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2004 December Council Proceedings Regular Session, December 6, 2004 389 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, December 6, 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 Gary McAlpin, Assistant Pastor of Faith, Center Grove and Rockdale United Methodist Churches. Proclamation: Human Rights Day (December 10, 2004) received by Judy Giesen. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 10/25; Cable TV Regulatory Commission of 11/10; Cable TV Teleprogramming Commission of 11/9; City Council of 11/10 and 11/15; Electrical Board of 11/8; Five Flags Commission of 9/20 and 10/18' Historic Preservation Commission of 11/18: Housing Commission of 10/26; Housing Trust Fund Committee of 11/23; Library Board of 10/18; Mechanical Board of 11/2; Park and Recreation Commission of 11/9; Zoning Board of Adjustment of 11/18, presented and read. Buol moved that the minutes be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Proof of publication of City Council Proceedings of November 1 and November 10 2004 and List of Claims and Summary oi Revenues for month ending October 31, 2004 (On file in the City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed City Council Proceedings of October, 2004, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: James Bauerly for property damage; Ronald Hendricks for vehicle damage; Steven Kelly for vehicle damage; Richard and Connie Neumann for negligence, 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: Amy Boekholder for personal injury; Ronald Hendricks for vehicle damage; Steve Kelly for vehicle damage; Richard and Connie Neumann for negligence; Theresa Sawvell for vehicle damage; Greg Tuthill for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of the ciaim of Bernard C. Bockes for vehicle 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 to issue payment: Seconded by Nicholson. Motion carried 7-0. Request to Purchase City-Owned Property: Request of Harry and Mary Althaus to purchase an easement they had previously sold to the City for construction of Tanzanite Drive, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Human Rights Ordinance: Communication from Fred F. Ertl, III, urging the City Council to vote no on the initiative to include sexual orientation into the City Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Lynn M. McCullough, presented and read. Buol moved that the communication be received and filed and approved recom- mendation. Seconded by Nicholson. Motion carried 7-0. U.S. Department of Housing and Urban Deveiopment: Communication from the U.S. Department of Housing and Urban Development's Office of Healthy Homes and 390 Regular Session, December 6, 2004 Lead Hazard Control requesting assistance and partnership to establish the City of Dubuque as a Safe and Healthy Homes Community and communication from Housing and Community Development Director David Harris to the U.S. Department of Housing and Urban Development volunteering Dubuque as one of twenty-five sites to assist in development of a revitalization strategy, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nichoison. Motion carried 7-0. Roosevelt Road Phase II Water Main Extension Project: City Manager recommending acceptance of the Roosevelt Road Phase II Water Main Extension Project as completed by McClain Excavating Co., Inc., in the final contract amount of $88,216.19, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 436-04 ACCEPTING IMPROVEMENT Whereas, the Contract for the Roosevelt Road Phase II Water Main Extension Improvement Project has been completed and the City's consultant IIW Engineering and Associates of Dubuque, Iowa recommend acceptance of the project. 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 accepted. Passed, approved and adopted this 6'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 437-04 FINAL ESTIMATE Whereas, the contract of the Roosevelt Road Phase II Water Main Extension Improvement Project has been completed and the City has submitted the final estimate showing the cost thereof. 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 $88,216.19. Section 2. That the final payment $4,410.81 be paid to McClain Excavating Co., Inc. in accordance with State Statutes from funds in the Water Department's FY 05 CIP Budget. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Substance Abuse Services Center: Communication from Diane K. Thomas, Executive Director of Substance Abuse Services Center, requesting financial support for their Fiscal Year 2005 program, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Carter Road Detention Basin Project: City Manager recommending acceptance of the Carter Road Detention Basin Project as completed by Tschiggfrie Excavating, Inc., in the final contract amount of $749,060.88, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 438-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Carter Road Detention Basin 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 General Storm Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6'h day of December, 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, 439-04 FINAL ESTIMATE Whereas, the contract for the Carter Road Detention Basin 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. Regular Session, December 6, 2004 391 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,076,314.63 and the said amount shall be paid from the Fiscal Year 2004 General Storm Sewer Construction Project of the City of Dubuque, Iowa. Passed, approved and adopted this 6'h day of December, 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. Madison Street Sanitary Sewer Extension Project: City Manager recommending acceptance of the Madison Street Sanitary Sewer Extension Project as completed by Top Grade Excavating in the final contract amount of $90,484.50 and approving the preliminary schedule of final assessments, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 440-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Madison Street Sanitary 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 2001 Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 441-04 FINAL ESTIMATE Whereas, the contract for the Madison Street Sanitary 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 $104,057.18 and the said amount shall be paid from the Fiscal Year 2001 Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Section 2. That $33,657.74 of the cost thereof shall be assessable upon private property and $70,399.44 shall be paid from the Fiscal Year 2001 Sanitary Sewer Construction Fund. Passed, approved and adopted this 6'h day of December, 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. 442-04 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet, 1 to 1 inclusive, is hereby determined to be the preliminary schedule of final assessments for the Madison Street Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 6'h day of December, 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. Loras Boulevard Historic Lighting Project: City Manager recommending acceptance of the Loras Boulevard Historic Lighting Project as completed by Westphal & Company, Inc., in the final contract amount of $105,180.08, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 443-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Loras Boulevard Historic Street Lighting 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 392 Regular Session, December 6, 2004 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 Community Development Block Grant and from the Street Light Replacement Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6'h day of December, 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. 444-04 FINAL ESTIMATE Whereas, the contract for the Loras Boulevard Historic Street Lighting 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 $111,501.03 and the said amount shall be paid from the Fiscal Year 2004 Community Development Block Grant and the Street Light Replacement Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6'h day of December, 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. 2004 Curb Ramp Installation - CDBG #1 Project: City Manager recommending acceptance of the 2004 Curb Ramp Installation - CDBG #1 Project as completed by Kluck Construction in the final contract amount of $32,168.50, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 445-04 ACCEPTING IMPROVEMENT Whereas, the contract for the 2004 Curb Ramp Installation - CDBG Project #1 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 2005 Community Development Block Grant Funds in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 6'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 446-04 FINAL ESTIMATE Whereas, the contract for the 2004 Curb Ramp Installation - CDBG Project #1 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 $36,993.78 and the said amount shall be paid from the Fiscal Year 2005 Community Development Block Grant Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of December, 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. Dubuque Racing Association: City Manager recommending approval of the request from the Dubuque Racing Association to construct an additional storage facility near the dog kennels, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. White Water Creek Bridge - Grant Agreement: City Manager recommending approval of an agreement with the State Historical Society of Iowa for a Historic Resource Development Program (HRDP) grant for relocation of the White Water Creek Bridge, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 447-04 RESOLUTION APPROVING A HISTORIC RESOURCE DEVELOPMENT PROGRAM Regular Session, December 6, 2004 393 GRANT AGREEMENT FOR RELOCATION OF THE WHITE WATER CREEK BRIDGE Whereas, the State Historical Society of Iowa has awarded the City of Dubuque a $30,000 Historic Resource Development Program (HRDP) grant for relocation of the White Water Creek Bridge; and Whereas, the City Council has a signed Memorandum of Agreement with the Federal Highway Administration, State Historic Preservation Office, and Dubuque County, and an Intergovernmental Agreement with the State Historic Preservation Office and Dubuque County, that set forth the terms and conditions of the relocation of the historic White Water Creek Bridge for relocation of the White Water Creek Bridge; and Whereas, the City Council has budgeted funds from the Bridge Maintenance Program for relocation of the White Water Creek Bridge; and Whereas, the City has an adopted Comprehensive Plan with goals and objectives for the preservation and interpretation of the community's historic and cultural resources. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the Planning Service Department Manager is hereby authorized to sign the HRDP grant agreement with the State Historical Society of Iowa on behalf of the City of Dubuque for relocation of the White Water Creek Bridge. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the project. Passed, approved and adopted this 6th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Heritage Trail Interpretive Signs - Grant Agreement: City Manager recommending approval of an agreement with the State Historical Society of Iowa for a Historic Resource Development Program (HRDP) grant for the third phase in the development of interpretive signs for the Heritage Trail Riverfront System, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 448- 04 RESOLUTION AUTHORIZING GRANT AGREEMENT FOR HRDP FUNDS FOR HERITAGE TRAIL INTERPRETIVE SIGNS Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan and begun construction of the Heritage Trail Riverfront System; and Whereas, the City of Dubuque has included interpretive signs in the Vision Iowa project; and Whereas, the State Historical Society of Iowa has awarded the City an HRDP grant for Heritage Trail Interpretive Signs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the grant agreement with the State Historical Society of Iowa for HRDP funds to create interpretive signs for the Heritage Trail Riverfront System. Section 2. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 6th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Save America's Treasures Grant Agreement - Shot Tower: City Manager recommending approval of a $295,000 Save America's Treasures grant agreement to stabilize and rehabilitate the Shot Tower, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 449-04 RESOLUTION APPROVING A SAVE AMERICA'S TREASURES GRANT AGREE- MENT TO STABILIZE AND REHABILITATE THE SHOT TOWER Whereas, the National Park Services has awarded the City of Dubuque a $295,000 Save America's Treasures grant to stabilize and rehabilitate the Shot Tower; and Whereas, the City Council has budgeted funds and received an Historic Sites Preservation Grant from the State Historical Society of Iowa to stabilize and rehabilitate the Shot Tower; and Whereas, the stabilization and rehabilitation of the Shot Tower is included in the City's Vision Iowa project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 394 Regular Session, December 6, 2004 Section 1. That the Mayor is hereby authorized to sign the Save America's Treasures grant agreement with the National Park Services for the stabilization and rehabilitation of the Shot Tower. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the project. Passed, approved and adopted this 6th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Restore-O-Rama Workshop: Communication from the Historic Preservation Commission advising that the Midwest Office of the National Trust for Historic Preservation (NTHP) has asked the City to host a Restore-O-Rama Workshop to be held in May, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Project Concern Purchase of Service Agreement Amendment: City Manager recommending approval of an amendment to the Purchase of Service Agreement with Project Concern to provide for completion of the Downtown Resource Guide by December 31, 2004, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Section 8 Housing Program Assessment: City Manager advising that the City's Section 8 Housing Project has received a High Performance Rating from the U.S. Department of Housing and Urban Development, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. West 32" Street Detention Basin Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for design services for the West 32" Street Detention Basin project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Grand Excursion 2004: Report from the Dubuque Area Chamber of Commerce regarding the success of the Grand Excursion 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Dubuque Area Workforce Recruitment Campaign: Communication from Steward Sandstrom regarding the Dubuque Area Workforce Recruitment Campaign, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Zoning Board of Adjustment: Planning Services Manager Laura Carstens advising that Bill Felderman has resigned from the Zoning Board of Adjustment due to time conflicts, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Highway 32 (Southwest Arterial) Consultant Contract: City Manager recommending approval of the Consultant Contract Scope of Services and the associated cost proposal for the Highway 32 (Southwest Arterial) design and approaching the Dubuque County Board of Supervisors and DMA TS for funding assistance, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 450-04 APPROVING THE CONSULTANT SCOPE OF SERVICES AND THE ASSOCIATED COST PROPOSAL ON BEHALF OF EARTH TECH, INC. TO COMPLETE PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE IMPROVEMENT OF IOWA HIGHWAY 32 (SOUTHWEST ARTERIAL) Whereas, the City of Dubuque (City) is the lead public agency responsible for the administration of the Preliminary Design Phase for improvement to Iowa Highway 32 (Southwest Arterial) (the Project) which will include a proposed four-lane freeway and an interim two- lane highway on a new alignment between U.S. Hwy 61/151 and U.S. Hwy 20; and Whereas, a comprehensive Project Scope of Services has been developed jointly between Earth Tech, Inc. and both City and Iowa Department of Transportation Staff and said scope of services will become the foundation of the Consultant Agreement for Professional Services between Earth Tech, the City and the Iowa DOT and will culminate in a Standard Design Contract in accordance with the Iowa Department of Transportation Policy #300.12; and Whereas, a comprehensive Project Scope of Services has been developed and the associated Cost Proposal to complete Preliminary Engineering Design Services for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, December 6, 2004 395 Section 1. That said Project Scope of Services and the associated Cost Proposal to complete Preliminary Engineering Design Services for the Project is hereby approved. Section 2. That said Project Scope of Services and the associated Cost Proposal amount is subject to the completion and approval of the pre-audit by the Iowa Department of Transportation. Passed, adopted and approved this 6th day of December, 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. 