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2005 December Council Proceedings Regular Session, December 5, 2005 417 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 5, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Braig, Cline, Connors, Markham, Michalski Nicholson (by telephone), City Manager Va~ 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 Council Invocation was given by Reverend Robert Weinhold, Pastor of St. Paul t.utheran Church Proclamation: Human Rights Day (December 10, 2005) received by Human Rights Commission Member Vincent Vanden Huevel Presentation: Water Department Employee / Navy Seabee BU1 Brant Schueller presented the U.S. Naval Mobile Construction Battalion Twenty-Five Command Coin in appreciation of the City's support of his unit and others that are serving our Country. The Mayor and City CounCil expressed their appreciation. CONSENT ITEMS Minutes and Reports Submitted: City Council of 11/21: Electrical Code Board of 11/28' Historic Preservation Commission of 11/17: Housing Commission of 10/25; Long Rang~ Planning Commission of 11/16, presented and read. Connors moved that the minutes be received and filed. Seconded by Braig. Motion carried 7-0. Proof of publication of City Council proceedings of November 7, 2005, presented and read. Connors moved that the proof be received and filed. Seconded by Braig. Motion carried 7-0. Notice of Claims/Suits: Best Western Midway Hotel for property damage; Stacy Birch for personal injury; John W. Freund III for vehicle damage; Randall and Carol Stecher for property damage; Wells Fargo Bank Minnesota vs City of Dubuque, et ai, presented and read. Connors moved that the communication be received and filed and referred to Legal for investigation and report. Seconded by Braig. 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: Best Western Midway Hotel for property damage; Stacy Birch for personal injury; Randall and Carol Stecher for property damage, presented and read. Connors moved that the communication be received and filed and concurred. Seconded by Braig. Motion carried 7-0. 409 Burch Street (Tabled on November 7 2005): City Manager submitting an update o~ the property located at 409 Burch Street and recommending that this item be retabled to the first meeting in January, 2006, presented and read. Connors moved that the communication be received and filed and tabled to the first meeting in January. Seconded by Braig. Motion carried 7-0. Claim Settlement: Corporation Counsel submitting information regarding the settlement of a claim by Public Entity Risk Services of Iowa on behalf of the City, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. Mullen Road Sanitary Sewer Reconstruction Project: City Manager recommending acceptance of the Mullen Road Sanitary Sewer Reconstruction Project as completed by Drew Cook and Sons Excavating, Inc., in the final contract amount of $57,074.72, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 518-05 ACCEPTING THE MULLEN ROAD SANITARY SEWER RECONSTRUCTION PROJECT FROM ASBURY ROAD TO HILLCREST ROAD Whereas, the contract for the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section. 1. The recommendation of the City Manager IS approved and the Project is hereby accepted. 418 Regular Session, December 5, 2005 Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2006 Sanitary Sewer Construction Fund appropriation for the contract amount of $57,074.72 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 519-05 FINAL ESTIMATE Whereas, the construction contract for the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road, 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 $78,534.72 and the said amount shall be paid from the allocation from the Fiscal Year 2006 Sanitary Sewer Construction Fund. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Grandview Avenue Concrete Section Repair Project: City Manager recommending acceptance of the Grandview Avenue Concrete Section Repair Project as completed by Drew Cook and Sons Excavating, Inc., in the final contract amount of $41,581.33, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 520-05 ACCEPTING THE GRANDVIEW AVENUE CONCRETE SECTION REPAIR PROJECT Whereas, the contract for the Grandview Avenue Concrete Section Repair Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Years 2005 and 2006 Concrete Section Repair Funds appropriation for the contract amount in the amount of $41,581.33 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 521-05 FINAL ESTIMATE Whereas, the construction contract for the Grandview Avenue Concrete Section Repair 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 $43,931.90 and the said amount shall be paid from the allocation from the Fiscal Years 2005 and 2006 Concrete Section Repair Funds. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. University Avenue - Howard R. Green Supplemental Agreement: City Manager recommending approval of Supplemental Agreement No. 4 for Howard R. Green Company to provide additional engineering services for the second phase (construction inspection) of the University Avenue Extension Project, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. Abstract of Votes: Submittal of the Abstract of Votes for the November 8, 2005 City Council election, presented and read. Regular Session, December 5, 2005 ABSTRACT OF VOTES Dubuque County, Iowa We, the undersigned Members of the Board of Supervisors, and ex-officio Board of County Canvassers, for Dubuque County, hereby certify the following to be a true and correct abstract of the votes cast in the Regular Municipal Election held on the 8th day of November, 2005, as shown by the tally lists returned from the several election precincts. For the Office of Dubuque City Council at Large with one to be elected there were twelve thousand eight hundred forty-nine (12,849) votes cast, as follows: Ric Jones received seven thousand seven hundred thirty-three (7,733) votes. Daniel E. Nicholson received five thousand sixty-three (5,063) votes. Scattering received fifty-three (53) votes. We therefore declare Ric Jones duly elected to the Office of Dubuque City Council - At Large for the term of four years. For the office of Dubuque City Council - Ward One with one to be elected there were two thousand nine hundred seventy-eight (2,978) votes cast as follows: Andrew Koons received five hundred eleven (511) votes. Kevin Lynch received two thousand four hundred forty-six (2,446) votes. Scattering received twenty-one (21) votes. We therefore declare Kevin Lynch duly elected to the Office of Dubuque City Council - Ward One for the term of four years. For the office of Dubuque City Council - Ward Two with one to be elected there were three thousand three hundred sixty-six (3,366) votes cast as follows: Karla Glab Braig received one thousand seven hundred twenty-one (1,721) votes. Lou Oswald received one thousand six hundred thirty (1,630) votes. Scattering received fifteen (15) votes. We therefore declare Karla Glab Braig duly elected to the Office of Dubuque City Council - Ward Two for the unexpired term of two years. For the Office of Dubuque City Council - Ward Three with one to be elected there were two thousand two hundred sixty-nine (2,269) votes cast as follows: Joyce Connors received two thousand two hundred thirty-two (2,232) votes. Scattering received thirty-seven (37) votes. We therefore declare Joyce Connors duly elected to the Office of Dubuque City Council - Ward Three for the term of four years. For the Office of Mayor of Dubuque one to be elected there were thirteen thousand two hundred fifty-seven (13,257) votes cast, as follows: Roy Buol received six thousand eight hundred twenty three (6,823) votes. 419 John Markham received six thousand three hundred thirty-two (6,332) votes. Scattering received one hundred two (102) votes. We therefore declare Roy Buol duly elected to the Office of Mayor of Dubuque for the term of four years. On Public Measure A - "Shall the City of Dubuque, Iowa, be authorized to establish a municipal utility to provide communications services, including but not limited to local exchange telephone services, long distance telephone services, Internet access services, and television services" there were thirteen thousand twenty-five (13,025) votes cast as follows: Eight thousand two hundred ninety three (8,293) votes in favor of the public measure. Four thousand seven hundred thirty-two (4,732) votes opposed to the public measure. We therefore declare the public measure "Shall the City of Dubuque, Iowa, be authorized to establish a municipal utility to provide communications services, including but not limited to local exchange telephone services, long distance telephone services, Internet access services, and television services" to be approved. IN TESTIMONY WHEREOF, we have set our hands and caused this to be attested by the Dubuque County Auditor and Commissioner of Elections with the seal of Dubuque County. Done at Dubuque, Iowa, the county seat of this County this fourteenth day of November, 2005. /s/ Eric Manternach, Member /s/ Wayne Demmer, Vice Chair Attest: Denise M. Dolan, County Auditor and Clerk of the Board of Supervisors. Connors moved that the Abstract of Votes be received and filed and made a matter of record. Seconded by Braig. Motion carried 7-0. Acceptance of Warranty Deed: City Manager recommending approval of the acceptance of the warranty deed from Murphy Family Enterprises, LLP for the right-of-way necessary for roadway improvements adjacent to the new US 20 Bridge, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 522-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, FROM MURPHY FAMILY ENTERPRISES, LLP WHEREAS, the Iowa Department of Transportation entered into an Agreement with Murphy Family Enterprises, LLP, for the purchase of the real property in Dubuque County, Iowa, described as follows: Lots 576 and 575A in the City of Dubuque, Iowa, according to the United States Commissioner's 420 Regular Session, December 5, 2005 Plat of the Survey of the City of Dubuque, Iowa, situation in Dubuque County, Iowa recorded as Instrument No. 21446-2003 in the Office of the Dubuque County Recorder. AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Murphy Family Enterprises, LLP attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Marshall Park Rest Room Project - Change Order: City Manager advising that he has approved a change order for the Marshall Park Rest Room Construction project in the amount of $36,955.37, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. STP Funding - Highway 20 Landscaping Project - Phase II: City Manager recommending approval of an agreement with the Iowa Department of Transportation for $100,000 of STP funding for Phase II of the Highway 20 Landscaping Project, presented and read. Connors moved that the communication be received and filed and approved recom- mendation. Seconded by Braig. Motion carried 7-0. Human Rights Commission 2005 Annual Report: City Manager submitting the Human Rights Commission 2005 Annual Report, presented and read. Connors moved that the communication and report be received and filed. Seconded by Braig. Motion carried 7-0. Hartig Drug Company: Communication from property owners in opposition to the request of Hartig Drug Company to lease a portion of the City-owned alley behind 157 Locust Street, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. Transit Management Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for management of Keyline Transit and to simultaneously solicit applications for a full-time Transit Manager, presented and read. Dave Baker, President of Teamsters Local Union No. 21, spoke stating he was concerned with the simultaneous advertising as he felt it would be difficult to recruit a Transit Manager while requesting proposals for a management firm. Michalski expressed concern for the transit system and although this was a policy issue she felt it was advantageous to have a local manager. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. HOME Program Application: City Manager recommending approval of an application to the Iowa Department of Economic Development (IDED) for HOME Program funding for the Step by Step project, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 523-05 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE IOWA HOME INVESTMENT PARTNERSHIP PROGRAM Whereas, the City of Dubuque recognizes a need to assist lower-income persons with disabilities with affordable rental housing; and Whereas, the City recognizes the benefits of such assistance in the form of a better quality of life and equal accessibility to quality housing for disabled citizens; and Whereas, the City has successfully administered more than $1.2 million in HOME Program grants from the Iowa Department of Economic Development since 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized and directed to execute an application to the Iowa Department of Economic Development for participation in the HOME Investment Partnership program. Section 2. That the City of Dubuque Housing Commission has conducted the required public hearing in accordance with Iowa Code Section 362.3 regarding this application. Section 3. That the City of Dubuque commits $100 000 in repayment funds from Rental Rehabilitation Program reserves to support this project. Section 4. That the City Manager is hereby authorized and directed to fOlWard said application and resulting standard executed contract as required by the Iowa Department of Economic Development. Regular Session, December 5, 2005 421 Passed, approved and adopted this 5th day of December, 2005. Terrance M Duggan, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Cooperative Winter Roadway Maintenance Agreement: City Manager recommending approval of a new Cooperative Winter Roadway Maintenance Agreement with the City of Asbury for certain roads, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 524-05 RESOLUTION APPROVING WINTER ROAD- WAY MAINTENANCE AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND THE CITY OF ASBURY Whereas, jurisdiction over certain roadways in Dubuque county is divided down the centerline or by sections between the City of Asbury and the City of Dubuque; and Whereas, the City of Dubuque, Iowa and the City of Asbury, Iowa agree that winter road maintenance divided down roadway centerlines or by sections is not cost efficient or practical; and Whereas, the City of Dubuque is willing to perform winter maintenance operations on portions of roadways located in the City of Asbury, specifically, Middle Road and Seippel Road; and Whereas, the City of Asbury is willing to perform winter maintenance operations on portions of roadways located in the City of Dubuque, specifically, Asbury Road and Heacock Road; and Whereas, it is necessary that the City of Dubuque and the City of Asbury enter into an agreement regarding the winter maintenance on these roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA; Section 1. That the City Council of the City of Dubuque, Iowa hereby approves and directs the Mayor to sign the attached Winter Roadway Maintenance Agreement with the City of Asbury for winter maintenance operations on said roadways. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Citizen Communication: Communication from Ian Carstens, 2370 Shiras Avenue, requesting additional funding for the Young Adults Department at the Library, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. Historic District Public Improvement Program: Historic Preservation Commission recom- mending approval of an application for Historic District Public Improvement Program (HDPIP) funds to install directional signage and a kiosk at Four Mounds, presented and read. Connors moved that the communication be received and filed and approved recommendation. Seconded by Braig. Motion carried 7-0. Iowa 32 Bike / Hike Trail: City Manager recommending approval of a REAP Agreement for Phase I of the Iowa 32 Bike/Hike Trail, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 525-05 RESOLUTION AUTHORIZING A REAP GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR PHASE 1 OF IOWA 32 BIKE/HIKE TRAIL Whereas, the City of Dubuque has identified the Iowa 32 Bike/Hike Trail as an important recreational facility to be developed as part of the City's commitment to a citywide bike/hike network adopted by the City of Dubuque in 1995 ; and Whereas, the Iowa Department of Natural Resources has allocated grant funds of $200,000 in the REAP (Resource Enhancement and Protection) Program for the development of the Iowa 32 Bike/Hike Trail; and Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for development of bike/hike trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the grant agreement with the Iowa Department of Natural Resources for $200,000 in REAP funds for Phase 1 of the Iowa 32 Bike/Hike Trail. Section 2. That the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 5th day of December 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. 422 Regular Session, December 5, 2005 Kelly's Bluff Planned Unit Development (PUD): Communication from the Long Range Planning Advisory Commission advising that by a vote of 4 to 0, the LRPAC passed a motion that the Kelly's Bluff PUD project is not consistent with the 2002 Dubuque Comprehensive Plan, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. City Hall - Third Floor Structural Repair Project: City Manager recommending acceptance of the City Hall - Third Floor Structural Repair Project as completed by Tricon of Dubuque, in the final contract amount of $104,619.00, presented and read. Connors moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 526-05 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall-3rd Floor Structural Repairs 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 contracts, 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 improvements be and the same are hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contractor in the amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 527-05 FINAL ESTIMATE Whereas, the contract for the City Hall-3rd Floor Structural Repairs Project has been completed and the Building Services Manager has submitted his 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 $104,619.00 and the said improvement shall be paid by the City as provided for therein. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. International City / County Management Association: Certificate from the International City/County Management Association recognizing City Manager Michael C. Van Milligen as an ICMA Credentialed Manager and press release issued by the City regarding the certification, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Council Member Michalski congratulated City Manager Van Milligen on this certification. Business License Refund: Request of a refund of the beer and liquor license for The Busted Lift in the amount of $633.75, presented and read. Connors moved that the communication be received and filed and approved refund. Seconded by Braig. Motion carried 7-0. Business Licenses: RESOLUTION NO. 528-05 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 The Moracco, Inc The Moracco+ (Sunday Sale) 1413 Rockdale Rd SPECIAL CLASS "C" LIQUOR LICENSE PACR, lid Dubuque Family Restaurant+ (Sunday Sale) 2600 Dodge St Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. BOARDS/COMMISSIONS Regular Session, December 5, 2005 423 Applicants are invited to address the Council regarding their desire to serve on the following Commission: Human Rights Commission (Three terms through January 1, 2009 - terms of Ehlinger, Foster and Vanden Heuvel) Applicants: Patricia Foster, Mary Gassman, Vincent Vanden Heuvel; 'Mr. Vanden Heuvel spoke requesting consideration for re- appointment and Ms. Gassman conveyed she could not be in attendance but is interested in serving. ACTION ITEMS Arc Design Resources, Inc. / QHQ Properties (First Reading November 21, 2005): City Manager submitting a revised ordinance for the Arc Design Resources, Inc. / QHQ Properties rezoning for the proposed development of a Sam's Ciub and requesting that the City Council give only a second reading to the original PUD ordinance, with the recommended changes, to allow sufficient time for Planning, Engineering and Legal staff to resolve a number of issues with Sam's Club representatives regarding the proposed PUD, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4310 Asbury Road from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation, presented and read. Connors moved to receive and file the communications and to consider this the second reading of the Ordinance. Seconded by Michalski. Motion carried 6-0 with Duggan abstaining. 2005 National Electrical Code: City Manager recommending approval of the 2005 National Electrical Code published by the National Fire Protection Association, presented and read. Connors moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Providing that the Code of Ordinances, City of Dubuque, Iowa be amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof pertaining to revising and reenacting an Electrical Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 64-05 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 18-1 THEREOF AND ENACTING A NEW SECTION 18-1 THEREOF PERTAINING TO REVISING AND REENACTING AN ELECTRICAL CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 18-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 18-1 and enacting a new Section 18-1 in lieu thereof: Section 18-1 Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the City that certain electrical code known as the National Electrical Code, 2005 Edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provisions of such electrical code shall be controlling in the supply of electricity and in the installation, maintenance and use of all electrical conductors and equipmenl and installation of optical fiber cable within the corporate limits of the City and shall be known as the "Dubuque Electrical Code". A copy of the National Electrical Code, 2005 Edition, as adopted, shall be on file in the office of the City Clerk for public inspection. Section 2. When Effective. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/9 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. Airport Commission: Corporation Counsel recommending adoption of an ordinance regarding membership on the Airport Commission, presented and read. Connors moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Section 4-46 of the City of Dubuque Code of Ordinances providing 424 Regular Session, December 5, 2005 for the appointment and term of Airport Commission members, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 65-05 AMENDING SECTION 4-46 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE APPOINTMENT AND TERM OF AIRPORT COMMISSION MEMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-46 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 4-46. Appointment; Terms: (a) The Airport Commission shall have a membership of five (5) persons appointed by the City Council for four (4) year terms. Such members shall serve without compensation. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of December, 2005. Jeanne F. Schneider, City Clerk 1t 12/9 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. City Council Meeting Dates: Council Member Michalski requested an Ordinance regarding regular meeting dates of the City Council, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 2-22 Meetings-Date Establishing Regular Meetings of the City Council, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 66-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 2-22 MEETINGS- DATE ESTABLISHING REGULAR MEETINGS OF THE CITY COUNCtL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Sec. 2-22 is amended to read as follows: Sec. 2-22. Meetings-Date: Regular meetings of the council shall be held on the first and third Monday of each month and special meetings may be called from time to time by the mayor or a majority of the members of the council. When the day fixed for any regular meeting of the council falls upon a day designated as a legal or national holiday or city holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of December, 2005. Jeanne F. Schneider, City Clerk 1t 12/9 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. Seconded by Connors. Motion carried 7-0. Michalski moved final passage and adoption of the Ordinance. Seconded by Connors. Motion carried 7-0. Emergency Succession: City Manager recommending approval of an ordinance which provides for emergency succession for the Mayor and City Council Members, presented and read. Connors moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances by adopting a new Section 2-86 Establishing the Emergency Succession for the Mayor and Councii Members. OFFICIAL PUBLICATION ORDINANCE NO. 67-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 2-86 ESTABLISHING THE EMERGENCY SUCCESSION FOR THE MAYOR AND COUNCIL MEMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 2-86. Emergency Succession: When the mayor and the mayor pro tem are absent or unable to act, the council members in the following order of succession shall perform the mayo~s duties, except that a succeeding council member may not appoint, employ or discharge officers or employees without the approval of the city council: (a) Council member at large who has served the longer consecutive term in office; then Regular Session, December 5, 2005 Council member at large who has served the shorter consecutive term in office; in the event their terms are the same, then in alphabetical order; (b) Ward Council member who has served the longest consecutive term in office; then Ward Council member who has served the next longest consecutive term in office, and so on; in the event that the consecutive terms of council members in such order are the same, then in alphabetical order. Official actions of a succeeding council member when the mayor and mayor pro tem are absent or unable to act are legal and binding to the same extent as if done by the mayor or mayor pro temp. A succeeding council member retains all the council member's powers as a member of the city council. Section 2. This amendment shall take effect upon publication. Passed, approved and adopted this 5th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/9 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. Seconded by Markham. Motion carried 7-0. Michalski moved final passage and adoption of the Ordinance. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that Council Member Nicholson is at the National League of Cities and that she and Connors will leave tomorrow. They will show Dubuque's signage and wayfinding system. At 6:55 P.M. Markham moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)G) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 7:36 P.M. Council reconvened stating that Staff had been given proper direction. There being no further business, Markham moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 7:37 P.M. 11 12/14 /s/ Jeanne F. Schneider, CMC City Clerk Approved: Adopted Attest: City Clerk Mayor Council Members 425 2006 2006 426 Special Session, December 17, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 17, 2005 Council met in special session at 8:00 a.m. at the Grand River Center Present: Mayor Pro-Tem Connors, Council Members, Braig, Cline, Michalski, Nicholson, Mayor-Elect Buol, Council Members-Elect Ric Jones, Kevin Lynch, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan, Council Member Markham Mayor Pro-Tem Connors read the call and stated this is a special session of the City Council called for the purpose of conducting a leadership/governance session with Lyle Sumek facilitating. The City Council discussed the desired image for the City Councii aiong with what successes/ accomplishments they would like to see in the coming year. Council discussed actions to increase team effectiveness and performance and developed operating guidelines along with a code of conduct for themselves. There being no further business, upon motion meeting adjourned at 4: 1 0 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 12/28 Approved: Adopted Allest: City Clerk Mayor Council Members 2006 2006 Regular Session, December 19,2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 19, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Braig, 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 Council. Invocation was given by James Collins, President of loras College. Presentations of plaques were made to outgoing Council Members Dan Nicholson and John Markham by Mayor Duggan and to Mayor Duggan by Mayor Pro-Tem Connors. All were commended for their many years of dedicated community service. Proclamation: "Homeless Persons' Memorial Day" received by Jessica Howell CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 10/25; Cable Community Teleprogramming Com- mission of 11/1; City Council of 12/5; Human Rights Commission of 11/14; Park and Recreation Commission of 11/8; Zoning Advisory Commission of 12/7; Zoning Board of Adjustment of 11/23, presented and read. Cline moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of Publication of City Council Proceedings of November 7 and 17, 2005 and List of Claims and Summary of Revenues for month ending September 30 and October 31, 2005, presented and read. Cline moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Printed City Council Proceedings for month of August, 2005, presented and read. Cline moved that the proceedings be received and filed and approved as printed. Seconded by Connors. Motion carried 7-0. 427 Notice of Claims/Suits: Rebekkah Michel for property damage; Kerin Moldenhauer for property damage; Peggy Plunkett for vehicle damage; Sisters of the Presentation for vehicle damage; Kenneth W. Shannon and Shirley M. Shannon for property damage, presented and read. Cline moved that the communications be received and filed and referred to legal for investigation and report. Seconded by Connors. 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: John W. Freund III for vehicle damage; Robyn Miller for personal injury/vehicle damage; Kerin Moldenhauer for property damage and Peggy Plunkett for vehicle damage, presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Rebekkah Michel for property damage, presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Guardrail Replacement Program Project: City Manager recommending acceptance of the Guardrail Replacement Program Project as completed by Pauline Company, Inc., in the final contract amount of $58,567.50, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 529-05 ACCEPTING THE FISCAL YEAR 2005/2006 GUARDRAil REPLACEMENT PROGRAM Whereas, the contract for the Fiscal Year 2005/2006 Guardrail Replacement Program (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Years 2005 and 2006 Guardrail Replacement Program Capital Improvement Projects appropriation for the contract amount of 428 Regular Session, December 19, 2005 $58,567.50 less any retained percentage provided for therein as provided in iowa Code Chapter 573, and to pay such retain age only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 19th day of December, 2005. 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. 530-05 FINAL ESTIMATE Whereas, the construction contract for the Fiscal Year 2005/2006 Guardrail Replacement Program 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 $68,609.20 and the said amount shall be paid from the allocation from the Fiscal Years 2005 and 2006 Guardrail Replacement Program Capital Improvement Projects (CIPs). Passed, approved and adopted this 19'h day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Northwest Arterial Fiber Optics Conduit Construction Project: City Manager recommending acceptance of the Northwest Arterial Fiber Optics Conduit Construction Project as completed by Vol kens, Inc. of Dyersville, Iowa, in the final contract amount of $114,624.00, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 531-05 ACCEPTING THE NORTHWEST ARTERIAL FIBER OPTICS CONDUIT PROJECT Whereas, the contract for the Northwest Arterial Fiber Optics Conduit Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Northwest Arterial Fiber Optics Capital Improvement Project appropriation for the contract amount of $114,624.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of December, 2005. 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. 532-05 FINAL ESTIMATE Whereas, the construction contract for the Northwest Arterial Fiber Optics Conduit 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 $129,225.00 and the said amount shall be paid from the allocation from the Fiscal Year 2004 Northwest Arterial Fiber Optics Capital Improvement Project. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Asbury Road Sidewalk Installation Project: City Manager recommending acceptance of the Asbury Road Sidewalk Installation Project as completed by Winger Construction in the final contract amount of $18,957.27 (includes a project completion incentive of $1,188.44) and adoption of the schedule of final assessments, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 533-05 ACCEPTING THE ASBURY ROAD SIDEWALK INSTALLATION PROJECT JOHN F. KENNEDY ROAD TO IOWA 32 (NORTHWEST ARTERIAL) Whereas, the contract for the Asbury Road Sidewalk Installation Project - John F. Kennedy Road to Iowa 32 (Northwest Arterial) (the Project) has been completed and the City Regular Session, December 19, 2005 429 Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the CIP 010C88/1001717 (Asbury Sidewalks) and CIP 3501425 (Sidewalk Program - City-Owned) in the amount of $18,957.27 the contract amount less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 19th day of December, 2005. 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. 534-05 FINAL ESTIMATE Whereas, the construction contract for the Asbury Road Sidewaik Installation Project - John F. Kennedy Road to Iowa 32 (Northwest Arterial) 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 $40,129.34 and the said amount shall be paid from the CIP 010C88/1001717 (Asbury Sidewalks) and CIP 3501425 (Sidewalk Program - City-Owned) in the amount of $28,037.35 and special assessments in the amount of $12,091.99. Passed, approved and adopted this 19th day of December, 2005. 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. 535-05 RESOLUTION APPROVING THE FINAL SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet(s), Page 1 to Page 1 inclusive, is hereby determined to be the Final Schedule of Assessments for the Asbury Road Sidewalk Installation Project - John F. Kennedy Road to Iowa 32 (Northwest Arterial) and the valuations set out herein are hereby approved. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ASBURY ROAD FROM JOHN F. KENNEDY ROAD TO NORTHWEST ARTERIAL FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS SIDEWALK INSTALLATION ASSESSMENT PROJECT OWNER PARCEL NO. LEGAL LOCATION SIDEWALK ASSESSMENT IDOT Property NW Arterial $4,912.92 Interstate Property 1016351 006 L 1-2 SW Y. SW Y. S 16T89N R2E $1,096.10 Plastic Center Inc. 1021 100006 Lot 2 Pfohl Farm $3,831.01 Steuer, Ronald & Joyce 10-21-227-004 Lot 16 Bk 1 Sunset Park Sub $2,251.96 TOTAL: $12,091.99 Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 2004 Asphalt Paving Project: City Manager recommending acceptance of the 2004 Asphalt Paving Project as completed by River City Paving, Division of Mathy Construction, Inc., in the final contract amount of $1,510,921.31, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 536-05 ACCEPTING THE 2004 ASPHALT PAVING PROJECT (FISCAL YEAR 2005) Whereas, the contract for the 2004 Asphalt Paving Project (Fiscal Year 2005) (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Annual Street Program appropriation for the contract amount of $1,510,921.31 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. 430 Regular Session, December 19, 2005 Passed, approved and adopted this 191h day of December, 2005. 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. 537-05 FINAL ESTIMATE Whereas, the construction contract for the 2004 Asphalt Paving Project (Fiscal Year 2005), has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,603,296.76 and the said amount shall be paid from the allocation from the Fiscal Year 2006 Annual Street Program. Passed, approved and adopted this 19'h day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Library Exterior Maintenance Project: City Manager recommending acceptance of the Library Exterior Maintenance Project as completed by Fred Jackson Tuckpointing, Co., in the final contract amount of $80,733, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 538-05 ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY EXTERIOR MAINTENANCE PROJECT Whereas, the contract for the Carnegie-Stout Public Library Exterior Maintenance Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Preservation of Original Carnegie Building CIP (1001569) and the Replace Sidewalk and Steps (3501681) for the contract amount in the amount of $80,733.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 19th day of December, 2005. 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. 539-05 FINAL ESTIMATE Whereas, the construction contract for the Carnegie-Stout Public Library Exterior Maintenance Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $89,871.02 and the said amount shall be paid from the allocations from the Preservation of Original Carnegie Building Capital Improvement Project (CIP 1001569) and the Repair Sidewalk and Steps Capital Improvement Project (CIP 3501681). Passed, approved and adopted this 19'h day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Marshall Park Rest Room Construction Project: City Manager recommending acceptance of the Marshall Park Rest Room Construction Project as completed by Kluck Construction in the final contract amount of $167,540.60, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 540-05 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Marshall Park Rest Room 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: 1. That the recommendation of the City Manager be approved and that said Regular Session, December 19, 2005 improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1 9th day of December, 2005. 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. 541-05 FINAL ESTIMATE WHEREAS, the contract for the Marshall Park Rest Room Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $167,540.60, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Delinquent Stormwater Management Accounts: City Manager recommending approval of the submission of the delinquent stormwater management collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 542-05 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT STORMWATER 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 stormwater management; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a 431 lien upon the real property served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent stormwater 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 same 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 stormwater 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 O'Neills North Dub Add $20.94 J Foht 10-12-358-007 723 Peru Rd. Lot 20 Maple Leaf Add #2 $22.50 Ricky J Hurst 10-12-177-005 3975 Inwood Ave. Lot 39 & 40 Oneills North Dub Add $21.55 Gary Bernhard 10-12-201-003 1100 Roosevelt St: Lot 4 Wersinger Sub $20.76 Gary Bernhard 10-12-201-003 1110 Roose- vet St: Lot 4 Wersinger Sub $23.03 Mark Krolich10-12-356-004 743 Louise St: Lots 74 & 75 Maple Leaf Add #2 $21.79 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 stormwater management charges in the amounts set forth above and that said delinquent storrnwater 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 stormwater management charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 19th_day of December 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Delinquent Sewer Accounts: City Manager recommending approval of the submission of the 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. 432 Regular Session, December 19, 2005 RESOLUTION NO. 543-05 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 AMOUNT Michael J. Schetgen 10-12-181-001 3922 Inwood Ave. Lot 53 & 54 Oneills North Dub Add $268.18 J Foht 10-12-358-007 723 Peru Rd. Lot 20 Maple Leaf Add #2 $288.14 Ricky J Hurst 10-12-177-005 3975 Inwood Ave. Lot 39 & 40 Oneills North Dub Add $276.03 Gary Bernhard 10-12-201-003 1100 Roosevelt St. Lot 4 Wersinger Sub $265.90 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general property taxes as provided by, law. Passed, approved and adopted this 19 h day of December 2005. Terrance M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Delinquent Garbage and Refuse Collection Accounts: City Manager recommending approval of the submission of the delinquent garbage and refuse collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 544-05 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 I. That the persons named hereinafter, 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 1110 Roosevelt St. Lot 4 Wersinger Sub $134.21 Mark Krolich 10-12-356-004 743 Louise St. Lots 74 & 75 Maple Leaf Add #2 $127.02 Michael J. Schetgen 10-12-181-001 3922 Inwood Ave. Lot 53 & 54 Oneills North Dub Add $122.06 J Foht 10-12-358-007 723 Peru Rd. Lot 20 Maple Leaf Add #2 $131.14 Ricky J Hurst 10-12-177-005 3975 Inwood Ave. Lot 39 & 40 Oneills North Dub Add $125.63 Gary Bernhard 10-12-201-003 1100 Roosevelt St. Lot 4 Wersinger Sub $121.02 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 19th day of December 2005. Regular Session, December 19, 2005 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Friends of the Mines of Spain: Communication from Douglas G. Olk, Friends of the Mines of Spain, requesting a letter of support from the City Council for their expansion project for inclusion in future grant applications, presented and read. Cline moved that the communication be received and filed and approved. Seconded by Connors. Motion carried 7-0. Citizen Communication: Communication from Sarah Davidson in appreciation of the City Council's support of the Step by Step housing project on Bluff Street, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Tax Increment Financing Report: City Manager submitting the 2005 Annual Tax Increment Financing Report, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. Establishment of Fair Market Value: City Manager recommending approval of establishment of the fair market value for an easement for a sanitary sewer lift station on the John and Pamela Gartner property and a Resolution establishing fair market value for the acquisition of an easement for a sanitary sewer lift station on real property owned by John P. and Pamela J. Gartner in the County of Dubuque, Iowa for servicing Arbor Estates and surrounding areas, presented and read. Attorney Allan Carew, on behalf John and Pamela Gartner, spoke objecting to the condemnation of property in the County. John Gartner spoke objecting to this proposed action. Cline moved to receive and file the communication and adopt the Resolution. Seconded by Nicholson. Motion failed due to the following vote: Yeas: Cline, Nicholson. Nays-Braig, Connors, Duggan, Markham, Michalski. Michalski moved to receive and file the communication and Resolution and refer to the City Manager. Seconded by Connors. Motion carried 7-0. Temporary Easements: City Manager recommending approval of a resolution authorizing the City Manager to enter into agreements for acquisition and to execute easements and agreements for rights-of-way for public improvement projects when the cost is less than $10,000, presented and read. Cline moved that the communication be received and 433 filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 545-05 AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE ACQUISITION OF RIGHT OF WAY AND TO EXECUTE PERMANENT AND TEMPORARY EASEMENTS FOR PUBLIC IMPROVEMENT PROJECTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The city manager is authorized to enter into agreements for the acquisition of and to execute temporary easements for public improvement projects for construction and demoiition, temporary easements for backslope and property adjustment, permanent easements for city utilities, and permanent rights of way for street and utility construction for and on behalf of the city, and to secure access to private property or property owned by other governmentai entities by city personnel or city contractors as may be required in support of the construction, repair, or replacement of such public improvement projects, provided that the compensation paid by the City for each such agreement, easement or right of way shall not exceed $10,000.00. 