport Dubuque Ak Service Conference Room Doug Brotherton, Rick Goodin, Jim O'Neill, and John Teri Goodman Ken Kraemer, Bob Boleyn, and Gordy Vetsch None APPROVAL OF MINUTES Jim O'Neill made a motion to approve the minutes of the 11/20/00 Airport Commission meeting. This motion was seconded by John Markham. AYES: All. NAYS: None. 02. NOVEMBER 2000 AIRPORT STATISTICS REVIEW A. Revenue passenger enplanements: 1) American Eagle was up 26.84% for the fncst eleven months of 2000 compared to the first eleven months of 1999. (2) Northwest Airlink was down 23.93% for the first eleven months of 2000 compared to the first eleven months of 1999. (3) United Express was up 9.6% for the first eleven months of 2000 compared to the first eleven months of 1999. (4) Overall Airport totals were up 2.96% for the first eleven months of 2000 compared to first eleven months of 1999. B. Aircraft Operations: Aircraft operations (takeoffs and landings) were down 2.16% for the first eleven months of 2000 compared to the fkst eleven months of 1999. F:ISHAREDIOLDSERVEIWP51[DATAIPEGIDEC28MIN. DOC Page 1 Printed: Friday, January 26, 2001 at 4:06 pm Airport Commission Minutes December 28, 2000 Meeting Page 2 C. Aviation Fuel Gallons Pumped: (1) 100LL AVGAS gallons pumped were down 25.99% for the first eleven months of 2000 compared to the fzrst eleven months of 1999. (2) JET A Fuel gallons pumped were up 23.03 % for the first eleven months of 2000 compared to the fkst eleven months of 1999. (3) Overall fuel gallons pumped were up 9.54 % for the first eleven months of 2000 compared to the first eleven months of 1999. John Markham made a motion to remind Chartaire they are in violation of their lease by not reporting thek statistics to the Airport by the 15th of each month, And to ask that they respectfully comply with the terms of the lease. This motion was seconded by Jim O'Neill. AYES: All. NAYS: None. The Airport Marager is to advise Chuck Clayton of the discussion. The Commission discussed briefly the lawsuit that was filed regarding the aircraft accident in which a University of Dubuque student was killed. The City was not named in the lawsuit, but David Flying Service was named, along with the University of Dubuque, and the owner of the aircraft. Also discussed was Tailwinds Restaurant and what subsidy the An'port is providing to keep the restaurant open. 03. NOVEMBER 2000 AIRPORT FINANCIAL REPORT AND ACCOUNTS RECEIVABLE AGING REPORT November Expenses should be at 41.66% of the annual budget, but actual airport operating expenses are at 45.42%. At this point, we are $75,016. I 1 OVER in expenses. Revenues should be at 41.66% of the annual budget, but actual airport operating revenues are at 56.25%. At this point, we are $223,696.73 OVER in revenues. F. qSHAREDIOLDSERVEIWP51~DATAIPEGIDEC28MIN. DOC Page 2 Printed: Friday, January 26, 2001 at 4:06pm Airport Commission Minutes December 28, 2000 Meeting Page 3 Fiscal C. Being $75,016.11 OVER in expenses and $223,696.73 OVER in revenues brings us 148,680.62 AHEAD of operating budget projections for Year 2000. 04. NOVEMBER 2000 FIXED BASE OPERATION FINANCIAL REPORTS Doug Brotherton asked Gordy Vetsch asked if he had any idea why the FBO was showing a decline in fuel sales the past few months. Gordy told the Commission he had no reason, our fuel prices are in line with the surrounding area. The Commission also received a report on the number of aircraft transient that requested hangaring and if they were able to be accommodated. 05. OCTOBER AND NOVEMBER 2000 AIRPORT OPERATIONS AND 06. 07. MAINTENANCE REPORTS The Commission discussed the Operations incident report for October and November. The Commission told Bob it was interesting reading. Jim O'Neill made a motion to formally thank all the snow removal staff for the excellent job they had been doing. This motion was seconded by John Markham. AYES: All. NAYS: None. CONSTRUCTION UPDATE: RUNWAY 18/36 EXTENSION PROJECT (PHASE THREE) Bob Boleyn told the Commission the project had been suspended for the winter. CONSTRUCTION UPDATE: RUNWAY 18/36 EXTENSION PROJECT (PHASE FOUR) Bob Boleyn told the Commission the project had been suspended for the winter. F:~SHAREDIOLDSERVE1WP51[DATAIPEGIDEC28MIN. DOC Page 3 Printed: Friday, January 26, 2001 at 4:06pm Airport Commission Minutes December 28, 2000 Meeting Page 4 08. CONSTRUCTION UPDATE: EXTERIOR TERMINAL RENOVATION (PHASE ONE) The bulk of the work has been completed. IDOT has signed the 2001 Commercial Air Service Vertical Infrastructure Program on December 5, 2000 and Bob discussed what work had been programmed for that grant. 09. CONSTRUCTION UPDATE: AIRCRAFT T-HANGARS PROJECT) Bob Boleyn reviewed the two change orders to-date on the project. They are a deduct because of favorable soil conditions during excavation, offset by the proposed change order for a concrete versus an asphalt ramp in the new hangar area. The final prices are being figured by the engineering firm. The new hangars have been delivered and stored until weather permits their construction. 10. WILDLIFE HAZARD ISSUES A USDA Wildlife Management staff person was at the Airport to do actual sightings. There was some increase of deer sightings during the shotgun season, but deer movement has been curtailed recently by the heavy snow. The Airport has one more month of the year long study and then the USDA Wildlife staff will do a report. The airport is continuing to maintain records of all wildlife sightings on a daily basis. 11. AIR SERVICE TASK FORCE REPORT Ken Kraemer reported on his meeting with American and American Eagle Airlines in Dallas. Due to the weather, Ken and Linda Lucy from Senator Harkin's office were the only people from Dubuque who attended. Discussions centered on potential advertising, promotion or alliance that would increase awareness of American Eagle's regional jet service. 12. AIRPORT MANAGER'S UPDATE A. The Commission discussed the termination process of Bill Kramer. F.qSHAREDIOLDSERVEIWP5ICDATAIPEGIDEC28MIN. DOC Page 4 Printed: Friday, January 26, 2001 at 4:06 pm Airport Commission Minutes December 28, 2000 Meeting Page 5 J. K. L. Central Alternative Highs School has requested up to 1,000 gallons of free fuel for a war-bird event for next year. The Commission determined they could not afford to provide any free fuel, but would consider discounting fuel as they have in the past. Bill Blum represented the Airport December 21, 2000, for the civil i~fraction against Starlight Taxi for unauthorized pick-ups at the airport. Starlight had previously refused to pay the $45 monthly fee. The City won, and Starlight received a frae and court costs. Ken is working on Commission and staff coverage for errors and omissions with ICAP. Ken Kraemer discussed his conversation with John Conrad where he persuaded him to be interested in a new ILS versus a relocated ILS. The Commission determined they would not pursue this because obviously the FAA will not appreciate congressional interference in this area, and the ILS project is akeady underway. Doug Brotherton, Jim O'Neill and Ken attended a FY 2002 budget meeting with City staff/ The budget hearing for the Airport will be on February 15, Ken is trying to get the 6:15 time slot with the dinner at 5:45. The Airport will host an orientation tour for the new police chief, Assistant Finance Director and the Neighborhood Development Specialist. Ken will be on vacation from January 18 through January 23, 2001. The January Airport Commission meeting was set for January 29, 2001. The Airport Commission goal setting is set for January 3 and January 8, 2001. The nmway broom experienced a major breakdown and will require about $15,000 and about ten weeks for repair. This will leave the Airport without a broom for most of the winter. F.'tSHARED[OLDSERVEIWP51~DATAIPEGlDEC28MIN. DOC Page 5 Printed: Friday, January 26, 2001 at 4:06pm Airport Commission Minutes December 28, 2000 Meeting Page 6 13.__~.CORRESPONDENCE The Commission discussed that parking lot usage is down. Jolm Markham made a motion to adjourn the meeting. This motion was seconded by Jim O'Neill. AYES: All. NAYS: None. Meeting adjourned at 5:30 p.m. F:lSHAREDIOLDSERVEIWP51[DATAIPEGtDEC28MIN. DOC Page 6 Printed.. Friday, January 26, 2001 at 4:06pm DUBUQUE REGIONAL AIRPORT COMMISSION MEETING Wednesday, January 03, 2001 5:00 p.m. Dubuque Regional Airport Dubuque Air Service Conference Room PRF_SENT: ABSENT: STAFF: MEDIA: GUESTS: 01. Doug Brotherton, Teri Goodmann, John Markham, and Jim O'Neill Rick Goodin Ken Kraemer None Sid Scott AIRPORT GOAL SETTING (One of Three) The Commission met to discuss and develop goals for the Airport. F. qSHAREDIOLDSERVEIWP51[DATAIPEGlOJ-O3-OO. DOC Page Printed: Friday, January 26, 2001 at 2.'06 pm DUBUQUE REGIONAL AIRPORT COMMISSION MEETING Tuesday, January 08, 2001 5:00 p.m. Dubuque Regional Airport Dubuque Air Service Conference Room PRESENT: ABSENT: STAFF: MEDIA: GUESTS: 01. Doug Brotherton, Teri Ooodmann, John Markham, and Jim O'Neill Rick Goodin Ken Kraemer None Sid Scott AIRPORT GOAL SETTING (Two of Three) The Commission met to discuss and develop goals for the Airport. F..ISHAREDIOLDSERVE[WP5][DATAIPEGIOI-O8-O1.DOC Page 1 Printed: Friday, January 26, 2~OJo~gtorTd~t8~pu~ 000'0695 30 Ol~ oq~ o~ 000'09~$ wo~ MINUTES OF CABLE COMMUNITY TELEPROGRAMMING COMMISSION MEETING JANUARY 9, 2001 AT & T BROADBAND COMMUNITY ACCESS STUDIO FACILITIES, 3033 ASBURY ROAD MEMBERS PRESENT: Sr. Carol Hoverman, Paul Kohl, Jennifer Tigges, David Wanamaker MEMBERS ABSENT: Anthony Allen, two seats remain vacant on the Commission OTHERS PRESENT: Jim Barefoot, AT & T Broadband Merrill Crawford, Cable Franchise Administrator Sr. Hoverman called the meeting to order at 5:48 P.M. 1. Acceptance of the Agenda. It was moved by Ms. Tigges, seconded by Mr. Wanamaker, that the agenda be accepted with the addition of a tour and discussion of AT & T Community Access facilities and equipment, immediately following "Public Comment." Motion passed unanimously. 2. Approval of the Minutes of the December 5, 2000 Meeting. Upon a motion by Ms. Tigges, seconded by Mr. Kohl, the Minutes of the December 5, 2000 Commission meeting were approved as distributed. 3. Public Comment. There was no one present to address the Commission. 3a. Tour of Facilities. Mr. Barefoot led the Commissioners on a tour of the AT & T Broadband Community Access Programming facilities, including the edit bays, audio and video studios and control rooms, and the van, as well as old equipment which is not currently in use. A quorum was lost at 6:30 P.M., with the consensus that the February Commission meeting will also be held at the AT & T facility. MC/cj CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, Thursday, January 11, 2001 Council met in Special Session at 4:00 P.M. in the Board of Supervisors Chambers in the Dubuque County Courthouse. Present: Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Mayor Duggan at Roll Call. Mayor Duggan entered the Chambers at 4:05 P.M. Also Present: County Board of Supervisors: Jim Waller, Alan Mantemach and Donna Smith and City Historic Preservation Commissioners: Terry Mozena, Ken Kringle, Jim Gibbs. Mayor Pro-Tem Markham read the call and stated this is the special session of the City Council called for the purpose of discussing with the County Board of Supervisors the proposed Law Enforcement Center Jail Expansion Project and acting upon such other business which may properly come before the Council. Communication of City Manager recommending acceptance of the donation of the 3 1/2 acres of land from Harbor Community Investment and Peninsula Gaming to the America's River Project, upon motion received and filed. Michalski moved adoption of Resolution No. 9-01 Intent to Accept Transfer of Certain Real Estate in Dubuque County, Iowa from Harbor Community Investment, L.C. Seconded by Robbins. Motion carried 7-0. Discussion ensued regarding the proposed Law Enforcement Center Jail Expansion Project and specifically the Buettel Building demolition. Supervisor Jim Waller explained the proposed expansion stressing the most efficient design, utilizing the least amount of workforce. Terry Mozena, as Chair of the Historic Preservation Commission, spoke stating that the proposed demolition of the Buettel Building north of the DLEC was not given enough public notification. The County Supervisors and others stressed that several meetings were held showing the proposed plans. Former Police Chief Robert O'Brien spoke objecting to the high cost and objected to a juvenile courtroom in the proposed facility. Deputy Ken Runde and Sheriff Leo Kennedy stressed the necessity of a juvenile holding facility and courtroom. The question of whether Eighth Street, from Iowa to Central, would remain closed or opened was debated. There being no further business, upon motion meeting adjourned at 5:15 P.M. Karen M. Chesterman Deputy City Clerk !t 1/17 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, January 15, 2001 At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library. At 5:36 P.M. Council convened for the Special Session in the Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry LindahL Mayor Duggan read the call and stated this is a special session of the City Council called for review of the Town Clock Plaza Design and acting upon such other business which may properly come before the City Council. Discussion ensued amongst the Council Members about what they would like to have included in the proposed designs for the Town Clock Plaza, that area of Main Street between Fifth and Ninth Streets, if it were opened to traffic. Design proposals from Durrant Group, Inc. are scheduled to be presented to the Council within the next two months. Upon consensus the Special Session adjourned at 5:55 P.M. Is/Jeanne F. Schneider City Clerk CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, January 15, 2001 Council Met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen. Mayor Duggan read the call and stated mis is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Sean Hirschy, Youth Minister of Word of Life Church. CONSENT ITEMS Minutes Submitted: Cable Community Teleprogramming Commission of 12/5; City Council Proceedings of 1/2; Histodc Preservation Commission of 12/21; Library Board of 11/16; Park and Recreation Commission of 12/12; Zoning Board of Adjustment of 12/21, upon motion received and filed. Proof of publication for Council Proceedings of 12/18; Lists of Claims and Summary of Revenues for Month Ending November 30, 2000, upon motion received and filed. Pdnted Council Proceedings for the Month of November, 2000, upon motion approved as printed. Notice of Claims/Suits: David and Monica Ackley in undetermined amount for vehicle damage; Vicki Beohen in estimated amount of $2,654.14 for property damage; Don Emzen 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, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: CDI Excavating Incorporated for property damage; Dubuque Rescue Mission for property damage; Ellen's Floral Gallery for toss of business; Matl~ew D. Germain for vehicle damage; Qwest for property damage; Silver Dollar Cantina for loss of business; and Ellen Zelinskas for vehicle damage, upon motion received and filed and concurred. 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, upon motion received and filed and authorized Finance Director to issue proper checks. Citizen Communication: Communication from Tara Winger, upon motion received and filed. 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, upon motion received and filed and concurred with recommendation. 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, upon motion received and filed. Buol moved adoption of Resolution No. 10-01 Authorizing the Mayor to execute an application to participate in the Section 8 Housing Voucher Program. Seconded by Robbins. Motion carded 7-0. 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. Buol moved adoption of Resolution No. 11- 01 Accepting improvements in Sunnyslope Estates - Phase 4. Seconded by Robbins. Motion carried 7-0. Historic Resource Development Program Grant Application: City Manager recommending approval of the submission of an application for Histodc Resource Development Program funding to conduct an architecturat/histodc survey, upon motion received and filed. Buol moved adoption of Resolution No. 12-01 Approving the submission of an application for Historic Resource Development Program funding to conduct an architectural/historic survey. Seconded by Robbins. Motion carried 7-0. Southwest Arterial Environmental Assessment: City Manager recommending approval of an amendment to an agreement with IDOT regarding the Southwest Arterial Environmental Assessment, upon motion received and filed. Buol moved adoption of Resolution No. 13-01 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. Seconded by Robbins. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 14-01 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. Seconded by Robbins. Motion carded 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 15-01 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 Iowe Inn Rehabilitation Project. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2000 Comprehensive/Lqnual Financial Report: City Manager submitting the Fiscal Year 2000 Comprehensive Annual Financial Report and Audit Reports, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed and approved support. Community Development Advisory Commission: Acting Community and Economic Development Director Para Myhre advising of vacancies on the Community Development Advisory Commission, upon motion received and filed. Business License Refund: A & B Tap requesting a refund of their Cigarette License in the amount of $50.00, upon motion received and filed and approved request. Business Licenses: Buol moved adoption of Resolution No. 16-01 Granting issuance of a Class C Beer Permit to Iowa Potato & Produce House, Liquor Depot of Dubuque, and Hy-Vee #2 and Resolution No. 17-01 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. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Commission: Environmental Stewardship Advisory Commission (2 Unexpired 3 Year Terms). Applicant: Leslee Spraggins. Leslee Spraggins spoke requesting appointment. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, spoke giving a verbal progress report. 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. Upon motion Markham reappointed to a term ex~)iring January 15, 2002. Municipal Parking Lot #2: City Manager recommending that Municipal Parking Lot #2, located at 9~ and Bluff Streets, be changed from meters only to meters and reserved parking, upon motion received and filed. Ordinance No. 1-01 Amending the City of Dubuque Code o~ 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, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted 4 on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Ordinance No. 2-01 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, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson, Motion carried 7-0. 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, upon motion received and filed. Ordinance No. 3-01 Amending Chapter 15, Community Development of the City of Dubuque Code of Ordinances by adopting a new Article 6, allowing an exemption from properly taxation for speculative shell buildings constructed by community development organizations, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to me meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Ordinance No. 4-01 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed and concurred with recommendation. Fiscal Year 2002 Budget Transmittal: City Manager submitting the Fiscal Year 2002 Budget, upon motion received and filed. City Manager Michael Van Milligen gave a comprehensive report of the proposed FY 2002 Budget. 5 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 headng for February 19, 2001, upon motion received and filed. Buol moved adoption of Resolution No. 18-01 Preliminary approval of plans and specs for project in estimated amount of $518,000; Resolution No. 19-O1 Fixing date of headng on plans and specs for February 19, 2001 at 6:30 P.M. in the Public Library Auditorium and directing the City Clerkto publish notice in the manner prescribed by law;, Resolution No. 20-01 Ordering bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0. There being no further business, upon motion meeting adjourned at 7:40 P.M. /s Jeanne F. Schneider City Clerk It 1/24 CIVIL SERVICE COMMISSION Date: Wednesday, December 27, 2000 Time: 11:00 a.m. Place of Meeting: Conference Room A - City Hall Commissioner Merle Duehr called the meeting to order at 11:00 a.m. in Conference Room A of City Hall. Present: Commissioner Merle Duehr and Commissioner Dick Wertzberger Absent: Chairperson Loras Kluesner Also Present: Randy Peck, Dan Brown Approve Minutes of December 7, 2000 Wertzberger moved to approve the minutes of December 7, 2000. Seconded by Duehr, unanimously approved. Establish Passing Point for the Position of Truck Driver Wertzberger moved that the passing point for the position of Truck Driver be established at 68 and that the list be certified as read. Seconded by Duehr, unanimously approved. Request for Promotional Examination for the Position of Medical Officer Fire Chief Dan Brown stated that the Firefighters' Association had requested eight weeks study time prior to the examination and that it would be his intention to once again use McCann Associates for the test material. Wertzberger moved that the examination for Medical Officer be conducted at 6:30 p.m., March 21; that the deadline for applications be 5:00 on February 28, 2001 in the Fire Chief's Office; and that applicants must have completed one year of employment with the Fire Department by March 21, 2001. Seconded by Duehr, unanimously approved. ,. Request for Promotional Examination for the Position of Water Distribution Foreman Wertzberger moved that promotional examination for the position of Water Distribution Foreman be conducted on Tuesday, February 13, 2001 at 6:30 p.m. at a located to be determined and that the application deadline be established at 5:00 p.m. on February 2, 2001. Seconded by Duehr, unanimously approved. There being no further business, Wertzberger moved to adjourn. Seconded by Duehr; unanimously approved. Adjourned at~~,~ ~'~/~/C~ ~,~hairpers~/' ~- ~~' ~'~/~/~- Civil Service Commission Approved at meeting of ~/~'~/' MINUTES OF THE ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION JANUARY 9, 200'1 4:00 P.M. CITY HALL ANNEX, 1300 MAIN, CONFERENCE ROOM # '1 Michael Buelow called the meeting to order at 4:05 p.m. MEMBERS PRESENT: Mike Buelow, John Bennett, Briana Tully, Dave Czarnecki MEMBERS ABSENT: William Niemann. Two seats remain vacant on the Commission. STAFF PRESENT: Mary Rose Corrigan, Don Vogt, Paul Schultz Michael Buelow completed the Certification of Compliance with the Iowa Open Meetings Law. APPROVAL OF MINUTES: John Bennett moved to approve the Minutes of the December 5, 2000 ESAC meeting. Dave Czarnecki seconded the motion. There were no changes or additions and the Minutes were approved as distributed. TEST AGENDA: John Bennett requested that information regarding erosion control be added to agenda. With this addition, John Bennett moved to accept the agenda. Dave Czarnecki seconded the motion. Motion passed unanimously. ITEMS FROM COMMISSION: OLD BUSINESS: '1. Radon. Mike Buelow reported that he, Bill Niemann and Mary Rose Corrigan attended the Building Code Board of Appeals meeting in December 2000. He stated that there was no feelings of negativity, other than wanting additional information. Mike reported that he spoke to Joe Haggerty in Muscatine, Iowa. The Muscatine City Council wants to adopt the International 2000 Building Code. Mike will obtain a copy and take to the March 2001 Building Code Board of Appeals meeting. Mike stated that Mr. Haggerty stated there would be a possibility for our staff to train with the Muscatine personnel. Also, Muscatine has applied for grant monies to provide training to others. The International Building Code considers counties and states. Dave Czarnecki asked if FHA or VA has any requirements for radon testing for loans. Mike stated that there are more radon tests being conducted and he feels that lending institutions are requiring radon testing more. Mary Rose Corrigan informed the Commissioners that the Health Services Department has radon test kits for sale for $5.00. 2. Bottle Bill Resolution. Paul Schultz drafted a resolution for the Commission to submit to the City Council. He stated that the issue is going before the Environmental Protection Commission on June 16, 2001. Paul and John Bennett received an e-mail opposing the Bill from someone from Georgia. Paul stated that some businesses are supporting the effort. Handlers dislike it, but the extra one cent would help gain support from them. A brief discussion on the pros and cons took place. John Bennett moved to accept the draft resolution to be submitted to City Council, along with staff recommendation. Dave Czarnecki seconded the motion. Motion passed unanimously. Mary Rose asked Paul Schultz about the timeframe. He stated that the sooner the better. They will try to submit to City Council at one of the February meetings. NEW BUSINESS: Your Community Report. John Bennett stated that the Environmental Defense Fund puts together a report from EPA data. This report is available on the Internet. He stated that in looking over the report for Dubuque, outdoor air quality was an interesting topic. He felt that the "air quality" relates to the lung cancer issue the Commission has been researching. John went over some of the points in the report. He recommended that the other Commissioners check this website. There was a brief discussion about the superfund sites in Dubuque. Don Vogt gave some information on the sites and the ongoing testing. John stated that he was not sure how often the website was updated because the data comes from voluntary data submission. A brief discussion followed on various aspects of air quality points. 2. Erosion Control. John Bennett brought a copy of the Holly Springs, North Carolina ordinance and the steps that community is taking to try to eliminate sedimentation and erosion in their town. The Ordinance outlines that the movers of dirt need erosion plan, the steps the City must take, penalties, design and protection. A copy of this Ordinance will be forwarded with to Commissioners and staff with these Minutes. John felt this might give the Commission a place to start looking at Dubuque's erosion control. A discussion followed. On another topic, Dave Czarnecki askec if there was ever tests conducted for chloride levels from the salt on streets. Don Vogt said sand may have to be used this winter. He stated that sand is not a deicer, it's an abrasive. The hills in Dubuque need deicing or there is the potential for more vehicle accidents. Sand also needs to be cleaned up at some point. Historically, the use of only sand had led to lawsuits for cities, and the cities have lost some of these lawsuits. Colorado cities have been ordered by the courts to stop using sand. A brief discussion took place on this issue. ITEMS FROM STAFF: OLD BUSINESS: 1. Deer Management Program. Mary Rose informed the Commission that 116 deer had been harvested to date. The count survey and aerial survey still need to be done. She will report to Commission when she has more information. NEW BUSINESS: Mary Rose reported that the City Clerk's Office has received an application for one of the Commission openings. Paul Schultz asked if the Commission should recruit more business participation, i.e., Chamber. Mary Rose and Paul passed out America's River information. ITEMS FROM THE PUBLIC: There was no one present to address the Commission. CLARIFICATION OF TASKS: Mike Buelow will forward copies of the International 2000 Building Code. Mary Rose and Paul will submit the resolution and staff recommendation to the City Council (she will notify Commissioners which February meeting it will be on.) NEXT MEETING DATE: February 6, 2001. FUTURE AGENDA ITEMS: There were no additional topics suggested. ADJOURNMENT: Dave Czarnecki moved to adjourn the meeting. John Bennett seconded the motion. Meeting was adjourned at 5:17 P.M. Five Flags Commission Meeting December 18, 2000 PRESENT: Rod Bakke, Mike Brannon, Cynthia Fuller ABSENT: Ga~ Dolphin, Steve Sesterhenn STAFF PRESENT: Jamie Blum, Jodi Lukens, Gil Spence The Five Flags Commission meeting convened at 4:38 p.m. in the Manager's office at Five Flags Center. Chairperson Mike Brannon presided. Minutes of November 20, 2000 meeting were approved. There were no additions or deletions to the agenda. Gil Spence explained to the Commission members that he and Jamie Blum had a meeting with High School Hockey representatives, Mark Stueck, Jim Roth and Cindy Fuller. The meeting went very well and Gil was pleased with the outcome. Gil stated that he wrote a letter to the City Manager explaining the results of the meeting. Gil also stated that the key issues had been resolved and things seemed to be running smoothly now. Gil also wrote a letter to Mark Stueck stating what he had written to the City Manager regarding the results of their meeting and if Mark wanted any additional meetings to contact Gil. Gil has not received a response from Mark Stueck. Cindy Fuller stated that the new concession items, popcorn and nachos with cheese, seemed to be a big hit last weekend during the high school games. The restroom project started today. We will be replacing all the lavatories in the locker rooms, Gate A & C restrooms and upper promenade restrooms. They are starting with the Saints locker rooms, Gate A restrooms and second floor promenade restrooms, then moving to Gate C restrooms and locker rooms 1 & 4. Klauer Construction and Jaeger Plumbing is doing the work and expect to be finished by January 3, 2001. During information sharing, Acting Manager Jamie Blum reported that she has been getting nice comments on the new permanent seating. The new stage and barricade was used during the Wallflowers concert. Security and the show promoter had many nice comments. Greyhound Park & Casino and the Dubuque Regional Airport has already renewed their scoreboard ad for next year. Follow-up calls will be made to the other businesses. Jamie Blum and Gil Spencs have been meeting with the New Year's Eve Ball committee. Things seem to be going well with the preparation with that event. January will be another busy month with 7 Saints games, The Harlem Globetrotters, Iowa Special Olympics and Illinois Special Olympics. Cindy Fuller added to information sharing that High School Hockey will be hosting a JV Tournament the first weekend in March here at the Five Flags Center. This tournament will have 8 regular teams plus 2 all-star teams. This event should bring approximately 600-1000 people into the Center. Concessions should have a big revenue weekend with this event. Jamie and Cindy have met and have already started planning some details with adding extra staff and opening up the Gate E concession stand. Five Flags Commission Meeting December 18, 2000 Page Two Jamie stated to the Commission members that a letter was sent by Gary Dolphin explaining that due to conflicts he would not be able to attend January and February's commission meetings, The Commissioners stated that they would be willing to set a different time if it was more convenient for Gary. Between the members they decided to try 9:00 a.m. on the third Monday of those two months. Gary Dolphin and Steve Sesterhenn will be contacted to see if this new time will be convenient with their schedules. Gil Spence stated that there has been no new news on acquiring a Center Manager. They still have not been given the approval from the City Manager. Theater renovation bids will hopefully be out soon for repairs scheduled to be started this summer. Rod Bakke suggested that on February's agenda, an item for discussion should be marketing of the Center. Rod thought it would be helpful information to know what types of marketing we use to promote the building. Acting Manager Blum made note of the request and said she would make sure it was part of February's agenda. There being no further business, the meeting adjourned at 4:58 p.m. Respectfully submitted, Mike Brannon Chairperson Housing Services Department Assisted Housing Program t805 Central Avenue Dubuque, Iowa 52001-3656 (319) 589423O MINUTES OF A MEETING OF THE HOUSING COMMISSION TRUST FUND COMMITTEE DATE: TIME: PLACE: 18 January 2001 7:30 A.M. Housing Services Department Office 1805 Central Avenue, Dubuque, Iowa Chairperson Jhn HoLz called the meeting to order at 7:31 a.m. following staff assurance of compliance with Iowa Open Meeting Laws. Housing Trust Fund Committee Members Attending: Jim Holz Bea Bisenius-Soens John Walsh Harry Neustadt Doris Hingtgen City_ Staff Attending: David Harris Joleen Patterson Donna Schmitt Public Present Michelle Brown Jane Steele Tom Goric Elizabeth O'Cormell Katie O'Leary REVIEW AND CERTIFICATION OF MINUTES John Walsh moved to approve the 2 November, 2000, Housing Trust Fund Committee minutes. Bea Bisenius-Soens seconded. All present in favor; motion passed. Old Business: Tom Goric and Jane Steele, representing Gateways to Home, were present to request and justify their need for rent increases for their rental units at 1501-03 Bluff Street. After a lengthy discussion John Walsh made a motion to raise rents 15% and to allow yearly rent increases according to HUD guidelines. Seconded by Harry Neustadt. All present voted in favor Jim Holz brlefly updated the commission on the Affordable Housing Task force and how it has been split into four Sub Task Forces: Development Task Force, Home Construction Task Force, Housing Market Task Force and Downtown Living Task Fome. The next meeting is scheduled for September. David announced the Local Housing Assistance Program application has been approved by IDED. This will subsidize construction of five affordable condominium homes on West Eight Street. Michelle Brown represented Mafia House in requesting additional funds to correct heating problems in the building and for exterior lighting, in the mount of $9725. It was determined that Maria House Service People Integrity Responsibility Innovation Teamwork has received approximately $266 000 in City financial assistance to date. John Walsh moved and l~tarry Neustadt seconded to deny the request. All present voted in favor. David will contact the CED Department to inquire regarding availability of additional CDBG funds for this project, from the current fiscal year contingency balance. David handed out the proposed FY02 CIP budget. John Walsh commented that the Trust Fund was not recommended for funding next year. David stated it would be funded in FY03. New Business John Walsh moved to reappoint Trm Holz as the chair person; seconded by Harry Neustadt. present voted in favor. All Information Sharing David distributed copies of the 2000 River Town Rems Rental Survey. He commented that both rents and occupancy rates have improved since last year. Adjournment There being no further business to come before the meeting, John Walsh made a motion to adjourn with a second by Harry Neustadt. All present in favor; motion passed. The meeting was adjourned at 8:50 a.m. Minutes taken by, Donna Schmitt Secretary Respectfully submitted, David Harris Department Manager DH/ds DUBUQUE HUMAN RIGHTS COMMISSION Minutes of November 13, 2000 Kathy Blau called the meeting of the Dubuque Human Rights Commission to order 4:15 p.m. on Monday, November 13, 2000 in the Carnegie-Stout Public Library Auditord~um. ROLL CALL: Present: Evelyn Jackson Kathy Blau, Vice-Chair Raydora Drummer Judy Giesen Ruby Sutton Marry O'Shea Charles Ryan Kathy Stevens Absent: Thom Determan, Chair Staff: Kelly Larson William G. Blum Carol Spinoso APPROVAL OF MINUTES: Kathy Stevens moved to adopt the minutes of the October 9, 2000 Commission meeting, Evelyn seconded. Kathy asked for any additions or corrections to the minutes. Hearing none, the minutes were unanimously approved. CASELOAD REPORT: Carol summarized the October Caseload Report. There were 50 intakes, 0 new cases filed, 3 cases in mediation/conciliation, 1 case in administrative review, 1 case in the public heating process, 1 case in administrative 1aw judge review, one case closed, four cases in investigation, and four cases in backlog. The case synopsis involved disability discrimination in the area of employment. cHAIRPERSON'S REPORT: In Thorn's absence, Kathy Blau reported that Thom had accompanied Ruby to Des Moines, as Ruby was awarded one of the Friends of Iowa Civil Rights Awards in the individual category. As part of Faces & Voices, three Shining Moment Awards were presented at the opening "Jazzin' It Up." The winners were Joe Featherston, of Catholic Charities, St. Mark's Community Center, and the students of Central Alternative High School. On October 23rd, Thom, Judy and Kelly attended a diversity forum sponsored by the Iowa Committee on Diversity. There will be more discussion on this forum later in the Director's report. Kathy stated that Thom had received and has responded to a request from the Governor's office to provide information on any diversity activities in the schools. DIRECTOR'S REPORT: Kelly reminded Evelyn, Raydora, and Judy that they are up for reappointment. The deadline for applying is November 28. Candidates will address the City Council on December 4th, with appointments being made at the December 18th City Council meeting. Kelly reported that Faces & Voices is going well. Approximately 900 people attended the opening event, "Jazzin' It Up," at Five Flags on November 3. There are many events throughout the week, ending with the NAACP Banquet on Saturday night. Michael Seng, from the John Marshall Law School Fair Housing Center, came to Dubuque to present training to service providers in the community on fair housing issues. Additional training will be planned for the spring. The training is being funded through the Department's HUD contract. The John Marshall Law School will also perform the update to the Analysis of Impediments to Fair Housing. Kelly hoped that the contract would be a~varded within the next month. Kelly and Bill traveled to Iowa City to interview candidates for the summer intern positions. Offers have been made, but the applicants have until December 1 to respond. Kelly, Thom, and Judy traveled to Cedar Rapids to attend the Diversity Conference sponsored by the Governor's Office. The Cedar Rapids community has partnered between businesses, community organizations, and professional organizations to create the Professional and Technical Diversity Network. The idea is to recruit and retain individuals from diverse backgrounds into technical and professional positions. Kelly and Bill presented sexual harassment training to the University of Dubuque Theological Seminary's Sexual Harassment Response Team. Kelly advised Commissioners that the Long Range Planning Committee (LRPC) will me meeting on November 15 to discuss the final wording of the Community Indicators for the Diversity Element of the Comprehensive Plan. The LRPC was concerned about how to collect data for the indicators that the Commission has proposed. The data could be collected through a survey but the difficulty is that the Planning Department does not have any funds budgeted to for surveys. Kelly stated that some of the data could be collected through the census. Kelly asked Commissioners if they wanted to amend the wording of the proposed indicators previously discussed and approved during the October meeting, or keep the current indicators and indicate to the Long Range Planning Commission that the Commission's preference is to go with a survey to acquire the data. Marry stated that a survey would be needed to identify the ethnicity of the community. Kathy Stevens felt a survey was a good idea not to just track diversity, but it would be helpful to have a composite for businesses. Kathy Blau was concerned about addressing diversity fully without the needed data. Kelly will forward a memo to the Long Range Planning Commission noting the Commission's concerns. 