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Proceedings January 2001 Regular Session, January 2, 2001 1 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, January 2, 2001 Council Met in Special Session at 5:00 P.M. in Approved:__________________________2001 the Library Auditorium Present: Mayor Duggan, Council Members Adopted:___________________________2001 Buol, Cline, Markham, Michalski, Nicholson, Robbins; City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl ______________________________________ Also Present - Historic Preservation Mayor Commissioners and Historic Preservation Ordinance Task Force Members: Terry Mozena, ______________________________________ Chair and Commissioners: Pamela Bradford, Suzanne Guinn, Chris Wand, and Ken Kringle; ______________________________________ Jim Gross of the Board of Realtors; Cheryl Whalen, representing a Historic District; and ______________________________________ Regina Thibeau of the Historical Society. ______________________________________ Mayor Duggan read the call and stated this is a special session of the City Council called for ______________________________________ the purpose of conducting a joint session with the Historic Preservation Commission. ______________________________________ Terry Mozena led the discussion and went ______________________________________ over the combined report of the Historic Council Members Preservation Commission and the Historic Preservation Ordinance Task Force. Attest: There being no further business, upon ______________________________________ consensus this special meeting adjourned at City Clerk 6:35 P.M. /s/ Jeanne F. Schneider City Clerk 2 Regular Session, January 2, 2001 DUBUQUE the proper check. Seconded by Robbins. Motion carried 7-0. CITY COUNCIL OFFICIAL Monitoring Wells at 925 Kerper: City Manager PROCEEDINGS recommending approval of a request from IT Group to install four new groundwater City Council Regular Session, January 2, 2001 monitoring wells on City property adjacent to Council Met in Regular Session at 6:36 P.M. in 925 Kerper Boulevard, presented and read. the Library Auditorium Buol moved that the communication be received Present: Mayor Duggan, Council Members and filed. Seconded by Robbins. Motion carried Buol, Cline, Markham, Michalski, Nicholson, 7-0. Robbins, City Manager Michael Van Milligen, RESOLUTION NO. 1-01 Corporation Counsel Barry Lindahl. RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF Mayor Duggan read the call and stated this is DUBUQUE, IOWA AND MIDAMERICAN the regular session of the City Council called for ENERGY COMPANY TO INSTALL the purpose of acting upon such business which MONITORING WELLS ON PUBLIC RIGHT-0F- may properly come before the City Council. WAY IN THE VICINITY OF 925 KERPER BOULEVARD Invocation was given by Deacon Bill Mauss of WHEREAS, MidAmerican Energy Company St. Anthonys Catholic Church. has requested permission from the City of Dubuque to install groundwater-monitoring wells PROCLAMATIONS: Martin Luther King, Jr. on City right-of-way of Kerper Boulevard, for the Days (January 14 and 15, 2001) received by Bill purpose of assessing groundwater conditions Hickson and Ernestine Maas. relating to the former Peoples Natural Gas site; and, CONSENT ITEMS WHEREAS, a License Agreement Right-of- Entry for Site Assessment has been prepared Minutes Submitted: Building Code Board of outlining the responsibilities of MidAmerican Appeals of 12/14; City Council Proceedings of Energy Company in the installation of monitoring 12/18; Civil Service Commission of 12/7; wells on the public right-of-way; and, Community Development Advisory Commission WHEREAS, the performance of the activities of 9/12, 10/17, and 11/21; Five Flags of MidAmerican Energy Company will be at no Commission of 11/20, presented and read. Buol cost or expense to the City and all work will be moved that the minutes be received and filed. performed by the Licensee, MidAmerican Seconded by Robbins. Motion carried 7-0. Energy, or its employees, agents for subcontractor; and, Proof of Publication of Council Proceedings for WHEREAS, it is the desire of the City Council 11/29 and 12/4, presented and read. Buol to enter into said License Agreement for the moved that the proof be received and filed. installation of monitoring wells in the public right- Seconded by Nicholson. Motion carried 7-0. of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY Notice of Claims/Suits: Matthew Germain in THE CITY COUNCIL OF THE CITY OF undetermined amount for vehicle damage; Ed DUBUQUE, IOWA: Kruse in estimated amount of $153.17 for Section 1. That the License Agreement for vehicle damage; Ellen Zelinskas in estimated Right-of-Entry for Site Assessment be and the amount of $653.85 for vehicle damage; Gary same is hereby approved. and Susan Reiter in estimated amount of Section 2. The Mayor be and is hereby $160.70 for vehicle damage, presented and authorized to execute said License Agreement read. Buol moved that the claims and suits be for and on behalf of the City Council. referred to the Legal Staff for investigation and Passed, approved and adopted this 2nd day of report. Seconded by Robbins. Motion carried 7- January, 2001. 0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Corporation Counsel recommending Buol moved adoption of the resolution. settlement of the claim of Wade Pilcher in the Seconded by Robbins. Motion carried 7-0. amount of $58.30 for towing charges, presented and read. Buol moved that the communication IDOT Project Agreement - Northwest Arterial, be received and filed and concurred with the Phase IV: City Manager recommending approval recommendation and Finance Director to issue of an agreement between the City and the Iowa Department of Transportation relating to Regular Session, January 2, 2001 3 construction of a recreational trail to be graded has been completed and the City manager has as part of the Northwest Arterial, Phase IV examined the work and filed his certificate extension to US 52, presented and read. Buol stating that the same has been completed moved that the communication be received and according to the terms of the contract, plans and filed. Seconded by Robbins. Motion carried 7-0. specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 2-01 THE CITY COUNCIL OF THE CITY OF RESOLUTION APPROVING COOPERATIVE DUBUQUE, IOWA: AGREEMENT WITH THE IOWA Section 1. That the recommendation of the DEPARTMENT OF TRANSPORTATION City Manager be approved and that said RELATING TO THE GRADING FOR A improvement be and the same is hereby RECREATIONAL TRAIL AS PART OF THE accepted. CONSTRUCTION OF THE NORTHWEST BE IT FURTHER RESOLVED that the City ARTERIAL EXTENSION FROM JOHN F. Treasurer be and he is hereby directed to pay to KENNEDY ROAD TO US 52 the contractor from the Fiscal Year 2000 Street Whereas, the Iowa Department of Program, the General Retaining Wall Repair Transportation (IDOT) is proposing to construct Fund, the General Sanitary Sewer Repair Fund, a four-lane divided highway extending from its and the General Guardrail Replacement Fund in current terminus of John F. Kennedy Road to amounts equal to the amount of this contract, US 52; and, less any retained percentage provided for Whereas, IDOT has prepared a project therein. agreement outlining the terms under which the Passed, approved and adopted this 2nd day of grading for a recreational trail can be January, 2001. incorporated into the construction project; and, Terrance M. Duggan, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque approves the terms and conditions of Nicholson moved adoption of the Resolution. said cooperative agreement. Seconded by Buol. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 4-01 THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATE DUBUQUE, IOWA: Section 1. That the Iowa Department of Whereas, the contract for the Klingenberg Transportation Agreement No. 99-4-095B Terrace Retaining Wall Reconstruction Project consisting of the project agreement for the has been completed and the City Engineer has grading for a recreational trail to be constructed submitted his final estimate showing the cost as part of the Northwest Arterial construction thereof including the cost of estimates, notices from John F. Kennedy to US 52. and inspection and all miscellaneous costs; Section 2. That the Mayor be authorized and NOW, THEREFORE, BE IT RESOLVED BY directed to execute two copies of the THE CITY COUNCIL OF THE CITY OF cooperative agreement and forward the DUBUQUE, IOWA: executed copies to the Iowa Department of Section 1. That the cost of said improvement is Transportation. hereby determined to be $345,804.99 and the nd Passed, approved and adopted this 2 day of said amount shall be paid from the Fiscal Year January, 2001. 2000 Street Program, the General Retaining Terrance M. Duggan, Mayor Wall Repair Fund, the General Sanitary Sewer Attest: Jeanne F. Schneider, City Clerk Repair Fund, and the General Guardrail Buol moved adoption of the resolution. Replacement Fund. nd Seconded by Robbins. Motion carried 7-0. Passed, approved and adopted this 2 day of January, 2001. Klingenberg Terrace Retaining Wall Terrance M. Duggan, Mayor Reconstruction Project - Acceptance: City Attest: Jeanne F. Schneider, City Clerk Manager recommending acceptance of the Nicholson moved adoption of the Resolution. Klingenberg Terrace Retaining Wall Seconded by Buol. Motion carried 7-0. Reconstruction Project in the final contract amount of $318,626.99, presented and read. Human Rights Commission Annual Report: Nicholson moved that the communication be City Manager submitting the annual report of the received and filed. Seconded by Buol. Motion Human Rights Commission for the period July 1, carried 7-0. 1999 through June 30, 2000, presented and read. Buol moved that the report be received RESOLUTION NO. 3-01 and filed. Seconded by Robbins. Motion carried ACCEPTING IMPROVEMENT 7-0. Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction Project 4 Regular Session, January 2, 2001 Iowa Department of Transportation: Official KT Restaurants Inc. LLC Godfather’s notification from the Iowa Department of Pizza + (Sunday Sale) 1575 JFK Rd. Transportation that they are letting a CLASS “C” BEER PERMIT cracksealing project on US 52 from St. Donatus Iowa Oil Co. IOCO Speede Shoppe northerly 12 miles to Grandview Avenue in +(Sunday Sale) 3200 Central Ave Dubuque and that a portion of the project lies Passed, approved and adopted this 2nd day of within the corporate limits of Dubuque, January , 2001. presented and read. Buol moved that the Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Robbins. Motion carried 7-0. Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Peoples Natural Gas/Energy One: RESOLUTION NO. 7-01 Communication from Peoples Natural Gas/Energy One regarding their concern about Whereas, applications for Liquor Licenses the current high natural gas prices, presented have been submitted to this Council for approval and read. Buol moved that the communication and the same have been examined and be received and filed. Seconded by Robbins. approved; and Motion carried 7-0. Whereas, the premises to be occupied by such applicants were inspected and found to comply State Historical Society of Iowa: with the State Laws and all City Ordinances Communication from the State Historical Society relevant thereto and they have filed proper of Iowa advising that Four Mounds has been bonds. listed in the National Register of Historic Places NOW, THEREFORE, BE IT RESOLVED BY effective November 17, 2000. Buol moved that THE CITY COUNCIL OF THE CITY OF the communication be received and filed. DUBUQUE, IOWA: Seconded by Robbins. Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Liquor RESOLUTION NO. 5-01 License. NOW, THEREFORE, BE IT RESOLVED BY CLASS “B” (HOTEL/MOTEL) THE CITY COUNCIL OF THE CITY OF BEER/LIQUOR LICENSE DUBUQUE, IOWA: WCB Hotels, Inc. Hoffman House/3100 That the following having complied with the Club+(Sunday/Outdoor Sale) 3100 Dodge St provisions of law relating to the sale of CLASS “C”(COMMERCIAL) Cigarettes within the City of Dubuque, Iowa, be BEER/LIQUOR LICENSE granted a permit to sell Cigarettes and Cigarette DBQ County Historical Society The Ryan Papers within said City. House +(Sunday Sale) 1375 Locust St NEW Dolores Weber Ten Pin Tap+ Walgreens # 6154 Walgreen Co. 2260 JFK Rd. (Sunday Sale) 601 Rhomberg Ave Passed, approved and adopted this 2nd day of Breezers Pub Co Breezers Pub January, 2001. +(Sunday Sale) 600 Central Ave Terrance M. Duggan, Mayor Passed, approved and adopted this 2nd day of Attest: Jeanne F. Schneider, City Clerk January, 2001. Buol moved adoption of the resolution. Terrance M. Duggan, Mayor Seconded by Robbins. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. RESOLUTION NO. 6-01 Seconded by Robbins. Motion carried 7-0. Whereas, applications for Beer Permits have been submitted and filed to this Council for BOARDS/COMMISSIONS approval and the same have been examined Appointments to the following Board: Housing and approved; and Code Appeals Board (3 terms expiring 1/11/04) Whereas, the premises to be occupied by such Applicants: William J. Kinsella; Robert Schaub; applicants were inspected and found to comply Edward A. Swift. with the Ordinances of this City and have filed Markham moved that William J. Kinsella, proper bonds. Robert Schaub and Edward A. Swift be NOW, THEREFORE, BE IT RESOLVED BY reappointed to terms expiring 1/11/04. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA: That the Manager be authorized to cause to be PUBLIC HEARINGS issued the following named applicants a Beer Permit. Michalski moved to suspend the rules to allow CLASS ” B” BEER PERMIT anyone present to address the Council if they so Regular Session, January 2, 2001 5 desire. Seconded by Nicholson. Motion carried copy of this resolution in the office of the City 7-0. Assessor, Dubuque County Recorder and Dubuque County Auditor. nd Oak Meadows Second Addition - Request to Passed, approved and adopted this 2 day of Vacate: Proof of publication on notice of hearing January, 2001. to consider disposing of interest and to vacate Terrance M. Duggan, Mayor easements over Lot 1, Lot 2, and Lot A of Oak Attest: Jeanne F. Schneider, City Clerk Meadows Second Addition at the request of Jim Robbins moved adoption of the Resolution. Stock Realty & Construction, presented and Seconded by Cline. Motion carried 7-0. read. Robbins moved that the proof be received and filed. Seconded by Cline. Motion carried 7-Nicholson moved that the rules be reinstated 0. limiting discussion to the Council. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 8-01 RESOLUTION DISPOSING OF INTEREST ACTION ITEMS AND VACATING A 20-FOOT WIDE WATERMAIN EASEMENT AND 5 AND 10 City Council Appointments: City Council FOOT WIDE UTILITY EASEMENTS OVER appointments to the Dubuque Racing LOT 1, LOT 2, AND LOT A OF OAK Association (currently Mayor Duggan and MEADOWS SECOND ADDITION IN THE CITY Council Members Buol and Markham); OF DUBUQUE, DUBUQUE COUNTY, IOWA Operation: New View (currently Council Whereas, pursuant to resolution and published Members Robbins and Cline); and various notice of time and place of hearing, published in Board and Commissions, presented and read. the Telegraph Herald, a newspaper of general Michalski moved that the current Council circulation published in the City of Dubuque, Members and City Manager be reappointed. Iowa on 21st day of December, 2000, the City Seconded by Nicholson. Motion carried 7-0. Council of the City of Dubuque, Iowa met on the 2nd day of January, 2001, at 6:30 p.m. in the Iowa League of Cities Conference: City Public Library Auditorium, 11th and Locust, Manager recommending approval of a bid Dubuque, Dubuque, County, Iowa to consider package for the Iowa League of Cities 2004 the proposal for the release of real estate Annual Conference and designating a liaison to described as: the Iowa League, presented and read. A 20-foot wide watermain easement and a 5 and Buol moved that the communication be 10 foot wide utility easements on portions of Lot received and filed and concurred with 1, Lot 2 and Lot A of Oak Meadows Second recommendation and designated Ann Michalski Addition in the City of Dubuque, Iowa, as shown as the liaison. Seconded by Nicholson. Motion on the attached Exhibits A and B. carried 7-0. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, Michalski requested urging the League to add oral or written to the proposal to dispose of additional choices for break-out sessions and interest of the City of Dubuque, Iowa, in the that the City have more rooms available. hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY Town Clock Plaza - Alternative Street Designs: THE CITY COUNCIL OF THE CITY OF City Manager recommending that the City DUBUQUE, IOWA: Council conduct a worksession on January 15, Section 1. That the disposal of the interest of 2001 to review information and provide input on the City of Dubuque, Dubuque County, Iowa in the Town Clock Plaza design alternatives, real property described as 20-foot wide presented and read. Nicholson moved that the watermain easement and a 5 and 10 foot wide communication be received and filed and utility easements on portions of Lot 1, Lot 2 and concurred with recommendation. Seconded by Lot A of Oak Meadows Second Addition in the Buol. Motion carried 6-0. City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and Bunker Hill Golf Course Operation: City filing fees. Manager recommending approval of a change to Section 2. That the Mayor be authorized and the operational structure at Bunker Hill Golf directed to execute a Release of Easement, and Course, presented and read. Buol moved that the City Clerk be and is hereby authorized and the communication be received and filed and directed to deliver said Release to Jim Stock concurred with recommendation. Seconded by Realty & Construction, upon receipt of the above Nicholson. Motion carried 7-0. fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified 6 Regular Session, January 2, 2001 There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 7:04 P.M. /s/ Jeanne F. Schneider City Clerk Approved:__________________________2001 Adopted:___________________________2001 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk Special Session, January 11, 2001 7 DUBUQUE CITY COUNCIL whether Eighth Street, from Iowa to Central, OFFICIAL would remain closed or opened was debated. PROCEEDINGS There being no further business, upon motion City Council, Special Session, Thursday, meeting adjourned at 5:15 P.M. January 11, 2001 Council met in Special Session at 4:00 P.M. in Karen M. Chesterman the Board of Supervisors Chambers in the Deputy City Clerk Dubuque County Courthouse. 1t 1/17 Present: Council Members Buol, Cline, Approved:__________________________2001 Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Adopted:___________________________2001 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: Mayor Jim Waller, Alan Manternach 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 Council Members Investment and Peninsula Gaming to the America’s River Project, upon motion received Attest: and filed. Michalski moved adoption of Resolution No. 9-01 Intent to Accept Transfer of ______________________________________ Certain Real Estate in Dubuque County, Iowa City Clerk 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 8 Regular Session, January 15, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 15, 2001 At 5:00 P.M. Council had dinner in the Second Approved:__________________________2001 Floor Rotunda of the Public Library. At 5:36 P.M. Council convened for the Special Adopted:___________________________2001 Session in the Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, ______________________________________ Robbins, City Manager Michael Van Milligen, Mayor 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 Members Council within the next two months. Attest: Upon consensus the Special Session adjourned at 5:55 P.M. ______________________________________ City Clerk Jeanne F. Schneider City Clerk Regular Session, January 15, 2001 9 DUBUQUE Parking Ramp, presented and read. Buol moved that the claims and suits be referred to the Legal CITY COUNCIL Staff for investigation and report. Seconded by OFFICIAL Robbins. Motion carried 7-0. PROCEEDINGS Corporation Counsel advising the following City Council, Regular Session, January 15, claims have been referred to Public Entity Risk 2001 Services of Iowa, the agent for the Iowa Council Met in Regular Session at 6:30 P.M. in Communities Assurance Pool: CDI Excavating the Library Auditorium Incorporated for property damage; Dubuque Present: Mayor Duggan, Council Members Rescue Mission for property damage; Ellens = Buol, Cline, Markham, Michalski, Nicholson, Floral Gallery for loss of business; Matthew D. Robbins, City Manager Michael Van Milligen. Germain for vehicle damage; Qwest for property damage; Silver Dollar Cantina for loss of Mayor Duggan read the call and stated this is business; and Ellen Zelinskas for vehicle the regular session of the City Council called for damage, presented and read. Buol moved that the purpose of acting upon such business which the communications be received and filed and may properly come before the City Council. concurred with the referrals. Seconded by Robbins. Motion carried 7-0. Invocation was given by Reverend Sean Hirschy, Youth Minister of Word of Life Church. Corporation Counsel recommending settlement of the vehicle damage claim of CONSENT ITEMS Edward M. Kruse in the amount of $153.17 for vehicle damage; and Gary and Susan Reiter in Minutes Submitted: Cable Community the amount of $160.70 for vehicle damage and Teleprogramming Commission of 12/5; City that the Finance Director be directed to issue Council Proceedings of 1/2; Historic payment, presented and read. Buol moved that Preservation Commission of 12/21; Library the communication be received and filed and Board of 11/16; Park and Recreation authorized Finance Director to issue proper Commission of 12/12; Zoning Board of checks. Seconded by Robbins. Motion carried 7- Adjustment of 12/21, presented and read. Buol 0. moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0. Citizen Communication: Communication from Tara Winger, presented and read. Buol moved Proof of publication for Council Proceedings of that the communication be received and filed. 12/18; Lists of Claims and Summary of Seconded by Robbins. Motion carried 7-0. Revenues for Month Ending November 30, 2000, presented and read. Buol moved that the Fischer Cold Storage Demolition Permit: City proofs be received and filed. Seconded by Manager recommending approval of a Nicholson. Motion carried 7-0. demolition permit for the Fischer Cold Storage Building, located within the Ice Harbor Permit Printed Council Proceedings for the Month of Moratorium District, presented and read. Buol November, 2000, presented and read. Buol moved that the communication be received and moved that the proceedings be approved as filed and concurred with recommendation. printed. Seconded by Robbins. Motion carried 7- Seconded by Robbins. Motion carried 7-0. 