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2004 November Council Proceedings Special Session, November 1,2004 361 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, November 1, 2004 Council met in Special Session at 5:30 P.M. in the Carnegie Stout Public Library Board Room Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Connors, Michalski, Nicholson, Corporation Counsel Lindahl, City Clerk Schneider Absent: Mayor Duggan Mayor Pro-Tem Markham read the call and stated this is the special session of the City Council called for the purpose of conducting a performance evaluation of the Corporation Counsel and City Clerk. Nicholson moved to go into Closed Session pursuant to Ch. 21.5 1(i) at 5:45 P.M. Seconded by Michalski. Motion carried 6-0. Council reconvened special session stating Stall was given proper direction at 6:27 P.M. There being no further business, Nicholson moved to adjourn. Seconded by Connors. Motion carried 6-0. The special meeting adjourned at 6:28 P.M. Isl Jeanne F. Schneider, CMC City Clerk ~ '/ Approve. j<f;ê///rt///;/ //C/ -~{~"" /--.. Mayor) ~. .... ;..T-Q : /(~),("',"I/41.._... " "Il! / , II fi { t~ -/ Ú~ Council Members 2005 A7t: / //P/-::7/ /ërty Clerk j -----, .1) ;;<.:;//.;///'< L/. é. 362 Regular Session, November 1, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, November 1, 2004. Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Murray Phillips, Executive Director, Dubuque Rescue Mission. Proclamations: Philanthropy Day (November 10, 2004) received by Chris Chapin-Tilton; Hunger and Homelessness Awareness Month (November, 2004) received by Helen Biatz of Four Oaks; Youth Appreciation Month (November, 2004) received by Morning Optimists Club President Melinda Rettenberger and Hillcrest Services representative Don Keck; Noon Optimists Ciub President Joan Steve and Evening Optimist Club President Darrell Whitt. Randy Thor and Todd Christensen of J.P. Cullen Co. and Sons, Inc. presented to the City the Masonry Construction Project of the Year Award for the Dubuque's Grand River Center. CONSENT ITEMS Minutes and Reports Submitted: City Council of 10/18; Housing Commission of 9/28; Human Rights Commission of 8/9; Mechanical Board of 10/20; Transit Trustee Board of 9/30; Zoning Board of Adjustment of 9/23, presented and read. Buol moved to receive and file the minutes. Seconded by Nicholson. Motion carried 7-0. Printed Council Proceedings of September, 2004, presented and read. Buol moved to receive and file the proceedings and approve as printed. Seconded by Nicholson. Motion carried 7-0. Proof of publication of City Council Proceedings of October 4, 2004, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7- O. Notice of Claims/Suits: Leroy R. Cain for property damage; Dubuque Internal Medicine for property damage; Michael Gibson for property damage; Thomas J. Lang for property damage; Susan Myers for personal injury; Thomas Sharkey, Jr., for vehicle damage, presented and read. Buol moved that the claims and suits be received and filed and referred to Legal for investigation. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dubuque internal Medicine for property damage; Thomas J. Lange for personal injury; Susan Myers for personal injury, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending that the claim of Thomas Sharkey, Jr. for vehicle damage be referred to River City Paving Company, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending approval of the claim of LeRoy Cain for property damage and directing Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and concurred and direct Finance Department to issue proper payment. Seconded by Nicholson. Motion carried 7-0. Downtown Elementary School Neighborhood Resource Center: Communication from John L. Burgart, Superintendent of Schools, advising that the Board of Education of the Dubuque Community School District unanimously voted to accept the City of Dubuque's contribution of $250,000 toward the construction of a Neighborhood Resource Center within the new downtown elementary school, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Purchase of Service Agreement Amendments: City Manager recommending approval of amendments to the purchase of service agreements with Downtown Neighborhood Council, Inc. and the Langworthy District Neighborhood Association for the historic district public improvements projects, presented and 363 Regular Session, November 1, 2004 read. Buol moved that the communication be received and fiied and approved amendments. Seconded by Nicholson. Motion carried 7-0. Peninsula Gaming Patio Lease Extension: City Manager recommending approval of a one. month extension of the patio lease with Peninsula Gaming Company through November 31,2004 to allow for the storage and unloading of slot machines, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Hispanic Ministry of Dubuque: Communication from Sister Jeanette McCarthy, PBVM, in opposition to the $100 rental fee for park reservations starting in 2005, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Iowa Homeland Security and Emergency Management Division - Appeal of Decision: Communication from Congressman Jim Nussle submitting a letter he sent to Michael D. Brown, United States Department of Homeland Security - Emergency Preparedness and Response, regarding a problem the City is experiencing with the Federal Emergency Management Agency (FEMA); Communication from Senator Charles Grassley advising that he received a response from the Federal Emergency Management Agency which upheld the decision to deny payment; and communication of City Manager to David L. Miller, Iowa Homeiand Security and Emergency Management Division, appealing the decision to deny the City's claim of $28,203 for pumping costs at the floodwall incurred during the severe flooding of May and June 2004, presented and read. Buoi moved that the communications be received and filed and approved appeal. Seconded by Nicholson. Motion carried 7-0. Human Rights Commission: Communication from Sarah Davidson submitting her resignation from the Dubuque Human Rights Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Request to Vacate - Utility Easement: Communication from Steve Fuerst, IIW Engineers and Surveyors, P.C., requesting the vacation of an existing twenty.foot utility easement that crosses Lot 1 of Southgate Center Second Addition on behalf of Dan Mueller, presented and read. Buol moved that the communication be received and filed and Seconded by referred to the City Manager. Nicholson. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the September 30, 2004 Quarterly Investment Report of the Investment Oversight Advisory Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Port of Dubuque Parking Lot: City Manager recommending acceptance of the Port of Dubuque Parking Lot Renovation and Resurfacing Project as completed by Portzen Construction in the final contract amount of $510,421.39, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 399-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Port of Dubuque Parking Lot Renovation & Resurfacing 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 2003 and 2004 Port of Dubuque Parking Lot Renovation CIPs, Fiscal Year 2004 Port of Dubuque Storm Sewer Improvements CIP, and Port of Dubuque Visitor Amenities CIP and in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 400-04 FINAL ESTIMATE Whereas, the contract for the Port of Dubuque Parking Lot Renovation & Resurfacing 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. 364 Regular Session, November 1, 2004 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 $581,884.84 and the said amount shall be paid from the Fiscal Year 2003 and 2004 Port of Dubuque Parking Lot Renovation CIPs, Fiscal Year 2004 Port of Dubuque Storm Sewer Improvements CIP, and Port of Dubuque Visitor Amenities CIP of the City of Dubuque, Iowa. Passed, approved and adopted this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Transportation: Communication to Richard Kautz, Iowa Department of Transportation, expressing concerns regarding the US 20 reconstruction project, specifically the Wacker Drive/Hwy 20 intersection work, presented and read. Buol moved that the communication be received and filed and approved letter. Seconded by Nicholson. Motion carried 7-0. Southwest Arterial Memorandum of Agreement: City Manager recommending approval of a Cultural Resources Memorandum of Agreement for the improvement of Iowa Highway 32 (Southwest Arterial), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 401-04 RESOLUTION APPROVING THE CONSUL- TANT AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION (FHWA), IOWA DEPARTMENT OF TRANSPORTATION (IOWA DOT), THE COUNTY OF DUBUQUE (COUNTY), AND THE CITY OF DUBUQUE (CITY) FOR THE CULTURAL RESOURCES MEMORANDUM OF AGREEMENT FOR THE IMPROVEMENT OF THE HIGHWAY 32 CORRIDOR (SOUTHWEST ARTERIAL) Whereas, the Federal Highway Administration (FHWA), the Iowa Department of Transportation (Iowa DOT), the County of Dubuque (County), and the City of Dubuque (City) have developed a Memorandum of Agreement to address all aspects of mitigating any adverse effects resulting from Improvements of the Highway 32 Project (Southwest Arterial) as it relates to historic properties within this Corridor; and Whereas, the City of Dubuque (City) will be the lead public agency responsible for administering the Southwest Arterial Cultural Resources Mitigation Plan (Mitigation Plan); and Whereas, the Mitigation Plan will be fully funded by a