2. When the compensation paid by the City for such agreement, easement or right of way exceeds $10,000.00, City Council approval shall be required. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Arts Council: Communication from Paula Jo Woife, President of the Dubuque Arts Council, expressing appreciation to the City Councii for support of performing arts in Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising that the Consolidated End-of-Year Review for Program Year 2004 was satisfactory, presented and read. Cline moved that the communication be received and fried. Seconded by Connors. Motion carried 7-0. Business Licenses: 434 Regular Session, December 19, 2005 RESOLUTION NO. 546-05 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 "COO BEER PERMIT Moio Oil Company Big 10 Mart+ (Sunday Sale) 9th & Central Av 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 19th day of December, 2005. 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. 547-05 Whereas, appiications 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" LIQUOR LICENSE Kinseth Hotel Corpor. Holiday Inn 5-Flags+ (Sunday Sale) 450 Main St Design Center, Inc Julien Inn+ (Sunday Sale) 200 Main St WCB Hotels, Inc Hoffman House+ (Sunday/Outdoor Saie) 3100 Dodge St CLASS "C" BEER/LIQUOR LICENSE David Hoffman The White House 450 W. Locust Bowiing & Beyond Dubuque Inc Bowling & Beyond+(Sunday/Outdoor Sale)1860 Hawthorne Cue Masters Billiards, LLC Cue Masters Billiards+(Sunday Sale) 900 Central Av Dolores Weber Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Passed, approved and adopted this 19th day of December. 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Commission: Human Rights Commission: (Three terms through January 1, 2009 - terms of Ehlinger, Foster and Vanden Heuvel) Applicants: Anthony Allen, Patricia Foster, Mary Gassman, Vincent Vanden Heuvei Vote on the appointments was as follows: Braig voted for Allen, Foster and Vanden Heuvel; Cline voted for Allen, Gassman and Vanden Heuvel; Connors voted for Allen, Gassman and Vanden Heuvel; Duggan voted for Allen, Foster and Gassman; Markham voted for Allen, Foster and Gassman; Michalski voted for Allen, Gassman and Vanden Heuvel; Nicholson voted for Allen, Gassman and Vanden Heuvel. Therefore, Anthony Allen and Mary Gassman were appointed and Vincent Vanden Heuvel was reappointed to three year terms on the Human Rights Commission which will expire January 1, 2009. ITEM TO BE SET FOR PUBLIC HEARING Amended and Restated Garfield Place Urban Revitalization Area Plan: City Manager recommending that a public hearing be set for February 6, 2006 to consider amending the Garfield Place Urban Revitaiization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 548-05 A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO AMEND CITY OF DUBUQUE ORDINANCE 7-2004 ESTABLISHING THE AMENDED AND RESTATED GARFIELD PLACE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. Whereas, the City of Dubuque Ordinance No. 82-2000 estabiished the Garfield Place Urban Revitalization Area; and Whereas, the City of Dubuque Ordinance No. 38-2002 estabiished the Amended and Restated Garfield Place Urban Revitaiization Area; and Whereas, the City of Dubuque Ordinance No. 7-04 estabiished an Amended and Restated Garfield Piace Urban Revitalization Area; and Regular Session, December 19, 2005 Whereas, two 19 room single room occupancy (SRO) have been constructed at 511 and 513 Garfield and a 12 room SRO at 521 Garfield in the Garfield Place Urban Revitalization Area; and Whereas, due to the request by Davis Place LLC, owner, to extend the district and construct another 12 room single room occupancy (SRO), an amendment to the Garfield Place Urban Revitalization Area Plan is necessary; and Whereas, the area proposed for the amended and restated designation under the Urban Revitalization Act is an economic development area appropriate for housing and residential development as defined by Section 403.17 of the Iowa Code; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shail be held on any proposed amendment of an Urban Revitalization Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation, redevelopment and economic development of the hereinafter described area is found to be necessary in the interest of the public health, safety and weifare of the residents of the City, to wit: Lot 1, Lot 2 and Lot 3 of Davis Place ii, Lot 1 and Lot 2 Scharle Subdivision and Lot 1 of Cook's Addition in the County of Dubuque, City of Dubuque, Iowa, according to the recorded plat thereof, commonly known as 511, 513, 515 and 521, 525/527 and 601 Garfield Avenue. Section 2. That the Amended and Restated Garfield Place Urban Revitalization Area Plan as proposed meets the eligibility criteria of Chapter 404.1 of the Code of Iowa, 2001. Section 3. That the proposed Amended and Restated Garfield Place Urban Revitalization Area Plan attached hereto, shail be a matter of record and shall be available for pubic inspection in the office of the City Clerk at City Hail, 50 West 13th Street, Dubuque, Iowa. Section 4. That the City is authorized and directed to submit the Amended and Restated Garfield Place Urban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment; and Section 5. That the City Clerk is directed to publish notice of a public hearing on the Amended and Restated Garfield Place Urban Revitalization Area Plan to be held on February 6, 2006 at 6:30 p.m. in the Carnegie Stout Library Auditorium, 360 West 11th Street, Dubuque, Iowa 52001; and Section 6. That the owners of record and tenants living within the proposed area wiil be notified by the thirtieth day prior to the public hearing. 435 Passed, approved and adopted this 19th day of December 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution with public hearing set for 2/6/06 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. PUBLIC HEARINGS Connors moved that the rules be suspended to ailow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. 4755/4855 Old Highway Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 4755/4855 Old Highway Road and Parcel #10- 29-451-008 from R-3 Moderate Density Multi- Family Residential District to C-3 General Commercial District as requested by Joseph Walbrun/Joan O'Toole/James Hauber/Madeline and Albert Kotz and Zoning Advisory Commission recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4755 and 4855 Old Highway Road and Parcel #10-29-451-008 from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 68-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4755 AND 4855 OLD HIGHWAY ROAD AND PARCEL #10-29-451-008 FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District, to wit: 436 Regular Session, December 19, 2005 Lot 2 of Lot 1 of Lot 1 of Lot 1 SW Y. SE Y. and Lot 1 of 2 of 1 of 1 of 1 of 1 SW y., SE y., and Lot 2 of 2 of 1 of 1 of 1 of 1 SW Y. SE Y. Section 29, T89N R2E, and to the centerline of the adjoining public ri9ht-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. lh Passed, approved and adopted this 19 day of December 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22"" day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/22 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. Seconded by Nicholson. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Alter Scrap Processing - Request to Rezone: Communication from Dawne O'Meara, General Manager of Alter Scrap Corporation, withdrawing the application to rezone; Proof of publication on notice of hearing to consider rezoning property located at 190 North Crescent Ridge from CS Commercial Services and Wholesale, C-3 General Commercial and AG Agricultural District to PI Planned Industrial District and Zoning Advisory Commission recommending denial; and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of North Crescent Ridge Road from CS Commercial Service and Wholesale, C-3 General Commercial and AG Agricultural Districts to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a Conceptual Development Plan, with conditions, for Alter Trading Corporation, presented and read. Cline moved that this be received and filed and item withdrawn. Seconded by Nicholson. Motion carried 7-0. Mayor Duggan turned control of the Meeting to Mayor Pro-Tern Connors due to possible conflict of interest. River Pointe Development, LLC - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development with a PR Planned Residential designation and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two- Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions, presented and read. Attorney Steve Juergens, representing River Pointe Development, spoke of the history of the project and stressed the experience of the developer, A.J. Spiegel, and the modifications made to the original plan. He stated the first building would be on the same footprint as the Villa had been and that stabilization studies would be completed prior to construction. A.J. Spiegel, 8650 Enterprise Dr., Peosta, Iowa, spoke of this being a long-term project that would bring income to the City and no financial incentives/assistance would be requested. Jon Harvey of Stott & Associates, gave the timeline of the development. Tony Zelinskas of WHKS reviewed the traffic study impact. Discussion ensued about the zoning, the outline of the buildings, the adequacy of the water and sewer, stormwater management and fire protection, the millions of dollars of taxes into the City each year, and the continuation of the positive development of the City. Nick Lucy, 783 Fenelon Place, spoke commending Mr. Spiegel on his vision but objected to the increase in traffic and requested the high rises be put in the Port of Dubuque rather than on the bluff. SA Sutton, 1875 Custer, spoke objecting to the proposed rezoning, stating Mr. Spiegel knew of the zoning restrictions when he purchased the property, which includes graves. She stated that Dubuque's integrity needed to be fought for. Sr. Margaret Ann, 3390 Windsor, spoke requesting a compromise be