2 HUD sponsored director/commissioner l~aining is scheduled for November 29 through December 1. Kelly and Evelyn will be attending that training in Kansas City. PROPOSED ORDINANCE AMENDMENT Kathy Blan presented a proposed ordinance amendment to section 27-27(4) Power and Duties. This amendment reads: "Fo issue such publication and reports of investigation and research as in the judgment of the Commission shall tend to promote good will among the various groups under this Chapter which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship, on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability, or marital status. " Kathy proposed, to delete "good will among the various protected groups," to add "civil and respectful behavior" and delete "minimize or." Judy proposed deleting "tend to" and also %rider this Chapter." Section 2%27(4) will be amended to re~d: To issue such publication and reports of investigation and research as in the judgment of the Commission shall tznd to. promote gcad ;;'ill c. ma::g thc ¥c. rlcuc ~r~tcctcd grauF~ civil and respectful behavior un-cr ~,:i.: o,:c.F.cr which shall tend to r,:inlmizc ar eliminate discrimination in public accommodations, employment, apprenticeship, on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability. or marital status. Marly moved to approve the proposed ordinance amendment, and to forward it on to the City Council for their approval. Ruby seconded. No further discussion. All in favor. COMMITTEE REPORTS: Education of the Commission Judy stated that she had met with Chuck, Ruby, Raydora, and Kathy Stevens to brainstorm about educating the Commission about protected classes, The committee is proposing various activities with the Hispanic and Marshallese communities, and also the Jewish faith community. Kathy Stevens will work on putting an ethnic calendar together to be published in the TH at the beginning of the year. The group discussed several other possibilities regarding protected classes, but no other projects are being pursued. The group welcomed any Commissioners suggestions or ideas for activities. Evelyn suggested including the Chinese population. Education of the Community Evelyn stated that she and Marry are preparing a presentation on subtle discrimination and white privilege. They are planning on presenting this workshop some time in February. Regarding the Shining Moment Award, Kathy Stevens recommended that the award be presented at its own forum so that it has a stronger focus. MENTAL DISABILITY ISSUES PRESENTATION: Pat Lockhart, President of the National Alliance for Mental Illness in Dubuque, gave a presentation on thc issues surrounding mental disabilities. NEW BUSINESS No new business. Rttby moved to adjourn the meeting and Marty seconded. All in favor. The meeting adjourned at 5:33 p.m. Minutes approved as submitted: Minutes approved as corrected: 4 PRESENT: ABSENT: MINUTES DOWNTOWN PLANNING COMMITTEE Long Range Planning Advisory Commission January 8, 2001, 11:30 A.M. Conference Room #2, City Hall Annex 1300 Main Street, Dubuque, Iowa Steve Cooper, Jim Giesen, Jim Holz, Dan LoBianco, Art Roche, Dave Rusk, Laura Carstens, David Harris, Steve Horman, Lisa Sesterhenn. Pam Jochum, Ann Michalski, John Walsh, Doris Hingtgen, Ruth Nash, Mary Lynn Neumeister, Rich Russell, Bob Felderman. CALL TO ORDER: The meeting was called to order at 11:40 a.m. CERTIFICATION OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance ;vith the Iowa Open Meetings Law. MINUTES: Motion by Horman, seconded by Roche to approve the minutes of November 13, 2000 passed unanimously. ACTION ITEMS: Status Report on Initial Main Street Grant Requests LoBianco presented the following report: National Main Street (NMS) Consultation Center: The NMS has a lengS~hy review process and that the application should be sent in as soon as possible for consideration for funding of a national speaker in the amount of $2000 - $4000. Main Street Iowa (IDED): It appears that Main Street Iowa would seriously consider a proposal requesting in-kind support of a facilitator for the visioning process. Alliant Energy Foundation: This application should be submitted as soon as possible. People's Natural Gas: A proposal should be submitted once the budget is put together for the process. Federal Home Loan Bank: They are very interested in the project and would be ~villing to consider an application once the budget for the project is determined. After the report, the Committee had a discussion regarding the next steps in the grant application process. By consensus, it was determined that the RFP/grant applications should be adapted to reflect the costs that will not be covered as in-kind support and that grant applications should be sent in before the Committee's February meeting. Presentation to Community Development Advisory Commission (CDAC) Rusk reported that the CDAC supported the Downtown Visioning process although CDBG funding can not be provided. A letter of support was provided to the City Manager. Chamber Support Horman reported that the Chamber Executive Committee is amenable to receiving a proposal regarding the downtown visioning project. Horman stated that the proposal needs to include a budget specifying the components of the visioning process and other funding sources. Minutes - Downtown Planning Committee January 8, 2001 Page 2 The Committee discussed if requesting funding from private businesses was appropriate at this point. Consensus was that the Chamber's commitment is proof of private support and unless we reach the point where funding is not met through other sources, additional private donations should not be solicited. Greater Dubuque Development Corporation (GDDC) Support Rusk stated that the GDDC is very supportive of the process; however, due to budgeting constraints, funds are not currently available from the GDDC. Rusk will request a letter of support. City Budget Process Carstens reported that Planning Services has submitted a budget request fo? the downtown visioning project and that she has met with the City Manager and Budget Officer regarding funding. She stated that part of the request includes letters of support from the Chmnber, CDAC and the Long Range Planning Advisory Commiision. LoBianco stated that he would also provide a letter of support from Dubuque Main Street. Status Report on Consultant Selection Committee Carstens reported that the names for the Committee have been approved by the City Manager and that the Corranittee will meet before the next Downtown Planning Committee meeting to review the draft RFP. Other Items: LoBianco reported on the door-to-door property o~vner interviews in the Old Main District and past and ongoing planning efforts for the other 4 districts of Dubuque Main Street. Rusk and Carstens discussed opportunities to educate these groups about the downtown comprehensive plan and stimulate coordination of these planning efforts. The Committee also discussed the Owner Occupied Affordable Housing Task Force and its subcommittee on downtown housing. Consensus was that information regarding the visioning process should be given to neighborhood groups through their newsletters and that letters of support should be requested from at least those groups that are in the downtown study area. ADJOURNMENT: Motion by Holz, seconded by LoBianco to adjourn at 12:35 p.m. passed unanimously. Respectfully submitted, Lisa Sesterherm, Assistant Planner Adopted PARK AND RECREATION COMMISSION MEETING Tuesday, January 9, 2001 4:30 p.m., in the Third Floor Auditorium, Carnegie Stout Public Library PRESENT: ABSENT: KJm Daykin, Chuck Duggan, Paul Hoffmann, Karen Lyness Tom Blocklinger, Tom Schrobilgen and Mark Sullivan MINUTES APPROVED; VOTE: Staff present: Gil Spence, John Hail, Pat Prevenas, and Eileen Tdmble It was moved by Hoffmann, seconded by Lyness, to approve the minutes of the December 12, 2000, meeting. The motion passed unanimously. REQUEST BY DUBUQUE SYMPHONY ORCHESTRA TO BUY OUT E.P.P. FOR JAZZ FESTIVAL; VOTE: Representatives of the Dubuque Symphony Orchestra were present (Del Johnson - Chair of the Festival Committee, Penny Roeder, William Intriligator, Paul Hemmer, Susan Butler and Dick Gregory) to ask commissioners for approval to "buy, out" Eagle Point Park on June 9, 2001, to hold the Jack Jenney Jazz Festiva/. The Symphony would rent all the pavilions and pay the entrance fee of the average collected the last two years, in essence "buying out" the park, and then patrons would be charged $5.00 per adult to enter the park to attend the Jazz Festival. Members are hoping it can become an annual event, something similar to Davenport's. Leisure Services Manager Gil Spence said we have allowed similar buy-outs in the past, but the difference is that those organizations either waived or reduced the entrance fee. This event would charge $5.00 per adult, something similar to the Catfish Festival and Thunderfest at the Hawthorne Street Peninsula. **'* Commissioner Hoffmann asked about any potential school tennis tournaments that would need access to the tennis courts, and Manager Spence said there would not be any conflict. *:o Mr. Spence said he has talked to the City Manager who thought it was a great idea, as long as the event was well publicized so citizens would know about the $5.00 fee, and season pass holders would know their pass would not be valid on that date. **** Commissioner Daykin voiced concern about the people who enter the park everyrday to walk or run -- a lot of them are in the evening; the Symphony would encourage them to come and hopefully enjoy the music as they walked through the park, but they would need to pay the $5.00. They hope to include a walk-run in the future as part of the event, if this is approved and the event becomes an annual event. It .was moved b_by Hoffmanr~, seconded b_y Lyness, to approve the Dubuque Symphony Orchestra's request to "buy out" Eagle Point Park on June 9, 2001, to hold the Jack Jenney Jazz Festival, and charge $5.00 per adult person entedng the park. Motion passed unanimously. continued January 9, 2001 page two BUNKER HILL RENOVATION UPDATE: Manager Spence said workers are back and setting tresses, and the demolition is almost complete. Electricians are also there working. The project is moving forward. PARK DIVISION REPORT: RECREATION DIVISION REPORT: OTHER BUSINESS: ADJOURN; VOTE: Park Division Manager John Hail told commissioners *:. ice rinks were opened when students got out of school for Christmas vacation and the finks look really good; *:o six Park Division employees spent quite a bit of time over the holidays helping Operations and Maintenance with snow removal; o*** the broom being used at Town Clock Plaza has lowered the amount of calcium chloride needed; **** new patrol car is in; bids have been sent for a new aerial truck; o*** Mike Horsfall is seeding in the greenhouse. Recreation Division Manager Pat Prevenas told commissioners ***. ice rinks have been open since December 22nd and the warming houses only lost one day so far, last Fdday because of a few bad spots, but they were open again on Saturday and Sunday; 4- Eagle Point Park had 15 to 20 skiers the last three Wednesdays for cross-country skiing; -.** winter/spring brochures have gone out to the schools; *:* registrations for after school sports basketball are being accepted now; 4* department has e-mail now so let Eileen know if you want addresses; **'- fall report was distributed (may be found as part of the odginal minutes): after school sports numbers are down for volleyball and football; swim lessons are down a little but that is partly due to us trying to have a good instructor/participant ratio; golf rounds were up a little; open gym numbers are up (possibly weather related). o**- Mr. Spence told commissioners that the City Council gave approval for the City to take over operation of Bunker Hill pro shop, snack bar, carts, et cetera, so staff is moving toward starting this year. A draft of the golf pro contract has been sent to corporation counsel for review. · **. State conference brochure will be mailed to commissioners in about two weeks in case they are interested in attending; will be held in Dubuque. It was moved by Daykin, seconded by Lyness, that the meeting be adjoumed at 5:05 p.m. The motion passed unanimously. Chairperson Attest: MINUTES DUBUQUE TRANSIT TRUSTEE BOARD DATE: January 17, 2001 TIME: 4:15 P.M. PLACE: Carnegie Stout Public Library Auditorium, 11t~ & Bluff Streets, Dubuque, Iowa MEMBERS PRESENT: Bemis, Enderson, Sand, Rer~o MEMBERS ABSENT: Lightcap OTHERS PRESENT: Munson-Booth/KeyLine, Burr/ECIA APPROVAL OF MINUTES Bemis called the meeting to order at 4:15 p.m. Enderson OF NOVEMBER 9, 2000, made a motion to approve the minutes of the November 9, MEETING 2000, Transit Board meeting as circulated. Sand seconded. Motion carried. SET PUBLIC HEARING FOR CONSOLIDATED GRANT APPLICATION Mtmson asked the board to set a public heating for the FY 2002 FTA and STA Consolidated Grant Application, a yearly requirement. A motion was made by Enderson to set the hear'rog for Thursday, February 8, 2001, at 4:15 pm in the library board room. Sand seconded. Motion carried. MANAGERS REPORT Mtmson reported that the request for proposals was going to be published in the January 22nd issue o£Passenger_ Transport and that he also sent copies of the RFP to a list of vendors. Deadline for receipt of sealed proposals is February 26. Anticipated award date is March 19. We have a budget of 1.35 mill/on and the number of buses we can purchase depends upon the unit cost. We are seeking bids on medium size with a minimum 7 year useful life and heavy duty size with a minimum 10 year useful life. The Equipment Supervisor from the city garage will be on hand to help evaluate the range of proposals and equipment. Munson further reported that we are planning on bringing the para-transit service back to KeyLine in January of 2002. On a related note, Munson stated that we have been successful in receiving job access reverse commute funds MINUTES - Page 2 and are working with Project Concern and their Job Access Reverse Commute Award Coordinator to develop service within the City of Dubuque for that grant. Job Access Reverse Commute funding will be back in house with the para-transit service. Munson asked the beard for approval to contract all of these services until that time. The board so approved. BOARD COMMENTS Sand asked about the capacity of buses to be purchased. Munson stated that the capacity should be up to 30 seated with a maximum of 16 standees. Each bus would have 2 wheelchair positions, which when used would reduce the seated capacity. Renffo asked if anything could be done about other vehicles parking in the downtown loading zone on beth Main and 9t~ Streets. Munson reported that this has been an ongoing problem. When police are called, many times when they arrive, the offending vehicle is gone. Renffo asked ifa fine for park/rig in a handicapped zone could be imposed. After considerable discussion, it was determined that Manson would check the available options and report back his findings at the February meeting. PUBLIC COMMENTS None. Heating no further comments, Sand made a motion to adjourn. Renfro seconded. Motion carried. Meeting adjourned at 4:55 p.m. Respectfully submitted, Connie C. Booth Secretary These minutes passed, approved and adopted this day ofFebruary2001. Michael W. Sand, Secretary Dubuque Transit Trustee Board Regular Session, December 4, 2000 469 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 4, 2000, Caunci[ met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol (via conference phone call), 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 Reverend Kds Kincaid, Pastor, Our Redeemer Lutheran Church. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/7; Cable TV Regulatory Commission of 11/8; Civil Service Commission of 10/26; City Council Proceedings of 11/20; Five Flags Commission of 10/16; Historic Preservation Commission of 11/16; Housing Commission of 11/14; Investment Oversight Commission of I0/26; Park. and Recreation Commission of 11/14; Plumbing Board of 11/16; Transit Board of 11/9; Zoning Advisory Commission of 11/1; Zoning Beard of Adjustment of 11/14, presented and read. Buo[ moved that the minutes be received and filed. Seconded by Nicholson. Motion carried Proof of Publication for Council Proceedings of 10/24, presented and read. Buol moved that the proof be received and filed. Seconded by Nichelson. Motion carried 7-0. Notice of Claims/Suits: Key Apartments West in estimated amount of $335.61 fer property damage; PaW Schilling in estimated amount of $25.00 for property damage; Terryl Stewar~ vs City of Dubuque, presented and read. Buo[ moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising the following c[aims have been referred to Public Entity Risk Services of iowa, the agent for the Iowa Communities Assurance Pool: Grace M Brade for persona[ injury; Geri Ryan for personal injury;, Kristen L. Smith for personal injury and vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred with the recommendations. Seconded by Nicholson. Motion carried 7-0. Fair Housing Analysis Consultant Contract: City Manager recommending approval of a contract for consultant services to perform a Fair Housing Analysis of the City as required by the U.S. Department of Housing and Urban Development, presented and read. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 576-00 A RESOLUTION APPROVING THE SELECTION OF A CONSULTANT TO PREPARE A FAIR HOUSING ANALYSIS OF THE CITY OF DUBUQUE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID ANALYSIS Whereas, the City of Dubuque, Iowa is required by the U.S. Department of Housing and Urban Development to complete a Fair Housing Analysis; and Whereas, the City of Dubuque, iowa, as part of the overall Community Development Block Grant program, is interested in identifying impediments or barriers to fair housing in our community; and Whereas, a Request for Proposals solicited consultant services to prepare the Fair Housing Analysis; and Whereas, the John Marshall Law School Fair Housing Legal Support Center is recommended to complete the Fair Housing Analysis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the selection of The John Marshall Law School Fair Housing Legal Support Center as the consultant to prepare e Fair Housing Analysis of the city of Dubuque is hereby approved. 470 Regular Session, December 4, 2000 Section 2. That the City Manager is hereby authorized to execute, on behaif of the City Council of the City of Dubuque, Iowa, a contract with The John Marshall Law School Fair Housing Legal Support Canter for consultant services not to exceed $15,000.00. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. Recommendation for New Telephone System for City Buildings: City Manager recommending approval of a contract with Midland Communications, Inc., for a new City of Dubuque telephone system, presented and read. Markham moved to accept the recommendation as suggested. Seconded by MichalskL Carded bythe following vote: Yeas-Markham, MichalsPJ, Nicho[scn, Robbins, Buol, Cline. Nays-Duggan. Cindy Parker of McLeod USA spoke objecting to the contract as presented and stressed McLeod's proximity and their ability to provide similar product, etc. Cable Franchise Administrator Merdll Crawferd explained the lengthy process involved in presenting the committee's and the consultant's recommendation. AIDS Preventative Health Program Contract: City Manager recommending approval of a contract with the Iowa Department of Public Health for the local AIDS Preventative Health Program through September, 2001, presented and read. Bual moved that the communication be received and filed. Seconded by Nicholsen. Motion carded 7`0. RESOLUTION NO. 577-00 A RESOLUTION APPROVING THE AIDS PREVENTATIVE HEALTH CONTRACT BETWEEN THE IOWA DEPARTMENT OF PUBLIC HEALTH AND THE CITY OF DUBUQUE, IOWA AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM. Whereas, the Iowa Department of Public Health has offered to provide financial support for local AIDS Preventative Health and Education Programs in the City of Dubuque; and Whereas, the City of Dubuque desires to establish and maintain such local AIDS Preventative Health and Education Programs; and Whereas, the Iowa Department of Public Health has presented the City Health Services Division a proposed contract amendment for continued funding, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached AIDS Preventative Health Contract beti~veen the Iowa Department of Public Health and the City of Dubuque, Iowa. Section 2. The City Manager is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. Dubuque Racing Association Fiscal Year 2001 CIP Schedule: City Manager recommending approval of the Dubuque Racing Association's Capital Improvement Project schedule for Fiscal Year 2001, presented and read. Buol moved that the communication be received and tiled and recommendation approved. Seconded by Nicholson. Motion carried 7-0. State Historical Society of Iowa Grant: Communication from the State Historical Society of Iowa advising that the City has been approved for a Certified Local Government (CLG) Grant in the amount of $7,500 for a ~Design Review Guidelines Booklet," presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7`0. Citizen Communication - Tara Winger: Communication of Tara Winger to Governor, Congressman Jim Nussle, etc., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried County Board of Health: Reqular Session, December 4, 2000 471 Communication from Dubuque County Board of Supervisors advising that all of the positions on the Board of Health are currsntiy filled, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. November 21, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Assistant Planner was given on October 16, 2000. We hereby certify that the following individuals have passed this wr~en examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Gregory W. Beck Amanda C. Brennan Joshua C. Barbee Wally C. Wernimont Mark A. Gessner Dawn M. Kubik Respectfully submitted, /s/Loras J. Kluesner, Chairpemon /s/Merle Duehr Civil Service Commission November 21, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Mechanic was given on September 29, 2000. We hereby certify that the following individuals have passed this wr'r[ten examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Kenneth Jaeger Gregory J. Lahey Richard R. Hoffmann John M. Greenwood Roger E. Simon Charles B. Klein Paul A. Herman Duane J. Ernster Ralph R. Delaney Toby J. Ryan Peter G. Kruschke Andrew L. Makovec George E. Allinger Brad T. Herrig Gerald H. Dean Tom A. Horstman Todd M. Priest Jason R. Pfoh] Kevin M. Vaughn Kevin M. Pike David R. Ape] Timothy F. Hubanks Steve J. Baumhover Randall J. Lsstar Joseph L. Steines Jody G. Crew Steve H. Siefker Larry P. Hoppmann Eugene F. Schmitt, Jr. Respectfully submitted, /s/Loras J. Klussner, Chairperson Is~ Merle Duehr Civil Service Commission Buol moved that the above Civil Service certifications be made a matter of record. Seconded by Nicholson. Motion carded 7~0. Technology Park Maintenance - Acceptance: City Manager recommending acceptance of the Technology Park Maintenance project in the final amount of $28,607.57, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 578-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Technology Park Maintenance Project has been completed and the City Manager has examined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the C~ Treasurer be and he is hereby directed to pay to the contractor from the budgeted contingency funds for the Technology Park in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 4th day of December, 2000. Terrsnce M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 579~)0 FINAL ESTIMATE Whereas, the contract for the Technology Park Maintenance Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said 472 Regular Session, December 4, 2000 improvement is hereby determined to be $29,179.72 and the said amount shall be paid from budgeted contingency funds for the Technology Park of the City of Dubuque, iowa. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adopt[on of the Resolution. Seconded by Nicholsom Motion carded 7-0. Fire Department - Captain Position: City Manager recommending that the Captain's position in the Fire Marshal's Office be eliminated and that a Firefighter position be created and assigned to Division 2, presented and read. Buo) moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Community indicators for Success: Communication from the Long Range Planning Advisory Commission providing a recommended list of Community indicators for Success as a part of the 2000 Update of the Comprehensive Plan, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. MoUon carded 7-0. Community Development Advisory Commission: Letter of support from the Community Development Advisory Commission for the Downtown Planning Process, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. Fiscal Year 2001 Community Development Block Grant Program Amendment: City Manager recommending approval of changes to the City's Community Development Block Grant Fiscal Year 2001 Annual Action Plan, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 580-00 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2001 (PROGRAM YEAR 2000} ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2000 and 2001; and Whereas, the City of Dubuque new desires to amend said Annual Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a public comment period beginning October 18, 2000; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on November 21, 2000, and has voted to approve said amendment and to recommend approval by the City Council NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Sec'don 1. That the Annual Action Plans for Fiscal Years 2000 and 2001 are hereby rescinded and the balance of funds from these plans is incorporated into an Amended and Restated Fiscal Year 2001 (Program Year 2000) Annual Action Plan - Amendment 2 is attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2001 ( Program Year 2000) Annual Action Plan - Amendment 2 attached hereto as Exhibit A is hereby approved. Section 3. That the CH Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicho[son. Mo'don carried 7-0. Consulting and Actuarial Services Agreement with The Segal Company: City Manager recommending approval of a Consulting and Actuarial Services Agreement with The Segal Company for Fiscal Year 2001, presented and read, Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion Regular Session, December 4, 2000 473 carded 7-0. Delinquent Garbage and Refuse Collection Accounts: City Manager recommending submission of the delinquent garbage and refuse collection accounts to the Dubuque County Treasurer for collection of past due accounts, presented and read. BuoJ moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 681-00 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WITH SECTION 40--37 AND 40-38 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory;, and Whereas, ~e of December 31't, of each year, delinquent garbage and refuse collection charges shall be cerCtied by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section L That the persons named hereinunder, owning the prope~y thereby set forth, are delinquent in the payment of refuse collection PROPERTY DESCRIPTION AMOUNT Gary Bernhard 1110 Roosevelt St Lot 4 Wersinger Sub $261.07 Mark Krolich 743 Louise St Lots 74 & 75 Maple Leaf Add #2 $255.64 Michael J. Schetgen 3922 Inwood Ave. Lot 53 & 54 ONeills North Dub Add $291.62 Michael Gerdemann 3567 Crescent Ridge Lot 19 Dub Homes Center Grove PI #2 $ 79.07 J Foht 723 Peru Rd Lot20 Maple Leaf Add #~ $261.14 Ricky J Hurst 3975 Inwood Ave. Lot 39 & 40 ONeills North Dub Add $261.2O Gaw Bernhard 1100 Roosevelt St Lot 4 Wersinger Sub $251.14 Vincent Ehrlich 333 Olympic Heights Rd Lot9 BIk 1 Olympic Hgt $314.88 Robert Beau No ID at County Court House 1030 Roosevelt St $ 97.09 Section 2. That the City clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the Passed, approved and adopted this 4~ day of December 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adopfion of the Resolution. Seconded by Nicholson. Motion carried 7-0. Delinquent Water Connection Fee: City . Manager recommending submission of the delinquent water connection fees to the Dubuque County Treasurer for collection of past due accounts, presented and read. Buol moved that the communication be received and tiled. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 582-00 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT WATER CONNECTION CHARGES IN ACCORDANCE WITH SECTION 44- 151-B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-151-B of the Code of Ordinances authorizes the City to levy and collect water connection fees for property footage that is adjacent to the water main according to the prevailing front footage fee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the person hereinafter named, owning the follow~ng described property, has unpaid water connection fees in the amount set out and that said fees are delinquent. PROPERTY DESCRIPTION AMOUNT Roger Weekley Lot 1 of 6, Mineral Lot 501 $1115.18 Section 2. That the City Clerk be and is hereby ordered and directed to certlty to the County Treasurer of 474 Regular Session, December 4, 2000 Dubuque County, Iowa, that the person named herein is delinquent in the payment of water connection fees in the amount set forth above and that said delinquent water connection fees shall be collected in the same manner as general property taxes against the respective property set opposite the name of the property owner. Section 3. That the delinquent water connection fee shall be collected with, and in the same manner, as general property taxes as provided by law. Passed, approved and adopted this 4~' day of December 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ moved adoption of the Resolution, Seconded by Nicholson. Motion carded 7-0. Delinquent Sewer Charges: City Manager recommending submission of delinquent sewer charges to the Dubuque County Treasurer for collection of past due accounts, presented and read. Buol.moved that the communication be received and filed~ Seconded by Nicholson~ Motion carded 7-0. RESOLUTION NO. 583-00 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WITH SECTION 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentats upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system; and Whereas, Section 44-88 of the Code of Ordinances provides that the City shall have a lien upon the rea[ property served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be certified as December 31" of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter named, owning the following described property, have unpaid sewer charges in the amount set out and that said charges are delinquent. NAME AND ADDRESS ~TION AMOUNT Michael J. Schetgen 3922 InWood Ay Lot 53 & 54 ONeills North Dub Add $49i.21 Michael Gerdemann 3567 Crescent Ridge Lot 10 Dub Homes Center Grove PI #2 $163.06 J Foht 723 Peru Rd Lot 20 Maple Leaf Add #2 $505.55 Ricky J Hurst 3975 Inwood Av Lot 39 & 40 ONeills North Dub Add $605.69 Gary Bernhard 1100 Roosevelt St Lot 4 Wersinger Sub $805.55 Vincent Ehrlich 333 Olympic Heights Rd Lot 9 BIk 1 Olympic Heights $846.17 Robert Beau No ID at County Court House 1030 Roosevelt St $109.32 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 4~h day of December 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adop~on of the Resolution. Seconded by Nicholson. Motion carried 7-0. Designated Agents to Execute Checks on Behalf of the City of Dubuque: City Manager recommending that Health Choices, inc. be authorized to issue checks and drafts for the City's health account and flexible spending account, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carriedT-0. RESOLUTION NO. 584-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED AGENTS OF THE CITY OF DUBUQUE LIMITED AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY Regular Session, December 4, 2000 475 OF DUBUQUE, IOWA Whereas, the City of Dubuque deposits certain funds for specific use in local commercial banking institutions; and Whereas, the commercial banking institutions require authorization by the City Council for City employees and others to sign checks and drafts drawn on such banking institutions; and Whereas, the City Council has determined that agents of the City of Dubuque who may sign checks and drafts drawn on designated accounts on behalf of the City of Dubuque are the Health Choices, Inc. authorized check signers for checks issued for the City of Dubuque Health Account drawn on account number 2819000163 and the City of Dubuque Flex Account drawn on account hum her 2819001153 at Firstar Bank in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Health Choices, Inc. authorized check signers are hereby granted ability to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Health Account drawn on account number 2819000163 at Firstar Bank in Dubuque. That the Health Choices, Inc. authorized check signers are hereby granted ability to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Flex Account drawn on account number 2819001153 at Firstar Bank in Dubuque. Passed, approved and adopted this 4th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Duel moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Authorized Depository institutions: City Manager recommending that Liberty Bank be named as an authorized depository institution for the City of Dubuque, presented and read. Duel moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 585-00 RESOLUTION NAMING DEPOSITORIES RESOLVED, that the City Council of the City of Dubuque, Iowa in Dubuque County, Iowa, approves the following list of financial institutions to be depositories of the City of Dubuque, iowa funds in conformance with all appicabe provsions of owa code Chapter 453.2. The City Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Maximum Balance Amedcan Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,600 Firstar Bank N.A. Milwaukee, Wisconsin $10,000,000 Dupaco Community Credit Union Dubuque, iowa $10,000,000 Premier Bank Dubuque, Iowa $10,000,600 East Dubuque Savings Bank East Dubuque, Illinois $10,000,000 Liberty Bank Des Moines, Iowa $10,000,000 CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolufion of the City Council of Dubuque, Iowa adopted at a meeting of said public body, duly called and held on the 4t" day of December, 2000 a quorum being present, as said resolution remains a record in the minutes of said meeting, and it is now in full force and effect. Dated this 4~ day of December, 2000. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Duo[ moved adoption of the Resolution. Seconded by Nichotson. Motion carried 7-0. I Business License Refund: Duel moved that the Cigarette License I refund to Mulgrew Oil Company in the amount of $50.00 be received and filed and concurred with recommendation to !approve the refund. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 586-00 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 476 Regular Session December4, 2000 OF THE CiTY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C' BEER PERMIT Iowa Oil Company IOCO+ (Sunday Sale) 2150 Twin Valley Dr Passed, approved and adopted this 4th day December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resol~on. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 587-00 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 wtih the State Laws and ail 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 c~use to be issued the following named applicants a Liquor License. CLASS "C"( COMMERCIAL) BEER/LIQUOR LICENSE Bowling & Beyond Dubuque Inc Bowling & Beyond Dubuque+ (Sunday/Outdoor Sale) 1860 Hawthorne Pamela Barry Arensdorf Instant Replay+(Sunday Sale) 1602 Central Ave Moracco, inc. The Moracco+ (Sunday Sale) 1413 Rockdale Passed, approved and adopted this 4th day of December, 2000, Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. BOARDS/COMMISSIONS: Applicants were invited to address the Council to express their desire to serve on the following Board~JCommissions: HUMAN RIGHTS COMMISSION: Raydora Drummer, Judith Haley Giesen, Joseph Hopkins, Evelyn Jackson, Raydora Drummer, Judith Haley Giesen, and Evelyn Jackson all spoke requesting reappointment to the Commission, Appointment to the following Commission: HOUSING COMMISSION (Section 8) (One Vacancy): Applicants: Jeremy Austin, Kris Erickson, Joe Hopkins, Den[se Miller, John Plain. Vote on the appointment was as follows: Duggan voted for Miller. Markham voted for Edckson. Michaisld voted for Miller. Niche[son voted for Miller. Robbins voted for Miller. Buol voted for Miller. Cline voted for Miller. Therefore, Denise Miller appointed to an unexpired three year term on the Housing Commission representing Section 8 which will expire 8-17-03. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbine. Motion carded 7-0. Barge Fleeting: City Manager submitling three proposals received from Ar[co Fleeting for barge fleeting and requesting further direction, Communication from the Mississippi River Walleye Club in opposition to barge fleeting within the Dubuque City lim~, presented and read. Michalski moved to receive and filed the communications. Seconded by Nicholson. Motion carded 7-0. Bill Brosnahan and Len Smith of the Walleye Club spoke stating they don't want barge fleeting anywhere within the City limits. Wayne Buckholz spoke against the Riprow Valley site. Matt Hartley spoke stating that elimination of barge fleeting will affect industry as this is a working river town. Del Uhldch, of Peavey Co., spoke stating that moving the barge fleeting out of town will hurt business. Jerry Abing spoke stating that there should be caution against barge fleeting and consideration given to the recreational dollars. Howard Higley of 800 Southern Ave., spoke stressing the hazards of the protruding Water Pollution Control Plant pipes in the Riprow Valley site and stated the river is not deep enough in that area. Regina Thibeau spoke stating they need more time to get information relative to the Riprow Valley site. Brent Nissan of Ar[co, spoke and requested that this be put on hold to look at the site(s). Cline moved to eliminate City island from the discussion. Seconded by Robbins. Carried bythefollowing vote: Yeas-Buol, Cline, Duggan, Markham, Robbins. Nays--Niche[son, Michalski. Regular Session, December 4, 2000 477 Cline moved to set a Public Headng on 1/15/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by MichalskL Motion carded 7-0. Request to Vacate Lloyd Gudenkauf: City Manager recommending that the City dispose of interest and vacate a utility easement over Lot 1 Block 4 of Patdcia Ann Acres to Lloyd Gudenkauf, presented and read. Robbins moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. Nicholson was out of the room at the time of the vote. RESOLUTION NO. 588-00 RESOLUTION DISPOSING OF INTEREST AND VACATE A 10-FOOT WIDE UTILITY EASEMENT OVER LOT I BLOCK 4 PATPJCIA ANN ACRES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, iOWA Whereas, pursuant to resolution and published notice of time and place of headng, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 24th day of November, 2000, the City Council of the City of Dubuque, Iowa met on the 4th day of December, 2000, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the release of real estate descdbed as: A 10-foot wide utility easement on Lot 1 Block 4 Patdcia Ann Acres in the City of Dubuque, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, lo,va overruled any and all objections, oral or wdtten to the proposal to dispose of interest of the City of Dubuque, lows, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1, That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as a 10-foot wide utility easement on Lot 1 Block 4 Patdcia Ann Acres in the City of Dubuque, Iowa, be and the same is hereby approved for the cost cf publication and filing fees, Sectien 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City CIork be and is hereby authorized and directed to deliver said Release to Lloyd S. Gudenkauf, upon receipt of the above fees. Section 3. That the C~ Clerk be and is hereby authored and directed to record a certtfied copy of this resolution in the office of the C~ Assessor, Dubuque County Recorder snd Dubuque County Auditor. Passed, approved and adopted this 4th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Robbins moved adoption of the resolution. Seconded by Markham. Motion carded 6-0. Nicholson was out of the room dudng vote. Residential Parking Permit Distdct ~ Senior High School Area: City Manager recommending approval of an amendment to Residential Parking Permit Distdct "C' to include portions of North Grandview Avenue and Rosedale Street; Communication of Joe Link and Jane Petrek of the Dubuque Community School System requesting that this be tabled; an Ordinance Amending Section 32-362 of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking, by deleting certain portions of Grandview Avenue and Rosedale Street, and an Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding portions of North Grandview Avenue and Rosedale Street to Subsection (a) of Section 32-395 thereof establishing Residential Parking Permit Distdct "C," presented and read. Nicholson moved that this matter be tabled. Seconded by Markham. Motion car~ed 7-0. Nicholson moved that the rule be reinstated limiting the discussion to the Councit. Seconded by Michalski. Motion carded 7-0. ACTIONITEMS Joint Work Session with County Board of Supervisors: Histodc Preservation Commission requesting that the City Council hold a joint session with the Dubuque County Board of Supervisors to discuss preservation of the Buettell Brothers Building at 821-845 Central Avenue; Copy of communication from Historic Preservation Commission to the Dubuque County Board of Supervisors, presented and read. Cline moved to have staff try to schedule a Work Session with a quorum of the City 478 Regular Session, December 4, 2000 Council and County Board of Supervisors and no less than the Chair of the Historic Preservation Commission. Seconded by Michalski. Carded by the following vote: Yeas- Duggan, Michalski, Nkiholson, Cline. Nays-Markham, Robbins, BuoL Hawthorne Street No Parking Zone: City Manager recommending adoption of an ordinance prohibi~ng truck or trailer parking on a portion of the north side of Hawthorne Street, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances by adding a new Section 32-267.2 providing for the establishment of parking restrictions for trucks or trailers on designated streets or portions thereof and adding certain portions of Hawthorne Street, presented and read. (OFFICIAL PUBLICA~rlON) ORDINANCE NO. 104-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 32-267.2 PROVIDING FOR THE ESTABLISHMENT OF PARKING RESTRICTIONS FOR TRUCKS OR TRAILERS ON DESIGNATED STREETS OR PORTIONS THEREOF AND ADDING CERTAIN PORTIONS OF HAWTHORNE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iow'a, be amended by adding the following new Section 32-267,2 thereof as follows: 'Sec. 32-267.2 "Parking Restriction for Trucks and Trailers on Designated Streets or Portions Thereof." Where spaces have been designated by signs or markings for 'No Truck or Trailer Parking", it shall be unlawful for the operator of any such vehicle to stop, stand or park in the following areas: Hawthorne Street, north side, from the railroad tracks to a point forty (40) feet east of Kerper Boulevard. Passed, approved and adopted this 4th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of JanuaP/, 2001~ Jeanne F. Schneider, City Clerk It 1/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and fur[her moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 32- 252(d) of the City of Dubuque Code of Ordinances prohibiting parking on designated streets or potions thereof by deleting Hawthorne Street. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 105-00 AN ORDINANCE AMENDING SECTION 32-262 (D) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING HAWTHORNE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by deleting from Subsection (d) of Section 32-262 the following: Hawthorne Street, north side, from Rhomberg Avenue to Kerper Boulevard. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further · moved final consideration and passage of the Ordinance. Seconded by Nicho[son. Motion carried 7-0. Historic Preservation Ordinance Update: Communication from the Historic Preservation Commission/Preservation Task Force Regular Session, December 4, 2000 479 regarding the Historic Preservation Ordinance Update and requesting a work session with Council and communication from the Community Development Advisory Commission supporting the proposed changes to the Historic Preservation Ordinance, presented and read. Michalski moved that the communication be received and filed and scheduled a work session from 5:00 to 6:30 P.M. on 1/2/01. Seconded by Nicholson. Motion carded 7-0. At 8:43 P.M., Michalski moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c). Seconded by Nicholson. Motion carried 7-0. At 8:54 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 8:55 P.M. /s/Jeanne F. Schneider City Clerk Approved ,2001 Adopted ,2001 Mayor CounciI Members A~es~ City Clerk 481 Regular Session, December 18, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 18, 2000 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michaiski, Nichelson, Robbins, City Manager Michael Van Mi[ligen, Corporation Counsel Barry LindahL Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council Invocation was given by Reverend Grog Bjornstad, Chaplain. of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30, presented and read. Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carded 7-0. Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, presented and read. Buol moved that the proofs be received and ti[ed. Seconded by Nicholson. Motion carded 7-0. Finance Director submitting the Financial Report for the month ending November 30, 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried Official Council Proceedings of October, 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried 7-0~ Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Piicher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settJement of the property damage claim of Florence Hird in the amount of $59.15; the proper['/damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25.00, presented and read. Buol moved that the communications be received and filed and directed Finance Director to issue payments. Seconded by Robbins. Motion carried 7-0. Appointments to the Owner- Occupied Affordable Housing Committee: City Manager recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee, presented and read. Buol moved that the communication be received and tiled and concurred with recommendation. Seconded by Robbins. Motion carded 7-0. Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 590-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 Whereas, Carl J. Burbach Regular Session, December 18, 2000 482 Declaration of Trust dated January 24, 1995 desires to make a g~ of the foIlovCng described real property to the City of Dubuque: Lot 22 of Sunset Park Eighth Additon to the City of Dubuque, Iowa A~d Whereas, the City Council of the City of Dubuque desires to accept the g~ on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Cad J. Burbach Declaration of Trust dated January 24, 1995, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest; Jeanne F. Schneider, City Clerk Dual moved adoption of the resolution. Seconded by Robbins, Motion carded 7-0. Citizen PeCan for Residential Parking Permit District: Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District, presented and read. Dual moved that the pecan be referred to the City Manager. Seconded by Robbins. Motion carded 7-0. Cerdfied Local Government Repot[ to State Histodc Preservation O~ce: City Manager subm~ng the 2000 Certified Local Government Annual Report, presented and read. Dual moved that the communication and report be received and filed. Seconded by Robbins. Motion carded 7-0. Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No. 3, presented and read. Dual moved that the communication be received and fi[ed. Seconded by Rabbies. Motion carded 7-0, RESOLUTION NO. 591-00 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT I OF 1 AND LOT 2 OF 1, A DIVISION OF LOT I OF JAEGER HEIGHTS SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Where~*~s, there has been filed with the City Clerk the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, a Division of Lot 1 of Jaeger Heights SubdMsion, No. 3, in the City of Dubuque, Iowa; and Whereas, said plat of survey provides 31.13 feet of frontage and 5,008 square feet of lot area for Lot 1 of 1 and 28.98 feet of frontage and 5,008 square feet of lot area far Lot 2 of 1, where 60 feet of frontage and 6,000 square feet of lot area are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission its approval endorsed thereon subject to prohibiting the construction of a single-family home on ~rther Lot 1 of 1 or Lot 2 of 1, and Whereas, said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 of 1 to have 31.13 feet of frontage and 5,008 square feet of lot area, and Lot 2 of 1 to have 28.98 feet of frcntaoe and 5,008 square feet of lot area, where 60 feet of frontage and 8,000 square feet of lot area are required. Section 2. That appreval of this plat of survey of Lot 1 of 1 and Lot 2 of 1, a division of Lot I of Jaeger Heights Subdivision No. 3 is subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1, and that said prohibition is noted on the plat of survey. Section 3. That the plat of survey of Lot 1 of 1 and 2 of 1, a division of Lot 1 ' of Jaeger Heights Subdivision No. 3 is hereby approved and the Mayor and ! City Clerk are hereby authorized and directed ta endorse the approval of the City of Dubuque, Iowa, upon said plat of survey. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 591-00 We, William Frye and Mike Lightfoot, the undersigned, having read the terms I and conditions of the Resolution No. ;591-00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 30th day of December, 2000. By/s/Mike Lightfoot 483 Regular Session, December 18, 2000 By/s/William Frye Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails Grant application to IDOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 592-00 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF TRANSPORTATION RECREATIONAL TRAILS FUNDS FOR THE HERITAGE TRAIL EXTENSION PROJECT: HERON POND TO PYATIGORSK PARK Whereas, the Iowa Department of Transportation has Recreational Trails funds available to deyelop City recreational trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is hereby authorized to sign and submit this application for Recreational Trails funds to the IDOT for the Hedtage Trail Extension Project Heron Pond to Pyatigorsk Park on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. 2000 Asphalt Paving Project- Acceptance: City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 593-00 ACCEPTING IMPROVEMENT Whereas, the contract for the 2001 Asphalt Paving Project - Fiscal Year 2001 has been completed and the City Manager has examined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Funds, the Sales Tax Fund, the General Fund, the DRA Distribution, and the Parking Construction Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18~h day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo] moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 594~00 FINAL ESTIMATE Whereas, the contract for the 2000 Asphalt Paving Project- Fiscal Year 2001 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $500,508.37 and the said amount shah be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the DRA Distribution, and the Parking Construction Fund of the City of Dubuque, Iowa. Passed approved and adopted thie 18~h day of December, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schne der, C ty C erk Regular Session, December 18, 2000 484 Suol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, SpdnPJer System Project in the final contract amount of $79,448.65, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded RESOLUTION NO. 595-00 ACCEPTING iMPROVEMENT Whereas, the contract for the William M. Slack Steamboat Restoration Project - Phase I has been completed and the City Manager has examined the ~vork and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE iT RESOLVED SY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund and reimbursed 100 percent (100%) from the ISTEA Trensporta~Jon Enhancement Grant in amount equal to the amount of this contract. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 5964)0 FINAL ESTIMATE Whereas, the contract for the William M, Black Steamboat Restoration Project - Phase I has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the cost of said improvement is hereby determined to be $79,448,65 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this 18~ day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CH Clerk Suol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the NoAh End Neighborhood Trail Project in the final contract amount of $492,989.56, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 597-00 ACCEPTING IMPROVEMENT Whereas, the contract for the North End Neighborhood Trail Project has been completed and the City Manager has examined the work and fi[ed his certificate stating that the same has been co~npleted according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund ($538,389.56) in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of December, 2000. Torrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 598-00 FINAL ESTIMATE Whereas, the contract for the North End Neighborhood Trail has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said 4R 5 Regular Session, December 18, 2000 improvement is hereby determined to be $538,389.56 and the said amount shall be paid from the General Fund ($538,389.96) of the City of Dubuque, Iowa. Passed approved and adopted this 18 ~ day of December, 2000. Torrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Cour~ Construction Project in the final contract amount of $640,476.08, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 599-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Kerper Court Paving and Utilities Project has been completed and the C~ty Manager has examined the work and fi]ed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the ssme is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) in amounta equal to the amount of thie contract, less any retained percentage provided for therein. Passed, approved and adopted this 18~h day of December, 2000. Terrance M. Duggan, Mayor Attest: deanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 600-00 FINAL ESTIMATE Whereas, the contract for the Kerper Court Paving and Utilities Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $702,618.83 and the said amount shall be paid from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) of the City of Dubuque, ]owe. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Mo~on carried 7-0. Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of Klauer Manufacturing for removal of parking at several corners in the area of 26,h and 27~ Streets between Central and Elm Streets has been withdrawn, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 601-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING & BEYOND DUBUQUE, INC. WHEREAS, Riverside Bowl, Inc. (Riverside) operates a bowling facility in Dubuque, Iowa, and Riverside and the City of Dubuque (City) entered into Leases of property owned by City on May 2, 1958, as amended June 19, 1973, April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are attached hereto; and WHEREAS, Riverside desires to sell its assets and assign its interest in the Leases to Bawling & Beyond Dubuque, Inc., an Illinois corporation (Bowling), pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, the Leases are assignable by Riverside with the Regular Session, December 18, 2000 486 consent of City;, and WHEREAS, Bowting desires to assign its interests in the Leases to Amedcan Trust & Savings Bank (ATSB) as security for a loan by ATSB to Bowling, pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, the City Council has determined that it is in the best interests of the City to consent to the Assignments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Riverside Bowl, Inc. to Bowling & Beyond Dubuque, Inc. 2. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Bowling to Amedcan Trust & Savings Bank, Passed, adopted and approved this 18~' day of December, 2000, Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk BuM moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement between the City and Dubuque Histodc Improvement Company to Jerry Lazore, new owner of the Redstone Inn, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 602-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE HISTORIC IMPROVEMENT COMPANY BY DUBUQUE HISTORIC IMPROVEMENT COMPANY TO JERRY LAZORE Whereas, the Dubuque Histodc Improvement Company (DHIC) and the City of Dubuque (City) entered into a Lease Agreement on Apd[ 1, 1995, a copy of which Lease Agreement is attached hereto; and Whereas, the Lease Agreement provides for parking for DHIC's Redstone Inn located at City's parking lot at Fifth and Bluff Streets; and Whereas, on October t3, 2000 the Redstone Inn was sold by DHIC to Jerry Lazore; and Whereas, the Lease Agreement is assignable by DHIC with the consent of City; and Whereas, the City Council has determined that it is in the best interests of the City to consent to such assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council hereby consents on behalf of the City of Dubuque to the assignment of the Lease Agreement by Dubuque Historic Improvement Company to Jerry Lazore, provided that Jerry Lazore shall agree to be bound by the terms and conditions thereof. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Fiscal Year 2002 Budget Policy Guidelides: City Manager recommending approval of the Fiscal Year 2002 Budget Policy Guidelines, presented and read. Buol moved that the communication be received and filed and approved the 2002 Budget Policy Guideilnss. Seconded by Robbins. Motion carried 7-0. Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, presented and read. Buol moved that the communication be received and filed and approved letter of support Seconded by Robbins. Motion carded 7-0. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, presented and read. Buol moved that the communication be received and filed and approved letter of support. Seconded by Robbins. Motion carried 7-0. HOME Investment Partnership Program Contract: Communication from the Iowa Department of Economic Development revising the master 487 Regular Session, December 18, 2000 contract and funding agreement for the HOME Program by changing the completion date and extending the performance pedod to June 30, 2001, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. Business Licenses: RESOLUTION NO. 603-00 NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Tobacco Out/st Plus # 56 Kwik Tdp, Inc 66 W. 32nd St Grandview Milk House James T. Jacobsen 620 S Grandview Passed, approved and adopted this 18th day of December, 200g. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 604-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT United Auto Workers # 94 UAW Local # 94+(Sunday Sale) 3450 Central Ave CLASS "C" BEER PERMIT Molo Oil Co. Big 10 Mart+ (Sunday Sale) 9th & Central Angel Investment Casey's General Store+(Sunday Sale) 2699 Rockdale Rd Rainbo O[I Co Kwik Stop+ (Sunday Sale) 4039 Pennsylvania Rainbo Oil Co Kwik Stop+ (Sunday Sale) 2320 Hwy 61 Kwik Trip, Inc Tobacco Outlet Plus +(Sunday Sale) 66 W. 32nd St Passed, approved and adopted this 18th day December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 605-00 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" BEER/LIQUOR LICENSE Kinssth Hotel Corp Holiday Inn 5-Flags+(Sunday Sale) 450 Main St Design Center, Inc Julian Inn+ (Sunday Sa[e) 200 Main St CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE L & M Wharf Corp Michael's Bar-X+ DSunday Sale) 2616 Windsor avid H. Hoffman TheWhite House 450 W. Locust Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City C~erk Buol moved adop,don of the resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to sep/e on the following Boards/Commissions: Housing Code Appeals Beard Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke. Appointment to the following Commission: Human Rights Commission (Three terms expiring 111104) Applicants: Raydora Drummer; Judith Halay Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Vote on the appointments was as follows: Duggan voted for Drummer, Giesen and Jackson. Markham voted for Drummer, Giesen and Jackson. Michalski voted for Drummer, Gissen and Jackson. Nicho[son voted for Drummer, Giesen and Jackson. Robbins voted for Drummer, Giesen Regular Session, December 18, 2000 488 and Jackson. Robbins voted for Drummer, Giesen and Jackson. Buol voted for Drummer, Giesen and Jackson. Cline voted for Drummer, Giesen and Jackson. Therefore, Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04 on the Human Rights Commission. PUBLIC HEARINGS Michalsld moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carded 7-0. Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Westside Court from C-3 General Commercial Distdct and CS Commercial Service and Wholesale District to PUD Planned Unit Development District, with a PC Planned Commercial designation to allow for development of a new Menard's store, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Nicho[son. Carded by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke in favor of the proposed rezoning. Ed Tschiggfde, as owner of a nearby quarry, spoke in favor of the project but requested the continuation of a trip lane traffic signal for ex,ting trucks. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial Distdct and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 106-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG U.S. HIGHWAY 20 WEST OF WESTSIDE COURT FROM C-3 GENERAL COMMERCIAL DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR MENARD, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Sec'don 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-3 General Commercial District and CS Commercial Service and Wholesale Distdct to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions for Menard, Inc., as stated below, to wit: Lot 2 of Siegert's Place, Third Addition, and to the center line of the adjoining public right-of~way, all in the City of Dubuque, Iowa. Section 2. Pursuant to iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions. 1.Building-related Features: Building-related features are defined as ail constructed items which dse above the grade surface of the lot. These include: a) The primary buirding b) All accessory or secondary buildings c) Ali exterior storage areas d) Extedor refuse collection areas e) Exterior mechanical equipment f} Containerized or tank storage of liquids, fuels, gases and other materials 2) Vehicle-related Features: Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: 489 Regular Session, December 18, 2000 a) Employee and visitor parking spaces b) Driveways from the street right- of-way line to and from parking spaces. c) Loading spaces outside of the building d) Maneuvedng space and driveways to and from loading spaces e) Parking spaces for company- owned commemial vehicles f) Fire lanes 3) Open Space Features: Open space features are defined as those exterior areas and developed features of the lot These include: a) Landscaped space containing lawn areas and plantings b) Paved, hard-surfaced pedestrian areas such as walk'ways, plazas, entryways and courtyards c) Surface storm water detention areas not othew~ise used for building- related or vehicle-related purposes d) Open recreation areas and recreational trail e) Other non-building and non- vehicular-related space B) Use Regulations. The following regulation~ shall apply to all uses made of land [n the above described PUD Distdct 1) Principal permitted uses shall be limited to: a) Retail sales/service [17] b) Indoor restaurant [20] c) Drive-in/carry-out restaurant [28] d) General offices [14] [ ] Parking group-see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reset'veal for 3) Accesson/ uses shall be limited to any use customarily incidental and subordinate to the principal use it 4) Temporary uses shall be limited to any use listed as a permitted use within the PUD Distdct of a limited duration, as established in Section 2- 5.3 and as defined in Section 8 of the Zoning Ordinance. C) Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follow~: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the following lot and bulk regulations: a) Maximum lot coverage shall be limited to 75%. All building and vehicle-related features shall be considered when calculating total [and area coverage. b) Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical HeqvUipment and their protective housing. AC equipment is limited to 10 feet above 40 feet limitation subject to the provision of adequate screening. c) Setbacks for the out-lot shall be aa established for the C-3 General Commercial District, set forth in Secfion 3-3.3 of the Zoning Ordinance. D) Parkina Reaulations 1) Ail vehicle-related features shall be surfaced with either asphalt or concrete. 2) Curbing and proper surface drainage of storm water shall be provided. 3) Ali parking and loading spaces shall be de[inested on the surfacing material by painting stripes or other permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5) The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 6) The location and number of ~rivate driveway intersections with ~ublic streets shall be established by ~e City of Dubuque. E. Landscaping Regulations 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following ~rovisions shall apply to each lot: a) Landscape plans are required as ,art of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: For even/ one (1) acre of lot size, four (4) trees shall be required to a maximum of forty (40) trees, Each required tree shall be at least two (2) inches in diameter at planting. I~ Shrubs shall be used to screen Regular Session, December 18, 2000 490 parking areas and provide accent around buildings. · Parking areas located adjacent to a right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three (3) feet in height w~thin three years of planting. 2) All exposed soil areas remaining after the construction of building and vehicle-relatad features shall be planted wffh a permanent ground cover to prevent erosion. Wfthin one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. 3) The lot owner is required to replant any and ali plant materials which have died due to any cause dudng the effective pedod of this PUD ordinance. F. Sion Reaulations. 1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2) Wall-Mounted Signs: a) Menard's: 1) Total allowed square footage: 600 square foot 2) Numberofsigns: unlimited 3) Below esve or parapet b) Out-lot: 1) Total allowed square footage: 250 square feet 2) Number of signs: unlimited 3) Below eave or parapet 3) Freestanding signs: a) Menard's: 1) Total allowed square footage: 400 square feet 2) Maximum number: 1 3) Maximum height: 40 feet b) Out-lot: 1) Total allowed square footage: 200 square feet 2) Maximum number: 1 3) Maximum height: 40 feet 4) Directional Signe: a) Menard's/Outqot: 1) Maximum size: 6 square feet 2) Ma.'dmum number: Unlimited 3) Maximum height: 10 feet 5) Lighting: Signs may be illuntinated only by means of indirect lighbng whereby all light sources and devices are shielded from view by opaque or translucent matadais, or internally illuminated by means of a light source completely enclosed by the sign panel, 6) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G) Performance Standards The development and maintenance of uses in this PUD Distdct shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Off-site Improvements: Menard, Inc. shall be responsible for the design, construction and costs associated with the following off-site improvements: a) Construction of new signalized 'T' intersection on U.S. Highway 20 to serve new Menard's store. b) Design and approval ofsil off-site improvements are subject to applicable City of Dubuque and Iowa Department of Transportation regulations and review procedures. 2) Site Lighting a) Exterior illumination of site features shall be limited to the illumination of the following: Pa~'king areas, driveways and loading facilities. Pedestrian walkway surfaces and entrances to the building. , Screened storage areas. ~ Building exterior. b) Location and Design: Ail extedor lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. , All extedor lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from veCdcal. ~ A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking-related features. Fixtures mounted on a building shall not be pos~oned higher than the roof line of the building. Wooden utility-type poles are acceptable only for temporary use dudng construction. · Ali electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 3} Utility Locations a) Service lines: all electrical, telephone, cable and other similar utility lines se~ng the building and other site features shall be located underground. b Mechanical equipment: all e[ectr cai transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar /*91 Regular Session, December 18, 2000 mechanical equipment, including roof- mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment c) Final site development plans shall be submitted in accordance with Section 4--4 of the Zoning Ordinance pdor to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Exterior Trash Collection Areas: a) The storage of trash and debds shall be limited to that produced by the principal permitted use and accessory uses of the lot b) The ground area coverage of extedor trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land c) Extedor trash collection areas shall be located [n rear or side yards d) All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside theline ofthescreen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 foot high screen fails to shield the extedor trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. e) Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. N. Transfer of Ownership Transfer of ownership or lease of properb/ in this PUD Distdct shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district · Mod flcations. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning rec assification proceedings of Sec'don 6 of the Zoning Ordinance. J. Recordina. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment sba take effect upon as provided by law. Passed, approved and adopted this , of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 106-00 I, Thomas O'Neil, representing Menard, Inc. purchaser, having read the terms and conditions of the foregoing Ordinance No.106-00 and I being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 9th day of January, 2001. By:/si Thomas O Ne Menard, Inc. ACCEPTANCE OF ORDINANCE NO. 106-00 We, William A. Siegert and Janet L. Siegert, property owners, having read the terms and conditions of the foregoing Ordinance No.106-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 15th day of January, 2001. By:/s/William A. Siegert By:/s/Janet L Siegert Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F· Schneider, City Clerk It 12/27 Michalski moved that the requirement that a proposed Ordinance Regular Session, December 18, 2000 492 be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carded by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning: Proof of publicafion on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment Co./Schneider Land Surveying, to allow for construction of a warehouse building, presented and read. Buo[ moved that the proof be received and filed. Seconded by Cline. Motion carried 7-0. Robert Kirpes of 419 Winona spoke in favor of the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agdoulturar District to LI Light Industrial District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 107-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF HUGHES COURT FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the Cb of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District, to LJ Light industrial District, as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk it 12/27 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Mellon carded 7-0. Keliy Lane - Request for Rezoning: Proof of publication on notice of headng to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road)from R-1 Single Family Residential Distdct to R-2 Two- Family Residential District at the request of Leonard Witt, to allow for construction of a duplex, presented and read. Mike Kelly, 1400 Keliy Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two- Family Residential District, presented and read. Markham moved to concur with the denial. Seconded by Cline. Motion carded 7-0. Mole Big 10 Mart - Request for Rezening: Tabled at meeting of November 20, 2000. Buol moved to I remove this matter from the table. Seconded by Nichotson. Motion i carded 7-0. Steve Gorius, 2461 Spring Green, spoke requesting the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described ~roperty located at 2120 John F. ennedy Road from C-2 Neighborhood Shopping Center Distdct to C-3 General Commercial District, presented and read. Regular Session, December 18, 2000 (OFFICIAL PUBLICATION) ORDINANCE NO. 108-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2120 JOHN F. KENNEDY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C- 3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) cf the City of Dubuque Cede of Ordinances is hereby amended by reclassifying the hereinafter described property from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, to wit: Lot I of Lot 2 Asbury Springs Subdivision No. 5 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk It 12/27 Michaiski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prier to the meeting at which it is to be flnalIy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Carried by the following vote: Yeas--Duggan, Markham, Micheisk[, Robbins, Bual, Cline. Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, presented and read. Markham moved that the communication be received and flied, Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 606-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CONCRETE REPAIRS ON GRANDVIEW AT DELHI PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WH CH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TiME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat shewing the assessments proposed to be made for the construction of the Concrete Repairs on North Grandview at Delhi Project under contract with Portzen Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Cerk on the 16th day of November, 2000, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respecfive sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the va~ae of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication ef the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384~60 of the Code of iowa, That assessments may be paid in fu[~ or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice cf the Regular Session, December 18, 2000 494 tiling of the tinal schedule of assessments wlfh the County Treasurer. A~er 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December I next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July I of each year. Property owners may eject to pay any annual installments semiannually in advance. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk SCHEDULE OF VALUATION AND FINAL ASSESSMENTS - N. GRANDVIEW - DELHI OWNFR ~ TOTAL NET ASSESSMENT McConnejl, Laverae D. Jackson Hedge Subd. Lot 4 $1,899.56 Smith, Stereo Hedge Subd. Lot 5 $1 899 56 TOTAL $3,799.12 Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Fischer Cold Storage Warehouse and Cardage Building Demolition: Proafs of publication on notice of headng on plans and specifcations and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Cardage Building Demejifon and Site Clearance Project and City Manager awarding the contract to Paterson Contractors, Inc. in the amount of $166,100, presented and read. Buej moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 607-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, 2000, plans, specifcatians, farm of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project, Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as reqaired by law. NOW THEREFORE, BE IT RESOLVED BY THE CI'Ff COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, spec~cations, 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 lSth day of December, 2000. Torrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Duo moved adoption of the Resolution. Seconded by Nichejson. Motion carded 7-0. RESOLUTION NO. 608-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse and Carriage Building Demolifon 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. Wher¢as, said sealed proposals were opened and read cn the 12th day of December, 2000, and Jt has been determined that the bid of Paterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $166,100.00 was the lowest bid for the furnishings of all labor and materiels 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, [nc. 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 ef the unsuccessful bidders. Passed, approved and adopted this 18"' day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Dual moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Robbins moved to reinstate the rule limiting discussion to the Council. Seconded by Nicholson. Motion carded 495 Regular Session, December 18, 2000 ACTIONITEMS Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance, presented and read. Buo[ moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Thom Determan spoke requesting the changes. An Ordinance Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 109-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-27(4) POWERS AND DUTIES AND ENACTING A NEW SECTION 27-27(4) POWERS AND DUTIES IN LIEU THEREOF. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 27-27(4) Powers and Duties. Section 2. That the Code of Ordinances of the City of Dubuque, iowa, be amended by enacting a new Section 27-27(4) Powers and Duties in lieu thereof as follows: Section 27-27(4). Powers and Duties: To issue such publication and reports of investigations and research as in the judgment of the Commission shall promote civil and respectful behavior which shall tend to eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national odgin, religion, ancestry, disability or marital status. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald ne~vspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk It 12/27 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally )assed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Vision Iowa Application: City Manager recommending approval of a :~esolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 589-00 RESOLUTION OF CITY OF DUBUQUE SUPPORT FOR THE VISION IOWA APPLICATION FOR FUNDS FORAMERICA'S RIVER FOR THE MISSISSIPPI RIVER EDUCATION AND CONFERENCE CENTER AND THE MISSISSIPPI RIVER DISCOVERY CENTER AND AQUARIUM AT THE PORT OF DUBUQUE. Whereas, the c~zens of Dubuque have been working together since 1992 on plans to reclaim the dverfront for the enjoyment of the community and its many visitors; and Whereas, the City of Dubuque, the Dubuque County Historical Society, and the Dubuque Area Chamber of Commerce have formed a strong )artnership to lead the community in efforts to develop Dubuque's dverfront into a world-class attract[on; and Whereas, there has been extraordinary levels of private )articipation in the fundraising for the dverfront development efforts from individuals, corporations, and government agencies; and Whereas, the City of Dubuque is committing to construction of a riverwalk and other infrastructure improvements on the dverfront and in the adjacent downtown area; and Whereas, the pdvate sector has made significant financial commitments, which will leverage the public investment and increase the level of interest in the Dubuque Riverfront; and whereas, the construction of the Mississippi River Education and Conference Center on the Pod( of Regular Session, December 18, 2000 496 Dubuque will provide the venue to host groups and indMduals from around the wodd and make Dubuque and Iowa the center for learning about the Mississippi River and the State of Iowa; and Whereas, the plans for the development of Dubuque's dver~ront meet the goals of the Vision Iowa program by providing Iowa wtth this world-class attraction; and Whereas, the planning for the development of Dubuque's riven'rent is at the stage where the community is ready to begin the construction phase for the major infrastructure improvements of the project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: The City of Dubuque hereby lends it continued suppont to the efforts of the community for the development of the riverfront of the Mississippi River. Section 2: The C~ of Dubuque together ~h its partners, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce, commits over $29 million in City funds, over $20 million in pdvate pa~cipation, over $$ million in federal grants, and over $17 million in pdvate fund raising and land donations to match almost $58 million in Vision Iowa funds toward construction of the America's River project in the Port of Dubuque. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nichelson. Motion carried 7-0. Fifth Street 'No Parking' Ordinance: City Manager recommending approval of a "No Parking' zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently reconstructed Fifth Street, from Iowa Street to Locust Street, presented and read. Robbins moved that the communication be received and filed. Seconded by MichalskL Motion carded 7-0, An Ordinance Amending the City of Dubuque Code of Ordinances, Section 32-363(d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets, presented and re.id. (OFFICIAL PUBLICATION) ORDINANCE NO. 110-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-262(d) PROHIBITING PARKING AT ANY TIME IN CERTAIN DESIGNATED ZONES RELATING TO FIFTH STREET BETWEEN IOWA AND LOCUST STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by deleting from Subsection (d) of Section 32-262 the following: Fifth Street, West, south side, from Bluff Street to Hill Street;, north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street. Section 2. That the Code of Ordinances of the CH of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Fifth Street, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street and from iowa Street to Main Street, provided, however, it shall not be unlawful to stop, but only in the drop-off areas provided, for the sole purpose of and for the time necessary to allow passengem to enter or exit a vehicle and dudng which time the vehicle shall not be unattended. Passed, approved and adopted this t 8~ day of December, 2000. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Micha[ski. Motion carded 7-0. An Ordinance Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE N O. 111-00 497 Regular Session, December 18, 2000 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING A PORTION OF SUBSECTION (g) OF SECTION 32-263 RELATING TO ANGLE PARKING NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, iowa be amended by deleting from Subsection (g) of Section 32-263 thereof as follows: Ffffh Street, north side, from Iowa Street to Locust Street_ Passed, approved and adopted this 18"' day of December, 2000. Torrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on [or passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by MichalskL Motion carried 'No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the area, presented and read. Robbins moved that the communication be received and filed, Seconded by Cline. Motion carded 7-0. An Ordinance Amending Section 32- 262(d) of the Code of Ordinances of the City of Dubuque, iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 112-00 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS, OR PORTIONS THEREOF, N BY ADDING THE ALLEY BETWEEN WEST FIFTH STREET AND UNIVERSITY AVENUE FROM NEVADA STREET TO ALPINE STREET NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the folio'wing: Alley, both sides, between West Fifth Street and University Avenue from Nevada Street to Alpine Street Passed, approved and adopted this 18th day of December, 2000. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public headng, presented and read. Michalski moved that the communication be received and flied and recommendation approved. Seconded by Markham. Motion carded Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City issue a Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth Street Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carded 7~ 0. Council Member Reports: Michalsk[ stated kudos to Operations and Maintenance for snow removal. Regular Session, December 18, 2000 498 ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 609-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition; and Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently platted on said lots; and Whereas, Jim Stock Realty & Construction has petitioned to vacate portions of said easements. NOW THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements over portions of LQt 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, as shown on the at~ached Exhibits A and B. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published in the manner as preecdbed under Section 384.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 18~h day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. At 8:37 P.M. Buo] moved to go into Closed Session re: Properly Acquisition and Pending Litigation (iowa Code Chapter 21.5(1)(j)(c). Seconded by Markham. Motion carded At 8:49 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carded 7-0. The meeting adjourned at 8:50 P.M. Is/Jeanne F. Schneider City Clerk Approved ,2001 Adopted ,2001 Mayor Council Members Attest: City Clerk SASC SUBSTANC ABUS SERWC S CENTER January 19, 2001 Michael C. Van Milligen City Manager of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: Second Quarter Report FY 2001 D_.o--N'ester Centre 799 ~.Str~et, ~tilte z70 Dubs'tim/, Iowa 52001-6825 319} 582:371M, ZI 907 West Main EO. Box 3t Man&ester IoWa. 52057-t 534 · .07!9 927-$~12- · Fax F3t%927=3340 Dear Mr. Van Milligen: As per our Purchase of Services Agreement with the City of Dubuque, I am making this Second Quarter Report detailing oar activities in working with youth from Dubuque who have been referred to our High Risk Youth programs. During the second quarter, the following numbers of youth in the City of Dubuque were seen in the' following programs: 2nd Quarter Year-To-Date' Crisis Contacts Individual/Family Counseling Therapy/Support Groups Educational Presentations 18 youth 38 youth 179 youth 302 youth 144 youth 291 youth 50 youth 471 yout~ Services to high-risk youth are provided both in the office setting and in the school setting. Primary referral sources of youth are the criminal justice systems and the schools Oar Board of Directors and staff greatly appreciate the support we receive from the City of Dubuque. Thank you. Executive Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Kenneth J. TeKippe, Finance Director Financial Rep°rts~---~k ~. ~ ~7~ January 11, 2001 Enclosed are the City of Dubuque Financial Reports for the month ending December 31, 2000. The reports included are: Consolidated Balance Sheet, Activity Revenue Status Report, and Department Expenditure Status Report. ¥I 'enbnqn(] C~Ai~O.~ CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: DATE: Members of City of Dubuque Investment Oversight Advisory Commission Kenneth J. TeKippe, Finance Director Un-approved Minutes of the January 18, 2001 Meeting of the Investment Oversight Advisory Commission January 24, 2001 Commission members Hiram Melendez, Stephen Reisdorf and Gary Ruden were present. Ken TeKippe, Finance Director, and Dawn Lang, Assistant Finance Director, were also present. The meeting was called to order at 3:38 p.m. in Conference Room A in City Hail by Hiram Melendez who served as Chairperson for the meeting since Paul Lassance was not in attendance. Finance Director, Ken TeKippe, certified that the meeting was in compliance with the Iowa open meetings law. 2. Steve Reisdorf moved that the minutes of the October 26, 2000, meeting be approved as written. The motion was seconded by Gary Ruden and approved unanimously. Mr. Mel Miller, Senior Vice President and Chief Investment Officer of Dubuque Bank & Trust, presented information and answered questions relative to his bank's investment management work for the City. Detailed account review reports were provided which included the following information: yield curves, 5 years swap curves, performances review, asset allocation, asset duration, and account holdings. Ms. Klm Grant of Dubuque Bank & Trust accompanied Mr. Miller to the meeting. A schedule of investment managers/custodian fees along with a computation of total annual fees based on December 31, 2000 market values was distributed by Ken TeKippe. The requirement to utilize a custodian for managed funds was reviewed. An investment quote form for Certificates of Deposit developed by Ken TeKippe subsequent to his hiring was explained with a copy of the December 21, 2000 bid form distributed. Liberty Bank has recently been added as an eligible bank to invest with and has been awarded two competitive bids in 2001. The Commission reviewed the December 2000 quarter-ended investment reports prepared by Dawn Lang. Ken TeKippe indicated that the City has continued in recent months to invest in Certificates of Deposit when the U,S. Treasuries mature due to higher returns. A bond proceeds account has been established with American Trust and Savings Bank paying 6.35% interest monthly and will be utilized for the next year. 7. There was no communication from the public, commission or staff to report according to Ken TeKippe. 8. The next meeting of the Commission was scheduled for Thursday, Apd126, 2001, at 3:30 p.m. in City Hall. A representative from Firstar will be invited to the meeting. 9. Gary Ruden moved that the meeting adjourn. The motion was seconded by Steve Reisdorf and approved unanimously. The meeting adjourned at 4:28 p.m. From: To: Regarding: City of Dubuque, Investment Oversight Advisory Commission MEMBERS of the CITY COUNCIL OF DUBUQUE Quarterly Report In Accordance with Ordinance No. 50-92 (3) Sec. 2-231, City code, the City of Dubuque Investment Oversight Advisory Commission (IOAC) respectfully submits the 31st quarterly report. The IOAC members met on January 18, 2001. The transactions reviewed through December 31, 2000 appear to be in compliance with the Articles in the Investment Policy. Mel Miller, Senior Vice President and Chief Investment Officer with Dubuque Bank and Trust did a presentation to the IOAC. We had invited Dubuque Bank and Trust due to the significant time since their last presentation. Dubuque Bank and Trust's emphasis is the use of government agency bonds and CMO's in the portfolio they manage for the city. The portfolio maintains a short duration of 1-3 years. Mr. Miller did a good job of explaining how Dubuque Bank and Trust manages the portfolio. The IOAC did not receive any communication or questions f~om the public. Respectfully submitted, H M z Hiram Melendez Meeting Chairperson Investment Oversight Advisory Commission This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE 1. Name of Claimant: 5. Time of Inozdent: 7. DESCRIBE-~CCIDENTOR OCCURRENCE THAT CAUSED INJurY OR DAMAOE. (~ivefull. details upon~whichyou baseyourclaim. If a City e~ployee was involved, give the employee's n~une.) 9. ~ive n~e and address of any witnesseS~U~-~~ , 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~m~ge done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have,you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of 15. What amount do you claim from the City Of Dubuque? 16. Why~o you clai~m the City of Dubuque is responsible? 17. Have-you ~e ~- claim a~ainst anyone else for d~ges as a result of thi~ incident? ~ If yes, give name and address= 18. _v payme~tf~6~.that.~0urce' and if so, in what amount? ,If the answer to Question...~?.is, ye~ have you received any Iowa, this ~ '~ day of (Revised January, 2000) (Sigllature) 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 znfor=a,=on that supports your claim. The Claim must be filed with the City Clerk. 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 A~THORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OK WILL NOT BE PAID, 1. Name of Claimant: THOMAS J FRICK & MICHELLE M FRICK 2. Address: 3220 ASBURY RD, DUBUQUE IA 52001 3. TelephOne Number: 319-557-9569 4. Date of Inci~ent;~_ 1/05/01 ' 5. Time Of InCident: 3:30 P.M. Location of incident. (Be specific) CORNER OF 18TH ST & JACKSON, DUEUQ E IOWA 7, DESCRIBE'ACCIDE~ OR OCCURRENCE T~T CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City ~Io~ee was involved, give the employee's '~TY~,~~, P~LED FROM A STOP SIGN ON ISTH STREET ~AND~CKRTRE~ ~EEL&FE~EROF ~ICKVE~ICLE. CI~ ~PLOYEETICKETED ~.~ ~ wereweatherconditionslike? NOTACONTRIBUTINGFACTOR 9. Give name and address of any witnesses. N/A 10, 11. D£d police investigate? (If so, give names of officers,} YES, CITY OF DUBUQUE. OFFICERS KRAMER & SMITH cASE #0~'693 W~s anyone injured? injuries. ) NONE 'V (If so, g~ e nsec, address and extent of CITY OF DUB. CORP. CCbNSEL ~ 3~5564425 NO. 040 12. Was any damage done ko property? (If so, de~erlbe property end the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.} 1997 CHEVY K1500. ESTIMATE (OPEN END) $946.93 FROM RUNDE CHEVROLET 13. 14. What other damages do you clalm, if any? (USE OF A RENTAL VEHICLE WHILE VEHICLE BEING REPAIRED) Have you been compensated for any part or all of your claim by any insurance company? (If so, 'give-name and address of insurance company and a~ou~t paid. NO 15. What amount do you claim from the City of Dubuque? $946.93 PLUS (EST IS AN OPEN END ESTIMATE ON THE REAl{ AXLE) ALSO RENTAL CAR BUT DEPENDS HOW LONG IT WILL TAKE FOR REPAIRS 16. Why do you claim the City of Dubuque is responsible? CITY DRIVER PULLED FROM STOP SIGN & ~IT FRICK VEHICLE 17. Have you made any claim against result of this inoident? NO ~L If yes. give name and address: a~yone else for damages as a 18. If the answer to payment from that Question 17 is yes, have you received any source, and if so, in whe= aunount? Dated at DubUque, Iowa, )~K 2001 . this 9TH day o~ JANUARY (~in~ N~e) (Revised 9/90) 01/09/2001 09:5? FAX 1 319 65.3~$~085 FLYNN PRINTING ~.~01 DAMAGE ESTIMATE CUSTOM WORK . SANDBLASTING * FRAME STRAIGHTENING - r/earr~ Aumoriz~tion for ~pair ., , ~ec~ ~ ~ .... Hwy, 35 No~h TOWING ............................................ East Dubuque, IL 61025 747-3018 T~X .................................................... S ~-~ CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of 2. Address: 3~ ~~ 3. Telephone Number: 3/ Date o~ inCident:-~/ ' 5. Time of Incident: ///~ /~,f 6. Loca~ Of incident. (Be specifier ~/~ ~ ® DEScRIBE-AcCIDENT OR OCCURRENCE THAT CAUSED IN.,u~Y OR DAMAGE. (~ive full details upon~ which you base your claim. If a City employee was involved, give the employee, s name. ) What were weather conditions like? Give ~mme and address of any witnesses. ~ ~ 10. Did police investigate? (If so, give names of off.~6~s.~ ~ 11. Was anyone injured? ( o, give name, injuries.) address and extend--of 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach esti~tes of damages or describe basis for ascertaining extent of damage.) 13. What other ds~ages 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. 16. What amount do you claim from the City Of DUbuque? Why do you claim the City of DUbuque is responsible? ' 17. Have, you made-any-claim against, anyone else fOrdamagesas 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 f~om that-~ource,' and~if'-S~'~o~"-i~w~atam0~nt? Dated at' DUbuque, Iowa, this ~ clay of ~, , 20~/ (Revised January, 2000) (print Name) Date: 1/4/0'1 1'l:26 AM Estimate ID: 4339 Estimate Version: 0 Preliminary Profile ID: Mitchell BIRD CHEVROLET 3255 UNIVERSITY AVE. P.O. BOX 57 DUBUQUE, IA 5200'1 (3t9) 583-9121 Fax: (319) 556-4482 D~tage Assessed By: JOHN KLOTZ JR. Deductible: UNKNOWN Owner GROVE TOOL Mitchell Service: 914498 Description: 2000 Chevrolet Suburban K1500 LT Body Style: 4D Ut VIN: 3GNFKI6T6YG105734 Options: 4 WHEEL DRIVE Drive Train: 5.3L Inj 8 Cyl 4WD Line Entry Labor Line Item Part Type/ Item Number Type Operation Description Part Number Dollar Labor Amount Units I 401102 BDY REMOVE/REPLACE 2 AUTO REF REFINISH 3 AUTO REF ADD'L OPR 4 AUTO ADD'L COST 5 AUTO ADD'L COST L FRT DOOR REAR VIEW MIRROR L FRT DOOR MIRROR CLEAR COAT PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL 15757596 GM PART 150.00 0.2 # C 0.5 0.1 15.60* OAS * * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc Add5 Labor Sublet Labor Subtotals Units Rate Amount Amount Totals Body 0.2 40.00 0.00 0,00 8.00 T Refinish 0.6 40,00 0.00 0,00 24.00 T Taxable Labor 32.00 Labor Tax ~ 6.000 % 1.92 Labor Summary 0.8 33.92 II. Part Replacement Summary Taxable Parts Sales Tax Total Replacement Parts ~Jttount IlL AddItional Costs Amount IV. Adjuste~nts Non-T~xable Costs 16.08 Customer Responsibility Total AddItional Costs 16.08 ESTIMATE RECALL NUMBER: 11410111:24:20 4339 ~ UltraMate is a Trademark of Mitchell Intemstional Mitchell Data Version: ' DEC_00_A Copyright (C) 'IS94 - 2000 Mitchell Intemafional UitraMste Version: 4.6.004 All Rights Reserved 6.000% Page I Amount 150.00 9.00 '159.00 0.00 of 2 Date: 1/4/01 11:26 AM Estimate iD: 4339 Estimate Veraion: 0 Praliminary ProFile ID: Mitchell I. Total Labor: II. Total Replacement Parts: II1. 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 CHANGE 33.92 159.00 16.08 209.00 0.00 209.00 ESTIMATE RECALL NUMBER: 114/0111:24:20 4339 UitreMate is a Trademark of Mitchell International Mitchall Data Version: DEC_00_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4~6.004 Ali RkJhts Reserved Page 2 of 2 DA~E DR~V~~ S NAHE ADDRESS ClT~ STATE DRIVER'S LIC~E TO~'ING COI~ANY TI~4E LOC~TION STATE STATE DATE OF BIRTH ZIP CODE RESTHICTIONS ADDP,.ES S b ZIP CODE BODY V EltJ[C~E LICENSE ~ "~-'~' 7 ,..~/~,~ COLOR VIN / P~L~SENGER INSURANCE CO. ANY . INVESTIGATIN~ OFFICIO(S) NO. CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted, to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. (Give full details upon which you base your claim. If a City ~ployee was involved, give the ~ployee's n~e.) 11. Was anyone injured? injuries. ) 'enbnq nQ (If so, ~ive name, address and exten.~,~o~ 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. 14. What other damages do you claim, if any? ~~ Have you been compensated for any part or all of your claim by any insurance company? (If so, give na~e and address of insurance company and amount paid. ) 15. ¸ Wha~ amount do yOu claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is r~esponsible? 17. Have you made any claim, against anyone else for damages as a result of this incident? If, yes, gi~e 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~ 20~/ . this day of (Print Named (Revised January, 2000) K KAN?, KA}IM.EEN KEYWAY APi'~t DUBUQUE Di/Oa/Oi CAVALIE 62FA$.Y AUTHOBIZA?tON 07200089~436 PAC COURTESY Z ECT~ON ~O,OOO MILE TR~ADL~FE LTD NARR OZZO008O~9~ STE~S V$ ~ 0Y20001294~2 ROAO ~ZARD PENSKE T~RE INS[ALLAT%~N SERV% fNCLOOES TINE ~OUNiZN8 LtFE ~IME rlR~ ROTATION,VALVE $ LIFETIME ~HEEL BALANCE AND ROAD HAZARD PROTECTION ~ ~ 0t20008783Z8 TiRE DISPOSAL F¢E SiR& HAS Z SL£CES 'iN ~T. ASH REGISTER Z~PRINT REQUIRED ON 009 ,O0 ,OO OOS 1o00 L,OO t .OO INVOI~ WARRAN 1 5055~ 10,00 ,/ CASH "THE LEADER IN AUTOMOTIVE SERVICE" ~o ~u~x~ pu~ ss~:zpp~ '~u ~A:J5 'os ~I) &p~zn.[u~. ~uoAL~ (-s=~T.~o ~o s~m~u *A'~.J5 'os ~I) &e~BT~S~AUT. ~TIO~ p.~ 'II 'OI · =T~TD =noA s~aoddns ~q~ uoT~u~o~=T i~uoT~Tpp~ qD~ pum ITn~ =T u=zo~ sTq~ ~idmoD pinoqs noA '~moI ,~rubnqn~ 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~unendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS .£.w. AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 4. Date o~ Incident:' /-[~ 6. Location of incident. (Be speeific) ~s; (~ive full details upon which you base your claim. If a City employee was involved, give the eanployee, s name.) were wearner conditions like? 9. ~ive 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 d~m~ge done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim~ if any? 1~. Have ~ou been compensated for an~ ~art or all of your claim by ~y insurance company? (I~ so, give n~e ~d address of insurance company and ~o~t 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 ~d.e~ any claim against anyone else for damages~as a result of thzs incident? ~/~ If yes, give name and address: 18. If the answer to Question 17 .is yes, have you ~eceived any - payment fr~ that~-s0urce, ' a~' "if:-s0~'~ in'-w~{at amount? 2o0I / CITY OF DUBUQUE, IOWA MEMORANDUM January 18, 2001 TO: Barry Lindahl FROM: Kelly Larson ¢ SUBJECT: Ice Formation on City Hall I think Bill mentioned to you the damage to my car, which is the subject of the attached claim. I wanted to send a sh6rt note to suggest that, regardless of the response to my claim, the City evaluate whether the problem with icicle formation can be remedied. I am concerned that someone could be injured by the icicles that are forming. I realize that people do not tend to walk along that side of City Hall, reducing that possibility. However, had I been cleaning snow offofthe hood and headlights of my car when the ice fell, I certainly would have been injured. It appears from the ground that the ice is not flowing over the roof and jamming up the gutters - a problem we've heard much about this year. Rather, the ice seems to be forming behind the gutter, rendering the gutters virtually useless. If the formation of ice is a natural phenomenon we cannot control, that is one thing. But I do think we should investigate whether or not the problem can be alleviated, at least to some degree. Thanks for considering the problem - and watch where you park that fine vehicle of yours! Vi 'enbnqn, L[;:h 9t [o 3AiEO- U CLAIM AGAINST THE CITY OF DUBUQUE This writtenreport constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and reco~unendation will be submitted to the City Council. You will be provided with a copy of that report and recon~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. 1. Name of Claimant: ~/1 ~ I~O~ Dat. In,id.hr=' l ll )O0 J 7. DESCRIBE ACCID~ OR OCcu~CE ~T ~USED IN~Y OR D~E. (Give full details upo~ which you base your cla~. If a Ci=y ~ployee was involved, ~ive the ~loyee's n~e.) 8. ~a't Were weather conU~t~onsl~ke? ¥~(~ ¢ ~(/~ ~ 9. ~ive n~e ~d address of any witnesses. 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give name, ad, ess and extent of injuries.) 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of -J.'- - . . ~ ' . 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. 16. 17. What amount do you claim from the City of Dubuque? Why do you claim the City of Dubuque i,s~e~ponsible? Have. you 'm=,'~e ~'~y claim against anyone else for d~ges as a result of this incident? J~('/ , . ~es=ion ~.is ye~, ~Ye you reueived ~y..~ 18. If the answer to payment from' t~at ' Source, and if so, in. what amount? Dated at Dubucl~le, Iowa, this 20OO (Revised January, 2000) ' / . BEYER AUTO & COLLISION EPWORTH, IOWA 52045 '" Business Phone (319) 876-3613 Other ~. Home Phone (319) 556-7980 ~r~z_ ~ License NoJ Amt. Deduct Name ., Year Serial No. Mileage - Date ' R~- Re- Description Of Repairs And Replacements Pla~ Pair Hours Materials Net Items ~e a~ve is an estimate ba~d on our inspection and does not [ ~ver any additional pa~s or ta~r which may be r~uir~ a~er ~ ~. x )~.p~ ~. the work has ~n o~ned up. Oc~sionaliy after the work has ~, ~a~ed, worn or dama~d pa~s are di~vered which are not Pa~s s ~ss ~i~nt on the first ins~tmn. Be~u~ of this the a~ve prices ,~ are ~ guarantY, and are for imm~iate a~eptance only. Sublet and Ne{ Items ~G - Pai~ Pe~ance ~6me ~oarantee ROSS BODY SHOP FARLEY, IOWA 52046 (319) 744-3545 DATE PHONE. ADJUSTER PHONE BELOW IS OUR ESTIMATE TO REPAir MODEL LICENSE NO. SERIAL NO. AND/OR MOTOR NO. MILEAGE[ S~b Total Materials BY AUTHORIZATION FOR REPAIRS SIGNED DATE TO: FROM: DATE: SUBJECT: CITY OF DUBUQUE, MEMORANDUM Jeanne Schneider City Clerk Carol Gulick, Legal January 11, 2001 Lois Link Claim Dear Jeanne, Attached is a subrogation notice from Heritage Companies that has been putting down roots on my desk because I didn't know what to do with it. Barry says. File this in as an extension to the Lois Link Claim, which you don't have. Complicated enough yet? Also attached is a copy of a letter from Attorney Coyle, dated 12/6/00, which you filed in on Dec. 7, but not really as a claim. We are going to treat this letter as the claim because it was sent to Public Entity Risk Services, in a timely fashion I might add, and they assigned it a claim number. I'm sending the Heritage letter to PERS because once I get going I am really fast. Anyway, you can send a copy to MVM and Mike Koch. I guess we can use the December 7th date (when you filed the letter in) as the date of the now-official Lois Link Claim. drum roll please. Can we do an Ordinance that says that all claims that don't follow our rules can be thrown in your waste basket? H ERI TAGE Grcatwsy Insuran~ Company 2800 South Taylor Drive. PO Box 58. Sheboygan. Wt. 53081 920-458-9131 ext. December 18, 2000 City of Dubuque 50 West t3th Street Dubuque, IA 52001-4864 Your Claim No.: N/A Your Insured: N/A Our Claim No.:J13873 Our Insured: Monique Wilson Date of Loss: 09-17-00 Type of Loss: Medical Pmts. Slip and Fall Location: 997 MT Loretta Street Amount of Payment: $2500 Deductible (if applicable): Dear Sir or Madam: N/A Because of our payment of the above claim, we are looking to you for reimbursement. Our documentation in substantiation of this claim is enclosed. Separate drafts for the respective interests are requested. Please mail the ~rafts to the address lis~ed below: Heritage MutDal I~surance Company Claims Department PO Box 58 Sheboygan Wi 53082-0053 Your prompt consideration will be appreciated. Please be sure to include the above claim humbek on the payment~sL~_~ Sincerely, ~ Da~tz Cl~'ms Department Enclosure (s) K-lA1 (9-98) Clair J13873 DiSP,LAY HECHANiZED PAYMENT UPDATE Pdlicy F58570 WILSON, MONIQUE CLOSED .... Payment .... Date ~Dr 12 18 00 4092336 -- Current Payment -- Status Status Date ISSUED 12 18 00 Amount 2,500.00 Pay To LOIS LINK & FUERSTE CAREW COYLE JUERGENS a SUDMEI Mail To FUERSTE CAREW COYLE JUERGENS & SUDM Street 200 SECURITY BUILDING City DUBUQUE State IA In Payment of MEDICAL PMT FOR CLMT. Attachments N IRS Reporting: Service Dates invoice Nbr IRS Nbr 421169272 Type F Gross Pay Period Accounting Status Zip 52001 Pmt to Atty Y Select KLSNF05 AL KAELIN F~gi~eerlng Div~ion Dubuq~e~ Iowa (319) S8~149 FAX C~,RTIFIED NOTICE TO REPAIR SIDEWALK o5/24/oo MONIQUE WILSON 3126 CHADWICK DRIV~ LOS ANGELOS CA 90032 995 MT, LORETTA LOT 59 AND 1-60 OAK GROVE ADDITION ENC~: CONTRACTOR'S LIST Service People lnta§Hty Responslbllt~y Innovation Teamwork 323 227-776B 56? 8 8184 Account mber 0183203864 I~print Account Summary ' CharOs~ rot June ~°t*l 8print A~oum Summary 'Chmrgme Customer i. tormatio. Sprint Monthly Charges epr]nt Service thru Jun 19, 2000 Om~rl~lon 1. '"CARH~"UNI~SAL S~R~C~"CHAR( 2.--PRESUBSCRIB~D LINE CH~RO~ , 3, ~Fed~al Tax 4. ~taTe an~ ~o~al 'Tax ~l~ri~ it Invo|oe Ouu~ss llbsut your ~t~r;l~t bilE? Sprint Dial 1 Calls * DmfleltiC Dote Time Place end Number .... 8, May22' 8;53pm' ~I~RIETTA"'~A 5, "May26 i2:35prn 7. ~ay26 12:36pm DUBUQUE lA' ~. ~ay30 12:3~pm 9. ~ay30 'i2:34pm 10. May31 ' 11, 'Miy31 6~2'pm MARIETTA 12. Junlg 11:365m dUBUQUE IA 13. "3G'~'1~ a:30pm ~RlaTTA 14, ~bn~' 8:31pm ' ~RIETTA' Da~ ~rS.__May2O 7:Oaam UNITEDKG~MUK 1~. May2e 7:~2pm UNITEOKO~MUK 17,. M~y~9 7:oapm UNITEDK~MOK ~pri~ Oiscoun~ '.SPRI~ SENSE F~uet 18. ~ON~ DISTANCE CHARGE5 THIS M~ CAS~ ~ACK THI~ MONTH 20. PREVIOUS CASH BACK BALANCE .... 21. ~T CASH BACK' BALANCE 6693 OC4~/ lB 3232377768 667 9005i226~1 C062 ,lied _~(pe Rate Minutes Am~u~ 70 419-B764 D[I'~_ Night . 7.0. , -- ~70 19 55B:4270 Direct ' Ds~-- ...... 1.0 ......... 19 5~;427~-- Direct Day ~ 3~0 ::::: .'l~ 19 5a9-4149 Direct Day" ' i0 .2~ 19 5~-4270 ' Dtr'e~' Day ' 30 .7~ ' 19 556-4~7 DJre~ Day '2.0 ' ,50 ' 70 ~9-9794 Dlre~ Night ,41.0 ~:'1~ ~s 580-4270 o ~e~ Day 2,0 70 ~19-~7~4 Dire~ Nifl~t' ' 1~0 ~0 41~':9704' , Direct Nt~ht %0 .10 ~4~ ~527 ~ r=ct .., ' 25:0 ~ 44't ~52775025 Dreot Ec~ 1.O 1,1I 441752775025 '" 0irect Econ 1,0 1,1~ $62.36 $~,24, $127.26 $133.50 RTEN 8205 · · I mhe~ 016;203664 Sfas :remit Date Jun 2, 2000 SprJl t Invoice Nam Dar 05077207 Sprint Account Summery Da~r~tlon ..... Ch~'i~id-f°~-Ma Y .... thoro--'~cai T~I 8print A~unt 8umma~ , Custnmer Information · lavolce Charges for May Sprint Monthly Charges Sprint Service thru May 18, 2000 Page :1 Qtle~licll about your Sprh,t bill? aas-361-8704 allld T_~V~_! RIt~ Minutes Amount ~2'~ .... ~irect '-'~y -- $-4.-40-- ~'-i'22 ,aB .iiii!i ii i ::i: i:i.i!:i i,!:!:!.i.!:!.i=¥ i=i,i?.i.i:i:?: .i.i..?:i:!! 'Int. Pacific Ball hca no affiliation services ,~escrlbed herein, I 6671 aC4? 10 3232277768 ;67 9003221 31 COG2 RTEN 8294 3469 Advettisementa ere p~id for by $1 with OprJnt and cam~ot endorse, r* 12, --i~TJRRENT - L'-A-~ R "a-A-C k' -a'A L-A' RC F' .... 1o, "~:Sgbq¥-I~'A"~ g' TF~I'~-M Dior FF~ .... 11. ~TiE'v~IO'D'~'"'C'A"~[-I'-'B-A-CE'' ,__Date Time Place and Number 7. ~aylo 2:07Dm~GOE, IA Date Time Sprint Discounts ~$PRINT SENSE Pr~u~ ~r~tlen ~ON~ DT~NC~RA~G~Rt~ _ _~elcrletlon Amou-' ~. PH~UBaC~IBEB 'EINE"~HAR'GB ........................................................ ~'~ ' :'"'":':" '?'" ':': '"'" :?" ':"':~::';':'"' :'"':'~" ~":':'~':':~':':: '~.~: ?':~'?;?]'??~'~' ~'" ':~ '~:" ':¥:':':'~:' ':':' ':'$'~: ~;~:~;~:':':':'rr: :':~:~ r r 2':~':':'~;~::~::: :~:~:;:' ~: ::~: ~ ~ ~ ~;~ =~ ,~ =: ~.'.~ Sprint Dial 1 Calls 323 227-7768 5~7 g 8184 ~t ~unt ~pri~t ~mber 0183203664 Numb. 'Sprint Account Summary Dee~.rlFtlo, -- Cherries tbr April Tot/! Sprint A~ou~ 8u~i~ Chlrge~ Cu~omer Informotlon *invoice ~a~.s for ~t Sprint Monthly ~arges Sprint ~ervice thYu Apr 19, 2000 2. ~RES~SCRI~D LINE CHARGE ~. Federal Tax Sprint Dial 1 Calls mt Dote i Page 2, 2000 04077310 /~0-467-7746 Amount Dete '['lh~ Place end Number Ce iad Typo Rote Mlnflleo Amount -f.-'NT~2I~'" 3:Sq[~ MARIETTA 7. Apr 2 8~SDm 'MARIETTA ~A 7 · p Sprint Discoun~ · SPRINT SENaE F~du~t Summe~ Amau~ 10, CASH BACK THIS MONTH ~.~ 12. ~ANCE .......... AdveAJeemen~ are paid for by Spr ~. Pacific Bell ha= no ~ffiliatlon wl~h 8prl~ and ~an~t endorse, fcc)emend or warrant any products services dea=ribed herein. g 6649 BC47 lC 3232277768 GG7 g003228:~1 C062 RTEN 9291 g2sg i ?,?:~. Ms. Monique Wilson 3126 Chadwick DHve Los Angeles, CA 90032 Dear Ms. Wilson: May 23, 2000, the City of Dubuq Loretta, Dubuque, Iowa, and determine¢ neede.d corree, tion. As of S. eptember 17, our cheat, Lois M. Link, tripped and fell ask that you notify your insurance carrie MJC:dh cc Lois M. Link L lw Offices Of FUERSTE, CAREW, Co~ [.E, ]UERGENS & SUDMEIER, P.C. 200 S !¢UR1¥¥ BUILDINO 1 ~ l ~ST 8TE STREET DUaU~, IOWa 52001-6832 .. OctOber 12, 2000 019) ~56-?134 '"'"'---,.... f~cjs~mwct,net ae inspected a sidewalk in front of 997 Mt. hat there were certain deficienoies which 2000, you had not made the required repair and as a result of the condition of that sidewalk. We to make contact with the undersigned laWYer. Very truly yours, FUERSTE, CAREW, COYLE, JUERGENS & SUD,ME!ER, P.C. MICHAEL J. COYLE WILLIAM C. FUERSTE ALLAN J, CAREW MICHAEL J. COYLE STEPHEN J. JUERGENS ROBERT L, SUDMEIER* DOUGLAS M. HENRY MARK J. WILLGINO MICHAEL J. SHUBATT* * NORMAN J. WANOBERG A. THEODORE HUINKEK DANITA L, GALDICK · Law Offices Of FUERSTE~ CAREW~ COYLE~ JUERGENS & SUDMr, IER~ P.C. DUBUQUE, IOWA 52001-6832 ' IX TELEPHONE: ~ (319) 556-4011 ~ TELECO?IER: October 30, 2000 X (319) 556-7134 X (0~~~~~ ~Q ..~' f¢cjs~mw¢i.net Mr. Mike Loveless Ludovissy & Associates 787 West Locust Dubuque, IA 52001 Re: Lois Link D/Injury: September 17, 2000 Dear Mike: We represent Lois Link who was walking down a City of Dubuque sidewalk in front of 997 Mt. Loretta in Dubuque when she fell on concrete which was broken and displaced. The property is owned by Heritage insured, Monique Wilson. We wrote to Ms. Wilson to ask if she could not tell us about the identity of her insurance company so we could seek any med pay benefits that might be'available ~o our client. Would you please advise. MJC:dh cc Lois Link VcW truly yours, FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. BY: Law Offices Of I~'UERSTE~ CAREW~ COYLE~ JIJERGENS & SUDMEIER~ P.C. 200 SECURITY BUILDING 151 WEST 8TH STREET DUBUQUE, IOWA 52001-6832 WILLIAM C. FUEKSTE ALLAN J. CAREW MICHAEL J. COYLE STEPHEN J. JUEKGENS ROBERT L. SUDMEIER* DOUGLAS M. HENRY MAR~K J. WlLLGING MICHAEL J. SHUBATT* NORMAN J. WANGBERG A. THEODORE HUINKER DANITA L. GALD1CK December 6, 2000 TELEPHONE: (319) 556-4011 TELECOPIER: (319) 556-7134 fccjs~nwci.net Ms. Jeanne F: Schneider City Clerk City Hall 50 West 13th Street Dubuque, IA 52001 Re: Lois M. Link Dear Clerk Schneider: We represent Lois Link who was seriously injured in a fall on September 17, 2000, while she was walking on a city sidewalk in front of 997 Mt. Loretta. While she is still recovering from surgery, we would be able to provide the City's representative with a considerable amount of information about the incident and injury. Kindly pass this letter on to the appropriate person. MJC:dh eo!ljO ~,: :910 Og :0I f,I~ £- 33!:I O0 Very truly yours, FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. By:&" MICHAEL J. COYLE 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~Lendation. 3. Telephone Number: 4. Date of 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. Location of incident. (Be specific) DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INou~{Y OR D~GE. (Give full details upon which you base your claim. If a City ~ployee was involved, ~ive the ~ployee's n~e.) / 8. What were weather conditions like? /~ 9. Give na~%e and address of any witnesses. 10. Did police investigate? 11. Was anyone injured? (If so, injuries.) (If so, give names of officers.) give na~,~/~extent of 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque? 16. Why do you claim tbs City of Dubuqus 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 pa!rment from that source, and if so, in what Dated at Dubuque, Iowa, this /~ day of ~ 20 ~/ (Revised January, 2000) ~ ~nature) (Print N~me) ~(/~, ~ 14:18 3195579848 PORTZEN CONSTRUCTION INVOICE NUMBER: INVOICE DATE': CUSTOMER NO: TERMs: DUE UPON RECEIPT PAGE 02 PAGE: 0004057-IN MERCY INVOICE TOTAL: 177,0O 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 'A'a= AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETn~R YOUR CLAIM WILL OR WILL NOT BE PAID. i Name of Claimant: KIM MESCM 2 Address: 432½ EMMETT STREET, DUBUQUE, IA 52001 Telephone ~,~her: 319-556-3351 Home 319-557-0511WorkkNights Date o2 Incident: January 25, '2002 '" Time of Incident: Locati°~ Of incident. 