combination of City, County, and Dubuque Metropolitan Area Transportation Study (DMATS) STP funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Memorandum of Agreement agrees to address all aspects of mitigating any adverse effects to historic properties (Southwest Arterial Cultural Resources Mitigation Plan) as a result of the Iowa Highway 32 Project (Southwest Arterial) among the Federal Highway Administration (FHWA), the Iowa Department of Transportation (Iowa DOT), the County of Dubuque (County), and the City of Dubuque (City) be approved. Section 2. That the Mayor be authorized and directed to execute six copies of said Memorandum of Agreement for the Southwest Arterial Cultural Resources Mitigation Plan (Mitigation Plan) among the Federal Highway Administration (FHWA), the Iowa Department of Transportation (Iowa DOT), the County of Dubuque (County), and the City of Dubuque (City). Passed, adopted and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Southwest Arterial Consultant Agreement for Professional Services: City Manager recommending approval of a Consultant Agreement for Professional Services to complete pre-flight ground control survey work as required to facilitate the development of design level aerial photography for the Preliminary Design of Iowa Highway 32 corridor (Southwest Arterial), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 402-04 RESOLUTION APPROVING THE CONSUL- TANT AGREEMENT AMONG THE IOWA DEPARTMENT OF TRANSPORTATION (IOWA DOT), THE CITY OF DUBUQUE (CITY) AND IIW ENGINEERS & SURVEYORS, PC FOR THE PROFESSIONAL SERVICES - GROUND CONTROL SURVEY FOR THE HIGHWAY 32 CORRIDOR (SOUTHWEST ARTERIAL) Whereas, the City, the Iowa Department of Transportation (Iowa DOT) and IIW Engineers & Surveyors, PC have developed a Consultant Agreement for Agreement for Professional Services to complete the necessary pre-flight ground control survey prior to the aerial re-flight Regular Session, November 1,2004 365 for the Iowa Highway 32 Corridor (Southwest Arterial); and Whereas, the City of Dubuque (City) will be the lead public agency responsible for managing the pre-flight ground control survey work for the Highway 32 Corridor (Southwest Arterial); and Whereas, the pre-flight ground control survey work will be fully funded through the DOT TEA- 21 Grant (Iowa DOT No. STP-U-2100 (634)- 70-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement for Professional Services for the aerial photography for the Iowa Highway 32 (Southwest Arterial) development among the Iowa Department of Transportation (Iowa DOT), City of Dubuque, and the IIW Engineers & Surveyors, PC be approved. Section 2. That the Mayor be authorized and directed to execute three copies of said Agreement for Professional Services for the aerial photography for the Iowa Highway 32 (Southwest Arterial) development among the Iowa Department of Transportation (iowa DOT), City of Dubuque, and the IIW Engineers & Surveyors, PC. Passed, adopted and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Employee Recognition: City Manager advising that Housing and Community Development employee, Joleen Patterson, was recently recognized by the Iowa National Association of Housing and Redevelopment Officials (NAHRO) and presented the 2004 Community Development Award for exemplary service to the community development profession, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Vision Iowa: Communication to Michael Gartner, Chairman of the Vision Iowa Board, affirming the City's financial commitment to the Vision Iowa Grant Agreement, presented and read. Buol moved that communication be received and filed and approved communication. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO, 403-04 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 the 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 Molo Oil Company Big 10 Mart Car Wash + (Sunday Sale) 1875 JFK Rd Passed, approved and adopted this 1st day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 404-04 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEERILIQUOR LICENSE Raysan Corp. Bridge Restaurant+ (Sunday Sale) 31 Locust St DM Sports Bar, Inc. Jumpers Sports Bar/Grill+ (Sunday Sale) 2600 Dodge St Europa Haus, Inc. Europa HauslBierstube 1301 Rhomberg Passed, approved and adopted this 1st day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Disposal of City-Owned Property: City Manager recommending that a public hearing be set for November 15, 2004 to consider vacating and disposing of a portion of City-owned property located at Lombard and Collins Streets, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 366 Regular Session, November 1, 2004 RESOLUTION NO. 405-04 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT A OF LOT 2 OF LOT 2 OF MINERAL LOT 156 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the University of Dubuque has requested the vacating and disposal of a portion of Lombard and Collins Streets; Whereas, WHKS and Company has prepared and submitted to the City Council a plat showing the vacated portion of Lombard and Collins Street and assigned lot number thereto, which hereinafter shall be known and described as Lot A of Lot 2 of Lot 2 of Mineral Lot 156, 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 vacate and dispose of its interest in Lot A of Lot 2 of Lot 2 of Mineral Lot 156 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot A of Lot 2 of Lot 2 of Mineral Lot 156 in the City of Dubuque, Dubuque County, Iowa to the University of Dubuque be contingent upon the payment of $1,690, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 11/15/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Transit Fare Increase: City Manager recommending that a public hearing be set for December 6, 2004 to consider a recommendation from the Transit Board to raise minibus fares and to adopt other recommendations from the Human Rights ADA Paratransit Review conducted last summer, presented and read. Cline moved that the communication be received and filed and set public hearing on 12/6104 at a meeting to commence at 6:30 P.M. in the pubiic library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Fiber Optic Conduit System Project - Phase I: City Manager recommending initiation of the public bidding process for the Fiber Optic Conduit System Project - Phase I and that a public hearing be set for November 15, 2004, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 406-04 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 Fiber Optic Conduit System Project - Phase I in the estimated amount $249,812.20 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 407-04 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 Fiber Optic Conduit System Project - Phase I. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 15th day of November, 2004, 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 piace 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, adopted and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, November 1, 2004 367 Cline moved adoption of the Resolution setting date of hearing for 11/15/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Cierk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 408-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fiber Optic Conduit System Project - Phase I 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 the 9th day of November, 2004. 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 15~ day of November, 2004. Passed, adopted and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Park Maintenance Headquarters Roofing Project: City Manager recommending initiation of the public bidding process for the Park Maintenance Headquarters Roofing Project and that a public hearing be set for December 20, 2004, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 409-04 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Park Maintenance Roof Project, in the estimated amount of $69,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 1st day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 410-04 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 Park Maintenance Roof Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 20th day of December, 2004, 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 1st day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution Setting date of hearing on plans and specifications for 12/20104 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by iaw. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 411-04 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Park Maintenance Roof 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 368 Regular Session, November 1,2004 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 the 9th day of December, 2004. 