considered, with possibly 3-6 stories of condo units on the west side and park area on the east side. Gene Manternach, Cascade, lA, spoke positively of all that has been done by this Council and stated this is visionary and would be a focal point for the City. Dr. Darryl Mozena, 900 W. Third, spoke stating the traffic study did not take into account the accidents at Third and Hill Streets and other flaws in the study. Regular Session, December 19, 2005 Father Koons of St. John the Baptist Parish in Peosta, IA spoke commending Mr. Spiegel as a community minded straight shooter who has done great things in Peosta. Matthew Wolf, 1409 Loras, spoke questioning specifics of the cost and view of the units. Ron Snyder, 1830 Scenic View, stressed that this would be a jewel for Dubuque. Dr. Charles Winterwood, 1555 Montrose Terrace, of the Long Range Planning Advisory Commission, spoke stating the Commission advised this development is too large and not consistent with the comprehensive plan. Dan Hammel, 2201 Decorah, spoke in support of the project stating the traffic problems can be worked out. Jeff Nagle, 255 Keliy's Bluff, spoke in opposition to the scale and density of the proposed project, stressing that the nearby area can't handle the heavy construction that would take years. Robert Murphy, Attorney for Nagle Publications, spoke objecting to various issues including traffic, environment, and aesthetics. Dave Baker, 3055 Cottonwood Lane, spoke of the positive effect this would have on the labor force. John Bosford, 288 Keliy's Bluff, spoke objecting because of it being a burial place, effects of blasting and the possible height effects with electrical transmission and sunlight. Ellen Henkels, 890 W. Third Street, spoke objecting to the height and density of the project. Terry Mozena, 900 W. Third St., spoke objecting to this single project dominating the bluff. Patricia Caliahan, 180 Cardiff, spoke objecting because of blasting, drilling, and traffic effects. Jeff Kass, 1555 Kane St., stated there are lots of bad intersections in town but this project looks good. Tom Weidemann, 162 Cardiff, spoke to traffic concerns but felt they could be addressed, however, his major concern was with the proposed one-side parking limitation. John M. Ward, spoke opposing the size and questioned transportation for the elderly. Attorney Dave Hammer, 720 Laurel, spoke objecting to the skyscraper size of the condos. Jeanne COliins, 243 Cardiff, spoke objecting to the project because of its size. Brian Martins spoke in support of the project. Gene Tuliy, 448 Summit, spoke requesting that the project have a realistic scale. Rick Dickinson, GDDC, 816 River Street, Sabula, IA spoke positively of the proposed project. Dave Heim, 2480 Knob Hili, spoke requesting the City look at the pros and stated that the concerns can be addressed. 437 Ron Thielen, 946 St. Catherine, Believue, spoke in agreement with Dave Baker, stating that the problems can be worked out. Dan Splinter, 10038 Rio Vista Dr., spoke favorably of the project. Steve Mosiman, 1000 Clarke Drive, spoke requesting that this property be considered for a park. Bonnie Weidemann, 162 Cardiff, objected because of the density and traffic. Francine Banworth, 985 S. Grandview, spoke objecting because of the excavation necessary for the garages and that the City should protect our bluffs. Jeff Hirsch, Craig Breitbach, Ron Vaughn, Bruce Bessler, Rick Ackley, spoke in favor of the project. Frank Belcastro spoke objecting to the increased traffic. Dick Vorwald spoke stating he would agree to a downsized project. After Council discussion, Markham moved to receive and file the documents and consider this the first reading of the Ordinance and to recess the public hearing to consider only the new information presented in response to specific concerns raised by citizens and Council. Seconded by Cline. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. United Rental Building Demolition and Site Clearance Project: Proof of publication on notice of hearing to consider approval of the plans and specifications for the United Rental Building Demolition and Site Clearance Project and City Manager recommending award of the contract to Tri-State Development Company in the amount of $11,999, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried with Cline briefiy out of the room. RESOLUTION NO. 549-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11 th day of November, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Former United Rental Building Demolition and Site Clearance 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. 438 Regular Session, December 19, 2005 Passed, adopted and approved this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried with Cline briefly out of the room. RESOLUTION NO. 550-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Former United Rental Building Demolition and Site Clearance Project pursuant to Resolution No. 504-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11'h day of November, 2005. Whereas, said sealed proposals were opened and read on the 8th day of December, 2005, and it has been determined that the bid of Tri-State Development Co. of Dubuque, Iowa, in the amount of $11 ,999.00 was the lowest bid for the furnishin9s of all labor and materials and performing the work as provided for in the construction documents. 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 Tri-State Development Co. and the Manager be and is hereby directed to execute a contract on behaif of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 551-05 AWARDING CONSTRUCTION CONTRACT FOR THE FORMER UNITED RENTAL BUILDING DEMOLITION AND SITE CLEARANCE PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Former United Rental Building Demolition and Site Clearance Project to Resoiution No. 504-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of November, 2005. Whereas, said sealed proposals were opened and read on the 8th day of December, 2005, and it has been determined that the bid of Tri-State Development Co. in the amount of $11,999.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. 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 Tri-State Development Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0 with Cline briefly out of the room. Parking Ramp Restoration Project: Proof of publication on notice of hearing to consider approval of the plans and specifications for the Parking Ramp Restoration Project and City Manager recommending award of the contract to Brent Anderson Associates, Inc., in the amount of $960,955, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 552-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 17th day of October, 2005, plans, specifications, form of contract and estimated costs were filed with the City Clerk of Dubuque, Iowa for the Municipal Parking Garage Restoration Project (Locust Street Parking Ramp and Iowa Street Parking Ramp). Whereas, notice of hearin9 on plans, specifications, form of contract, and estimated costs 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 costs are hereby approved as the plans, specifications, form of contract and estimated costs for said improvements for said project. Passed, adopted and approved this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Regular Session, December 19, 2005 RESOLUTION NO. 553-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Municipal Parking Garage Restoration Project (Fiscal Year 200512006) pursuant to Resolution No. 486-05 and notice to bidders published as required. Whereas, said sealed proposals were opened and read on the 1 st day of December, 2005 and it has been determined that the bid of Brent Anderson Associates, Inc. of Fridley, Minnesota, in the amount of $960,955.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above restoration project be awarded to Brent Anderson Associates, Inc. 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. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Mayor Duggan turned control of the meeting over to the Mayor Pro-Tem due to possible conflict of interest. Arc Design Resources, Inc. / QHQ Properties (Second Reading December 5, 2005): City Manager submitting a revised ordinance for the Arc Design Resources, Inc. / QHQ Properties rezoning for the proposed development of a Sam's Club; Communication from Chuck Nauman regarding the Arc Design Resources, Inc. / QHQ Properties rezoning request, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 6-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of DUbuque Code of Ordinances by reclassifying hereinafter described property located at the northeast corner of the Northwest Arterial and Asbury Road from C-3 Generai Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Sam's Club, with said 439 Ordinance having been given the first reading on 11/21/05 and the second reading on 12/5/05, now presented for final action. OFFICIAL PUBLICATION ORDINANCE NO. 69-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED NORTHEAST CORNER OF THE NORTHWEST ARTERIAL AND ASBURY ROAD FROM C-3 GENERAL COMMERCIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS FOR SAM'S CLUB. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3 General Commercial District to PUD Planned Unit Deveiopment with PC Pianned Commercial District, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions, for Sam's Club, for hereinafter described property as shown in Exhibit A, 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 (2003) and as an express condition of this zoning 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 this zoning reclassification. A. Definitions 1. Building-related features: Building-reiated 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.AI! exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment 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 440 Regular Session, December 19,2005 d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes 3. Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced pedestrian areas such as 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. S. Use Regulations The following regulations shall apply to all land in the above-described PUD District: 1. Principal permitted uses shall be limited to: a. Retail sales/service [17] b. Supermarket [17] c.lndoor restaurant [20] d. Drive-in/carry-out restaurant [28[ e. Gas station [18] f. General offices [14] g. Automated gas station [18] h. Seif-service carwash [8] i. Full-service carwash [8] [ ] Parking group - See section 4-2 of the Zoning Ordinance. 2. Conditional uses: None. 3. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section2- 5.3 and as defined in Section 8 of the Zoning Ordinance. C. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1. All building-related features, vehicle-related features and open space features of the retail center shall be located in substantial conformance with the attached conceptual plan. All final site development plans shall be approved in aocordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. D. Parking Regulations 1. All vehicle-related features shall be surfaced with either hot-mix asphalt or Portland cement concrete. 