451-04 AUTHORIZING THE CITY MANAGER TO REQUEST ADDITIONAL FUNDING THROUGH THE DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY (DMATS) AND TO REQUEST THAT DUBUQUE COUNTY PARTICIPATE IN THE LOCAL MATCH TO FUND THE PRELIMINARY ENGINEERING DESIGN SERVICES FOR THE IMPROVEMENT OF IOWA HIGHWAY 32 (SOUTHWEST ARTERIAL) Whereas, the City of Dubuque (City) is the lead public agency responsible for the administration of the Preliminary Design Phase for improvement to Iowa Highway 32 (Southwest Arteriai) (the Project) which will include a proposed four-lane freeway and an interim two- lane highway on a new alignment between U.S. Hwy 61/151 and U.S. Hwy 20; and Whereas, the City in partnership with Dubuque County (County), the iowa Department of Transportation and the Federal Highway Administration (FHWA), secured a Transportation Equity Act for the 21 st Century (TEA-21) Surface Transportation Program (STP) Grant (Project No. STP-U-2100 (634)--70-31) which will finance the Consultant Preliminary Design for the Project; and Whereas, additional funding is required for the completion of the Preliminary Engineering Design Consultant Contract for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said City Council does hereby authorize the City Manager to request additional funding through Dubuque Metropolitan Area Transportation Study (DMA TS) for the Project. Section 2. That said City Council does hereby authorize the City Manager to request that Dubuque County participate in the 10% local funding match. Passed, adopted and approved this 6th day of December, 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. Traffic Signal Removal - 16th and Sycamore Streets: City Manager recommending ap,Rroval of the removal of traffic signals at 16 and Sycamore Streets, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO, 452-04 REQUIRING THE REMOVAL OF THE TRAFFIC SIGNAL AT 16TH AND SYCAMORE STREETS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City Manager is hereby directed to remove the traffic signal at 16th and Sycamore Streets. Passed, adopted and approved this 6th day of December, 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. Human Rights Commission Annual Report: City Manager transmitting the 2004 Human Rights Commission Annual Report, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. Government Performance and Results Act (GPRA) Annual Products Report: City Manager transmitting the 2004 Government Performance and Results Act (GPRA) Annual Products Report, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Iowa League of Cities: Communication from the Iowa League of Cities requesting that the City Manager serve on the League's Policy Committee, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Nicholson. Motion carried 7-0. Citizen Communication: Communication from Dave Meyers, 835 Council Hill Drive, regarding the intersection of Highway 20/John F. Kennedy Road/Cedar Cross Road, presented and read. Connors moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Business Licenses: 396 Regular Session, December 6, 2004 RESOLUTION NO. 453-04 Whereas, applications for Beer Permits have been submitted and fiied 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 appiicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Company Big 10 Mart+ (Sunday Sale) 9th & Central Ave. Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 4039 Pennsylvania Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 2320 Hwy 61 Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 454-04 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 Design Center, Inc. Julien Inn+ (Sunday Sale) 200 Main St Kinseth Hotel Corp. Holiday Inn Dubuque 5 Flags+{Sunday Sale) 450 Main St WCB Hotels, Inc Hoffman House /3100 Club+ (Sunday/Outdoor Sale) 3100 Dodge St CLASS "C" BEER/LIQUOR LICENSE Bruggeman, Inc Andaluz 253 Main St Instant Replay+ 1602 Central Av Cue Masters 900 Central Av The White House 450 W. Locust St Pepper Sprout Pamela Arensdorf (Sunday Sale) Cue Masters Biliiards LLC Billiards+(Sunday Sale) David Hoffman Pepper Sprout, Inc 378 Main St The Moracco, Inc The Moracco+ (Sunday Sale) 1413 Rockdale Rd CLASS "B" NATIVE WINE PERMIT DBQ Area Chamber of Comm. DBQ Area Chamber of Commerce 300 Main St Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Historic Preservation Revolving Loan Fund - $200,000 General Obligation Capital Loan Note: City Manager recommending that a public hearing be set for December 20, 2004 to consider approval of an offer by Premier Bank to provide $200,000 to the City for ten years, interest free, for the Historic Preservation Revolving Loan Fund, financed with a $200,000 General Obligation Capital Loan Note, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 455-04 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $200,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTE OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue an Urban Renewal Tax Increment Revenue Note to the amount of $200,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and WHEREAS, Section 403.9 sets forth the procedural action required to be taken before said Urban Renewal Tax Increment Revenue Note may be issued, and it is therefore necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th day of December, 2004, for the purpose of Regular Session, December 6, 2004 397 taking action on the matter of the issuance of a $200,000 Urban Renewal Tax Increment Revenue Note, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewai District, including the funding of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Tax Increment Revenue Note shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $200,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTE OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of December, 2004, at 6:30 o'clock P.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of a $200,000 Urban Renewal Tax Increment Revenue Note in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including the funding of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Urban Renewal Tax Increment Revenue Note or will abandon the proposal to issue said obligations. Said hearing and appeals therefrom shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 403.9 of the Code of Iowa. Code Section 403.9 shall govern this meeting and action taken thereat. Dated this 7th day of December, 2004. Jeanne F. Schneider City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and setting this date of publiC hearing for 12/20/04 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 Connors. Motion carried 7-0. 2004 Sanitary Sewer Lining Project - Initiate: City Manager recommending initiation of the public bidding process for the 2004 Sanitary Sewer Lining Project and recommending that a publiC hearing be set for January 17, 2005 on adoption of the plans and specifications and award of the contract, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 456-04 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 2004 Sanitary Sewer Lining Project in the estimated amount $163,956.65 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 457-04 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 2004 Sanitary Sewer Lining Project. 398 Regular Session, December 6, 2004 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 17th day of January, 2005, 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, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution and set date of hearing on plans and specifications for 1/17/05 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 Connors. Motion carried 7-0. RESOLUTION NO. 458-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2004 Sanitary Sewer Lining Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 29th 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 17'h day of January, 2005. Passed, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Highway 20 Sanitary Sewer Extension Project - Initiate: City Manager recommending initiation of the public bidding process for the Highway 20 Sanitary Sewer Extension Project and recommending that a public hearing be set for January 17, 2005 on adoption of the plans and specifications and award of the contract, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 459-04 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 U.S. Highway 20 Sanitary Sewer Extension Project in the estimated amount $573,946.97 are hereby approved and ordered filed in the office of the City Cierk for public inspection. Passed, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 460-04 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 U.S. Highway 20 Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 17'h day of January, 2005, 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 pians 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. 399 Regular Session, December 6, 2004 Passed, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution setting date of hearing on plans and specifications for 1/17/05 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 Connors. Motion carried 7-0. RESOLUTION NO. 461-04 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the U.S. Highway 20 Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from Sanitary Sewer Construction Fund and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of December, 2004. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 462-04 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the U.S. Highway 20 Sanitary Sewer Extension Project; and Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That on the 17'h day of January, 2005, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a Resolution of Necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 463-04 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, Page 1 to Page 1 inclusive, are hereby determined to be the schedule of proposed assessments for the U.S. Highway 20 Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. 400 Regular Session, December 6, 2004 Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO, 464-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the U.S. Highway 20 Sanitary Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6TH day of January, 2005. 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 17'h day of January, 2005. Passed, adopted and approved this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Harvest View Park Construction Project - Initiate: City Manager recommending initiation of the public bidding process for the Harvest View Park Construction Project and recommending that a public hearing be set for January 17, 2005 on adoption of the plans and specifications and award of the contract, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 465-04 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 Harvest View Park Development Project, in the estimated amount of $100,440, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 6th day of December, 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. 466-04 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 Harvest View Park Development Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 17th day of January, 2005, 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 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution setting the date of hearing on plans and specifications for 1/17/05 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 Connors. Motion carried 7-0. RESOLUTION NO. 467-04 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the HARVEST VIEW PARK DEVELOPMENT PROJECT is hereby ordered to be advertised for bids for construction, BE IT FURTHER RESOLVED, that the arnount of the security to accornpany 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 Regular Session, December 6, 2004 401 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 6th day of January, 2005. 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 17th day of January, 2005, Passed, approved and adopted this 6th day of December, 2004. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commissions: Human Rights Commission (One Unexpired 3- Year Term Through 1/1/07; Three 3-Year Terms Through 1/1/07 - Terms of Murray, Oswald and Ross) Applicants: James Jarrard, Gary McAlpin, Lou Oswald, Bill Ross James Jarrard, Gary McAlpin, Lou Oswald, and Bill Ross spoke requesting consideration for appointment. Arts and Cultural Affairs Commission: (1) Four Three-Year Terms Through 6/30/07 - Arts Knowledge/Interest; (2) Two Two-Year Terms Through 6/30/06 - Business/Professional (One Applicant Must LivelWork Within District); (3) One Two-Year Term Through 6/30/06 - At Large Applicants - Arts Knowledge/Interest: Ken Bichell, Catherine Goodman, Richard Hall, Ellen Henkels, Louise Kames, Jane Kenworthy, Paul Kohl, loana Mamali, Michele McKinlay, Gene Perry, Susan Riedel, John Tilton, Mark Wahlert, Vincent Williams, John Woodin; Applicants - Business/Professional (One Applicant Must LivelWork Inside District): Inside District: Mirdza Berzins, William Intriligator, Louise Kames, Amy Link, John Tilton; Outside District; Catherine Goodman, Jim Grady, Ellen Henkels, Cheryl Jacobsen, David Kessler, Karen Ridings Applicants - At Large: Rebecca Fabricius, Catherine Goodman, Jim Grady, Ellen Henkels, Louise Kames, David Kessler, Susan Riedel, John Tilton The following spoke requesting consideration for appointment to the Arts/Cultural Affairs Advisory Commission: Rebecca Fabricius, Richard Hall, Ellen Hartmann Henkels, William Intrilligator, Cheryl Jacobsen, Louise Kames, Jane Kenworthy, David Kessler, Paul Kohl, Amy Link, loana Mamali, Susan Riedel, John Tilton, Mark Wahlert, Vincent Williams, John Woodin. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to address the Council. Seconded by Michalski. Motion carried 7-0. Transit Fare Increase: Proof of publication on notice of hearing 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 and City Manager recommending approval, presented and read. Markham moved to receive and file the proof and communication and approve the recommendation to increase the fares. Seconded by Cline. Motion failed due to the following vote: Yeas-Duggan; Nays-Buol, Cline, Connors, Markham, Michalski, Nicholson. Bonnie Meyers and Sara Davidson spoke objecting to any fare increase. Lou Oswald objected also, citing a hardship on the very low income riders and stating that $31,000 is a small amount to find in the budget so as not to raise fares. Mark Munson, Transit Manager, stressed the service is required by the ADA and the cost for each ride is $6.00. After Council discussion, Michalski moved to refer back to the Transit Board. Seconded by Cline. Motion carried 7-0. Twelfth Street - Request to Vacate: Proof of publication on notice of hearing to consider a request from the Dubuque Community School District for the vacating and disposal of a portion of 12'h Street between Central Avenue and White Street and the adjacent alley from 11 ~ Street to 13~ Street and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication from John Burgart, Superintendent of Schools, advising that the Dubuque Community School District will be responsible for the relocation of publiC utilities on the proposed vacated 12th Street and the adjacent alley between 11'h and 13'h Streets between Central Avenue and White Streets, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication from Gene Sands, 1516 Central Avenue, in opposition to the closing of 12'h Street, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. 402 Regular Session, December 6, 2004 Doug Horstmann of the Dubuque Community School Board spoke and gave the history and specifics of this project. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Robert Felderman, 1980 Marion Street, spoke voicing concem of the "island" mentality and stressed using a temporary closing, rather than fully closing Twelfth St. between Central and White, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. P.J. Anglin, 5130 Dunn Rd., East Dubuque, IL, spoke stating he is a property owner in the area and was not contacted and objects to the closing, stating 13th Street can't handle the additional traffic, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Tony Zelinskas with WHKS, spoke stating they contacted over fifty business owners for the study and received only eleven responses, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Council discussed the closing of Twelfth Street, ultimately stating it was necessary for the new school. RESOLUTION NO. 468-04 APPROVING A PLAT OF PROPOSED VACATED 12th STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8th day of November, 2004, a copy of which is attached hereto, prepared by MSA Professional Services, describing the proposed vacated 12th Street between Central Avenue and White Street and the adjacent alley from 11~ Street to 13th Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the plat dated the 8th day of November, 2004, prepared by MSA Professional Services, 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 office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. An Ordinance Vacating 12'h Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13~ Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 80-04 VACATING 12th STREET BETWEEN CENTRAL AVENUE AND WHITE STREET AND THE ADJACENT ALLEY FROM 11TH STREET TO 13TH STREET Whereas, Dubuque Community School District has requested the vacating of 12th Street between Central Avenue and White Street and the adjacent alley from 11 ~ Street to 13~ Street; and Whereas, MSA Professional Services has prepared and submitted to the City Council a plat a copy of which is attached hereto showing the proposed vacated 12th Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th 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; and Whereas, the City Council of Dubuque, Iowa has determined that part of 12'h Street between Central Avenue and White Street and the adjacent alley from 11~ Street to 13'h Street is no longer required for public use, that existing utilities will be relocated at the expense of the Dubuque Communit~ Schools and that the vacating of said 12 Street between Central Avenue and White Street and the adjacent alley from 11th Street to 13th Street known 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate 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, be and the same is hereby vacated. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of December, 2004. Jeanne F. Schneider, City Clerk Regular Session, December 6, 2004 403 11 12/11 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. RESOLUTION NO. 469-04 DISPOSING OF CITY INTEREST IN VACATED 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, 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 this 19th day of November, 2004, the City Council of the City of Dubuque, Iowa met on the 6th day of December, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the disposition of real estate 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 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 disposition of City of Dubuque real property described as Lot A and Lot B of City Lot 445 and Lot A of City Lot 446 in the City of Dubuque, Iowa to the Dubuque Community School District be and the same is hereby approved for the costs of platting, publication, and filing fees and the costs of 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 11th Street to 13th Street. Conveyance shall be by Quit Claim Deed. 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 11th Street to 13th Street. to be engineered, constructed, and inspected at the expense of the Dubuque Community School District, shall be in accordance with City of Dubuque Standards and Specifications. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the Dubuque Community School District upon payment of all costs referred to herein by the Dubuque Community School District. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Southgate Center Second Addition - Request to Vacate: Proof of publication on notice of hearing 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 and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 470-04 RESOLUTION DISPOSING OF CITY INTEREST AND VACATING A 20-FOOT WIDE UTILITY EASEMENT OVER LOT 1 OF 1 OF SOUTHGATE CENTER SECOND ADDITION 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 this 19th day of November, 2004, the City Council of the City of Dubuque, Iowa met on the 6th day of December, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: A 20-foot utility easement over and across Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque County, Iowa, in real property described as a 20-foot utility easement over and across Lot 1 of 1 of Southgate Center 404 Regular Session, December 6, 2004 Second Addition in the City of Dubuque, Dubuque County. Iowa. to Dubuque Southgate Development, Ltd. be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Dubuque Southgate Development, Ltd. upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of December. 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. Markham moved that the rules be reinstated limiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Proceedings to Acquire Vacant and Abandoned Property - 409 Burch Street: City Manager recommending approval to petition the District Court to enter judgment for a vacant and abandoned home located at 409 Burch Street and awarding title of the property to the City, presented and read. Dave Stuart spake stating that John White, the owner of the property, could not be in attendance at this meeting but he was authorized to speak for him. He stated enormous work had been done on the house and claimed there was no accumulated garbage and that the roof was half finished. Margaret Wimmer. 420 Burch, stated she has looked at it every day and there has not been much improvement in the last year. Cline moved to table this matter. Seconded by Michalski. Motion failed due to the following vote: Yeas-Cline. Michalski. Nays-Buol, Connors. Duggan, Markham, Michalski, Nicholson. Cline moved to receive and file the documents and approve the proceedings to acquire the property. Seconded by Markham. Motion carried 7-0. Stonehill Sidewalk Removal Request (Tabled at Meeting of November 1, 2004): Michalski moved that the following item be removed from the table. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an agreement which permits Stone hill Community Association to remove the public sidewalk on their property abutting Windsor Avenue with the understanding that it will be replaced upon development of the abutting property, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. North Grandview Estates - Final Plat: City Manager recommending approval of the final plat of Lots 1 through 40. inclusive, and Lot A of North Grandview Estates and further recommending that the property owners extend City utilities, including the installation of a sanitary sewer main, for future development of adjoining property. presented and read. Joe Bitter, Attorney at Law, representing the property owners. stated It was unreasonable to make improvements for future development that may not occur. Richard Henkel spoke stating they have worked with staff from day one and felt he should not have to make improvements from which his subdivision will not benefit. Cline moved that the communication be received and filed and the property owner be required to install the manhole and dedicate the easement but not install the sanitary sewer main Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 471-04 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 40, INCLUSIVE, AND LOT A OF NORTH GRANDVIEW ESTATES, IN THE CITY OF DUBUQUE, IOWA. Whereas. there has been filed with the City Clerk a final plat of Lots 1 thru 40, Inclusive, and Lot A of North Grandview Estates in the City of Dubuque, Iowa; and; Whereas, upon said final plat appears a street to be known as Helen Ridge Court (Lot A), together with certain public utility storm and sanitary sewer easements all in North Grandview Estates, which the owner, by said final plat, has dedicated to the public forever: and Whereas. the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon: and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 below: 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. Regular Session, December 6, 2004 405 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Helen Ridge Court (Lot A), and the easements for public utilities, sanitary sewer and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Lots 1 thru 40, Inclusive, and Lot A of North Grandview Estates, 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 final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Helen Ridge Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (b) To install sanitary sewer and service laterals, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (c) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; (e) To maintain the above public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Grandview Estates, LLC, 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. Section 3. Parking on Helen Ridge court shall be restricted to the north and west sides of the street. Parking on Helen Ridge Court is being restricted to one side of the street as the developer is proposing to construct the street to the City's reduced street standard of 27 -foot of paving and 42 foot of right-of-way. Section 4. 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 will 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 plat. Section 5. The developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision until it has been fully completed and 80% of the sum of the platted lots in the entire North Grandview Estates is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lots 11 and 14) shall be assessed against the lot owners of North Grandview Estates, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the City may install a portion of the sanitary sewer mains and sewer service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and Grandview Estates, LLC. Section 7. That the City may install a portion of the water mains and service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and Grandview Estates, LLC. Section 8. 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 406 Regular Session, December 6, 2004 plans and City standard specifications and accepted by City Council Resoiution. Section 9. That in the event North Grandview Estates, LLC fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resoiution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 471-04 We, the undersigned, Richard Henkel and Sandra Wiliiams, representing North Grandview Estates, L.L.C., having read the terms and conditions of Resolution No. 471-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 6th day of December 2004. Isl Richard Henkel Isl Sandra Williams Cline moved that the property owner be required to install the manhole and dedicate the easement but not install the sanitary sewer, and moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Designation of "No Parking" Area: City Manager recommending approval of the designation of a "No Parking" area in the alley that extends from Nevada Street east toward Alpine Street and south to West 3'd Street. presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets or portions thereof adding the alley from Nevada Street to West Third Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 81-04 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING THE ALLEY FROM NEVADA STREET TO WEST THIRD STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Code of Ordinance of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Alley, both sides, from Nevada Street to West Third Street. Passed, approved and adopted this 6th day of December, 2004. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officiall~ in the Telegraph Herald newspaper this 11 t day of December, 2004. Jeanne F. Schneider, City Clerk 1t 12/11 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. MidAmerica Housing Partnership Application: City Manager recommending approval of a resolution of support for the MidAmerica Housing Partnership's application to the Department of Economic Development for HOME Program funds for construction of affordable town homes in Eagle Valley Subdivision, presented and read. RESOLUTION NO. 472-04 A RESOLUTION OF SUPPORT FOR THE CONSTRUCTION OF AFFORDABLE SINGLE FAMILY TOWNHOMES IN THE EAGLE VALLEY SUBDIVISION Whereas, MidAmerica Housing Partnership (MAHP) proposes to construct eight town homes affordable to households earning less than 80% of area median income, in the Eagle Valley Subdivision in the City of Dubuque; and Whereas, the City of Dubuque is supportive of provision of new single family housing affordable to low- and moderate-income families; and Whereas, the City of Dubuque has provided the developers of Eagle Valley Subdivision with financial assistance in the interest of reducing development costs and producing affordable housing; and Whereas, MAHP has requested Iowa Department of Economic Development assistance from the American Dream Downpayment Initiative (ADD I) program in order to reduce sale prices to lower-income families. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque supports the application of MidAmerica Housing Partnership to the Iowa Department of Economic Development for HOME Program American Dream Downpayment Initiative funds to assist in development of the proposed MAHP housing in the Eagle Valley Subdivision. Section 2. City Community Development Block Grant funds in the total amount of $44 000 are Regular Session, December 6, 2004 407 authorized as a grant to MAHP for construction subsidy of the affordable town house units. Passed, approved and adopted this 6th day of December 2004. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. American Public Works Association: City Manager advising that Operations and Maintenance Street and Sewer Maintenance Supervisor John Klostermann has received the American Public Works Association Iowa "Leader of the Year" award, presented and read. Michalski moved that the communication be received and filed and offered congratulations to John. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2006 Budget Hearing Schedule: City Manager recommending approval of the Fiscal Year 2006 budget hearing schedule, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2006 Policy Guidelines: City Manager recommending approval of the Policy Guidelines for the Fiscal Year 2006 budget, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski commented that the WinterFest weekend was remarkable. Markham reported that a workshop at the National League of Cities Conference regarding cooperation between a city and local school board was very interesting and that the City of Dubuque and Dubuque Community School Board could be proud of their working relationship. PUBLIC INPUT Scott Runde spoke stating he had been told he could not stop City refuse pickup for his apartment house and questioned the policy. Michalski referred him to the Solid Waste Agency and the City's Soiid Waste Management Supervisor will contact him. There being no further business, upon motion meeting adjourned at 9:33 P.M. Isl Jeanne F. Schneider, CMC City Cierk 1t 12/15 2005 2005 Council Members ...,.- c::-' /. c7&. 408 Special Session, December 13, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 13, 2004 Council met in Special Session at 6:00 P.M. in the Library Auditorium Present: Mayor Pro- Tem Markham, Council Members Buol, Connors, Nicholson, City Manager Van Milligen, Corporation Council Lindahl Absent: Mayor Duggan, Council Members Cline, Michalski 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 design of the Bee Branch Creek Restoration Project. Dan Lau, CDM, presented a general overview of the project background, preliminary design (including alignment and design characteristics, performance and appearance), and implementation considerations. He discussed the pros and cons of the alternative northeast channel alignment from the railroad tracks to Sixteenth Street versus the southem alignment around the Smithfield property and the reasons why the southern alignment was the preferred channel alignment. Lau discussed the amenities to be included as part of the project along with aesthetic details, including recommended green solutions. Also discussed was the timeframe for acquisition of the necessary property. Van Milligen stated that acquisition could begin on July 1, 2005 (Fiscal Year 2006) and continue until construction begins, which is anticipated to be Fiscal Year 2009, with completion of the project in Fiscal Year 2013. Connors questioned how many of the properties to be purchased were owner-occupied versus rental properties. This information will be provided. There being no further business, Buol moved to adjoum. Seconded by Connors. Motion carried 4-0. The meeting adjourned at 7:23 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1t 12/22 2005 2005 Council Members ~ Regular Session, December 20, 2004 409 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 20, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl Members Michalski, Milligen, Mayor Duggan read the call and stated this is the 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 Mark Ressler, Pastor, St. Joseph the Worker Catholic Church. Proclamations: Appreciation to Bill Baum, retiring Economic Development Director; Appreciation to Jim Waller, County Supervisor. CONSENT ITEMS Minutes and Reports Submitted: Cable TV Regulatory Commission of 12/8; City Council of 12/6 and 12/13; Civil Service of 10/13; Environmental Stewardship Advisory Commission of 11/2 and 12/8; Human Rights Commission of 11/8; Park and Recreation Commission of 12/7; Zoning Advisory Commission of 12/1, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. City of Dubuque Financial Reports for the month ending November 30, 2004 (On file in the City Clerk's Office), presented and read. Buol moved that the reports be received and filed. Seconded by Nicholson. Motion carried 7-0. Proof of publication of City Council Proceedings of November 15, 2004 (On file in the City Clerk's Office), presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. Library Board of Trustees Update from Meeting of November 18, 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Paula Ann Kaufmann for personal injury; Karen S. Powers for personal injury; Randel J. Roy 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 Counsei advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Paula Ann Kaufmann for personal injury; Karen S. Powers 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 approval of the claim of Randel J. Roy for vehicle 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 to issue proper check. Seconded by Nicholson. Motion carried 7-0. Arts Funding: Communication from Melissa A. Hancock urging the City Council to approve $250,000 of general operating funds for Dubuque arts organizations, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Administrative Services Agreement with Express Scripts, Inc.: City Manager recommending approval of an Administrative Services Agreement between the City of Dubuque and Express Scripts, Inc. to provide management of the City's pharmacy benefits, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Purchase of Property - 695 West 32"' Street: City Manager recommending approval of the purchase of a residential dwelling located at 695 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 filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 473-04 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 695 WEST 32"0 STREET, IN THE CITY OF DUBUQUE 410 Regular Session, December 20, 2004 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 sixth property scheduled for acquisition. NOW, 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: Lots 5 and 5A in Fink's Subdivision in the City of Dubuque, Iowa according to the Plat thereof in Dubuque County, Iowa at the cost of Eighty- six thousand dollars ($86,000). 