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 20th day of December, 2004. Passed, approved and adopted this 1st day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. Reallocation of General Obligation Bonds Series 2002C: Proof of publication on notice of hearing to consider the reallocation of General Obligation Bond proceeds for use on the new Municipal Services Center and City Manager recommending approval, presented and read. Cline moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 412-04 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE CITY OF DUBUQUE, IOWA FOR THE MUNICIPAL SERVICES CENTER PROJECT Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds in the amount of $205,000 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2002C, of the City of Dubuque, Iowa, for the purpose of paying a portion of the costs of the Municipal Services Center project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Series 2002C, for the foregoing purpose, and the reallocation of the Unspent Proceeds to pay costs of the Municipal Services Center project is in all respects authorized and approved. Section 2. The Finance Officer is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to the Municipal Service Center project, and to cause the records and accounts of the City to reflect the same. Passed and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michalski moved that the rules be reinstated iimiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Markham moved that the following be removed from the table. Seconded by Cline. Motion carried 7-0. Chamber of Commerce Convention and Visitors Bureau (Tabled from October 18, 2004 Meeting) Request of Sue Czeshinski, Director- Convention and Visitors Bureau, to provide the Convention and Visitors Bureau report, presented and read. Ms. Czeshinski gave a positive report. Cline moved to receive and file the report. Seconded by Connors. Motion carried 7-0. Mediacom Franchise Fee Payment Analysis: City Manager submitting the final report of Lewis & Associates regarding Mediacom Cable Franchise fees paid to the City of Dubuque for calendar years 2002 and 2003, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0, Sidewalk Removal Request: City Manager recommending denial of the request of Stonehill Community Association to permanently remove public sidewalk abutting Windsor Avenue, presented and read. Harold Conzett, 800 Stoneridge Place, spoke clarifying the request of Stonehill Community Association. He stated that if the trees were removed, the Association would replace the sidewalk. However, it was their hope that the trees not be removed at this time and the stretch of sidewalk in question be replaced with crushed limestone for a pathway. At such time that the area is developed, the sidewalks would be replaced at their expense. The City Manager explained that if the request to remove the sidewalk was denied, the City would remove one tree at the northerly end of the sidewalk and Regular Session, November 1, 2004 369 evaluate the second tree prior to installation of the new sidewalk and he requested direction for future requests of this nature. Council requested that a written agreement be signed by the Association stating that the sidewalks would be replaced, when warranted, at their expense. Michalski moved that this item be tabled. Seconded by Nichoison. Motion carried 7-0. Cline moved that the following be removed from the table. Seconded by Buol. Motion carried 7-0. Dubuque River Rides (Tabled from October 18, 2004 Meeting): Communication from Nancy M. Webster, President and Chief Executive Officer - Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an additional eight-year term and City Manager recommending denial of the Dubuque River Rides' request to extend their lease under the current language and that they be approached regarding the negotiation of a new lease, presented and read. Buol moved that the communications be received and filed and the lease extension be denied and referred to the City Manager for renegotiation. Seconded by Markham. Carried by the following vote: Yeas- Buol, Connors, Markham, Michalski. Nays- Cline, Duggan, Nicholson. Bee Branch Creek Restoration Project Alignment Study: City Manager recommending approval of the inclusion of the Bee Branch Creek Restoration Project Phase II from 241h Street to Garfield Avenue as part of the approved Drainage Basin Master Plan and requesting that a work session be scheduled to review the preliminary design of the Bee Branch Creek Restoration Project; communication from Wayne Klostermann regarding the issue of the Bee Branch study and response from the City Manager to communication from Wayne Klostermann, presented and read. Michalski questioned whether they were approving the final design of the waterway and the City Manager explained that he was requesting the inclusion of the Bee Branch Creek Restoration Project Phase II as part of the Drainage Basin Master Plan in order to develop the financing aspect of the project and that a worksession be scheduled to discuss the final design, which would include a discussion of environmental issues and engineering aspects. After further discussion Buol moved to receive and file the communications, approve the inclusion of the Bee Branch Creek Restoration Project Phase II as part of the Drainage Basin Master Plan and to direct that a worksession be scheduled. Seconded by Connors. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. NPDES Permit: City Manager recommending approval of the National Pollution Discharge Elimination System (NPDES) stormwater permit as authored by the Iowa Department of Natural Resources (IDNR) for the City, presented and read. Nicholson moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 413-04 RESOLUTION APPROVING THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT AS AUTHORED BY THE IOWA DEPARTMENT OF NATURAL RESOURCES (IDNR) FOR THE CITY OF DUBUQUE Whereas, the Iowa Department of Natural Resources (IDNR) has approved the National Pollution Discharge Elimination System (NPDES) Stormwater Permit for the City of Dubuque; and Whereas, the NPDES Stormwater Permit complies with the Federal Register six minimal control measures: 1) Public education and outreach; 2) Public involvement and participation; 3) Illicit discharge detection and elimination; 4) Construction site stormwater runoff control; 5) Post construction stormwater runoff controi; and 6) Municipal operations and good housekeeping; Whereas, the first permit year will begin on September 1, 2004, and run through August 31, 2005; and the permit will be valid for five years, expiring on August 31, 2009; and Whereas, on October 5, 2004, the City of Dubuque Environmental Stewardship Advisory Commission accepted the terms of the permit without objection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the National Pollution Discharge Elimination System (NPDES) Stormwater Permit, as authored by the Iowa Department of Natural Resources (lDNR), for the City of Dubuque for the period of September 1, 2004, to August 31, 2009 be and the same is hereby approved. Passed, adopted and approved this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Enterprise Zone #1 and Enterprise Zone #2: City Manager recommending approval of the filing of applications with the Iowa Department of Economic Development requesting an expansion of Enterprise Zone #1 and Enterprise Zone #2 by adding additional areas that meet the State's eligibility requirements, presented 370 Regular Session, November 1, 2004 and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 414-04 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOP- MENT REQUESTING ENTERPRISE ZONE CERTIFICATION OF AN EXPANSION OF THE EXISTING ENTERPRISE ZONE - 1 IN THE CITY OF DUBUQUE, Whereas, the State of Iowa Department of Economic Development (IDED) is taking applications for the Enterprise Zone program to provide benefits and incentives for redevelopment and reinvestment in areas of a community that meet certain eligibility criteria; and Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility requirements; and Whereas, the City Council of Dubuque, Iowa has determined that said designation and certification of an expansion of the City's existing Enterprise Zone - 1 will benefit the local economy through the creation of new investment and new jobs for area residents; and Whereas, the City of Dubuque, Iowa is eligible to submit an appiication for the Enterprise Zone program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for Enterprise Zone Certification to expand the City's existing Enterprise Zone - 1 is approved. Section 2. That the schedule of value-added property tax exemption for this Enterprise Zone shall be One Dollar ($1.00) per year for ten years. Section 3. That the Mayor is hereby authorized and directed to execute, on behalf of the City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application. Section 4. That the City Manager is directed to submit the appiication to the Iowa Department of Economic Development together with such documents as may be required. Section 5. That, once the expanded Enterprise Zone is certified, a copy of this resolution and all supporting documents be forwarded to the City Assessor. Passed, approved and adopted this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 415-04 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE CERTIFICATION OF AN EXPANSION OF THE EXISTING ENTERPRISE ZONE. 2 IN THE CITY OF DUBUQUE. Whereas, the State of Iowa Department of Economic Development (IDED) is taking applications for the Enterprise Zone program to provide benefits and incentives for redevelopment and reinvestment in areas of a community that meet certain eligibility criteria; and Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibiiity requirements; and Whereas, the City Council of Dubuque, iowa has determined that said designation and certification of an expansion of the City's existing Enterprise Zone - 2 will benefit the local economy through the creation of new investment and new jobs for area residents; and Whereas, the City of Dubuque, Iowa is eligible to submit an application for the Enterprise Zone program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the fiiing of an application