432 Emmett, Dubuque, 11:11 AM {Be specific) Iowa DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED IN0U~Y OR DAMAGE. (Give full details upon~which you base your claim. If a City employee was involved, give the -mp. loyee's name.) Auto was properly parked when struck by a garbage truck owned by City of Dubuque and driven by Michael K. Clancy, 925 Kerper Blvd., Dubuque, IA - What were weather conditions like? Sunny and clear ~ive kame and address of any witnesses. Names unknown, other city employess On truck with ~iger 10. Did police investigate? (If so, give names of officers.) Yes, Schmeichel, Badge No. 37 11. Was anyone injured? (If so, give ~me, address and extent of injuries.) No 12. Was any damage done-to property? (If so, describe property and the extent of d~mage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 1998 Dodge Ne0h - Right front bumper $367.41 13. What other damages do you claim, if any? None 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 6f Dubuque? $367.41 16. Why do you claim the City of Dubuque is responsible? ~it properly pa~'~d C'ar. 17. Have~ you made~ any~ claim against anyone else~for damages as a result of this incident? No If yes, give name and address: i8. If the answer to Question 17 ~s yes,. have y~u received any - pa~e~ fr~+~ th~ ~oUrCe, a~a'if-so, ~.7'w'h~ am0~u~t? Dated_at Dubuque~ Iowa, this 26~h day of January (Signature) ' ' Kim Mesch (Print Name) (Revised Janua~, 2000) WILSON BROS. DODGE 90 JFK DUBUQUE, IA 52002 PHONE: (319)583-5781 CD LOG NO 953-1 DATE 01/25/01 SHOP: WILSON BROS AUTO BODY ADDRESS: 90 JFK FED TAX ID 420779647 CITY STATE: DUBUQUE, IA ZIP: 52002- INSP DATE: CONTACT: PHONE 1: PHONE 2: FAX: oi/o5/oi JASON CHARLEY (319)582-6969 (319)583-5781 (319)556-6928 EXT 230 OWNER: MESH, KIM ADDRESS: 432 1/2 EMMETT CITY STATE: DUB, IA ZIP: 52001- HOME PHONE: (319)556-3351 POINT OF IMPACT: 9 LIC~: BODY COLOR: RED CONDITION: STATE: VIN: MILEAGE: ACCTNG CTL~: 1B3ES47C2WD566557 *=USER-ENTERED VALUE EU=SALVAGE PART IT=LABOR PARTIAL REPAIR N=ADDNL I~ABOR OPERATION AA=APPEARANCE ALLOWANCE RI=R&I ASSEMBLY E=NEW PART EP=SEE PX REPORT I=REPAIR/ALIGN/SUBLET P=CBECK RP=RELATED PRIOR D~qAGE EC=ECONOMY PART ET=LABOR PARTIAL REPLACE L=REFINISH TE=PART/PARTIAL REPLACE UP=UNRELATED PRIOR DAMAGE 1998 DODGE NEON HIGHLINE 4DR SEDAN N1823B/D OPTNS K/24AI OPTIONS: TWO-STAGE - EXTERIOR SURFACES TINTED GLASS TWO-STAGE - INTERIOR SURFACES POWER STEERING OP GDE MC DESCRIPTION I 0017 01 COVER, FRONT BUMPER L 0017 09 COVER, FRONT BUMPER E 0019 RET,FRT BUMPER COVER E 0107 SKIRT, INNER FENDER I M60 HAZARD. WSTE. REM. EC MISC CLIPS. ETC EC SHOP SUPPLIES MFG.PART NO. PRICE AJ% HOURS R REPAIR 1.0~1 REFINISH " 3.6 4 LT 5263821 5.75 1.1 1 LT 5256933 19.85 0.3 1 SUBLET REPAIR 4.00* ECONOMY PART 5.00* ~I~ ECONOMY PART 2.50* *1* 7 ITEMS MC MESSAGE(S) 01 CALL DEALER FOR EXACT PART NUMBER / PRICE 09 INCLUDES 0.6 HOURS MAJOR PANEL TWO-STAGE ALLOWANCE FINAL CALCULATIONS & ENTRIES GROSS PARTS 25.60 PAGE 1 19~8 ~DGE NEON LOG NO 953-1 HIGHLINE 4DR SEDAN OTHER PARTS PAINT MATERIAL PARTS TOTAL TAX ON PARTS @ 6.000% 7.50 86.40 119.50 1.99 LABOR I-SHEET METAL 2-MECH/ELEC 3-FRAME 4-REFINISH 5-PAINT MATERIAL LABOR TOTAL TAX ON LABOR SUBLET REPAIRS TAX ON SUBLET TOWING STORAGE RATE 38 00 48 00 41 00 38 00 24 00 REPLACE HRS REPAIR HRS 1.4 1.0 91.20 3.6 136.80 228.00 @ 6.000% 13.68 4.00 @ 6.000% 0.24 GROSS TOTAL 367.41 NET TOTAL 367.41 ADP SHOPLINK UB303 ES CD LOG 953-1 DATE 01/25/01 02:22:54PM R6.1 PXN:N/00/00/00/00 CUM:/// HOST LOG COPYRIGHT 1999, AUTOMATIC DATA PROCESSING, INC. CD 01/01 1.1 HOURS WERE ADDED TO THIS ESTIMATE BASED ON ADP'S TWO-STAGE REFINISH FORMULA: 20% OF REFINISH HOURS, AFTER OVERLAP, PLUS 0.6 HOURS FOR THE FIRST MAJOR PANEL, WHERE NOTED. PAGE 2 01/25/2001 at 08:23 PM 24443 Job Number: ABRA - DUBUQUE Federal ID ~:420782245 DBA: ANDERSON-WEBER INC 3400 CENTER GROVE DR DUBUQUE, IA 52003 (319)556-0696 Fax: (319)556-1899 PRELIMINARY ESTIMATE Written by: KEN GREEN %24443 Adjuster: Insured: KIM MESH Owner: KlM MESH Address: 432 1/2 E594ETT ST DUBUQUE, IA 52001 Day: (319)556-3351 Claim % Policy % Deductible: Date of Loss: Type of Loss: Point of Impact: Inspect Location: Company: Days to Repair 1998 DODG NEON HIGHLINE 4-2.0L-FI 4D SED RED Int: VIN: 1B3ES47C2WD566557 LiC: Prod Date: Odometer: 30568 Rear Defogger Intermittent Wipers Body Side Moldings Clear Coat Paint Power Steering Power Brakes Driver Airbag Passenger Airbag Cloth Seats Bucket Seats NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 2 3* 4 5 6 7 8 9 10~ 11# FRONT BUMPER R&I R&I bumper assy 0 0.00 1.0 0,0 Rpr Cover assy smooth finish w/o f 0 0.00 1.5 2.4 Add for Clear Coat 0 0.00 0.0 Repl LT Cover assy side bracket 1 5.75 0.0 0.0 Repl Cover assy screw 1 1.10 0.0 0.0 Repl LT Cover assy rivet front 1 2.20 0.0 0.0 FENDER Repl LT Fender liner 1 19.85 0.3 0.0 Subl HAZARDOUS WASTE DISPOSAL 1 4.00 X 0.0 0.0 COLOR TINT 1 0.00 T 0.0 0.5 Subtotals ==> 32.90 2.8 3.9 01/25/2001 at 08:23 PM Job Number: 24443 PRELIMINARY ESTIMATE 1998 DODG NEON HIGHLINE 4-2.0L-FI 4D SED RED Iht: Parts 28.90 Body Labor 2.8 hrs @ $ 38.00/hr 106.40 Paint Labor 3.9 hfs @ $ 38.00/hr 148.20 Paint Supplies 3.9 hrs @ $ 24.00/hr 93.60 Sublet/Misc. 4.00 SUBTOTAL $ 381.10 Sales Tax $ 283.50 @ 6.0000% 17.01 GRAND TOTAL $ 398.11 ADgI3STMENTS: Deductible 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 398.11 WARRANTY VALID ONLY WITH ORIGIONAL COPY OF YOUR RECEIPT PARTS SUBJECT TO INVOICE NO GUARANTEE ON RUST ALL PARTS NEW, UNLESS OTHERWISE NOTED Estimate based on MOTOR CRASK ESTIMATING GUIDE. Unless otherwise noted all items are derived from Pathways - A product of CCC Information Services Inc. CLAIM AGAINST THE CITY OF UBUQUE ~ ' / This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO W~u~THER YOUR CLAIM WILL OR WILL NOT BE PAID. 4. Date 02 Incident: e e Time of Incident: DESORIBE-~oOIDENTOR OCClIRRENCE'THAT cAUsED INOOkY OR D~E. (~ive full details upon which y~ base your cla~. If a City ~loyee was involve~, ~ive the ~loyee's n~e.) 8. What were weather conditions like? 9. Give ~me 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 damage done to property? (If so, describe property and the extent of d~mage. Attach estimates of damages or describe basis for ascertaining extent of damage.) ~at o=her d~ges do you claim, if ~y? any insur~ce compan~ (If so, give n~e an~ address of insurance company and ~o~t paid.) 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have~ you made? a~.y~ claim against .anyone~ ~else for damages as a result of =hi. xncident? Nob If yes, give name and address: 18. if the answer tO Questi0n_~7.is yes, haYe.you received any ' 'Pa~eht f~ that'~Ource, and if so, in what amount? Dated at' Dubuque,' Iowa, 0% v? (Revised January, 2000) . ( Pr i~nt Name) J~N~24-OI ~ED 0@:40 ~M DUBUQUE CITY CLERK F~X NO, 3195890890 P, CLAIM AGAINST ,.==-~ CITY OF DUBUQUE ;,;ritten report const:: t~l:e:~,; your claim against the City of You should co.~pl~ts this form in full and attach in£oz?aatio~ that ~;u]pDorts your claim, 'i'h-:,'.' Cls. i~. ~u.o~: be filed ~,xLth the City Clerk at City }tall, 50 %~,'%-~zt 13th ~t:~e~t, Dubu~e, I<~wa 52001-4864. It will then be r(,~[~-~r'~ad by the City Cou-~cil to tke appropriate Department for inv.i~ti~f~:'ltio~_. Once that invo~tig~tion i.s ~ompleted, a report mm~ reCOa~en~iat~.on will be s~mitted to the City Co, cit. You will b~ If-L; FINDJ., D~,CIS-ON O~ ALL CLA...~S 'IS MADE BY THE CITY COUNCIL. ~O f.TMPLO'ff[,JE OF T~'~ CiTY O~' DU~:~UQUE ~S ~HE AUTHORITY TO ~E ~ ~CL9~. ~,]'T~,T!ON TO YOU A.S TO ~.:'~T~5:k YOUR C~IM WILL OR WILL NOT BE Date of I~'~,cident: Jr_.~,3,-O~ LoC~%,~:iO~I of incident. (}.~e specific) DESCR!BI~ ACCID~ OR OCCU"U~.I~N~E ~T CAUSED IN~Y OR ~(Giv~ full det~l~ upon ~,~hich you base your claim. If a City employc~ was involved, g~.ve the employee's n~e.) ¥~hat ~,,e,~.'e weathe~ ¢ondit.iLons lika? ~ive names of officers.) (If ~o, give n~, a~ess and ex~ent of JAN-24-O1 WED 09:40 AM DUBUGUE CITY OLERK FAX NO, 3195890890 P, 02 12. .... U ~my d~%a~e done to p~;operty? (If so, describe property 14, l'{,~.,Ve y~.~u been comDensated for any part or ail of your claim by ~u~3/ ~nsurancs company? (If ~o~ give name and address o~ 1.5. %~h~,'t a%~unc, do you claim f3:(~ the City of Du3uuque? Why do yo~% claim the City o'~ Dubuque is responsible? 17. ~ave you ~.~i~.cte any clai~ ;:.g~inat anyone else for damages ~'.'~u].t of th!s i~-~cident? /%/0 18, If tt~ ans.'er t~ Question 19 is yes. have you received any pziy:~'r~,t f~'Om that ~ource~ a.~%~t if ~o, in, what ~mount? Date: 1~24/01 02:05 PM Estimate ID: 4465 E~tlnate Version: 0 Preliminary Profile ID:. Mitchell BIRD CHEVROLET 8265 UNIVERSITY AVE, P.O. BOX 57 DUBUQUE, IA 62001 (319) 683-9121 Fax: (319) 6O6-4482 DamageAsse~;sedBy: JOHNKLO"I'ZJR. Deductible: UNKNOWN Owner BRYAN NOEL Address: 275~ PATO$1 DUBUQUE, IA 52003 Telephotos: Home Phone: (319) 599-6997 Mitchell Service: 916492 Desc~ion: 1994 Chevrolet S18 LS Body Style: 2D Plcup 6' Bed 108" WB VIN: 1GCDT14WIRK130240 Options: 4 WHEEL DRIVE Drive Treln: 4.3L InJ 6 Cyl 4WD Une Entry Labor Item Number Type Operation Line Item Part Type/ D~llar Labor Amouat Units I 626O20 REF REFINISH 2 6'29830 REF REFINISH 3 AUTO BDY OVERHAUL 4 629900 BDY REMOVE/REPLACE 5 AUTO REF REFINISH 6 829920 BDY REMOVE/REPLACE 7 629938 BDY REMOVE/REPLACE 8 629948 BDY REMOVE/REPLACE 9 629960 BDY REMOVE/REPLACE 10 AUTO REF ADD'L 11 AUTO ADD'I. COST 12 AUTO ADD'[. COST R REAR BUMPER EXTENSION L REAR BUMPER EXTENSION REAR BUMPER ASSY REAR BUMPER FACE BAR REAR FACE BAR R REAR BUMPER STEP PAD L REAR BUMPER STEP PAD R REAR OTR BUMPER BRACKET L REAR OTR BUMPER BRACKET CLEAR COAT PAINT/MATER]ALS HAZARDOUS WASTE DISPOSAL 12389361 16547818 1~47817 1~47614 15647813 GM PART GM PART GM PART GM PART GM PAR? C C 0.6 U 199.80 INC C 1.1 8.60 INC 8.6O INC 8~3 INC 8.33 INC 0.7 78.60 * 2.62 * * - Judgement Item C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 1/24/0114:01:39 4466 UltraMat~ Is a Trademark of Mitchell International Mitchell Data Ve~lon: JAN_Ot_A Copyright (C) 1884 - 306O Mitchell Intemnilonel UitraMat~ Version: 4.$,004 All Rl~lhts Reserved Page I of 2 Date: 1/2410t 02.03 PM Estimate ID:. 4465 IEstlmate Version: 0 Preliminary Profile ID: Mitchell I. Labor Subtotals Units Body 0,9 42.OO Refinish 3.0 42.00 Add~ Labor Sublet Rate Anmunt Amount Totals 0`00 0`00 37.80 T 0.00 0.00 126,00 T Taxable Labor Labor Tax ~ 6.000 % Labor Summary 3.9 IlL Additional Costs Non.Taxable Costs Total Additional Costs 163.80 9.83 173.63 II. Pad Replaceme~ Summaw Taxable Pada Sales Tax ~ Total Rep~cement Pads Amount Amount IV. Adjustments 8052 Customer Responsibility 8O.52 I, Total ~ 11, Total Replecernant Pair=: Ill. Total Addbional Costs: Gross TMal: Amount 232.86 13.97 246,83 Amount 0,00 173.63 248.83 80.52 S00.98 IV. Tntal Adjus~nunts: Net TMaI: 0.00 500.98 This is a preliminary estimate. Additional chanqes to the estimate may be ~quired for the actual repair. PA~TS PRICES ARE SUBJECT TO C~ANGE ESTIMATE RECALL NUMBER: 1/24/01 14'01:39 4466 UltraMnte Is a Trademark of MItc~JI International Mitchell Data Version: JAN_01_A Copyright (C) 1994 - 200e. MIf~e# Intemstlonal UItraMate Version: 4.6.004 All Rights Re~erved Page 2 of 2 FED ID %42-0813744 Date: tl24/0t 02.25 PM Estimate ID: 4117 Estimate Version: ti Pndlminarj Profile ID:. Mitchell RICHARDSON MOTORS 1475 J.F.K. ROAD DUBUQUE, IA 52002 (319) ~2~411 Fa= (319) 582-4129 Damage Assessed By: JEFF LEICK Deductible: UNKNOWN Insured: BRAIN NOEL Address: 2755 POTOS! ST DUBUQUE, IA 52003 Mite, heft Service: 916492 VIN: Options: 1994 Chevrolet S10 LS 2D Pkup 6' Bed 108" WB tGCDTt4Wt RKt30240 4 WHEEL DRIVE Drive TrsJn: 4.3L Inj 6 Cyl 4WD Uae Est:~y Labor Item Number Type Op~rs~lon Line Item Description PartType/ Dollar Labor Part Number Amount Units I 601987 REF REfiNISH 2 6~0535 REF REFINI~rH 3 601488 BOY REMOVIEREPLACE 4 AUTO BDY OVERHAUL 5 629900 BDY REMOVE/REPLACE 6 AUTO REF REFINISH 7 629930 BDY REMOVE/REPLACE 8 629940 B~Y REMOVE/REPLACE l~ 629950 BDY REMOVE/REPLACE t0 AUTO REF ADD% OPR tl 933018 REF ADD'L OPR 12 AUTO ADD'L COST 13 AUTO ADD'L COST VALANCE PANEL BED TAILGATE OUTSIDE HINGE SHAFT REAR BUMPER ASSY REAR BUMPER FACE BAR REAR FACE BAR L REAR BUMPER STEP PAD R REAR OTR BU~PER BRACKET L REAR OTR BUI~PER BRACKET CLEAR COAT MA~K FOR OVERSPRAY PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL 1~961603 GM PART 12389361 GM PART 16647617 GM PART 15647614 GlUl PART 15647613 GM PART C 0.8 C 1.9 8.77 0.1 0.9 199.00 INC C 1.1 8.60 INC ti,33 IN¢ 0.3* 127.40 * 6.00 * * .~ludgement Item ~t. ~ncluded in Clear Coat Ca;c ESTIMATE RECALL NUMBER: 1124/0t t4;17:08 4117 Ultre~ate is a Trademark of Mitchell International Mitchell Data Vmsion: JAN_01_A Copyright (C) 1994 - 2000 Mitchell International UltraMete Vsmlen: 4.6.004 All Rights Reserved Page I of 2 Date: 1/24/01 02:25 PM Estimate ID:. 4117 Estimate Version: 0 Prsllrnibmy ~J~l~ ID: MitchMI L Labor Subtotals Units Refinish 5.2 40.00 Add'l Labor Sublet Rate Amount Amount 0.00 0.00 0.00 0.00 Tremble Labor Labor Tax ~ 6.000 % Labor Summery 6.2 HI. Additional C,0~l:s Taxable C~'te Sale~ Tax Non-Taxabis Costs 6.000% Total Additional Costs Totals 40.00 T 20800 T 248,OO t4.88 362.88 6.00 O.36 127.40 133.76 II. Part Replacement Summary Ta~abis Total Replacemont Parts Amount Customer Responsibility Amount 247.0t Amount 0.00 L Tnta~ Labor: fl. Total Replacement ~ IlL Total Additional Costs: Gross Total: 262.88 247.01 133,76 643.66 IV. Total Adjustmenta: Net Total: 0.00 643,66 This is a preliminary estimate. Additional chan~.es to the estimate may be mauired for the actual re~air. ESTB4ATE RECALL NUMBER: 1/24/01 14:17:08 4117 UttraMnte Is a Trademark of MitChell In~rnatisnal Data V'emio~: JAN_01_A Copyright (C) 1994 - 2000 Mitchell International 1.6traMnte Version: 4:6.004 All Rights Reserved Page 2 of 2 01/23/2001 at 10:33 PM 30799 3ob Number: BRI~%~R AUTO BODY License #:30799 Federal ID #:421438480 10727 3OHN F. KENNEDY RD DUBUQUE, IA 52001 (319)583-4456 Fax: (319)583-1838 PRELIMINARY ESTIMATE written by: ERIC WINCH Adjuster: Insured: BRIAN NOEL Owner: BRIAN NOEL Address: 2755 POTOSI DUBUQUE, IA 52003 Day: (319)543-2103 Claim ~ Polic~ # Deductible: Date of Loss: Type of Loss: Point of Impact: 6. Rear Inspect Location: Company: Days to Repair 1994 CHEV T10 4X4 6-4.3L-FI 2D SHORT BLK Iht: VIN: 1GCDT14W1RK130240 Lic: Prod Date: Odometer: Intermittent wipers Tinted Glass Dual Mirrors clear Coat Paint Power Steering Power Brakes Anti-Lock Brakes (4) NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 REAR BUMPER 2 O/H rear bumper 1.2 3 Repl Face bar production w/step 1 199.00 Incl. 1.5 4 Add for Clear Coat 0.6 5 Repl RT Outer bracket 1 7.60 Incl. 6 Repl LT Outer bracket 1 7.60 Incl. 7 Repl RT Inner bracket 1 7.60 Incl. 8 Repl LT Inner bracket I 7.60 Incl. 9 Repl RT Step pad 1 8.60 Incl. 10 Repl LT Step pad 1 8.60 Incl. 11 Repl Filler 1 32.75 0.4 1.0 12 Add for Clear Coat 0.4 N 13# Rpr BUFF TAILGATE 1.0 14 Repl LT Extension w/o molding 1 42.75 0.3 0.5 15 Add for clear coat 0.1 Subtotals --> 322.10 2.9 4.1 Line 13 : OPEN TO REFINISH 01/23/2001 at 10:33 PM 30799 1994 CHEV Job Number: P~ELIMINARY ESTIMATE T10 4X4 6-4.3L-FI 2D SHORT BLK Iht: Parts Body Labor Paint Labor Paint Supplies Body Supplies 322.10 2.9 hrs ~ $ 40.O0/hr 116.00 4.1 hrs Q $ 40.O0/hr 164.00 4.1 hrs Q $ 25.00/hr 102.50 1.0 hrs ~ $ 2.50/hr 2.50 SUBTOTAL $ 707.10 Sales Tax $ 602.10 ~ 6.0000% 36.13 GRAND TOTAL $ 743.23 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY $ 0.00 INSURANCE PAY $ 743.23 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide DR1GD94. Database Date 9/2000. Double asterisk(**) items indicate parts supplied by a supplier 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. Dubuque, Iowa. any additional This written report constitutes your claim against the City of You should complete this form in full and attach information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13~h Street, Dubuque, Iowa 52001-4864. It will then he 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 recoum%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 W~ETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: 2. Address: 4. Date of Incident: 5. Time of Incident: 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 n~une.) 8. What were weather conditions like. 11. Was anyone injured? (If so, give name, address and extent of injuries. ) 12. Was any damage done to property? (If so, describe property and the extent of damage. Attach estimates of damages or describe basis for ascertaining extent of damage.) 13. What other d~ges do you claim, if any? , .... /// - j 14. Have you been comp~knsated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. 16. What amount do you claim f~om the City of Dubuque? Why ~ yo~claim the City o~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? at Dubuque, Iowa, this Dated 2001. day of /~c7_~/~ (Revised January, 2000) CLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. It will then be referred by the City Council to the appropriate Department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 3. Telephone Number: 3 t~- 4o Date of Incident: (/~/~ ~, ~.~ ~ 5~ Time of Incident: ~ ,~]-.'/J 6. Location of incident. (Be specific)~ 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJTJRY O~ DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name. ) ~. Give name and address of any witnesses. 10. Did police investigate? (If so, ~ive names of officers.) 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 da/nage. ) -- . .. 13. 14. What other damages do you claim, if any? Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. 16. What amount do you claim from the City of Dubuque? 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 ~swer to Question 17 is yes, have you received any pa~ent from that source, ~d if so, in what Dated at Dubuque, Iowa, this 200~ ._~ fl.) (Revised January, 2000) day (Si~nature)~ - (Print Naune ~ Date: I!15i0t 12:19 PM Estimate ID: 4!73 Estimate Version: 0 Preliminary Profile ID: DUBUQUE MIKE FINNIN FORD, INC. 3600 DODGE STREET DUBUQUE, IA 52003 (319) 556-1010 Fax: (319)556-5249 Tax ID: 42-1074463 DamageAssessed By: RICK STUMPF Deductible: UNKNOWN insured: SUSAN WALGAMUTH Address: 320 NORTH HILL DUBUQUE, IA 52001 Teiephone: Home Phone: (3t9) 556-7853 Mitchell Service: 910617 Description: t989 Ford Probe GL Body Style: 2D HB ViN: tZVBT20C5K5274934 Drive Train: 2.2L Inj 4 Cyi 4A Line Entry Labor Line Item Part Type! item Number Type Operation Description Part Number I 008g00 REF BLEND L FENDER OUTSIDE 2 g20255 ~DY REMOVE/REPLACE L FRT DOOR REPAIR PANEL E92Z 6120201 A 3 AUTO REF REFINISH L FRT DOOR OUTSIDE 4 AUTO REF REFINISH L FRT ADD FOR JAMBS 5 020340 BDY REMOVE/REPLACE L FRT DOOR ADHESIVE MOULDING ORDER FROM DEALER 6 020660 BDY REMOVE/REPLACE L FRT DOOR POWER MIRROR E92Z 17582 D 7 023570 REF BLEND L QUARTER PANEL OUTSIDE 8 AUTO REF ADD'L OPR CLEAR COAT 9 AUTO ADD'L COST PAINT/MATERiALS 10 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL Labor Units C t.0 278.00 4.5 C 2.2 C 0.5 69.76 0.1 149.31 0.7 C 1.0 1.6 i 57.50 * 3.00 * * - Judgement Item C - Included in Clear Coat Calc Add'l Labor Sublet Labor Subtotals Units Rate Amount Amount Totals Body 5.3 40.00 0.00 0.00 212,00 T Refinish 6.3 40.00 0.00 0.00 252.00 T Taxable Labor 464.00 LaborTax ~ 6.000% 27.84 Labor Summary 11.6 491 II. Part Replacement Summary T~xab[e Parts Sa~es Tax 6.000% 497,07 29.82 526.89 ESTL¥,ATE RECALL NUMBER: 1/15/01 12:15:57 4173 UitraMate is a Trademark of ~itchei! International I~litchell Data Version: JAN_01_A Copyright (C) 1994 - 2008 IVlitchell International Uttra~C~ate Version: 4.6.004 All Rights Reserved Page I of 2 01. Addit[ona! Costs Non-Taxable Costa Total Additional Costa 160.50 160.50 Date: 'Ut5/01 12:10 PM Estimate iD: 4173 Estimate Version: 0 Preliminary Profile ID: DUBUQUE iV. Adjustments Customer Responsibility i. Total Labor: Ii. Total Replacement Parts: Total Additionei Costs: !V, Total Adjustments: Net Totai: This is a preliminarv estimate. Additional chanqes to the estimate may be required for the actual repair~ Gross To[a!: 0.00 491,84 526.89 160.50 1,179.23 0,09 1,179.23 ESTIMATE [~ECALL NUMBER: 1/15/01 12:15:57 4173 UltraMate is a Trademark of Mitche[{ i~,ternationa~ Mitchell Data Version: JAN_01_A Copyright (C) 1994 - 2000 Mitchell ~ternational UltraMete Version: 4.6,004 Ail Rights Reserved Psge 2 of 2 Date: 'rd15/01 11:18 AM Estimate ID: 1316 0 Prelbrdnary Profile ID: Mitchell Hanley Auto Body Inc. 1030 Century Circle Dubuque, IA 52002 (3t9) 583-7220 Fax: (319) 583-8355 Damage Assessed By: Robert Hanley Deductible: UNKNOWN Owner Susan Walgamuth Address: 320 North Hill Telephone: Home Phone: (319) 556-7853 Mitc~nall Service: 910617 DescHpUon: 1989 Ford Probe GL Body Style: 2D HB Drive Train: 2.2L Inj 4 Cyl 4A Line Entry Labor item Number Type Operation Line item Description Part Type/ Dollar Labor Part Number Amount Units I 009900 REF REFINISH 2 020180 BDY REPAIR 3 AUTO REF REFINISH 4 020660 DDY REMOVE/REPLACE 5 AUTO REF ADD'L OPR 6 AUTO ADD'L COST 7 AUTO ADD'L COST L FENDER OUTSIDE L FRT DOOR SHELL L FRT DOOR OUTSIDE L FRT DOOR POWER MIRROR CLEAR COAT PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL C 2A ExJstJng 3,,0* C E92Z 17692 D 149.31 0.7 1.3 137.50 * 5.00 * * - Judgement Item C - Included in Clear Coat Calc Add1 Labor Sublet L Labor Subtotals Units Rste Amount Amount Totals Body 3.7 40.00 0.00 0.00 148.00 T Retinish 5.5 40.00 0.00 0.00 220.00 T Taxable Labor 368.00 Labor Tax ~ 6.000 % 22.08 Labor Summary 9.2 390.08 IlL Additional Costs Amount Non-Taxable Costs 142.50 Total Additional Costs t42.56 II. Part Replacement Surra~nary Taxable parts Sales Tax ~ Total Replacement Parts .~rnount Customer Responsibility 6.000% 149~31 8.96 158.27 Amount 0,00 ESTIMATE RECALL NUMBER: 1115/01 11:15:02 1316 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JAN_01_A Copyright (C) 1994 - 2000 Mitchell InternaUonal UitraMate Version: 4.6.01M All Rights Reserved page I of 2 Dete: 1/15/01 11:18 AM Estimate ID: 1316 0 Preliminary Profile ID: Mitchell 1. Total ~ II. Total Replacemen~ Parts: III. Total Additional Costs: Gross Total: 390,08 158,27 142.50 690.85 IV. Total Adjustments: Net Total: 0.~ 690.85 This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 1115/01 11:15:02 1316 UltraMate lsa Trademark of Mitchell International M;tchell Data Version: JAN_01_A Copyright (C) 1994 - 2000 Mitchell International UIt~aMate Version: 4.6~004 All Rights Reserved Page 2 of 2 BARleY A. LINDAHL, ESi ~ COKPOKATION COUNSEL. MEMO To: Date: Mayor Terrance M. Duggan and members of the City Council January 25, 2001 Claim of Vicki Bechen Claimant Date of Claim Date of Loss Nature of Claim Vicki Bechen 1/3/01 9/20/00 property damage This is a'claim for reimbursement of her insurance deductible, plus additional expenses not covered by insurance, in connection with damages to her rental property due to a water main break. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa 2ommunities Assurance'Pool. BAL/cg cc - Mr. Bob Green cc - Ms. Vicki Bechen cc - State Farm Insurance (D co TELE 519 555-4 t I 5 FAX 519 555- t 040 e-mail b~lesq~mwci.~¢t BARRY A. LINDAHL, E CORPORATION COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council ~anuary 25, 2001 Claim of Thomas J. & Michelle M. Frick Claimant Date of Claim Date of Loss Nature of Claim Thomas & Michelle Frick 1/11/01 12/29/00 vehicle damage This is a claim for damages the claimants' car sustained when it was struck by a City vehicle that pulled out from a stop sign on 18th and Jackson Streets. This claim has been referred to Public Entity Risk SerVices of Iowa, the agent for the Iowa Communities Assurance P0ol. BAL/cg cc - Mr. David Harris Housing Service's Manager cc - Mr. and Mrs. Thomas J. Frick e-milI bilesq~mvci.nct BARRY A.. LINDAHL~ E CoK?OR,~TION CouNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council January 25, 2001 Ronnie L. Hess Claim Cls4m~-t Date of Claim Date of Loss Nature of Claim Ronnie L. Hess 1/5/01 12/29/00 vehicle damage This is a claim for d~unages to the claimant's parked car, which it sustained when a City snow plow hit 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. Don Vogt cc - Mr. John Klostermann cc - Mr. Ronnie L. Hess 196 CYCARB PLAZA DUBUQUE Io~A 52001 TELB 519 553- 4 I 13 FAX 319 583-I040 e-mail b~icsq~mwci.act BARRY k-~ LINDAHL~ E CORFOI~.ATION COUNSEL 0 Mayor Terrance M. Duggan and members of the City Councii Januar~ 25, 2001 Subrogation Claim of State Farm Insurance (Vicki Beehen) Claimant Date of Claim Date of Loss Nature of Claim State Farm Insurance 1/3/01 $/ o/oo property damages This is a subrogation claim for. money paid to the' claimant's insured,'Vicki Bechen, for d~mages her rental property.'sustained as a result of a water main break at 29th and Jackson Streets on SeptemBer 20, 2000. This claim has been referred to Public Entity Risk Services of 'Iowa, the ~gent for the Iowa Couununiti~s Assurance Pool. /cg cc - Mr. Bob Green cc - Mr. Daniel Green, cc - Ms. vicki Bechen State Farm Insurance 196 CYCA~E ~LAZA DUBUQUE IOWA 52001 THL£ S19 55S-411~ ~AX 319 583-1040 ¢-m~i! balesq~mwci,net ~ BARRY A. LINDAHL, E CoK?OKATI ON COUNSEL MEMO To: Mayor Terrance M. Duggan and members of the City Council Dat~: 'January 25, 2001 Claim of The.Shot Tower Inn Claimant Date of Claim Date of Loss Nature of Claim The Shot Tower Inn 1/9/01 10/19/00 loss of business This is a claim for damages for loss of business the claimant incurred as the result of being shut down by a gas leak that was caused by a construction accident on the Third Street Parking Ramp project on October 19, 2000. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa.Communities Assurance' Pool. BAL/cg ce - MS~ Cindy Steirfuauser cc - Mr~ Jim Kunnert 196 CYCARE PLAZA DUBUQUE IOWA 52001 TELB 519 553-4115 FAX 319 583-I040 e-mail b{lesq~m~,¢i~aet BAERY A. LINDAHL~ ~$~ ~oKPOKATION COUNSEL. M MO To~ Date: Mayor Terrance M. Duggan and members of the City Council' January 25, 2001 Claim of John Vollenweider Claimant Date of Claim Date of Loss Nature of Claim John Vollenweider 1/5/01 114/0! vehicle damage This is a claim for damages to the claimant's parked car, which it sustained when a City refuse truck backed into it. This claim has been referred to. Public Entity Ris~ Services of Iowa, the agent fo= the Iowa Communities Assurance Pool. BAL/cg cc - Mr. cc - Mr. Don Vogt John Vollenweider 196 CYCAR£ PLAZA DUBUgUE IOWA 52001 TEL~ $19 58~*-4t 13 FAX 319 553- 1040 e-m~it b~lesq~mwci.nc~: BAA. AY A. LINDAHL~ I~M- COK?OKATtON COUN $I~1~ MEMO To: Dat~: Mayor Terrance M. Duggan and members of the City Council' January 30, 2001 Claim of' Davi~ and Monica Ackley Claimant Date of Claim Date of Loss Nature of Claim David and Monica 1/4/.01 12/8/01 vehicle damage Ackley This is a claim for damages to the claimants' parked car, which it sustained when a City. refuse truck backed into it on Fourth Street. According to the repor~ of Paul F. Schultz-, 'Solid Waste Management Supervisor, the claim is correct .as filed. It is therefore the.recommendation of the Legal Department that this ~laim, in the a~ount of $275.53, be paid by the Finance Director and submitted to ICAP-for reimbursement. BAL/cg cc - Mr. cc - Mr. Don Vogt Paul Schultz and Mrs. David Ackley 196 CYCAI~E PLAZA DUI~I;QUI: IOWA 52001 T~'LI~ 319 583-4 I I 3 FAX 319 583-1040 e-mail b~lesq~m~cl.net CITY OF DUBUQUE, IOWA MEMORANDUM January26~ 2000 TO: FROM: SUBJECT: Paul F. Schultz, Solid Waste M~ma~nnent SupervisOr ~ Claim of David and Monica Acldcy Claim is correct as filed. I visited the site, took pictmes and spoke with the crew and investigating officer. The descri~on on the claim and the estimate of the damage appears appropriate. BARRY CoKPOKATIOIq COUI'I SE~ MEMO To: Mayor Terrance M. Duggan and members of the City Council January 25, 2001 Claim of Grove Tool, Inc. Date of Claim Date of Loss Nature of Claim Grove Tool, Inc. 1/11/01 · 1/2/0i vehicle damage This is a claim for damages the claimant's Suburban sustained when a City bus knocked its mirror off. According to the report of Transit Manager Mark. Munson, this claim is correct as filed, and he recommends that it be paid. It is therefore the recommendation of the Legal Department that this claim, in the ~unount of $209.00, be paid. by the Finance 'Director a~.d submitte'd to ICAP for reimbursement. BAL/cg Enclosure cc - Mr. Mark Munson cc - Mr. Robert Smith Grove Tool, Inc. 196 C¥C^Rg PLAZA DUBUQUE IOWA 52001 T~LB $19 553-411~ FAX 319 583-I040 e-mail b~lcsq~mw¢i.~¢t KeyL~e Transit 2401 Cen'a'al Avenue Dubuque, Igwa 52001-3302 C~9) ~9-4~96 January 4, 2001 TO: FR: RE: Mr. Barry Lindahl, Corporation Counsel Mark Munson, Transit Division Manager Accident 01/02/01 on W. Locust Robert Smith On January 2, 2001 KeyLine driver John Reno· was traveling SE on W. Locust. Due to Snow piled and cars parked on both sides, Reno thought he had enough room to clear vehicle, but clipped the left side mirror of vehicle owned by Robert Smith. John Reno admits responsibility for the damage done to the vehicle owned by RObert Smith. I recomm4nd payment of this claim. Sexwice People ~ty R~flity Ir~ovatien Teamwork BARRY A. LINDAHL, ESQ' COKPOKATiON COUN SEJ~ L MEMO To: Mayor Terrance M. Duggan and members of the City Council January 25, 2001 Claim of Kelly LeFevour Claimant Date of Claim Date of Loss Nature of Claim Kelly LeFevour l/S/01 1/4/01 tire damage This is a claim for damages to the dlaimant's tire, which popped when he hit a rod sticking out of the curb that had been dislodged by a snow plow and then covered up by snow. Under Iowa law, a city is not the insurer of the condition of its streets, and is only liable if it is negligent..' The City's duty is to exercise reasonable care to keep its streets free from defects, Before 'a city is liable for damage caused by a street defect, the city must have had actual knowledge or constructive notice of the defect, with sufficient time to have repaired it prior to the incident causing damage. Actual knowledge occurs when the city is actually aware of the defect;, constructive notice occurs when'the defect has existed for such a period Of time' that a reasonable person would have discovered it. According to the report of Mr.. John Klostermann, Street~Sewer Maintenance Supervisor, the City has had a history of problems with this metal edge, and it is his recommendation that the claim be paid, based on constructive knowledge of the defect. It is therefore the recommendation of the Legal ~rt_u~nt that this claim, in the a/nount of $114.48, be paid by ~e~%Fi~ce Director and submitted to ICAP for reimbursement. BAL/cg/Enclosure cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. Kelly LeFevour e-mail bilesq~ra~ci.net OperaQons & Maintenance Department 9~5 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 5894252 JanuaW 19,2001 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. Kelly LeFevour on January 5, 2001. On January 4, 2001, Mr. Kelly leFevour notified officer Latham that he damaged his tire while parking his vehicle along the curbing on 9th Street east of Locust. His tire was damaged when he hit a metal edge that was pulled away from the curb and covered with snow. It is my understanding that this metal edge was installed to protect the sub - basements of the building located on the north side of 9th street between Locust and Main. We have had a history of problems with this metal edge. As we become aware of problems, we respond by removing the damaged edge. As stated in the claim, this damage may have occurred while we removed snow from the street. It is my recommendation to pay the claim as filed based on our history with this metal edge. If you need any additional information, please contact me. SincereJ~,~ Jdhn KIostermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork BAR~-¥ A. L~NDA N S EL.~ MEMO To: Mayor Terrance Mo Duggan and members of the City Council' January 30, 2001 Claim of Mercy Medical Center Claimant Date of Cle~m Date of Loss Nature of Claim Mercy Medical Center 1/19/01- 12/28/00 property damage T~is is a claim for damages to a stop sign that was hit.by a City bus in the Mercy Medical Center parking lot. According to the report of Mr~ Mark Munson, Transit Manager, this claim is correct as filed. It is therefore the ~ecommendation of the Legal Department that this claim, An theamount of $191.20, be paid by ~he Finance Director and submitted to ICAP for · reimbursement. BAL/cg Encloeure cc - Mr. Mark Munson cc - Mr. Mike Johnson, Mercy Medical Center CYCARg PLAZA DUBUQUE IOWA 52001 319 553-4113 FAX 319 585- 1040 e-mall b~lescl(~m~ci-net KeyLine Transit 2401 Cereal Avenue Dubuque, Iowa 52001-3302 01/12/01 TO: FR: RE: Mr. Barry Lindahl, Corporation Counsel Mark Munson, Transit Division Manager Accident on 12/28/00 Mercy Hospital Property On December 28, 2000 KeyLine driver Dave Fuerstenberg, was traveling East in the parking lot adjacent to Mercy Hospital. Dave attempted to make right turn and .hit a stoP sign. Dave admits responsibility for the damage. I recommend payment of this claim. Service People lnte~ty Responsibffity Itmovation Teawagork BARRY A. LINDAHL, ~$Q- MEMO To: Mayor Terrance M. Duggan and members of the City Council' Date: January 30, 2001 Claimant Claim of'Ross, Ball Date of Claim Date of Loss Nature of Claim Ross Ball 1/22/01 "last week of property Dec/lst week da.n~.ge Jan" This is a claim for damages to the Claimant's la~ge flower pots, which wore damaged by "a City employee who scooped the pots up while shoveling-snow and damaged them." According to the report, of John Klostermann; ~treet/Sewer Maintenance Supervisor, due to 'the reco~d-breaking snowfalls in ~ec~mher, it was necessary to remove snow from between the sidewalk and curb in the mebered areas of downtown. Although the pots were damaged by City crewsi it is his.opinion that since the pots were covered with sno~and located on'City, right-of-way, the City is not responsible ~or th~ damage. It is his recommendatioh that 'this the Legal Departmen.t concurs. claim be denied; CO ~ OD BAL/cg cc - Mr. Don Vogt cc - Mr. John Klostermann' cc - Mr. Ross Ball 196 C¥CAgE PLAZA D~BUQUB IO~A 5100l TELE 519 58~-4t13 FAX 319 583-1040 ¢-m~iI bilesq~m~ci.nct 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589~250 FAX (319) 589-4252 January 29,2001 Barry Lindahl Corporation Oouncil 50 WeSt 13th Street Dubuque, IA 52004:4864 Dear Barry: This letter will respond t© the claim filed by Mr. Ross Ball on January 20, 2001. Due to the record-breaking snowfalls in December, it was necessary to remove snow from between the sidewalk and curb in the metered areas of the downtown district. The flower pots that Were damaged by city crews were located in front of 1298 Locust Street. The pots were covered with snow and located within the street right of way. It is my opinion that since the flower pots were located on city dght of way we are not responsible for the damage that occurred. It is therefore my recommendation to deny the claim as filed by Mr. Ross. If you need any additional information concerning this claim, please contact me. Sincerely, Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork BARRY A. LINDAHL, ES~Q~' CORPORATION COUNSEI. MEMO Mayor Terrance M. Duggan and members of the City Council' January 30, 2001 Claim of Don Ernzen Claimant Don Ernzen Date of Claim Date of Loss Nature of Claim 1/09/01 12/27/00 property damage This is a claim for damages, to the claimant's refuse container', which he believes was crushed by a City g~rbage truck. According to the report' of Paul Schultz, Solid Waste ~anagement Supervisor, after his investigation of the facts, he does not believe he has sufficient information to.be reasonably sure that ~ity.crews 'caused the. damagb to the claimant's refuse container. As a result he recommends denial of the claim; the Legal Depart~ent concurs with his recommendation. BAL/cg/Enclosure cc - Mr. Don VoLt cc - Mr. Paul Schultz cc - Mr. Don Ernzen o~Cc =~ 3>~_. ."2. co -~ 196 CYC&'Rg PLAZA Dt;gt;QUE ]IO'W'A 52001 TgLlg 5'~9 583-¢t1~. FAX 3.19 583-I040 ¢-m~! b~lescl~mwci-net CITY OF DUBUQUE, IOWA MEMORANDUM lanuary26, 2000 TO: FROM: Carol Gulick, Legal Department Paul F. Schult~ Solid Waste Manageanent Supe~r ~---~ SUBJECT: Claim of Don and Brenda Fanz~ I spoke with the glllplainant regardilIg gfgW handlillg and throwing of refuse colltaineI3 ill general. The crew was not available to answer questions at the time of the eatl. When I asked the crew regarai.g the alleged incident, they could not recatl damagi?' g this container. Tho crews finished collection by 3PM on 12-274)0 so the statement that the time of the incident was "late at'mmv" is not fully corre~ Crews are not required to remm refuse containers to aa upright position and otl~n toss them back to the sctout locafiom They are expected to remm them to wjthln 3 feet of'the ori~na! setout loeafien but not to block sidowalks, driveways or traffic lanes. Given the snowy s'fmation on this day and containers being remmed to the parking laae where the castemer set them out, it is h~kely that auother vehicle may have ran over the refuse container. The customer did not claim to see our track nm over the container. It is highly nnlikely that the conVainer rolled undementh the track and ran over it. Containers are emptied in the react of the track where a m~wmember ride~, and the track moves forward making eno pass, almost always, on this street. Given the above, I do not have ~ffieient information to be reasonably sure that our crews directly caused the damage to the claimant's refuse container. As a result, I must recommend denial ofth~ claim as filed. B~KRY A. LINDAHL~ ~- C 0 Ki> 0 it. AT i 0 1~ CoUNSEI~ MEMO To; Mayor Terrance M. Duggan and m,~bers of the City Council January 25, 2001 Claim of Rhonda Gotto Claimant Rhonda Gotto Date of Claim Date of Loss Nature of Claim 1/9/01 12/29/00 vehicle damage This is a claim for damages to the claimant's car mirror, which she claims was knocked off by a snow plow while the vehicle was parked on Hillcrest Road.. According to the report of Mr. John Klostermann, Street/Sewer Maintenance Supervisor, although his records indicate that the snow 'plows were.out st the time of this incldent, he does not have any drivers' reports of an accident of this type. He also points out in his report that Hitlcrest is a heavily traveled street, a~d it would be possible for any passing car or truck to do this type of d~/m. age. Mr. Klosteimuann' recommends denial of th~ ctaim due to lack of evidence. The Legal Department concurs with this reconunendation. BAL/cg/Enclosure cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Ms. P, honda C-otto 196 C¥CAZg PLAZA Dt~Buqug IO~'A 52001 T£LB 319 583-4113 ~hX 319 593-1040 e-mail b~lescl~m~rcl-net 925 KeEper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) Ss~-az52 Januaw 19,2001 Barry Lindahl Corporation Council 50 West13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to ~e claim filed by Rhonda Gotto on January 6, 2001. Ms. Gotto claims that a snow plow hit her car and broke off the side view mirror. She states that her vehicle was struck sometime between 11:00AM and 5:00PM on December 29, 2000. She did contact the police department, but it appears that the Officer assighed to the investigation was never on the accident scene. The claim also states that there are no witnesses. Our records show that we were out plowing at that time, however, we do not have any. driver's reports concerning this accident. In addition, this is a heavily traveled street and it would be poSSible for any passing car or truck to do this type of damage. It is therefore my recommendation to deny the claim. I believe that there is not enough evidence that supports the claim as filed. If you need any additional'infomiation, please contact me. ~ Sincerely, .John Klostermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork BAEP.-Y A. LINDAHL~ E$~. CoKPOKATt ON COU~S~ MEMO Mayor Terrance M; Duggan and members of the City Counoil January 25, 2001 Dolores M. Ko.tz Claim Cla~ Date of Claim Date of Loss Nature of Claim Dolores M. Kotz 9/25/00 9/13/00 Reimbursement of expenses This is a claim for reimbursement of Roto-Rooter expenses incurred by the claimant as a result of a sewer backup at her home on BurdeD Avenue. According to the report.of M~. Gus Psihoyos, 'Assistant City Engineer, this dlaim relates to a project that was done by -Tschiggfrie Excavating Company under contract to the' City. This contract calls fo~ the contractor to hold the City harmless from a-ny claims .of damage 'resulting .from that work. This claim, t~erefore, has been forwarded to Tschiggfrie Excavating Company for handling under its indemnity agreement with the City Df Dubuque. BAL/cg/Enclosure cc - Mr. Mike Koch cc - Mr. Gus Psihoyos cc - Ms. Dolores M. Kotz cc - Tschiggfrie Excavating Company 196 C¥CARg PLAZA DUI~UQUE IOWA 52001 T£LE 319 583-4113 ~AX 319 583-t040 e-mail b~lesq(~m~rci.~¢t CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: December 20, 2000 Carol A. Gulick, Legal Department Gus Psihoyos, Assistant City Engineer~ Claim of Ms, Delores M. Kotz (2929 Burden Avenue) This claim relates to the PC Concrete Paving Project - No. 2 (Burden/North Burden Streets) that. was done by Tschiggfrie Excavating Company. The 'contract called for the standard form of contracts and bonds with the City, which require the contractor to hold the City harmless from any claims of damage resulting from the work. This claim involves a lateral that was apparently Plugged with mud. A sanitary manhole was replaced as part of the Burden project in the vicinity of this property (2929 Burden Avenue) on July 27, 2000. The sewer problem of the above-mentioned property was on September 13, 2000; therefore, we do nOt know if it is related to the manhole reconstruction. (Please note attached map.) Therefore, it is the recommendation of the City Engineering Division that this claim for damages be forwarded to Tschiggfrie Excavating Company for further consideration/processing. If you have any questions and/or need further assistance, please call me.at 589-4270. GP/vjd cc: Michael A. Koch, Public Works Director Attach. CITY OF DUBUQUE, ENGINEERING DEPARTMENT Burden Street -Sheet Description '2C DUBUQUE, IOWA ZZi iiZiiZi--Zi Zii.-Z_-IiZZZZZZZZZL ZZ i'J_-f Jf_-ZJ'JliLiZ~f co==~,~o~: ......---- --- -- /..