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2003 April Council Proceedings Regular Session, April 7, 2003 89 DUBUQUE damage; Timothy Wardle for vehicle damage, presented and read. Buol moved that the CITY COUNCIL claims and suits be referred to the Legal Staff for OFFICIAL investigation and report. Seconded by PROCEEDINGS Markham. Motion carried 7-0. City Council, Regular Session, April 7, 2003 Corporation Counsel advising that the Council met in Regular Session at 6:30 P.M. in following claims have been referred to Public the Library Auditorium Entity Risk Services of Iowa, the agent for the Present: Mayor Duggan, Council Members Iowa Communities Assurance Pool: Lois Buol, Cline, Connors, Markham, Michalski, Friedman for vehicle damage; Mark Rokusek for Nicholson, City Manager Michael Van Milligen, vehicle damage; Connie Swift for personal Corporation Counsel Barry Lindahl. injury, presented and read. Buol moved that the communications be received and filed and Mayor Duggan read the call and stated this is concurred. Seconded by Markham. Motion a regular session of the City Council called for carried 7-0. the purpose of discussing such matters which may properly come before the City Council. Corporation Counsel recommending denial of the claim of Timothy Wardle for vehicle damage, Invocation was given by Ben Mathew, presented and read. Buol moved that the Chaplain, Emmaus Bible College. communications be received and filed and concurred. Seconded by Markham. Motion Proclamations: Public Health Week (April 7 – carried 7-0. 13, 2003) received by Kathy Ripple from the VNA; and Fair Housing Month (April, 2003) Corporation Counsel recommending received by Human Rights Commissioner Lou settlement of the claim of Steven Plumley for Oswald. monetary loss and Craig Takes for vehicle damage and that the Finance Director issue Youth in Government students Andrea proper payment, presented and read. Buol Hoppman, Karen Hunt, Nick Kane and Charles moved that the communications be received and Hartig were sworn in by Mayor Duggan for their filed and concurred and directed that the respective Council seats. Finance Director issue the proper payment. Seconded by Markham. Motion carried 7-0. CONSENT ITEMS Legislative Correspondence: Minutes Submitted: Airport Commission of Communication of City Manager to area 3/24; Cable TV Regulatory Commission of 3/12; legislators requesting support of Senate File 358 City Council of 3/17; Conference Board of 2/19; which would transfer the responsibility for Downtown Planning Committee of 3/10; Housing establishing the State Plumbing Code from the Code Appeals Board (Amended) of 11/19; Iowa Department of Public Health to the State Housing Code Appeals Board of 12/17; Housing Building Code Commissioner, presented and Commission of 2/25; Housing Commission Trust read. Buol moved that the communication be Fund of 3/20; Library Board of Trustees of 2/27; received and filed. Seconded by Markham. Transit Trustee Board of 3/13; Zoning Advisory Motion carried 7-0. Commission of 3/5; Zoning Board of Adjustment Communication of City Manager to Speaker of of 2/27, presented and read. Buol moved that the House Christopher Rants regarding the the minutes be received and filed. Seconded by gaming tax issue, presented and read. Buol Markham. Motion carried 7-0. moved that the communication be received and filed. Seconded by Markham. Motion carried 7- Proofs of publication of City Council 0. Proceedings of 3/3 and 3/5 and List of Claims Communication of City Manager to Senator and Summary of Revenues for Month Ending Charles E. Grassley regarding the status of the February 28, 2003, presented and read. Buol Dubuque Post Office Building, presented and moved that the proofs be received and filed. read. Buol moved that the communication be Seconded by Markham. Motion carried 7-0. received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Mary Eigenberger for Communication of City Manager to area property damage; Lois Friedman for vehicle legislators requesting their opposition to the damage; Thomas Mueller for property damage; Public Strategies Group proposal, presented Steven Plumley for loss of property; Connie and read. Buol moved that the communication Swift for personal injury; Mark Rokusek for be received and filed. Seconded by Markham. vehicle damage; Craig J. Takes for vehicle Motion carried 7-0. 90 Regular Session, April 7, 2003 Dubuque County Board of Supervisors: Whereas, said final plat has been examined by Communication from the Dubuque County the City Council and they find that it conforms to Board of Supervisors submitting information on the statutes and ordinances relating thereto. a potential problem at Jorja’s Restaurant, NOW THEREFORE, BE IT RESOLVED BY presented and read. Buol moved that the THE CITY COUNCIL OF THE CITY OF communication be received and filed and DUBUQUE, IOWA: referred to the City Manager. Seconded by Section 1. That the City Council hereby waives Markham. Motion carried 7-0. Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section Housing Code Appeals Board Resignation: 42-19, Lots and Blocks. Communication from David Harris, Housing and Section 2. That the final plat of Lot A and Lots Community Development Department Manager, 1-12 Wertzberger Acres No. 2 is hereby advising that Dave Althaus has informed staff he approved and the Mayor and City Clerk are does not intend to reapply for appointment to the hereby authorized and directed to endorse the Housing Code Appeals Board, presented and approval of the City of Dubuque, Iowa, upon read. Buol moved that the communication be said subdivision plat. received and filed. Seconded by Markham. Passed, approved and adopted this 7th day of Motion carried 7-0. April 2003. Terrance M. Duggan, Mayor Dubuque County Conservation Society: Attest: Jeanne F. Schneider, City Clerk Communication from Ranol Weigel, President of Buol moved adoption of the Resolution. the Dubuque County Conservation Society, Seconded by Markham. Motion carried 7-0. regarding the proposed Eagle Point Condominium Development, presented and Emberwood Estates – Final Plat: City read. Buol moved that the communication be Manager recommending approval of the final received and filed. Seconded by Markham. plat of Emberwood Estates located off of Motion carried 7-0. Gardener’s Lane in Dubuque County, presented and read. Buol moved that the communication Dubuque Golf and Country Club: be received and filed. Seconded by Markham. Communication from the Dubuque Golf and Motion carried 7-0. Country Club requesting permission to display RESOLUTION NO. 96-03 fireworks on July 4, 2003 (rain date of July 6, RESOLUTION APPROVING THE FINAL PLAT 2003), presented and read. Buol moved that OF EMBERWOOD ESTATES IN DUBUQUE the communication be received and filed and COUNTY, IOWA approved request. Seconded by Markham. Motion carried 7-0. Whereas, there has been filed with the City Clerk a final plat of Emberwood Estates; and Wertzberger Acres No. 2 – Final Plat: City Whereas, the preliminary plat has been Manager recommending approval of the final examined by the Zoning Advisory Commission plat of Wertzberger Acres No. 2 located off of and has its approval endorsed thereon, with the Old Military Road in Dubuque County, presented waiver of Article IV, Design and Improvement and read. Buol moved that the communication Standards of the Subdivision Regulations, be received and filed. Seconded by Markham. except for Section 41-29; and Motion carried 7-0. Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed RESOLUTION NO. 95-03 thereon; and RESOLUTION APPROVING THE FINAL PLAT Whereas, said final plat has been examined by OF LOT A AND LOTS 1-12 WERTZBERGER the City Council and they find that it conforms to ACRES NO. 2 IN DUBUQUE COUNTY, IOWA the statutes and ordinances relating thereto. Whereas, there has been filed with the City NOW THEREFORE, BE IT RESOLVED BY Clerk a final plat of Lot A and Lots 1-12 THE CITY COUNCIL OF THE CITY OF Wertzberger Acres No. 2; and DUBUQUE, IOWA: Whereas, the preliminary plat has been Section 1. That the City Council hereby waives examined by the Zoning Advisory Commission Article IV, Design and Improvement Standards and has its approval endorsed thereon, with the of the Subdivision Regulations, except Section waiver of Article IV, Design and Improvement 42-19, Lots and Blocks. Standards of the Subdivision Regulations, Section 2. That the final plat of Emberwood except for Section 41-29; and Estates is hereby approved and the Mayor and Whereas, said final plat has been reviewed by City Clerk are hereby authorized and directed to the City Planner and had her approval endorsed endorse the approval of the City of Dubuque, thereon; and Iowa, upon said subdivision plat. Regular Session, April 7, 2003 91 Passed, approved and adopted this 7th day of City of Dubuque and the Iowa Department of April 2003. Transportation to include the installation of a Terrance M. Duggan, Mayor four-inch multi-cell conduit along the south side Attest: Jeanne F. Schneider, City Clerk of US 20 from the new Menard’s entrance Buol moved adoption of the Resolution. easterly to Algona Street; and Seconded by Markham. Motion carried 7-0. Whereas, the City Council of the City of Dubuque approves of said addendum and the Port of Dubuque - Parking Lot Landscape City funding as described in the pre-construction Guidelines and Recommended Plant Lists: City agreement addendum. Manager recommending approval of the Parking NOW, THEREFORE, BE IT RESOLVED BY Lot Landscaping Guidelines and Recommended THE CITY COUNCIL OF THE CITY OF Plant Lists for the Port of Dubuque, presented DUBUQUE, IOWA: and read. Buol moved that the communication Section 1. That Addendum 2003-16-019B to be received and filed and approved the pre-construction agreement between the recommendation. Seconded by Markham. City of Dubuque and the Iowa Department of Motion carried 7-0. Transportation for the US 20 intersection improvements (Dodge Street) for the installation Demolition Permit – Dubuque Hardwoods: of a four-inch multi-cell conduit along the south Communication from the Historic Preservation side of US 20 be and is hereby approved. Commission recommending approval of a Section 2. That the Mayor be authorized and request to demolish metal buildings located at directed to execute two copies of the addendum th 205 East 6 Street, Port of Dubuque (Dubuque to the pre-construction agreement between the Hardwoods), presented and read. Buol moved City of Dubuque and the Iowa Department of that the communications be received and filed Transportation. th and concurred. Seconded by Markham. Motion Passed, adopted and approved this 7 day of carried 7-0. April, 2003. Terrance M. Duggan, Mayor Dubuque County Board of Health Contract for Attest: Jeanne F. Schneider, CMC, City Clerk Lead Paint Program: City Manager Buol moved adoption of the Resolution. recommending approval of an interagency Seconded by Markham. Motion carried 7-0. agreement between the City and the Dubuque County Board of Health for administration of a Notice of Finding of No Significant Impact and lead paint program training grant, presented and Release of Funds for Community Development read. Buol moved that the communication be Block Grant Programs: City Manager received and filed and approved recommending approval of publication of a recommendation. Seconded by Markham. combined notice of no significant impact on the Motion carried 7-0. environment and notice of intent to request release of funds for Community Development Iowa Department of Transportation Pre-Block Grant Programs, presented and read. Construction Agreement: City Manager Buol moved that the communication be received recommending approval of a pre-construction and filed. Seconded by Markham. Motion agreement addendum between the City of carried 7-0. Dubuque and the Iowa Department of RESOLUTION NO. 98-03 Transportation to provide fiber optic conduit A RESOLUTION AUTHORIZING PUBLICA- installation, presented and read. Buol moved TION OF A COMBINED NOTICE OF FINDING that the communication be received and filed. OF NO SIGNIFICANT IMPACT ON THE Seconded by Markham. Motion carried 7-0. ENVIRONMENT AND NOTICE OF INTENT TO RESOLUTION NO. 97-03 REQUEST RELEASE OF FUNDS FOR RESOLUTION APPROVING AN ADDENDUM CERTAIN COMMUNITY DEVELOPMENT TO THE PRE-CONSTRUCTION AGREEMENT BLOCK GRANT PROJECTS FOR FISCAL BETWEEN THE CITY OF DUBUQUE AND THE YEAR 2004 (PROGRAM YEAR 2003) IOWA DEPARTMENT OF TRANSPORTATION Whereas, the City of Dubuque will enter into a FOR FIBER OPTICS CONDUIT Grant Agreement for the Fiscal Year IMPROVEMENTS TO US 20 commencing July 1, 2003, with the U.S. Whereas, the City has entered into Pre-Department of Housing and Urban Construction Agreement No. STP-A-20-9(164) - Development, providing for financial assistance 22-31 with the Iowa Department of to the City under Title I of the Housing and Transportation to improve US 20. Community Development Act of 1974, as Whereas, the Iowa Department of amended; and Transportation has prepared an addendum to Whereas, pursuant to the rules and regulations said pre-construction agreement between the as promulgated by the U.S. Department of 92 Regular Session, April 7, 2003 Housing and Urban Development, an Referral Service; Leadership Training; environmental review has been processed for Neighborhood Development Services and Staff; the hereinafter listed projects to be financed with Neighborhood Grants; Neighborhood Community Development Block Grant funds; Infrastructure Improvements (Neighborhood and Street Overlays; Neighborhood Sidewalk Whereas, based on said environmental review, Program; Neighborhood Step/Wall Repair); the Housing and Community Development Neighborhood Recreation Program; Senior Department has determined that said projects Center; Washington Tool Library; Fair Housing will have no significant impact on the Education; Zoning Inspection/ Enforcement environment; and Economic Development Programs: Whereas, a combined notice of " Finding of No Commercial/Industrial Building Rehab Loan Significant Impact on the Environment" and of Program; Economic Development Financial "Intent to Request Release of Funds" for said Assistance Program; Economic Development projects will be sent by regular mail to various Program Services and Staff tribal, federal, state and local public agencies; to