for Enterprise Zone Certification to expand the City's existing Enterprise Zone - 2 is approved. Section 2. That the schedule of value-added property tax exemption for this Enterprise Zone shall be One Dollar ($1.00) per year for ten years. Section 3. That the Mayor is hereby authorized and directed to execute, on behalf of the City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application. Section 4. That the City Manager is directed to submit the application to the Iowa Department of Economic Development together with such documents as may be required. Section 5. That, once the expanded Enterprise Zone is certified, a copy of this resolution and all supporting documents be forwarded to the City Assessor. Passed, approved and adopted this 1" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. United States Department of the Interior: Communication from the United States Department of the Interior advising that the City has been selected for a Federal Save America's Treasures grant in the amount of $295,000 for restoration of the Dubuque Shot Tower, Regular Session, November 1,2004 371 presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 6-0 with Nicholson briefly out of the room. Legisiative Issues: City Manager submitting the City's legislative issues for the 2005 legislative session, presented and read. Michalski moved that the communication be received and filed and approved submission of list. Seconded by Buol. Motion carried 6-0 with Nicholson briefly out of the room. Michalski requested that the legislative issues be prioritized and that TIF be a top priority. COUNCIL MEMBER REPORTS Michalski reported on the positive joint all-day meeting with City and Davenport staff. PUBLIC INPUT Richard Vorwaid, 2921 Washington, spoke requesting he be included in meetings regarding the Request for Proposals for the biuff stabilization project. At 8:13 P.M. Buol moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2003 Code of Iowa and Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa. Seconded by Markham. Motion carried 7-0. At 8:30 P.M. Council reconvened Regular Meeting stating staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:31 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 11/10 Approved: #7////1//;/ (//. I Adopted'... /-'-;;':////'/7/, ,/11 . ..'-;" 2005 2005 "1.4-- \ Att'7',: . / ~, / -"\) ',c., ..,.. .-< /. " ¿ //.//.;/.;;(/// -;/'/?<///--f/'. . c. ,9rty Clerk ... 372 Special Session, November 10, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, November 10, 2004 Council met in special session at 5:30 p.m. at the Dubuque Greyhound Park and Casino Present: Mayor Duggan, Council Members Buol, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Absent: Council Member Cline. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing legislative issues. The City Council, County Board of Supervisors, the Dubuque Community School Board Members, and representatives of the Holy Family Catholic School System met with area legislators to discuss issues of concern for the upcoming legislative session. There being no further business, upon motion meeting adjourned at 8:05 p.m. Isl Jeanne F. Schneider City Clerk 11 11/19 2005 2005 Special Session, November 15, 2004 373 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, November 15, 2004 Council met in Special Session at 5:30 P.M. in the Library Auditorium Present: Mayor Pro.Tem Markham, Council Members Buol, Cline, Connors, Michalski, Nichoison, Assistant City Manager Steinhauser, Corporation Counsel Lindahl. Absent at Roll Call - Mayor Duggan entered at 5:55 P.M. Absent: City Manager Van Milligen Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of discussing the Downtown Sidewalk Design Standards. Council discussed various aspects of the proposed standards for downtown sidewalk patterns including the Main Street Pattern, Side Street Pattem, Washington Park and Library Sidewalk Pattern, and the ADA compliant accessible ramps. Planning Services Manager Laura Carstens reviewed input received from property owners, key stakeholders, Dubuque Main Street Ltd., and the Historic Preservation Commission, along with projected construction costs. There being no further business, Markham moved to adjourn the meeting. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 6:17 P.M. 1111/24 Isl Jeanne F. Schneider, CMC City Clerk 2005 2005 Coun il Members A~e,?,. .....-;/// ¡'j) j 1X'.;¡>/(/ /~; /ó/> // !,-/-Æ- Cfty Clerk 374 Regular Session, November 15,2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, November 15, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl Absent: City Manager Van Milligen Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Ron Rankin, United Methodist Church. Proclamation: Winterfest Weekend (December 3, 4, and 5, 2004) CONSENT ITEMS Minutes and Reports Submitted: City Council of 11/1; Historic Preservation Commission of 10/21; Human Rights Commission of 10/4 and 10/11; Investment Oversight Advisory Commission of 10/28; Zoning Advisory Commission of 11/3; Zoning Board of Adjustment of 10/28, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Investment Oversight Advisory Commission submitting the 461h Quarterly Report, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Library Board of Trustees Update from meeting of October 19, 2004, presented and read. Buo! moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Proof of publication of City Council Proceedings of October 18, 2004 and List of Claims and Summary of Revenues for the month ending September 30, 2004 (On file in the City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7- O. Finance Director submitting the City of Dubuque Financial Reports for the month ending October 31, 2004 (On file in the City Clerk's Office), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Michele Arends for personal injury; Amy Boekholder for personal injury; Bernard C. Bockes for vehicle damage; Dona Oberfoell for vehicle damage; Theresa Sawvell for vehicle damage, presented and read. Buol moved that the claims and suits be received and filed and referred to Legal for investigation. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Michele Arends for personal injury, presented and read. Buoi moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Dona Oberfoell for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and concurred and Finance Department directed to issue payment. Seconded by Markham. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors advising that they support the relocation of the White Water Creek Bridge project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Environmental Stewardship Advisory Commis- sion: Communication from the Environmental Stewardship Advisory Commission in support of a stormwater management rebate program as suggested by eight members of the Bee Branch Citizens Advisory Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Del Miller vs. City of Dubuque: Corporation Counsel recommending that the City accept the proposed settlement in the case of Del Miller vs. City of Dubuque, presented and read. Buol moved that the communication be received and filed and approved settlement. Seconded by Markham. Motion carried 7-0. Regular Session, November 15, 2004 375 University Avenue Extension I US Hwy 20 Project: City Manager recommending initiation of eminent domain proceedings for the acquisition of real property owned by Elm Real Estate, L.C. (Iowa Glass) and by James E. Newman in connection with the University Avenue Extension/Hwy 20 Project, presented and read. Buoi moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 415A-O4 AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY ELM REAL ESTATE, L,C, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Elm Real Estate, loC. (Owner), and the tenant interests thereon of James Newman and Eunice Newman, both individually and both doing business as Acme Glass and Auto Parts, as Eunice's Unique Traders and as James Insurance and Consultants (Tenants), legally described as follows (the Property); Acquisition of Fee Simple Title as To Land As Described On Exhibit A Attached Hereto And Acquisition Of Temporary Easement As To Land As Described On Exhibit B Attached Hereto As shown on Exhibit C attached hereto for the purpose of the University Avenuel Highway 20 Improvement Project; And Whereas, City has made a good faith effort to negotiate with the Owner and Tenants to purchase the Property but has been unable to acquire the property voluntarily; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 416-04 AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY JAMES E. NEWMAN IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire certain real property owned by James E. Newman (Owner), and the tenant interests thereon of James Newman and Eunice Newman, both indivldualiy and both doing business as Acme Glass and Auto Parts, as Eunice's Unique Tractors, as James Insurance and Consultants, and the tenant interest thereon of Eunice Newman doing business as Eunice's Unique Flowers (Tenants), legally described as follows (the Property): Acquisition Of Fee Simple Title As To Land As Described As Follows: Lot 1 Of Newman Place In The City Of Dubuque, Iowa As shown on Exhibit A attached hereto for the purpose of the University AvenuelHighway 20 Improvement Project; And whereas, City has made a good faith effort to negotiate with the Owner and Tenants to purchase the Property but has been unable to acquire the property voluntarily; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWAAS FOLLOWS: The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain. Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Plat of Survey - Lots 1 and 2 Kehrll Place: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Kehrli Place, waiving Section 42-19(b) Blocks and Lots, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 417-04 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 AND LOT 2 OF KEHRLI PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and Lot 2 of Kehrli Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides Lot 1 and Lot 2 with 2,560 square feet of lot area and 25.60 feet of lot frontage, where 5,000 square feet of lot area and 50 feet of lot frontage is required; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; 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: 376 Regular Session, November 15, 2004 Section 1. That Section 42-19(b) of the Subdivision Regulations is hereby waived to allow Lot 1 and Lot 2 to have 2,560 feet of lot frontage and 25.60 feet of lot frontage, where 5,000 square feet of lot area and 50 feet of lot frontage are required. Section 2. That Lot 1 and Lot 2 shall be labeied as "non-buildable." Section 3. That the Plat of Survey of Lot 1 and Lot 2 of Kehrli Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat of Survey, provided the owners of said property herein named, execute their written acceptance hereto attached. Passed, approved and adopted this 15'" day of November 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTiON NO. 417-04 I, Don Lochner, representing K & L Properties of Iowa, LLC, having read the terms and conditions of the foregoing Resolution No. 417- 04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 151h day of November 2004. Isl Don Lochner Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Adams Company - Demolition Permit: Historic Preservation Commission recommending approval of the issuance of a permit to demolish the former industrial building located at 100 East 4th Street (Adams Company), Port of Dubuque, as requested by the City of Dubuque; communication from Jerry Enzler, Dubuque County Historical Society, requesting that demolition of the Adams Company building be delayed until it is determined whether the building can be used for expanded museum services; and City Manager recommending approval of the demolition of the Adams Company, with the understanding that the demolition will be delayed several months to determine if the Historical Society will present a re-use proposal for the building, presented and read. Buol moved that the communications be received and filed and approved demolition permit and also the City Manager's recommendation to delay the demolition. Seconded by Markham. Motion carried 7-0. Hy-Vee Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Hy-Vee Subdivision, located at 400 South Locust, as requested by Hy-Vee, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 418-04 RESOLUTION APPROVING THE FINAL PLAT OF HY-VEE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Hy-Vee Subdivision in the City of Dubuque, Iowa; and Whereas, upon said Final Plat appear, a street to be known as Valley Street (Lots A and B) together with certain public utility and sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Valley Street (Lots A and B) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said Final Plat, be the same and are hereby accepted; and Section 2. That the Final Plat of Hy-Vee Subdivision is hereby approved and the Mayor and City Clerk are hereby is authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: To relocate existing sanitary sewer and water main in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineering in conformance with construction improvement plans approved by the City Engineer and inspected by the City Engineer. To provide easements for the relocated sanitary sewer and water main to the City of Dubuque. To maintain the sanitary sewer and water main improvements for a period of two (2) years from the date of acceptance of these improvements by the City of Dubuque, Iowa, at the sole expense of the owner or future owner(s). And, further, provide that said Hy-Vee, Inc. as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Regular Session, November 15, 2004 377 Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation wili not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the final piat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council resolution. Passed, approved and adopted this 151h day of November 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 418-04 I, Dennis A. Ausenhus, the undersigned, representing Hy-Vee, Inc., having read the terms and conditions of Resolution No. 418-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 16th day of Decemer, 2004. Isl Dennis A. Ausenhus Senior V.P., Real EstatelEngineering Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Technology Park - Acceptance of Patent: City Manager recommending approval of the acceptance of Patent No. 5159 from the Iowa Department of Transportation for a right-of-way purchase along US 61 and 151 abutting Technology Park, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. RESOLUTION NO. 419-04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY (LOT F DUBUQUE TECHNOLOGY PARK) TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with the State of Iowa pursuant to which the State agreed to convey a part of Lot F Dubuque Technology Park, in the City of Dubuque, Iowa, as shown on the Plat of Survey thereof; and Whereas, the State of Iowa has executed a patent of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to Patent No. 5159 from the State of Iowa, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. 2003 Asphalt Paving Project: City Manager recommending acceptance of the 2003 Asphalt Paving Project as completed by River City Paving, in the final contract amount of $799,398.80, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 420-04 ACCEPTING IMPROVEMENT Whereas, the contract for the 2003 ACC Paving 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 2004 Annual Street Paving Program in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 421-04 FINAL ESTIMATE Whereas, the contract for the 2003 ACC Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of 378 Regular Session, November 15, 2004 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 $862,326.55 and the said amount shall be paid from the Fiscal Year 2004 Annual Street Paving Program of the City of Dubuque, Iowa. Passed, approved and adopted this 15" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. 261h Street Storm Sewer Extension Project: Ci~ Manager recommending acceptance of the 26 Street Storm Sewer Extension Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $30,519.72, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 422-04 ACCEPTING IMPROVEMENT Whereas, the contract for the 26" Street Storm Sewer Extension 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 2003 26" Street Storm Sewer Extension appropriation and the General Storm Sewer Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 423-04 FINAL ESTIMATE Whereas, the contract for the 26" Street Storm Sewer Extension 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 $36,641.75 and the said amount shall be paid from the Fiscal Year 2003 261h Street Storm Sewer Extension appropriation and the General Storm Sewer Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 15" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Port of Dubuque Storm Sewer Improvements - Phase IV Project: City Manager recommending acceptance of the Port of Dubuque Storm Sewer Improvements - Phase IV Project as completed by Tschiggfrie Excavating Company in the final contract amount of $210,065.12, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 424-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Port of Dubuque Storm Sewer Improvements - Phase IV 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 2004 Port of Dubuque Storm Sewer Improvements - Phase IV appropriations in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15" day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 425-04 FINAL ESTIMATE Whereas, the contract for the Port of Dubuque Storm Sewer Improvements - Phase IV Project Regular Session, November 15, 2004 379 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 $222,357.32 and the said amount shall be paid from the Fiscal Year 2004 Port of Dubuque Storm Sewer Improvements - Phase IV Project appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Purchase of Property - 805 West 32"" Street: City Manager recommending approval of the purchase of a residential dwelling located at 805 West 32"" Street as part of the acquisition pro~ram associated with expansion of the West 32" Street detention basin, presented and read. Buol moved that the communication be received and fiied. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 426-04 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 805 WEST 32"0 STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32"' Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the fifth property scheduled for acquisition. NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of Lot 2 of Lot 7 in Gillespie's Subdivision of Mineral Lot 361, in the City of Dubuque, Iowa, according to the recorded plat of said subdivision; and the South 220.8 feet of Lot 1 of Lot 2 of Lot 7 in Gillespie's subdivision of Mineral Lot 361 in the City of Dubuque, Iowa according to the Piat thereof in Book of Plats #9 page 6, records of Dubuque County, Iowa At the cost of Seventy-five thousand dollars ($75,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Iowa Department of Cuitural Affairs: Press release from the Iowa Department of Cultural Affairs announcing the first eight cultural districts in Iowa, of which Dubuque is one, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0 with Nicholson briefly out of the room. Michalski stated this was a tribute to Dubuque and its citizens. Poiice Department Training Site: City Manager recommending approval of an IndemnitylHold Harmless Agreement to allow the Police Department to use the Smithfield Foods plant on East 16'" Street as a training site, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. City of Davenport: Communication from Jamie Howard, Mayor Pro.Tem and Alderman at Large of Davenport, thanking the City for the recent workshop for Davenport officials and congratulating the City on the riverfront development project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Alliant Energy Agreement for Installation of Outdoor Warning System: City Manager recommending approval of a Facilities Service Agreement with Alliant Energy that will provide for the installation of an outdoor warning siren site east of the Julien Care Facility, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Outdoor Warning System Easement: City Manager recommending approval of an 380 Regular Session, November 15, 2004 Easement Agreement with Dubuque County to place the outdoor warning siren site east of the Julien Care Facility, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Five Flags Center Renovation - Selection of Design Firm: City Manager recommending approval of the selection of Durrant Architects to perform design services for the Five Flags Center renovation project, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Government Finance Officers Association: City Manager advising that the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2003 has qualified for a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA), presented and read. Markham moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. 2004 Sidewalk Assessment Project: City Manager recommending approval of the levy of special assessments for the first and second areas of the 2004 Sidewalk Inspection Program, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 427-04 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2004 SIDEWALK ASSESSMENT PROJECT - BID #1 & BID #2 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 scheduie of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 2004 Sidewalk Assessment Project - Bid #1 & Bid #2 under contract with Kiuck Construction, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Cierk on the 11th day of November, 2004, 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 deciared 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 pubiication 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 City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, 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 $100.00 or more are payable in 10 annual installments at the County Treasurers Office, Dubuque County Courthouse, 720 Central, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to 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 1 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 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Iowa Department of Transportation: Communication from Richard E. Kautz, Iowa Department of Transportation, regarding U.S. 20 intersection improvements, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. carried 7-0. Motion Regular Session, November 15, 2004 381 Business Licenses: RESOLUTION NO. 428-04 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEUMOTEL) LIQUOR LICENSE Platinum Holdings, LLC Grand Harbor Resort NVater Park+(Sunday/Outdoor Sale) 350 Beil CLASS "CO BEERILIQUOR LICENSE T.M. Inc Mario's Italian Restr. +(Sunday Sale) 1298 Main St Aragon Tap Inc. Aragon Tap+ (Sunday Sale) 1103 Iowa St Point Restaurant Point Restaurant+ (Sunday/Outdoor Sale) 2370 Rhomberg SPECIAL CLASS "CO LIQUOR Mary Bichell Mississippi Mug+ (Sunday Sale) 373 Bluff St Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. iTEMS TO BE SET FOR PUBLIC HEARING Southgate Center Second Addition - Request to Vacate: City Manager recommending that a public hearing be set for December 6, 2004 to consider vacating and disposing of a twenty-foot wide utility easement over and across Lot 1 of 1 of Southgate Center Second Addition as requested by IIW Engineers & Surveyors, PC., presented and read. Cline moved that the communication be received and fiied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 429-04 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF UTILITY EASEMENT OVER LOT 1 OF 1 OF SOUTHGATE CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque Southgate Development, Ltd. is the current owner of Lot 1 of 1 of Southgate Center Second Addition; and Whereas, a 20-foot wide utility easement is currently platted on said lot; and Whereas, Dubuque Southgate Development, Ltd. has petitioned to vacate the easement in said lot; and Whereas, Dubuque Southgate Development, Ltd. has platted an aiternate easement on adjacent property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in the existing 20-foot wide utility easement over Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate as prescribed under Section 364.7 Code of Iowa, 2003, or amended. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 12/6/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Twelfth Street - Request to Vacate: City Manager recommending that a public hearing be set for December 6, 2004 to consider a request from the Dubuque Community School District for the vacating and disposal of a portion of 121h Street between Central Avenue and White Street and the adjacent alley from 11th Street to 131h Street, presented and read. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 430-04 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN PART OF 12th STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Dubuque Community School District has requested the vacating and conveyance to the District part of 121h Street between Central Avenue and White Street and the adjacent alley from 111h Street to 131h Street; and Whereas, MSA Professional Services has prepared and submitted to the City Council a 382 Regular Session, November 15, 2004 plat showing the proposed vacated part of 121h Street between Central Avenue and White Street and the adjacent alley from 111h Street to 131h Street and has assigned lot numbers thereto, which hereinafter shall be known and described as Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 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 vacate and dispose of its interest in Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the relocation of all utilities affected by the vacating of 12'h Street between Central Avenue and White Street and the adjacent alley from 111h to 131h Street be engineered, constructed, and inspected at the expense of the Dubuque Community School District in accordance with the City of Dubuque Standards and Specifications. Section 3. That the conveyance of Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 in the City of Dubuque, Dubuque County, Iowa to the Dubuque Community School District be contingent upon the payment by the Dubuque Community School District of platting, publication and filing fees, and the agreement of the School District to pay for the cost of the engineering, construction, and inspection of the relocation of all utilities affected by the vacating of 12'h Street between Central Avenue and White Street and the adjacent alley from 111h to 131h Street. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set it for public hearing on 12/6/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. Eagle Valley Subdivision - Request to Reclassify Property: Proof of publication on notice of hearing to consider reclassifying property located east of Roosevelt Road from R- 2 Two-Family Residential and R-3 Moderate Density Multi-Famiiy Residential Districts to PUD Planned Unit Development with a PR Planned Residential District designation and adopting a conceptual plan, with conditions, for Eagle Valley Subdivision, and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located east of Roosevelt Road from R-2 Two-Family Residential and R-3 Moderate Density Multi- Family Residential Districts to PUD Planned Unit Development with a PR Planned Residential District designation and adopting a conceptual plan, with conditions, for Eagle Valley Subdivision, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 78-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF ROOSEVELT ROAD FROM R-2 TWO-FAMILY RESIDENTIAL AND R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL PLAN, WITH CONDITIONS, FOR EAGLE VALLEY SUBDIVISION. 