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Iowa and Locust Street Parking Ramps Repair Project AwardTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa and Locust Ramp Repair Project Bid Award DATE: March 25, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Sealed bids were received for the Iowa and Locust Ramp Repair Project. Parking Division Manager Tim Horsfield recommends award of the contract to the low bidder, Western Waterproofing Company, in the amount of $364,087, which is 2.5% under the engineer's estimate of $389,200. I concur with the recommendation and respectfully request Mayor and City Council approval. .1„.1-t44 ,,,,, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Tim Horsfield, Parking Division Manager THE CITY OF DUB Masterpiece on the Mississippi Dubuque kiAtZidi AO -America City 1111 r 2007 - 2012 - 2013 Parking Division 830 Bluff Street Dubuque, IA 52001 563-589.4267 www. cityofdubuque. org/parking March 25, 2014 To: Michael C. Van Milligen, City Manager From: Tim Horsfield, Parking Division Manager Subject: Iowa and Locust Ramp Repair Project Bid Award Introduction This memo will provide information regarding the bidding process for structural repairs to the Iowa and Locust Street parking ramps. Background As part of an ongoing Capital Improvement Project, each year the City has one of the parking ramps inspected and evaluated by a professional structural engineering to verify the stability of the facility for continued usage. This year we actually had two of the facilities inspected by Walker Parking, those being the Iowa and Locust Street ramps. Though the ramps are safe for vehicle parking, they are advising that some structural repairs are in need of completion this year if at all possible. This report also coincides with a report six years ago by Desman Associates and is actually the phase II of their recommendation. Discussion Subsequent to the original findings of the inspection, Walker Parking was contracted to establish plans and specifications to complete the necessary repairs at this time. The repairs include several concrete repairs in both ramps in the parking and travel areas of both ramps. Some of these repairs will include replacement of rebar along with placement of several areas of new deck sealant/coatings in both ramps. Also in both ramps, extensive stair tower repair will be completed which will include the actual closing of stair towers for a period of time. In addition, in the Locust Ramp, it was discovered that several areas of the limestone cladding on the exterior of the ramp have deteriorated to the point that several of the metal anchors are in need of replacement As the repairs are being completed, we will at times have to relocate monthly customers from their assigned areas. We hope to be able to accommodate these moves within the ramp which they park. We will most likely displace some public/hourly parking areas to accomplish this move. Anticipated completion date is August 29, 2014. 1 On March 19, 2014, sealed bids were received. The results of which are indicated below. Bi State Masonry $455,640.00 Innovative Masonry $546,739.00 Project Rest. $410,519.00 Vector Const. $373,370.00 E & H Restoration Merit Const. Ram Const. Western Water. $523,000.21 $561,027.00 $669,000.00 $364,087.00 The lowest bid submitted by Western Waterproofing from West Des Moines Iowa is 2.5% under the engineer's estimate of $389,200.00. Funding for this project is included in the Capital Improvement Plan (CIP # 730-1671). Recommendation I am recommending your approval and subsequent approval of awarding the contract to Western Waterproofing Company in the amount of $364,087.00. Cc: Maurice Jones, Economic Development Director Jennifer Larson, Budget Director 2 RESOLUTION NO. 112-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE IOWA AND LOCUST PARKING RAMP REPAIR PROJECT Whereas, sealed proposals have been submitted by contractors for the Iowa and Locust Parking Ramp Repair Project pursuant to Resolution No. 65-14 and Notice to Bidders published in a newspaper in the City of Dubuque, Iowa on the 21st day of February, 2014. Whereas, said sealed proposals were opened and read on the 19th day of March, 2014 and it has been determined that Western Waterproofing of West Des Moines, Iowa, with a bid in the amount of $364,087.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Western Waterproofing Company and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7th day of April, 2014. Attest: �.. /i °re; Kevin �irnstahl, CM ,'City Clerk PI 4/ Roy D. Buol, Mayor THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Changes to Special Events Permit Ordinance DATE: March 27, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Assistant City Manager Cindy Steinhauser, City Clerk Kevin Firnstahl and Assistant City Attorney Crenna Brumwell recommend City Council approval to changes to the Special Events Permit Ordinance. They will be making a presentation. I concur with the recommendation and respectfully request Mayor and City Council approval. IA/1144 ,,,,„ Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk Crenna Brumwell, Assistant City Attorney THE CITY OF Dui Masterpiece on the Mississippi March 25, 2014 To: Michael C. Van Milligen, City Manager From: Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk Crenna Brumwell, Assistant City Attorney Re: Proposed Changes to Special Events Permit ordinance Dubuque band AI -America City r 2007 • 2012 • 2013 Introduction The purpose of this memorandum is to recommend changes to the Special Events Permit ordinance. Background The City of Dubuque has a special event permit process and an established special events committee that reviews and makes recommendations for special events held in the city limits. This committee includes staff from the following departments: Police, Fire, Engineering, Health, Parking, Transit, Emergency Communications and the City Manager's office. Also included on the review team is Dan LoBianco from Dubuque Main Street Ltd. On average, this committee reviews 125 — 140 special events