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 20th day of December, 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. Federal Legislative Priorities: City Manager recommending approval of the "City of Dubuque Federal Legislative Priorities," presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Flynn Addition - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1 and 2 of Flynn Addition located east of Schloth Road in Dubuque County, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 474-04 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 & 2 OF FLYNN ADDITION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a plat of survey of Lots 1 & 2 of Flynn Addition in Dubuque County, Iowa; and Whereas, said plat of survey has been examined by the Zoning Advisory Commission and its approval endorsed thereon; and Whereas, the survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the plat of survey of Lots 1 & 2 of Flynn Addition 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. Section 3. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19(b), Lots and Blocks. Passed, approved and adopted this 20th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Shot Tower - Save aUf His/ory Grant: City Manager recommending approval of a $10,000 Save aUf His/ory grant application for the Dubuque Shot Tower History Project, which is a collaborative historical research project of the Historic Preservation Commission and Central Alternative High School, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 475-04 RESOLUTION AUTHORIZING SUBMITTAL OF A SA VE OUR H/STORY GRANT APPLICATION FOR THE DUBUQUE SHOT TOWER HISTORY PROJECT Whereas, the History Channel has announced that the Save aUf His/ory National Grant Program has funds available for historical organizations that partner with educators on unique, rewarding projects that help students learn about and appreciate the history of their local communities; and Whereas, Central Alternative High School and the City's Historic Preservation Commission have agreed to collaborate on a historical research project for the Shot Tower concurrent with the City's restoration efforts, and then to make this information available to the general public; and Regular Session, December 20, 2004 Whereas, the Dubuque Shot Tower History Project is consistent with the Commission's mission and goals as listed in the City's Historic Preservation Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of a $10,000 grant application to the History Channel for the Dubuque Shot Tower History Project is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to submit the application for the Dubuque Shot Tower History Project on behalf of the City. Passed, approved and adopted this 20th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Mercy Medical Center Replacement Banners: City Manager recommending approval of a request from Mercy Medical Center to install 58 light pole banners using existing banner brackets previously approved by Council to recognize the nursing services credentials recently received, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Declaration of Restrictive Covenants: City Manager recommending approval of a Declaration of Restrictive Covenants for the Iowa Department of Natural Resources regarding lead contamination at the site of the new Municipal Services Center, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Request for Proposals - Interrelated Floodwall Pumping Station Improvements: City Manager recommending approval of the issuance of a Request for Proposals for architectural and engineering services for five interrelated floodwall pumping station improvement projects, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. E-Community Program: Communication from the Environmental Stewardship Advisory Commission recommending City Council endorsement of the E-Community Program on behalf of the City of Dubuque and an overview of the program submitted by Mark Henning, E- Community Dubuque Coordinator, presented 411 and read. Buol moved that the communication be received and filed and approved endorsement. Seconded by Nicholson. Motion carried 7-0. Housing Trust Fund Award: Communication from David Harris, Housing and Community Development Director, to Linda Wilson, Project Manager for Housing and Community Development, in appreciation of the $4,000 Fannie Mae contribution toward the operation of the City's Housing Trust Fund, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Tax Increment Financing Report: City Manager transmitting the 2004 summary report on the City's use of Tax Increment Financing to support economic development projects, presented and read. Buol moved that the communication and report be received and filed. Seconded by Nicholson. Motion carried 7-0. Delinquent Sewer Charges: City Manager recommending approval of the submission of delinquent sewer accounts to the DUbuque County Treasurer in order to establish real property liens for collection of such past due accounts, presented and read. RESOLUTION NO. 476-04 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WITH SECTION 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be certified as December 31" of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter named, owning the following described property, have unpaid sewer charges in the amount set out and that said charges are delinquent. NAME AND ADDRESS PROPERTY DESCRIPTION 412 Regular Session, December 20, 2004 AMOUNT Michael J. Schetgen 10-12-181-001 $281.10 3922 Inwood Ave Lot 53 & 54 Oneills North Dub Add J Foht 10-12-358-007 $306.58 723 Peru Rd Lot 20 Maple Leaf Add #2 Ricky J Hurst 10-12-177-005 $285.41 3975 Inwood Av Lot 39 & 40 Oneills North Dub Add Gary Bernhard 10-12-201-003 $281.65 1100 Roosevelt St Lot 4 Wersinger Sub Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general properly taxes as provided by law. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Delinquent Garbage and Refuse Collection Accounts: City Manager recommending approval of the submission of delinquent garbage and refuse accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts, presented and read. RESOLUTION NO. 477-04 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WITH SECTION 40-37 AND 40-38 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory; and Whereas, as of December 31", of each year, delinquent garbage and refuse collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the persons named hereinunder, owning the property thereby set forth, are delinquent in the payment of refuse collection NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Gary Bernhard 10-12-201-003 $130.03 1110 Roosevelt St Lot 4 Wersinger Sub Mark Krolich 10-12-356-004 $116.38 743 Louise St Lots 74 & 75 Maple Leaf Add #2 Michael J. Schetgen 10-12-181-001 $122.11 3922 Inwood Av Lot 53 & 54 Oneills North Dub Add J Foht 10-12-358-007 $126.07 723 Peru Rd Lot 20 Maple Leaf Add #2 Ricky J Hurst 10-12-177-005 $123.91 3975 Inwood Av Lot 39 & 40 Oneills North Dub Add Gary Bernhard 10-12-201-003 $122.74 1100 Roosevelt St Lot 4 Wersinger Sub Max Rettenberger Lot 2-2 SE SW Sec 29 5210 Olde Hwy Rd. $126.06 Section 2. That the City clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in; the same manner as general property taxes against the respective parcels of properly set opposite the names of the owners. Passed, approved and adopted this 20th day of December 2004 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Delinquent Storm Water Management Accounts: City Manager recommending approval of the submission of delinquent storm water management accounts to the Dubuque County Treasurer in order to establish real properly liens for collection of such past due accounts, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 478-04 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT STORM WATER MANAGE- MENT ACCOUNTS IN ACCORDANCE WITH SECTION 44-282 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-282 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with storm water management; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a Regular Session, December 20, 2004 413 lien upon the real property served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent storm water management charges shall be certified as of December 31" of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the sarne manner as, general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons hereinafter named, owing the following described property, have unpaid storm water management charges in the amount set out and that said charges are delinquent. NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Michael J. Schetgen 10-12-181-001 3922 Inwood Ave Lot 53 & 54 One ills North Dub Add $23.61 J Foht 10-12-358-007 723 Peru Rd Lot 20 Maple Leaf Add #2 $23.61 Ricky J Hurst 10-12-177-005 3975 Inwood Ave Lot 39 & 40 Oneills North Dub Add $23.61 Gary Bernhard 10-12-201-003 1100 Roosevelt St. Lot 4 Wersinger Sub. $22.62 Gary Bernhard 10-12-201-003 1110 Roosevelt St Lot 4 Wersinger Sub $23.61 Mark Krolich 10-12-356-004 743 Louise St Lots 74 & 75 Maple Leaf Add #2 $23.61 Max Rettenberger Lot 2-2 SE SW See 29 5210 Old Hwy Road $23.61 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of DUbuque County, Iowa, that the persons named herein are delinquent in the payment of storm water management charges in the amounts set forth above and that said deiinquent storm water management charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent storm water management charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 20'h day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ECIA Annual Report: East Central Intergovernmental Agency submitting the 2004 Annual Report, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Eagle Valley Subdivision: City Manager recommending approval of the rescinding of Resolution No. 386-04 due to a typographical error and re-approving the final plat of Lots 1-4 and Lots A-B of Block 5 of Eagle Valley Subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 479-04 A RESOLUTION RESCINDING RESOLUTION NO. 386-04, AND APPROVING THE FINAL PLAT OF LOTS 1-4, INCLUSIVE, AND LOTS A-B, INCLUSIVE OF BLOCK 5 OF EAGLE VALLEY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1-4, Inclusive, and Lots A-B, Inclusive, of Block 5 of Eagle Valley Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Golden Eagle Drive (Lot B), together with certain public utility easements, all in Eagle Valley Subdivision, which the owner, by said final plat, has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had here approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Golden Eagle Drive (Lot B), and the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat and the same are hereby accepted; and Section 2. That the final plat of Lots 1-4, Inclusive, and Lots A-B, Inclusive, of Block 5, 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 final plat, provided by the owners of said property herein named, execute their written acceptance attached hereto. 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 41-161 414 Regular Session, December 20, 2004 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will 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 plat. Section 4. The developer will maintain erosion control devices constructed in Block 5 of Eagle Valley Subdivision until it has been fully completed. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the city off Dubuque for the storm water detention facility (Lot G, Eagle Valley Subdivision) shall be assessed against the lot owners of Eagle Valley Subdivision, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. 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 the City Council Resolution. Section 6. That in the event Arnold van Etten and Fondell Excavating, Inc. fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 20th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 479-04 I, Arnold Van Etten, property owner, having read the terms and conditions of the foregoing Ordinance No. 479-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 6'h day of January, 2005. Isl Arnold Van Etten ACCEPTANCE OF ORDINANCE NO. 479-04 I, Mark Fondell, representing Fondell Excavating, Inc., having read the terms and conditions of the foregoing Ordinance No. 479- 04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Isl Mark Fondell Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Sanitation Driver, presented and read. December 14, 2004 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Sanitation Driver was given on November 18, 2004. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. SANITATION DRIVER Jared Welter Susan Davis Elvy Kennedy James Welty Jim Powers DaVon Higby Jason Beau Paula Welu Jacobs David Cole Raymond Behnke Brian Cortez Randy Ludowitz Respectfully submitted, Merle Duehr, Civil Service Chairperson Loras Kluesner Richard Wertzberger Civil Service Commissioners Buol moved that the Civil Service certification list for Sanitation Driver be received and filed and made a matter of record. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 480-04 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 Hy-Vee # 2 Inc Hy-Vee # 2+ (Sunday Sale) 2395 NW Arterial TFM CO. Oky Doky + (Sunday Sale) 2010 Kerper Blvd Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Regular Session, December 20, 2004 415 Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 481-04 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" BEER/LIQUOR LICENSE L & M Wharf Corp. Michael's Bar X + (Sunday Sale) 2616 Windsor Dolores Weber Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Bowling & Beyond DBQ Inc. Bowling & Beyond+ (Sunday/Outdoor Sale) 1860 Hawthorne Eric Vigen The Ave New+ (Sunday Sale) 1700 Central CLASS "B" WINE Hy-Vee # 2 Inc Hy-Vee # 2 2395 NW Arterial Passed, approved and adopted this 20th day of December, 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. ITEMS TO BE SET FOR PUBLIC HEARING Indian Room Rest Room Renovation Project: City Manager recommending initiation of the public bidding process for the Indian Room Rest Room Renovation Project and that a public hearing on the plans and specifications be set for February 7, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 482-04 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 Indian Room Rest Room Renovation Project, in the estimated amount of $35,900, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 20th day of December, 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. 483-04 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 Indian Room Rest Room Renovation Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of February, 2005, 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 20th day of December, 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. 484-04 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Indian Room Rest Room Renovation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and speCifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days 416 Regular Session, December 20, 2004 prior to the receipt of said bids at 2:00 p.m. on the 27th day of January, 2005. 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 7th day of February, 2005. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Commissions: Human Rights Commission (One Unexpired 3- Year Term through 1/1/07; Three 3-Year Terms through 1/1/07 - Terms of Murray, Oswald and Ross) Applicants: James Jarrard, Gary McAlpin, Lou Oswald, Bill Ross Michalski moved that James Jarrad be appointed to the unexpired three year term to expire 1/1/07. Seconded by Markham. Carried by the following vote: Yeas-Buol, Connors, Markham, Michalski. Nays-Cline, Duggan, Nicholson. Vote on the other three appointments was as follows: Buol voted for McAlpin, Oswald and Ross; Cline voted for McAlpin; Connors voted for McAlpin, Oswald and Ross; Duggan voted for McAlpin and Oswald, Markham voted for McAlpin, Oswald and Ross; Michalski voted for McAlpin, Oswald and Ross; Nicholson voted for McAlpin. Therefore, Gary McAlpin appointed and Lou Oswald and Bill Ross reappointed to three year terms to expire 1/1/08. Arts and Cultural Affairs Commission: (1) Four Three-Year Terms through 6/30/07 - Arts Knowledgellnterest (2) Two Two-Year Terms through 6/30/06 - Business/Professional (One Applicant Must L1velWork Within District) (3) One Two-Year Term through 6/30/06 - At Large Applicants - Arts Knowledge/Interest: Ken Bichell, Catherine Goodman, Richard Hall, Ellen Henkels, Louise Kames, Jane Kenworthy, Paul Kohl, loana Mamali, Michele McKinlay, Gene Perry, Susan Riedel, John Tilton, Mark Wahlert, Vincent Williams, John Woodin Vote on appointments for four terms for Arts Knowledgellnterest: Buol voted for Hall, Kenworthy, Riedel and Wahlert; Cline voted for Hall, Kenworthy, Kohl and Mamali; Connors voted for Kames, Kohl, Riedel and Woodin; Duggan voted for Kohl, Mamali, Riedel and Wahlert; Markham voted for Hall, Kenworthy, Riedel and Wahlert; Michalski voted for Henkels, Riedel, Wahlert and Woodin; Nicholson voted for Henkels, Riedel, Wahlert and Woodin. Therefore, on the first vote, Susan Riedel and Mark Wahlert were appointed. Applicants (second highest vote getters) for the second vote - Hall, Kenworthy, Kohl and Woodin: Buol voted for Hall and Kenworthy; Cline voted for Hall and Kenworthy; Connors voted for Kenworthy and Kohl; Duggan voted for Kenworthy and Kohl; Markham voted for Hall and Kenworthy; Michalski voted for Kenworthy and Woodin; Nicholson voted for Kohl & Woodin. Therefore, Jane Kenworthy appointed as an Arts InteresUKnowledge representative to the Commission. Third vote applicants: Hall, Kohl. Buol voted for Hall; Cline voted for Hall, Connors voted for Kohl; Duggan voted for Kohl; Markham voted for Hall; Michalski voted for Kohl; Nicholson voted for Kohl. Therefore, Paul Kohl appointed as an Arts InteresUKnowledge representative to the Commission. Jane Kenworthy, Paul Kohl, Susan Riedel and Mark Wahlert were appointed to three year terms on the Arts and Cultural Affairs Committee to represent the Arts Knowledge/Interest. Applicants - Business/Professional (One Applicant Must L1velWork Inside District): Inside District: Mirdza Berzins, William Intriligator, Louise Kames, Amy Link, John Tilton Vote on the Business/Professional - Inside District was as follows: Buol voted for Link; Cline voted for Link, Connors voted for Link; Duggan voted for Intrilligator; Markham voted for Intrilligator; Michalski voted for Intrilligator; Nicholson voted for Link. Therefore, Amy Link appointed to represent the Business / Professional who works inside the District. Outside District Applicants: Catherine Goodman, Jim Grady, Ellen Henkels, Cheryl Jacobsen, David Kessler, Karen Ridings plus the other non-appointed applicants from inside the district: Vote on the appointment was as follows: Buol voted for Goodman, Cline voted for Kessler, Connors voted for Kames; Duggan voted for Kessler; Markham voted for Kessler; Michalski voted for Intrilligator; Nicholson voted for Intrilligator; There being no majority there was another vote of the top vote getters of Intrilligator and Kessler. Vote was as follows: Buol voted for Intrilligator; Cline voted for Kessler; Connors voted for Intrilligator; Duggan voted for Kessler; Markham voted for Kessler; Michalski voted for Intrilligator; Nicholson voted for Intrilligator. Therefore, William Intrilligator was appointed to Regular Session, December 20, 2004 417 represent the Business/Professional outside the district. Applicants - At Large: Rebecca Fabricius, Catherine Goodman, Jim Grady, Ellen Henkels, Louise Kames, David Kessler, Susan Riedel, John Tilton Vote on the appointment was as follows: Buol voted for Tilton; Cline voted for Kames; Connors voted for Fabricius; Duggan voted for Fabricius; Markham voted for Fabricius; Michalski voted for Fabricius; Nicholson voted for Fabricius. Therefore Rebecca Fabricius was appointed to represent At Large on the Arts & Cultural Affairs Commission. PUBLIC HEARINGS Michaiski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. Radford Road and Radford Court - PUD Amendment: Proof of pubiication on notice of hearing to consider amending the PC Planned Commercial District on the northeast corner of Radford Road and Radford Court, to include indoor restaurants and drive-in/carry-out restaurants at the request of Wayne Briggs/Radford Road Real Estate LLC, and Zoning Advisory Commission recommending approval; communication from Brian J. Kane, representing Radford Road Real Estate, LLC, in support of the rezoning request and responding to concerns expressed in the communication from Daie Lass; and communication from Dale Lass, 2945 Kristen Court and appointed Principal of the new west end middie school, in opposition to the proposed PC Planned Commercial District amendment, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Markham. Motion carried 7-0. Attorney Brian Kane, representing Radford Road Real Estate, LLC, spoke in support of the requested rezoning. Dale Lass, 2945 Kristen Ct., as Principal of the new Eleanor Roosevelt Middle School, spoke in opposition to the proposed rezoning, stating it could become an attractive area for the students to congregate after school. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for hereinafter described property located at the northeast corner of Radford Road and Radford Court to amend Ordinance #86-02 that established a PUD Planned Unit Development District with a PC Planned Commercial District designation, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 82-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES FOR HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHEAST CORNER OF RADFORD ROAD AND RADFORD COURT TO AMEND ORDINANCE 86-02 THAT ESTABLISHED A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. 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 providing for the amendment of Ordinance 86-02 which adopted regulations for a PUD Planned Unit Development district with a PC Planned Commercial District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions, as stated below, to wit: Lot D, Block 11 Sunny Slope Estates, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5(1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: Use Reaulations The following regulations shall apply to all land uses in the above-described PUD District. Principal permitted uses of the lots designated for commercial development shall be limited to: Residential sues above the first floor only - [6] General offices - [14] Medical/office/clinic - [36J Indoor restaurant - [20] Drive-in/carry-out restaurant - [28] Dental medical lab - [8] Schools of private instruction - [4] Barber/beauty shops - [16] Retail sales/services - [17] Laundry/dry cleaner - [19] Shoe repair - [18] Tailoring/alterations - [18] Catalog center - [23] Laundromat - [22J Artist studio - [5] Photographic studio - [23] Neighborhood shopping center - [17] Furniture/home furnishings - [27] 418 Regular Session, December 20, 2004 Appliance sales and service - [27] Office supply - [19] Vending/game machines sales and service - [19] Mail order houses - [23] Auto parts/supply - [17] Vehicle rental- [47] Upholstery shop - [42] Contractor shop/yard - [33] Wholesale sales/distributor - [29] Miniwarehousing - [47] Refrigeration equipment and supply, sales and service -[10] Landscaping services - [29] Animal hospital/clinic - [23] Personal services - [14J Automated gas station - [18] Gas station - [21] Service station - [21] Bakery (wholesale/commercial) - [19] Drive-up automated bank teller - [8] Self-service car wash - [8] Full-service car wash - [8] Animal hospital/clinic - [28] Furniture upholstery repair - [18] Business services - [29] Banks, savings and loans, and credit unions - [31] Indoor recreation facilities - [37] Printing and publishing - [32] Laboratories for research or engineering - [33] Group daycare center provided that: Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; That parking group requirements can be met [8]; Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; All licenses have been issued or have been applied for awaiting the outcome of the Boards' decision; Signage for a single-family home shall be limited to one non-illuminated, wall-mounted sign, not to exceed four (4) square feet in area; and No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or facility selling, servicing, repairing or renting vehicles. 2. Accessory uses shall include any use customarily incidental and subordinate to the principle use it serves. [ ] Parking group - see Section 4-2 of the Zoning Ordinance. Lot and Bulk Reaulations Development of land in the PUD District shall be regulated as follows: All buildings and structures located on lots designated for commercial development shall meet bulk regulations set forth in the Zoning Ordinance for the C-2 Neighborhood Shopping Center, Section 3-3.2(F). 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: Indoor restaurants and drive-in/carry-out restaurants are restricted to the north 1.3 acres of the Planned Commercial District. Public streets within the Planned Unit Development District shall be designed and built to City Engineering specifications. Erosion control shall be provided during all phases of construction. Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. Storm water detention facilities will be provided as per City Engineering requirements. Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 72-degree angle to a vertical light standard. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction of any buildings. Screening shall be placed along the boundary of the residential district as per City standards. Outdoor storage must be screened to a height that obscures the stored material from adjacent residential property, but in no case shall screening be less than six (6) feet in height. Open Spaces and Landscapina Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owners and/or association. Sian Reaulations Signs in the PUD District shall be regulated as follows: Sign age shall be regulated by the C-2 Neighborhood Shopping Center District sign regulations of Section 4-3.11 of the Zoning Ordinance. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the Regular Session, December 20, 2004 conditions authorizing the establishment of the PUD District. Reclassification of Subiect Prooertv The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the C-2 Neighborhood Shopping Center District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. 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. Recordino A copy of this ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of December, 2004. /s/ Terrance M. Duggan, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF ORDINANCE NO. 82-04 I, Wayne A. Briggs, representing Radford Road Real Estate, L.L.C., property owner, having read the terms and conditions of the foregoing Ordinance No. 82-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 23"' day of December, 2004. /s/ Wayne A. Briggs Published officially in the Telegraph Herald Newspaper the 10th day of January, 2005. Is/Jeanne F. Schneider, CMC, City Clerk 11 1/10 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 Markham. Motion carried 7-0. Dubuque Industrial Center West - PUD Amendment: Proof of publication on notice of hearing to consider amending the PUD Planned Unit Development District to provide for expansion of the Dubuque Industrial Center West as requested by the City of Dubuque and the Zoning Advisory Commission recommending denial; City Manager advising that the City has been awarded $1.26 million by the Iowa 419 Department of Transportation Commission from their Revitalize Iowa's Sound Economy (RISE) program to assist with the extension of Chavenelle Road; communication from Dianne and Douglas Fritsch, 14238 Middle Road, in opposition to the proposed expansion of the Dubuque Industrial Center West, presented and read. Attorney Tom Bitter, representing the residents of Middle Road, spoke in opposition to the proposed ordinance. Elaine White of 1466 Middle Road, Jane Steffen of 14480 Middle Road, Alan Lex of 14512 Middle Road, Douglas Fritsch of 14238 Middle Road, and Joseph Behnke, of 14078 Middle Road, all spoke objecting to the proposed rezoning, citing drastically reduced property values for their properties. Rick Dickinson, Executive Director of Greater Dubuque Development Corporation, spoke of the need for industrial development expansion and urged adoption of the Ordinance, citing loss of development momentum and denial of the needed RISE grant if the Ordinance is not adopted. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances amending Ordinances No. #14-98 and No. #07-01 by reclassifying hereinafter described property located east of Seippel Road and south of Middle Road from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industriai District designation and adopting an amended Conceptual Development Plan, with conditions, for the Dubuque Industrial Center West, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 83-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES AMENDING ORDINANCES NO. 14-98 AND NO. 07-02 BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF SEIPPEL ROAD AND SOUTH OF MIDDLE ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE INDUSTRIAL CENTER WEST. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances Is hereby amended by reclassifying the hereinafter 420 Regular Session, December 20, 2004 described property from AG District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting an amended conceptual development plan, a copy of which is attached to and made a part hereof, with conditions for the Dubuque Industrial Center West as stated below, to wit: Lot H and Lot J in Dubuque Industrial Center West Third Addition, Lot 1 of Lot 1 of the NW X of the NE X; the SW X of the NE X; Lot 1 of the east 10 acres of the NE X of the NW X; the west 30 acres of the NE X of the NW X; Lot 1 of Lot 1 of the SE X of the NW X; Lot 2 of the Lot 1 of the SE X of the SW X; Lot 2 of the SW X of the W X, all in Section 30, Township 89 North, Range 2 east of the 5th P.m., all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned property owner agree to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Definitions 1. Building Related Features Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle-Related Features Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside of the building. e) Parking spaces for company-owned commercial vehicles. f) Fire lanes. g) Railroad tracks. 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscaped space containing lawn areas and plantings. b) Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c) Surface storm water detention areas not otherwise used for building-related or vehicle- related purposes. d) Open recreation areas and recreational trail. e) Other non-building and non-vehicular related space. B) Use Reaulations. The following regulations shall apply to all uses made of land in the above-described PUD District: Zone A: General Purpose and Description. Zone A is intended to provide for a limited amount of commercial development that will serve industrial park employees with daily commercial and service needs. The development of Zone A shall resemble a small shopping center with shared access, parking and signage to promote a unified commercial appearance. Exterior storage is prohibited. 1) Principal permitted uses shall be limited to: a) Public or quasi-public utilities including substations-[47]. b) Business services-[29]. c) Gas stationlconveniencelcar wash-[17] and [18]. d) Laundryldry cleaner-[19]. e) Indoor restaurant-[30j. f) Drive-in/carry-out restaurant-[28]. g) Drive-up automated bank teller-[8]. h) Banks, savings and loans, and credit unions-[31j. i) Group day care center-[8]. [ ] Parking group - see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principal use it serves.4) Temporary uses shall be limited to the following:Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, office uses and business services. Exterior storage is prohibited. 