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 City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property located east of Roosevelt Road from R-2 Two Family Multi- Family Residential and R-3 Moderate Density Multi-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District designation and adopting a conceptual plan, with conditions, for Eagle Valley Subdivision, a copy of which is attached hereto and made a part hereof as shown in Exhibit A, all in the City of Dubuque, Iowa. A. Use Reaulations The following regulations shall apply to all uses made of iand in the above-described PUD District: 1) Principal permitted uses for Zone A shall be limited to: a) Single-family detached dwellings - [11] b) Two-family dwellings (duplex) - [11J 2) Principal permitted uses for Zone B shall be limited to: a) Single-family detached dwellings - [11] b) Two-family dwelling (duplex) - [11] Regular Session, November 15, 2004 383 c) Multi-family dwelling (maximum six (6) dwelling units) - [9] d) Townhouses (maximum six (6) dwelling units) - [11] 3) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Reaulations Development of land in the PUD District shall be regulated as follows: 1) Lots within Zone A shall meet bulk regulations set forth in the Zoning Ordinance for the R-2 Two-Family Residential District except that coverage as a percentage of area shall be 55% and the rear yard setback shall be 10 feet. 2) Lots within Zone B shall meet bulk regulations set forth in the Zoning Ordinance for the R-3 Moderate Density Multi-Family Residential District except that coverage as a percentage of area shall be 55% and the rear yard setback shall be 10 feet. C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Proposed public streets in the Pianned Residential development shall be designed and built to City Engineering Standards. 2) Erosion control devices shall be provided during all phases of construction of the Planned Residential development. 3) Parking requirements for allowed uses shall be as per the parking group for the designated use, in accordance with section 4-2 of the Zoning Ordinance. 4) Sidewalks shall be provided adjoining all public streets. 5) Storm water control facilities will be installed as per City Engineering requirements. 6) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D Sion Reoulations Signs in the PUD District shall be regulated as follows: 1) Signs shall be allowed in the Planned Residential development in accordance with the R-1 sign regulations of the Zoning Ordinance. E. Transfer of Ownership Transfer of ownership or lease of property in the PUD District 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. F. Reclassification of Subiect Property The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-2 and R-3 Districts in accordance with Section 6 of the Zoning Ordinance if the property owners fail to complete or maintain any of the conditions of this ordinance. G. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. H. Recordina A copy of this ordinance shall be recorded at the expense of the property owners with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and hislher heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication as provided by law. Passed, approved and adopted this 1510 day of November 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 78-04 I, Mark Fondell, representing Fondell Excavating, having read the terms and conditions of the foregoing Ordinance No. 78-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 15th day of November 2004. Isl Mark Fondell Fondell Excavating Published officiall~ in the Telegraph Herald newspaper the 22" day of November, 2004. Jeanne F. Schneider, City Clerk 1t 11/22 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. Motion carried 7-0. Zoning Ordinance Text Amendment: Proof of publication on notice of hearing to consider an amendment to the Zoning Ordinance to eliminate the need for a super majority vote by the City Council when the Zoning Advisory Commission has recommended denial of a text amendment or zoning reclassification, and Zoning Advisory Commission recommending denial, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances Section 6-1.5 Council Action by deleting the requirement of the affirmative vote 384 Regular Session, November 15,2004 of at least three-fourths (3/4) of the City Council to enact a zoning reclassification in those cases where the Zoning Advisory Commission has recommended disapproval of the reclassification and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances Section 6-3.2 Council Action by deleting the requirement of the affirmative vote of at least three-fourth (3/4) of the City Council to enact a zoning amendment in those cases where the Zoning Advisory Commission has recommended disapproval of the amendment, presented and read. Jeff Stiles, Chair of the Zoning Advisory Commission, spoke objecting to the proposed changes, stating that it was the Commission's opinion that more citizens would bypass the Zoning Advisory Commission. He requested that the City Council support the Commission and that, if the Council adopted the proposed ordinances, that the Commission be given clarification on their role. Dennis Faber, 2835 Carter Road, representing former members of the Zoning Advisory Commission, spoke in opposition to the proposed ordinances; Barbara Cliff, 2233 Woodland, spoke in favor of the super majority rule, stating it made for a good check and balance; Charles Winterwood, 1555 Montrose Terrace, stated it was important to leave the process as it currently Is; Carla Heathcote, 2529 Stafford, spoke against the amendment stating the current process gives citizens the opportunity to get involved; Frank Belcastro, 385 North Grandview, spoke in opposition to the text amendment; Richard Vorwald, 2921 Washington, stated he was in agreement with the previous comments; Paul Scheideberg, 2542 Stafford, spoke in favor of the super majority rule; Jan Oswald, 1440 Parkway, stated the super majority provided a good system and questioned why the City Manager and City Council wanted it changed; Mary Loney Bichell, 4392 Peru Road, stated she was a member of the Historic Preservation Commission and that citizens volunteer to serve the City and deserve the support of the Council; and Molly Hoefflin, 2845 Ridgeway, spoke in opposition to the text amendment. After Council discussion, Markham moved to deny adoption of the proposed Ordinances. Seconded by Buol. Motion carried 7-0. Disposal of City-Owned Property: Proof of publication on notice of hearing to consider vacatin9 and disposing of a portion of City- owned property located at Lombard and Coilins Streets to the University of Dubuque and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 431-04 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF LOMBARD AND COLLINS STREETS Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated 25'" day of October, 2004, prepared by WHKS & Company, describing the proposed vacated portion of Lombard and Collins Streets; and Whereas, said plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated 25'" day of October, 2004, prepared by WHKS & Company, 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. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the offioe of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. An Ordinance vacating a portion of Lombard and Collins Streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 79-04 ORDINANCE VACATING A PORTION OF LOMBARD AND COLLINS STREETS Whereas, University of Dubuque has requested the vacating of a portion of Lombard and Collins Streets; and Whereas, WHKS & Company has prepared and submitted to the City Council a plat showing the vacated portion of Lombard and Coilins Streets and assigned lot number thereto, which hereinafter shall be known and described as Lot A of Lot 2 of Lot 2 of Mineral Lot 156, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of Dubuque, Iowa has determined that a portion of Lombard and Collins Streets is no longer required for public use, and vacating of said portion of Lombard and Collins Streets known as Lot A of Lot 2 of Lot 2 of Mineral Lot 156, 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 A of Lot 2 of Lot 2 of Mineral Lot 156 in the Regular Session, November 15, 2004 385 City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 151h day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper the 22nd day of November, 2004. Jeanne F. Schneider, City Clerk 11 11/22 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 Michalski. Motion carried 7-0. RESOLUTION NO. 432-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF LOT 2 OF LOT 2 OF MINERAL LOT 156 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, 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 5th day of November, 2004, the City Council of the City of Dubuque, Iowa met on the 1'1 day of November, 2004 at 6:30 p.m. in the Public Library Auditorium, 11 th and Locust, Dubuque, Dubuque County, Iowa to consider the proposai for the sale of real estate described as. Lot A of Lot 2 of Lot 2 of Mineral Lot 156 in the City of Dubuque, Dubuque County, 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 A of Lot 2 of Lot 2 of Mineral Lot 156 in the City of Dubuque, Dubuque County, Iowa to the University of Dubuque be and the same is hereby approved for the sum of One Thousand Six Hundred Ninety and 00/100 Dollars ($1,690.00) plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. 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 University of Dubuque upon receipt of the purchase price in full. Section 3. 