applications each year. Attached for your review is a copy of the city of Dubuque Special Event Permit Booklet and application. This application provides information on the various city requirements for a special event and includes everything from site management, signage, parking, traffic control, food service to public safety. Also included in this booklet is contact information for the various city departments and helpful tips for a successful event. This packet is distributed through the City Clerk's department and as part of the distribution process the Permit Clerk walks the applicant through the process explaining each section. The city also works with Dubuque Main Street to hold informational sessions prior to festival season to go over the special event permit process. The types of events that are required to fill out a Special Event Permit include: parades, rallies or marches, block parties, festivals, fundraisers such as a walk or run, street closures, fireworks, vigils, dedication ceremonies, remembrance ceremonies and events on city property or right of way. This application is covered under Title 10-4 of the city Code of Ordinances. In March 2014, after a review of the existing special events ordinance, city staff recommended revision of the ordinance to the City Council. These revisions involved clarifying when a special event permit would be required on public or private property as well as establishing a waiver policy in response to repeated requested from organizations hosting special events. At the March 3, 2014 City Council meeting staff presented their recommendations. Based upon the discussion, the City Council referred the matter back to staff for additional information, clarification on what was being proposed and the impact to the existing process. The purpose of this memo is to provide additional information and clarification. The first issue addressed in this memo involves courtesy permits. In 2004 and 2005, the city saw an increase in gatherings on public right of way and many of these gatherings were for the purposes of protesting a specific business. As a result, the city fielded a number of citizen complaints regarding these demonstrations because they were blocking access to public right of way (specifically access to sidewalks and streets). In several specific instances, sidewalks were impassable and residents living in a cul-de- sac could not access their homes or driveways due to the number of people gathered and vehicles blocking the street. As a result of this and based upon research conducted by city staff from the Police Department and City Attorney's office, the city code was amended to require that groups of twenty -fine (25) or more would be required to obtain a courtesy permit from the city of Dubuque. No one would be denied a permit and this permit would be issued without charge and would simply include the day, time, manner and conditions of the event. This policy allowed public safety officials to have the contact information of the organizer(s) in advance in case there were complaints or calls for service to the event that needed public safety response. This policy was later revised based upon first amendment case law to require a courtesy permit for gatherings of 24 or less persons. However, the city code was not amended to reflect a change in procedure. Following the end of the 2011 special event season, the Special Event Permit committee met to discuss issues regarding 2011 events and to suggest changes to the existing permit process. This year-end review has been our practice for over 10 years. Attached is the memo from January 2012 summarizing the year-end review and requesting approval of several recommendations. Included in this memo was the recommendation that special event permits be required for parish festivals and motorized rides or runs. When the special event permit application process was originally established parish festivals and motorized rides or runs were exempted. City staff involved with the process at the time was unable to find documentation justifying this exemption. During the 2011 event season, the city experienced several motorcycle rides and runs that impacted traffic management and safety. In addition, a local church festival experienced a fire that had the potential to become a significant incident. In the case of the church festival witnesses to the fire identified hazards and areas of concern. These matters are typically addressed through the special event permit process including set- up, fire safety hazards and ingress/egress. These situations raised concerns that these private events have an impact on public safety and should be required to submit a special event permit. As a result, in February 2012 City Council approved the 2 recommendation that these events be required to obtain a special event permit. Recognizing that this is a new requirement, the City Council approved for the first year only that the special event permit fees be waived for these previously exempted properties/events. City staff hosted a series of trainings/meetings in March 2012 to review the permit application process, give tips in their area of expertise and to answer specific questions by the organizers. Lastly, as part of the permit process applicants are required to submit a completed application a minimum of 30 -days prior to their event. As part of this submittal, applicants must include a refundable deposit ($50 for non-alcoholic events, $300 for events involving alcohol), a signed indemnity agreement and provide proof of insurance as required by the city. Applicants are also charged a $50 non-refundable processing fee to review and process the applications. In the past the city has received requests to waive each of the various requirements and in response to recommendations from the Safe Community Task Force, the City Council has waived the application fee, deposit and insurance requirement for events such as neighborhood block parties. Discussion In response to increase requests to waive the fee, deposit, indemnity and insurance requirements city