Planning and Administration: CDBG the appropriate Regional Office of the Administration Services and Staff; Finance Environmental Protection Agency, to the HUD Services and Staff; City Planning Services and Field Office and to the local news media, Staff, Planning Administration individuals and groups known to be interested No funds will be committed prior to completion and believed to be appropriate to receive such a of a review for other related laws of 24 CFR notice; and 58.5, including Section 106, for site-specific Whereas, any and all comments received as a projects that are currently unidentified. result of such notice will be duly considered Section 2. That the environmental review before proceeding with a Request for Release of record for each of the projects shall be placed Funds and Certification. on file in the Office of the Housing and NOW, THEREFORE, BE IT RESOLVED BY Community Development Department, 1805 THE CITY COUNCIL OF THE CITY OF Central, Dubuque Iowa where said record may DUBUQUE, IOWA: be examined and copied by any interested party. Section 1. That the City Clerk be and is Section 3. That the Mayor of the City of hereby authorized and directed to publish a Dubuque is hereby authorized and directed to combined Notice of Finding of No Significant submit to the U.S. Department of Housing and Impact on the Environment and Notice of Intent Urban Development fifteen (15) days after to Request Release of Funds for the following publication of appropriate notice a Request for identified projects and to make the Release of Funds to undertake the said projects. Environmental Review Record for said projects Section 4. That the Mayor of the City of available for public inspection and comment until Dubuque is hereby authorized to consent to 5:00 p.m. on April 28 2003. Such notice shall be assume the status of a responsible federal in the form of Exhibit "A" attached hereto and official under the National Environmental made a part hereof. Protection Act, insofar as the provisions of the Community Development Block Grant Annual said Act apply to the U.S. Department of Plan Projects Housing and Urban Development Program Year 2003 (Fiscal Year 2004) responsibilities for review, decision making, and Housing Programs: First Time Home Buyer action assumed and carried out by the City of Program; Historic Preservation; Homeowner Dubuque as to environmental issues. Rehabilitation (Operation: Paintbrush; Operation Section 5. That the Mayor of the City of Upkeep; Residential Rehabilitation Loan Dubuque is hereby authorized to consent Program; Sewer Connection Loan); Housing personally, in his official capacity and on behalf Planning/ Administration Services and Staff; of the City of Dubuque, to accept the jurisdiction Homeowner Grants; Housing Code of the federal courts if an action is brought to Enforcement; Housing Rehabilitation Services enforce responsibilities in relation to and Staff; Problem Properties Management; environmental review, decision-making and Housing Trust; Purchase/Rehabilitation/ Resale; action. Rental Unit Rehabilitation (Emergency Code Section 6. That the Mayor of the City of Enforcement Loan Program; Moderate Income Dubuque is and he is hereby authorized and Rental Rehab Loan Program; Accessibility directed to execute a certification pertaining to Rehab; Single Room Occupancy Rehab); the environmental review procedures. Neighborhood and Community Development Passed, approved and adopted this 7th day of Programs: Accessible Curb Ramps; Child Care April 2003. Resource and Referral; Community Partnership Terrance M. Duggan, Mayor Program (cp2); Deer Management Food Attest: Jeanne F. Schneider, City Clerk Program; Downtown Resource Guide; Dubuque Buol moved adoption of the Resolution. Dispute Resolution Center; Information and Seconded by Markham. Motion carried 7-0. Regular Session, April 7, 2003 93 benefit at least 70 percent low/moderate income Fiscal Year 2004/2005 Certification of Overall persons. Benefit: City Manager recommending approval Section 2. That the City Manager is hereby of a proposed change in the certification period authorized and directed to submit to the U.S. for overall benefit of Community Development Department of Housing and Development the Block Grant (CDBG) funds as per the two-year certification with the Fiscal Year 2004 Consolidated Plan, presented and read. Buol Annual Action Plan (Program Year 2003) for the moved that the communication be received and use of Community Development Block Grant filed. Seconded by Markham. Motion carried 7-funds. 0. Passed, approved and adopted this 7th day of April 2003. RESOLUTION NO. 99-03 Terrance M. Duggan, Mayor A RESOLUTION AMENDING THE Attest: Jeanne F. Schneider, City Clerk CONSOLIDATED PLAN FOR 2001-2006 TO Buol moved adoption of the Resolution. EXTEND THE OVERALL BENEFIT FOR THE Seconded by Markham. Motion carried 7-0. AGGREGATE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Parking Ticket Software: City Manager FUNDS FOR FISCAL YEAR 2004 AND recommending approval of the selection of EDC- FISCAL YEAR 2005 ANNUAL PLANS AIMS Corporation to provide parking ticket (PROGRAM YEARS 2003 AND 2004) software, presented and read. Buol moved that Whereas, the U.S. Department of Housing and the communication be received and filed. Urban Development (HUD) requires the City of Seconded by Markham. Motion carried 7-0. Dubuque to prepare and submit a Consolidated RESOLUTION NO. 100-03 Plan to plan for the coordinated use of federal, RESOLUTION ACCEPTING A CONTRACT state, and local funds to assist lower income FOR THE PARKING DIVISION PARKING residents with housing, jobs and services; and ENFORCEMENT SOFTWARE PROJECT Whereas, the City of Dubuque adopted a Consolidated Plan for Fiscal Years 2001 through Whereas, the contract between the City of 2006 on May 1, 2000 by Resolution No. 185-Dubuque and EDC Corporation for the 2000; and replacement of parking enforcement software Whereas, a three-year certification regarding and necessary equipment. overall benefit was submitted with the NOW, THEREFORE, BE IT RESOLVED BY Consolidated Plan for Fiscal Years 2001 through THE CITY COUNCIL OF THE CITY OF 2003 (Program Years 2000 through 2002) and DUBUQUE, IOWA: one year certification for the remaining two Section 1. That the cost of said improvement is years; and hereby determined to be $77,525.00 and the Whereas, the City now propose to extend the said amount shall be paid from the Parking overall benefit so that the aggregate use of Construction Fund. CDBG funds for Fiscal Year 2004 and Fiscal Passed, approved and adopted this 7th day of Year 2005 Annual Plans (Program years 2003 April, 2003. and 2004) will principally benefit at least 70 Terrance M. Duggan, Mayor percent low/moderate income persons. Attest: Jeanne F. Schneider, City Clerk Whereas, said amendment is a non-Buol moved adoption of the Resolution. substantial amendment as provided in the City's Seconded by Markham. Motion carried 7-0. Citizen Participation Plan and must therefore be approved by resolution of the City Council after Miller-Riverview Park Management Agree- review by the Community Development Advisory ment: City Manager recommending approval of Commission; and the management agreement for Miller-Riverview Whereas, the Community Development Park with Pat Felderman, presented and read. Advisory Commission reviewed the proposed Buol moved that the communication be received amendment on March 20, 2003, and has voted and filed and approved recommendation. to approve said amendment and recommend Seconded by Markham. Motion carried 7-0. approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY Firefighters’ Grant Program: City Manager THE CITY COUNCIL OF THE CITY OF recommending approval to submit a grant DUBUQUE, IOWA: application in the amount of $208,000 to the Section 1. That the Consolidated Plan is Federal Assistance for Firefighters Grant hereby amended to extend the overall benefit so Program for replacing the Fire Department’s that the aggregate use of Community self-contained breathing apparatus, presented Development Block Grant funds for Fiscal Year and read. Buol moved that the communication 2004 and Fiscal Year 2005 Annual Plans be received and filed and approved (Program Years 2003 and 2004) will principally 94 Regular Session, April 7, 2003 recommendation. Seconded by Markham. And Whereas, the terms of the Agreement Motion carried 7-0. have now been met. NOW, THEREFORE, BE IT RESOLVED BY Old Mill Road – Acceptance of Deeds: City THE CITY COUNCIL OF THE CITY OF Solicitor Bill Blum recommending acceptance of DUBUQUE, IOWA: three deeds from property owners in the flood 1. The City of Dubuque, Iowa, hereby accepts plain area on Old Mill Road, presented and read. the Deed from Michael J. McDermott and Buol moved that the communication be received Barbara J. McDermott, a copy of which is and filed. Seconded by Markham. Motion attached hereto. carried 7-0. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed RESOLUTION NO. 101-03 with the Dubuque County Recorder. th ACCEPTING THE DEED TO CERTAIN REAL Passed, approved and adopted this 7 day of ESTATE IN THE CITY OF DUBUQUE, IOWA April, 2003. FROM WAYNE L. LAUFENBERG SR. TRUST Terrance M. Duggan, Mayor Whereas, the City of Dubuque entered into an Attest: Jeanne F. Schneider, City Clerk Agreement on March 11, 2003 with Wayne L. Buol moved adoption of the Resolution. Laufenberg Sr. Trust for the purchase of certain Seconded by Markham. Motion carried 7-0. real property in Dubuque County, Iowa, RESOLUTION NO. 103-03 described as follows: ACCEPTING THE DEED TO CERTAIN REAL Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of ESTATE IN THE CITY OF DUBUQUE, IOWA Lot 1 of Lot 4, and Lot 1 of Lot 1 of Lot 2 of Lot 1 FROM ROBERT AND VALORA TIMMONS of Lot 2 of Lot 1 of Lot 4 , of Mineral Lot 501, in the City of Dubuque, Iowa, according to the Whereas, the City of Dubuque entered into an recorded plat thereof, subject to easements of Agreement on March 11, 2003 with Robert and record. Valora Timmons for the purchase of certain real And Whereas, the terms of the Agreement property in Dubuque County, Iowa, described as have now been met. follows: NOW, THEREFORE, BE IT RESOLVED BY Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 507 THE CITY COUNCIL OF THE CITY OF in Section 1, Table Mound Township, in the City DUBUQUE, IOWA: of Dubuque, Iowa, according to the recorded 1. The City of Dubuque, Iowa, hereby accepts plat thereof the Deed from Wayne L. Laufenberg Sr. Trust, a And Whereas, the terms of the Agreement copy of which is attached hereto. have now been met. 2. The City Clerk is hereby authorized and NOW, THEREFORE, BE IT RESOLVED BY directed to record this Resolution and the Deed THE CITY COUNCIL OF THE CITY OF with the Dubuque County Recorder. DUBUQUE, IOWA, AS FOLLOWS: Passed, approved and adopted this 7th day of 1. The City of Dubuque, Iowa, hereby accepts April, 2003. the Deed from Robert and Valora Timmons, a Terrance M. Duggan, Mayor copy of which is attached hereto. Attest: Jeanne F. Schneider, City Clerk 2. The City Clerk is hereby authorized and Buol moved adoption of the Resolution. directed to record this Resolution and the Deed Seconded by Markham. Motion carried 7-0. with the Dubuque County Recorder. th Passed, approved and adopted this 7 day of RESOLUTION NO. 102-03 April, 2003. ACCEPTING THE DEED TO CERTAIN REAL Terrance M. Duggan, Mayor ESTATE IN THE CITY OF DUBUQUE, IOWA Attest: Jeanne F. Schneider, City Clerk FROM MICHAEL J. MCDERMOTT AND Buol moved adoption of the Resolution. BARBARA J. MCDERMOTT Seconded by Markham. Motion carried 7-0. Whereas, the City of Dubuque entered into an Agreement on March 11, 2003 with Michael J. Release of Escrow Agreement – Downtown McDermott And Barbara J. McDermott for the Rehab Loan for Cooper Building: City Manager purchase of certain real property in Dubuque recommending approval of the release of County, Iowa, described as follows: escrow funds required as part of the financing Lot 2 of “PAPKE PLACE”, Lot 2 of lot 1 of lot 2 for Cooper Development Company LLC’s of lot 1 of lot 2 of lot 1 of lot 4 of Mineral Lot 501, renovation of the former Cooper Wagon Works Lot 1 of lot 1 of lot 2 of lot 1 of lot 1 of lot 2 of lot building at 299 Main Street, presented and read. 1 of lot 4 of Mineral Lot 501, and, Lot 2 of lot 1 of Buol moved that the communication be received lot 1 of lot 1 of lot 1 of lot 2 of lot 1 of lot 4 of and filed. Seconded by Markham. Motion Mineral Lot 501, in the City of Dubuque, Iowa, carried 7-0. according to the respective recorded Plats thereof. Subject to easements of record. Regular Session, April 7, 2003 95 RESOLUTION NO. 104-03 United States Department of Transportation: Notice from the United States Department of Whereas, applications for Beer Permits have Transportation – Office of the Secretary advising been submitted and filed to this Council for of the decision to allow Mesaba Aviation, Inc., approval and the same have been examined d/b/a Northwest Airlink, to suspend service at and approved: and Dubuque as of May 13, 2003, presented and Whereas, the premises to be occupied by read. Buol moved that the communication be such applicants were inspected and found to received and filed. Seconded by Markham. comply with the Ordinances of the City and have Motion carried 7-0. filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY Helping Services for Northeast Iowa – Drug THE CITY COUNCIL OF THE CITY OF and Violence Prevention Grant: City Manager DUBUQUE, IOWA: recommending that the Dubuque Police That the Manager be authorized to cause to be Department partner with Helping Services of issued the following named applicants a Beer Northeast Iowa in their application for a Drug Permit. and Violence Prevention Grant from the Iowa CLASS “B” (SPECIAL 5-DAY EVENT) Department of Public Health, presented and BEER PERMIT read. Buol moved that the communication be DubuqueFest DubuqueFest+ th received and filed and approved (Sunday Sale) 250 W 6 St recommendation. Seconded by Markham. CLASS “C”BEER PERMIT th Motion carried 7-0. Mulgrew Oil Com 16 St Auto / Truck Plaza+ th (Sunday Sale) 1215 E. 16 St Federal Environmental Protection Agency A & T. LLC Plaza 20 Amoco+ State and Tribal Grant Program: City Manager (Sunday Sale) 2600 Dodge St th advising that an application for a $4 million