2. Curbing and proper surface drainage of storm water shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development of the lot. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. 7. Internal private roadways shall have pavement markings, signage and posted speed limits consistent with City street requirements, subject to review and approval by the City Engineering Department. E. Landscaping Requirements 1. Plant Materials: The open space areas of the retail center shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to the property: a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. Parking areas located adjacent to right-of- way shall be screened with a combination of trees, shrubs or berms to provide a landscape screening of 35% opacity and three feet in height within three years of planting. 2. Landscape islands shall be provided at the end of parking rows with intermediate islands provided for parking rows exceeding 20 spaces. 3. An evergreen screen shall be planted along the east property line adjacent to the Resurrection Church property. In addition, a fence shall be installed along this same property line similar to the existing fence along the east side of the Resurrection Church property. 2. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. The required landscaping shall be installed within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever oocurs first. 3. The owner shall replant any and all plant materials, which have died due to any cause Regular Session, December 19, 2005 during the effective period of this PUD Ordinance. F) Sign Regulations 1. Signage in the PUD District shall be limited to the following: a. Sam's Club Wall-mounted Signs: Maximum size: No sign shall exceed 160 square feet, maximum of 600 square feet of wall-mounted signage. Maximum number: unlimited Maximum height: below eave or parapet b. Sam's Club Freestanding Signs: Maximum size: 150 square feet Minimum number: one (1) freestanding sign Maximum height: 35 feet c.Gas Station: Wall-mounted signs: Maximum size: No sign shall exceed 45 square feet, maximum of 180 square feet of wall-mounted signage. Maximum number: Four (4) canopy mounted signs. d. Directional Signs: Maximum size: 6 square feet Maximum number: unlimited Maximum height: 10 feet 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 3. Lighting: Signs may be illuminated only by means of indirect lighting whereby all lighting sources and devices are shielded from view by opaque or translucent materials or internally illuminated by means of a light source completely enclosed by the sign panel. 4. Motion: No signs may include any device or means, mechanical, electrical, or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. 5. The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. G. 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 shall include the following additional standards: 1. Off-site Public Improvements to City and State Right-of-Way: Wal-Mart Stores, Inc. shall be responsible for the design, engineering, inspection and construction and all of the costs (except as otherwise stated herein) associated with the following off-site improvements: a. That roadway improvements to Asbury Road and the Northwest Arterial intersections, including platting and dedication of adequate right-of-way and relocation of affected existing utilities as shown on attached conceptual pian. The following improvements are included: 441 Asbury Road shall be configured to have two westbound thru- lanes, a new right turn only lane serving the new commercial development, and a new right turn only lane at the intersection of the Northwest Arterial and Asbury Road, including any intersection and signal modifications at that intersection. Asbury Road shall be configured with an additional eastbound thru-Iane from the Northwest Arterial/Asbury Road intersection to the new access serving the Sam's Club property. The City shall construct the additional eastbound thru-Iane according to prevailing City standards and specifications for such improvements, utilizing funds placed on deposit by Wal-Mart Stores, Inc. for that purpose under the terms of an escrow agreement to be entered into between Wal-Mart Stores, Inc., the City and a corporate trustee (selected by Wal-Mart Stores, Inc. and reasonably acceptable to the City) prior to the date of closing on the acquisition of the Sam's Club property. The escrow account shall be used to reimburse the City for all costs associated with the eastbound thru-Iane, including but not limited to the costs for land acquisition, design, engineering, construction and inspection; provided, however, that Wal-Mart Stores, Inc. shall not be obligated to deposit more than $250,000 in the escrow account, and the City shall not be obligated to use any other City funds for the purpose of constructing the eastbound thru-Iane in the event that the amount on deposit in the escrow account shall be insufficient for the purpose. The escrow agreement shall provide in substance that the account shall be accessible by the City upon notice to but without the consent of Wal-Mart Stores, Inc., and the escrow agreement shall otherwise be in a form acceptable to the City in all respects. Notwithstanding the foregoing, completion of the additional eastbound thru-Iane by the City shall not be a condition to issuance of any permits in connection with the development of the Sam's Club property. Further, the Wal-Mart Contribution shall represent the maximum liability of Wal-Mart to fund or participate in the cost of such improvements, including, but not limited to, any costs associated with easements or rights of way from third parties necessary to complete such improvements. Signal and intersection design, construction and installation for the proposed new access to Asbury Road, including interconnection of the new signal to the existing interconnect system at Northwest Arterial/Asbury Road and providing emergency pre-emption equipment and battery back-system similar to existing signals in the area. Signal and intersection design and modification for the proposed access to the Northwest Arterial and Plaza Drive including any modifications to signal interconnect between the 442 Regular Session, December 19, 2005 Northwest Arterial/Plaza Drive intersection and the Northwest Arterial/Asbury Road intersection and providing emergency pre-emption equipment and battery back-system similar to existing signals in the area. Intersection design and construction for the proposed right-in/right out intersection with the Northwest Arteriai located 1,000 feet north of the Northwest Arterial/Asbury Road intersection. b. Instaliation of sidewalks along the north side of Asbury Road right-of-way removed or damaged during construction. c.AII off-site public improvements are subject to applicable City of Dubuque and Iowa Department of Transportation ("IDOr) review procedures, standards, regulations and construction practices. d. Wal-Mart shall, without charge to the City, upon completion of any public improvements contemplated herein, unconditionally give, grant, convey and fully dedicate such improvements to the City, its successors and assigns free and clear of all encumbrances. Such public improvements shall be inspected and approved by the City prior to acceptance in accordance with City Standards. Wal-Mart shall be responsible for any applicable inspection fees, provided that such fee shall not exceed 5% of the cost of such public improvements with no further City requirements for inspection of such improvements except as stated herein. All such improvements and perpetual maintenance thereof will be accepted by the City according to the City's standard specifications. 2. Off-site improvements to surrounding private property: Wal-Mart Stores, Inc. shall be responsible for the design, engineering, inspection and construction and all of the costs associated with the following: a. Improvements to property owned by the Church of the Resurrection: Upgrade the existing six-inch sanitary sewer line to eight-inch along the same approximate alignment through the church property. Provide private roadway access as shown on attached conceptual plan on south side of Sam's Club Planned Unit Development District to provide Resurrection Church members access to new intersection on Asbury Road and closing the existing westernmost access to the church property. Provide an access to the new private roadway serving the north side of the Sam's Club Planned Unit Development District to provide Resurrection Church members access to the Northwest Arteriai and Plaza Drive. b. Improvements to property owned by QHQ Properties: Provide access to the new private roadway to owner(s) of out lots #1 and #2. The grade of the access drive shall not exceed five percent unless an alternate design is approved by the property owner. The design of the access shall be reviewed and approved, in writing, by the property owner(s) of said out lots prior to final approval of the Sam's Club site plan by the City of Dubuque. Provide access via a new private roadway to property owned by QHQ Properties on the north side of Sam's Ciub Planned Unit Development District in a manner acceptable to the property owner(s) of said property. The design of the access shall be reviewed and approved, in writing, by the property owner(s) of said property prior to final approval of the Sam's Club site plan by the City of Dubuque. That sanitary sewer service or a sanitary sewer easement shall be extended through the Sam's Club Planned Unit Development District to serve QHQ's property to the north and south in a manner acceptable to QHQ Properties and the City of Dubuque. That grading of out lots #1 and #2 shall occur concurrently with the grading of the Sam's Club property to facilitate access and utility service. c.improvements to property owned by Chuck Nauman: Provide access to the new private roadway from property owned by Chuck Nauman. The grade of the access drive shall not exceed five percent unless an alternate design is approved by the property owner. The design of the access shail be reviewed and approved, in writing, by the owner of said property prior to final approval of the Sam's Club site plan by the City of Dubuque. That sanitary sewer service or a sanitary sewer easement shall be extended through the Sam's Club Planned Unit Development District to serve Chuck Nauman's property in a manner acceptable to the property owner and the City of Dubuque. That grading of Chuck Nauman's property shall occur concurrently with the grading of the Sam's Club Planned Unit Development property to facilitate access and utility services. In the event that development of the Nauman property is delayed, Wal-Mart Stores, Inc. may proceed with site grading independent of the grading of Chuck Nauman's property. 