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2002 December Council ProceedingsRegular Session, December 2, 2002 481 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 2, 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Cline, Markham, Michalski, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Present by Electronic Means (Telephone): Council Members Buol, Connors, Nicholson. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Sister Lynn Wagner, PBVM, Director of the Dubuque Food Pantry. CONSENT ITEMS Minutes Submitted: Cable Community Teleprogramming Commission of 11/12; Cable TV Regulatory Commission of 11/13; City Council of 11/18 and 11/25; Electrical Code Board of 8/30 and 11/18; Historic Preservation Commission of 11/19; Housing Code Appeals Board of 10/15 and 11/19; Housing Commission Trust Fund Committee of 10/29; Human Rights Commission of 10/14, presented and read. Michalski moved that the minutes be received and filed. Seconded by Cline. Motion carried 7- 0. Proof of publication of City Council Proceedings of November 4 and 7, 2002, presented and read. Michalski moved that the proofs be received and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Steven M. Ferring for property damage; Russell J. Fuhrman for property damage; Terry Gross for vehicle damage, presented and read. Michalski moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Cline. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Gross for vehicle damage, presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Cline. Motion carried 7-0. Corporation Counsel recommending denial of the claims of Mary M. Asbell for property damage; Steve Kafar for vehicle damage; and Dean Mattoon for vehicle damage, presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Cline. Motion carried 7-0. Corporation Counsel recommending that the claim of Steven Ferring for property damage be approved for payment and that the Finance Director issue check, presented and read. Michalski moved that the communication be received and filed and concurred and Finance Director to issue proper payment. Seconded by Cline. Motion carried 7-0. Citizen Communications: Communication from Jessica Barnes regarding musical performances at the Muddy Waters Coffee Shop, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 7-0. Communication from Bob Woodward, ArTS Dubuque, requesting that the City provide financial support for the operating budgets of the Dubuque Grand Opera House, Dubuque Museum of Art and Dubuque Symphony Orchestra for the year 2003, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 7- 0. Community Development Advisory Commission: Communication from Dan Shireman submitting his resignation from the Community Development Advisory Commission, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Code of Ordinance Supplement No. 56: City Manager recommending adoption of Supplement No. 56 to the City of Dubuque Code of Ordinances, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 621-02 ADOPTING SUPPLEMENT NO. 56 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of 482 Regular Session, December 2, 2002 Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 56 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 72-02 enacted through September 3, 2002 and prepared by the Sterling Codifiers, Inc, Coeur D' Alene, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Star Brewery Building Metal Addition and Wood Shed — Request to Demolish: Communication from the Historic Preservation Commission recommending that the request of the City of Dubuque to demolish a metal addition to the Star Brewery Building and a wood shed be approved, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Bell Block / Ziepprecht Buildings One -Story Rear Addition — Request to Demolish: Communication from the Historic Preservation Commission recommending that the request of Dubuque Bank and Trust to demolish a one- story rear addition for planned rehabilitation of the Bell Block and Ziepprecht Buildings be approved, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Flora Pool and Sutton Pool Water Playground Project: City Manager recommending acceptance of the Flora Pool and Sutton Pool Water Playground Project in the final contract amount of $758,045.50, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 622-02 ACCEPTING IMPROVEMENT WHEREAS, the contract for the FLORA POOL AND SUTTON POOL WATER PLAYGROUND PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 623-02 FINAL ESTIMATE WHEREAS, the contract for the FLORA POOL AND SUTTON POOL WATER PLAYGROUND 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 $758,045.50, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Comiskey Building Construction Project: City Manager recommending acceptance of the Comiskey Building Construction Project in the final contract amount of $381,015.99, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Regular Session, December 2, 2002 483 RESOLUTION NO. 624-02 ACCEPTING IMPROVEMENT WHEREAS, the contract for the COMISKEY BUILDING CONSTRUCTION PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 625-02 FINAL ESTIMATE WHEREAS, the contract for the COMISKEY BUILDING CONSTRUCTION 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 $381,015.99, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Appeal of FCC's Pasadena Franchise Fee Decision: City Manager recommending that the City contribute $5,000 to support a coalition of cities, the National League of Cities and NATOA in a court appeal of the FCC's Pasadena franchise fee decision, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Ice Harbor West Road and Trail Construction Project: City Manager recommending that Resolution No. 491-02 Awarding contract for the Ice Harbor West Road and Trail Construction Project be amended to correct the amount of the contract, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 626-02 AMENDING RESOLUTION NO. 491-02 AWARDING CONTRACT FOR THE ICE HARBOR WEST ROAD AND TRAIL CONSTRUCTION PROJECT Whereas, on September 16, 2002, the City Council passed Resolution No. 491-02 awarding the construction contract for the Ice Harbor West Road and Trail Construction Project in the contract amount of $2,447,166.67; and Whereas, the correct amount of the contract should have been $2,171,905.67. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Resolution No. 491-02 awarding the contract to Tschiggfrie Excavating Company in the amount of $2,447,166.67 be amended to correct the contract amount to be $2,171,905.67. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Dubuque Voluntary Annexation: Communication from the Iowa Department of Economic Development advising that the City Development Board has approved the voluntary annexation petition from the Grandview Avenue United Methodist Church as submitted by the City of Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Sign Agreement with Cooper Acquisition L.L.C. (Bricktown): City Manager recommending approval of an agreement with Cooper Acquisition L.L.C. (Bricktown) for the installation of a sign located in Bricktown's parking lot which would include a Port of Dubuque directional sign, a Bricktown parking sign, and an electronic reader board for advertising public events and Bricktown events, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Audubon Ark Project: City Manager recommending approval of a combined notice of finding of no significant impact on the 484 Regular Session, December 2, 2002 environment and notice of intent to request release of funds for the Audubon Ark project, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 627-02 A RESOLUTION AUTHORIZING PUBLICA- TION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR AUDUBON ARK PROJECT. Whereas, the Dubuque County Historical Society and the National Audubon Society have received an Economic Development Initiative (EDI) Grant in the amount of $240,000 from the U.S. Department of Housing and Urban Development, providing for financial assistance for the Audubon Ark project, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Audubon Ark project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of " Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Audubon Ark project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on December 23, 2002. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the City of Dubuque hereby consents to the jurisdiction of the federal courts in an action brought to enforce the City's responsibilities in relation to environmental review, decision-making and action in connection with the project. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Section 7. That the City Council of the City of Dubuque does hereby concur in the Release and Indemnification Agreement between the City of Dubuque, the Dubuque County Historical Society and the National Audubon Society for the Audubon Ark project and authorizes the Mayor to execute the agreement. Section 8. That the City Council of the City of Dubuque does hereby concur in the Supplement to the Memorandum of Agreement regarding construction of the Dubuque County Historical Society's River Discovery Center and authorizes the Mayor to execute the supplement agreement. Passed, approved and adopted this 2nd day of December 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Five Flags Civic Center Computer Software: City Manager recommending approval of the purchase of scheduling software for the Five Flags Center that is the same as the new conference and education center software, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Potential Rezoning — Tollbridge Inn Property: Communication from Bob Eichman regarding the potential rezoning of the present Tollbridge Regular Session, December 2, 2002 485 Inn property for the purpose of building a condominium complex, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Phase IV Historical/Architectural Survey Grant Agreement: City Manager recommending approval of a Certified Local Government (CLG) grant agreement for Phase IV of Dubuque's Architectural / Historic Survey / Evaluation, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 628-02 RESOLUTION AUTHORIZING THE SUB- MISSION OF AN APPLICATION FOR CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAM FUNDING TO CONDUCT AN ARCHITECTURAL/HISTORIC SURVEY. Whereas, the State Historical Society of Iowa has announced the availability of Certified Local Government Program (CLG) grant funds; and Whereas, the evaluation and survey of properties are eligible activities for CLG funding; and Whereas, the State Historical Society has advised that an architectural/historic survey is necessary for the renewal of a Memorandum of Agreement between the State and City for the purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed the proposed architectural/historic survey. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for CLG funds to conduct an architectural/historic survey is hereby authorized. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the State Historical Society of Iowa for CLG funds to conduct an architectural/historic survey. Section 3. That the Planning Services Manager is authorized to utilize budgeted Community Development Block Grant Funds to provide the required local match if the CLG application is approved by the State Historical Society of Iowa. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ConAgra Foods, Inc.: City Manager recommending approval of an amendment to the purchase agreement and acceptance of the deed to certain real property from ConAgra Foods, Inc., presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 629-02 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CONAGRA FOODS, INC. WHEREAS, the City of Dubuque entered into an Agreement on September 16, 2002 with ConAgra Foods, Inc. for the purchase of certain real property in Dubuque County, Iowa, described as follows: Lot 1 of PUBLIC SQUARE; Lot 1 of lot 20, lot 1 of lot 21, lot 1 of lot 22, lot 1 of lot 23, lot 1 of lot 24, lot 1 of lot 25, lot 1 of lot 26, lot 1 of lot 27, lot 1 of lot 28, lot 1 of lot 29, lot 1 of lot 30, lot 1 of lot 31, lot 1 of lot 32, lot 1 of lot 33, and lot 39A, all in Block 11; Lot 1 of lot 1 of lot 7, lot 1 of lot 8, lot 1 of lot 9, lot 10 except that portion thereof lying within right-of-way of Relocated Fourth Street, lot 11, lot 12, lot 13, lot 14, lot 15, lot 16, lot 17, lot 18, lot 19, lot 20, lot 21, lot 22, lot 23, lot 24, lot 25, lot 1 of lot 26, lot 1 of lot 27, lot 1 of lot 1 of lot 28, lot 39A, and lot 39B, all in Block 22; and Lot 1 of lot 1 of lot 16, lot 1 of lot 17, lot 1 of lot 18, and lot 19 except that portion thereof lying within right-of-way of Relocated Fourth Street, and Lot 39A, all in Block 26; all in Dubuque Harbor Improvement Company's Addition (also known and described as Dubuque Harbor Improvement Co.'s Addition), in the City of Dubuque, Iowa, according to the respective recorded Plats thereof. 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, Iowa, hereby accepts the Deed from ConAgra Foods, Inc., a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 486 Regular Session, December 2, 2002 Section 8 Computer System: City Manager recommending approval of an expenditure of $15,000 for purchase of a Section 8 Program software package, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Fiscal Year 2003 Annual Action Plan — Amendment #2: City Manager recommending approval of an amended and restated Fiscal Year 2003 Annual Action Plan for the City's Community Development Block Grant (CDBG) program, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 630-02 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2003 (PROGRAM YEAR 2002) ANNUAL PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2002 and 2003; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a public comment period beginning September 5 2002; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on October 9 2002, and has voted on November 13 2002 to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2002 and 2003 are hereby rescinded and the balance of funds from these plans is incorporated into an Amended and Restated Fiscal Year 2003 (Program Year 2002) Annual Plan - Amendment 2, attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2003 (Program Year 2002) Annual Plan - Amendment 2 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the City of Dubuque, on behalf of Dubuque Main Street, Ltd., is being awarded a $25,000 Community Development Fund Grant for the Dubuque — Vision Downtown project, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. North End Neighborhood Association: Communication from Wayne Klosterman, North End Neighborhood Association, submitting questions to be asked of HDR during the upcoming worksession, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Delinquent Sewer Charges: City Manager recommending the submission of delinquent sewer charges to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 631-02 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 31st of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. Regular Session, December 2, 2002 487 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 3922 Inwood Ave 10-12-181-001 Lot 53 & 54 O'Neill's North Dub Add $498.27 J Foht 723 Peru Rd 10-12-358-007 Lot 20 Maple Leaf Add #2 $599.08 3975 Inwood Ave Lot 39 & 40 O'Neill's North $435.17 1100 Roosevelt St Lot 4 Wersinger Sub $600.08 Vincent Ehrlich 333 Olympic Heights Rd 10-11-378-003 Lot 9 Blk 1 Olympic Heights $1869.15 Joe R Bitter 1460 Miller Rd 15-02-229-001 Lot 1-1-1-2-1-1-1-1-1-1-1 of Min Lot 499 $ 113.34 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 2na day of December 2002. Ricky J Hurst 10-12-177-005 Dub Add Gary Bernhard 10-12-201-003 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Delinquent Garbage and Refuse Collection Charges: City Manager recommending the submission of 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. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 632-02 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 31st, 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 hereinunder, owning the property thereby set forth, are delinquent in the payment of refuse collection NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Gary Bernhard 1110 Roosevelt St 10-12-201-003 Lot 4 Wersinger Sub $268.53 Mark Krolich 743 Louise St 10-12-356-004Lots 74 & 75 Maple Leaf Add #2 $291.68 Michael J. Schetgen 3922 Inwood Ave 10-12-181-001 Lot 53 & 54 O'Neill's North Dub Add $237.72 Thomas Henschel 1887 Miller Rd 15-02-129-004 PT Lot 2 Henschel-McNamer PI $445.16 J Foht 723 Peru Rd 10-12-358-007 Lot 20 Maple Leaf Add #2 $268.53 Ricky J Hurst 3975 Inwood Ave 10-12-177-005 Lot 39 & 40 O'Neill's North Dub Add $194.13 Gary Bernhard 1100 Roosevelt St 10-12-201-003 Lot 4 Wersinger Sub $267.53 Vincent Ehrlich 333 Olympic Heights Rd 10-11-378-003 Lot 9 Blk 1 Olympic Heights $573.31 Joe R Bitter 1460 Miller Rd 15-02-229-001 Lot 1-1-1-2-1-1-1-1-1-1-1 of Min Lot 499 $ 73.18 Max Rettenberger 5210 Olde Hwy Rd Lot 2-2 SE SW Sec 29 $436.31 Jeanie L Frommelt 3975 Jackson St No Description Per Courthouse $ 71.47 Terry Atkinson 45 Oak Grove Dr Lot 6 Blk 1 Fischer $132.94 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 488 Regular Session, December 2, 2002 respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 2nd day of December 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Dubuque Racing Association's Fiscal Year 2003 CIP Schedule: City Manager recommending approval of the Dubuque Racing Association's Fiscal Year 2003 CIP Schedule, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Business