Passed, approved and adopted this 7 day of funding request to assist with expansion of the April, 2003. nd 32 Street Detention Basin has been prepared Terrance M. Duggan, Mayor and submitted to the Federal Environmental Attest: Jeanne F. Schneider, CMC, City Clerk Protection Agency State and Tribal Grant Buol moved adoption of the Resolution. Program, presented and read. Buol moved that Seconded by Markham. Motion carried 7-0. the communication be received and filed. RESOLUTION NO. 105-03 Seconded by Markham. Motion carried 7-0. Whereas, applications for Liquor Licenses Housing Commission: Communication from have been submitted to this Council for approval Tom Swift submitting his resignation from the and the same have been examined and Housing Commission, presented and read. approved; and Buol moved that the communication be received Whereas, the premises to be occupied by such and filed. Seconded by Markham. Motion applicants were inspected and found to comply carried 7-0. with the State Laws and all City Ordinances relevant thereto and they have filed proper Eagle Window and Door: City Manager bonds. recommending approval of the issuance of a NOW, THEREFORE, BE IT RESOLVED BY Certificate of Completion and Estoppel THE CITY COUNCIL OF THE CITY OF Certificate for Otto A, LLC, developer of the DUBUQUE, IOWA: Eagle Window and Door property, presented That the Manager be authorized to cause to be and read. Buol moved that the communication issued the following named applicants a Liquor be received and filed and approved License. recommendation. Seconded by Markham. CLASS “C” BEER/LIQUOR LICENSE Motion carried 7-0. Aramark Educations Services Loras College+ (Sunday Sale) 1450 Alta Vista Business License Refund: Request of Liquor Mary Kamp Noonan’s Tap+ Depot of Dubuque for a refund of their cigarette (Sunday Sale) 1618 Central Ave license in the amount of $25.00, presented and GMRI Inc. Olive Garden #1516+ read. Buol moved that the communication be (Sunday Sale) 3350 Dodge St received and filed and approved recom-Marco’s, Inc Marco’s Italian American Food mendation. Seconded by Markham. Motion 2022 Central Ave carried 7-0. Chad Streff Whiskey River+ (Sunday Sale) 1064 University Ave Business Licenses: City of Dubuque ` Bunker Hill Golf+ (Sunday/Outdoor Sale) 2200 Bunker Hill Neighbor’s Inc Neighbor’s Tap 1899 Rockdale Rd 96 Regular Session, April 7, 2003 Wagner’s Copper Kettle Copper Kettle Division and the Leisure Services Department; 2987 Jackson St and CLASS “B” WINE Whereas, the City Council finds that the Carroll’s Wine Company Carroll’s Wine disposition of the City’s interest under, over, and Company 123 Main St across a portion of Lot 1 Heartland Place (lot thth Passed, approved and adopted this 7 day of located between 16 Street and Kerper Court April 2003. behind the old Smithfield property) and Lot 1-2-1 Terrance M. Duggan, Mayor Byrnes Subdivision (which is the lot upon which Attest: Jeanne F. Schneider, CMC, City Clerk Usha Park is located) is in the best interest of Buol moved adoption of the Resolution. the City and that the request for the two Seconded by Markham. Motion carried 7-0. easements should be approved. NOW, THEREFORE, BE IT RESOLVED BY ITEMS TO BE SET FOR PUBLIC HEARING THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Voluntary Annexation – Wayne Stewart: City Section 1. That the City of Dubuque intends to Manager recommending that a public hearing be dispose of its interest under, over, and across a set for May 5, 2003 to consider a request from portion of Lot 1 Heartland Place (lot located th Wayne Stewart for voluntary annexation of between 16 Street and Kerper Court behind the property concurrent with rezoning for twenty old Smithfield property) and Lot 1-2-1 Byrnes acres of land south of Old Highway Road and Subdivision (which is the lot upon which Usha west of Seippel Road, presented and read. Park is located) by the issuance of easements to Cline moved that the communication be Alliant Energy (Interstate Power & Light received and filed and set Public Hearing for Company) for electrical telecommunication lines 5/5/03 at 6:30 P.M. in the public library in the City of Dubuque, Iowa. auditorium and that the City Clerk publish notice Section 2. That the City Clerk be and is hereby in the manner prescribed by law. Seconded by directed to cause a Notice of Intent of dispose of Connors. Motion carried 7-0. such interest in said property to be published in the manner as described by law. th Grants of Easement – Alliant Energy: City Passed, approved and adopted this 7 day of Manager recommending that a public hearing be April, 2003. set for April 21, 2003 to consider a request from Terrance M. Duggan, Mayor Alliant Energy to install underground electrical Attest: Jeanne F. Schneider, CMC, City Clerk telecommunication lines on City-owned property, Cline moved adoption of the Resolution and known as Lot 1 Heartland Place (lot located further moved that this matter be set for Public th between 16 Street and Kerper Court behind the Hearing on 4/21/03 at a meeting to commence old Smithfield property) and Lot 1-2-1 Byrnes at 6:30 P.M. in the public library auditorium and Subdivision which is the lot upon which Usha that the City Clerk publish notice in the manner Park is located, presented and read. Cline prescribed by law. Seconded by Connors. moved that the communication be received and Motion carried 7-0. filed. Seconded by Connors. Motion carried 7- 0. Locust Street Connector Reconstruction Project – Initiate: City Manager recommending RESOLUTION NO. 106-03 initiation of the public bidding process for the RESOLUTION OF INTENT TO DISPOSE OF Locust Street Connector Reconstruction Project CITY INTEREST UNDER, OVER, AND and that a public hearing be set for May 5, 2003, ACROSS A PORTION OF LOT 1 HEARTLAND presented and read. Cline moved that the PLACE AND LOT 1-2-1 BRYNES communication be received and filed. SUBDIVISION, DUBUQUE, IOWA, BY THE Seconded by Connors. Motion carried 7-0. ISSUANCE OF EASEMENTS TO ALLIANT ENERGY (INTERSTATE POWER & LIGHT RESOLUTION NO. 107-03 COMPANY) PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas, the Alliant Energy (Interstate Power & Light Company) requests to install NOW THEREFORE, BE IT RESOLVED BY underground and overhead electrical THE CITY COUNCIL OF THE CITY OF telecommunications lines at two locations: Lot 1 DUBUQUE, IOWA: th Heartland Place (lot located between 16 Street That the proposed plans, specifications, form and Kerper Court behind the old Smithfield of contract and estimated cost for the Locust property); and Lot 1-2-1 Byrnes Subdivision Street Connector Reconstruction Project, in the (which is the lot upon which Usha Park is estimated amount $61,297.16 are hereby located); and approved and ordered filed in the office of the Whereas, the requested easements have been City Clerk for public inspection. submitted and approved by the Engineering Regular Session, April 7, 2003 97 th Passed, adopted and approved this 7 day of less than four days nor more than forty-five days April, 2003. prior to the receipt of said bids at 2:00 p.m. on th Terrance M. Duggan, Mayor the 24 day of April, 2003. Bids shall be opened Attest: Jeanne F. Schneider, CMC, City Clerk and read by the City Clerk at said time and will Cline moved adoption of the Resolution. be submitted to the Council for final action at th Seconded by Connors. Motion carried 7-0. 6:30 p.m. on the 5 day of May, 2003. th Passed, adopted and approved this 7 day of RESOLUTION NO. 108-03 April, 2003. FIXING DATE OF HEARING Terrance M. Duggan, Mayor ON PLANS AND SPECIFICATIONS Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa has given its preliminary Seconded by Connors. Motion carried 7-0. approval on the proposed plans, specifications, and form of contract and placed same on file in Bonson Road Water Main Extension Project – the office of the City Clerk for public inspection Initiate: City Manager recommending initiation of the Locust Street Connector Reconstruction of the public bidding process for the Bonson Project. Road Water Main Extension Project and that a NOW THEREFORE, BE IT RESOLVED BY public hearing be set for May 5, 2003, presented THE CITY COUNCIL OF THE CITY OF and read. Cline moved that the communication DUBUQUE, IOWA: be received and filed. Seconded by Connors. th That a public hearing will be held on the 5 Motion carried 7-0. day of May, 2003, at 6:30 p.m. in the Public RESOLUTION NO. 110-03 Library Auditorium at which time interested PRELIMINARY APPROVAL OF persons may appear and be heard for or against PLANS AND SPECIFICATIONS the proposed plans and specifications, form of contract and cost of said improvement, and the NOW THEREFORE, BE IT RESOLVED BY City Clerk be and is hereby directed to cause a THE CITY COUNCIL OF THE CITY OF notice of time and place of such hearing to be DUBUQUE, IOWA: published in a newspaper having general That the proposed plans, specifications, form circulation in the City of Dubuque, Iowa, which of contract and estimated cost for the Bonson notice shall be not less than four days nor more Road Watermain Extension Project, in the than twenty days prior to the day fixed for its estimated amount $34,927.20 are hereby consideration. At the hearing, any interested approved and ordered filed in the office of the person may appear and file objections to the City Clerk for public inspection. th proposed plans, specifications, contract, or Passed, adopted and approved this 7 day of estimated cost of the improvement. April, 2003. th Passed, adopted and approved this 7 day of Terrance M. Duggan, Mayor April, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Cline moved adoption of the Resolution. Attest: Jeanne, F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. RESOLUTION NO. 111-03 Seconded by Connors. Motion carried 7-0. FIXING DATE OF HEARING RESOLUTION NO. 109-03 ON PLANS AND SPECIFICATIONS ORDERING BIDS Whereas, the City Council of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa has given its preliminary THE COUNCIL OF THE CITY OF DUBUQUE, approval on the proposed plans, specifications, IOWA: and form of contract and placed same on file in That the Locust Street Connector the office of the City Clerk for public inspection Reconstruction Project is hereby ordered to be of the Bonson Road Watermain Extension advertised for bids for construction. Project. BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF an amount which shall conform to the provisions DUBUQUE, IOWA: th of the Notice to Bidders hereby approved as a That a public hearing will be held on the 5 part of the plans and specifications heretofore day of May, 2003, at 6:30 p.m. in the Public adopted. Library Auditorium at which time interested That the City Clerk is hereby directed to persons may appear and be heard for or against advertise for bids for the construction of the the proposed plans and specifications, form of improvements herein provided, to be published contract and cost of said improvement, and the in a newspaper having general circulation in the City Clerk be and is hereby directed to cause a City of Dubuque, Iowa, which notice shall not be notice of time and place of such hearing to be 98 Regular Session, April 7, 2003 published in a newspaper having general That the proposed plans, specifications, form circulation in the City of Dubuque, Iowa, which of contract and estimated cost for the Iowa notice shall be not less than four days nor more Street Ramp Skywalk Improvement Project, in than twenty days prior to the day fixed for its the estimated amount of $63,000.00 are hereby consideration. At the hearing, any interested approved and ordered filed in the office of the person may appear and file objections to the City Clerk for public inspection. proposed plans, specifications, contract, or Passed, adopted, and approved this 7th day of estimated cost of the improvement. April, 2003. th Passed, adopted and approved this 7 day of Terrance M. Duggan, Mayor April, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Cline moved adoption of the Resolution. Attest: Jeanne, F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Cline moved adoption of the Resolution. RESOLUTION NO. 114-03 Seconded by Connors. Motion carried 7-0. FIXING DATE OF HEARING RESOLUTION NO. 112-03 ON PLANS AND SPECIFICATIONS ORDERING BIDS Whereas, the City Council of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa has given its preliminary THE COUNCIL OF THE CITY OF DUBUQUE, approval on the proposed plans, specifications, IOWA: and form of contract and placed same on file in That the Bonson Road Watermain Extension the office of the City Clerk for public inspection Project is hereby ordered to be advertised for of the Iowa Street Ramp Skywalk Improvement bids for construction. Project. BE IT FURTHER RESOLVED, that the amount NOW, THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF an amount which shall conform to the provisions DUBUQUE, IOWA: of the Notice to Bidders hereby approved as a That on the 19th day of May, 2003, a public part of the plans and specifications heretofore hearing will be held at 6:30 p.m. in the Public adopted. Library Auditorium at which time interested That the City Clerk is hereby directed to persons may appear and be heard for or against advertise for bids for the construction of the the proposed plans and specifications, form of improvements herein provided, to be published contract and cost of said improvement, and the in a newspaper having general circulation in the City Clerk be and is hereby directed to cause a City of Dubuque, Iowa, which notice shall not be notice of time and place of such hearing to be less than four days nor more than forty-five days published in a newspaper having general prior to the receipt of said bids at 2:00 p.m. on circulation in the City of Dubuque, Iowa, which th the 24 day of April, 2003. Bids shall be opened notice shall be not less than four days nor more and read by the City Clerk at said time and will than twenty days prior to the day fixed for its be submitted to the Council for final action at consideration. At the hearing, any interested th 6:30 p.m. on the 5 day of May, 2003. person may appear and file objections to the th Passed, adopted and approved this 7 day of proposed plans, specifications, contract, or April, 2003. estimated cost of the improvement. Terrance M. Duggan, Mayor Passed, adopted, and approved this 7th day of Attest: Jeanne F. Schneider, CMC, City Clerk April, 2003. Cline moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Connors. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Iowa Street Ramp Skywalk Improvement Seconded by Connors. Motion carried 7-0. Project – Initiate: City Manager recommending RESOLUTION NO. 115-03 initiation of the public bidding process for the ORDERING BIDS Iowa Street Ramp Skywalk Improvement Project and that a public hearing be set for May 19, NOW, THEREFORE, BE IT RESOLVED BY 2003, presented and read. Cline moved that the THE COUNCIL OF THE CITY OF DUBUQUE, communication be received and filed. IOWA: Seconded by Connors. Motion carried 7-0. That the Iowa Street Ramp Skywalk Improvement Project is hereby ordered to be RESOLUTION NO. 113-03 advertised for bids for construction. PRELIMINARY APPROVAL OF BE IT FURTHER RESOLVED, that the amount PLANS AND SPECIFICATIONS of the security to accompany each bid shall be in NOW, THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions THE CITY COUNCIL OF THE CITY OF of the Notice to Bidders hereby approved as a DUBUQUE, IOWA: Regular Session, April 7, 2003 99 RESOLUTION NO. 117-03 part of the plans and specifications heretofore RESOLUTION TO SUPPORT IOWANS adopted. CALLED TO DUTY BY PASSING THE That the City Clerk is hereby directed to SERVICE MEMBER SUPPORT AGENDA advertise for bids for the construction of the improvements herein provided, to be published Whereas, more than 2,000 Iowans in the in a newspaper having general circulation in the National Guard, the Reserve and on active duty City of Dubuque, Iowa, which notice shall not be have been called to duty in Iraq and for less than four days nor more than forty-five days Homeland Security; and th prior to the receipt of bids at 2:00 p.m. on the 6 Whereas, these Iowans are disrupting their day of May, 2003. Bids shall be opened and lives and families to serve their country; and read by the City Clerk at said time and will be Whereas, the “Service Members Support submitted to the City Council for final action at Agenda” is a collection of common sense 6:30 p.m. on the 19th day of May, 2003. suggestions developed in consultation with Iowa Passed, adopted and approved this 7th day of service members that the State of Iowa can do April, 2003. to help ease the stresses they and their families Terrance M. Duggan, Mayor face. These are no-cost and low-cost steps that Attest: Jeanne F. Schneider, CMC, City Clerk include delayed filing of taxes, tuition rebates for Cline moved adoption of the Resolution. students forced to leave classes for the military, Seconded by Connors. Motion carried 7-0. allowing service members to deduct military expenses, and the elimination of state taxes on BOARDS/COMMISSIONS death benefits; and Whereas, in a month the Iowa Legislature is Applicants are invited to address the Council scheduled to finish its session and none of these regarding their desire to serve on the following messages have passed the Legislature. Board: NOW, THEREFORE, BE IT RESOLVED BY MECHANICAL CODE BOARD (Two 3-Year THE CITY COUNCIL OF THE CITY OF Terms to Expire 3/16/06 – Terms of Geisler and DUBUQUE, IOWA: Willenborg); Applicants: Todd Geisler and Section 1. That the Dubuque City Council urge Harlan J. Willenborg. No one spoke. the Iowa Legislature make supporting Iowans called to duty a top priority and consider these ACTION ITEMS measures on the floor of the Iowa House and Senate as soon as possible and take action Convention and Visitors Bureau: Sue before the end of the session. Czeshinski, Convention and Visitors Bureau, Passed, approved and adopted this 7th day of gave a verbal quarterly report about the April, 2003. successes of the Bureau. Cline moved that the Terrance M. Duggan, Mayor proof be received and filed. Seconded by Attest: Jeanne F. Schneider, City Clerk Nicholson. Motion carried 7-0. Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Penalties for Tobacco Permit Holders: Police Chief recommending the assessment of civil Brownfield Economic Development Initiative: penalties against two tobacco permit holders Communication from the Community and a communication from Attorney Art Gilloon Development Advisory Commission regarding regarding the hearing for the Kwik Stop, the Brownfield Economic Development Initiative presented and read. Markham moved that the (BEDI), presented and read. Nicholson moved communications be received and filed and that the communication be received and filed. assessed penalty but withheld Kwik Stop at this Seconded by Cline. Motion carried 7-0. time. Seconded by Nicholson. Motion carried 7-0. Arbor Glen Apartments First Addition – Final Plat: City Manager recommending approval of Service Member Support Agenda: the final plat of Arbor Glen Apartments First Communication from Senator Steve Warnstadt Addition and acceptance of the dedication of the requesting City Council support of the “Service extension of Raven Oaks Drive, presented and Member Support Agenda” and communication read. Buol moved that the communication be from Emily Whitehead, Iowa Senate Democratic received and filed. Seconded by Nicholson. Research Staff, requesting City Council support Motion carried 7-0. of the “Service Member Support Agenda,” RESOLUTION NO. 116-03 presented and read. Michalski moved that the A RESOLUTION APPROVING THE FINAL communications be received and filed. PLAT OF ARBOR GLEN APARTMENTS Seconded by Nicholson. Motion carried 7-0. FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA 100 Regular Session, April 7, 2003 Whereas, there has been filed with the City And, further provided that said Arbor Group, Clerk a final plat of Arbor Glen Apartments First LLC, as owners of said property, shall secure Addition, in the City of Dubuque, Iowa; and the performance of the foregoing conditions Whereas, upon said final plat appears streets provided in this Section by providing guarantees to be known as Raven Oaks Drive (Lot A) in such form and with such sureties as may be together with certain public utility and surface acceptable to the City Manager of the City of drainage easements, which the owners by said Dubuque, Iowa. final plat have dedicated to the public forever; Section 3. Sidewalk installation shall be the and responsibility of the owner abutting the public Whereas, the conceptual plan has been rights-of-way, including lots with multiple examined by the Zoning Advisory Commission frontages, as required by City Code 41-161 and had its approval endorsed thereon; and through 41-164. The responsibility shall extend Whereas, said final plat has been reviewed by to all successors, heirs and assignees. the City Planner and had her approval endorsed Sidewalk installation will not be required until the thereon, subject to the owners agreeing to the development of the lot has been completed, conditions noted in Section 2 below; and except as required herein. In sparsely Whereas, said final plat has been examined by developed subdivisions, sidewalks on developed the City Council and they find that it conforms to lots will not be required until 50% of the lots the statutes and ordinances relating to it, except approved by the plat have been developed. All that no streets or public utilities have yet been vacant lots shall have sidewalks installed upon constructed or installed. development of 80% of the lots approved by the NOW, THEREFORE, BE IT RESOLVED BY plat. THE CITY COUNCIL OF THE CITY OF Section 4. The developer will construct and DUBUQUE, IOWA: maintain the detention facility to operate and Section 1. That the dedication of Raven Oaks function as originally designed constructed as Drive (Lot A) together with the easements for part of Arbor Glen Apartments First Addition, in public utilities as they appear upon said final accordance with all state and local codes and plat, be and the same are hereby accepted; and regulations. Section 2. That the final plat of Arbor Glen Section 5. To install sanitary sewer mains and Apartments First Addition is hereby approved sewer service laterals to each individual and the Mayor and City Clerk are hereby apartment building. authorized and directed to endorse the approval Section 6. That the final acceptance of all of the City of Dubuque, Iowa, upon said final public improvements shall occur upon plat, provided the owners of said property herein certification of the City Engineer to the City named, execute their written acceptance hereto Council that all public improvements have been attached agreeing: completed in accordance with the improvement (a) To reduce Raven Oaks Drive (Lot A) to plans and City standard specifications and grade and to construct concrete curb and gutter accepted by City Council Resolution. and to hard surface with asphaltic concrete, or Section 7. That in the event Arbor Group, LLC with concrete paving with integral curb, all in fails to execute the acceptance and furnish the accordance with the City of Dubuque standard guarantees provided in Section 3 hereof within specifications, all in a manner acceptable to the 180 days after the date of this Resolution, the City Engineer, in conformance with construction provisions hereof shall be null and void and the improvement plans approved by the City acceptance of the dedication and approval the Engineer, and inspected by the City Engineer. plat shall not be effective. (b) To install water main, storm sewers and Passed, approved and adopted this 7th day of catch basins, boulevard street lighting and April 2003. erosion control devices all in accordance with Terrance M. Duggan, Mayor the City of Dubuque standard specifications, all Attest: Jeanne F. Schneider, City Clerk in a manner acceptable to the City Engineer, Buol moved adoption of the Resolution. and in accordance with construction Seconded by Nicholson. Motion carried 7-0. improvement plans approved by the City Engineer, and inspected by the City Engineer. Riverwalk, Amphitheater and Rivers Edge (c) To construct said improvements, prior to Plaza Usage Policies: City Manager two (2) years from the date of acceptance of this recommending approval of Usage Policies for resolution, at the sole expense of the owners, or the Riverwalk, Amphitheater and Rivers Edge future owner; Plaza, presented and read. Buol moved that the (d) To maintain the public improvements, for a communication be received and filed. Seconded period of two (2) years from the date of the by Nicholson. Motion carried 7-0. acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the An Ordinance Amending the City of Dubuque owners, or future owner; Code of Ordinances Chapter 34 Parks and Regular Session, April 7, 2003 101 AMPHITHEATER, AND THE MISSISSIPPI Recreation by amending Sec. 34-52(A) RIVERWALK; BY AMENDING SEC. 34-119 Intoxicating beverages prohibiting the CHANGING MUNICIPAL SWIMMING POOL consumption or use of alcoholic liquors or wine TO NICHOLAS J. SUTTON SWIMMING POOL; in parks by exempting therefrom events at BY AMENDING SEC. 34-127 CHANGING Alliant Energy Amphitheater; by amending Sec. SUNNSLOPES PARK TO TEDDY BEAR 34-52(D) Prohibiting the consumption or use of PARK; BY ADDING A NEW SEC. 34-133 beer In parks by changing Sunnyslopes Park to DESIGNATING RILEY PARK; BY ADDING A Teddy Bear Park and by adding thereto Riley NEW SEC. 34-134 DESIGNATING HARVEST Park, Harvest View Park, Ice Harbor Park, the VIEW PARK; BY ADDING A NEW SEC. 34-135 American Trust River’s Edge Plaza, and the DESIGNATING THE AMERICAN TRUST Mississippi Riverwalk; by amending Sec. 34- RIVER’S EDGE PLAZA; BY ADDING A NEW 74(H) establishing park hours by changing SEC. 34-136 DESIGNATING THE MISSISSIPPI Sunnyslopes Park to Teddy Bear Park and RIVERWALK; BY ADDING A NEW SEC. 34- adding thereto Riley Park, Harvest View Park, 137 DESIGNATING ALLIANT ENERGY and Ice Harbor Park; by adding a new Sec. 34- AMPHITHEATER; BY ADDING A NEW SEC. 74(K) providing for parks that are open twenty- 34-138 DESIGNATING ICE HARBOR PARK; fours per day and including the American Trust AND BY ADDING A NEW SEC. 34-139 River’s Edge Plaza, Alliant Energy DESIGNATING WELU PARK. Amphitheater, and the Mississippi Riverwalk; by amending Sec. 34-119 changing Municipal Section 1. Sec. 34-52(a) of the City of Swimming Pool to Nicholas J. Sutton Swimming Dubuque Code of Ordinances is amended to Pool; by amending Sec. 34-127 changing read as follows: Sunnyslopes Park to Teddy Bear Park; by Sec. 34-52. Intoxicating Beverages: adding a new Sec. 34-133 designating Riley (a) The consumption or use of "alcoholic Park; by adding a new Sec. 34-134 designating liquors" or "wine" as defined by chapter 123 of Harvest View Park; by adding a new Sec. 34-the Code of Iowa or any type of wine product is 135 designating the American Trust River’s prohibited in any public park or park and Edge Plaza; by adding a new Sec. 34-136 recreation facility including park roadways and designating the Mississippi Riverwalk; by adding parking lots. This paragraph shall not apply, a new Sec. 34-137 designating Alliant Energy however, to the consumption or use of alcoholic Amphitheater; by adding a new Sec. 34-138 liquors or wine in Four Mounds Park at an event designating Ice Harbor Park; and by adding a sponsored or expressly approved by the Four new Sec. 34-139 designating Welu Park, Mounds Foundation, or at public events presented and read. sponsored by non-profit organizations held at the American Trust River’s Edge Plaza or the OFFICIAL PUBLICATION Mississippi Riverwalk and for which a special ORDINANCE NO. 20-03 events permit has been issued, or at an event at AMENDING THE CITY OF DUBUQUE CODE the Alliant Energy Amphitheater for which a OF ORDINANCES CHAPTER 34 PARKS AND special events permit has been issued. RECREATION BY AMENDING SEC. 34-52(a) Section 2. Sec. 34-52(d) of the City of INTOXICATING BEVERAGES PROHIBITING Dubuque Code of Ordinances is amended to THE CONSUMPTION OR USE OF read as follows: ALCOHOLIC LIQUORS OR WINE IN PARKS (d) The consumption or use of beer is BY EXCEPTING THEREFROM EVENTS AT prohibited in the following named parks: ALLIANT ENERGY AMPHITHEATER; BY Alliant Energy Amphitheater AMENDING SEC. 34-52(d) PROHIBITING THE The American Trust River’s Edge Plaza CONSUMPTION OR USE OF BEER IN PARKS Allison-Henderson Park BY CHANGING SUNNYSLOPES PARK TO Avon Park TEDDY BEAR PARK AND BY