3. Site Lighting: a. Exterior illumination of the site features shall be limited to the illumination of the foilowing: 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting fixtures shall be designed and installed to shield lighting at angles above 72 degrees from vertical. Regular Session, December 19, 2005 2. A lighting plan shall be included as part of the site plan submittai that indicates types of lights used and ground light pattern for lighting of building and parking-related features. 3. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 4. Wooden utility-type poles are acceptable only for temporary use during construction. 5. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 4. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 5. Other Codes and Regulations a. Service Lines: All electrical telephone, cable or other similar utility lines serving the building and other site features shall be located underground. b. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related features unless otherwise exempted by Section 4-4. c.Outdoor sales are regulated through the temporary use permit process. d. The use of semi-trailers and shipping containers for storage is prohibited. e. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. H, 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 and agrees to comply with the conditions authorizing the establishment of the PUD District. 443 I. 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. J.Occupancy No certificate of occupancy ("CO") shall be issued by the City of Dubuque for the property until full compliance with this Ordinance has been achieved provided, however, that the City may issue a temporary CO which shall allow for the operation of structures located thereon, in preparation of opening a retail facility, including, but not limited to the installation of fixtures and stocking and staffing of the facility, and the City may, in its sole discretion, amend such temporary CO as it detenmines necessary for the operation of a retail facility pending completion of landscaping or such other outstanding requirements for the final CO as deemed reasonable by the City of Dubuque. K. Recording 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 60 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and hislher heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of December 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 69-05 I, Michael E. Gardner, Assistant Vice President representing Wal-Mart Stores, Inc., purchaser, havin9 read the terms and conditions of the foregoing Ordinance No. 69-05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 19th day of December 2005. Isl Michael E. Gardner Assistant Vice President ACCEPTANCE OF ORDINANCE NO. 69- 05 I, Tim aua9liano, representing aHa Properties, property owner, having read the terms and conditions of the foregoing Ordinance No. 69-05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 19th day of December 2005. 444 Regular Session, December 19, 2005 Isl Tim Quagliano Published officially in the Telegraph Herald newspaper this 22"" day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/22 Michalski moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. Brewery Neighborhood Conservation District: This item has been piaced on the agenda as requested by Council Member Dan Nicholson at the November 21, 2005 City Council meeting. City Manager advising that John Gronen will provide an update on efforts to save the Dubuque Brewing and Malting Company building, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Dave Stuart, 1470 Locust, spoke positively of the saving of the Dubuque Brewery and Malting Company Building. Jerry Enzler, Dubuque County Historical Society, spoke of the building being placed on the Nationai Register of Historic Piaces in 1977 and then de-listed at the request of the owner. Mr. Enzier offered his time to write the grants necessary for funding improvements. John Gronen spoke clarifying the ownership of the two parts of the building and asked that the requested Conservation District be kept in piace. Timber-Hyrst Estates: Zoning Advisory Commission recommending approval of the preliminary plat of Timber-Hyrst Estates and waiving the 31-foot street width and allowing 27 feet of paving provided on-street parking is restricted to one side only as requested by Marty McNamerlNorth Cascade Road Developers, LLC., presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Visiting Nurse Association - Request for Four- Way Stop Intersection: City Manager recommending approval of the installation of stop signs on Iowa Street at West Fifteenth Street to make it a four-way stop intersection as requested by the Visiting Nurse Association Board of Directors, presented and read. Connors moved that the communication be received and fiied. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by deieting a portion of Iowa Street from Subsection (b) of Section 32-213 thereof providing for the designation of through streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 70-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING A PORTION OF IOWA STREET FROM 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 deleting Iowa Street from Subsection (b) of Section 32- 213 thereof as follows: Sec. 32-213. Throuah Streets. * * Iowa Street, from the north property line of East First Street to the south property line of West Seventeenth Street. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Iowa Street to Subsection (b) of Section 32-213 thereof as follows: Sec. 32-213. Throuah Streets. * * * Iowa Street, from the north right-of-way line of West Fourth Street to the south right-of-way line of West Fifteenth Street. Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Teiegraph Herald newspaper this 2200 day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/22 Connors moved that the requirement that the 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. Seconded by Nicholson. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Iowa Street at West Fifteenth Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 71-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR Regular Session, December 19, 2005 445 THE ADDITION OF STOP SIGNS ON IOWA STREET AT WEST FIFTEENTH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Iowa Street and West Fifteenth Street to Subsection (b) of Section 32-214 thereof as follows: Sec. 32-214. Stoo Intersections. * * * * NORTHBOUND AND SOUTHBOUND Iowa Street and West Fifteenth Street Passed, approved and adopted this 19th day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 22"' day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/22 Connors moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Connors moved final consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0. Dubuque Humane Society: City Manager recommending approval of a request from the Dubuque Humane Society to waive the "no dogs allowed" restriction to allow use of the Riverwalk, American Trust River's Edge Plaza and the Alliant Energy Amphitheater to conduct the 2006 "Strut Your Mutt" fundraiser, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances Section 34-54 Prohibiting Dogs in City Parks, authorizing the City Manager to allow dogs on the Mississippi Riverwalk for speciai events, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 72-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES ~ 34-54, PROHIBITING DOGS IN CITY PARKS, AUTHORIZING THE CITY MANAGER TO ALLOW DOGS ON THE MISSISSIPPI RIVERWALK FOR SPECIAL EVENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 34-54. Dogs, Cats, And Other Domestic Animals: No person shall be permitted to bring Into any park, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animals to run at large In any park. Any unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the following: Miller-Riverview park Granger Creek nature trail John G. Bergfeld recreation area The City Manager is authorized to permit dogs, cats or other domestic animals for special events on the Mississippi Rlverwalk for special events. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 19th day of December, . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published official!}' in the Telegraph Herald newspaper this 22" day of December, 2005. Jeanne F. Schneider, City Clerk 11 12/22 Cline 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. Seconded by Connors. Motion carried 7-0. Cline moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Shot Tower Drive - Property Acquisition: City Manager recommending approval of an addendum to the Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad Company for the purpose of completing pUblic improvements for the Bell Street Extension (Shot Tower Drive), presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 554-05 APPROVING AN ADDENDUM TO THE RAILROAD REAL ESTATE PROPERTY ACQUISITION AGREEMENT BETWEEN THE CITY OF DUBUQUE (CITY) AND THE CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY FOR THE PURPOSE OF ACQUIRING PROPERTY TO COMPLETE PUBLIC ROADWAY IMPROVEMENTS. Whereas, the City Council on the 5th day of May, 2005 approved the Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad Company for the purpose of acquiring property to complete public improvements for the Bell Street Extension (Shot Tower Drive); and 446 Regular Session, December 19, 2005 Whereas, the Chicago, Central and Pacific Railroad Company proposes an Addendum to the Agreement, a copy of which is attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF DUBUQUE, IOWA: Section 1: That the Addendum to the Railroad Real Estate Property Acquisition Agreement between the City of Dubuque and the Chicago, Central and Pacific Railroad Company is hereby approved. Section 2: That the City Manager is authorized and directed to execute the Addendum on behalf of the City of Dubuque. Passed, adopted and approved this 19'h day of December, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Federal Initiatives/Council Priorities: City Manager recommending approval of the "City of DUbuque Priorities and Requests for Federal Appropriations." presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Council stated that Dubuque's booth at the National League of Cities was very well received. PUBLIC INPUT Bud Isenhart spoke thanking Mayor Duggan and Council Members Markham and Nicholson for their service and requested the new Council bring in good paying jobs to Iowa. John M. Ward, 1856 Leiser Lane, spoke requesting help for the Gannon Center. At 10:19 p.m. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(C)0) 2005 Code of Iowa. Seconded by Nichoison. Motion carried 7-0. At 10.42 p.m. Councii reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nichoison. Motion carried 7-0. The meeting adjourned at 10:43 p.m. 11 12/28 /s/ Jeanne F. Schneider, CMC City Clerk Approved: 2006 Adopted 2006 Attest: City Cierk Mayor Council Members