0. Section 8 Program Housing Vouchers: City Notice of Claims/Suits: David and Monica Manager recommending approval of an Ackley in undetermined amount for vehicle application to the U.S. Department of Housing damage; Vicki Bechen in estimated amount of and Urban Development for forty Section 8 $2,654.14 for property damage; Don Ernzen in Program Housing Vouchers, presented and estimated amount of $17.99 for property read. Buol moved that the communication be damage; Rhonda Gotto in estimated amount of received and filed. Seconded by Robbins. $164 for vehicle damage; Ronnie Hess in Motion carried 7-0. estimated amount of $2,600 for vehicle damage; Kelly LeFevour in undetermined amount for RESOLUTION NO. 10-01 vehicle damage; Shot Tower Inn in estimated A RESOLUTION AUTHORIZING THE MAYOR amount of $1,200 for loss of business; John TO EXECUTE AN APPLICATION TO Vollenweider in estimated amount of $1,145.29 PARTICIPATE IN THE SECTION 8 HOUSING for vehicle damage; Walser Movers, Inc., in VOUCHER PROGRAM estimated amount of $36,322 for public Whereas, the City of Dubuque recognizes the improvements provided at the Fifth Street continuing unmet need for provision of assisted 10 Regular Session, January 15, 2001 housing to the City's qualifying lower-income application in accordance with requirements of families; and Chapter 403.A.28 of the Code of Iowa, to review Whereas, the City has continuously provided and/or approve or suggest modifications of the housing assistance to Section 8 Housing plans for program design and administration of Program tenants, since 1976; and this proposed program. Whereas, the U.S. Department of Housing and Section 5. The City Manager is hereby Urban Development has made funding available authorized and directed to forward said to encourage municipalities to implement application and resulting standard executed innovative programs promoting the economic contract to the respective agencies in a timely independence of lower-income families, through fashion and as required by the U.S. Department cooperating efforts of the public and private of Housing and Urban Development. sectors; and Passed, approved and adopted this 15th day Whereas, and in accordance with Section of January, 2001. 403A.5 of the Iowa Code which states Terrance M. Duggan, Mayor "A municipality or a 'Municipal Housing Agency' Attest: Jeanne F. Schneider, City Clerk may not proceed with a housing project until a Buol moved adoption of the resolution. study or a report and recommendation on Seconded by Robbins. Motion carried 7-0. housing available within the community is made public by the municipality or agency and is Sunnyslope Estates - Phase 4 Accepting B included in its recommendation for a housing Public Improvements: City Manager project. Recommendations must receive recommending acceptance of the public majority approval from the local governing body improvements as completed by the developer, before proceeding on the housing project." Moore Development, Ltd., in Sunnyslope AND IN ACCORDANCE WITH Section 213(c) Estates - Phase 4. Buol moved that the of the Housing and Community Development communication be received and filed. Seconded Act of 1974, which states in part that it must be by Robbins. Motion carried 7-0. determined whether or not there is a need for RESOLUTION NO. 11-01 such housing assistance, taking into ACCEPTING IMPROVEMENTS IN SUNNY- consideration any applicable State or areawide SLOPE ESTATES PHASE 4 housing assistance plan as well as generally BB available data with respect to population, Whereas, pursuant to Resolution No. 1-97, poverty, housing over-crowding, housing certain improvements including street paving, vacancies and substandard housing. An storm sewer, sanitary sewers and watermain application may be approved only if this and street lighting were installed by the determination is in the affirmative; and developer of Sunnyslope Estates Phase 4. B Whereas, this application is consistent with the Whereas, the improvements have been current Comprehensive Housing Affordability completed and the City Manager has examined Strategy and Consolidated Plan for the City of the work and has filed a certificate stating that Dubuque. the same has been completed in accordance NOW THEREFORE, BE IT RESOLVED BY with the plans approved by the City Council and THE CITY COUNCIL OF DUBUQUE, IOWA: in conformance with City specifications, and has Section 1. The City of Dubuque has recommended that the improvements be determined there is a need for additional accepted by the City Council. housing assistance and is knowledgeable of the NOW, THEREFORE, BE IT RESOLVED BY status of available housing within the City as THE CITY COUNCIL OF THE CITY OF required by Iowa Code and that majority DUBUQUE, IOWA: approval of the proposed housing activity within Section 1. That the recommendation of the the City's jurisdiction is hereby granted. City Manager be approved and that said Section 2. This resolution is intended to serve improvements in Sunnyslope Estates Phase 4 B as the City of Dubuque's final notice to the U.S. be and the same is hereby accepted. Department of Housing and Urban Development Section 2. That maintenance of said of such approval and that no additional comment improvements shall be the responsibility of the will be made by the City of Dubuque on this contractor and the owner for a period of two matter. years from this date. th Section 3. The Mayor is authorized and Passed, approved and adopted this 15 day of directed to execute an application to the U.S. January, 2001. Department of Housing and Urban Development Terrance M. Duggan, Mayor for participation in the Section 8 Housing Attest: Jeanne F. Schneider, City Clerk Voucher Program. Buol moved adoption of the resolution. Section 4. The City of Dubuque Housing Seconded by Robbins. Motion carried 7-0. Commission is hereby directed to conduct the necessary public hearing regarding this Regular Session, January 15, 2001 11 Historic Resource Development Program amendment to an agreement with IDOT Grant Application: City Manager recommending regarding the Southwest Arterial Environmental approval of the submission of an application for Assessment, presented and read. Buol moved Historic Resource Development Program that the communication be received and filed. funding to conduct an architectural/historic Seconded by Robbins. Motion carried 7-0. survey, presented and read. Buol moved that RESOLUTION NO. 13-01 the communication be received and filed. RESOLUTION APPROVING FIRST AMEND- Seconded by Robbins. Motion carried 7-0. MENT TO AN AGREEMENT BETWEEN THE RESOLUTION NO. 12-01 CITY OF DUBUQUE, IOWA, AND THE IOWA RESOLUTION APPROVING THE SUBMIS-DEPARTMENT OF TRANSPORTATION FOR SION OF AN APPLICATION FOR HISTORIC JOINT AND COOPERATIVE ACTION TO RESOURCE DEVELOPMENT PROGRAM STUDY THE SOUTHWEST ARTERIAL FUNDING TO CONDUCT AN AROUND THE CITY OF DUBUQUE ARCHITECTURAL/HISTORIC SURVEY. Whereas, the Iowa Department of Whereas, the State Historical Society of Iowa Transportation has been performing an update has announced the availability of Historic of the environmental study on the proposed Resource Development Program (HRDP) grant corridor of the Southwest Arterial approved by funds; and FHWA dated March 25, 1987; and, Whereas, the evaluation and survey of Whereas, a prior project agreement with the properties are eligible activities for HRDP Iowa Department of Transportation was funding; and previously approved on May 6, 1996; and, Whereas, the State Historical Society has Whereas, the Iowa Department of advised that an architectural/historic survey is Transportation has proposed a first amendment necessary for the renewal of a Memorandum of to the agreement for the allocation of Phase II Agreement between the State and City for the funding for the project; and, purposes of conducting local Section 106 Whereas, the City Council of the City of reviews; and Dubuque approves the terms and conditions of Whereas, the City of Dubuque Historic said first amendment. Preservation Commission has reviewed and NOW, THEREFORE, BE IT RESOLVED BY endorsed the proposed architectural/historic THE CITY COUNCIL OF THE CITY OF survey. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the Iowa Department of THE CITY COUNCIL OF THE CITY OF Transportations first amendment to the = DUBUQUE, IOWA: cooperative prime agreement dated May 6, Section 1. That the submission of an 1996, with the Iowa Department of application for HRDP funds to conduct an Transportation and the City for the allocation of architectural/historic survey is hereby approved. $503,674 in additional funding for Phase II of the Section 2. That the Planning Services environmental assessment be approved. Manager is hereby authorized to sign the Section 2. That the City Council approves of contract with and submit requests for the terms and conditions of said first reimbursements to the State Historical Society amendment. of Iowa for HRDP funds to conduct an Section 3. That the Mayor is hereby authorized architectural/historic survey. and directed to execute four copies of the first Section 3. That the Planning Services amendment and forward the executed copies to Manager is authorized to utilize budgeted the Iowa Department of Transportation. th Community Development Block Grant Funds to Passed, approved and adopted this 15 day of provide the required local match should the January, 2001. HRDP application be approved by the State Terrance M. Duggan, Mayor Historical Society of Iowa. Attest: Jeanne F. Schneider, City Clerk Section 4. That the City of Dubuque agrees to Buol moved adoption of the resolution. abide by all local, state and federal requirements Seconded by Robbins. Motion carried 7-0. applicable to the proposed project. Passed, approved and adopted this 15th day Dubuque County Historical Society B of January, 2001. Environmental Review: City Manager Terrance M. Duggan, Mayor recommending publication of a combined Notice Attest: Jeanne F. Schneider, City Clerk of Finding of No Significant Impact on the Buol moved adoption of the resolution. Environment and Notice of Intent to Request Seconded by Robbins. Motion carried 7-0. Release of Funds for the Dubuque County Historical Societys handicap ramp, presented = Southwest Arterial Environmental Assessment: and read. Buol moved that the communication City Manager recommending approval of an 12 Regular Session, January 15, 2001 be received and filed. Seconded by Robbins. comment until 5:00 p.m. onFebruary 5, 2001. Motion carried 7-0. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. RESOLUTION NO. 14-01 Section 2. That the environmental review A RESOLUTION AUTHORIZING PUBLI- record for the project shall be placed on file in CATION OF A COMBINED NOTICE OF the Office of the City Clerk where said record FINDING OF NO SIGNIFICANT IMPACT ON may be examined and copied by any interested THE ENVIRONMENT AND NOTICE OF party. INTENT TO REQUEST RELEASE OF FUNDS Section 3. That the Mayor of the City of FOR THE DUBUQUE COUNTY HISTORICAL Dubuque is hereby authorized and directed to SOCIETYS HANDICAP RAMP PROJECT. submit to the U.S. Department of Housing and == Whereas, the City of Dubuque entered into a Urban Development fifteen (15) days after Grant Agreement for the Fiscal Year publication of appropriate notice a Request for commencing July 1, 2000, with the U.S. Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Department of Housing and Urban Dubuque is hereby authorized to consent to Development, providing for financial assistance assume the status of a responsible federal to the City under Title I of the Housing and official under the National Environmental Community Development Act of 1974, as Protection Act, insofar as the provisions of the amended; and Whereas, the City Council has approved a said Act apply to the U.S. Department of Community Partnership (cp2) grant to the Housing and Urban Development Dubuque County Historical Societys Handicap responsibilities for review, decision making and = action assumed and carried out by the City of Ramp project in the amount of $26, 464, which Dubuque as to environmental issues. is funded with Community Development Block Section 5. That the Mayor of the City of Grant (CDBG) funds; and Dubuque is hereby authorized to consent Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction Housing and Urban Development, an of the federal courts if an action is brought to environmental review has been processed for enforce responsibilities in relation to the Dubuque County Historical Societys = environmental review, decision making and Handicap Ramp project; and action. Whereas, based on said environmental review, Section 6. That the Mayor of the City of the Department of Community and Economic Dubuque be and he is hereby authorized and Development has determined that said project directed to execute a certification pertaining to will have no significant impact on the the environmental review procedures. environment; and Passed, approved and adopted this 15th day Whereas, a combined notice of " Finding of No of January, 2001. Significant Impact on the Environment" and of Terrance M. Duggan, Mayor "Intent to Request Release of Funds" for said Attest: Jeanne F. Schneider, City Clerk project will be sent by regular mail to various Buol moved adoption of the resolution. federal, state and local public agencies; to the Seconded by Robbins. Motion carried 7-0. appropriate Regional Office of the Environmental Protection Agency, to the HUD Iowa Inn Environmental Review: City Area Office and to the local news media, B Manager recommending publication of a individuals and groups known to be interested combined Notice of Finding of No Significant and believed to be appropriate to receive such a Impact on the Environment and Notice of Intent notice; and to Request Release of Funds for the Iowa Inn Whereas, any and all comments received as a Rehabilitation Project, presented and read. Buol result of such notice will be duly considered moved that the communication be received and before proceeding with a Request for Release of filed. Seconded by Robbins. Motion carried 7-0. Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 15-01 THE CITY COUNCIL OF THE CITY OF A RESOLUTION AUTHORIZING PUBLICA- DUBUQUE, IOWA: ION OF A COMBINED NOTICE OF FINDING Section 1. That the City Clerk be and is hereby OF NO SIGNIFICANT IMPACT ON THE authorized and directed to publish a combined ENVIRONMENT AND NOTICE OF INTENT TO Notice of Finding of No Significant Impact on the REQUEST RELEASE OF FUNDS FOR IOWA Environment and Notice of Intent to Request INN REHABILITATION PROJECT Release of Funds for the Dubuque County Whereas, the City of Dubuque will entered into Historical Societys Handicap Ramp project and = a Special Purpose Grant Agreement for with the to make the Environmental Review Record for U.S. Department of Housing and Urban said project available for public inspection and Regular Session, January 15, 2001 13 Development, providing for financial assistance Section 5. That the Mayor of the City of to the City; and Dubuque is hereby authorized to consent Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction Housing and Urban Development, an of the federal courts if an action is brought to environmental review has been processed for enforce responsibilities in relation to the Iowa Inn Rehabilitation project; and environmental review, decision making and Whereas, based on said environmental review, action. the Department of Community and Economic Section 6. That the Mayor of the City of Development has determined that said project Dubuque be and he is hereby authorized and will have no significant impact on the directed to execute a certification pertaining to environment; and the environmental review procedures. th Whereas, a combined notice of " Finding of Passed, approved and adopted this 15 day of No Significant Impact on the Environment" and January, 2001. of "Intent to Request Release of Funds" for said Terrance M. .Duggan, Mayor project will be sent by regular mail to various Attest: Jeanne F. Schneider, City Clerk federal, state and local public agencies; to the Buol moved adoption of the resolution. appropriate Regional Office of the Seconded by Robbins. Motion carried 7-0. Environmental Protection Agency, to the HUD Area Office and to the local news media, Fiscal Year 2000 Comprehensive Annual individuals and groups known to be interested Financial Report: City Manager submitting the and believed to be appropriate to receive such a Fiscal Year 2000 Comprehensive Annual notice; and Financial Report and Audit Reports, presented Whereas, any and all comments received as a and read. Buol moved that the communication result of such notice will be duly considered be received and filed. Seconded by Robbins. before proceeding with a Request for Release of Motion carried 7-0. Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY Local Housing Assistance Program Grant: THE CITY COUNCIL OF THE CITY OF Communication from the Iowa Department of DUBUQUE, IOWA: Economic Development advising that the City Section 1. That the City Clerk be and is hereby has been awarded a $100,000 LHAP Grant, authorized and directed to publish a combined presented and read. Buol moved that the Notice of Finding of No Significant Impact on the communication be received and filed. Seconded Environment and Notice of Intent to Request by Robbins. Motion carried 7-0. Release of Funds for the Iowa Inn Rehabilitation project and to make the Environmental Review National Association of Telecommunications Record for said project available for public Officers and Advisors: City Manager inspection and comment until 5:00 p.m. onrecommending that the City contribute $1,000 to February 5, 2001. Such notice shall be in the the National Association of Telecommunications form of Exhibit "A" attached hereto and made a Officers and Advisors to support submittal of part hereof. reply comments to the FCC, presented and Section 2. That the environmental review read. Buol moved that the communication be record for the project shall be placed on file in received and filed and approved support. the Office of the City Clerk where said record Seconded by Robbins. Motion carried 7-0. may be examined and copied by any interested party. Community Development Advisory Section 3. That the Mayor of the City of Commission: Acting Community and Economic Dubuque is hereby authorized and directed to Development Director Pam Myhre advising of submit to the U.S. Department of Housing and vacancies on the Community Development Urban Development fifteen (15) days after Advisory Commission, presented and read. Buol publication of appropriate notice a Request for moved that the communication be received and Release of Funds to undertake the said project. filed. Seconded by Robbins. Motion carried 7-0. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to Business License Refund: A & B Tap assume the status of a responsible federal requesting a refund of their Cigarette License in official under the National Environmental the amount of $50.00, presented and read. Buol Protection Act, insofar as the provisions of the moved that the communication be received and said Act apply to the U.S. Department of filed and approved request. Seconded by Housing and Urban Development Robbins. Motion carried 7-0. responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. 14 Regular Session, January 15, 2001 Business Licenses: Passed, approved and adopted this 15th day of January, 2001. RESOLUTION NO. 16-01 Terrance M. Duggan, Mayor Whereas, applications for Beer Permits have Attest: Jeanne F. Schneider, City Clerk been submitted and filed to this Council for Buol moved adoption of the resolution. approval and the same have been examined Seconded by Robbins. Motion carried 7-0. and approved; and Whereas, the premises to be occupied by such BOARDS/COMMISSIONS: Applicants are applicants were inspected and found to comply invited to address the Council to express their with the Ordinances of this City and have filed desire to serve on the following Commission: proper bonds. Environmental Stewardship Advisory NOW, THEREFORE, BE IT RESOLVED BY Commission (2 Unexpired 3 Year Terms). THE CITY COUNCIL OF THE CITY OF Applicant: Leslee Spraggins. Leslee Spraggins DUBUQUE, IOWA: spoke requesting appointment. That the Manager be authorized to cause to be issued the following named applicants a Beer ACTION ITEMS Permit. CLASS C BEER PERMIT Greater Dubuque Development Corporation: A@ Rick Dickinson, Executive Director, Greater George E. Waddell Sr Iowa Potato & Produce House+(Sunday Sale) 2600 Dodge St Dubuque Development Corporation, spoke Express Depot, Inc Liquor Depot of Dubuque giving a verbal progress report. Michalski moved +(Sunday Sale) 1620 JFK Rd that the report be received and filed. Seconded Hy-Vee, Inc Hy-Vee #2+ by Nicholson. Motion carried 7-0. (Sunday Sale) 4800 Asbury Rd Airport Commission Appointment of City Passed, approved and adopted this 15th day B of January, 2001. Council Representative: Appointment of City Terrance M. Duggan, Mayor Council representative (currently Council Attest: Jeanne F. Schneider, City Clerk Member Markham) to the Airport Commission Buol moved adoption of the resolution. for a term expiring January 15, 2002. Nicholson Seconded by Robbins. Motion carried 7-0. moved that Council Member Markham be reappointed to a term expiring January 15, 2002. RESOLUTION NO. 17-01 Seconded by Buol. Motion carried 7-0. Whereas, applications for Liquor Licenses have been submitted to this Council for approval Municipal Parking Lot #2: City Manager and the same have been examined and recommending that Municipal Parking Lot #2, th approved; and located at 9 and Bluff Streets, be changed from Whereas, the premises to be occupied by such meters only to meters and reserved parking, applicants were inspected and found to comply presented and read. Michalski moved that the with the State Laws and all City Ordinances communication be received and filed. Seconded relevant thereto and they have filed proper by Nicholson. Motion carried 7-0. bonds. NOW, THEREFORE, BE IT RESOLVED BY An Ordinance Amending the City of Dubuque THE CITY COUNCIL OF THE CITY OF Code of Ordinances Section 32-314 establishing DUBUQUE, IOWA: meters time and fee schedule for municipal B That the Manager be authorized to cause to be lots by adding a new Paragraph 6 establishing issued the following named applicants a Liquor the meter time and fee schedule for Municipal License. Lot #2, presented and read. CLASS C(COMMERCIAL) A@ OFFICIAL PUBLICATION BEER/LIQUOR LICENSE ORDINANCE NO. 1-01 Apartments Limited Corp. Dubuque Mining Co AN ORDINANCE AMENDING THE CITY OF + (Sunday/Outdoor Sale) 555 JFK Rd.. DUBUQUE CODE OF ORDINANCES Phillip R. Love The Lounge + SECTION 32-314 ESTABLISHING METERS - (Sunday/Outdoor Sale) 481 Locust St TIME AND FEE SCHEDULE FOR MUNICIPAL Mul, Inc A and B Tavern LOTS BY ADDING A NEW PARAGRAPH 6 2600 Central Ave ESTABLISHING THE METER TIME AND FEE CLASS B (WINE) A@ SCHEDULE FOR MUNICIPAL LOT #2 Dubuque Religious Center Dubuque Religious NOW, THEREFORE BE IT ORDAINED BY Center 923 Main St THE CITY COUNCIL OF DUBUQUE, IOWA: Hy-Vee Inc. Hy-Vee # 2 Section 1. Section 32-314 of the City of 4800 Asbury Rd. Express Depot, Inc Liquor Depot of DubuqueDubuque Code of Ordinances is amended by 1620 JFK Rd. adding the following: Regular Session, January 15, 2001 15 (6) On Parking Lot No. 2, reserved parking for * * * each space for the thirty (30) parking spaces for Alta Vista Street, from the north property line of which parking meters have not been installed West Fifth Street to the south property line of shall be rented through lease agreement University Avenue, and from the north property approved by City Council. Reserved parking for line of University Avenue to the south property non-metered spaces shall be between the line of Loras Boulevard, and from the north hours of six oclock (6:00) A.M. and six oclock property line of Loras Boulevard to its northerly == (6:00) P.M. daily, excluding Saturdays, Sundays terminus. th and holidays at a monthly rate of twenty-five Passed, approved and adopted this 15 day of January, 2001. dollars ($25.00), payable each month. Terrance A. Duggan, Mayor Section 2. This ordinance shall take effect Attest: Jeanne F. Schneider, City Clerk February 1, 2001. Telegraph Herald Published officially in the Passed, approved and adopted this 15th day of January, 2001. newspaper this 22nd day of January, 2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk 1t 1/22 Telegraph Herald Published officially in the Markham moved that the requirement that a proposed Ordinance be considered and voted newspaper this 19th day of January, 2001. on for passage at two Council Meetings prior to Jeanne F. Schneider, City Clerk the meeting at which it is to be finally passed be 1t 1/19 suspended and further moved final Michalski moved that the requirement that a proposed Ordinance be considered and voted consideration and passage of the Ordinance. on