ADDING Burden Park THERETO RILEY PARK, HARVEST VIEW Caledonia Park PARK, ICE HARBOR PARK, THE AMERICAN Cleveland Park TRUST RIVER’S EDGE PLAZA, AND THE Comiskey Park MISSISSIPPI RIVERWALK; BY AMENDING E.B. Lyons Prairie/Woodland Preserve SEC. 34-74(h) ESTABLISHING PARK HOURS Elmwood Green Park BY CHANGING SUNNYSLOPES PARK TO Falk Park TEDDY BEAR PARK AND ADDING THERETO Flat Iron Park RILEY PARK, HARVEST VIEW PARK, AND Gay Park ICE HARBOR PARK; BY ADDING A NEW Granger Creek Nature Trail SEC. 34-74(k) PROVIDING FOR PARKS THAT Grant Park ARE OPEN TWENTY-FOURS PER DAY AND Harvest View Park INCLUDING THE AMERICAN TRUST RIVER’S Heritage Trail EDGE PLAZA, ALLIANT ENERGY Hillcrest Park 102 Regular Session, April 7, 2003 Hilltop Park Marna Ridge Children's Forest Ice Harbor Park Medical Associates Greenbelt Jackson Park Oakwood Park Jefferson Park Pinard Park Madison Park Riley Park Marna Ridge Children's Forest Rocco Buda Jr. Park Medical Associates Greenbelt Southern Park Mississippi Riverwalk Teddy Bear Park Nicholas J. Sutton Swimming Pool Usha Park Pinard Park Valentine Park Riley Park Valley High Park Rocco Buda Jr. Park Waller-Cooper Park Southern Park Washington Park Teddy Bear Park Welu Park Usha Park Section 4. Sec. 34-74 of the City of Dubuque Valentine Park Code of Ordinances is amended by adding Valley High Park thereto the following new paragraph: Waller-Cooper Park (k) The following parks shall be open for use Washington Park by the public twenty-four (24) hours per day: Welu Park Alliant Energy Amphitheater This paragraph shall not apply, however, to the The American Trust River’s Edge Plaza consumption or use of beer at public events The Mississippi Riverwalk sponsored by non-profit organizations held at Section 5. Sec. 34-119 of the City of Dubuque the American Trust River’s Edge Plaza or the Code of Ordinances is amended to read as Mississippi Riverwalk and for which a special follows: events permit has been issued, or at an event at Sec. 34-119. Nicholas J. Sutton Swimming the Alliant Energy Amphitheater for which a Pool: special events permit has been issued. The following described parcel of real estate is This paragraph shall also not apply to the and shall be continued to be known, called and consumption or use of beer in a park for an named as " Nicholas J. Sutton Swimming Pool" event with the prior written approval of the City and placed under the jurisdiction of the Park and Manager. Recreation Advisory Commission: Section 3. Sec. 34-74(h) of the City of Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 Dubuque Code of Ordinances is amended to in Ham's Addition; that part of vacated Garfield read as follows: Avenue lying adjacent to Lots 45, 46, 331 and Sec. 34-74. Open Season And Hours 332 in Ham's Addition; that part of vacated Generally: Summer Street lying adjacent to Lots 44, 45, 46, (h) The following parks and park and 47, 48, 331, 332 and 333 in Ham's Addition; and recreation facilities shall be open for use by the that part of the vacated alley lying adjacent to public from seven o'clock (7:00) A.M. to ten Lots 46 and 47 in Ham's Addition, all in the City o'clock (10:00) P.M. daily: of Dubuque, Iowa. Allison-Henderson Park Section 6. Sec. 34-127 of the City of Dubuque Avon Park Code of Ordinances is amended to read as Burden Park follows: Caledonia Park Sec. 34-127. Teddy Bear Park: Cleveland Park The following described parcel of real estate is Comiskey Park and shall be used for public park purposes and Elmwood Green Park shall be continued to be known, called and Falk Park named as " Teddy Bear Park" and placed under Flat Iron Park the jurisdiction of the Park and Recreation Flora Park Advisory Commission: Gay Park Lot 1 of Block 19, Sunnyslopes Estates in the Granger Creek Nature Trail City of Dubuque, Iowa. Grant Park Section 7. The City of Dubuque Code of Harvest View Park Ordinances is amended by adding thereto the Heritage Trail following new section: Hillcrest Park Sec. 34-133. Riley Park: Hilltop Park The following described parcel of real estate is Ice Harbor Park and shall be used for public park purposes and Jackson Park shall be continued to be known, called and Jefferson Park named as “Riley Park” and placed under the Madison Park Regular Session, April 7, 2003 103 jurisdiction of the Park and Recreation Advisory tracks east of Bell Street, and adjacent to the Commission: former Dubuque Star Brewery. Lot E of Crescent Heights, a subdivision of Lot 1 Section 12. The City of Dubuque Code of of Lot 2 of Mineral Lot 290, Lot 1 of Mineral Lot Ordinances is amended by adding thereto the 290, and Lot 2 of Mineral Lot 285, in the City of following new section: Dubuque, Iowa. Sec. 34-138. Ice Harbor Park: Section 8. The City of Dubuque Code of The following described parcel of real estate is Ordinances is amended by adding thereto the and shall be used for public park purposes and following new section: shall be continued to be known, called and Sec. 34-134. Harvest View Park: named as “Ice Harbor Park” and placed under The following described parcel of real estate is the jurisdiction of the Park and Recreation and shall be used for public park purposes and Advisory Commission: shall be continued to be known, called and The area of the Port of Dubuque between the named as “Harvest View Park” and placed under Portside Building and the National Mississippi the jurisdiction of the Park and Recreation River Museum and Aquarium. Advisory Commission: Sec. 34-139. Welu Park: Lot A of Harvest View Estates, Lot 1 of Lot 1 of The following described parcel of real estate is Lot 1 of Lot 1 and Lot 2 of Lot 2 of Lot 1 of the and shall be used for public park purposes and east half of the southwest quarter of section 16, shall be continued to be known, called and th T89N, R2E of the 5 principal meridian in the named as “Welu Park” and placed under the City of Dubuque, Iowa. jurisdiction of the Park and Recreation Advisory Section 9. The City of Dubuque Code of Commission: Ordinances is amended by adding thereto the Lot 22 of Sunset Park Eighth Addition to the following new section: City of Dubuque, Iowa th Sec. 34-135. The American Trust River’s Edge Passed, approved and adopted this 7day of Plaza: April, 2003. The following described parcel of real estate is Terrance M. Duggan, Mayor and shall be used for public park purposes and Attest: Jeanne F. Schneider, City Clerk shall be continued to be known, called and Published officially in the Telegraph Herald the th named as “The American Trust River’s Edge 11 day of April, 2003. Plaza” and placed under the jurisdiction of the /s/Jeanne F. Schneider, CMC, City Clerk Park and Recreation Advisory Commission: 1t 4/11 That area, including the flat area, steps and Buol moved that the requirement that a ramp, outside the floodwall at the Port of proposed Ordinance be considered and voted Dubuque at the south end of the Mississippi on for passage at two Council Meetings prior to Riverwalk. the meeting at which it is to be finally passed be Section 10. The City of Dubuque Code of suspended and further moved final Ordinances is amended by adding thereto the consideration and passage of the Ordinance. following new section: Seconded by Nicholson. Motion carried 7-0. Sec. 34-136. Mississippi Riverwalk: The following described parcel of real estate is Extension of Highway 20 Building Permit and shall be used for public park purposes and Moratorium: City Manager recommending shall be continued to be known, called and approval of a request from the Iowa Department named as “Mississippi Riverwalk” and placed of Transportation to extend the building permit under the jurisdiction of the Park and Recreation moratorium on Highway 20 through May 1, Advisory Commission: 2004, presented and read. Buol moved that the The walkway on the floodwall between The communication be received and filed. Seconded American Trust River’s Edge Plaza and the by Nicholson. Motion carried 7-0. Alliant Energy Amphitheater. Section 11.The City of Dubuque Code of An Ordinance Amending Chapter 11 (Buildings Ordinances is amended by adding thereto the and Building Regulations) of the City of following new section: Dubuque Code of Ordinances by amending Sec. 34-137. Alliant Energy Amphitheater: Section 11-58.1 of the City of Dubuque Code of The following described parcel of real estate is Ordinances by establishing a twelve month and shall be used for public park purposes and moratorium on the issuance of permits for work shall be continued to be known, called and in the U.S. Highway 20 corridor, presented and named as “Alliant Energy Amphitheater” and read. placed under the jurisdiction of the Park and OFFICIAL PUBLICATION Recreation Advisory Commission: ORDINANCE NO. 21-03 The area of the Port of Dubuque west of the AN ORDINANCE AMENDING CHAPTER 11 Mississippi Riverwalk, south of the railroad (BUILDINGS AND BUILDING REGULATIONS) 104 Regular Session, April 7, 2003 OF THE CITY OF DUBUQUE CODE OF communication be received and filed. Seconded ORDINANCES BY AMENDING SECTION 11- by Connors. Motion carried 7-0. 58.1 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ESTABLISHING A TWELVE An Ordinance Amending Chapter 11 (Buildings MONTH MORATORIUM ON THE ISSUANCE and Building Regulations) of the City of OF PERMITS FOR WORK IN THE U.S. Dubuque Code of Ordinances by amending HIGHWAY 20 CORRIDOR Section 11-58.3 of the City of Dubuque Code of Whereas, the Iowa and Illinois Departments of Ordinances by establishing a twelve month Transportation has conducted a U.S 20 moratorium on the issuance of permits for work Mississippi River Crossing Study and in the IA 32/Southwest Arterial Corridor, determined the right-of-way needs for the presented and read. project; and OFFICIAL PUBLICATION Whereas, the issuance of permits in the ORDINANCE NO. 22-03 proposed right-of-way of U.S. 20 could impact AN ORDINANCE AMENDING CHAPTER 11 the project negatively. (BUILDINGS AND BUILDING REGULATIONS) NOW, THEREFORE, BE IT ORDAINED BY OF THE CITY OF DUBUQUE CODE OF THE CITY COUNCIL OF THE CITY OF ORDINANCES SECTION 11-58.3 DUBUQUE, IOWA: ESTABLISH-ING A MORATORIUM ON THE Section 1. Chapter 11 (Buildings and Building ISSUANCE OF PERMITS FOR WORK IN THE regulations) of the City of Dubuque Code of IA32-SOUTHWEST ARTERIAL CORRIDOR BY Ordinances is hereby amended by amending EXTENDING SUCH MORATORIUM FOR Section 11-58.1 as follows: TWELVE MONTHS. Section 11-58.1 Moratorium – for work in the U.S. 20 Corridor. The building official shall not Whereas, the Iowa Department of issue any permit for any new construction or Transportation (IDOT) and the City of Dubuque substantial enlargement, alteration, repair or are conducting an IA32-Southwest Arterial remodeling of any structure, building, or sign in Corridor Study, which will include the the U.S. 20 (Dodge Street), but not to include determination of a preferred alignment; and demolition, from the eastern corporate limits of Whereas, Section 11-58.3 of the City of the City of Dubuque westerly to the intersection Dubuque Code of Ordinances establishing a of U.S. 20 (Dodge Street) with Bluff Street, as moratorium on the issuance of permits for work shown on the map on file in the Office of the City in the corridor; and th Clerk, 50 West 13 Street, Dubuque, Iowa, Whereas, the IDOT has requested that the during a period from May 2, 2003 to May 1, City of Dubuque extend said moratorium an 2004, except where a vested right to the additional twelve months to allow the City to issuance of such permit accrued prior to May 1, further explore alternative routes and 2001 environmental impacts; and Section 2. This Ordinance shall take effect on Whereas, the City of Dubuque desires to May 1, 2003. minimize potential development conflicts during th Passed, approved and adopted this 7 day of this study by extending the moratorium for the April, 2003. IA32 - Southwest Arterial Corridor. Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT ORDAINED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF Published officially in the Telegraph Herald the DUBUQUE, IOWA: th 11 day of April, 2003. Section 1. Chapter 11 (Buildings and Building Jeanne F. Schneider, CMC, City Clerk Regulations) of the City of Dubuque Code of 1t 4/11 Ordinances Section 11-58.3 is hereby amended Buol moved that the requirement that a as follows: proposed Ordinance be considered and voted Section 11-58.3 Moratorium – for work in the on for passage at two Council Meetings prior to IA32-Southwest Arterial Corridor. The Building the meeting at which it is to be finally passed be Official shall not issue any permit for any new suspended and further moved final construction or substantial enlargement, consideration and passage of the Ordinance. alteration, repair or remodeling of any structure, Seconded by Nicholson. Motion carried 7-0. building, or sign in the IA32-Southwest Arterial Corridor but not to include demolition, as shown IA 32 / Southwest Arterial Corridor Building on the map on file in the Office of the City Clerk, th Permit Moratorium: City Manager 50 West 13 Street, Dubuque, Iowa, during a recommending approval of a request by the period from the date of publication of this Iowa Department of Transportation to extend the ordinance to May 1, 2004, except where a building permit moratorium in the IA vested right to the issuance of such permit 32/Southwest Arterial Corridor through May 1, accrued prior to November 20, 2000. 2004, presented and read. Buol moved that the Regular Session, April 7, 2003 105 RATES FOR RESIDENTIAL AND Section 2. This Ordinance shall take effect COMMERCIAL USERS. upon publication, as provided by law. th Passed, approved and adopted this 7 day of NOW, THEREFORE, BE IT ORDAINED BY April, 2003. THE CITY COUNCIL FOR THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. Ordinance No. 10-03 is hereby Published officially in the Telegraph Herald the repealed. th 11 day of April, 2003. Section 2. Section 44-83 (a)(2) of the Code of Jeanne F. Schneider, CMC, City Clerk Ordinances, City of Dubuque, Iowa is hereby 1t 4/11 amended to read as follows: Buol moved that the requirement that a Rates per each one hundred (100) cubic proposed Ordinance be considered and voted feet…..