1) Principal permitted uses shall be limited to: Regular Session, December 20, 2004 421 a) Railroads and public or quasi-public utilities -[47]. b) Corporate offices -[14]. c) Medicalldentai lab-[8]. d) Mail-order houses-[23]. e) Printing and publishing-[32]. f) Laboratories for research and engineering- [33J. g) Wholesale sales/distributor-[29J. h) Vending/game machine sales/service- [19]. i) Cold storagenocker plants-[15]. j) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses-[33]. k) Tool, die, and pattern making-[33]. I) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-[33]). m) Warehousing and storage facilities, not to include mini-warehouses-[33]. n) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings-[33]. [ ] Parking Group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary officelindustrial building or as an accessory structure on the same lot. Day care centers are subject to state and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State code; 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, barltavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met-[8]; 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and heaith hazards presented by such substances. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary officelindustrial building, selling products produced on-site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone C: General Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, and office uses. Exterior storage is allowed with restrictions, and must be screened from view from both the public right-of-way and surrounding privately owned property. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi-public utilities -[47]. b) Corporate offices -[14]. c) Medicalldentallab-[8]. d) Mail-order houses-[23]. e) Printing and publishing-[32]. f) Laboratories for research and engineering- [33]. g) Moving/storage facilities-[33]. h) Wholesale sales/distributor-[29]. i) Freight transfer facilities-[44]. j) Vending/game machine sales/service-[19]. k) Cold storagellocker plants-[15]. I) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses-[33]. m) Tool, die, and pattern making-[33]. 422 Regular Session, December 20, 2004 n) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-[33]). 0) Warehousing and storage facilities, not to include mini-warehouses-[33]. p) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings-[33]. [ J Parking Group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State code; 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met-[8]; 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 302.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from publiC right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi-public utilities -[47]. b) Corporate offices -[14J. c) Mail Order houses -[23]. d) Printing and publishing-[32]. e) Laboratories for research and engineering-[33]. f) Moving/storage facilities-[33] g) Wholesale sales/distributor-[29]. h) Freight transfer facilities-[44J. i) Fuel and ice dealers-[33J. j) Cold storage/locker plants-[15]. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses-[33]. I) Compounding, processing and packaging of chemical products-[33]. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-[33]). n) Warehousing and storage facilities, not to include mini-warehouses-[33]. 0) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials -[33J. [ ] Parking Group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; Regular Session, December 20, 2004 423 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State code; 4) Such facility shall provide for the ioading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met-[8J; 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for So long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 302.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone E: General Purpose and Description: Zone E is intended to provide a location for businesses that require exterior handling or storage of materials or equipment. Exterior handling or storage is allowed, except along Seippel Road, where it is prohibited. 1) Principal permitted uses shall be limited to: a) Public or quasi-public utilities -[47]. b) Corporate offices -[14]. c) Mail-order houses-[23]. d) Printing and publishing-[32]. e) Laboratories for research and engineering-[33]. f) Moving/storage facilities - [33J g) Wholesale sales/distributor-[29]. h) Freight transfer facilities-[44J i) Fuel and ice dealers-[33] j) Cold storage/locker plants-[15]. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses-[33]. I) Compounding, processing and packaging of chemical products-[33]. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-[33]). n) Warehousing and storage facilities, not to include mini-warehouses -[33]. 0) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings-[33]. p) Contractors shop/yard-[33J q) Recycling industries entirely within enclosed buildings with no outdoor storage-[44] r) Timber processing-[44] [ J Parking group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on-site and only as accessory to the principal use it serves. b) Any use customarily incidental or subordinate to the principle use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone 0: General Purpose and Description. Zone 0 is intended to serve as an amenity to the industrial park, providing an open space area and control of storm water to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi-public utilities-[47] 424 Regular Session, December 20, 2004 b) Parks, nature areas, playgrounds and similar recreational uses-[47] c) Picnic areas-[47] d) Recreational trails-[47] e) Club houses, shelter houses, tennis courts, or playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds, recreational facilities-[47] f) Construction of dams, reservoirs, or detention ponds-[N/AJ 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses reserved for future use. C. Lot and Bulk Reaulations. Development of land in Zones A, B, C, D, E and o shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3- 5.5 of the Zoning Ordinance. 2) All buildings related features in Zones A, B, C, D, E and 0 shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Yard Rear Yard Building Lot area Frontage Yard Setback Setback Height In Acres Minimum Setback Minimum Minimum Maximum Feet Minimum Feet Feet Feet Feet Zone A Yo acre 100 20 10. 20 30 Zone B 2 acres 100 50 10 25 50 Zone C 2 acres 100 50 25 25 75 Zone D 2 acres 100 50 25 50 100 Zone E 2 acres 100 50 10 25 50 Zone 0 N/A N/A N/A N/A N/A N/A *0 foot side yard setbacks from property lines shall be pennitted for attached buildings. Regular Session, December 20, 2004 425 a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi- public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation, except in Zone A where 30 feet maximum height includes HVAC equipment. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 50% into a required front yard setback. D. Parkina and Loadina Reaulations 1) All vehicle-related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Zoning Ordinance and City standards. 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. Access shall generally be limited to internal streets. 6) No on street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving of raw and manufactured goods shali be designed to provide for the direct movement of goods between the deliver vehicle and the interior of the building. E. Sian Reaulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2) Off-Premise Signs: Off-premise signs shall be prohibited. 3) On-Premise Signs: On-premise signs shall be erected or constructed in accordance with the following regulations. a) Allowable content: signs, messages and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center West Entrance signs Directory sign 2) Company Primary signs: limited to identification of uses in Zones B, C, D and E . Identification of company name Identification of company products or services by generic name only Graphic symbol or logo identified with the company 3) Commercial Primary signs: limited to identification of uses in Zone A Identification of business name Identification of business products or services by generic names only Graphic symbol or logo identified with the business 4) Secondary signs: allowable in all zones Street address Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot Identification of visitor entrances to the building, shipping and receiving docks and other delivery pOints Identification of assigned parking spaces and parking spaces accessible to persons with disabilities Temporary announcements of pending or new construction Commemorative messages b. Schedule of sign regulations: allowable structural type, size, number and height shall be limited to the following requirements. 426 Regular Session, December 20, 2004 Type of Sign Maximum Size Maximum Number Allowable Maximum Structure Height* TVDe Industrial Center 200 square feet per sign Six (6) signs Monument 12 feet Entrance Sions face Industrial Center 30 square feet per sign Three (3) signs Monument 8 feet Directorv Sions face Company 10% of building wall sign 2 signs per street Wall- Below eave Primary Signs is mounted on or 400 frontage per mounted or parapet total square feet of sign business area whichever is less. 150 square feet per sign 1 sign per business Monument 10 feet face restricted to interior street frontages . . onlv. Commercial 100 square feet per s\gn 2 signs per Wall- Below eave Primary Signs face business provided mounted or parapet only 1 sign may be Monument 10 feet a monument-style sion Secondary ,l?igns 6 square feet per sign No maximum Wall- Below eave face num ber mounted or parapet Monument 6 feet . . .. - "The height of monument-style signs shall be opaque or translucent materials, or internally measured from average grade to top of sign illuminated by means of a light source structures. completely enclosed by the sign panel. c) Variances: Variances from sign requirements e) Motion: No signs may Include any device or for size, number and height may be requested. means, mechanical, electrical or natural, which Such variances shall be reviewed by the shall cause any motion of the sign panel or any Zoning Soard of Adjustment in accordance with part thereof. No flashing lights or changing Section 5 of the Zoning Ordinance. colors shall be allowed. d) Lighting: Signs may be illuminated only by F. Exterior Storaoe Reoulations means of indirect lighting, whereby all light Exterior storage shall be in accordance with the sources and devices are shielded from view by following reguiations: Allowable Allowable Allowable Screening Minimum Maximum Products Location Materials Opacity Height of Stored Screening Zone A PROHIBITED Zone B PROHIBITED Zone C Finished Rear or Synthetic materials, wood, 50% 10 feet Goods side yards masonry, brick or stone similar to buildinQ color Zone D Raw or Rear or Similar to building color 50% 12 feet finished side yards goods; eQuipment Zone E* Raw of Rear or Similar to building color 100% 15 feet finished side yards goods; eQuioment Zone 0 PROHIBITED .Exterior storage is prohibited on lots fronting Seippel Road. Regular Session, December 20, 2004 427 *Exterior storage is prohibited on lots fronting Seippel Road, 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard, A front yard may exceed required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building-related feature for purposes of calculating total land area coverage. 4) Exterior storage (where allowed) must be screened from view from adjacent publiC right- of-way, In Zone C exterior storage must be screened from both the publiC right-of-way and surrounding privately owned property. 5) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. 8) All exterior entrances to a screened storage area shall be provided with a gate or door of simiiar design to that of the screen, 9) Long-term storage of products or materials in semi-trailers or shipping containers is prohibited. G. Exterior Trash Collection Area Reauirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash, Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building-related feature for purposes of caiculating total land area coverages. 4) Exterior trash collection areas shall be iocated in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard, A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from the adjacent publiC right-of-way within five (5) years. H. Landscaoina Reaulations The following Landscape Regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque street tree policy. Existing trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center West shall be one (1) tree of the following size per 1,600 square feet of required open space : 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 Y, - 2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District, shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 428 Regular Session, December 20, 2004 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot isiands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road andlor Chavanelle Road shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along said streets. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. 8) The lot owner is required to replant any and all plant materials, which have died due to any cause during the effective period of this PUD Ordinance. 9) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 10) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 11) Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. I. 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) Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: a) Exterior Illumination of site features shall be limited to the illumination of the following: Parking areas, driveways and loading facilities Pedestrian walkway surfaces and entrances to building Screened storage areas Building exterior b) Location and design of site lighting shall be in accordance with the following requirements: All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0-foot candle. All exterior lighting iuminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. Wooden utility type poles are acceptable only for temporary use during construction. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2) Utility Locations: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements. a) Service Lines: All electrical, telephone cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical Equipment: All ground- mounted electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment shall be screened from view. Screening may consist of plantings or masonry walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a masonry wall shall appear to be an integral part of the building's overall architectural design. 3) Site Plans: Final site development pians shall be submitted in accordance with Section 4- 4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances. Regular Session, December 20, 2004 429 6) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 7) Street Lighting: Streetlights shall be installed in accordance with City of Dubuque standards. 8) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Section 3-5.3 of the Zoning Ordinance. g) Phased construction of Buildings and Parking Spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at anyone time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 10) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. J.Open Space and Recreational Areas Those areas not designated on the conceptual development plan as "open" shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. K. Transfer of Ownership Transfer of ownership or lease of property in this 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. L. 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. M. Recordino. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of DUbuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28'h day of December, 2004. Jeanne F. Schneider, City Clerk 11 12/28 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 Markham. Motion carried 7-0. Council, by consensus, directed that staff work with the affected property owners. Historic Preservation Revolving Loan Fund - $200,000 General Obligation Capital Loan Note: Proof of publication on notice of hearing to consider approval of an offer by Premier Bank to provide $200,000 to the City for ten years, interest free, for the Historic Preservation Revolving Loan Fund, financed with a $200,000 General Obligation Capital Loan Note and City Manager recommending approval, presented and read. RESOLUTION NO. 485-04 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES 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 authorization of a Loan Agreement and the issuance of $200,000 General Obligation Capital Loan Notes, for a general corporate purpose, for the purpose of paying costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects, and no petition was filed calling for a referendum thereon. 