for passage at two Council Meetings prior to Seconded by Nicholson. Motion carried 7-0. the meeting at which it is to be finally passed be suspended and further moved final DAIDC Spec Building: City Manager recommending approval of an ordinance that consideration and passage of the Ordinance. allows the speculative industrial building, which Seconded by Nicholson. Motion carried 7-0. was built by the Dubuque Area Industrial Development Corporation (DAIDC) and is Alta Vista Street Traffic Control: City B located in the Dubuque Industrial Center West, Manager recommending that Alta Vista Street to be exempt from property tax, presented and be designated as a through street and that stop read. Buol moved that the communication be signs be placed at all the side street received and filed. Seconded by Nicholson. intersections along Alta Vista Street, presented Motion carried 7-0. and read. Markham moved that the communication be received and filed. Seconded An Ordinance Amending Chapter 15, by Nicholson. Motion carried 7-0. Community Development of the City of Dubuque Code of Ordinances by adopting a new Article 6, An Ordinance Amending the Code of allowing an exemption from property taxation for Ordinances of the City of Dubuque, Iowa, by speculative shell buildings constructed by adding Alta Vista Street to Subsection (b) of community development organizations, Section 32-213 thereof providing for the presented and read. designation of through streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 3-01 OFFICIAL PUBLICATION AN ORDINANCE AMENDING CHAPTER 15, ORDINANCE NO. 2-01 COMMUNITY DEVELOPMENT, OF THE CITY AN ORDINANCE AMENDING THE CODE OF OF DUBUQUE CODE OF ORDINANCES BY ORDINANCES OF THE CITY OF DUBUQUE, ADOPTING A NEW ARTICLE 6, ALLOWING IOWA, BY ADDING ALTA VISTA STREET TO AN EXEMPTION FROM PROPERTY SUBSECTION (b) OF SECTION 32-213 TAXATION FOR SPECULATIVE SHELL THEREOF PROVIDING FOR THE DESIGNA- BUILDINGS CONSTRUCTED BY COMMUNITY TION OF THROUGH STREETS DEVELOPMENT ORGANIZATIONS NOW, THEREFORE, BE IT ORDAINED BY WHEREAS, Iowa Code 427.1(27) provides THE CITY COUNCIL OF THE CITY OF ' for the allowance of an exemption from property DUBUQUE, IOWA: taxation for the new construction of shell Section 1. That the Code of Ordinances of the buildings by community development City of Dubuque, Iowa be amended by adding organizations for speculative purposes or the Alta Vista Street to Subsection (b) of Section 32- 213 thereof as follows: portion of the value added to buildings Sec. 32-213. Through Streets. reconstructed or renovated by community (b) development organizations in order to become speculative shell buildings; 16 Regular Session, January 15, 2001 AND WHEREAS, the exemption or partial organizations, to market a building or structure exemption is allowed only pursuant to ordinance as a speculative shell building, which of a city; determination must receive prior approval from AND WHEREAS, the City Council finds that it the city council of the city or county board of is in the best interests of the City of Dubuque to supervisors of the county. allow such exemption. c. "Speculative shell building" means a NOW, THEREFORE, BE IT ENACTED BY building or structure owned and constructed or THE CITY COUNCIL OF THE CITY OF reconstructed by a community development DUBUQUE, IOWA, AS FOLLOWS: organization without a tenant or buyer for the Section 1. Chapter 15, Community purpose of attracting an employer or user which Development, of the City of Dubuque Code of will complete the building to the employer's or Ordinances, is amended by adding the following: user's specification for manufacturing, Article VI. Speculative Shell Buildings of processing, or warehousing the employer's or Community Development Organizations user's product line. Sec. 15-59. Definitions. For purposes of this Sec. 15-60. Exemption Allowed. An exemption Article, the following definitions apply: from property taxation is hereby allowed for new a. (1) "Community development organization" construction of shell buildings by community means an organization, which meets the development organizations, or the portion of the membership requirements of subparagraph (2), value added to buildings being reconstructed or formed within a city or county or multicommunity renovated by community development group for one or more of the following purposes: organizations in order to become speculative (a)To promote, stimulate, develop, and shell buildings. The exemption or partial advance the business prosperity and economic exemption shall be effective for the assessment welfare of the community, area, or region and its year in which the building is first assessed for citizens. property taxation or the assessment year in (b) To encourage and assist the location of which the reconstruction or renovation first adds new business and industry. value and all subsequent years until the property (c) To rehabilitate and assist existing business is leased or sold or until the exemption is and industry. terminated by ordinance of the city council. (d) To stimulate and assist in the expansion of Eligibility for an exemption as a speculative shell business activity. building shall be determined as of January 1 of (2) For purposes of this definition, a the assessment year. If the shell building or any community development organization must have portion of the shell building is leased or sold, the at least fifteen members with representation portion of the shell building which is leased or from the following: sold shall not be entitled to an exemption under (a) A representative from government at the this ordinance for subsequent years. An level or levels corresponding to the community application shall be filed pursuant to section development organization's area of operation. 427B.4 for each project for which an exemption (b) A representative from a private sector is claimed. Upon the sale of the shell building, lending institution. the shell building shall be considered new (c) A representative of a community construction for purposes of Iowa Code section organization in the area. 427B.1 if used for purposes set forth in section (d) A representative of business in the area. 427B.1. (e) A representative of private citizens in the Sec. 15-61. Application for exemption by community, area, or region. property owner. An application shall be filed for b. "New construction" means new buildings or each project resulting in actual value added for structures and includes new buildings or which an exemption is claimed. The application structures which are constructed as additions to for exemption shall be filed by the owner of the existing buildings or structures. "New property with the local assessor by February 1 of construction" also includes reconstruction or the assessment year in which the value added is renovation of an existing building or structure first assessed for taxation. Applications for which constitutes complete replacement of an exemption shall be made on forms prescribed by existing building or structure or refitting of an the director of revenue and shall contain existing building or structure, if the information pertaining to the nature of the reconstruction or renovation of the existing improvement, its cost, and other information building or structure is required due to economic deemed necessary by the director of revenue. A obsolescence, if the reconstruction or renovation person may submit a proposal to the city council is necessary to implement recognized industry to receive prior approval for eligibility for a tax standards for the manufacturing or processing of exemption on new construction. The city council, products, and the reconstruction or renovation is by ordinance, may give its prior approval of a tax required in order to competitively manufacture or exemption for new construction if the new process products or for community development construction is in conformance with the zoning Regular Session, January 15, 2001 17 plans for the city. The prior approval shall also Section 