$ 1.64 on for passage at two Council Meetings prior to Section 3. Section 44-83 (a)(3)g. of the Code the meeting at which it is to be finally passed be of Ordinances, City of Dubuque, is hereby suspended and further moved final amended to read as follows: consideration and passage of the Ordinance. Where the quantity of water consumed is such Seconded by Connors. Motion carried 7-0. that the minimum service is charged, the minimum sewer service charge, according to the Social Security Coverage for Part-Time size of the meter, shall be as follows: Elected Officials: City Manager submitting Meter Size Minimum Allowance information from IPERS relative to social (inches) Charge (cubic feet) security coverage for part-time elected officials, 5/8 $ 3.28 200 presented and read. Buol moved to receive 3/4 $ 8.20 500 and file and leave as is. Seconded by 1 or larger $13.12 800 Nicholson. Carried by the following vote: Section 4. This Ordinance shall take effect on Yeas—Buol, Cline, Connors, Duggan, Michalski, the first day of July, 2003. th Nicholson. Nays—Markham. Passed, approved and adopted this 7 day of April, 2003. Gateway Signs: City Manager submitting Terrance M. Duggan, Mayor information on a request from the Dubuque Attest: Jeanne F. Schneider, City Clerk Rotary Club to initiate a Community Gateway Published officially in the Telegraph Herald the th Signage Program and requesting Council 11 day of April, 2003. direction, presented and read. Jeanne F. Schneider, CMC, City Clerk Gary Olson and Tom Reilly spoke clarifying 1t 4/11 aspects of the requested signage. Buol moved that the requirement that a Nicholson moved that the communication be proposed Ordinance be considered and voted received and filed and approved request. on for passage at two Council Meetings prior to Seconded by Connors. Motion carried 7-0. the meeting at which it is to be finally passed be suspended and further moved final Fiscal Year 2004 Sewer Service Charge: City consideration and passage of the Ordinance. Manager recommending approval of an Seconded by Connors. Motion carried 7-0. amended ordinance establishing basic sewer rates for residential and commercial users, At 7:23 P.M. Buol moved to go into Closed presented and read. Buol moved that the Session re: Pending Litigation and Property communication be received and filed. Seconded Acquisition – Chapter 21.5(1)(c)(j) 2001 Code of by Connors. Motion carried 7-0. Iowa. Seconded by Markham. Motion carried 7- 0. An Ordinance Repealing Ordinance No. 10-03 amending the Code of Ordinances of the City of At 7:43 P.M. Council reconvened Regular Dubuque, Iowa, Sections 44-83(a)(2) and 44-83 Session stating that Staff had been given proper (a)(3)g. Establishing basic sewer rates for direction. residential and commercial users, presented and read. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion OFFICIAL PUBLICATION carried 7-0. The meeting adjourned at 7:45 ORDINANCE NO. 23-03 P.M. AN ORDINANCE REPEALING ORDINANCE NO. 10-03 AMENDING THE CODE OF /s/ Jeanne F. Schneider, CMC ORDINANCES OF THE CITY OF DUBUQUE, City Clerk IOWA, SECTIONS 44-83 (a)(2) AND 44-83 1t 4/16 (a)(3)g. ESTABLISHING BASIC SEWER Regular Session, April 21, 2003 107 that the claims and suits be referred to the Legal DUBUQUE Staff for investigation and report. Seconded by Connors. Motion carried 7-0. CITY COUNCIL OFFICIAL Wagner Subdivision – Final Plat: Zoning PROCEEDINGS Advisory Commission recommending approval of the final plat of Wagner Subdivision located at City Council, Regular Session, April 21, 2003 2711 Brunskill Road, presented and read. Buol Council met in Regular Session at 6:30 P.M. in moved that the communication be received and the Library Auditorium filed. Seconded by Connors. Motion carried 7- 0. Present: Mayor Duggan, Council Member RESOLUTION NO. 118-03 Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, RESOLUTION APPROVING THE FINAL PLAT Corporation Counsel Barry Lindahl. OF WAGNER SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Mayor Duggan read the call and stated this is Whereas, there has been filed with the City a regular session of the City Council called the Clerk a Final Plat of Wagner Subdivision in the purpose of discussing such matters which may City of Dubuque, Iowa; and properly come before the City Council. Whereas, said plat of survey has been examined by the Zoning Advisory Commission Invocation was given by Sister Paula Maloy, and had its approval endorsed thereon; and SVM. Whereas, said plat of survey has been examined by the City Council and they find that Proclamations: Commendation of Fire Rescue it conforms to the statues and ordinances received by various Police and Fire Officers; relating thereto. Sexual Assault Awareness Month (April, 2003); NOW THEREFORE, BE IT RESOLVED BY Community Development Week (April 21 – 27, THE CITY COUNCIL OF THE CITY OF 2003) received by Sister Paula Maloy; Arbor DUBUQUE, IOWA: Day (April 26, 2003); and Make-A-Wish Week Section 1. That the Final Plat of Wagner (April 27 – May 3, 2003) received by Dave Subdivision is hereby approved, and the Mayor Jewett and Sandy Steuer. and City Clerk are hereby is authorized and directed to endorse the approval of the City of CONSENT ITEMS Dubuque, Iowa upon said final plat. st Passed, approved and adopted this 21 day of Minutes Submitted: City Council of 4/7; Civil April 2003. Service Commission of 3/11 and 3/27; Terrance M. Duggan, Mayor Environmental Stewardship Advisory Com- Attest: Jeanne F. Schneider, City Clerk mission of 4/1; Five Flags Commission of 2/17; Buol moved adoption of the Resolution. Housing Commission of 3/25; Housing Seconded by Connors. Motion carried 7-0. Commission Trust Fund of 3/25; Human Rights Commission of 3/10; Zoning Advisory Five Flags Arena HVAC System: City Commission of 3/5 and 4/2; Zoning Board of Manager recommending the approval of Shive Adjustment of 3/27, presented and read. Buol Hattery Engineers to design the Five Flags moved that the minutes be received and filed. Arena HVAC System replacement, presented Seconded by Connors. Motion carried 7-0. and read. Buol moved that the communication be received and filed and approved Proof of publication of City Council recommendation. Seconded by Connors. Proceedings of 3/17, presented and read. Buol Motion carried 7-0. moved that the proof be received and filed. Seconded by Connors. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the quarterly investment report for the Finance Director submitting the Financial period from January 1, 2003 through March 31, Reports for the month ending March 31, 2003, 2003, presented and read. Buol moved that the presented and read. Buol moved that the communication and report be received and filed. communication be received and filed. Seconded Seconded by Connors. Motion carried 7-0. by Connors. Motion carried 7-0. Purchase of Service Agreements: Notice of Claims/Suits: Holy Ghost Parish Communication from the City Manager Credit Union for property damage; Progressive regarding the funding of various Purchase of Concrete Systems LLC for payment for work Service agreements, presented and read. Buol performed, presented and read. Buol moved moved that the communication be received and 108 Regular Session, April 21, 2003 filed. Seconded by Connors. Motion carried 7-Dubuque Main Street – Purchase of Service 0. Agreement: City Manager recommending approval of a Purchase of Service Agreement Dubuque Area Lifetime Center – Purchase of with Dubuque Main Street, presented and read. Service Agreement: City Manager recom-Buol moved that the communication be received mending approval of a Purchase of Service and filed and approved Agreement. Seconded Agreement with the Dubuque Area Lifetime by Connors. Motion carried 7-0. Center, presented and read. Buol moved that the communication be received and filed and United States Senator Charles Grassley: approved Agreement. Seconded by Connors. Communication from Senator Charles Grassley Motion carried 7-0. in response to the City’s inquiry about the availability of federal funds for the City of St. Stephens Food Bank – Purchase of Dubuque, presented and read. Buol moved Service Agreement: City Manager that the communication be received and filed. recommending approval of a Purchase of Seconded by Connors. Motion carried 7-0. Service Agreement with St. Stephens Food Bank in the amount of $1,000, presented and U.S. Department of Housing and Urban read. Buol moved that the communication be Development: Communication from the U.S. received and filed and approved Agreement. Department of Housing and Urban Development Seconded by Connors. Motion carried 7-0. regarding the City’s Community Development Block Grant Program, presented and read. Washington Neighborhood Tool Library – Buol moved that the communication be received Purchase of Service Agreement: City Manager and filed and referred to the City Manager. recommending approval of a Purchase of Seconded by Connors. Motion carried 7-0. Service Agreement with the Washington Neighborhood Tool Library, presented and read. Legislative Correspondence: Communication Buol moved that the communication be received of City Manager Michael C. Van Milligen, dated and filed and approved Agreement. Seconded March 6, 2003, to local legislators regarding the by Connors. Motion carried 7-0. gaming tax lawsuit, presented and read. Buol moved that the communication be received and Project Concern – Purchase of Service filed. Seconded by Connors. Motion carried 7- Agreement: City Manager recommending 0. approval of a Purchase of Service Agreement with Project Concern for Information and Communication of City Manager Michael C. Referral in the amount of $3,500 and Child Care Van Milligen, dated April 9, 2003, to local Resource and Referral in the amount of $8,576, legislators regarding the gaming tax issue, presented and read. Buol moved that the presented and read. Buol moved that the communication be received and filed and communication be received and filed. Seconded approved Agreement. Seconded by Connors. by Connors. Motion carried 7-0. Motion carried 7-0. Dubuque Arboretum and Botanical Gardens: Greater Dubuque Development Corporation – Communication from Jack Frick, President of the Purchase of Service Agreement: City Manager Dubuque Arboretum and Botanical Gardens recommending approval of a Purchase of Board of Directors, requesting that no parking be Service Agreement with the Greater Dubuque allowed on the south side of Arboretum Drive, Development Corporation in the amount of presented and read. Buol moved that the $127,500, presented and read. Buol moved communication be received and filed and that the communication be received and filed referred to the City Manager. Seconded by and approved Agreement. Seconded by Connors. Motion carried 7-0. Connors. Motion carried 7-0. Civil Service Commission: Civil Service Chamber of Commerce Convention and Commission submitting the certified list for the Visitors Bureau – Purchase of Service position of Mechanic, presented and read. Agreement: City Manager recommending March 27, 2003 approval of a Purchase of Service Agreement Honorable Mayor and Members of the City with the Chamber of Commerce Convention and Council Visitors Bureau, presented and read. Buol In accordance with Chapter 400 of the 2001 moved that the communication be received and Code of Iowa, an examination for the position of filed and approved Agreement. Seconded by Mechanic was given on March 17, 2003. We Connors. Motion carried 7-0. hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from Regular Session, April 21, 2003 109 this list and that this list is good for two (2) years read. Buol moved that the communication be from above date. received and filed. Seconded by Connors. MECHANIC Motion carried 7-0. Robert Bingham Ronald J. Schilling Paul A. Herman Daniel Z. Taylor Dubuque Bank and Trust: Communication Joseph J. Vondran Thomas D. Weber from Dubuque Bank and Trust requesting Duane J. Ernster Darren G. Steil approval to construct an underground walkway Russell A. Duve Peter S. Finger on public right-of-way to connect the main bank Wade A. Gartner Dennis A. Groom with the “Old Walsh Building” which they are Mark R. Taylor Robert J. Callahan renovating, presented and read. Buol moved Darryl W. Galle Daniel J. Kass that the communication be received and filed Peter G. Kruschke Loras C. Decker and referred to the City Manager. Seconded by Nick R. DeMaio David J. Kluesner Connors. Motion carried 7-0. Charles R. Moes Allan P. Smith James L. Smith Paul P. Erschen Department of the Army – Corps of Engineers: David R. Nauman Nikolas P. Schroeder Communication from Gary Loss of the Rock Kenneth C. Davis Brian J. Loeffelholz Island Corps of Engineers to Donna Smith, Gary M. Nauman Richard W. Majerus Dubuque County Board of Supervisors, Jeffrey D. Simons regarding a special study along the Couler Respectfully submitted, Valley reach of the Little Maquoketa River in /s/ Merle Duehr, Chairperson Dubuque County, presented and read. Buol /s/ Loras Kluesner moved that the communication be received and /s/ Richard Wertzberger filed. Seconded by Connors. Motion carried 7- Civil Service Commission 0. Buol moved that the above Civil Service certification be received and filed and made a Business License Refund: Request of Rod matter of record. Seconded by Connors. Christ, Mama Cassetti’s Pasta, for a refund of Motion carried 7-0. their Beer and Liquor License in the amount of $168.75, presented and read. Buol moved that PPEL Revenue Requirements: City Manager the communication be received and filed and advising that the Fiscal Year 2004 Physical approved request. Seconded by Connors. Plant and Equipment Levy (PPEL) TIF Revenue Motion carried 7-0. Certification has been submitted to Dubuque County Auditor Denise Dolan, presented and Business Licenses: read. Buol moved that the communication be RESOLUTION NO. 119-03 received and filed. Seconded by Connors. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Notice of Bankruptcy Filing: Notice of DUBUQUE, IOWA: bankruptcy filing and final hearing on certain That the following having complied with the motions and applications in the matter of Eagle provisions of law relating to the sale of Food Centers, Inc., presented and read. Buol Cigarettes within the City of Dubuque, Iowa, be moved that the communication be received and granted a permit to sell Cigarettes and Cigarette filed. Seconded by Connors. Motion carried 7-Papers within said City. 0. NEW Bodine’s Bodine’s LLC Iowa Department of Economic Development: 1445 Central Ave Communication from the Iowa Department of Paro Food Mart Sahajanand Enterprises, Inc. Economic Development advising that the City’s 3200 Central Av st Local Housing Assistance Program Contract has Passed, approved and adopted this 21 day been amended, as requested, presented and of April, 2002. read. Buol moved that the communication be Terrance M. Duggan, Mayor received and filed. Seconded by Connors. Attest: Jeanne F. Schneider, CMC, City Clerk Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Southwest Arterial Update: City Manager RESOLUTION NO. 120-03 submitting information provided to our BEER Congressional Delegation concerning the need for additional federal funding to finance the Iowa Whereas, applications for Beer Permits have 32 (Southwest Arterial) project and advising that been submitted and filed to this Council for Congressman Nussle has submitted a $41 approval and the same have been examined million request for such funding, presented and and approved: and 110 Regular Session, April 21, 2003 Whereas, the premises to be occupied by Passed, approved and adopted this 21st day such applicants were inspected and found to of April, 2003. comply with the Ordinances of the City and have Terrance M. Duggan, Mayor filed proper bonds. Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Connors. Motion carried 7-0. DUBUQUE, IOWA: ITEMS TO BE SET FOR PUBLIC HEARING That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. Port of Dubuque – Vacate: City Manager CLASS “B” BEER PERMIT recommending that a public hearing be set for Music N More Promotions Music N More – May 5, 2003 to consider the vacation of certain Tent A. Main St Town Clock streets and alleys in the Port of Dubuque, north Music N More Promotions Music N More – and west of Bell Street and the Brewery to the Tent B. Main St Town Clock railroad right-of-way, presented and read. CLASS “C” BEER PERMIT Markham moved that the communication be McCann Service Inc. McCann’s Service + received and filed. Seconded by Cline. Motion (Sunday Sale) 690 W Locust St carried 7-0. Kwik Trip Inc. Tobacco Outlet # 504+ RESOLUTION NO. 122-03 (Sunday Sale) 806 Wacker Dr RESOLUTION APPROVING PLAT OF Sahajanand Enterprises Paro Food Mart+ PROPOSED VACATED PORTION OF WALL (Sunday Sale) 3200 Central Av STREET, WASHINGTON STREET, CYPRESS Passed, approved and adopted this 21st day STREET, AND ALLEYS IN BLOCKS 20 AND of April, 2003. 28, DUBUQUE HARBOR IMPROVEMENT Terrance M. Duggan, Mayor COMPANY ADDITION Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Whereas, there has been presented to the City Seconded by Connors. Motion carried 7-0. Council of the City of Dubuque, Iowa, a plat dated April 11, 2003, prepared by WHKS & RESOLUTION NO. 121-03 Company, describing the proposed vacated Whereas, applications for Liquor Licenses portion of the Wall Street, Washington Street, have been submitted to this Council for approval Cypress Street, and alleys in Blocks 20 and 28, and the same have been examined and Dubuque Harbor Improvement Company approved; and Addition; and Whereas, the premises to be occupied by such Whereas, said plat conforms to the laws and applicants were inspected and found to comply statutes pertaining thereto. with the State Laws and all City Ordinances NOW, THEREFORE, BE IT RESOLVED BY relevant thereto and they have filed proper THE CITY COUNCIL OF THE CITY OF bonds. DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the plat dated April 11, 2003, THE CITY COUNCIL OF THE CITY OF prepared by WHKS & Company, relative to the DUBUQUE, IOWA: real estate hereinabove described be and the That the Manager be authorized to cause to be same is hereby approved, and the Mayor and issued the following named applicants a Liquor City Clerk be and they are hereby authorized License. and directed to execute said plat for and on CLASS “A” LIQUOR LICENSE behalf of the City of Dubuque, Iowa. Dubuque Order of Moose #355 Dubuque Section 2. The City of Dubuque reserves unto Lodge#355+(Sunday Sale) 1166 Main St itself a temporary easement including the right of CLASS “C” BEER/LIQUOR LICENSE ingress and egress thereto, for the purpose of Bodines LLC Bodines+ erecting, installing, constructing, reconstructing, (Sunday Sale) 1445 Central Av repairing, owning, operating, and maintaining Davey Robertsons Public Bar The Busted water, sewer, drainage, gas, telephone, Lift+(Sunday Sale) 180 Main St television cable, fiber optics, and electric lines as Central Tap, Inc Central Tap+ may be authorized by the City of Dubuque, (Sunday Sale) 1046 Central Av Iowa. This temporary easement will terminate DBQ Inc. Shot Tower Inn+ upon the replatting and relocation of said (Sunday Sale) 390 Locust St utilities. Knights of Columbus Dubuque # 510 Knights of Section 3. That the City Clerk be and is hereby Columbus # 510 781 Locust St authorized and directed to file said plat and Carol Meyers A & B Tap certified copy of this resolution in the office of 2600 Central Av the Recorder in and for Dubuque County, Iowa. Regular Session, April 21, 2003 111 st Passed, approved and adopted this 21 day of Company, describing the proposed vacated April, 2003. portion of Bell Street and alley in Block 11, Terrance M. Duggan, Mayor Dubuque Harbor Improvement Company Attest: Jeanne F. Schneider, CMC, City Clerk Addition; and Markham moved adoption of the Resolution. Whereas, said plat conforms to the laws and Seconded by Cline. Motion carried 7-0. statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 123-03 THE CITY COUNCIL OF THE CITY OF RESOLUTION APPROVING PLAT OF DUBUQUE, IOWA: PROPOSED VACATED PORTION OF THE Section 1. That the plat dated April 11, 2003, FOURTH STREET EXTENSION, DUBUQUE prepared by WHKS & Company, relative to the HARBOR IMPROVEMENT COMPANY real estate hereinabove described be and the ADDITION same is hereby approved, and the Mayor and Whereas, there has been presented to the City City Clerk be and they are hereby authorized Council of the City of Dubuque, Iowa, a plat and directed to execute said plat for and on dated April 11, 2003, prepared by WHKS & behalf of the City of Dubuque, Iowa. Company, describing the proposed vacated Section 2. The City of Dubuque reserves unto portion of the Fourth Street Extension, Dubuque itself a temporary easement including the right of Harbor Improvement Company Addition; and ingress and egress thereto, for the purpose of Whereas, said plat conforms to the laws and erecting, installing, constructing, reconstructing, statutes pertaining thereto. repairing, owning, operating, and maintaining NOW, THEREFORE, BE IT RESOLVED BY water, sewer, drainage, gas, telephone, THE CITY COUNCIL OF THE CITY OF television cable, fiber optics, and electric lines as DUBUQUE, IOWA: may be authorized by the City of Dubuque, Section 1. That the plat dated April 11, 2003, Iowa. This temporary easement will terminate prepared by WHKS & Company, relative to the upon the replatting and relocation of said real estate hereinabove described be and the utilities. same is hereby approved, and the Mayor and Section 3. That the City Clerk be and is hereby City Clerk be and they are hereby authorized authorized and directed to file said plat and and directed to execute said plat for and on certified copy of this resolution in the office of behalf of the City of Dubuque, Iowa. the Recorder in and for Dubuque County, Iowa. st Section 2. The City of Dubuque reserves unto Passed, approved and adopted this 21 day of itself a temporary easement including the right of April, 2003. ingress and egress thereto, for the purpose of Terrance M. Duggan, Mayor erecting, installing, constructing, reconstructing, Attest: Jeanne F. Schneider, CMC, City Clerk repairing, owning, operating, and maintaining Markham moved adoption of the Resolution. water, sewer, drainage, gas, telephone, Seconded by Cline. Motion carried 7-0. television cable, fiber optics, and electric lines as RESOLUTION NO. 125-03 may be authorized by the City of Dubuque, RESOLUTION APPROVING PLAT OF Iowa. This temporary easement will terminate PROPOSED VACATED PORTION OF FIFTH upon the replatting and relocation of said AND SIXTH STREETS, DUBUQUE HARBOR utilities. IMPROVEMENT COMPANY ADDITION Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and Whereas, there has been presented to the City certified copy of this resolution in the office of Council of the City of Dubuque, Iowa, a plat the Recorder in and for Dubuque County, Iowa. dated April 11, 2003, prepared by WHKS & st Passed, approved and adopted this 21 day of Company, describing the proposed vacated April, 2003. portion of Fifth and Sixth Streets, Dubuque Terrance M. Duggan, Mayor Harbor Improvement Company Addition; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, said plat conforms to the laws and Markham moved adoption of the Resolution. statutes pertaining thereto. Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 124-03 DUBUQUE, IOWA: RESOLUTION APPROVING PLAT OF Section 1. That the plat dated April 11, 2003, PROPOSED VACATED PORTION OF BELL prepared by WHKS & Company, relative to the STREET AND ALLEY IN BLOCK 11, real estate hereinabove described be and the DUBUQUE HARBOR IMPROVEMENT same is hereby approved, and the Mayor and COMPANY ADDITION City Clerk be and they are hereby authorized Whereas, there has been presented to the City and directed to execute said plat for and on Council of the City of Dubuque, Iowa, a plat behalf of the City of Dubuque, Iowa. dated April 11, 2003, prepared by WHKS & 112 Regular Session, April 21, 2003 Section 2. The City of Dubuque reserves unto Section 3. That the City Clerk be and is hereby itself a temporary easement including the right of authorized and directed to file said plat and ingress and egress thereto, for the purpose of certified copy of this resolution in the office of erecting, installing, constructing, reconstructing, the Recorder in and for Dubuque County, Iowa. st repairing, owning, operating, and maintaining Passed, approved and adopted this 21 day of water, sewer, drainage, gas, telephone, April, 2003. television cable, fiber optics, and electric lines as Terrance M. Duggan, Mayor may be authorized by the City of Dubuque, Attest: Jeanne F. Schneider, CMC, City Clerk Iowa. This temporary easement will terminate Markham moved adoption of the Resolution. upon the replatting and relocation of said Seconded by Cline. Motion carried 7-0. utilities. RESOLUTION NO. 127-03 Section 3. That the City Clerk be and is hereby RESOLUTION APPROVING PLAT OF authorized and directed to file said plat and PROPOSED VACATED PORTION OF WALL certified copy of this resolution in the office of STREET, WASHINGTON STREET, AND the Recorder in and for Dubuque County, Iowa. st ALLEYS IN BLOCKS 21 AND 27, DUBUQUE Passed, approved and adopted this 21 day of HARBOR IMPROVEMENT COMPANY April, 2003. ADDITION Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, there has been presented to the City Markham moved adoption of the Resolution. Council of the City of Dubuque, Iowa, a plat Seconded by Cline. Motion carried 7-0. dated April 11, 2003, prepared by WHKS & Company, describing the proposed vacated RESOLUTION NO. 126-03 portion of Wall Street, Washington Street, and RESOLUTION APPROVING PLAT OF alleys in Blocks 21 and 27, Dubuque Harbor PROPOSED VACATED PORTION OF THE Improvement Company Addition; and FOURTH STREET EXTENSION, WALL Whereas, said plat conforms to the laws and STREET, MARKET STREET, PINE STREET, statutes pertaining thereto. AND LOT 2 OF LOT 20 AND ALLEY IN NOW, THEREFORE, BE IT RESOLVED BY BLOCK 26, DUBUQUE HARBOR THE CITY COUNCIL OF THE CITY OF IMPROVEMENT COMPANY ADDITION DUBUQUE, IOWA: Whereas, there has been presented to the City Section 1. That the plat dated April 11, 2003, Council of the City of Dubuque, Iowa, a plat prepared by WHKS & Company, relative to the dated April 11, 2003, prepared by WHKS & real estate hereinabove described be and the Company, describing the proposed vacated same is hereby approved, and the Mayor and portion of the Fourth Street Extension, Wall City Clerk be and they are hereby authorized Street, Market Street, Pine Street, and Lot 2 of and directed to execute said plat for and on Lot 20 and alley in Block 26, Dubuque Harbor behalf of the City of Dubuque, Iowa. Improvement Company Addition; and Section 2. The City of Dubuque reserves unto Whereas, said plat conforms to the laws and itself a temporary easement including the right of statutes pertaining thereto. ingress and egress thereto, for the purpose of NOW, THEREFORE, BE IT RESOLVED BY erecting, installing, constructing, reconstructing, THE CITY COUNCIL OF THE CITY OF repairing, owning, operating, and maintaining DUBUQUE, IOWA: water, sewer, drainage, gas, telephone, Section 1. That the plat dated April 11, 2003, television cable, fiber optics, and electric lines as prepared by WHKS & Company, relative to the may be authorized by the City of Dubuque, real estate hereinabove described be and the Iowa. This temporary easement will terminate same is hereby approved, and the Mayor and upon the replatting and relocation of said City Clerk be and they are hereby authorized utilities. and directed to execute said plat for and on Section 3. That the City Clerk be and is hereby behalf of the City of Dubuque, Iowa. authorized and directed to file said plat and Section 2. The City of Dubuque reserves unto certified copy of this resolution in the office of itself a temporary easement including the right of the Recorder in and for Dubuque County, Iowa. st ingress and egress thereto, for the purpose of Passed, approved and adopted this 21 day of erecting, installing, constructing, reconstructing, April, 2003. repairing, owning, operating, and maintaining Terrance M. Duggan, Mayor water, sewer, drainage, gas, telephone, Attest: Jeanne F. Schneider, CMC, City Clerk television cable, fiber optics, and electric lines as Markham moved adoption of the Resolution. may be authorized by the City of Dubuque, Seconded by Cline. Motion carried 7-0. Iowa. This temporary easement will terminate upon the replatting and relocation of said An Ordinance Vacating a portion of Bell Street utilities. and alley in Block 11, Dubuque Harbor Regular Session, April 21, 2003 113 Improvement Company Addition, presented and on for passage at two Council Meetings prior to read. the meeting at which