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 take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $200,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose. 430 Regular Session, December 20, 2004 Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 486-04 RESOLUTION APPROVING AND AUTHOR- IZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE, AND LEVYING A TAX TO PAY THE NOTE WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects, a general corporate purpose, and It is deemed necessary and advisable that its General Obligation Capital Loan Note in the amount of $200,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Sections 384.24, 384.24A, 384.25 and 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the authorization to enter into a loan agreement and the issuance of Notes for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: , "Issuer" and "City" shall mean the City of Dubuque, Iowa. , "Loan Agreement" shall mean a Loan Agreement between the Issuer and the Original Purchaser in substantially the form attached to and approved by this Resolution. , "Note Fund" shall mean the fund required to be established by Section 4 of this Resolution. , "Notes" or "Note" shall mean the $200,000 General Obligation Capital Loan Note, In substantially the form attached to and authorized to be issued by this Resolution. , "Original Purchaser" shall mean Premier Bank, Dubuque, Iowa. ,"Paying Agent" shall mean the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of the Notes as the same shall become due. , "Project" shall mean the costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. , "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Notes. , "Registra~' shall mean the City Treasurer of Dubuque, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless othelWise specified, the Registrar shall also act as Transfer Agent for the Notes. ,"Resolution" shall mean this resolution authorizing the issuance of the Notes. , "Treasure~' shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. Section 2. Loan Aoreement and Note. The forms of Loan Agreement and Note in substantially the form attached to this Resolution are hereby approved and are authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Upon execution, the Loan Agreement and Note shall be delivered to the Original Purchaser in exchange for the principal amount thereof. Section 3. Levv and Certification of Annual Tax: Other Funds to be Used. (a) Levv of Annual Tax. That for the purpose of providing funds to pay the principal of the Notes hereinafter authorized to be issued, there shall be levied in the Debt Service Fund for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $200,000 2014/2015 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2004. will be collected during the fiscal year commencing July 1,2005). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the County Auditor of Dubuque County, Iowa, and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 3 of Regular Session, December 20, 2004 this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal on said Notes issued in anticipation of the tax, and for no other purpose whatsoever. (c) Additional Citv Funds Available. Principai coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND 2004 No. ONE" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal on the Notes hereinafter authorized to be issued. Section 5. Aoolication of Note Proceeds. Proceeds of the Notes shall be credited to the Project Fund and expended only for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2003 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2003, as amended or othelWise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of the Notes as herein provided. 431 Section 7. Note Details. Execution and Redemotion. (a) Note Details. The Loan Agreement and Note of the City in the principal amount of $200,000 shall be issued pursuant to the provisions of Section 384.24A and 384.26(5) of the City Code of Iowa for the aforesaid purposes. The Note and Loan Agreement shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City. The Note shall be fully registered as provided in this Resolution; principal shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Note shall be issued as a single Note in the form attached hereto, in the principal amount described herein, and shall mature on January 1, 2015 (or on such later date as may be acceptable to the Original Purchaser and set forth therein). No interest shall accrue on the Note or the Loan Agreement. (b) Redemotion. The Note is subject to redemption prior to maturity by the Issuer and may be paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, as provided in the Note. The terms of redemption shall be par. Section 8. Reaistration of Notes: Aooointment of Reaistrar: Transfer: Ownershio: Deliverv: and Cancellation. (a) Reaistration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The City Treasurer is hereby appointed as Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the 432 Regular Session, December 20, 2004 Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and maturing on the same date or dates shall be delivered by the Registrar. (c) Reaistration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownershio. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, to the extent of the sum or sums So paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 9. Record Date. Payments of principal, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Final payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 10. Riaht to Name Substitute Pavina Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered note holder. Section 11. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Note, and after the issuance of the Note no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except with the consent of the Original Purchaser or other registered holder of the Note, until such time as the Note shall have been satisfied and discharged as provided in this Resolution. Section 12. Severabilitv. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 13. Reoeal of Conflictina Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed, approved and adopted this 20'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Park Maintenance Headquarters Roofing Project: Proofs of publication on notice of hearing on plans and specifications for the Park Maintenance Headquarters Roofing Project and City Manager recommending award of the contract to Stumpf Construction in the amount of $44,510, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Regular Session, December 20, 2004 433 RESOLUTION NO. 487-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1 st day of November, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Park Maintenance Roof Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of December, 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, 488-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Park Maintenance Roof Project pursuant to Resolution No. 411-04, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 5th day of November, 2004. Whereas, said sealed proposals were opened and read on the 9th day of December, 2004, and it has been determined that the bid of Stumpf Construction in the amount of $44,510 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Stumpf Construction, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contracto~s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, 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 Petition for Public Skating Sessions: Loras Kluesner to present a petition to City Council requesting that public ice skating at the Five Flags Civic Center be provided on Saturday and Sunday afternoons for the remainder of the season, presented and read. Nicholson moved that the petition be received and filed and referred to Staff to investigate and look at expanded hours. Seconded by Michalski. Motion carried 7-0. Loras Kluesner, 440 Maplewood, spoke explaining that these were the same hours previously available and requested that the hours be reinstated for the remainder of the season. Eagle Point Bluff Stabilization - Request for Proposals: City Manager recommending approval to release a Request for Proposal for qualified consulting/engineering firms for the Eagle Point Bluff Study, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 7-0. Michaiski stressed that the City is requesting the best solution/answer to the problem. Cedar Ridge Farm Place No. 7 - Final Plat: City Manager recommending approval of the final plat of Cedar Ridge Farm Place NO.7 being developed by Nemmers Cedar Ridge Farm, LLC, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 489-04 A RESOLUTION APPROVING THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO.7 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Cedar Ridge Farm Place No. 7 in the City of Dubuque, Iowa: and Whereas, upon said final plat appears a street to be known as Cedar Ridge Court (Lot A), together with certain public utility and sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and 434 Regular Session, December 20, 2004 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 Cedar Crest Court (Lot A) , together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the plat of Cedar Ridge Farm Place No. 7 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 final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Cedar Crest Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque Standard Specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c.To dedicate a storm water detention facility in a manner acceptable to the City Engineer as part of a future final plat in accordance with the site grading improvement plans dated May 25, 2004 and in compliance with City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. d. To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owner, or future owner. d. To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owner, or future owner. And further provided that said Nemmers Cedar Ridge Farm Limited Partnership, 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. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will 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 plat. Section 4. The undersigned owner hereby agrees to continue to maintain the detention facility until all of the following has been compiled with: a. The detention basin has been fully completed. b. 80% of Lot B and subdivision thereof have been developed c. Adequate erosion control measures, as approved by the City, have been installed on the remaining 20% of said Lot B. Section 5. Upon the City's acceptance of the detention facility, the undersigned owner hereby agrees that periodic inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility shall be assessed against Lot B and all subdivisions of Lot B in proportion to the acreage of each lot as a percentage of the acreage in the subdivision. Such costs will be dependent upon the condition of the facility. The City Manager shall certify such costs to the City Clerk, who in turn shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. 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. Section 7. That in the event Nemmers Cedar Ridge Farm Limited Partnership shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 20th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 489-04 Regular Session, December 20, 2004 435 I, the undersigned, Julian Nemmers, representing Nemmers Cedar Ridge Farm Limited Partnership, having read the terms and conditions of the Resolution No. 489-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 27th day of December, 2004. /s/ Julian Nemmers Nemmers Cedar Ridge Farm Limited Partnership Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0 with Duggan temporarily out of the room. Community Economic Betterment Account (CEBA) Application: City Manager recommending approval of an application for Community Economic Better Account (CEBA) funds to assist Prudential in an expansion project to add sixty-nine new full-time positions within the next three years, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 490-04 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTER- MENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF PRUDENTIAL RETIREMENT INSURANCE & ANNUITY COMPANY Whereas, PRUDENTIAL RETIREMENT INSURANCE & ANNUITY COMPANY has proposed the expansion of its existing operations; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of over 69 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account 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 participation in the Iowa Community Economic Betterment Account program on behalf of Prudential Retirement Insurance & Annuity Company is approved. Section 2. That a local match of $62,000 be provided by the City of Dubuque as a loan to the company, subject to the approval and execution of a formal loan agreement. Section 3. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 20th day of December 2004. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0 with Duggan clarifying he will abstain from the vote when the application is considered by the Iowa Department of Economic Development Board of Directors, of which he is a member. Outdoor Storage Regulations: City Manager recommending approval of the prohibition of exterior commercial storage containers effective July 1, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Chapter 11 Building and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Article VII. Exterior Storage Containers prohibiting the use of exterior storage containers, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 84-04 AMENDING CHAPTER 11 BUILDING AND BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII. EXTERIOR STORAGE CONTAINERS PROHIBITING THE USE OF EXTERIOR STORAGE CONTAINERS WHEREAS, the City Council of the City of Dubuque finds that storage containers used for the exterior storage of materials, inventory or equipment constitute an eyesore to the community; and WHEREAS, the City Council finds that storage containers constitute a threat to public health and safety because their location may and do block or prevent proper access to buildings and building exits, emergency exists, fire connections to sprinkler systems and utility disconnects; and WHEREAS, The City Council finds that storage containers constitute a threat to public health and safety because they may and do contain unknown and sometime hazardous contents; and WHEREAS, the City Council finds that storage containers may be and are converted into permanent structures without any practical 436 Regular Session, December 20, 2004 means of complying with building and fire code requirements. NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE VII. EXTERIOR STORAGE CONTAINERS PROHIBITED Section 11-83. Exterior Storage Containers Prohibited: (a) For purposes of this article, storage container means any receptacle designed, built or intended to be used for the shipment, transportation or storage of goods. (b) The use of storage containers for the exterior storage of materials, inventory or equipment is hereby prohibited. This prohibition shall not apply to a truck trailer or semi-trailer while it is actively being used for the transportation of materials, inventory or equipment and is temporarily located adjacent to a loading dock. (c) Notwithstanding subparagraph (b), a storage container may be used as a construction site trailer but only during construction on the site. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of December, 2004. Jeanne F. Schneider, City Clerk 1t 12/28 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Bee Branch Creek Restoration Design Standards: City Manager recommending approval of the proposed Bee Branch Creek Restoration Design Standards, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 491-04 APPROVING THE ENTIRE ALIGNMENT OF THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, approving the establishment of the entire alignment of the Bee Branch Creek Restoration Project in the City of Dubuque; and Whereas, the City Council deems that it is in the best interest of the City to adopt the entire alignment of the Bee Branch Creek Restoration Project as outlined in Figure 5-6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached alignment of the Bee Branch Creek Restoration Project, as outlined in Figure 5-6, be approved. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Buol moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 492-04 APPROVING THE DESIGN ELEMENTS AND CONCEPTS AS OUTLINED BY THE PRELIMINARY DESIGN FOR THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, approving the design elements and concepts as outlined by the preliminary design for the Bee Branch Creek Restoration Project in the City of Dubuque; and Whereas, the City Council deems that it is in the best interest of the City to approve the design elements and concepts as outlined by the preliminary design of the Bee Branch Creek Restoration Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The design elements and concepts as outlined by the preliminary design of the Bee Branch Creek Restoration Project be approved. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Cline and Markham stressed addressing concerns in Wayne Klostermann's letter. An Ordinance Repealing Ordinance No. 50-04 and amending the City of Dubuque Code of Ordinances, Chapter 11 Buildings and Building Regulations by adding a new Section 11-58.5 Adopting a moratorium on the issuance of building permits for commercial and new residential construction in the Bee Branch Creek Restoration Alignment Study area, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 85-04 Regular Session, December 20, 2004 437 REPEALING ORDINANCE NO. 50-04 AND AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 11 BUILDINGS AND BUILDING REGULATIONS BY ADDING A NEW SECTION 11-58.5 ADOPTING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COMMERCIAL AND NEW RESIDENTIAL CONSTRUCTION IN THE BEE BRANCH CREEK RESTORATION ALIGNMENT STUDY AREA Whereas, the City Council of the City of Dubuque, Iowa is undertaking a study of an alignment for the proposed Bee Branch Restoration Project in the City of Dubuque between 24th Street and the 16th Street Detention Basin, which will include the acquisition of property necessary for said project; and Whereas, the City Council believes that it is in the best interest of the City and its citizens to minimize the inconvenience and disruption to property owners in the study area and to minimize property acquisition costs for the construction of the Bee Branch Restoration Project and that a moratorium for the study area should be adopted; and Whereas, the City Council adopted Ordinance No. 50-04, providing for a moratorium, which Ordinance should now be repealed and a new moratorium adopted in lieu thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 50-04 is hereby repealed. Section 2. The City of Dubuque Code of Ordinances, Chapter 11, Buildings and Building Regulations are hereby amended by adding the following new section: Section 11-58.5 Moratorium Bee Branch Creek Restoration Alignment Area. The Building Official shall not issue any permit for any commercial construction or for any new residential construction, including a new house or new garage, but not including demolition and emergency repairs, without the approval of the City Council, in the Bee Branch Creek Restoration Alignment area as shown on the map on file in the office of the City Clerk, 50 W. 13'" Street, Dubuque, Iowa, during the period from the effective date of this ordinance until July 1, 2010, except where a vested right to the issuance of such permit accrued prior to December 1 g, 2003. Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Pubiished officiall~ in the Telegraph Herald newspaper this 28t day of December, 2004. Jeanne F. Schneider, City Clerk 11 12/28 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Sidewalk Installation Ordinance: City Manager recommending approvai of establishment of a requirement to install sidewalks on all lots on a public street for which a building permit or site plan approval is sought in order to provide an adequate safe area for pedestrian traffic and that exceptions be granted only by action of the City Council, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Chapter 41, Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances by adding a new Section 41-100 requiring sidewalk installation and by retitling Article V as Sidewalk Installation and Repair, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 86-04 AMENDING CHAPTER 41, STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 41-100 REQUIRING SIDEWALK INSTALLATION AND BY RETITLING ARTICLE V. AS SIDEWALK INSTALLATION AND REPAIR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Art. V of the Code of Ordinances, City of Dubuque, is retitled Sidewalk Installation and Repair and is further amended by adding the following new Section 41-100: Section 41-100. Installation (a) The owner of any lot or parcel in any area of the city, whether such lot or parcel is residential, commercial or industrial, that abuts upon any improved public street that has curb and gutter shall, at the owner's cost, install sidewalk on such lot or parcel when said lot or parcel is developed or redeveloped or at the direction of City Council. For purposes of this paragraph, development or redevelopment means any improvement that requires a building permit or site plan approval. (b) No exception to the requirement of paragraph (a) shall be permitted except by the 438 Regular Session, December 20, 2004 City Council upon written appeal filed with the City Clerk. Passed, approved and adopted this 20'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 28" day of December, 2004. Jeanne F. Schneider, City Clerk 1112/28 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Sidewalk Inspection and Abatement Policy: City Manager recommending approval of a revised Sidewalk Inspection and Abatement POlicy that will better reflect the definition of "sidewalk," "sidewalk defects," extension criteria, and an added appeal section, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 493-04 APPROVING REVISIONS TO THE CITY OF DUBUQUE SIDEWALK INSPECTION POLICY Whereas, this is a resolution approving revisions to the City of Dubuque Sidewalk Inspection Policy; and Whereas, the City Council deems that it is in the best interest of the City to adopt the revised Sidewalk Inspection Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.The attached revisions to the City of Dubuque Sidewalk Inspection Policy are hereby approved. Passed, approved and adopted this 20'h day of December, 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. Asbury Road Sidewalk: City Manager recommending approval of the installation of sidewalks along the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial in response to several requests from citizens, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Eagle Valley Subdivision Parking Restrictions: City Manager recommending approval of no parking zones for five streets in Eagle Valley Subdivision pursuant to an agreement between the City and Fondell Excavating, Inc., which was approved on December 2, 2003 for the Eagle Valley Subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding portions of Bald Eagle Court, Harpy Eagle Court, Stellar Eagle Drive, Golden Eagle Drive and Eagle Valley Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 87-04 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING PORTIONS OF BALD EAGLE COURT, HARPY EAGLE COURT, STELLAR EAGLE DRIVE, GOLDEN EAGLE DRIVE, AND EAGLE VALLEY DRIVE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (d) of Section 32-262 the following: Eagle Valley Drive, both sides, from Roosevelt Street to Golden Eagle Drive. Golden Eagle Drive, west and south sides, from its northerly terminus to and including the cul-de-sac at its easterly terminus. Stellar Eagle Drive, east side, from Golden Eagle Drive to Bald Eagle Court. Harpy Eagle Court, north side, from Stellar Eagle Drive to and including the cul-de-sac at its easterly terminus. Bald Eagle Court, south side, from Golden Eagle Drive to and including the cul-de-sac at its easterly terminus. Passed, approved and adopted this 20'h day of December, 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. Prairie and Walnut Streets - Through Streets: City Manager recommending that Prairie Street and Walnut Street be designated as "through streets" to provide authority for the installation of stop signs on all the side streets without the necessity of individual stop sign ordinances for each intersection, presented and read. Buol Regular Session, December 20, 2004 439 moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding Prairie Street and Walnut Street to Subsection (b) of Section 32-213 thereof providing for the designation of through streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 88-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING PRAIRIE STREET AND WALNUT STREET TO SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Prairie Street and Walnut Street to Subsection (b) of Section 32-213 thereof as follows: Sec. 32-213. Throuah Streets. (b) * * * '" * Prairie Street, from the north right-of-way line of Loras Boulevard to the south right-of-way line of West Eleventh Street. Walnut Street, from the north right-of-way line of Loras Boulevard to the south right-of-way line of University Avenue. Passed, approved and adopted this 20'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 28'h day of December, 2004. Jeanne F. Schneider, City Clerk 11 12/28 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Holliday Drive - Through Street: City Manager recommending that Holliday Drive be designated as a "through street" to provide authority for the installation of stop signs on all the side streets and to give priority to traffic along Holliday Drive, presented and read. Connors moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding Holliday Drive to Subsection (b) of Section 32-213 thereof providing for the designation of through streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 89-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING HOLLIDAY DRIVE TO SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Holliday Drive to Subsection (b) of Section 32- 213 thereof as follows: Sec. 32-213. Throuah Streets. (b) "" '" * '" * Holliday Drive, from Asbury Road to its southerly terminus. Passed, approved and adopted this 20'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 28'h day of December, 2004. Jeanne F. Schneider, City Clerk 1t 1/28 Connors 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 Markham. Motion carried 7-0. Economic Development Revolving Loan Fund . (RLF) Programs: City Manager recommending approval of the establishment of two Revolving Loan Fund (RLF) Programs for the Economic Development Department from the Community Development Block Grant Program, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 494-04 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES 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 authorization of a 440 Regular Session, December 20, 2004 Loan Agreement and the issuance of $200,000 General Obligation Capital Loan Notes, for a general corporate purpose, for the purpose of paying costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects, and no petition was filed calling for a referendum thereon. 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 take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $200,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose. Passed, approved and adopted this 20th day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 495-04 RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE, AND LEVYING A TAX TO PAY THE NOTE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Capital Loan Note in the amount of $200,000 be issued for said purpose; and Whereas, the City has a population of more than 5,000 but not more than 75,000; and Whereas, pursuant to notice published as required by Sections 384.24, 384.24A, 384.25 and 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the authorization to enter into a loan agreement and the issuance of Notes for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: , "Issue~' and "City" shall mean the City of Dubuque, Iowa. ,"Loan Agreement" shall mean a Loan Agreement between the Issuer and the Original Purchaser in substantially the form attached to and approved by this Resolution. , "Note Fund" shall mean the fund required to be established by Section 4 of this Resolution. , "Notes" or "Note" shall mean the $200,000 General Obligation Capital Loan Note, in substantially the form attached to and authorized to be issued by this Resolution. , "Original Purchaser" shall mean Premier Bank, Dubuque, Iowa. ,"Paying Agent" shall mean the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issue~s agent to provide for the payment of principal of the Notes as the same shall become due. , "Project" shall mean the costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. , "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Notes. , "Registra( shall mean the City Treasurer of Dubuque, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. "Resolution" shall mean this resolution authorizing the issuance of the Notes. "Treasure( shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. Section 2. Loan Aoreement and Note. The forms of Loan Agreement and Note in substantially the form attached to this Resolution are hereby approved and are authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Upon execution, the Loan Agreement and Note shall Regular Session, December 20, 2004 be delivered to the Original Purchaser in exchange for the principal amount thereof. Section 3. Levv and Certification of Annual Tax: Other Funds to be Used. (a) Levv of Annual Tax. That for the purpose of providing funds to pay the principal of the Notes hereinafter authorized to be issued, there shall be levied in the Debt Service Fund for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $200,000 2014/2015 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2004, will be collected during the fiscal year commencing July 1,2005). (b) Resolution to be Filed With Countv Auditor. A certified copy of this Resolution shall be filed with the County Auditor of Dubuque County, Iowa, and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 3 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal on said Notes issued in anticipation of the tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND 2004 No. ONE" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal on the Notes hereinafter authorized to be issued. Section 5. Application of Note Proceeds. Proceeds of the Notes shall be credited to the Project Fund and expended only for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its 441 purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2003 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2003, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of the Notes as herein provided. Section 7. Note Details. Execution and Redemption. (a) Note Details. The Loan Agreement and Note of the City in the principal amount of $200,000 shall be issued pursuant to the provisions of Section 384.24A and 384.26(5) of the City Code of Iowa for the aforesaid purposes. The Note and Loan Agreement shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City. The Note shall be fully registered as provided in this Resolution; principal shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Note shall be issued as a single Note in the form attached hereto, in the principal amount described herein, and shall mature on January 1, 2015 (or on such later date as may be acceptable to the Original Purchaser and set forth therein). No interest shall accrue on the Note or the Loan Agreement. (b) Redemption. The Note is subject to redemption prior to maturity by the Issuer and may be paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, as provided in the Note. The terms of redemption shall be par. Section 8. Reaistration of Notes: Appointment of Reaistrar: Transfer: Ownership. Deliverv: and Cancellation. (a) Reaistration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The City Treasurer is hereby appointed as Registrar under the terms of this Resolution. Registrar shall maintain the books 442 Regular Session, December 20, 2004 of the Issuer for the registration of ownership of the Notes for the payment of principal of the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and maturing on the same date or dates shall be delivered by the Registrar. (c) Reaistration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. Section 9. Record Date. Payments of principal, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Final payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 10. Riaht to Name Substitute Pavina Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. Section 11. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Note, and after the issuance of the Note no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except with the consent of the Original Purchaser or other registered holder of the Note, until such time as the Note shall have been satisfied and discharged as provided in this Resolution. Section 12. Severabilitv. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Regular Session, December 20, 2004 443 Section 13. ReDeal of Confiictina Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed, approved and adopted this 20'h day of December, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Water Works Park Update: City Manager submitting an updated plan for Water Works Park and recommending approval of the conceptual design, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Buol. Carried by the following vote: Yeas- Buol, Cline, Connors, Duggan, Markham, Michalski. Nays-Nicholson. Carnegie Stout Public Library Community Survey: Request of Library Director Susan Henricks to address the City Council to provide an overview of the Library's community survey, presented and read. Susan Henricks spoke reviewing the survey. Cline moved that the report be received and filed. Seconded by Nicholson. Motion carried 7-0. At 9:15 P.M. Michalski moved to go into Closed Session re: Property Acquisition - Chapter 21.5(1)fj) 2003 Code of Iowa. Seconded by Nicholson. Motion carried 7-0. At 9:27 P.M. Council reconvened regular session stating that staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjoumed at 9:28 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1t 12/30 APproved:~~ 2005 AdoPte~ -n I~ / Mayor Council Members