Licenses: RESOLUTION NO. 633-02 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Jumpers Sports Bar/Grill Inc Jerry Merrick 2600 Dodge St Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 634-02 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL) LICENSE Platinum Holdings LLC Grand Harbor Resort/VVater Park+ (Sunday/Outdoor Sale) 350 Bell CLASS "C" BEER/LIQUOR LICENSE Pepper Sprout, Inc. Pepper Sprout, Inc. 378 Main Pamela Arensdorf Instant Replay+ (Sunday Sale) 1602 Central Passed, approved and adopted this 2nd day of December, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Mediacom Franchise Extension: City Manager recommending that a public hearing be set for December 16, 2002 to consider an additional three-month lease extension of the existing Mediacom cable franchise, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 635-02 A RESOLUTION OF THE CITY'S INTENT TO GRANT A SHORT-TERM EXTENSION OF AN EXISTING CABLE SERVICES FRANCHISE AND AN EXISTING HUB SITE LEASE TO MCCIOWA L.L.C. Whereas, MCClowa, L.L.C. (Mediacom) is the current holder of a cable services franchise, embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 18, 2001; and Whereas, one of the side agreements is a lease to Mediacom to build and maintain a network hub on City -owned property located at 1585 West Third Street in Dubuque; and Whereas, the terms of the franchise and of the lease will expire December 31, 2002; and Whereas, representatives of the City of Dubuque and of Mediacom have entered into good faith negotiation of terms and conditions for the renewal of the franchise and the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the City of Dubuque intends to extend the term of the cable services franchise and the term of the lease to March 31, 2003 under the same terms and conditions as currently in effect; and Section 2. That the City Clerk is hereby authorized and directed to cause notices to be published of the proposed extension in the manner prescribed by law. Passed, approved and adopted this 2nd day of December, 2002 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set it for public hearing on 12/16/02 at a meeting to commence at 6:30 P.M. in the Regular Session, December 2, 2002 489 public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Commission: Environmental Stewardship Advisory Commission (Two unexpired 3 -year terms to expire 10/1/03 and 10/1/05). Applicants: Daniel Calvert and Mark Henning. Vote on the appointments was as follows: Markham voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Michalski voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Nicholson voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Buol voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Cline voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Connors voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Duggan voted for Calvert for the term to expire 05 and Henning for the term to expire 03. Therefore, Daniel Calvert was appointed to the term which will expire 10/1/05 and Mark Henning appointed to the term that expires 10/1/03. ACTION ITEMS Mississippi Valley Trucking Center, Inc./Miller Logging Company: City Manager recom- mending approval of the Offer to Buy Real Estate and Acceptance for Mississippi Valley Trucking Center, Inc. (William and Mary Miller/Miller Logging Company), presented and read. Markham moved that the communication be received and filed and recommendation approved. Seconded by Michalski. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—None. Abstain—Duggan. Municipal Cable / Telecommunications Feasibility Study RFP: City Manager recommending approval of the issuance of a Request for Proposals for a Municipal Cable/Telecommunications Feasibility Study for the City of Dubuque, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski noted with appreciation the Iowa Department of Economic Development CDBG $25,000 Vision Downtown Grant, the positive editorial in the Des Moines Register that day about Dubuque and also recognized the Cub Scouts and High School students that were in attendance at this Council Meeting. There being no further business, Cline moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 6:43 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 12/11 Approved: 2003 Adopted: 2003 Mayor Council Members Attest: City Clerk 490 Special Session, December 9, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 9, 2002 Council met in Special Session at 5:36 P.M. in the Library Auditorium Present: Mayor Pro -Tem Buol, Council Members Cline, Connors, Markham, Michalski, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Present by Electronic Means (Telephone): Council Member Nicholson. Absent: Mayor Duggan. Mayor Pro -Tem Buol read the call and stated this is a special session of the City Council called for the purpose of discussing the Stormwater Management Plan. Michael Conzett and Laurie Carrette of HDR Engineering gave a comprehensive presentation about the proposed Stormwater Management Plan. Council questioned various aspects of the plan and discussed the matter at length. Mike Portzen, 1865 Dallas Ct. and Wayne Klostermann of the North End Neighborhood spoke questioning various specifics of the proposed plan. There being no further business, Markham moved to adjourn. Seconded by Cline. Motion carried 6-0. The meeting adjourned at 7:55 P.M. /s/ Karen M. Chesterman Deputy City Clerk 1t 12/18 Approved: 2003 Adopted: 2003 Mayor Council Members Attest: City Clerk Special Session, December 16, 2002 491 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Monday, December 16, 2002 Council met for dinner at 4:15 P.M. in the Second Floor Library Rotunda Council met in special session at 4:51 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing the proposed Stormwater Utility. Assistant City Engineer Gus Psihoyos introduced individuals representing various segments of the community that were working together as the Citizen Advisory Committee for the Stormwater Utility. Steve Sedgewick of Camp Dresser & McKee (CDM), the Consultant for this project, presented various aspects of the proposed Stormwater Utility program and clarified those items of the presentation that all committee members had come to a consensus upon and those items that no consensus had yet been reached. He stated that over 7 cities in Iowa and 350 in the United States have a Stormwater Utility. Mike Portzen, as Chair of the Committee, spoke of various specifics of the project as did Mike Coty, Dave Stuart, Tracy Wagner, Bob Hartig and Ron Smith. Discussed were the City's aging infrastructure system, the design of the project, the 24.5 Million cost of the project, the possibility of raising funding from a variety of sources and the possible variability of fee amounts, concerns about bankrupting non-profit and religious facilities, whether a utility should have a sunset clause, and possible subsidies for tax exempt properties. Rev. Ken Bickel, Past President of DACU, Ron Smith of Dubuque Homebuilders, Bob Hartig and Dave Stuart as well as other committee members spoke voicing relevant concerns. There being no further business, upon consensus meeting adjourned at 6:11 P.M. /s/ Karen M. Chesterman Deputy City Clerk 1t 12/26 Approved: 2003 Adopted: 2003 Mayor Council Members Attest: City Clerk 492 Regular Session, December 16, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Monday, December 16, 2002 Council met in regular session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Invocation was given by Reverend Jeffrey F. Bullock, Ph.D., President of the University of Dubuque. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. CONSENT ITEMS Minutes Submitted: City Council of 12/2 and 12/9; Five Flags Commission of 8/19 and 9/16; Housing Code Appeals Board of 11/19; Human Rights Commission of 11/18; Long Range Planning Commission of 11/20; Park and Recreation Commission of 11/12, presented and read. Michalski moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Proofs of publication of City Council Proceedings of 11/18/02 and 11/25/02 and List of Claims and Revenues for month ending October 31, 2002, presented and read. Michalski moved that the proofs be received and filed. Seconded by Markham. Motion carried 7- 0. Council Proceedings of October 2002, presented and read. Michalski moved that the proceedings be approved as printed. Seconded by Markham. Motion carried 7-0. Finance Director submitting Financial Reports for the month ending November 30, 2002, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Chris E. Cullen for property damage; Welu, Inc. d/b/a Welu Printing Co. by Attorney E. David Wright for property damage, presented and read. Michalski moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. 