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 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Fiber Optic Conduit System Project - Phase I: Proof of publication on notice of hearing to consider the plans and specifications for the Fiber Optic Conduit System Project - Phase I and City Manager recommending that due to the lack of competitive bids the one bid received be rejected and the project re-bid at a later date, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 433-04 REJECTING THE BID RECEIVED FOR THE FIBER OPTIC CONDUIT SYSTEM PROJECT- PHASE 1 AND REORDERING BIDS FOR THE PROJECT AT A LATER DATE Whereas, sealed proposals have been submitted by contractors for the Fiber Optic Conduit System Project - Phase 1 (the Project) pursuant to Resolution No. 408-04 and notice to bidders published in a newspaper publishing in the City of Dubuque, Iowa on the 3" day of November, 2004. Whereas, said sealed proposal was opened and read on the gth day of November, 2004; and Whereas, the City Council has deemed it advisable to reject the one bid and to rebid the Project at a later date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the one bid for the above Project be rejected and the Manager is authorized and instructed to return the bid deposit to the bidder. Section 2. That the City Clerk is hereby directed to re-advertise for bids for the Project at a later date. Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Buol moved to reinstate the rules limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Sidewalk Inspection Communication from 2542 Stafford: Paul Scheideberg 386 Regular Session, November 15, 2004 requesting permission to remove the sidewalk abutting his property at 2542 Stafford and City Manager recommending that the request from Mr. and Mrs. Paul Scheideberg to remove the existing sidewalk at 2542 Stafford be denied and that they be required to repair or reconstruct the sidewalk this year, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Carried by the following vote: Yeas-Cline, Duggan, Markham, Michalski, Nicholson. Nays-Buol, Connors. Paul Scheideberg spoke requesting permission to remove the sidewalk stating there were many outstanding problems including that sidewalk standards were not being applied fai~y and his sidewalk was targeted due to an anonymous complaint. He further stated that the property next to his does not have sidewalks. Buol moved to concur with the recommendation of the City Manager. Seconded by Michalski. Carried by the following vote: Yeas-Cline, Duggan, Markham, Michalski, Nicholson. Nays-Buol, Connors. Sidewalk Request - 2496 LaVista Court: Communication from Joe and Gail Mond requesting an extension of time to finish the sidewalk on the north side of their property at 2496 LaVista Court and City Manager recommending denial of the request for an extension to finish the sidewalk at 2496 LaVista Court and that the property owners be required to install the sidewalk this year, presented and read. Michalski moved that the communications be received and filed and concurred with the City Manager's recommendation. Seconded by Markham. Motion carried 7-0. Nevada Street - No Parking Request: City Manager recommending that the alley that extends from Alpine Street to Nevada Street not be designated a "no parking" area as the City currently has in place an ordinance which requires a ten foot driving lane which does not require the posting of no parking signs and further recommending that the property owner at 394 Nevada be allowed to widen the alley, at her own expense, if she so desires; Communication from Bob and Kay Kingsley, Jim and Lee Grant, Dave and Mimi Resnick, and Cy and lone Konrady requesting to speak in regard to this issue; Communication from Helen Brown, 394 Nevada Street. requesting to speak regarding concerns with this issue, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. Bob Kingsley, 393 Alpine; David Resnick, 375 Alpine; and Cy Konrady, 430 Nevada, spoke clarifying the problem and requesting the alley be designated a "no parking" area. Heien Brown, 394 Nevada Street, spoke in opposition to the "no parking" designation. Buol moved that the alley be designated as "no parking" and that signs to that effect be erected. Seconded by Markham. Motion carried 7-0. Kivlahan Farms LC - Sidewalk Request: City Manager recommending, in response to a request to eliminate the requirement of installing sidewalks along one side of Arboretum Drive and 32"" Street, that Kivlahan Farms, LC be required to install sidewalks on both sides of Arboretum Drive, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 7-0. Middle School Sidewalk: City Manager recommending approval of the installation of sidewalks on the north side of Pennsylvania Avenue from Iowa 32 to Radford Road, the east side of Radford Road from Pennsylvania Avenue to the Asbury city limits, and from the Middle School property, northerly, on the west side of Radford Road to the Asbury city limits and communication from Mary Janice Giesler requesting that the City require sidewalks on all sides of Radford Road and Pennsylvania Road, said item presented at the gm04 Council meeting, now presented for final action. Buol moved that the communications be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Key City Properties No.2 - Final Plat: City Manager recommending approval of the final plat of Key City Properties No.2, which is located within two miles of the corporate limits of the City of Dubuque, but not within a primary growth area, presented and read. Markham moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 434-04 RESOLUTION APPROVING THE FINAL PLAT OF KEY CITY PROPERTIES PLAT NO.2 IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Key City Properties Plat No. 2; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating hereto. Regular Session, November 15, 2004 387 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations except Section 42-19, Lots and Blocks. Section 2. That the Final Plat of Key City Properties Plat No.2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said subdivision ~Iat. Passed, approved and adopted this 15 h day of November 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Affordable Housing Tax Credit Application - Gronen Properties: Communication from John Gronen requesting that the City support his application to the Iowa Finance Authority for housing tax credits for development of affordable rental housing to be located at 1798 Washington Street and City Manager recommending approval of a request from Gronen Properties for City support of an application to the Iowa Finance Authority for housing tax credits, presented and read. Michalski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 435-O4A RESOLUTION OF SUPPORT FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT ON WASHINGTON STREET Whereas, the City of Dubuque, Iowa has been informed by Gronen Properties that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 1798 Washington Street in Dubuque, Iowa with a legal description as follows: Lots 102-106, East Dubuque Addition, in the City of Dubuque, County of Dubuque, Iowa. Whereas, this housing project will contain 36 units; Whereas, the units will be targeted to small families and special needs persons; Whereas, the property will have the following amenities: On-site management office and resident manager Computer learning center and community space Off-street parking for residents Contracted supportive services provided by area service agencies Whereas, the project will be adaptive re-use of an historic building; Whereas, the Sponsor has requested local assistance through a tax abatement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City supports the application of Gronen Properties for Affordable Housing Tax Credits, subject to necessary public hearings and building permits. Section 2. This resolution shall remain effective until 1 June 2005. In the event that any of the above-listed characteristics should materially change prior to the issuance of a building permit, this resolution shall be null and void. Passed, approved and adopted this 15th day of November, 2004. Terrance M Duggan, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Request for Proposals - Zoning and Subdivision Ordinance Update: City Manager recommending approval of the issuance of a Request for Proposals for the update of the Zoning and Subdivision Ordinance, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Rental of Jackson Park: City Manager submitting a history of the rental fee charges in neighborhood parks and recommending that no fee be charged to events that use neighborhood and mini parks (except Washington Park) and are open to the public, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Bee Branch Creek Restoration Alignment Study Work Session: Communication to James Patchett, Conservation Design Forum, inviting him to attend the December 13, 2004 work session regarding the Bee Branch Creek Restoration Alignment Study, presented and read. Connors moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Iowa League of Cities: Council Member Dan Nicholson advising that he has accepted a nomination from the Iowa League of Cities to chair the newly-formed Technology Committee, presented and read. Markham moved that the communication be received and filed and 388 Regular Session, November 15,2004 congratulated Mr. Nicholson. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Duggan stated that in reference to the letter from the County about the possibility of combining the City and County Assessor offices, that Council had discussed this previously and determined there was no interest in the proposal. There being no further business, Markham moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 8:42 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 11/24 / ;' 2005 -~ 2005 Att?,,/ . - /-ì ) / ~,1:-/<7//7,:~./:r/.¿),~</ {9«y Clerk