staff from the City Manager's Office, City Clerks and Legal Department met to review and develop a standardized Special Event Waiver Policy. During the course of this review staff identified additional language in the ordinance that needed revision based upon the background provided above. The following revisions are being recommended in the proposed ordinance: Despite the policy of requiring a courtesy permit for gatherings of 24 or less persons or a special event permit for gatherings of 25 or more persons the existing ordinance addresses groups of 25 or more and does not distinguish on the location of the group. As a result, the current ordinance requires a permit for any gathering of 25 or more whether that event takes place on public or private property. This is inconsistent with the original intent of the policy and needs to be modified to reflect the original intent and current practice. The proposed revision would also allow for gatherings of 24 or less to file a courtesy permit if they so choose. This courtesy permit will be for informational purposes only to facilitate public safety and will only include the day, time, location and nature of the event. No fees, insurance or indemnity would be required. The proposed revision further requires a special event permit for gatherings of 25 or more persons on public right -or -way with requirements for fees, insurance and indemnification. Currently, for events on private property the current practice does not require a permit. However, the ordinance does require a permit. This needs to be changed for consistency. The proposed amendment to the code will specifically state that events on private property ordinarily do not require a special events permit. A permit stating the time, manner and location of such event will be required when the event sponsor knows or reasonably should know that the event will substantially affect public health or safety 3 or the peace and quiet of a neighborhood by reason of the number of persons attending such event, the use of outdoor music or amplified noise, and the likely effect on traffic and parking, and: a. A fee is charged to attendees; or b. The property possesses a zoning classification other than residential and the event is outside of the original intent or purpose of the property or facility on the property. Example #1 (Permit required): A big box retailer (zoned commercial) decides to hold a public monster truck rally in their parking lot? The answers to the following questions must all be yes before a permit will be required. • Will the event substantially affect public health, safety, area noise, traffic and parking? • Is a fee charged to public attendees? • Is the zoning other than residential? • Is the event outside of the original intent or purpose of the facility/property? Example #2 (No permit required): An individual property owner is having a private wedding or graduation party (invitation only) at their home? If the answer to any of the following questions is no, then a permit is not required. • Will the event substantially affect public health, safety, area noise, traffic and parking? • Is the event open to the public? • Is a fee charged to attendees? • Is the zoning other than residential? • Is the event outside of the original intent or purpose of the facility/property? Fees There are no proposed changes to the existing fee structure or refundable deposit. The proposed language simply cleans up and codifies the language regarding the permit fee and refundable deposit. Waiver Policy The proposed language provides for the establishment of a waiver policy. A summary of the waiver policy recommendation is as follows: Permit Application Fee Waiver criteria: • Veteran's events: including memorial services, parades, and Federal or State designated holidays. The event for veterans must be organized by a Veteran's organization. 4 • Events that are identified as furthering the Safe Community Task Force recommendations including such events as neighborhood gatherings, neighborhood or community -wide cleanup. • Vigils and parades for Federal or State designated holidays. Deposit Fee Waiver (non-alcoholic events only): • Veteran's events: including memorial services, parades, and Federal or State designated holidays. The event for veterans must be organized by a Veteran's organization. • Events that are identified as furthering the Safe Community Task Force recommendations including such events as neighborhood gatherings, neighborhood or community -wide cleanup. Insurance and Indemnity Waivers (non-alcoholic events only): • Low -impact events: including events confined to a specific area and do not encroach upon the travel portion of streets or sidewalks. • Veteran's events: including memorial services, parades, and Federal or State designated holidays. The event for veterans must be organized by a Veteran's organization. • Events that are identified as furthering the Safe Community Task Force recommendations including such events as neighborhood gatherings, neighborhood or community -wide cleanup. This recommendation was developed after a review of current practices, recommendations from the Safe Community Task Force and case law. The attached ordinance establishes authority for the City Manager under Title 10-4 to grant waivers to the Special Event Permit Application process. The remaining changes to the ordinance, such as valet parking, are not substantial and are noted as a revision simply due to separating the requirements from the special events process. While much of the proposed ordinance is the same as what was previously presented in March 2014, there is one significant difference. The language referring to private property and when a permit was or was not required was moved into its own section. This was done because the previously proposed ordinance appeared to create confusion between the distinction of private property and public right of way and when a permit would be required. Action The requested action is for City Council to adopt the proposed ordinance revisions. Cc: Pam McCarron, Permit Clerk 5