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: Chris E. Cullen, E. David Wright for Welu, Inc. d/b/a Welu Printing Co., presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settle- ment of Ricky St. Claire claim in the amount of $108.69, presented and read. Michalski moved to receive and file the communication and concurred and Finance Director to issue proper payment. Seconded by Markham. Motion carried 7-0. Citizen Communication: John Steger objecting to zoning interpretation, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Michalski. Motion carried 7-0. 2002 Human Rights Annual Report: Human Rights Commission submitting their 2002 Annual Report, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. IDOT Agreement — U.S. Highway 20 Intersection: City Manager recommending approval of a pre -construction agreement between the City and the Iowa Department of Transportation for improvements to U.S. 20 within the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Markham requested clarification of the specifics of this Agreement which would include an intelligent travel control system and turn lanes at several intersections within the City of Dubuque. City Manager Michael Van Milligen and Public Works Director Mike Koch spoke and explained the details. RESOLUTION NO. 636-02 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO US 20 Whereas, the City agrees that the Iowa Department of Transportation shall construct traffic improvements on US 20 extending from Devon Drive westerly to the new "Menards" entrance which is located just beyond the old US 20 intersection; and Regular Session, December 16, 2002 493 Whereas, the Iowa Department of Transportation has prepared a pre -construction agreement between the City of Dubuque and the Iowa Department of Transportation for the installation of traffic signal interconnect from Devon Drive extending westerly to the west limits of the project at the new "Menards", and the installation of right- and left -turn lanes from Devon Drive extending westerly to Century Drive; and Whereas, the City Council of the City of Dubuque approves of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the pre -construction agreement between the City of Dubuque and the Iowa Department of Transportation for the construction of traffic signal and turn -lane improvements between the City of Dubuque and the Iowa Department of Transportation be and is hereby approved. Section 2. That the Mayor be authorized and directed to execute two copies of the pre - construction agreement between the City of Dubuque and the Iowa Department of Transportation. Passed, adopted and approved this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Dubuque Community Schools Request to Purchase Property: Communication from the Dubuque Community School District to vacate a portion of City alley abutting School District property at 330 Bryant Street, 340 Bryant Street, and 1280 Mt. Loretta St., presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Workers' Compensation Claim Settlement: Corporation Counsel requesting approval of a proposed settlement of Workers' Compensation claim of John Fitzgibbons, presented and read. Michalski moved that the communication be received and filed and approved request. Seconded by Markham. Motion carried 7-0. Grand River Center Request for Proposals for Creative Services: City Manager recommending approval of a Request for Proposal for creative development services for the Grand River Center, presented and read. Michalski moved that the communication be received and filed and approved request. Seconded by Markham. Motion carried 7-0. Dubuque County Historical Society contract with Scharff -Weisberg Amendment: City Manager recommending approval of an amendment to the contract with Scharff - Weisberg for National Scenic Byways Grant, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. The following item was removed at the request of the applicant: Plat of Survey, 1670 John F. Kennedy Road: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Kopp's JFK Addition No. 2 and Resolution Approving the Plat of Survey of Lot 1 and Lot 2 of Kopp's JFK Addition No. 2 in the City of Dubuque, Iowa. Plat of Survey, Rockdale Road: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton's Second Addition, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 637-02 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1-2 AND LOT 2-2 OF SHIPTON'S SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1-2 and Lot 2-2 of Shipton's Second Addition in the City of Dubuque, Iowa; and; Whereas, said plat provides Lot 1-2 with 0 feet of lot frontage where 50 feet of lot frontage is required; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1- 2 with 0 feet of lot frontage where 50 feet of lot frontage is required, provided that Lot 1-2 is labeled as "non -buildable." Section 2. That the Plat of Survey is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor 494 Regular Session, December 16, 2002 Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Downtown Planning Committee Membership: Communication of Long Range Planning Commission recommending adding two new members to the Downtown Planning Commission from Dubuque Initiatives and Dubuque Cultural Alliance, presented and read. Michalski moved that the communication be received and filed and approved. Seconded by Markham. Motion carried 7-0. Ice Harbor Maintenance Dredging Project — Acceptance: City Manager recommending acceptance of the 2002 Maintenance Dredging Project — Ice Harbor Flood Control Gate Structure in the final amount of $109,925.00, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 638-02 ACCEPTING IMPROVEMENT Whereas, the contract for the 2002 Maintenance Dredging Project — Ice Harbor Flood Control Gate Structure has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund and the 1% Local Option Sales Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 639-02 FINAL ESTIMATE Whereas, the contract for the 2002 Maintenance Dredging Project — Ice Harbor Flood Control Gate Structure 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 $113,001.00 and the said amount shall be paid from the General Fund and the 1% Local Option Sales Tax Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Civil Service Certification of Sanitation Driver Position: Civil Service Commission submitting certification of individuals tested for Sanitation Driver, presented and read. December 9, 2002 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Sanitation Driver was conducted on November 20, 2002. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Sanitation Driver Garry Clauer Tim Furlong Gary Nauman Nancy Otterbeck Ricky Fishnick Teresa Behnke Chad Berendes Ray Behnke Roger Becker Randy Ludowitz Respectfully submitted, /s/ Merle Duehr, Chairperson /s/ Loras Kluesner /s/ Richard Wertzberger Civil Service Commission Michalski moved that the above certification be made a matter of record. Seconded by Markham. Motion carried 7-0. Housing Tax Credit - Gronen Properties: City Manager recommending support of application for equity financing assistance for the Gronen Upper Main Revitalization Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 640-02 RESOLUTION AUTHORIZING THE CITY COUNCIL TO ENDORSE THE GRONEN PROPERTIES' APPLICATION FOR FEDERAL ASSISTANCE FOR A RENTAL HOUSING REHABILITATION PROJECT ON UPPER MAIN STREET Regular Session, December 16, 2002 495 Whereas, the federal government, through Section 42 of the Internal Revenue Code, offer incentives for rehabilitation of affordable rental housing which is made available to low- and moderate -income households; and Whereas, Gronen Properties has submitted an application for affordable housing tax credits in connection with a proposed project to rehabilitate 30 rental units, located at 1042, 1066, 1069, 1086 and 1091 Main Street; and at 248 West 11th Street in the City of Dubuque; and Whereas, indication of City support for the requested federal assistance is favorable to the Iowa Finance Authority's consideration of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque endorses and supports the application from Gronen Properties for tax credits to the Iowa Finance Authority, for the intended project located on Main Street. Section 2. The City Manager is hereby authorized and directed to forward this resolution to the Finance Authority. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. YMCA Drive — Habitat for Humanity Drainage Problem: City Manager responding to concerns from Habitat for Humanity as to drainage problems on YMCA Drive, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Asbury Plaza Detention Basin Response: City Manager responding to concern of Judy Riniker about water runoff near the Asbury Plaza area, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Transit Boarding Facility Architectural Services: City Manager requesting authorization to negotiate a contract for Architectural Services to design a Transit Boarding Facility, presented and read. Michalski moved that the communication be received and filed and approved the request. Seconded by Markham. Motion carried 7-0. Iowa Department of Economic Development Grant Agreement for Downtown Master Plan: City Manager recommending approval of an Agreement with the Iowa Department of Economic Development for a $25,000 grant from IDED's Community Development Fund for preparation of the Downtown Master Plan, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 641-02 RESOLUTION AUTHORIZING IOWA DEPARTMENT OF ECONOMIC DEVELOP- MENT GRANT AGREEMENT FOR DOWNTOWN MASTER PLAN Whereas, the City Council has made creation of a Downtown Master Plan a priority; and Whereas, the City Council has allocated $50,000 towards this project; and Whereas, the Iowa Department of Economic Development (IDED) has awarded the City a $25,000 grant from the IDED's Community Development Fund for this project; and Whereas, the Downtown Planning Committee has raised $25,000 in private donations; and Whereas, the Downtown Planning Committee and Planning Services Department will provide $2,500 in local in-kind match. 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 IDED grant agreement for creation of the Downtown Master Plan on behalf of the City of Dubuque. Section 2. The Planning Services Manager hereby is authorized to sign the IDED payment vouchers and to serve as the project manager and point of contact for this grant agreement. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Mississippi River Discovery Center Wetlands Site Package II: City Manager recommending authorization to execute a Supplemental Agreement for the Mississippi River Discovery Center (MRDC) Wetland Site Package II, Interior Walkways Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 642-02 RESOLUTION AUTHORIZING A SUPPLE- MENTAL AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE MISSISSIPPI RIVER DISCOVERY CENTER WETLAND SITE PACKAGE II, INTERIOR WALKWAYS PROJECT Whereas, the City of Dubuque is the sponsor of a Transportation Enhancement Grant for the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project; and 496 Regular Session, December 16, 2002 Whereas, the Dubuque County Historical Society wishes to bid the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project; and Whereas, the Iowa Department of Transportation will allow the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project to be bid locally after completion of a supplemental agreement with the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the Supplemental Agreement with the Iowa Department of Transportation to proceed with the local bidding of the Mississippi River Discovery Center Wetland Site Package II, Interior Walkways Project. Passed, adopted and approved this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Hardwoods Deeds: Corporation Counsel recommending acceptance of the deeds from Dubuque Hardwoods, Inc., Robert and Lynn Miller, and Midwest Hardwoods, Inc., presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 643-02 ACCEPTING THE DEEDS TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE HARDWOODS, INC. AND ROBERT AND LYNN MILLER WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Hardwoods, Inc. and Robert and Lynn Miller for the purchase of the following described real property in Dubuque County, Iowa: Market Square; Cypress Street, Wall Street, Washington Street and alleys located between the NE'LY line of Sixth Street and the NWLY line of Market Street and the SELY right of way line of the Canadian National Illinois Central Railroad in the City of Dubuque, Dubuque County, Iowa Lots 1, 2, 37, and 38 in Block 21 in Dubuque Harbor Improvement Co.'s Addition, In the City of Dubuque, Iowa, according to the Recorded plat of said Addition. Lots 15, 16, 17, 18, 19, 20, 21, and 22; and, That part of lots 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, and 14, lying southerly Of a line which is parallel to and 50 feet southerly from the Centerline of the Illinois Central Gulf Railroad Company's main Tract, as now located; all in Block 18, In Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof. Lot 1A of vacated alley in Block 18 of Dubuque Harbor Improvement Company's Addition from Market Square to the I.C.R.R. R.O.W. In the City of Dubuque, Iowa, according to the recorded Plats thereof. Lots 31, 32, 33, 34, 35, and 36, in Block 21, Lots 1 to 38, both inclusive, in Block 27, and Lots 31, 33, 34, and 35, in Block 28, All in Dubuque Harbor Improvement Co.'s Addition, In the City of Dubuque, Iowa, according to the Recorded plat of said Addition. Lots 1, 33, 34, 35, 36, in Block 20; Lots numbered 3 to 19, inclusive, in Block 21; That part of lots 2, 3, 4, 31 and 32, in Block 20, and, That part of lots 8 and 27, in Block 28, lying easterly of the Dubuque & Dunleith Bridge Company's right of way; Lots 1, 2, 3, 4, 5, 6, 7, 28, 29, 30, and 32, in Block 28; All in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the respective recorded Plats thereof. 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 Deeds from Dubuque Hardwoods, Inc. and Robert and Lynn Miller, copies of which are attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deeds with the Dubuque County Recorder. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 644-03 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM MIDWEST HARDWOODS, INC. WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Hardwoods, Inc. and Robert and Lynn Miller for the purchase of the following described real property in Dubuque County, Iowa: Market Square; Cypress Street, Wall Street, Washington Street and alleys located between the NE'LY line of Sixth Street and the NWLY line of Market Street and the SELY right of way line of the Canadian National Illinois Central Railroad in the City of Dubuque, Dubuque County, Iowa Lots 1, 2, 37, and 38 in Block 21 in Dubuque Harbor Improvement Co.'s Addition, In the City Regular Session, December 16, 2002 497 of Dubuque, Iowa, according to the Recorded plat of said Addition. Lots 15, 16, 17, 18, 19, 20, 21, and 22; and, That part of lots 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, and 14, lying southerly Of a line which is parallel to and 50 feet southerly from the Centerline of the Illinois Central Gulf Railroad Company's main Tract, as now located; all in Block 18, In Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof. Lot 1A of vacated alley in Block 18 of Dubuque Harbor Improvement Company's Addition from Market Square to the I.C.R.R. R.O.W. In the City of Dubuque, Iowa, according to the recorded Plats thereof. Lots 31, 32, 33, 34, 35, and 36, in Block 21, Lots 1 to 38, both inclusive, in Block 27, and Lots 31, 33, 34, and 35, in Block 28, All in Dubuque Harbor Improvement Co.'s Addition, In the City of Dubuque, Iowa, according to the Recorded plat of said Addition. Lots 1, 33, 34, 35, 36, in Block 20; Lots numbered 3 to 19, inclusive, in Block 21; That part of lots 2, 3, 4, 31 and 32, in Block 20, and, That part of lots 8 and 27, in Block 28, lying easterly of the Dubuque & Dunleith Bridge Company's right of way; Lots 1, 2, 3, 4, 5, 6, 7, 28, 29, 30, and 32, in Block 28; All in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the respective recorded Plats thereof. AND WHEREAS, the Agreement required that Dubuque Hardwoods, Inc. deliver to City a deed to the property from Midwest Hardwoods, Inc. to the City of Dubuque, a copy of which deed is attached hereto. 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 Deed from Midwest Hardwoods, Inc., a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Muddy Waters Business Response: City Manager responding to letter from Jessica Barnes concerning police enforcement at the Muddy Waters establishment at 18th and Central, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Application for EPA Brownfield Clean -Up Grant: City Manager recommending endorsement of the submission of an application for the EPA Brownfield Cleanup Grant Application for Petroleum Contaminated Property in the Port of Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 645-02 A RESOLUTION ENDORSING THE SUBMISSION OF A BROWNFIELD CLEANUP GRANT APPLICATION TO THE U. S. ENVIRONMENTAL PROTECTION AGENCY FOR CLEANUP ACTIVITIES IN THE PORT OF DUBUQUE. Whereas, the City of Dubuque is interested in promoting further economic development opportunities in the Port of Dubuque area in order to retain and attract new job creating businesses to this community; and Whereas, the City of Dubuque and its America's River partners are investing over $188 million in the Port of Dubuque; and Whereas, petroleum contaminated property in the Port of Dubuque may hinder further investment in and development of key riverfront property; and Whereas, the U. S. Environmental Protection Agency, through its Brownfield Cleanup Grant program, has monies available for the cleanup of contaminated properties owned by municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the U. S. Environmental Protection Agency for Brownfield Cleanup Grant funding in the amount of $200,000 to clean up petroleum contaminated property in the Port of Dubuque. Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the application for EPA Brownfield Cleanup Grant funding. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. EDA Grant for Adams Co. Acquisition: City Manager recommending approval of a contract with the Economic Development Administration for a $2 Million Grant for the Acquisition of the Adams Co., presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7- 0. 498 Regular Session, December 16, 2002 RESOLUTION NO. 646-02 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE ECONOMIC DEVELOPMENT ADMINISTRA- TION Whereas, the City Council of Dubuque has approved an application to the Economic Development Administration for a grant to assist in the acquisition of property owned by the Adams Company in the Port of Dubuque, relocation of the Company, and demolition of the existing facility (the Project); and Whereas, the Economic Development Administration (EDA) has announced the approval of a $2 Million grant for the Project; and Whereas, EDA has provided a contract to the City for the $2 Million grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached contract with EDA for a $2 Million grant to assist in the Project is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said contract to the Economic Development Administration together with other attachments as may be required. Passed, approved, and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 647-02 BEER Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 2320 Hwy 61 Iowa Oil Company (Sunday Sale) Molo Oil Company (Sunday Sale) Hy -Vee Inc. (Sunday Sale) 1000 Speede Shoppe+ 2150 Twin Valley Big 10 Mart+ 9th & Central Ave Hy -Vee # 2+ 4800 Asbury Rd Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 648-02 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B"(HOTELJMOTEL) LIQUOR LICENSE Design Center, Inc. Julien Inn+ (Sunday Sale) 200 Main St Kinseth Hotel Holiday Inn 5 -Flags+ (Sunday Sale) 450 Main St CLASS "C" BEER/LIQUOR LICENSE L & M Wharf Corp Michael's Bar X + (Sunday Sale) 2616 Windsor David Hoffman White House 450 W Locust The Moracco Inc. Moracco+ (Sunday Sale) 1413 Rockdale Rd Dubuque County Historical Ryan House+ (Sunday Sale) 1375 Locust St Bowling & Beyond Dubuque Inc Bowling & Beyond Dubuque+ (Sunday/Outdoor Sale) 1860 Hawthorne CLASS "B" WINE PERMIT Hy -Vee Inc. Hy -Vee # 2 4800 Asbury Rd Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Decorah Street Request to Vacate: City Manager recommending that a public hearing be set for January 6, 2003 to consider a request from Douglas and Jean Kapp and William and Carole Kubler to vacate and purchase a portion of Decorah Street east of Adair Street, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Regular Session, December 16, 2002 499 RESOLUTION NO. 649-02 RESOLUTION APPROVING PLAT OF PROPOSED VACATED DECORAH STREET EAST OF ADAIR STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 9th day of December, 2002, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Decorah Street east of Adair Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated 9th day of December, 2002, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 10A and Lot 11A of Woodlawn Park. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. An Ordinance Vacating Decorah Street East of Adair Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 98-02 ORDINANCE VACATING DECORAH STREET EAST OF ADAIR STREET Whereas, Douglas and Jean Kapp and William and Carole Kubler have requested the vacating of Decorah Street east of Adair Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Decorah Street east of Adair Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 10A and Lot 11A of Woodlawn Park, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Decorah Street east of Adair Street is no longer required for public use, except for utility easements as noted, and vacating of said portion of Decorah Street east of Adair Street known as Lot 10A and Lot 11A of Woodlawn Park, in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 10A and Lot 11A of Woodlawn Park, in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 10A and Lot 11A of Woodlawn Park. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 20th day of December, 2002. Karen M. Chesterman, Deputy City Clerk 1t 12/20 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 650-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 10A AND LOT 11A OF WOODLAWN PARK, CITY OF DUBUQUE, DUBUQUE, IOWA Whereas, the Douglas and Jean Kapp and William and Carole Kubler have requested the vacating of Decorah Street east of Adair Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Decorah Street east of Adair Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 10A and Lot 11A of Woodlawn Park in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Decorah Street east of Adair Street is no longer required 500 Regular Session, December 16, 2002 for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 10A and Lot 11A of Woodlawn Park in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 10A and Lot 11A of Woodlawn Park in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 10A of Woodlawn Park in the City of Dubuque, Iowa to Douglas and Jean Kapp be contingent upon the payment of $1,235.00 plus platting, publication and filing fees. Section 3. That the conveyance of Lot 11A of Woodlawn Park in the City of Dubuque, Iowa to William and Carole Kubler be contingent upon the payment of $1,235.00 plus platting, publication and filing fees. Section 4. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 10A and Lot 11A of Woodlawn Park. Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution and further set this for public hearing on 1/6/03 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 required by law. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Human Rights Commission (Three 3 -year terms to expire 1/1/06) Applicants: Cynthia Cechota, Penny Ehlinger, Joseph A. Hopkins, Marty O'Shea, Charles F. Ryan, Vincent J. Vanden Heuvel, and Kimberly Walsh Penny Ehlinger, Kimberly Walsh, Cynthia Cechota, Charles Ryan, and Marty O'Shea spoke requesting consideration for appointment. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to speak. Seconded by Nicholson. Motion carried 7-0. Mediacom Franchise Extension: Proof of publication on notice of hearing to consider an additional three-month lease extension of the existing Mediacom cable franchise and City Manager recommending approval and communication of Charlie Ellis, Chair of Cable Regulatory Commission, requesting that an extension be granted, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance extending the term of the existing Cable Franchise Agreement and Hub Site Lease of MCClowa, LLC to March 31, 2003, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 99-02 AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE FRANCHISE AGREEMENT AND HUB SITE LEASE OF MCCIOWA, L.L.C. TO MARCH 31, 2003. Whereas, MCClowa, L.L.C. (Mediacom) is the current holder of a cable services franchise, embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 18, 2001; and Whereas, one of the side agreements is a lease to Mediacom to build and maintain a network hub on City -owned property located at 1585 West Third Street in Dubuque; and Whereas, the terms of the franchise and of the lease will expire December 31, 2002; and Whereas, representatives of the City of Dubuque and of Mediacom have entered into good faith negotiation of terms and conditions for the renewal of the franchise and the lease. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The term of the cable services franchise and the term of the lease are hereby extended to March 31, 2002, with all the rights, privileges and responsibilities appertaining thereunto; and Section 2. The City Manager is hereby authorized to sign and administer the extension agreement on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 20th day of December, 2002. Karen M. Chesterman, Deputy City Clerk Regular Session, December 16, 2002 501 1t 12/20 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Embassy West Drive Sidewalk: Proof of publication on notice of hearing on amended plans and specifications to consider the Embassy West Drive sidewalk installation as part of the amended 2000 Sidewalk Installation Program and City Manager requesting direction, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. John Herrig, 13668 Surrey Lane, Dubuque, Iowa, spoke agreeing to install permanent sidewalks two years from this date and within sixty days will provide a walkway of crushed rock with a lime surface on the area in question. Buol moved that within sixty days a walkway of crushed rock with a lime surface be installed and that a two year extension from this date be given for permanent installation of a sidewalk. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 651-02 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE AMENDED 2000 SIDEWALK INSTALLATION PROGRAM Whereas, the City Council has proposed a Resolution of Necessity for the amended 2000 Sidewalk Installation Program and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: _X Adopted without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the day of , 2002, next at 6:30 P.M. in the Public Library Auditorium, which jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 652-02 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of December, 2002, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Amended 2000 Sidewalk Installation Program; and Whereas, the sidewalk abutting the property legally described as Hamel Place & 367 Cedar Cross has already been constructed by the abutting property owner; and Whereas, the City Council has determined that the property legally described as Embassy West Subdivision Bal Lot 1-1-A be deleted from the 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: Section 1. That the properties legally described as Embassy West Subdivision Bal Lot 1-1-A and Hamel Place & 367 Cedar Cross be deleted from the Amended 2000 Sidewalk Installation Program. Section 2. That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. City Hall Annex Roof Replacement Project: Proof of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending awarding of the contract for the City Hall Annex Roof Replacement Project to Giese Sheet Metal of Dubuque, Iowa in the contract amount of $29,500, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. 502 Regular Session, December 16, 2002 RESOLUTION NO. 653-02 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 13th day of November, 2002, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall Annex Roof and Gutter Replacement Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 654-02 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the City Hall Annex Roof and Gutter Replacement Project pursuant to Resolution No. 617-02 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of November, 2002. Whereas, said sealed proposals were opened and read on the 10th day of December, 2002, and it has been determined that the bid of Giese Sheet Metal in the amount of $29,500 was the lowest bid for the furnishing of all materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Giese Sheet Metal, and the City 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 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Garfield Avenue and Stafford Street Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at the corner of Garfield Avenue and Stafford Street from R -2A Alternate Two -Family Residential District to R-3 Moderate Density at the request of Jay Winger / Winger Construction and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by reclassifying property at the corner of Garfield Avenue and Stafford Street from R -2A Alternate Two Family Residential District to R-3 Moderate Density Multi -Residential District, presented and read. Lyle Daughetee, 715 Garfield and John McCann, 722 Rhomberg, spoke objecting to the proposed rezoning. Markham moved to deny the request for rezoning. Seconded by Connors. Motion carried 7-0. 3001 North Cascade Road Rezoning Request: Proof of publication of notice of hearing to consider rezoning property located at 3001 North Cascade Road from R-1 Single Family Residential District to C2 Neighborhood Shopping Center District at the request of Jerry and Lisa Graff / John and Carole Heiderscheit and Zoning Advisory Commission recommending approval, communication of Tom and Jean McDermott objecting to proposed rezoning, and petition with 11 signatures objecting to proposed rezoning, and a communication from Stan K. and Lou Ann Ward of Tri-State Golf withdrawing their names from the petition, presented and read. Markham moved that the proof and communications be received and filed. Seconded by Michalski. Motion carried 7-0. Jerry and Lisa Graff, as applicants, spoke detailing their request for rezoning of the 150 feet of property. Tim Duggan, 1057 Bonnie Ct., spoke objecting to the proposed rezoning. Carole Heiderscheit, as applicant, spoke also to the proposed rezoning. Council recessed the public hearing until Exhibit B was prepared and signed by all of the applicants which would limit the rezoning to Business Services only. Council reconvened the Public Hearing. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property north of 3001 North Cascade Road from R-1 Single Family Residential District to C2 Neighborhood Shopping District, as amended, presented and read. Regular Session, December 16, 2002 503 OFFICIAL PUBLICATION ORDINANCE NO. 100-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIB- ED PROPERTY LOCATED NORTH OF 3001 NORTH CASCADE ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO C-2 NEIGHBORHOOD COMMERICAL SHOPPING CENTER DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the 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 from R-1 Single Family Residential Zoning District to C-2 Neighborhood Commercial Shopping Center District, with the conditions described in Exhibit B attached hereto; and 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. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk EXHIBIT B Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned property owners and rezoning applicants agree to the following conditions, all of which the property owners and applicants further agree are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: 1. Principal permitted uses shall be limited to business services. 2. The ordinance shall be binding upon the undersigned and their heirs, successors, and assigns. Dated this 16th day of December, 2002. /s/ John Heiderscheit /s/ Carole Heiderscheit /s/ Jerry Graff /s/ Lisa Graff Published officially in the Telegraph Herald newspaper this 23rd day of December, 2002. Karen M. Chesterman, Deputy City Clerk 1t 12/23 Markham 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, as amended. Seconded by Michalski. 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 SW Arterial Building Permit Moratorium Request: City Manager recommending approval of a request to allow Kim Sanford of 103 Cousins Road to build a garage in the Southwest Arterial Moratorium area, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Ed Tschiggfrie Requesting Tower Hills Drive as a Public Street: Attorney Gary Norby, on behalf of Ed Tschiggfrie — T -Corp., requesting that the City utilize Eminent Domain proceedings to acquire Tower Hills Drive as a public street, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Naming River's Edge Plaza as "American's Trust River's Edge Plaza:" City Manager recommending approval of a request that the River's Edge Plaza be named the "American Trust River's Edge Plaza" as the American Trust and Savings Bank has committed to donate $250,000 toward the America's River Project, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Kane Street Parking Amendment: City Manager recommending adoption of an Ordinance prohibiting parking on the south side of Kane Street within 140 feet east and west of Katrina Circle, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of the south side of Kane Street, either side of Katrina Circle, presented and read. 504 Regular Session, December 16, 2002 OFFICIAL PUBLICATION ORDINANCE NO. 101-02 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING A PORTION OF THE SOUTH SIDE OF KANE STREET, EITHER SIDE OF KATRINA CIRCLE 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, is amended by deleting from Subsection (d) of Section 32-262 the following: Kane Street, north side, from Ken Court to Carter Road Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Subsection (d) of Section 32-262 the following: Kane Street, north side, from Ken Court to Carter Road; south side, from a point one hundred forty feet (140') east of Katrina Circle to a point one hundred forty feet (140') west of Katrina Circle. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 20th day of December, 2002. Karen M. Chesterman, Deputy City Clerk 1t 12/20 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Bee Branch Creek Restoration Project: City Manager recommending approval to issue a request for proposals to do preliminary design and to conduct an alignment study for the Bee Branch Creek Restoration Project from 24th Street to the 16th Street Detention Basin, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan. Housing Tax Credit Area Residential Care / Kennedy Point Partnership: City Manager recommending support of an application for equity financing assistance for the Kennedy Point Limited Partnership project, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 655-02 RESOLUTION AUTHORIZING THE CITY COUNCIL TO ENDORSE AN APPLICATION FROM AREA RESIDENTIAL CARE/KENNEDY POINT PARTNERSHIP FOR FEDERAL ASSISTANCE FOR DEVELOPMENT OF NEW RENTAL HOUSING ON KENNEDY CIRCLE Whereas, the federal government, through Section 42 of the Internal Revenue Code, offer incentives for construction of affordable rental housing which is made available to low- and moderate -income households; and Whereas, Area Residential Care and Burns and Burns Architects, dba Kennedy Point Partnership, has submitted an application for affordable housing tax credits in connection with a proposed project to construct a 16 -unit apartment facility for special needs persons in the City of Dubuque; and Whereas, indication of City support for the requested federal assistance is favorable to the Iowa Finance Authority's consideration of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque endorses and supports the application from Kennedy Point Partnership for tax credits to the Iowa Finance Authority, for the intended project located on Kennedy Circle. Section 2. The City Manager is hereby authorized and directed to forward this resolution to the Finance Authority. Passed, approved and adopted this 16th day of December, 2002. Terrance M Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Wayfinding Signage Districts: Communication of City Manager requesting Council approve the Wayfinding Signage System Map, rename the Riverfront District to the Port of Dubuque District and provide direction on the Grandview District or College -Grandview District, presented and read. After discussion Council agreed on the name of the College -Grandview District. Buol moved that the communication be received and filed and approved the Wayfinding Signage System Map, renamed the Riverfront District to the Port of Dubuque District and directed that the Grandview District should be named the College -Grandview District. Seconded by Nicholson. Motion carried 7-0. National Pollutant Discharge Emission Systems – NPDES: City Manager recommending approval of the process to Regular Session, December 16, 2002 505 assemble the City's National Pollution Discharge Elimination Phase II Permit Application to be submitted to the Iowa Department of Natural Resources, presented and read. Michalski moved that the communication be received and filed and approved the recommendation. Seconded by Cline. Motion carried 7-0. Old Mill Road Property Acquisition: Communication of City Manager requesting authorization to purchase three flood damaged properties on Old Mill Road (1620 Old Mill Rd., 1695 Old Mill Rd., 1699 Old Mill Rd.), presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Main Street Project, Fifth to Ninth Streets, Acceptance: City Manager recommending acceptance of the Main Street Project, Fifth to Ninth Streets, in the final contract amount of $2,110,113.35, presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 656-02 ACCEPTING IMPROVEMENT Whereas, the contract for the Main Street Reconstruction Project — Fifth to Ninth Streets has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the DRA Distribution Fund, General Fund, and the TIF -Backed General Obligation Funds in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 657-02 FINAL ESTIMATE Whereas, the contract for the Main Street Reconstruction Project — Fifth to Ninth Streets 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 $2,332,766.35 and the said amount shall be paid from the DRA Distribution Fund, General Fund, and the TIF - Backed General Obligation Funds of the City of Dubuque, Iowa. Section 2. That $524,942.99 of the cost thereof shall be assessable upon private property and $1,807,823.36 shall be paid from the DRA Distribution Fund, General Fund, and the TIF -Backed General Obligation Funds. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 658-02 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE MAIN STREET RECONSTRUCTION PROJECT — FIFTH TO NINTH STREETS INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Main Street Reconstruction Project — Fifth to Ninth Streets under contract with Portzen Construction, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 20th day of December, 2002, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments 506 Regular Session, December 16, 2002 against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk MAIN STREET (9th TO 5th ST.) SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement show in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. OWNER PARCEL NO. NET PAVING ASSESSMENTS TOTAL NET ASSESSMENTS American Trust & Savings Bank 10 24 468 005 $13,937.37 $13,937.37 AmTrust Inc. 10 24 468 006 $12,803.36 $12,803.36 American Trust & Savings Bank 10 24 468 901 $13,370.37 $13,370.37 Town Clock Building Co. c/o John Butler 10 24 468 007 $13,370.37 $13,370.37 Security Partners, L.P. 10 24 468 008 $13,370.37 $13,370.37 Graham Brothers Partnership $23,688.83 Security Partners, L.P. $39,021,51 Banner Investments $32,750.47 First Judicial Dis. Dept. of Correct. 10 25 204 003 $12,411.42 Hartig, Richard & Brenda $21,645.52 Steele, Michael D. $ 9,406.55 Steele, Michael D. $ 5,487.15 Steele, Michael D. $10,451.72 Plastic Center $ 6,009.74 Dubuque TV Limited Partnershi $ 9,145.26 Stuer, John F. $ 9,798.49 NICO $ 19,696.27 United Way Services $52,864.81 Manchester Ctr Asso. c/o Levit K Everly $74,442.39 City of Dubuque $ 5,748.45 City of Dubuque $62,770.43 Minglewood Ltd Partnership $62,752.14 TOTAL $524,942.99 10 24 469 001 $23,688.83 10 24 469 008 $39,021.51 10 25 204 002 $32,750.47 Services $12,411.42 10 25 204 004 $21,645.52 10 24 470 001 $ 9,406.55 10 24 470 002 $ 5,487.15 10 25 205 001 $10,451.72 10 25 205 002 $ 6,009.74 p 10 25 205 003 $ 9,145.26 10 25 205 004 $ 9,798.49 10 25 205 005 $19,696.27 10 25 209 004 $52,864.81 Properties / 10 25 210 001 $74,442.39 10 25 210 002 $ 5,748.45 10 25 212 003 $62,770.43 10 25 231 002 $62,752.14 $524.942.99 Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Brick Pavers Request: City Manager recommending approval of a request by Park Ranger Wayne Buchholz of the Iowa Department of Natural Resources to obtain brick pavers salvaged by the City and use them at the E.B. Lyons Center and RipRow Valley, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Naming the Port of Dubuque: City Manager requesting approval of the renaming of the area currently referred to as the "Fourth Street Peninsula" to the "Port of Dubuque," presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 659-02 DESIGNATING AN AREA OF THE CITY OF DUBUQUE TO BE KNOWN AS "THE PORT OF DUBUQUE" Regular Session, December 16, 2002 507 Whereas, the Master Site Planning Committee has recommended that a certain area of the City of Dubuque be designated as the "Port of Dubuque;" and Whereas, the City Council finds that it is in the best interests of the City to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The area of the City of Dubuque shown on Exhibit A, attached hereto, is hereby officially designated as the Port of Dubuque, with the area south of the Ice Harbor to known as "South Port" and the area north of the Ice Harbor to be known as "North Port." Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Holiday Refuse Collection Allowance: City Manager recommending that the City offer one free refuse container sticker to assist citizens with holiday refuse, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Connors commended several students that were in attendance. Michalski stated that the recent National League of Cities meeting was of superior quality with sessions on dynamic issues facing Dubuque and she appreciated the opportunity to attend. Nicholson stated that the incoming President of the National League of Cities requested a letter be sent to the President of the United States requesting Homeland Security funding be passed down to First Responders (Police and Fire). PUBLIC INPUT Ray Taylor, 17464 Gondola Drive, spoke objecting to the proposed fee for the Stormwater Utility, stating there are problems with sanitary sewers and that check valves should be utilized. There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:49 P.M. /s/ Karen M. Chesterman Deputy City Clerk 1t 12/26 Approved: 2003 Adopted: 2003 Mayor Council Members Attest: City Clerk