~..q~_J_.~..~.H_A._LI'.-.. ....... .~.-~...~. ................... Wo~ D~ec~ve W'ork to be Corn~d: .................................................... , ]~KP.¥ A.. LINDAHL, ES{~: COKFOKATION COUiqSEI~ ~. MEMO To: Date: Mayor Terrance M. Duggan and m~bers of the City Council January 25, 2001 Claim of Phil. Meyer Date of Claim Date of Loss Nature of Claim Phil Meyer 10/30/00 8/24/99 property damage This is a claim for damages to property owned by the claimant, which it Sustained when police broke down a door while making a drug bust. According. to the report of Police Chief Kim B. Wadding, this operation was performed by the Dubuque Drug Task Force, a joint County\City operation. Chief Wadding presented the claim to the .Task Force Control Group, and payment was approved. The claim has been forwarded to County Attorney Fred McCaw for payment and will be administratiyely closed once.the claimant's signed Release is received by .the.Legal Department. cc - Chief Kim Wadding cc - Assistant Chief Terry Lambert cc -'Mr. Phil Meyer 196 C¥CARE PLAZA DUBUQUI~ IOWA 52001 TIZLI~ 319 $$:~-411~ ~AX :~l 9 $$3.I040 ¢-ma~l b'~lcsq{~m~cl,nct Dear City Counsel Members, My name is Peter Seitz and I am a Boy Scout in Troop 7. I read the article in the paper about radon in the Saturday, December 30, 2000 newsPaper. I think that not all homes have the same amount of radon as others and I don't think we know everything about radon yet. The concentration of radon in a building depends largely on the type of construction and materials used. I don't think we have to make venting sYstems mandatory for new homes, but we can encourage them. There are other solutions for decreasing levels of radon, such as sealing cracks in foundation walls and floors. Bringing in outside air can also help. We can study what building materials repel radon better than others do and use them for homes. I strongly agree with what Tim Pancratz said. Venting systems should be encouraged, but not mandatory. I think people should decide if they want to dsk not having one, or putting one in later when they have enough money. Thank you for reading this, Peter Seitz VI 'enbnqnd 00:~¥ LII~?IO Q Ai 30 I TO: Honorable Mayor and Council Members SUBJECT: Town Clock Plaza You have probably devoted more time on this one issue than any other during your term on the council. ENOUGH tS ENOUGH. You have certainly showed fiscal responsibility in your decision making so far. The city of Dubuque has spent a lot of money in making the downtown into an office park. To spend a great deal of more money to tear it up hardly comes under the heading "fiscal responsibility". Yes, the plaza will need some cosmetic renovation - but to tear it up and make it like the failed attempt that eighth street has mined into is not needed nor appreciated by the majority of the citizens of Dubuque. A very small number, as you well know, are the ones pushing for a major renovation. The plaza will best serve the city of Dubuque by being an office park. The downtown will not have the large department stores located there but rather specialty shops that will appeal to the people who call downtown their work destination and by the many people who visit Dubuque. When I was employed in the downtown area the many, many possible tenants of CyCare Plaza from out of town marveled at what the city had done to the area and wished that something like that could be done in their town. It was probably the one last thing that convinced thcan to locate in Dubuque. You have probably been besieged by many views on the area. Please consider this one. Thank you. Dick Wertzb~a/ger "/ 2575 Knob Hill Dr. Dubuque, IA 52003 copy: City Manager Walter A. Pregler 2966 Shires Ave. Dubuque, Iowa 52001-8355 (319)583-5855 January t7, 2001 Hon. Mayor Terry Duggan and Members of the City Council Honorable FHends: I watch with great excitement, your deliberations on manipulating the Town Clock Plaza plans. First of all, let me share with you the reason I voted for closing it in 1967. First and foremost, the area from 4= to 9th St. included several buildings that constituted the largest ~Rre hazard" in the State of Iowa at the time. Secondly, we were inundated with a plethora of absentee landowners who didn't give a hang about maintaining or updating their buildings. Thirdly, we had an opportunity to repair streets, utilities and plan the area to accommodate the later centuries, with Federal funds and not be required to beg tight wadded property owners for assessment authorization. In designing the Plaza, we were anchored with Rosheks(Gamble Skogmo), J.C. Penny, and Stampfors in the area to spark redevelopment. Many things have changed over the three decades, purchasing power has been restricted by the mega conglomerates such as Wal-Mart, Target and Kresge. The mom and pop enterprise cannot purchase and compete. Bigger is better has caught the consumers fancy. Mega malls are the preferred center to shop. And last but not least, before you decide to invest public funds into the plaza to open it to traffic, inventory the number of building permits issued to the downtown in the past thirty years. The owners are just as tight as they were in the sixties. This should offer you some clue as to what you can expect in the future, unless you have some commitment from present property owners. I have heard Councilperson Ann Michalski tell of placing the Town Clock on top of a building again. UGHHH. Many fine people, civic minded citizens of Dubuque, toiled long and hard to raise the money necessary to construct the tower the clock rests upon. It would be a fatal blow to their effort to destroy that monument. Move it to another suitable location, tower and all. Maybe Washington Park? Lastly, enclosed is an article from Mort. Jan t5's TH about a monument in Seattle that was destroyed by a thoughtless trucker. If the clock were left in the Plaza and traffic routed around it, a similar disaster could occur. Have fun? Sinc~ruly; Walt Pregler~ . eattle landmark, Pergola, leveled by truck SEA'£-i'LE (AP) -- An ornate cast-iron canopy that was one of Seattle's~landmarks was accidentally knocked down by a truck and smashed to pieces Monday. The rear of the truck clipped a corner of the 91-year-old Pergola before daybreak, po- lice spokesman Scan O'Donnell said. No in- juries were reported. -R~siden%s gaped as they sUrVeyed the twisted and shattered wreckage, which was !~ roped off with police tape. A Seattle P~irks Department worker stood guard against sou- venir hunters. "I'm a tour guide down here," said Keith Perry, manager of Casual Cabs. "Now what am I going to show people?" Mayor Paul Sc. hell said restoration experts would examine the wreckage to decide whether it can l~e sai~mged or will have to be rebuilt from sexatch. "I will tell you this: It's a tragedY,'' Schell said. "Our first choice is to put back what has stood there for the last century. We're going to do everything we can to restore it." The Victorian-style iron and glass struc- ture, 60 feet long and 16 feet. high, was built ir 1909 as a cable car stop and a grand entranc~ to a lavish underground restroom-..It has be- come one of Seattle's most famou~ mestin{ spots. The truck driver, Pete Benard{k~6, o Greensburg, Pa., was cited for driving on th~ sidewalk, police said. TELEPHONE: 319-589-4462 DUBUQUE COUNTY COURTHOUSE DUBUQUE, IOWA 52001-7079 JAN HESS Personnel Director Administrative Assistant JOAN BODNAR-NOON Personnel Assistant TO: RE: DATE: FROM: MEMBER MUNICIPALITIES DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY TIPPING FEES AT DMASWA LANDFILL FOR FISCAL YEAR 2002 January 18, 2001 Agency Secretary ~ Jan Hess, Enclosed is your copy of the fiscal year 2002 Dubuque Metropolitan Area Solid Waste Agency budget a~d landfill fees as adopted by the Agency Board at its m~e~i/ig of Januar~ 16, 2001 This information,is being forwarded to you in compliance with an ordinance adopted'APril 281 i 976. DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY RESOLUTION NO. ~,/' -01 APPROVAL OF OPERATING BUDGET FOR FISCAL YEAR 2002 Whereas, by ordinance passed and adopted by the Agency on April 26, 1976 requires the preparation and adoption of an annual operating budget; and, Whereas, the requirements are for the preparation and adoption by resolution of a detailed budget of revenue and expenses; Whereas, following the adoption of a resolution approving the budget the ordinance stipulates that copies of the budget shall be mailed to municipalities in Dubuque County. NOW THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY: Section 1. That the official budget for Fiscal Year 2002 by and is hereby adopted as shown on the attached. Section 2. That the Secretary of the Agency be authorized and directed to forward copies of the approved budget for Fiscal Year 2002 to the members of the municipalities of Dubuque County. Attest: Passed, approved and adopted this 16th __ day of January, 2001. J~eph T. Robbins Chairperson DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY FY02PROPOSED BUDGET Landfill Operations Operating Budget Employee Expense Supplies and Service Administrative Overhead Payroll Overhead Finance/Legal/Billing Overhead $ 450,130 783,697 57,753 939 29,191 $1,321,710 Yard Waste Processing Operating Budget Employee Expense Supplies and Services Administrative Overhead $ 27,042 31,988 2.750 $ 61,780 HHMRCC Operating Budget Employee Expense Supplies and Services Administrative Overhead $ 14,016 103,615 8,250 $ 125,881 Equipment Procurement Budget Scraper Concover Machine $ 235,000 38.500 $ 273,500 Capital Projects Budget Cells #3 and #4 Closure Small Vehicle Facility Overhead Doors (3) $1,000,000 225,000 13,000 $1,238,000 Programs Budget Planning Reserve Expenditures Waste Minimization Grants Airspace/Dirt Use/Compaction Study Strategic Planning Program Comprehensive Plan Update $ 30,000 50,000 10,000 10,000 10,000 $ 110,000 TOTAL PROPOSED FY2002 BUDGET $3,.~30,871 budget~lfoprbudg,doc 18 DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY RESOLUTION NO._~7'- 01 ADOPTION OF TIPPING FEES FOR FISCAL YEAR 2002 Whereas, by ordinance passed and adopted by the Agency on April 26, 1976 requires the preparation and adoption of an annual tipping fee structure; and, Whereas, following the adoption of a resolution approving the tipping fee structure the ordinance stipulates that notification of the adopted fees be mailed to municipalities in Dubuque County. NOW THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY: Section 1. That the solid waste tipping fee be established at $29.73 per ton, any special wastes as authorized the tipping fee be established at $59.46 per ton and any yard wastes the tipping fee be established at $23.00 per ton - all effective on July 1, 2001. Section 2. That the Secretary of the Agency be authorized and directed to forward notification of the adopted tipping fees to the members of the municipalities of Dubuque County. Passed, approved and adopted this 16th day of January, 2001. ph T. Robbins Chairperson Attest: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY PROPOSED FY2002 LANDFILL FEES EFFECTIVE JULY '1, 2001 Solid Wastes Yard Wastes Special Wastes Appliances Friable ACM Non-friable ACM Non-planning area Friable ACM Non-planning area Nonfriable ACM Tires - Auto Pick-Up Light Truck Other $29.73 per ton $23.00 per ton $59.46 per ton $ 8.50 each $59.46 per ton $59.46 per ton $100.00 per ton $75.00 per ton $ 1.45 each $ 3.00 each $ 3.65 each $145.00 per ton Minimum Charge $ 6.00 per vehicle TELEPHONE: 319-589-4462 DUBUQUE COUNTY COURTHOUSE DUBUQUE, IOWA 52001-7079 JAN HESS Personnel Director Administrative Assistant JOAN BODNAR-NOON Personnel Assistant TO: RE: DATE: FROM: MEMBER MUNICIPALITIES DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY BUDGET FOR DMASWA LANDFILL FOR FISCAL YEAR 2002 January 29, 2001 Jan Hess, Agency Secretary ~4,~---/ Enclosed's your copy of the fisca! year 2002 Dubuque Metro politan Area Solid Waste Agency budget, as adopted by the Agency Board at its meeting of January 16, 2001. This information is beingforward~d to you in compliance with an ordinance adopted April'28 1976. encl. DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY OPERATING BUDGETS AND TONNAGES FY02 PROPOSED OPERATING BUDGET Landfill Operations Yard Waste Operations HHMRCC Operations TOTAL $1,321,710 61,780 1.25.881 $1,509,371 FY02 ESTIMATED TONNAGES Landfill Operations Yard Waste Operations TOTAL 90,000 2,000 92__000 Actual Actual Actual Budgeted Proposed FY98 FY99 FY00 FY01 FY02 Landfill Budget $ 986,465 $ 980,241 Yard Waste Budget 67,438 51,544 HHMRCC Budget 58,480 70,950 TOTAL BUDGET $1,112,383 $1,102.735 Landfill Tonnage Yard Waste Tonnage TOTAL TONNAGE Operating Cost Per Ton $1,145,038 $1,075,016 $1,321,710' 47,487 56,571 61,780 45,884 107.421 125,881 $1,238,409 $1,239,008 $I,509,371' 63,323 72,670 84,935 75,000 90,000 2,219 1,977 1,882 2,200 2.000 65,542 74,647 86,817 77,200 92,000 $ 16.97 $ 14.77 $ 14.26 $ 16.05$ 16.41' Includes anticipated additional $1.00 per ton surtax expense. bud§et\dmasoper, bud 19 DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY PROPOSED FiVE YEAR CAPITAL PROJECT, EQUIPMENT PROCUREMENT AND PROGRAM BUDGET SCHEDULE Vehicle # Anticipated Equipment Purchases Description Fiscal Year Cost 3460 3455 3456 Scraper 2002 $235,000 Concover Machine 2002 $ 38,500 Crawler/Dozer 2005 $170,000 CrawledDozer 2006 $175,000 Project Anticipated Capital Projects Fiscal Year Cost Small Vehicle Facility Overhead Doors Cells #3 and ¢4 Closure Ceils #7 and #8 Construction Ceils #5 and #6 Closure 2002 $ 225,000 2OO2 $ 13,000 2002 $1,000,000 2004 $ 750,000 2006 $1,000,000 Program Anticipated Programs Fiscal Year Cost Planning Reserve Expenditures Waste Minimization Local Grants Airspace/Dirt Use/Compaction Study Comprehensive Plan Update Strategic Planning Program Operations Analysis Financial Systems Analysis DOPS For Next Generation of Ceils Strategic Planning Program Comprehensive Plan Update Operations Analysis Financial Systems Analysis Annual Annual Annual 2002 2002 2003 2003 2003 2005 2005 2006 2006 $30,000 $50,000~ear $10,000/year $10,000 $10,000 $15,000 $10,000 $50,000 $10,000 $10,000 $15,000 $10,000 budget\dmasequi.bud 2O DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY ACTUAL RESERVE FUND BALANCES JUNE 30, 2000 Financial Assurance Fund (mandatory) IDNR Planning Fund (mandatory) IDNR Waste Minimization Grant Fund (mandatory) Operating Reserve Fund (voluntary) Capital Project/Equipment/Contingency Fund (voluntary) TOTAL ALLOCATED RESERVES* $1,741,448 279,827 281,071 124,078 5,388,492 $7.814,916' * Equals total Agency funds budget~dmasresrv.bdg 21 DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY PROJECTED FY02 REVENUE STRUCTURE SCENARIO #4 - GATE FEE OF $29.73 PER TON Agency To~lFund~'Balance: June 30 1995 June 30 1996 June 30 1997 June 30 1998 June 30 1999 June 30 2000 June 30, 2001 Anticipated Receipts: 7/1/01 through 6/30/02 Fees - Cash Fees - Charges Investment Earnings Loan Repayment State Grants (non-HHMRCC) State Grants (HHMRCC) Interest - Accounts Receivable Land Rental Sales Tax Collected Other County HHMRCC Fees Small Business HHMRCC Fees Anticipated Expenditures: 7/1/01 through 6/30/02 Operating Budget Waste Minimization Grants Cells #3 & #-4 Closure Project Overhead Doors Scraper Concover Machine Small Vehicle Facility Planning Reserve Expenditures Airspace/Dirt Use/Compaction Study Comprehensive Plan Update Strategic Planning Program Anticipated Total Funds' Balance*: June 30, 2002 $4,236,660 $5,456,989 $5,682,959 $6,072,843 $7,250,905 $7,814,916 $6,428,530* $293,521 $2,412,509 $35O,OOO $550,000 $10,000 $30,000 $5,000 $10,000 $3,500 $200 $3,5OO $3,668,230 $1,509,371 $50,000 $1,000,000 $13,000 $235,000 $38,500 $225,000 $30,000 $10,000 $10,000 $10,000 $3,130,871 $6,965,889 *Anticipated and equals all five reserve funds dmswprojrev02scenC4.xls DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY ANTICIPATED RESERVE FUND BALANCES JUNE 30, 2002 SCENARIO ~4 - FY02 GATE FEE OF $29.73 PER TON Financial Assurance Fund (mandatory) IDNR Planning Fund (mandatory) IDNR Waste Minimization Grant Fund (mandatory) Capital Project/Equipment/Contingency Fund (voluntary) Operating Reserve Fund (voluntary) TOTAL ALLOCATED RESERVES* '$2,127,336 309,827 317,071 4,056,555 155,100 $6.965.889~* * Equals total Agency funds budget\dmsgtfe4.bdg DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY FUND BALANCE ANALYSIS SCENARIO #4 - FY02 GATE FEE OF $29.73 PER TON TOTAL ALL FUNDS FINANCIAL IDNR IDNR ASSURANCE PLANNING GRANT PROJECT/EQUIP/ CONTINGENCY OPERAT. RESERVE 6-30-00 $7,814,916 SewerConn. ($438,750) Expense ($4,196,807) Revenue $3,249,171 6-30-01 $6,428,530 Loan Repay $550,000 Expense ($3,130,871) Revenue $3,118,230 6-30-02 $6,965,889 $1,741,448 $279,827 $281,071 $5,388,492 $187,780 ($438,750) ($30,000) ($40,000) ($2,680,100) $45,000 $63,000 $1,479,825 $1,929,228 $294,827 $304,071 $3,749,467 $198,108 $550,000 ($30,000) ($50,000) ($1.511,500) $45,000 $63,000 $1,268,588 $2,127,336 $309,827 $317,071 $4,056,555 $124,078 ($1,446,707) $1,473,566 $150,937 ($1,539,371) $1,543,534 $155,100 Loan Repay $438,750 Expense ($1,665,552) Revenue $3,211,777 6-30-03 $8,950,864 Expense ($21463,119) Revenue $3,308,130 6-30-04 $9,795,875 Expense ($1,932,112) Revenue $3,407,374 Conn. Rebate $110,658 6-30-05 $11,381,795 Expense ($2,987,576) Revenue $3,509,595 6-30q36 $11,903,814 $438,750 ($30,000) ($50,000) $207,003 $45,000 $63,000 $1,303,010 $2,334,339 $324,827 $330,071 $5,798,315 ($30,000) ($50,000) ($750,000) $218,389 $45,000 $63,000 $1,343,723 $2,552,728 $339,827 $343,071 $6,392,038 ($30,000) ($50,000) ($170,000) $230,400 $45,000 $63,000 $1,381,815 $110,658 $2,783,128 $354,827 $356,071 $7,714,511 ($30,000) ($50,000) ($1,175,000) $243,072 $45,000 $63,000 $1,420,750 $3,026,200 $369,827 $369,071 $7,960,261 ($1,585,552) $1,593,764 $163,312 ($1,633,119) $1,638,018 $168,211 ($1,682,112) $1,687,159 $173,258 ($1,732,576) $1,737,773 $178,455 dmswfundanalyO4scen 1 .xls Z 0 tD ~ x ~ ~ x ~ ~ LLJ Pr' 0 ,Jr City Cle~Ids Office 50 West 13th Street Dubuque, Iowa 52001464 (319) 5894120 (319) 589-0890 FAX January 18, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Information Technology Specialist was conducted, We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date, INFORMATION TECHNOLOGY SPECIALIST Christine Olsowka Brian Ricke Barb Goebel Richard Grace Joseph Pregler Michael Latimer Klm Wertzer Leonard Stroschein Respectfully submitted, Merle Duehr Richard Wertzberger Civil Service Commission Service People Integrity Responsibili[3/ innovation Teamwork City Clerk's Office 50 West 13th Street Dubuque, Iowa 5200~[~.864 (3~9) 589-4~20 (319) 589-0890 FAX December 27, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Truck Driver was given on December 14, 2000. We hereby certify that the individuals listed on the attached sheet have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Respectfully submitted, Merle Duehr Richard Wertzberger Civil Service Commission Service People Integrity Responsibility Innovation Teamwork TRUCK DRIVER CERTIFIED LIST Garry Clauer Tim Leibold Richard Heston Herb Deutmeyer Steve Siefker Robert Wissing Thomas Berger Tom Kuehn Clint Sharkey Raymond Stuart Robert Barry Pat DeHeck Jeffrey Simons Steven Clewell Kevin Hammond Steven Meyers Owen Rohr Alan Meier Randy Vaske Patrick Klein Duane Schreiber Steven Vandal Brian Odefey Kenneth Deckert Martin Deckert Tom Paar John Link Kevin Merkes Mark Hanson Ronnie Jaacks Richard Meyer Shawn Roth CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Annual Rental Survey Housing Services Manager David Harris is transmitting the fifth edition of the annual "River Town Rents" survey as conducted through the Housing Trust Fund Committee. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager David Harris, Housing Services Manager ¥1 CITY OF DUBUQUE, IOWA MEMORANDUM 18 January 01 To: Mike VanMilligen, City Manager From: Housing Trust Fund Committee ~ David Harris, Housing Services Department CD ~ Re: Annual Rental Survey The Housing Trust Ftmd Committee has received the fifth edition of the annual "River Town Rents" survey of the Dubuque rental housing market. This survey is performed under the direction of Len Ducker at the Loras College Center for Business and Social Research. The City Council authorizes use of Community Development Block Grant funds for payment of costs. The survey is annually provided by the Housing Department to area landbrds, lenders, realtors and others with interest in the residential rental market, as a public information service. The survey measures current rents and occupancy rates of residential properties, city-wide. A methodology developed by Dr Decker samples these factors individually for four geographic sectors of the city; further, within these sectors each of three types of rental housing is sampled. These include single family rentals, duplexes and multi-unit apartment buildings. This year's saxrvey, the fffih in a series originating in 1996, indicates a general improvement in the rental housing market. City-wide rents increased, from 1999, for efficiencies, two- and three, bedroom apartments and single-family homes, from 3-10%. Duplexes experienced no change, while onc-bedroom units declined by 14%. The news was even more positive for occupancy levels. The city-wide occupancy rate increased to 91% - for all types of units - a significant (4%) improvement from last year. Every type of unit, excepting efficiencies and duplexes, experienced rote increases, from 1-5%. Efficiency units increased occupancies by 19%. Duplex rents declined by 1%. In the downtown sector, which in past years had evidenced highest vacancy rates, significant improvements in occupancies were observed. Rates were up for all types of units, by 1-5%, excepting three-bedroom apartments, which decreased by 2%, and efficiencies, which improved by 14%. Downtown occupancy levels, excepting efficiency units, are now at 88-93%. The narrative written by Dr Decker this year makes note of an additional factor in discussion of vacancy rotes. For purposes ofcoustmction of the survey sample, approximately 1500 rental units are excluded fi.om the city-wide total of about 7500 remals. This is done in order to factor out all Section 8, other HUD-subsidized and college-owned units, so as to assess only those rentals operating under actual "market" cond'ff~ons. In past years, in discussion of city-wide occupancy rotes, we have calculated a rate then based only on the sample of market units. This has had the effect of under-stating the true city-wide occupancy rate. In this year's summary, Decker has calculated an actual city-wide occupancy rate, by first conducting the survey of market units and then re-comb'ming that number with the 1500 "non- market" rentals. This "extrapolated" occupancy rate has been calculated at 93%, indicating a relatively healthy rental housing market for the city. The survey and Housing Department-issued synopsis is attached for your review and for dism'bution to City Council members. RIVER TOWN RENTS V 2000 SURVEY SYNOPSIS ANALYSIS AND CONCLUSIONS City-wide median rent for single family dwellings was $498/month; for duplexes, this rent was $377/month. In multiple-unit buildings, median rents were as follows: Efficiency $300 1-bedroom $300 2-bedroom $430 3-bedroom $500 Median rents, for survey purposes, did not include any utilities costs. Due to the small number of 4-bedroom units in the sample, no information is provided in this analysis. By geographic area, single family rents were highest ($595/month) in the West end. North end rents were lowest, at $450. Duplex rents were highest ($443) in the South end; North end rents were lowest, at $350. In multiple-unit buildings, rent variations observed similar pattems. Highest median rents for 1-bedroom units, at $400/month, were in the West end; lowest were North end at $260. Highest rents for 2-bedroom units were in the West, at $500. Lowest were Downtown, at $350. Adequate sample size for 3-bedroom units was obtained only in the Downtown; this rent was $425. Efficiency units were also sampled. Rents for these ranged from $300lmonth in the West end to $200 Downtown and in the North end. The City-wide occupancy rate for single family dwellings was 93%; for duplexes, the rate was 89%. In multiple-unit buildings, the rates were as follows: Efficiency 83% 1-bedroom 92% 2-bedroom 91% 3-bedroom 96% The City-wide occupancy rate for all rental units was 91%. By geographic area, occupancy rates were highest for single family dwellings in the South end (100%). Downtown single-family occupancy was lowest at 90%. Duplex occupancies were highest in the West (99%) and lowest Downtown and in the North end (88%). In multiple-unit buildings, South end 1-bedroom units had highest occupancy levels, at 100%. Lowest were Downtown, at 88%. In a reversal of previous year survey findings, 2-bedroom occupancies were highest in the North end and Downtown, at 93%. Lowest were in the West, at 88%. For 3-bedroom units, valid sample sizes were obtained only for the West and Downtown. For these units, occupancy levels were 98% and 86%, respectively. For efficiency units, the overall occupancy rate rebounded this year, to 83% (from 64% in 1999). Highest rates (at 100%) were in the North end; lowest were Downtown at 81%. Comparisons: 1999 and 2000 survey results* Rents The 2000 survey shows again this year rents have in most ail cases seen increases, City-wide. Single-family rentals increased 10%; duplexes saw no change. In multiple-unit buildings, rents in two- and three-bedroom units rose by 5% and by 3.5% in efficiencies. In one-bedroom units, rents actually decreased, by 14%, from the 1999 median. Interestingly, the $50 decrease in one-bed units exactly matched the $50 increase recorded last year. In each case, this was a 14% swing. This suggests that a longer-term analysis is needed in order to correctly identify actual trends. These comparisons are summarized as follows: Unit type 99 rent 00 rent $ chan.qe % chan,qe single-family $453 $498 45 10 duplex 375 377 2 0 multi-unit 1-bedroom 350 300 (50) (14) 2-bedroom 410 430 20 5 3-bedroom 475 500 25 5 Efficiency 290 300 10 3.5 * A comparison of survey results from years 1996-2000 is fully detailed in the published report, for both rents and occupancy levels. Comparison of 1999-00 rent changes - by the four sectors of the City - shows an inconsistent pattern of rent fluctuations. On the West side, rents increased by $25-50, except in one-bed multiples, (no change) and efficiencies (a $7 increase). Rents over-all saw significant increases in the West sector. In the South end, single family rentals increased significantly ($62), while duplexes declined by $7. However for two-bedroom apartments in multiple unit buildings, sampled rents showed a $274 decrease. This suggests that last year's survey (incorporating new high-end rentals), may have over-stated the market, at $762. A significantly larger sample of 2-bedroom units was obtained this year. This broader data base may be providing a more accurate analysis of real market dynamics. One-bedroom apartments also declined, by $96. North end rentals indicated little change from last year. Single family increased by $25; duplexes saw no change. One bedrooms in multiple unit buildings decreased by $25; no change was seen in 2-bed units. The downtown market was also relatively fiat. One-bedroom apartments, efficiencies and single-family rentals increased by $5-$15; two-bed units and duplexes experienced no change. Three-bedroom units declined by $50. (A complete comparison of rents, by region and unit type, is listed in the "Survey Findings" section of this synopsis.) Vacancy Rates The good news is that this year's survey shows a pattern of increased occupancies, throughout the city. The over-all increase in the occupancy rate, from 1999, was from 87-91%, a significant improvement. Single-family rentals increased by 2%; duplexes declined by 1%. In multi-unit buildings, 1-bedroom rates increased 5%, 2 bedroom units by a percentage point, and 3-bedrooms increased 3%. Efficiency units, while rebounding from 64% in 1999 to 83% this year, still experienced lowest demand from renters. This would seem to follow the trend of an increasing market for larger units, with more amenities, than many of the older efficiencies typically offer. Unit type single-family duplex multi-unit 1-bedroom 87 2-bedroom 90 3-bedroom 93 Efficiency 64 City-wide: 87 9_~9 00 OCcupancy occupancy % chan.qe 91% 93% 2 90 89 (1) 92 5 91 1 96 3 83 19 91 4 A comparison by geographic areas of the City reveals a fairly consistent pattern of an increase in occupancy rates. In the West, occupancies ranged from 88- 99% (excepting efficiency units), reflecting fairly stable levels. Two-bedroom apartment occupancies did decline by 4%; efficiencies increased by 20% to an 82% rate this year. In the South end, rates ranged from 92-100%. Duplex occupancies declined by 5%; single-family rentals increased 29%. North end rates ranged from 88-98%, with a 5% decline in duplexes and 6-11% increases in all other occupancy rates. The Downtown area showed a consistent trend toward increased occupancies. Single-families increased by 2%; duplexes and 2-bedroom apartments increased by 5%. One-bedroom apartments increased by 3%, while efficiencies increased by 14%, to an 81% occupancy level this year. Only 3-bedroom apartments showed a rate decline, by 2%. Excepting efficiencies, rates ranged from 88-93%. (A complete comparison of vacancy rates, by region and type of unit, is listed in the "Survey Findings" section of this synopsis). SURVEY FINDINGS Rents* Median rents - the rent at the mid-point of the distribution of all rents surveyed (for each unit type) - were determined, City-wide, as follows.* single family $498/month duplex 377 multiple: Efficiency 300 1-bedroom 300 2-bedroom 430 3-bedroom 500 *rent figures given exclude all utilities By geographic area, median rents were as follows: Single family: Duplex: Multi ~le: 2BR 3BR 1BR 2BR 3BR EFF 1BR 2BR 3BR Downtown 400 $508 Downtown $300 $375 $475 Downtown $200 $300 $350 $425 North 400 475 North 300 350 463 North 200 260 400 * West 585 598 West 283 448 500 West 300 400 500 * South * . South * . . South * . 488 * City-Wide 475 525 City-Wide 300 375 470 City-Wide 300 300 430 500 *where noted, no median rent figures are listed, due to small sample sizes OCCUPANCY RATES Occupancy rates, City-wide, were determined as follows: single family 93% duplex 89% multiple: Efficiency 83% 1-bedroom 92% 2-bedroom 91% 3-bedroom 96% City-wide 91% By geographic area, occupancy rates were as follows: ~ln,qle Tam. ~: uuplex: n~umple: "l-Da Z-Del o-oa Downtown 90% Downtown 88% Downtown 88% 93% 86% 81% North 98% North 88% North 98% 93% * 100% West 96% West 99% West 95% 88% 98% 82% South 100 South 95% South * 92% * * City-Wide 93% City-Wide 89% City-Wide 92% 91% 96% 83% *where noted, no occupancy rotes are listed, due to small sample sizes Synopsis prepared by: David Harris Housing Services Department January 01 DH~s CITY OF DUBUQUE, IOWA MEMORANDUM February 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Eighth Street Reconstruction (Locust Street to Iowa Street) Public Works Director Mike Koch is recommending acceptance of the Eighth Street Reconstruction Project as completed by Portzen Construction in the mount of $1,169,718.88. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindakl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Eighth Street Reconstruction (Locust Street to Iowa Street) INTRODUCTION The enclosed resolutions provide for the acceptance of the contract for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) and establishing the final assessment amounts. DISCUSSION Work has been completed on Eighth Street by Portzen Construction, Inc. in the final contract amount of 81,169,718.88. The project provided for the construction of a 20-foot wide street on Eighth Street from Locust Street to Iowa Street. All work has been completed except for minor items that will be completed in the spring of 2001. An amount of $5,000 will be withheld from the contractor until these items are completed. Since the project ran over the estimated amount, the final assessments are equal to the preliminary assessments mailed to the property owners prior to the public hearing. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at 61,169,718.88. BUDGET IMPACT A summary of the project is as follows: Bid Final Construction Contract Contingency Total Project Cost $1,052,855.53 49,270.91 ~1,169,718.88 $1,102,126.44 ~1,169,718.88 The project will be funded as follows: General Fund Special Assessment to Property Owners Special Deficiency to be Paid By the City City Assessable Portion 826,594.46 $ 911,046.89 173,304.95 163,227.30 11,234.16 10,019.73 90,992.87 85,424.96 Total $1,102,126.44 $1,169,718.88 The project, as outlined, will require $1,006,491.58 in City funds. ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement, establishing the final contract amount, and establishing the Schedule of Final Assessments. MAK/vjd Prepared by Michael Felderman, Civil Engineer cc: Pauline Joyce, Administrative Services Manager Michael Felderman, Civil Engineer Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 ACCEPTING IMPROVEMENT Whereas, the contract for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation ofthe City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 FINAL ESTIMATE Whereas, the contract for the the Eighth Street Reconstruction Project (Locust Street to Iowa Street) has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,169,718.88. Section 2. That $248,652.26 the cost thereof shall be assessable upon private properly and $921,066.62 shall be paid from the General Fund. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE EIGHTH STREET RECONSTRUCTION PROJECT (LOCUST STREET TO IOWA STREET) INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) under contract with Portzen Construction Co., of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 31st day of January, 2001, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October I following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk °°8 88 WHKS ENGINEERS PLANNERS LAND SURVEYORS ~ January 8, 2001 Mr. Michael G. Felderman, P.E. Public Works Division City of Dubuque City Hall 50 West 13~ Street Dubuque, IA 52001-4864 Re: City of Dubuque, Iowa Eighth Street Reconstruction from Locust Street to towa Stre~ Project Acceptance Dear Mr. Felderman: WHKS & Co. met with personnel from Dahlgren, Shardlow and Ub~ a final inspection of the landscape aspects of the project on De. found all elements of the work to be satisfactory except that some need to be replaced under the standard warranty. Adjustments will some of the utility access covers. Please refer to attached Final In~ Personnel from Gilmor & Doyle, LTD made a final inspection of ti on Friday, January 5, 2001. Representatives from Westphal & Co. Street Department were also present. A minor improvement to pm electrical cabinets was recommended. The Street Department rec a schematic from the plans to be placed inside the cabinet cover. ' stated items, the electrical portion of the project has also been corn At this time, the only work remaining is the completion of the seal~ is recommended that a sum of $5,000.00 be retained to cover th minor elements. It is recommended that the project is accepte( retainage is released to the contractor. The total retainage is $58/ Sincerely, WHKS & co. Thomas C. Olthafer, P.E. TCO/ss: 5709 Enclosures cc: (w/enclosures) Bob Baumhover, Portzen Construction Inc. OTHER OFFICES: P.O. BOX 1467 MASON CITY, IA 50402-1467 1421 S. BELL, SUITE 103 AMES, IA 50010 2905 SO. BROADWAY ROCHESTER, MN 55904-5515 GERALD WEILAND, P.E., PRESIDENT & CEO PENNY SCHMITZ, EXEC. V.PRES., CO0 & CFO FOUAD DAOUD, P.E. & S.E. VICE PRES. RICK ENGSTROM, C.E.T,, VICE PRES. MICHAEL ZELINSKAS, P.E., ViCE PRES. CAROL }(ASTLER, L.S. L^WRENCE BOYER, L.S. 470 CENTRAL AVENUE DUBUQUE, IA 52001-7024 phone 319-582-5481 fax 319-582-7412 e-mail dubuque@whks.com , Inc. (DSU) to perform December 14, 2000. DSU 485.94. defective paver units will will also be required around ;pection letter from DSU. the electrical components the City of Dubuque )revent condensation in the uested the placement of With the exception of the 31eted satisfactorily. i along the buildings. It of the remaining and $53,485.94 of the PHONE 641-423-5271 PHONE 515-669-9997 PHONE 507-288-3923 PHONE 815-747-8833 n ~0 'ON tual. I 'ON 'ON mall 'ON tUe~l 'ON me31 ~-zzm 0 0 0 0 CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager RISE Application for Chavenelle Road Extension West from Seippel Road Acting Community and Economic Development Director Para Myhre is recommending approval of a Resolution endorsing a RISE grant application for the westerly extension of Chavenelle Road. I concur with the recommendation and respectfully request Mayor and C~0y Council approval. Mic ael 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 January 29, 2001 TO: FROM: SUBJECT: Michael Van Milligen, City Manager ( ~ ~ 2~//~ ~- Pamela Myllre, Act~E~o~opn~ent Director RISE Application for Chavenelle Road Extension West from Seippel Road Introduction This memorandum requests City Council approval of a Resolution endorsing a RISE ~ant application for a new Chavenelle Road extension west from Seippel Road into the westerly 40 acres of the Dubuque Industrial Center West. Background The Iowa Deparlment of Transportation (IDOT) administers the Revitalize Iowa's Sound Economy (RISE) program which provides funding in support of local and/or regional economic development efforts. RISE Competitive Rating Funding may be used to assist construction of new roadways to support new economic development initiatives. Grants are awarded semi- annually and are evaluated on a competitive basis. The applications are due February 1 and September 1 of each year with announcement of funding in April and November. A local match of not less than fifty percent is required. The City has plarmed, as part of its budgeting process, to apply for RISE funding to support our new industrial park developments. Discussion The attached Resolution authorizes an application for RISE funding for a new 1,039 foot urban industrial cul-de-sac providing access into this 40 acre site. This road will provide direct access to 5 newly subdivided lots. The plans provide for a similar boulevard entrance to match Chavenelle Road to the east. The Resolution contains provisions required by IDOT, including an endorsement of the project, a certification that the roadway is dedicated to public use and will remain so dedicated and the assurance that the City assumes responsibility for the ongoing maintenance of the roadway improvements. The total estimated cost of the project is $541,538.00, which includes water, sanitary sewer, storm sewer, design and engineering and construction services. However, only $359,350.00 are RISE-eligible expenses. The application requests that the State fund 50% of the eligible costs ($179,675.00) with a RISE grant. The balance of project costs were included in the FY 2000 Capital Improvement Program budget and have been carried forward. Recommendation I recommend that the City Council endorse the submission of an application for a RISE grant for the westerly extension of Chavenelle Road. This project will provide access into a 40 acre parcel that has been subdivided into five lots to respond to market demand for smaller parcels. If the City is successful with this application, we will return to the City Council for approval of the grant agreement and finalization of local match funding. Action Step The action is to adopt the attached Resolution. attachment F:\USERS~Pmyhre\WPDOCS~NDPARK2OdSE\wchavmemo.wpd RESOLUTION -01 A RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE EXTENSION OF CHAVENELLE ROAD WEST FROM SEIPPEL ROAD. Whereas, the City of Dubuque believes that economic development opportunities require developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to tkis community; and Whereas, the City of Dubuque is subdividing approximately 40 acres of industrial development land located in the Dubuque Industrial Center West; and Whereas, the improvement of this property requires new primary access into the site from Seippel Road wkich then provides direct access to U. S. Highway 20; and Whereas, the Iowa Department of Transportation, through Rs Revitalize Iowa's Sound Economy (RISE) program's Competitive Rating Funding, has monies available for the development of public roadways to support future economic development opportunities. NOW, I'HEREFORE, BE IT RESOLVED BY THE CITY COUNCUL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa Department of Transportation for RISE funding to provide access into this industrial area via an extension of Chavenelle Road west from Seippel Road. Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use. Section 3. That the City of Dubuque hereby assumes responsibility for and ongoing ma'mtenance of these improvements and ensures that they will be adequately maintained in the future. Section 4. That the City Manager is author/zed to sign, on behalf of the City Council, the application for RISE funding. PASSED, APPROVED and ADOPTED this 5th day of February, 2001. ATTEST: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk F:\USERSkPmyhre\WPDOC SkYNDPA KK~ISEkRISE App,res.wpd ~-~-~-~l ~4~ llW ENGIN~]~RS ~SURUEYORS ~19 556 7811 P.02705 FINAL PLAT DUBUQUE; INDUSTRIAL CENTER WEST 2ND ADDITION tN THE CI'[Y OF DUBUQUE, IOWA DESCRIPTION: LOT I AND LOT 2 OF NE1/4 OF THE SE1/~ SEC. 25, T~JgN, R1E OF THE 5TH P,~I. IN 'THE CITY OF DUBUQUE. ~OWA N LOT 3 LOT 2 NORTH ORAPHIC ~CALE ~5'- o ~o~ ,~o LOT 3,81 Y' = 200' MAY HAVE BEEN LOT 4 LOT 5 s 86'4~'13" w 15.~4,o1' LEGEND TOTAL AREA ~RVI?Y'E~, 40,40 A~ CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Excess Risk Insurance Policy Personnel Manager Randy Peck requests the City Council pass a motion authorizing approval of the Excess Risk Insurance Policy with Allianz. 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 Randy Peck, Personnel Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 5, 2000 TO: FROM: Michael C. Van Milligen City Manager Randy Peck Personnel Manager SUBJECT: Excess Risk Insurance Policy I have attached the Excess Risk Insurance Policy for the City's health, prescription drug and dental insurance plans. The policy is with Allianz and it is in effect from July 1, 2000 to June 30, 2001. The annual premium for individual and aggregate-stop loss protection is 8167,810, which is a reduction in the annual premium of 812,417. The individual stop-loss deductible will remain at 860,000. The policy has been approved by the Health Care Committee. In addition, it has been reviewed by DeAnn Head of the Segal Company, our benefit and actuarial consultant, and Corporation Counsel Barry Lindahl, and they find it acceptable. The reason for the extensive delay in receiving the final version of the policy is due to the fact that we had to work out some language issues with the stop-loss carrier. The requested action is for the City Council to pass a motion authorizing you to approve the Excess Risk Insurance Policy with Allianz. you have any questions, please feel free to call. cc: Health Care Committee Bent·by:. CITY OF DUBUQUE 319 589 4149; 11/21/00 4:45PM;Je~ #81; Page 6/16 Allienz Life Insurance Company of North America 1720 t,.lennel3in Avenue Minneapolis. MN 55403~2195 A STOCK Company (Herein Called the Company) Allianz POLICYHOLDER: GROUP POLICY(lES): EFFECTIVE [3ATE: POLICY ANNIVERSARY: Allisnz Life Employers' Insurance Trus~, Birmingham, Trustee - City of Dubuque, Iowa 20774-004 July 1, 2000 July I First Alabama Bank of 12:01 a.m. at the address of the Policyholder each year thersatrer The Group Policy is delivered in the State of Alabama. The Policy is issued in consideration of the Application of the Policyholder and payment of the premiums by the Policyholder as provided in the Policy, The first premium is due and payable on the Effective Date of the Policy and subsecluen! premiums are due and payable in accordance with the Premium Provisions so long as the Policy remains in force. The Policy is subject to all the conditions and provisions ssi fort~t on this and the subsequent pages, which are made a part of the Group Policy. IN WITNESS WHEREOF. ALLIAN.7. LIFE INSURANCE COMPANY OF NORTH AMERICA has executed this Policy at Minneapolis, Minnesota on the 15"' day of October, 2000. p~esident Vice pregnant & 8~1~/ GROUP INSURANCE POLICY-NON-PARTICIPATING This Policy is not in lieu of and does not affect any requirement lot Worker's Compensation insurance. GSLP8 Sent bY: CITY OF DUBUQUE 319 589 4149; 2 CONTENTS The Sections of lhe Policy appear in the order se1 forth below: SCHEDULE OF EXCESS RISK INSURANCE BENEFIT OEFINITIONS AGGREGATE EXCESS RISK INSURANCE BENEFIT SPECIFIC EXCESS RISK INSURANCE BENEFIT POLICY TERMINATION CONVERSION PRIVILEGE FOR COVERED PERSONS MISCELLANEOUS PROVISIONS CLAIM PROVISIONS EXTENSION OF BENEFITS 11/21/00 4:45PM;Jetr~x#81; Page 7/16 Sent by: CiTY OF DUBUQUE 319 589 4149; 11/21/00 4:45PM;Je~ #81; Page 8/16 SCHEDU~.E OF EXCESS RISK INSURANCE AGGREGATE EXCESS RISK INSURANCE 1. Aggregate Monthly Factor $248.44 Single/Composite ~658.37 Family 2. Number of Covered Units 85 Single,Composite 437. Fami~ The Number of Covered Units are subject ta change based on the actual enrollment for the first Policy Month. ,~ 3. Minimum Annual Aggregate Attachment Point percentage 85% Reimbursement Factor (Company Limit of Liability) 100% of payments in excess of the Annual'Aggregate Attachment Point, to a maximum of $1,000,000.00. AGGREGATE TERMINAL LIABILITY 1. Temlinal Ltab~ity Option ~c!uded? Yes ( ) No (X) SPECIFIC EXCESS RISK INSURANCE 1. Specific Attachment Point $60,000.00 per Policy Year. However, for a Covered Transplant Procedure rendered at a Transplant Network Hospital the Specific Attachment Point will be reduced te $50,000.00. Such reduction is a one time reduction for each Covered Transplant Procedure and will be applied to the Policy Year in which the Covered Transplant ProCedure takes place (as determined by the date of actual surgical transplant of a body organ or the date of reinfusion of bone marrow or peripheral stem cells). Retransplanta are considered a new Covered Transplant Procedure. The Company is not responsible for any Covered Person's decision t~ receive treatment, services or supplies from a Transplant Network Hospital nor does the Company make wan'ants or representations for the qualifications of providers or treatment, se~/icas or supplies provided by a Transplant Network Hospital. Cov~ed Transplant Procedure: Means the human a3 human organ or tissue transplant procedure considered reimbursable under the terms of this Policy. Transplant Network Hospital: Means a medical facility participating in the LifeTrac Network of hospitals at the time of admission for the transplant. 2. Reimbursement Factor (Company Limit of Liability) 100% cf payments in excess of the Specific Attachment Point, to a Specific Individual Maximum of $1,0OO,OOO.OO. GSLPS-01-0! (9-89) Sent by: CiTY OF DUBUQUE 319 589 4149; 11/21/00 4;45PM;~#81; Page 9/16 CONVERSION PRIVILEGE FOR COVERED PERSONS Conversion Option included? Yes (') No (X] LIMITATIONS The Company will not reimburse the Policyholder for: Payments for treatments, procedures, devices, drugs or medic~es which the Company determines are expedmen£al or investJgationaL This means that one or more of the following is true: 1. [he device, drug or medicine cannot be lawfully marketed withOUt approval of the U.S. Food and Drug Administration and approval tar marketing has not been given at the time the device, drug or medicine is ~urnished. 2. reliable evidence shows that the treatment, procedure, device, drug or medicine is the subject of ongoing phase I, II, ~3r III clinical ~riais or under study tO determine its maximum tolerated dose, its toxicity, its sat'sty, its efficacy, or i~S efficacy as compared wi~l the standard means of treatment or diagnosis. reliable evidence shows that the consensus of opinion among experts regarding the treatment. procedure, device, drug or meclicine is that further studies or clinical trials are necessary to determine its maximum tolerated dose, it toxicity, its safety, its efficacy, or its efficacy as compared with the standard means of treatment or diagnosis. Reliable evidence means only published reports and articles in the authoritative medical and scientific literature: the written protocol or protocols used by the treating facility or the protocol(s) of another facility studying substantially the same treatment, procedure, device, drug or medicine; or the written informed consent used by the treating facility or by another facility stud~ng substantially the same treatment. procedure, device, drug cr medicJne, In addition, no reimbursement is avaiJable for payments of any: (a) treatments, services or supplies that are educational or provided primarily for research; or (b) treatments, procedures, devices, drugs or medicines or other expense relating to transplants of nan-human organs. The Company's liability under this Policy will not pe increased if the Plan provides more liberal Limitations provisions. EMPLOYEE BENEFIT PLAN CLAIMS ADMINISTRATOR {Generally referred to herein as the "Admin[strato¢'. However the term "Adminis~ator', as used herein, does not refer to the plan admJniairator as used in the Employee Retirement Income Security Act of 1974,) Name cf Administrator HMS Preferred Health Choices. Inc. GSLPS-0 t-01 (9-89) Sent'~y: CITY OF DUBUQUE 319 589 4149; 5 11/21/00 4:46PM;Je~ #81; Page 10/16 DEFINITIONS ANNUAL AGGREGATE A'I'i'ACHMENT POINT for any one Policy Year (ar any fraction thereof if the Policy terminates during the Policy Year) means the lotal of the number of Covered Units each month multiplied by such Covered Units' corresponding Aggregate Monthly Factor(s), or the Minimum Annual Aggregate A~tachmant Point, whichever is greater. COVERED PERSON means each person, individually, who is covered under the Plan. COVERED UNIT means an employee, an employee with dependents, or such other defined unit as agreed upon between the Company and rne Policyholder, who is covered under the Plan. EMPLOYEE BENEFIT PLAN {also called the Plan) means the welfare benefits the Policyho!der l~as agreed to provide under a wdtten plan of benefits for his employees and their dependents, including any amendments lo such plan of bener~ FUNDED means the Policyholder must maintain adequate funds in the claim account on the last working day of the Policy Year in erda[ for drafts or cheeks drawn against the account to be reimbursed. ISSUED means, in part, in accordance with, Section 3-102 of the Uniform Commercial Cocie, the first delivery of an instrument to a holder er a remitter.. MINIMUM ANNUAL AGGREGATE ATTACHMENT POINT means an amount equal to the percent specified in the ~chedule of Excess Risk Insurance of the Monthly Aggregate Atlachment Point times 12, regamlles~ of whether the Policy terminates prior to the end of a Policy Year. For the firs~ Policy Year, the Monthly Aggregate Attachment Point used will be that of the first Policy Month and for subsequent Policy Years, the Monthly Aggregate Attachment Point used will be that of the Number of Covered Units of the 12th Policy Month of the preceding policy Year, multiplied by the Aggregate Monthly Factor(s) of the first Policy Month of the succeeding Policy Year. MONTHLY AGGREGATE AI'rACHMENT POINT means the total Number of Covered Units for that given Policy Month multiplied by the corresponding Aggregate Momhly Factor(s). NUMBER OF COVERED UNITS means the total number of Covered Units existing in any one Policy Month. The Number of Covered Units for the first Policy Month of the first Policy Year is shown in the Schedule of Excess Risk Insurance. The Number of Covered Units for subsequent Policy MonThs and/or Policy Years will be determined on a monthly basis in accordance with the definition of Covered Unit. PAID means drafts or checks that ara Issued on an account that is Funded. REIMBURSEMENT FACTOR means the percentage specified in the Schedule of Excess Risk Insurance. Separate Reimbursement Factors may apply to Aggregate Excess Risk Insurance and Specific Excess Risk Insurance. SPECIRC ATTACHMENT POINT means the dollar amount specified in the .Schedule of Excess Risk Insurance. For each Coverecl Person, the Specific Attachment Point will apply separately each Policy Year. The Specific Attachment Point for subsequent Policy Years will be determined annually by the Company. If this Policy terminates dudng any Policy Year, the Specific Attachment Point will be calculated as if the Policy had remained in effect for the full Policy Year. GSLP8-02-02 (2-gO) Sent by: CITY OF DUBUQUE 319 589 4149; 11/21/00 4:46PM;Jena,. #81; Page 11/16 6 SPECIFIC INDIVIDUAL MAXIMUM is the amount specified in the Schedule of Excess Risk Insurance and means We maximum liabilib/of the ,Company while this Policy is in effect l~or the Excess Risk Benefit for any Covered Person. AGGREGATE EXCESS RISK INSURANCE BENEFIT AGGREGATE EXCESS RISK INSURANCE ON A PAID BASIS, for any Policy Year or fraction thereof, is the Plan E~anefits On A Paid Basis less: 1. the Annual Aggregate Attachment Point; and 2. any benefits which have been or will be reimbursed by the Company under the Specilic Excess Risk Insurance Benef'~ multiplied by the Reimbursement Factor and subjec~ to any maximum shown under Aggregate Excess Risk Insurance in the Schedule of Excess Risk Insurance. Plan Benefits On A Paid Basis are the total amount of benefits to which Covered Persons become entitled under the Plan, subject to any terms, concF~ons and limitations shown in this Policy. For each Policy Year, such amount of benefits shall only include the actual amount of benefits; (a) incurred on or after the Effective Date of this Policy; (b) Paid while this Policy is in force; and (c) Paid during that Policy Year. Such amount of benefits shall not include deductibles, coinsurance amounts, any other amounts due to a reduction in benefits as a result af failure to oblain and follow cost containment requirement, or any other expenseS whict~ are not reimbursable under the terms of the Plan. nor expenses which are reimbursable to the Plan or Policyholder from any other source. An expense will I~e considered to be incurred at the time the service, or the supply to which it relates, is provided. No cost of claim payment; expense of liligetion; punitive, exemplan~, or consequential damages with individual claimant; expense of hospital audits; or cost containment fees shall he inck~ded. The Company will pay to the Policyholder. after receipt of the proof of loss and request for reimbursement, the Aggregate Excess Risk Insurance Benefit, if any, within a reasonable time alter the end of each Policy Year. or within a reasonable time after the end of the period under the Aggregate Terminal Lial~ility provision, whichever is later, subject to the Company's right to audit ~e records of the Policyholder and the Administrator. If the Policy terminates during the Policy Year, such payment will be made within a reasonable time after date of such termination. SPECIFIC EXCESS RISK INSURANCE BENEFIT SPECIFIC EXCESS RISK INSURANCE ON A PAID BASIS, for any Policy Year, or fraction thereof, is the Plan Benefits On A Pa. id Basis with regard to a Coven~d Person, less the Spesifi= Attachmem Point, molt[plied by the applicable Reimbursement Factor, and subject to the Specific Individual Maximum. Plan Benefit= On A Paid Basis are the total amount of benefits to which Covered Persons become en§liab under the ~lan, subject to any terms, conditions and limitations shown in this Policy. For each Policy Year. such amoun! of benefits shall only include the actual amount of banefifs incurred on or alter the Effective Date of this Policy and Paid during that Policy Yew. Such amount of benefits shall not include deductit~les, coinsurance amounts, any other amount= due to a reduction in benefits as a result of failure ~o obtain and follow cost containmen! requirements, or any other exDen~es which are not relmbursable under the terms at the Plan, nor expenses which are reimbursable to Ihe Plan or Policyholder from any other source. An expense will he considered to be incurred at the time the service, or the supply to which it relates, is provided. No co~ of claim payment; expense of litig~dton; punitive, exemplary, or consequent~,t damages ~ individuef claimants; er expanse at hospital audits; or cost oontainment fees shall be included. A GSLP8-02-02 (2-90) Sent by: CITY OF DUBUQUE 319 589 41491 7 11/21/00 4:47PM;Jet,ix#81; Page 12/16 benef~ shall be considered Paid during a PolicyYearif a c~e~k has been Issued Ch an account ~atis adequat~y Funded. The Company will pay to the Poticyholoer, after receipt of the proof ct loss and request f(3r reimbursement, the Specific Excess Risk Insurance Benefit, if any, within a reasonable time. POLICY TERMINATION The Policy and all benefits hereun~ler will terminate upon the earliest of the following dates: 1. The end of any Grace Period, if no premium is paid before that Grace Period expires (in which case the Company may require a pro.rate premium payment or adjustment for any period of time that insurance remained in effect). 2. The premium due date next following receipt by the Company of written notice from the PoliCyholder that the Policy is to be terminated. 3. The lest day of the Pelicy Year in which the Company gives a ;30-day notice to the Poli~older thai ti'ts Policy' ~ to be terminated. 4. The date of termination of the Employee Benefit Plan. 5. The date that the number of Employees covered under the Plan becomes less than 35. 6. The date of commencement of any proceeding concerning the Policyholder under any bankruptcy laws. In addition to the Termination provisions listed above, the Policy shall automatically terminate upon canceifation of the agreement between the Policyholder and the Administrator, unless ',he Company has. prior to such cancellation, agreed in writing te the Pormyholder's designation of a suc;essor Administrator. GSLPS-02-02 (2-90) Sent 'by: CITY OF DUBUQUE 319 589 4149; 11/21/00 4:47PM;Je~#81; Page 13116 8 CONVERSldN PRIVILEGE FOR COVERED PERSONS in the event the Conversion privilege For Covered Persons is applicable as stated in the Schedule of Excess Risk Insurance. such Covered Person shall be entitled to make application for medical conversion coverage ot the type then avaiiable from the Company, provided he has exhausted his maximum continuation pedod, as provided under the Consolidated Omnibus Budge( Reconciliation Act of 1985 or amended thereafter, and further provided the date such coverage ceased is prior to the date of termination of this Policy. In the event the Covered Person applying for the group ce,~ificate has dependents who am also Cove~e~ Persons, such group ce~ificate will, except as hereina~er provided, also cover such depandenm. The Company may issue a separate conversion certificate to any suc~ dependent. Issuance of the group certificate will be subjec[ to all of the fullowing conditions: 1. A group certificate may on~ be issued to a person who is a resident of the United Statas and who has been covered under a program of medical care expense benefits provided through or by the Policyholder for at least six consecutive months. Wriffen application fo~ conversion and the first premium for t~e group certificate must be delivered or mailed to the Company at its Home Of[me within 31 days alter the date on which the Covered Persan's coverage under the Employee Benefit Plan terminated. No evidence of insurability will be required. 3. The group certificate shall be one customarily issued by the Company al the then current rates ar~ of the type avalable for conversion. The group certificate need not duplicate the benefits of the Plan. 4, The groul~ certificate will become effective on the day after the date on which coverage under the Employee Benefit Plan ceases. Any person who is covered by or eligible for Medicare is not entitled to make application for a conversion certifi~'.ate. The Company shall not be required ID issue a convertecl certificate covering any person if; (ii such person is covered for similar benefits by another hospital, surgical, medical or major medical expense policy or hospital or medical service subscriber contract or medical pramice or other prepayment plan or by any other plan or program; or (ii) aucin person is eligible for similar benefits (whether or not cevered therefore) under any arrangements of coverage for individuals in a group, whether on an insured basis or uninsured basis; or (iii) similar I:~eneJits are provided Ior or available to such person, pursuant to or in ~ccordance with 1he requiremenls of any statute, and the bene[~e provided or available under the sources relerred to in ti); (ii); and (ii~ above for such person together with the converted cerlificats would result in over-insurance according to the Company's standards relating to group I~oticles. MISCELLANEOUS PROVISIONS LIABILITY AND INDEMNIFICATION: The Company's liability under this Policy is limited to reimbursing the Policyholder, in whole or in part, if at all, for p~yments the Policyholder has made for Covered Persons for expenses covered under the Plan. The Company is not liable tot any costs the Policyholder incurs because~of contested maims under the Plan. The Company is not liable tor punitive, exemplary or consequential damages. The Policyholder holds the Company harmless trom damages ot any kind, which are not caused by the Company's own acts or omissions. This Policy creates no right or legal relation whatever between the Company and any Covered Person. POLICY YEAR, POLICY MONTH and PREMIUM DUE DATES: Poiicy Year, Policy Month and Prsmium Duo Dates sro determined from the Policy Effective Date. Each new interval will begin on a day that corresponds numerically with the Policy Effective Date. If there ia no such day in any applicable month, tl~,~n tho I~st d~y of the month will be used. GSLPS-03~l(~89~ Sent by: CITY OF DUBUQUE 319 589 4149; 9 11/21/00 4:47PM;Je~#81; Page 14/16 PREMIUM PROVISIONS: Each premium for this Policy is payable on er before its due date at the Home Office of the Company or to the A~ministrator. Payment of a premium shall not maintain this Policy in force beyond the pedod for which such premium is paid, except as othemAse s~ated in this Policy provision. A Grace Period of 31 days will be allowe¢~ for the payment of each premium due after the first. The Policyholder will be liable for any premium taxes as$_~_~eel at any time against the Company beyond any taxes which may be payable on the premium received P~y tile Company. Any correction to the Specific or Aggregate premium or to the Covered Un,ts f~r the preceding Policy Year, must be reported to the Company within 60 days after the 12th Policy Month of the preceding Policy Year. If this Policy terminates during any Policy Year, there will be a refund of premium paid but unearned, based on the Company rules then in effect for refunding premium paid but uneemed. COMPUTATION OF PREMIUMS: The Company reserves the right to change the premium and aggregate factors on any premium due date: 1. when the terms of lflis Policy or Plan are changed; or 2. when a division, a subsidiary or an affiliated company is added of deleted to this Policy; or 3. when an increase or decrease in the number of Covered Units under the Policy exceed 20% over any period of three consecutive months; or 4. for any mason other than those stated above. However, the Company's right to change premiums and aggregate factors for this item 4, will be limited to onGe in any twaive-momh paried. A 31-day advance written notice of any such change must be g(ven to the Pollcyilolder. POLICY NONPARTICIPATING: This Policy is nonparticipating and does nee en~e the Policyholder to share in the suq~lus earnings of the Company, RENEWAL PRIVILEGE: On each Policy anniversary, this Policy may be renewed by the Policyholder, under the terms offered by the Company and subject to the provisions of this Policy, for a further term of one year subjeGt to the following: 1. The Minimum Annual Aggregate Attachment Point witl be based upon the enrollment for file 12th Policy Month of the preceding Policy Year;, and 2. The Company reserves the dght id recalculate the Aggregate premium rate and the Aggregate Monthly Factor(s) if the last two months of ctaima in the current Policy Year varies by more than 10% of the average monthly Paid claims for the previous ten months. DATA REQUIRED: The Policyholder will maintain adequate records acceptable to ~lla Company for insurance coverage under the Policy and any claims filed under the Employee Benefit Plan. While this Policy is in force and for a period of seven years after termination of the Policy, the Policyholder shall mal(e alt such records available to the Company for periodic examination as needed, either at the Administrator's place of business or at the Company. MISSTATED DATA: If information used in determining the premiums or factors is misstated by the Policyholder or the Administrator, the Company reserves the right to adjust the premiums or factors in accordance with the correct dale. CLERICAL ERROR= Clerfoal error, whether by the Policyholder or by the Company, in keeping any records perlaining to the coverage, will not invalidate coverage otherwise validly in force or continue coverage ctherwise validly terminated. GSLPS.03-01 (9-89) Sent by: CITY OF DUBUQUE 319 589 4149; 11/21/00 4;48PM;Je~#81; Page 15/16 10 ENTIRE CONTRACT, STATEMENTS NOT WARRANTIES, CHANGES: This Policy and the Application of the Policyholder (a copy of which is altached hereto when issued) shall constitute the entire contract between the parties, and ail slatements made by the Policyholder will be deemed representations end not warranties, and no such slatement shall be used in defense tn a cla~n under the Policy unless it is contained in the written signed Application. Only an Officer of the Company is authorized to slier this Policy, or to waive any of the Company's dghts to requirements and then only in writing. No such alteration of this Policy shall be valid unless endorsed on or altached to this Policy. Neither the Administrator nor any other agent has authority to alter this Policy or to waive any of its provisions. NOTICE: For the purpose o! any notice required from the Company under the provisions of this Policy, notice to the Administrator shall be considered notice to the Policyholder and notice to the Policyholder shall be considered no;~ce to the A~miniStmtor. AMENDMEHT~ TO THE POLICY: This Policy may he amended at any time with the mutual wdt~en consent of the Company and the Policyholder. AMENDMENTS 1'O THE PLAN AND/OR ADMINISTRATIVE AGREEMENT: No change to the Employee Benefit Plan shall a~fect this Policy without the prior written consent of the Company. Notice of amendment to the Employee Benefit Plan must be given to the Company in writing at its Home Office at least 3'1 days prior to the Effective Date of the amendment. In the event that such advance written notice is not received by the Company in a~cordance with this provision, the Cempany shall I~e liable to pay benefits hereunder, until netk~e is received, and approval is given, as if the Employee Benefit Plan had not been amended. Fu~hem~era, the Policyholda~' will provide to the Coml~ny, if requested, a copy of the Policyholders written agreement, and all amendments thereto, with its Administrator, and the Policyholder agrees thal a copy of any future amendment to, or cha, nge in, said agreement shall be provided to the Company prior to the time it becomes effective. SUBROGATION: The Policyholder is obligated to pursue any subrogation possibilities. In the event the Policyholder recovers damages, expenses or benefits from a third party, the recovered amount cannot be used to meet an attachment point until amounts in excess of the applicable attachment point(s) have been reimbursed to the Campany. Furthermore. the Company will not reimburse the recovered amount. If the Company has reimbursed the Policyholder for all or part of a particular payment and that payment is later recovered from a third party, the Policyholder must repay the Company to the extent of the reimbursement regardless of whether the Policy is still in Iorca on the date of recovery. Repayment may be reduced by the reasonable and necessary expenses incurred by the Policyholder in recovering from the third party. CLAIM PROVISIONS PAYMENT OF CLAIMS: The Company shall have sole authority to pay or deny claims under this Policy. All BeheSts as they become payable under the Policy will he paid to the Policyholder. The Company will reimburse the Policyholder for charges incurred in connection with cost containment fees, provided approval was oolained pdor to such expense being incurred, GSLPa-O3-OI (9-89) Sent by:.C[TY OF DUBUQUE 319 589 4149; 11 11/21/00 4:48PM;Je~#B1; Page 16/16 LEGAL ACTION: No action a[ la.w or in equity shall be brought to recover on this Policy pdor to expiration of 60 days a~ter written proof of loss has been fumishe=i in ~c~ordance with the requirements of rl~iS Policy. NO SUCh action shall be brought attar the expiration of 3 years st~er the time whiten proof of loss is required to be furnished. CONFORMrI~ WITH STATE STATUTES: If any time limitation of this Policy wi~ respect to giving notice of claim or furnishing proof of loss or bringing action is less Il'tan that permitted by the law of the state in which the Policyholder resides, such limit, rich is hereby extended to agree with the minimum period permitted by such law. AUDn'S: The Company shall have the right to inspect and audit all records and procedures of the Policyholder and the Administrator and shall have the right to determine if any claim is properly chargeable against any attachment point as defined in this Policy. If there is any conflict between the A~ministtator's decision in paying claims for the Plan and the Company's decision in insuring such claims above the applicable attachment point, the Company has the right to make the final decision with respect to reimbursement of ciaims above the applicable anac~ment point. The Policyholder or the Administrator shall submit on a timely basis ail reports requested by the Company, including, but net limited to, periodic estimates of pending claims and actual Paid claims. The Company, if in agreement, will reimburse the Policyholder k=r expenses incun'ed in connection with a hospital audit, provided approval was ob~ined prior to such expenses being incurred. All records shall be made available to the Company either at the Administrator's place of business or at the Company. NOTICE OF CLAIM: In addition to any other notices required by this Policy, the Policyholder or the Administrator must submit to the Company, on a form approved by the Company, written notification of a pendir~g claim at the point which exceeds 75% ct the Specific or Aggregate Attschman! Point specified in the Schedule of Excess Risk Insurance. This notification must be given when the Policyholder or the Administrator knew or should have known of such pending claim. NOTICE OF LEGAL ACTION: Any objection, notice of legal action, or complaint received on a claim processed by the Policyholder or the Administrator, and on which it reasonably appears benefits will be payable under this Policy, shall be brought to [he immediate attention of the Claims Department of the Company. EXTENSION OF BENEFITS There is no Extension of Benefits provision for either Aggregate Excess Risk Insurance Benefit or Specific Excess Risk Insurance Benefit. GSLPB-04,,01 (2-90) CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Lease Agreement with Tri-State Modelers Leisure Services Manager Gil Spence is recommending execution of a three-year lease agreement with Tri-State Modelers for use of a section of Roosevelt Park. I concur with the recommendation and respectfully request Mayor and City Council approval. M~chael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM Januaw 29,2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage~J~' SUBJECT: Lease agreement with Tri-state Modelers INTRODUCTION The purpose of this memorandum is to recommend that the City Council approve the attached lease agreement with the Tri-state Modelers for a section of the former Roosevelt Park and that the Mayor be authorized to sign it. DISCUSSION The Tri-state Modelers have used this section of the former Roosevelt Park for a number of years and have had a formal lease agreement for the last few years. A three-year agreement is recommended at this time to allow for the Park Study to be completed that is budgeted in FY' 2001. I would anticipate a long term agreement being recommended at that time unless the design recommendation impacts the landing strip. It does not appear that the Southwest Artedal will impact this area of the property. Over the years, the Tri-state Modelers have been a good group to work with. They have a quality operation and provide a good service to the community. This property is a good location for their activity because they are removed from any neighbors and do not bother anyone. They have invested a fair amount of money, time and effort into the landing strip and take great pride in their club. RECOMMENDATION I recommend this lease agreement with the Tri-state Modelers be approved by the City Council. ACTION STEP The action step is for the City Council to approve the lease agreement with the Tri-state Modelers and the Mayor be authorized to sign it. GDS:et attachment LEASE AGREEMENT THIS LEASE AGREEMENT is entered into on the 5th day of February, 2001, by and between the City of Dubuque, Iowa, hereinafter referred to as the "City", whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Tri-state Modelers hereinafter referred to as the "Club", whose address for the purpose of this Lease is 1695 Mt. Pleasant Street, Dubuque, Iowa, 52001. WITNESSETH: WHEREAS, the City is the owner of a public facility known, called and named Franklin D. Roosevelt Park, hereinafter called the "Park"; and WHEREAS, the Club desires to lease a section of the Park, shown on Exhibit A, from the City to fly remote controlled model airplanes; and WHEREAS, it is deemed to be in the best interest of both parties to this agreement and to the public in general that the Club lease this area. NOW, THEREFORE, the parties hereto have mutually agreed as follows: Section 1, TERM OF LEASE AGREEMENT. This Lease Agreement shall be for a term of three (3) years, from May 1, 2001, through April 30, 2004. Section 2, RENT. The annual rental of $300.00 shall be paid to the City on or before the 1 st day of May, 2001, 2002 and 2003. Section 3, USE OF THE AREA. The Club agrees that during the life of the Lease Agreement, the area shall be used exclusively for the flying of remote controlled model airplanes and associated activities. The area shall not be utilized by any other individuals, groups, organizations or agencies without prior written permission from the Leisure Services Manager. page 1 of 4 Section 4, GROUNDS AND BUILDING MAINTENANCE. (a.) The Club shall be responsible for all roadway maintenance from the access gate to the landing strip, to the level needed for the Club's use. (b.) The Club shall be responsible for all grounds maintenance and improvements, including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds maintenance. (c.) The Club shall be responsible for all building maintenance and improvements, including but not limited to interior and exterior building repair and painting, heating system maintenance, plumbing, electric, roof repair and maintenance, and pest control. (d.) Any improvements made by the Club shall remain on the leased premises upon termination of this Lease, and shall then become the property of the City. Any proposed material improvements or modifications to the leased premises shall be submitted in writing to the Leisure Services Manager for approval, which approval shall not be unreasonably withheld. All improvements made by the Club shall be built, erected and maintained in strict conformity with all applicable federal, state or municipal statutes and ordinances, and rules and regulations of the Park and Recreation Commission of the City. Section 5, UTILITIES AND REFUSE. The Club shall pay the costs of all utilities serving the area and shall remove all trash. Section 6, MANAGEMENT AND CONTROL. It is agreed and understood that sole management authority and control of the area, for and within the use stated in Section 3, shall be with the Club. The Club agrees that all monies and contributions derived from the landing strip shall be used to operate, maintain, and improve the area. Section 7, CONTROL AND ACCESS. The control gate to the main section of the park must be kept locked. After each club member enters the park, the gate must be locked behind them. The Club shall provide padlocks for the control gate and distribute keys to its members. A padlock provided by the City will also be provided to allow access for City staff. The three piece chain used to secure the gate will be provided by the City. page 2 of 4 The Club members, when using the area, are to proceed directly to the landing strip and not use the remaining sections of the park, unless to retrieve a downed aircraft. Special events must have prior approval of the Leisure Services Manager. Section 8, INSURANCE. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. Any certificate of insurance required hereunder shall provide for a thirty day notice to the City of any material change or cancelation of the policy prior to its expiration date. The Club shall furnish copies of the following policies to the City with limits not less than the following, or greater if required by law. The Club shall also furnish certificates of insurance from all independent contractors or subcontractors hired by The Club or any independent contractor or subcontractor hired by the independent contractor or subcontractor. The certificates shall provide evidence of coverage for the following with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments OR Combined Single Limit Medical Payments 1,000,000 1,000,000 1,000,000 1,000,000 50,000 5,000 ,000,000 5,000 Coverage is to include: occurrence form, premises/operations/products/ completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days written notice of change or cancelation. UMBRELLA OR EXCESS LIABILITY 2,500,000 Section 9, INDEMNITY. The Club agrees to indemnify and hold harmless the City from any and all damages or claims whatsoever, to persons or property, by reason of the Club's use or misuse of the leased premises. page 3 of 4 Section 10, ASSIGNABILITY. The Club shall not assign or transfer any interest in this Lease Agreement without prior written approval of the City. Such prohibition includes contracts with third parties for custody, management or operation of the area. Section 1 1, TERMINATION. In the event either party shall fail to keep, perform and observe in a timely and proper manner any of its covenants or obligations under this Lease Agreement and any such violation shall not be cured or remedied within thirty (30) days after the date the party receives written notice from the other party of such failure or violation (or, if not practicable to cure or remedy such failure or violation within such thirty-day period, within such longer period as shall be reasonable under the circumstances, and as shall be specified in such notice), then, in such event, the other party may, at its option, terminate this Lease Agreement, by written notice to the other. Upon termination, the City shall have the right to enter the area of the park and to assume exclusive use and control. This lease may also be terminated by the City, with sixty (60) days written notice, if the park is sold or the area is needed for any purpose deemed appropriate by the City. Upon termination of this Lease Agreement, for any cause whatsoever, the Club, at the option of the City, agrees to surrender possession of the leased premises in its condition as when first leased, or to restore the leased premises to substantially the same condition, ordinary wear and tear excepted. Section 1 2, INSPECTIONS. The City reserves the right to conduct periodic inspections of the area of the park for the purpose of determining whether the terms and conditions of this Lease Agreement are being promptly and faithfully performed by the Club. Signed in duplicate by the parties hereto. ATTESTED: JEANNE F. SCHNEIDER, CITY CLERK By: CITY OF DUBUQUE, IOWA TERRANCE M. DUGGAN, MAYOR DUBUQUE MODEL AIRPLANE CLUB By: page 4 of 4 CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Five Flags Theater Rest Room Leisure Services Manager Gil Spence is recommending approval of the attached resolutions accepting the contract for the Five Flags Theater Rest Room Renovation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi . ' 'g n MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 29, 2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Five Flags Theater Rest Room INTRODUCTION The purpose of this memorandum is to request City Council approval of the attached resolutions accepting the contract for the Five Flags Theater Rest Room Renovation Project. DISCUSSION Renaissance Development has completed the renovation of the Five Flags Theater rest rooms and Durrant Architects is recommending the project be accepted. A summary of the project costs are as follows: ESTIMATE construction contract contingency $112,500.00 $125,000.00 BID AMOUNT $132,861.00 20.000.00 $152,861.00 FINAL COST $132,861.00 10.107.10 $142,968.10 RECOMMENDATION I recommend that the City Council accept the improvement and that the final contract amount be established at $142,968.10. ACTION STEP The action requested is that the City Council adopt the attached resolutions accepting the improvement and establishing the final contract amount. GDS:et attachments When the City Council awarded the project, approval was given to use funds from another project to cover the overrun. Prepared by: Leisure Services Deeartment Address: 2200 Bunker Hill Road Phone: 589-4263 RESOLUTION NO. FINAL ESTIMATE Whereas, the contract for the FIVE FLAGS CENTER THEATER REST ROOM RENOVATION PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $142,968.10 and the said amount shall be paid from the Fiscal Year 2000 General Fund appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Leisure Services Deoartment Address: 2200 Bunker Hill Road Phone: 589-4263 RESOLUTION NO. ACCEPTING IMPROVEMENT Whereas, the contract for the FIVE FLAGS THEATER REST ROOM RENOVATION PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 appropriations in the amount of $142,968.10 in General Funds, in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Cotmcil Members Michael C. Van Milligen, City Manager Five Flags Center Lavatory Stations Replacement Project Leisure Services Manager Oil Spence is recommending approval o£the attached resolutions accepting the contract for the Five Flags Center Lavatory Stations (sink) Replacement Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Ban'y Lindahl, Corporation Cotmsel Tim Moerman, Assistant City Manager Oil D. Spence, Leisure Services Manager G..gJAi O EI CITY OF DUBUQUE, IOWA MEMORANDUM Januaw 29,2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~l~ SUBJECT: Five Flags Center Lavatory Stations Replacement Project INTRODUCTION The purpose of this memorandum is to request City Council approval of the attached resolutions accepting the contract for the Five Flags Center Lavatory Stations (sink) Replacement Project and establishing the final contract amount. DISCUSSION The sinks have been replaced in all four locker rooms as well as the rest rooms in Gate A and Gate C by Klauer Construction, and we are recommending the project be accepted. A summary of the project costs are as follows: construction contract RECOMMENDATION ESTIMATE $ 45,500 BID AMOUNT $ 38,959 FINAL COST $ 38,959 I recommend that the City Council accept the improvement and that the final contract amount be established at $38,959. ACTION STEP The action requested is that the City Council adopt the attached resolutions accepting the improvement and establishing the final contract amount. GDS:et attachments Prepared by: Leisure Services Deoartment Address: 2200 Bunker Hill Road Phone: 5894263 RESOLUTION NO. FINAL ESTIMATE Whereas, the contract for the FIVE FLAGS LAVATORY STATION REPLACEMENT PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $38,959 and the said amount shall be paid from the Fiscal Year 2001 General Fund appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Leisure Services Department Address: 2200 Bunker Hill Road Phone: 589-4263 RESOLUTION NO. ACCEPTING IMPROVEMENT Whereas, the contract for the FIVE FLAGS LAVATORY STATION REPLACEMENT PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2001 appropriations in the amount of $38,959 in General Funds, in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D,C. 20410-7000 January 12,2001 Honorable Terrance M. Duggan Mayor of Dubuque 50 W. 13th St. Dubuque, IA 52001 Dear Mayor Duggan: HUD's FY 2001 Appropriations Act (P.L. 106-377) was enacted in October 2000. At that time, you were notified of your allocations for the Community Development Block Grant (CDBG), HOME Investment Partnerships, Housing Opportunities for Persons with AIDS (HOPWA), and Emergency Shelter Grants (ESG) programs. In December 2000, the Congress enacted a Consolidated Appropriations Act (P.L. 106-554) which requires an across the board rescission of 0.22 percent of all discretionary budget authority enacted for FY 2001. The taw requires that "... this exact reduction percentage shall be applied on a pro rata basis only to each program, project, and activity subject to the rescission." All HUD programs, including the four formula programs cited above, are subject to this funding reduction. Your revised allocation(s), including reallocations of available prior year funds, are as follows: CDBG $1,489,000 HOME $0 HOPWA $0 ESG $0 I wish you continued success as you continue to use HUD resources in your efforts to improve the lives of your community's citizens. Sincerely, Laura Marin Director, Office of Technical Assistance and Management January 16, 2001 The Honorable Mayor Terrance M. Duggan & City Council Members City Hall 50 West 13th Street Dubuque, IA 52001 Dr. Mr. Mayor and City Council Members: The Environmental Stewardship Advisory Commission recommends support of the continuation and expansion of the Iowa Beverage Container Deposit Law, also known as the Bottle Bill. The Bottle Bill has effectively reduced litter and increased recycling in Iowa. This measure enjoys wide support among Iowans with over 85% supporting the Bottle Bill and well over 70% of Iowans in favor of expanding the bottle Bill. Expanding the Iowa Beverage Container Deposit Law encompasses the following measures: · Creation of the Robert D. Ray Beautiful Land Fund · Expand the Container Redemption Law · Increase the handling fee · Require all beverage containers sold in Iowa have a minimum recycled content of 25% by weight. The resolution drafted by the Environmental Stewardship Advisory Commission demonstrates our desire to continue the efforts by the State of Iowa to control litter and increase recycling. Expansion of the bill would be a great step in helping Iowans to actively preserve a clean environment now and for future generations. The commission supports of all four measures as a way to effectively implement the recycling of beverage containers in the State of Iowa. Recommendation The Environmental Stewardship Advisory Commission recommends that the City Council approve the attached resolution affirming your support for continuation and expansion of the Iowa Beverage Container Deposit Law. This will send a strong message to the Iowa State Legislature that the citizens of Dubuque are in support of this recycling effort and that we value our natural heritage and want to preserve our beautiful land. Environmental Stewardship Advisory Commission · ~.0~ 9~9~°~'~q~w 9~..,~su"--~-' ~---°~' ~STM ~0 ~' ~A~~ ~- S~,~6~s, ~v . ~ ~s~6~~°~ ,~ ~ ~o' s~o(,°~ . ~% ~?~o/o ~" I t onst-c°°sO~e~ Section 5. Be it further resolved that the City Council encourages all residents to return or recycle all beverage containers and other recyclable materials and to fully utilize the City's curbside recycling program. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne Schneider City Clerk HL CITY OF DUBUQUE, IOWA MEMORANDUM January 24, 2001 TO: Michael C. Van Milligen, Ci, l:¥("l~an_ager FROM: Mary Rose Corrigan , Public Health Specialist Paul Schultz,~id Waste Management Supervisor SUBJECT: Expansion of the Bottle Bill INTRODUCTION This memorandum provides a staff recommendation to the Environmental Stewardship Advisory Commissions Bottle Bill resolution. BACKGROUND The Beverage Container Redemption Legislation was signed into law in 1978 by Governor Robert D. Ray. The bill was designed to help reduce litter throughout the state. The five-cent deposit covers approximately 1.4 billion containers sold annually in Iowa. Since the introduction of this law, the Iowa Department of Transportation has reported a 79% reduction in bottle and can litter along roadways. Iowans now recycle more than 90% of containers compared with only 30% recycling rates in states without such legislation. DISCUSSION Expanding the current law would lead to the creation of the Robert D. Ray Beautiful Land Fund. This fund would be created by monies resulting from unredeemed deposits, and estimated $6-7 million annually. The fund would support local and state litter and recycling initiatives. This money would therefore represent an investment in Iowa's environment. As state budgets get tight, this fund would help support popular environmental programs, recognize and support creative local efforts, yet require no tax dollars. Several types of beverage containers are not covered under the current law, including bottles and cans for tea, water, fruit juice, vegetable juice, sports drinks and other non-carbonated beverages. These sources represent approximately 200 million containers annually in Iowa. Expansion of the Iowa Beverage Container Deposit Law would include these types of containers. Such a change would further reduce litter on our roadways, eliminate the confusion among consumers, and provide more equitable, full cost pricing between products. The handling fee that retailers receive has not changed since the inception of the beverage container law, The expansion provides for an increase of the handling fee for the retailers that redeem containers from one cent to two cents. This handling fee is a just and equitable modification for retailers and other redemption centers involved in this important recycling process. The updated Bottle Bill supports the requirement that all beverage containers sold in Iowa have a minimum post-consumer recycled content of 25% by weight. Such a measure ensures that recycling efforts by the citizens of Iowa is met with continued technological advances in the industry to use recycled material in the production of beverage containers, The Iowa Beverage Container Deposit Law has resulted in more than 140 redemption centers in Iowa providing jobs and wages in the private sector, Additionally, the beverage container law has created jobs and supported employment in Dubuque for twenty-one persons with disabilities through Area Residential Care. Recent surveys indicate that the beverage deposit law is very successful with 85% of Iowans in support of the redemption policy and 73% in support of the expansion measures described above. More than 50,000 Iowans have signed a petition in support of the expansion. Expansion of the Iowa Beverage Container Deposit Law has also been supported by the Governor's Environmental Enterprise Team, the State Agency of Directors and The Governor's Environmental Issues Team. Further, the Iowa Recycling Association and the Iowa Society of Solid Waste Operations suggest that expansion of the redemption law will help recycling efforts statewide. RECOMMENDATION It is recommended that the City Council approve the attached Resolution affirming support for continuation and expansion of the Iowa Beverage Container Deposit Law. This will send a strong message to the Iowa State Legislature that the citizens of Dubuque are in support of this recycling effort and that we value our natural heritage and want to preserve our beautiful land. It is further recommended that the Council communicate this resolution to the Iowa Legislature and the State's Environmental Protection Commission. COUNCIL ACTION Adopt the attached resolution and communicate it to the Iowa Legislature and its appropriate committee(s), MRC/cj January 16, 2001 The Honorable Mayor Terrance M. Duggan & City Council Members City Hall 50 West 13th Street Dubuque, IA 52001 Dr. Mr. Mayor and City Council Members: The Environmental Stewardship Advisory Commission recommends support of the continuation and expansion of the Iowa Beverage Container Deposit Law, also kaown as the Bottle Bill. The Bottle Bill has effectively reduced litter and increased recycling in Iowa. This measure enjoys wide support among Iowans with over 85% supporting the Bottle Bill and well over 70% of Iowans in favor of expanding the bottle Bill. Expanding the Iowa Beverage Container Deposit Law encompasses the following measures: · Creation of the Robert D. Ray Beautiful Land Fund · Expand the Container Redemption Law · Increase the handling fee Require all beverage containers sold in Iowa have a minimum recycled content of 25% by weight. The resolution drafted by the Environmental Stewardship Advisory Commission demonstrates our desire to continue the efforts by the State of Iowa to control litter and increase recycling. Expansion of the bill would be a great step in helping Iowans to actively preserve a clean environment now and for future generations. The commission supports of all four measures as a way to effectively implement the recycling of beverage containers in the State of Iowa. Recommendation The Environmental Stewardship Advisory Commission recommends that the City Council approve the attached resolution affirming your support for continuation and expansion of the Iowa Beverage Container Deposit Law. This will send a strong message to the Iowa State Legislature that the citizens of Dubuque are in support of this recycling effort and that we value our natural heritage and want to preserve our beautiful land. Environmental Stewardship Advisory Commission RESOLUTION NO. -01 A RESOLUTION SUPI~ORTING THE EXPANSION OF THE IOWA BEVERAGE CONTAINER DEPOSIT LAW. Whereas, the Beverage Container Deposit Law provides a financial incentive through the refundable deposit that has all but eliminated can and bottle litter Iowa; and Whereas, the Beverage Container Deposit Law funds itself through the nickel deposit and refund, and relies on no taxes or unfunded mandates to local governments; and Whereas, through the Beverage Container Deposit Law, Iowans recycle more than 90% of containers compared to only 30% in states without such laws; and Whereas, 55% of all beer and soda containers recovered in the United States are from the ten deposit states, while the remaining 45% come from the forty non- deposit states; and Whereas, states with deposit laws also have a higher participation rate in residential recycling than do non-deposit states; and Whereas, an independent survey by the University of Northern Iowa shows that 85% of lowans support the deposit law, and 73% support expanding that law; and Whereas the Beverage Container Deposit Law has resulted in more than one hundred and forty redemption centers in Iowa, providing jobs and wages in the private sector, and has created jobs and supported employment for businesses that employ persons with disabilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA SUPPORTS THE BEVERAGE CONTAINER DEPOSIT LAW AND ENCOURAGES ITS EXPANSION TO INCLUDE: Section 1. Creation of the Robert D. Ray Beautiful Land Fund to support local and state litter and recycling initiatives. Section 2. The addition of deposits on containers of tea, water, fruit and vegetable drinks, sports drinks, and other non-carbonated beverages, excluding milk. Section 3. Increasing the handling fee per container from one cent to two cents. Section 4. Requiring all beverage containers sold in Iowa to have a minimum post-consumer recycled content of 25% by weight. Section 5. Be it further resolved that the City Council encourages all residents to return or recycle all beverage containers and other recyclable materials and to fully utilize the City's curbside recycling program. Passed, approved and adopted this day of · 2001. Terrance M. Duggan, Mayor Attest: Jeanne Schneider City Clerk HL CITY OF DUBUQUE, IOWA MEMORANDUM January 24, 2001 TO: Michael C. Van Milligen, Ci)t~y/~Vlanager FROM: Mary Rose Corrigan , Public Health Specialist Paul Schultz,~id Waste Management Supervisor SUBJECT: Expansion of the Bottle Bill INTRODUCTION This memorandum provides a staff recommendation to the Environmental Stewardship Advisory Commissions Bottle Bill resolution. BACKGROUND The Beverage Container Redemption Legislation was signed into law in 1978 by Governor Robert D. Ray. The bill was designed to help reduce litter throughout the state. The five-cent deposit covers approximately 1.4 billion containers sold annually in Iowa. Since the introduction of this law, the Iowa Department of Transportation has reported a 79% reduction in bottle and can litter along roadways. Iowans now recycle more than 90% of containers compared with only 30% recycling rates in states without such legislation. DISCUSSION Expanding the current law would lead to the creation of the Robert D. Ray Beautiful Land Fund. This fund would be created by monies resulting from unredeemed deposits, and estimated $6-7 million annually. The fund would support local and state litter and recycling initiatives. This money would therefore represent an investment in Iowa's environment. As state budgets get tight, this fund would help support popular environmental programs, recognize and support creative local efforts, yet require no tax dollars. Several types of beverage containers are not covered under the current law, including bottles and cans for tea, water, fruit juice, vegetable juice, sports drinks and other non-carbonated beverages. These sources represent approximately 200 million containers annually in Iowa. Expansion of the Iowa Beverage Container Deposit Law would include these types of containers. Such a change would further reduce litter on our roadways, eliminate the confusion among consumers, and provide more equitable, full cost pricing between products. The handling fee that retailers receive has not changed since the inception of the beverage container law. The expansion provides for an increase of the handling fee for the retailers that redeem containers from one cent to two cents. This handling fee is a just and equitable modification for retailers and other redemption centers involved in this important recycling process. The updated Bottle Bill supports the requirement that all beverage containers sold in Iowa have a minimum post-consumer recycled content of 25% by weight. Such a measure ensures that recycling efforts by the citizens of Iowa is met with continued technological advances in the industry to use recycled material in the production of beverage containers. The Iowa Beverage Container Deposit Law has resulted in more than 140 redemption centers in Iowa providing jobs and wages in the private sector. Additionally, the beverage container law has created jobs and supported employment in Dubuque for twenty-one persons with disabilities through Area Residential Care. Recent surveys indicate that the beverage deposit law is very successful with 85% of lowans in support of the redemption policy and 73% in support of the expansion measures described above. More than 50,000 Iowans have signed a petition in support of the expansion. Expansion of the Iowa Beverage Container Deposit Law has also been supported by the Governor's Environmental Enterprise Team, the State Agency of Directors and The Governor's Environmental Issues Team, Further, the Iowa Recycling Association and the Iowa Society of Solid Waste Operations suggest that expansion of the redemption law will help recycling efforts statewide. RECOMMENDATION It is recommended that the City Council approve the attached Resolution affirming support for continuation and expansion of the Iowa Beverage Container Deposit Law. This will send a strong message to the Iowa State Legislature that the citizens of Dubuque are in support of this recycling effort and that we value our natural heritage and want to preserve our beautiful land. It is further recommended that the Council communicate this resolution to the Iowa Legislature and the State's Environmental Protection Commission. COUNCIL ACTION Adopt the attached resolution and communicate it to the Iowa Legislature and its appropriate committee(s). MRC/cj Iowa Department of Transportation 800 Lincoln Way, Ames, IA 50010 5 t 5 -239-1111 FAX: 515-239-1639 January22,2001 The Honorable Terrance M. Duggan Office of the Mayor - City Ha~ 50 West 13~ Street Dubuque, IA 52001-4864 Dear Mayor Duggan: Thank you for your January 5 letter to Transportation Commission Chair Dan Wiedemeier concerning hospital signing on U.S. 20 in Dubuque. The purpose of the exist'mg hospital signing is to direct motorists, who are unfmrdliar with the city, in locating emergency medical treatment at ~he nearest hospital that offers 24-hour-a-day service. The signs currently in place along U.S. 20 accomplish this by guiding eastbound traffic offU. S. 20 at the Grandview Avenue interchange and westbound traffic offat the Hill-Bryant interchange. We would be happy to meet with the city and ambulance and hospital officials to discuss possible alternatives to address the confusion that you identify. By copy ofth/s letter, I will ask Dick Kautz, District 6 Ens~neer, to contact you to arrange a meeting and explore alternatives to address the situation. Sincerely, Mark F. Wandro Director Dan Wiedemeier, Transportation Commission Chair 6~ :~I ~ Dick Kautz, District 6 Engineer w/enclosure 50 West 13th Street Dubuque, Iowa 520014864 (319) 5894110 (319) 5894149 FAX January 31, 2001 VIA e-mail and First Class Mail tflyun~legis.state.ia.us The Honorable Thomas Flyun Senate Chamber State Capitol Building Des Moines, IA 50319 Dear Senator Ftynn: I am writing on behalf of the City of Dubuque to urge your active opposition to S.F. 47, which addresses the granting of additional cable television franchises in Iowa communities. This bill follows the standard form of innocent-appearing "level playing field" legislation being introduced in state legislatures across the country on behalf of the established cable television industry. Its real purpose is to help incumbent monopoly cable companies delay or defeat competitive entry, under the pretext of'fairness.' It could more accurately be titled a "Cable Incumbent Protection Bill." This apparently well-intentioned provision provides great opportunities for mischief. It would allow incumbents (who already enjoy the advantages of an entrenched customer base, installed plant, and revenue stream) to raise spurious issues and threaten legal action against communities who may actually have a chance to bring in a competitor. S.F.47 would bind all Iowa communities to apply virtually identical conditions to companies whose actual situations may be (and probably are) quite different. It thus goes far beyond normal nondiscrimination rules, which recognize that differently situated entities may reasonably be treated differently. The bill lakes no account of the fact that a second entrant already faces severe disadvantages in seeking to compete with a long-entrenched incumbent. The original monopoly cable company, when it first built its system, could count on gaining 100% of those interested in getting cable service, because there was no alternative. The newcomer, however, is unlikely to capture more than half of that market. And it must incur very large up-front capital costs before it can even begin to obtain any revenue. Thus, the app0xent equality sought by the incumbents here leaves out crucial competitive disadvantages faced by their competitors. Service People irltegrity ResponsiEdlity Innovation Teamwork For example, the proposed language assumes that a wide range of conditions must be identical for two franchisees. But many of these conditions are directly related to the size of the operation: for instance, construction schedule, performance bonds, extent of territorial coverage, etc. In particular, note that the language does not state whether PEG Access capital grants -- a key component of franchise requirements -- are to be compared on a per-subscriber basis, or in absolute dollar amounts. If the latter, then an incumbent cable company with 100,000 subscribers can argue that its competitor, a startup company with 100 subscribers, should pay the same dollar mounts. This is not fairness; it's a barrier to entry. The effect of this bill is not to "ratchet up" thc terms of a second franchise to those of a hypothetically more burdensome first franchise. Rather, it is designed to "ratchet down" the terms of the incumbent's franchise. There is no comparable requirement that an incumbent live up to any better deal (for consumers) to which a newcomer might agree. In other words, consumers can only lose. We suggest you ask cable company lobbyists to identify even one case where an incumbent cable operator has gone out of business due to an unfair franchise granted to a competitor by an Iowa City. It should quickly become clear that what cable incumbents really want is protection from their competitors. This legislation is a preemptive strike against cempetition. It should be rejected. Let the entrenched incumbents compete in the market, rather than in the courts. We urge your active opposition to this bill. Sincer~'~4~ Michael C. Van Milligen City Manager MVM:jh Cc: Via E-mail and First Class Mail Senator Mike Counoly Representative Pat Murphy Representative Robert Osterhaus Representative Para Jochum Representative Paul Scherrman Via First Class Mail Dubuque Mayor and City Council Members Merrill Crawford, Cable Franchise Administtator CITY OF DUBUQUE, IOWA MEMORANDUM February 1, 2001 TO: FROM: SUBJECT: lt~e Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Harbor Community Tmst/Peninsnia Gaming Land Donation I respectfully recommend Mayor and City Council acceptance of the deed for the Harbor Community Trust/Peninsula Gaming land donation on the 4th Street Peninsula. The Warranty Deed states: "GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OF THE REAL ESTATE CONVEYED HEREIN, AND GRANTEE TAKES REAL ESTATE CONVEYED HEREIN 'AS IS - WHERE IS', WITH ALL FAULTS AND DEFECTS, INCLUDING ENVIRONMENTAL DEFECTS OR CONCERNS, IF ANY. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Prepared by Barry A. Lindahl 196 Dubuque Building Dubuque IA 52001 319 583-4113 RESOLUTION NO. -00 ACCEPTING WARRANTY DEED FOR REAL ESTATE 1N DUBUQUE COUNTY, IOWA FROM HARBOR COMMUNITY INVESTMENT, L.C. WHEREAS, Harbor Community Investment, L.C. (HCI), owns the following described real property in Dubuque County, Iowa (the Property): Lot 2 in ADAMS COMPANY'S 2~a) ADDITION in the City of Dubuque, Iowa, according to the recorded Plat thereof} And Lots 1, 2, 37 and 38, in Block 21; and Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38, in Block 26; in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof. AND WHEREAS, HCI has delivered a Warranty Deed to the Property to the City of Dubuque. AND WHEREAS, the City Council of the City of Dubuque desires to accept the Property on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Council of the City of Dubuque hereby accepts the Warranty Deed to the Property from HCL Passed, approved and adopted this 5~ day of February, 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk BARRY A LINDANL, ESQ Brown, Winiek~ Graves, Gross, Baskerville and Sehoenebaum, P.L.C. ATTORNEYS AT LAW 6~6 GP,~ND AVENL~ SUiTE DES MOLNF~, IOWA ~P~O~: {515) 242~ FACS~I~: January31,2001 No,2525 P. 1 *I~r.z~tli in Nebraska O~ly Waltz- ~ ~ (1921 -~006) _Mr. Barry Lindabl Corporation Counsel Cib, of Dubuque 700 Locust Street, Suite 196 Dubuque, IA 52001 R~: Ha~bo~' Community Investmefit, L.C. Deux Barw: Enclosed please find thc warranty deed convey~g the real estate li~m Harbor Community Luvestmen~ L.C. ("HCP) to the City of Dubuque, I am ~lso enclosing the IRS Form 8283 to be sign~l by ~e M_ayor. These documents ave delivered to you IN TRUST. You are not authorized to release the deed for recordiag until: (I) the Mayor has signed the Form 8283 at the appropriate place and you have returaed it to me; and (2) you have received written confirmation from me t~at Peninsula O~m/ng, LLC has paid the amomat of $14,550.00 to HCI pursuaat to the terms of the Fi~t Amendment. I know that you want to place this on Monday night's agenda, so I am faxing a copy of this letter to Lorraine May so she is apprised of the situation. Please call me if you have aay questions. ce: Lorraine May Feb, 1. 2001 10:06AM BARRY A L[NDAHL, ESQ N0.2425 P. 3 Individual's Name Street Address C~y Phone Send tax statements to: City of Dubuque. City Hall. 50 W. 13~ ~., Dubuque, IA 52001 Robert D. Andewe(j ISBA # 9149 SPACE ABOVE THIS UNE FOR RECORDER WARRANTY DEED For the esnsidemfion of one Dollar(s) and oth~ valuable ccosidem~an, Harbor Community Investment, L.C., an Iowa limited Ii.lib/company, d~es hereby Convey to ~ Cb/of Dubuque, iowa, the f~lowing described real estate in Dubuque Coullty. Iowa. to-wit; Lot 2 in ADAMS COMPANY'S '~ND ADDITION in the City of Dubuque, 10wa, according to tho recorded Plat there, And Lots 1, 2, 37 eno 38. in Block 21; and Lets 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38, in Block 26; in Dubuque Ha[bet Improvement Commmy's Addition, in ~ City of Dubuqua, Iowa, according to the recorded Pla[ thereof. SUBJECg' TO EASEMENTS, RESTRICTIONS, COVENANTS AND ORDINANCES OF RECORD. SUBJECT TO SECOND INSTALLMENT OF 199B-2000 REAL ESTATE TAXES AND TAXES FOR ALL SUBSEQUENT YEARS. GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OF THE REAL ESTATE CONVEYED HEREIN. AND GRANTEE TAKES REAL ESTATE CONVEYED HEREIN 'AS I$ - WHERE iS', WITH ALL FAULTS AND DEFECTS, INCLUDING ENVIRONMENTAL DEFECTS OR CONCERNS. IF ANY. NO GROUNDWATER HAZARD STATEMENT OR DECLARATION OF VALUE REQUIRED. EXEMPTION NO. ~EED TO A GOVERNMENTAL ENTITY WITHOUT ACTUAL CONSIDERATION or plural number, acceding to the coatext. HARBOR COMMUNITY INVESTMENT, LC., this instrument was acknowledged before me on t-' .~'~ O ,2001, by Donald Iversotl, es Man~Ier of Harbor C~3ramunb/Investment, LC.. an Iowa I[m[l~d liability compa_ny. CITY OF DUBUQUE, IOWA MEMORANDUM January 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Land Donation fi:om Harbor Community Investment and Peninsula Gaming TbJs City ha~ been approached by Peninsula Gaming and Harbor Community Investment with an offer of a land donation to the America's River Project of approximately 3-1/2 acres. This land donation would allow the City to create surface parking for the America's River Project that 'Would eliminate the need for some of the underground structured parking that is to be built as part of the Mississippi River National Education and Conference Center, This reduced the mount of money needed fi:om the State of Iowa Vision Iowa Crmnt Program from $65 million to approximately $58 million, The City has been advised that the transaction must be completed by February 15, 2001. While rite City has not been able to do any of its own environmental testing on this property, we did review reports prepared within the last two years. It is the opinion of our environmental attorney that our use of this Fmperty as a surface parking lot would not trigger any clean-up requirements, For development to occur on the 4~ Street Peninsula it has been the position of the City that land acquisition and consolidation is needed. That is made more attractive in this case where the owners are willing to provide the land as a donation to the America's River Project. I respectfully recommend that the Mayor and City Council accept this land donation. MCVMIjh Attachments cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael C. Van Milligen '~- (~,'T'f/) CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager December 31, 2000 Quarterly Investment Report Finance Director Ken TeKippe is transmitting the attached quarterly investment report. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Kenneth J. TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: RE: DATE: Michael Van Milligen, City Manager Kenneth J. TeKippe, Finance Director December 31, 2000 Quarterly Investment Report January 12, 2001 INTRODUCTION The purpose of the memorandum is to transmit the quarterly investment report as prescribed within the City of Dubuque Investment Policy Section 17.0 "Reporting." DISCUSSION This report covers the period from October l, 2000 through December 3 l, 2000. The report includes: Cash Investments and Investment Earnings Summary for quarter ended December 31, 2000 and fiscal year to date Schedule of City Funds Monthly Investment Summary Schedule of U.S. Treasury Securities Schedule of Certificates of Deposit The valuations reflect the same basis that the assets are carried on the financial records of the City. The City of Dubuque is in compliance with the Investment Policy. REQUESTED ACTION This report is for your review and filing with the Honorable Mayor and City Council. KJT/gmm Enclosures CITY OF DUBUQUE CASH, INVESTMENTS AND INVESTMENT EARNINGS SUMMARY FOR TIIE QUARTER ENDED DECEMBER 31, 2000 AND FISCAL 20002001 YEAR-TO-DATE DESCRIPTION ~G/SAVINGS ACCOUNTS MUTUAL FUNDS CER'IIIo'ICATES OF DEPOSIT REPURCHASE AGREEMENTS US TREASURY SECURITIES I~'EDERAL AGENCY SECURITIES CORPORATE STOCK INVES13~NT ADVISOR ACCOUNTS INVESTMENTS CASH ACCOUNq~S TOTAL FL~q)S AVAILABLE MARKET VALUE UNREALIZED CARRYING (INCLUDING GAIN (LOSS) ! VALUE ACCRUED INTEREST) ACCRUED 19,032,584 19,032,584 0 0 0 0 11,175,630 tl,311,577 135,947 0 0 0 11,121,545 1L367,117 245,572 0 0 0 10,391 98,871 88,480 22,346,693 22,716,516 369,823 63,686,843 64,526,665 839,822 19,600 19,600 0 63,706,444 64,546,265 839,822 CITY METRO COMBINED 57,032,911 57,756,131 723,220 6,673,533 6,790,134 116,601 63,706,444 64,546,265 839,822 CASH BASIS GROSS EARNINGS: CITY METRO COMBINED CITY METRO COMBINED NET EARNINGS: CITY METRO COMBINED QUARTER I YR-TO-DATE I 1 849,828! 1,484,201 179,331[ 259,180 1,029,t591 1,743,380 37,~71 72,175 1~I 260 37,390 72,434 812,5921 1,412,026 179,1781 258,920 991,7691 1,670,946 CfY¥ OF DUBUQUE SCHEDULE OF CITY FUNDS FOR MONTH ENDING DECEMBER 31, 2000 MANAGED FUNDS PORTFOLIO COMPOSITION PERCENTAGE COST BASIS TOTAL CITY FUNDS PERCENTAGE DANA INVESTMENT ADVISORS, INC.: Cash Mutual Funds (US Government) Certificates Of Deposit US Treasury Obligations Federal Agency Obligations Total 0.00% 3.640/0 0.00% 0.00% 96.36% 100.00% 0.00 269,402.74 0.00 0.00 7,123,613.69 7,393,016.43 11.60% DUBUQUE BANK & TRUST COMPANY: Cash Mutual Funds (US Government) Certificates Of Deposit US Treasury Obligations Federal Agency Obligations Total 0.00% 8.18% 0.00% 0.00% 91.82%o 100.00% 0.00 603,428.14 0.00 0.00 6,773,799.08 7,377,227.22 11.58% FIRSTAR: Cash Mutual Funds (US Government) Certificates Of Deposit US Treasury Obligations Federal Agency Obligations Total GRAND TOTAL 0.00%o 0.00 8.36% 633,672.79 5.33% 403,490.81 38.41% 2,910,478.77 47.900/o 3,628,807.47 100.00% 7,576,449.84 22,346,693.49 11.89% 35.08°/0 BREAKDOWN BY TYPE OF SECURITY: Cash Mutual Funds (US Government) Certificates Of Deposit LIS Treasury Obligations Federal Agency Obligations TOTAL MANAGED FUNDS 0.00% 0.00 0.00% 6.740/0 1,506,503.67 2.36% 1.81% 403,490.81 0.63% 13.02% 2,910,478.77 4.57% 78.43% 17,526,220.24 27.51% 100.00% 22,346,693.49 35.08% Pa~e i CITY OF DUBUQUE SCHEDULE OF CITY FUNDS FOR MONTH ENDING DECEMBER 31, 2000 OI'HER FUNDS ~ CASH Change Funds Pe~y Cash Insurance Deposit Total COST BASIS 18,175.1)0 425.t6 1,000.00 19,600.16 TOTAL CITY FUNDS PERCENTAGE 0.03% CHECKING / SAVINGS ACCOUNTS: Ame~can Trust & Savings Bank (sv,~p A~ct) American Trust & Savings Bank (Bond Proc~ds) American Trust & Savings Bank (Housi~ Rehab) Dubuque Bank & Trust Co. (Sweep acc~s) Firstar Bank (~erdAmlmla~ce) L~berty cvt~) Premier (ut~i~D Total 9,324,710.12 5,604,399.73 103,824.66 3,627,478.11 368,613226 822.64 2,735.77 19,032,584.29 29.88% CEllrI'IFiCATES OF DEPOSIT: American Trust & Savings Bank Dupaco Community Credit Union Dubuque Bank & Trust Co. East Dubuque Savings Bank U.S. TREASURY OBLIGATIONS 2,000,000.00 1,175,629.96 2,000,000.00 6,000,000.00 11,175,629.96 11,121,545.00 17.54% 17.46% CORPORATE STOCK (Lyes i~ony True) 10,390.70 0.020/0 TOTAL Ol'l:llgR FUNDS 41,359,750.11 64.92% TOTAL CITY FUNDS 63,706,443.60 ~?.ECAP OF PORTFOLIO PERCENTAGES CASH CHECKING / SAVINGS ACCTS MUTUAL FUNDS (U.S. GOVERNMENT) CEKI1FICATES OF DEPOSIT U.S. TREASURY OBLIGATIONS FEDERAL AGENCY OBLIGATIONS CORPORATE STOCK Total MSNAGED FUNDS 0.00% 0.00% 2.360/0 0.63% 4.57°/0 27.51% 0.00% OTHER FUNDS 0.03% 29.880/0 0.00% 17.54% 17.46% 0.00°/0 0.020/0 COMBINED TOTAL 0.03% 29.88% 2.360/0 18.180/0 22.03% 27.51% 0.020/o 35.08°/0 100.00% Page 2 RESOLUTION NO. -01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Dubuque Discount Gas Inc. Dubuque Discount Gas Inc. Hill Street Plaza Nash Finch Company Dubuque Discount Gas+(Sunday Sale) Dubuque Discount Gas+(Sunday Sale) Oky Doky # 8+(Sunday Sale) EconoFoods ¢~-471+(Sunday Sale) 2175 Central AV 4110 Dodge St 535 Hill St 3355 JFK Rd Passed, approved and adopted this 5th day February, 2001 Attest: Terrance M. Duggan Mayor Jeanne F. Schneider City Clerk RESOLUTION NO. -01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and alt 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"(COMMERCIAL) BEER/LIQUOR LICENSE Town Clock Inn Inc Chi Chi's Inc Hammerheads, Inc James W. Goetzinger Dubuque Inn Corp. Pusateris Enterprise Davey Robertson Public Bar Town Clock Inn Chi-Chi's Mexican Restr+(Sunday Sale) Hammerheads Bar/Billiards+(Sunday Sale) Goetz's+(Sunday Sale) Best Western Dubuque Inn+(Sunday Sale) Pusateris+(Sunday Sale) Busted Lift(1 Day Outdoor Service) 799 Main St 800 Wacker Dr 2095 Kerper Blvd 2776 Jackson St 3434 Dodge St 2400 Central AV 180 Main St CLASS "B" WINE Nash Finch Company EconoFoods~471 3355 JFK Rd. Passed, approved and adopted this 5th day of February, 2001 Attest: Jeanne F. Schneider City Clerk Terrance M. Duggan Mayor