1. Chapter 3 (Advertising) of the City be subject to the hearing requirements of Iowa of Dubuque Code of Ordinances is hereby Code section 427B.1. Prior approval does not amended by adding a new Section 3-43(f) as entitle the owner to exemption from taxation until follows: the new construction has been completed and Section 3-43 (f) Moratorium on issuance of found to be qualified real estate. However, if the permits for off-premise signs tax exemption for new construction is not The building official shall not issue any permit for approved, the person may submit an amended any new construction or substantial proposal to the city council to approve or reject. enlargement, alteration, repair or remodeling of Section 2. This Ordinance shall take effect an off-premise sign during the period of ninety upon publication. (90) days after the effective date of this section, Passed, approved and adopted this 15th day except where a vested right to the issuance of of January, 2001. such permit accrued prior to the effective date of Terrance M. Duggan, Mayor this section. Attest: Jeanne F. Schneider, City Clerk Section 2. This ordinance shall take effect Telegraph Herald Published officially in the upon publication as required by law. newspaper this 19th day of January, 2001. Passed, approved and adopted this 15th day of Jeanne F. Schneider, City Clerk January, 2001. 1t 1/19 Terrance M. Duggan, Mayor Buol moved that the requirement that a Attest: Jeanne F. Schneider, City Clerk Telegraph Herald proposed Ordinance be considered and voted Published officially in the on for passage at two Council Meetings prior to newspaper this 19th day of January, 2001. the meeting at which it is to be finally passed be Jeanne F. Schneider, City Clerk suspended and further moved final 1t 1/19 consideration and passage of the Ordinance. Buol moved that the requirement that a Seconded by Nicholson. Motion carried 7-0. proposed Ordinance be considered and voted on for passage at two Council Meetings prior to Permit Moratorium for Off-Premise Signs: City the meeting at which it is to be finally passed be Manager recommending the establishment of a suspended and further moved final ninety (90) day moratorium on the issuance of consideration and passage of the Ordinance. permits for off-premise signs, presented and Seconded by Nicholson. Motion carried 7-0. read. Buol moved that the communication be received and filed. Seconded by Nicholson. Platinum Hospitality Group: City Manager Motion carried 7-0. recommending an amendment to the Development Agreement and Lease with An Ordinance Amending Chapter 3 Platinum Holdings, LLC; an amendment to the (Advertising) of the City of Dubuque Code of Facilities Management Agreement with Platinum Ordinances by adding a new Section 3-43(f), to Hospitality Group; and approval of a Parking establish a ninety (90) day moratorium on the Use Agreement with Platinum Holdings, LLC, issuance of permits for off-premise signs, presented and read. Markham moved that the presented and read. communication be received and filed and concurred with recommendation. Seconded by OFFICIAL PUBLICATION Nicholson. Motion carried 7-0. ORDINANCE NO. 4-01 AN ORDINANCE AMENDING CHAPTER 3 Fiscal Year 2002 Budget Transmittal: City (ADVERTISING) OF THE CITY OF DUBUQUE Manager submitting the Fiscal Year 2002 CODE OF ORDINANCES BY ADDING A NEW Budget, presented and read. Michalski moved SECTION 3-43(f), TO ESTABLISH A NINETY that the budget be received and filed. Seconded (90) DAY MORATORIUM ON THE ISSUANCE by Nicholson. Motion carried 7-0. OF PERMITS FOR OFF-PREMISE SIGNS. Whereas, Lamar Outdoor Advertising has City Manager Michael Van Milligen gave a submitted an application for a text amendment comprehensive report of the proposed FY 2002 to the Zoning Ordinance regulations pertaining Budget. to increasing the minimum spacing of off- premise signs; and ITEMS TO BE SET FOR PUBLIC HEARING Whereas, the issuance of permits for off- premise signs during the review of this text Five Flags Theater Renovation: City Manager amendment could affect the community submitting documents initiating the Five Flags negatively. Theater Renovation Project and setting a public NOW, THEREFORE, BE IT ORDAINED BY hearing for February 19, 2001, presented and THE CITY COUNCIL OF THE CITY OF read. Buol moved that the communication be DUBUQUE, IOWA: 18 Regular Session, January 15, 2001 received and filed. Seconded by Nicholson. That the Five Flags Theater Renovation Project Motion carried 7-0. is hereby ordered to be advertised for bids for construction. RESOLUTION NO. 18-01 BE IT FURTHER RESOLVED, that the amount PRELIMINARY APPROVAL OF of the security to accompany each bid shall be in PLANS AND SPECIFICATIONS an amount which shall conform to the provisions BE IT RESOLVED BY THE CITY COUNCIL of the notice to bidders hereby approved as a OF THE CITY OF DUBUQUE, IOWA: part of the plans and specifications heretofore That the proposed plans, specifications, form adopted. of contract and estimated cost for the Five Flags That the City Clerk is hereby directed to Theater Renovation Project, in the estimated advertise for bids for the construction of the amount of $518,000, are hereby approved and improvements herein provided, to be published ordered filed in the office of the City Clerk, for in a newspaper having general circulation in the public inspection. City of Dubuque, Iowa, which notice shall not be Passed, approved and adopted this 15th day less than four days nor more than twenty days of January, 2001. prior to the receipt of said bids at 2:00 p.m. on Terrance M. Duggan, Mayor the 8th day of February, 2001. Bids shall be Attest: Jeanne F. Schneider, City Clerk opened and read by the City Clerk at said time Buol moved adoption of the Resolution. and will be submitted to the Council for final Seconded by Nicholson. Motion carried 7-0. action at 6:30 p.m. on the 19th day of February, 2001. RESOLUTION NO. 19-01 Passed, approved and adopted this 15th day FIXING DATE OF HEARING ON of January, 2001. PLANS AND SPECIFICATIONS Terrance M. Duggan, Mayor WHEREAS, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa has given its preliminary Buol moved adoption of the Resolution. approval on the proposed plans, specifications, Seconded by Nicholson. Motion carried 7-0. and form of contract and placed same on file in the office of the City Clerk for public inspection There being no further business, Michalski of the Five Flags Theater Renovation Project. moved to adjourn. Seconded by Markham. NOW, THEREFORE, BE IT RESOLVED, BY Motion carried 7-0. The meeting adjourned at THE CITY COUNCIL OF THE CITY OF 7:40 P.M. DUBUQUE, IOWA, that on the 19th day of February, 2001, a public hearing will be held at /s/ Jeanne F. Schneider 6:30 p.m. in the Public Library Auditorium, at City Clerk which time interested persons may appear and be heard for or against the proposed plans and Approved:__________________________2001 specifications, form of contract and cost of said improvement, and the City Clerk be and is Adopted:___________________________2001 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 Mayor of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior ______________________________________ to the day fixed for its consideration. At the hearing, any interested person may appear and ______________________________________ file objections to the proposed plans, specifications, contract, or estimated cost of the ______________________________________ improvement. Passed, approved and adopted this 15th day ______________________________________ of January, 2001. Terrance M. Duggan, Mayor ______________________________________ Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. ______________________________________ Seconded by Nicholson. Motion carried 7-0. ______________________________________ RESOLUTION NO. 20-01 Council Members ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF Attest: THE CITY OF DUBUQUE, IOWA: ______________________________________ City Clerk Regular Session, January 15, 2001 19