it is to be finally passed be suspended and further moved final OFFICIAL PUBLICATION consideration and passage of the Ordinance. ORDINANCE NO. 24-03 Seconded by Cline. Motion carried 7-0. ORDINANCE VACATING A PORTION OF BELL STREET AND ALLEY IN BLOCK 11, An Ordinance Vacating a portion of the Fourth DUBUQUE HARBOR IMPROVEMENT Street Extension, Dubuque Harbor Improvement COMPANY ADDITION Company Addition, presented and read. Whereas, Dubuque Initiatives has requested OFFICIAL PUBLICATION the vacating of a portion of Bell Street and alley ORDINANCE NO. 25-03 in Block 11, Dubuque Harbor Improvement ORDINANCE VACATING A PORTION OF THE Company Addition; and FOURTH STREET EXTENSION, DUBUQUE Whereas, WHKS & Company has prepared HARBOR IMPROVEMENT COMPANY and submitted to the City Council a plat showing ADDITION the vacated portion of Bell Street and alley in Block 11, Dubuque Harbor Improvement Whereas, Dubuque Initiatives has requested Company Addition and assigned lot number the vacating of a portion of the Fourth Street thereto, which hereinafter shall be known and Extension, Dubuque Harbor Improvement described as Lot H in Dubuque Harbor Company Addition; and Improvement Company Addition, in the City of Whereas, WHKS & Company has prepared Dubuque, Dubuque County, Iowa; and and submitted to the City Council a plat showing Whereas, the City Council of the City of the vacated portion of the Fourth Street Dubuque, Iowa has determined a portion of Bell Extension, Dubuque Harbor Improvement Street and alley in Block 11, Dubuque Harbor Company Addition, and assigned lot number Improvement Company Addition is no longer thereto, which hereinafter shall be known and required for public use, except for temporary described as Lot G in Dubuque Harbor utility easements as noted, and vacating of said Improvement Company Addition, in the City of portion of Bell Street and alley in Block 11, Dubuque, Dubuque County, Iowa; and Dubuque Harbor Improvement Company Whereas, the City Council of the City of Addition, known as Lot H in Dubuque Harbor Dubuque, Iowa has determined a portion of the Improvement Company Addition in the City of Fourth Street Extension, Dubuque Harbor Dubuque, Dubuque County, Iowa, should be Improvement Company Addition, is no longer approved. required for public use, except for temporary NOW, THEREFORE, BE IT ORDAINED BY utility easements as noted, and vacating of said THE CITY COUNCIL OF THE CITY OF portion of the Fourth Street Extension, Dubuque DUBUQUE, IOWA: Harbor Improvement Company Addition, known Section 1. That the real estate described as as Lot G in Dubuque Harbor Improvement Lot H in Dubuque Harbor Improvement Company Addition in the City of Dubuque, Company Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. Dubuque County, Iowa, be and the same is NOW, THEREFORE, BE IT ORDAINED BY hereby vacated. THE CITY COUNCIL OF THE CITY OF Section 2. The City of Dubuque reserves unto DUBUQUE, IOWA: itself a temporary easement including the right of Section 1. That the real estate described as ingress and egress thereto, for the purpose of Lot G in Dubuque Harbor Improvement erecting, installing, constructing, reconstructing, Company Addition in the City of Dubuque, repairing, owning, operating, and maintaining Dubuque County, Iowa, be and the same is water, sewer, drainage, gas, telephone, hereby vacated. television cable, fiber optics, and electric lines as Section 2. The City of Dubuque reserves unto may be authorized by the City of Dubuque, itself a temporary easement including the right of Iowa. This temporary easement will terminate ingress and egress thereto, for the purpose of upon replatting and relocation of said utilities. erecting, installing, constructing, reconstructing, st Passed, approved and adopted this 21 day of repairing, owning, operating, and maintaining April, 2003. water, sewer, drainage, gas, telephone, Terrance M. Duggan, Mayor television cable, fiber optics, and electric lines as Attest: Jeanne F. Schneider, CMC, City Clerk may be authorized by the City of Dubuque, Published officially in the Telegraph Herald Iowa. This temporary easement will terminate th newspaper this 25 day of April, 2003. upon replatting and relocation of said utilities. st Jeanne F. Schneider, City Clerk Passed, approved and adopted this 21 day of 1t 4/25 April, 2003. Markham moved that the requirement that a Terrance M. Duggan, Mayor proposed Ordinance be considered and voted Attest: Jeanne F. Schneider, CMC, City Clerk 114 Regular Session, April 21, 2003 Published officially in the Telegraph Herald Iowa. This temporary easement will terminate th newspaper this 25 day of April, 2003. upon replatting and relocation of said utilities. st Jeanne F. Schneider, City Clerk Passed, approved and adopted this 21 day of 1t 4/25 April, 2003. Markham moved that the requirement that a Terrance M. Duggan, Mayor proposed Ordinance be considered and voted Attest: Jeanne F. Schneider, CMC, City Clerk on for passage at two Council Meetings prior to Published officially in the Telegraph Herald th the meeting at which it is to be finally passed be newspaper this 25day of April, 2003. suspended and further moved final Jeanne F. Schneider, City Clerk consideration and passage of the Ordinance. 1t 4/25 Seconded by Cline. Motion carried 7-0. Markham moved that the requirement that a proposed Ordinance be considered and voted An Ordinance vacating a portion of Fifth and on for passage at two Council Meetings prior to Sixth Streets in Dubuque Harbor Improvement the meeting at which it is to be finally passed be Company Addition, presented and read. suspended and further moved final consideration and passage of the Ordinance. OFFICIAL PUBLICATION Seconded by Cline. Motion carried 7-0. ORDINANCE NO. 26-03 ORDINANCE VACATING A PORTION OF An Ordinance Vacating a portion of the Fourth FIFTH AND SIXTH STREETS IN DUBUQUE Street Extension, Wall Street, Market Street, HARBOR IMPROVEMENT COMPANY Pine Street and Lot 2 of Lot 20 and alley in ADDITION Block 26 in Dubuque Harbor Improvement Whereas, Dubuque Initiatives has requested Company Addition, presented and read. the vacating of a portion of Fifth and Sixth OFFICIAL PUBLICATION Streets in Dubuque Harbor Improvement ORDINANCE NO. 27-03 Company Addition; and ORDINANCE VACATING A PORTION OF THE Whereas, WHKS & Company has prepared FOURTH STREET EXTENSION, WALL and submitted to the City Council a plat showing STREET, MARKET STREET, PINE STREET, the vacated portion of Fifth and Sixth Streets in AND LOT 2 OF LOT 20 AND ALLEY IN Dubuque Harbor Improvement Company BLOCK 26 IN DUBUQUE HARBOR Addition and assigned lot number thereto, which IMPROVEMENT COMPANY ADDITION hereinafter shall be known and described as Lot V in Dubuque Harbor Improvement Company Whereas, Dubuque Initiatives has requested Addition, in the City of Dubuque, Dubuque the vacating of a portion of the Fourth Street County, Iowa; and Extension, Wall Street, Market Street, Pine Whereas, the City Council of the City of Street, and Lot 2 of Lot 20 and alley in Block 26 Dubuque, Iowa has determined a portion of Fifth in Dubuque Harbor Improvement Company and Sixth Streets in Dubuque Harbor Addition; and Improvement Company Addition is no longer Whereas, WHKS & Company has prepared required for public use, except for temporary and submitted to the City Council a plat showing utility easements as noted, and vacating of said the vacated portion of the Fourth Street portion of Fifth and Sixth Streets in Dubuque Extension, Wall Street, Market Street, Pine Harbor Improvement Company Addition, known Street, and Lot 2 of Lot 20 and alley in Block 26 as Lot V in Dubuque Harbor Improvement in Dubuque Harbor Improvement Company Company Addition in the City of Dubuque, Addition, and assigned lot numbers thereto, Dubuque County, Iowa, should be approved. which hereinafter shall be known and described NOW, THEREFORE, BE IT ORDAINED BY as Lots I, J, K, L, and M in Dubuque Harbor THE CITY COUNCIL OF THE CITY OF Improvement Company Addition, in the City of DUBUQUE, IOWA: Dubuque, Dubuque County, Iowa; and Section 1. That the real estate described as Whereas, the City Council of the City of Lot V in Dubuque Harbor Improvement Dubuque, Iowa has determined a portion of the Company Addition in the City of Dubuque, Fourth Street Extension, Wall Street, Market Dubuque County, Iowa, be and the same is Street, Pine Street, and Lot 2 of Lot 20 and alley hereby vacated. in Block 26 in Dubuque Harbor Improvement Section 2. The City of Dubuque reserves unto Company Addition, is no longer required for itself a temporary easement including the right of public use, except for temporary utility ingress and egress thereto, for the purpose of easements as noted, and vacating of said erecting, installing, constructing, reconstructing, portion of the Fourth Street Extension, Wall repairing, owning, operating, and maintaining Street, Market Street, Pine Street, and Lot 2 of water, sewer, drainage, gas, telephone, Lot 20 and alley in Block 26 in Dubuque Harbor television cable, fiber optics, and electric lines as Improvement Company Addition, known as Lots may be authorized by the City of Dubuque, I, J, K, L, and M in Dubuque Harbor Regular Session, April 21, 2003 115 Improvement Company Addition in the City of Improvement Company Addition, in the City of Dubuque, Dubuque County, Iowa, should be Dubuque, Dubuque County, Iowa; and approved. Whereas, the City Council of the City of NOW, THEREFORE, BE IT ORDAINED BY Dubuque, Iowa has determined that a portion of THE CITY COUNCIL OF THE CITY OF Wall Street, Washington Street, and alleys in DUBUQUE, IOWA: Blocks 21 and 27 in Dubuque Harbor Section 1. That the real estate described as Improvement Company Addition is no longer Lots I, J, K, L, and M in Dubuque Harbor required for public use, except for temporary Improvement Company Addition in the City of utility easements as noted, and vacating of said Dubuque, Dubuque County, Iowa, be and the portion of Wall Street, Washington Street, and same is hereby vacated. alleys in Blocks 21 and 27 in Dubuque Harbor Section 2. The City of Dubuque reserves unto Improvement Company Addition, known as Lots itself a temporary easement including the right of N, O, P, and Q in Dubuque Harbor Improvement ingress and egress thereto, for the purpose of Company Addition, in the City of Dubuque, erecting, installing, constructing, reconstructing, Dubuque County, Iowa, should be approved. repairing, owning, operating, and maintaining NOW, THEREFORE, BE IT ORDAINED BY water, sewer, drainage, gas, telephone, THE CITY COUNCIL OF THE CITY OF television cable, fiber optics, and electric lines as DUBUQUE, IOWA: may be authorized by the City of Dubuque, Section 1. That the real estate described as Iowa. This temporary easement will terminate Lots N, O, P, and Q in Dubuque Harbor upon replatting and relocation of said utilities. Improvement Company Addition, in the City of st Passed, approved and adopted this 21 day of Dubuque, Dubuque County, Iowa, be and the April, 2003. same is hereby vacated. Terrance M. Duggan, Mayor Section 2. The City of Dubuque reserves unto Attest: Jeanne F. Schneider, CMC, City Clerk itself a temporary easement including the right of Published officially in the Telegraph Herald ingress and egress thereto, for the purpose of th newspaper this 25 day of April, 2003. erecting, installing, constructing, reconstructing, Jeanne F. Schneider, City Clerk repairing, owning, operating, and maintaining 1t 4/25 water, sewer, drainage, gas, telephone, Markham moved that the requirement that a television cable, fiber optics, and electric lines as proposed Ordinance be considered and voted may be authorized by the City of Dubuque, on for passage at two Council Meetings prior to Iowa. This temporary easement will terminate the meeting at which it is to be finally passed be upon replatting and relocation of said utilities. st suspended and further moved final Passed, approved and adopted this 21 day of consideration and passage of the Ordinance. April, 2003. Seconded by Cline. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk An Ordinance Vacating a portion of Wall Published officially in the Telegraph Herald th Street, Washington Street, and alleys in Blocks newspaper this 25 day of April, 2003. 21 and 27 in Dubuque Harbor Improvement Jeanne F. Schneider, City Clerk Company Addition, presented and read. 1t 4/25 Markham moved that the requirement that a OFFICIAL PUBLICATION proposed Ordinance be considered and voted ORDINANCE NO. 28-03 on for passage at two Council Meetings prior to ORDINANCE VACATING A PORTION OF the meeting at which it is to be finally passed be WALL STREET, WASHINGTON STREET, AND suspended and further moved final ALLEYS IN BLOCKS 21 AND 27 IN DUBUQUE consideration and passage of the Ordinance. HARBOR IMPROVEMENT COMPANY Seconded by Cline. Motion carried 7-0. ADDITION Whereas, Dubuque Initiatives has requested An Ordinance Vacating a portion of Wall the vacating of a portion of Wall Street, Street, Washington Street, Cypress Street and Washington Street, and alleys in Blocks 21 and alleys in Blocks 20 and 28 in Dubuque Harbor 27 in Dubuque Harbor Improvement Company Improvement Company Addition, presented and Addition; and read. Whereas, WHKS & Company has prepared OFFICIAL PUBLICATION and submitted to the City Council a plat showing ORDINANCE NO. 29-03 the vacated portion of Wall Street, Washington ORDINANCE VACATING A PORTION OF Street, and alleys in Blocks 21 and 27 in WALL STREET, WASHINGTON STREET, Dubuque Harbor Improvement Company CYPRESS STREET, AND ALLEYS IN Addition, and assigned lot numbers thereto, BLOCKS 20 AND 28 IN DUBUQUE HARBOR which hereinafter shall be known and described IMPROVEMENT COMPANY ADDITION as Lots N, O, P, and Q in Dubuque Harbor 116 Regular Session, April 21, 2003 RESOLUTION NO. 128-03 Whereas, Dubuque Initiatives has requested RESOLUTION OF INTENT TO DISPOSE OF the vacating of a portion of Wall Street, CITY INTEREST IN LOTS N, O, P, Q, R, S, T, Washington Street, Cypress Street, and alleys in U, AND V OF DUBUQUE HARBOR Blocks 20 and 28 in Dubuque Harbor IMPROVEMENT COMPANY ADDITION IN THE Improvement Company Addition; and CITY OF DUBUQUE, DUBUQUE COUNTY, Whereas, WHKS & Company has prepared IOWA and submitted to the City Council a plat showing the vacated portion of Wall Street, Washington Whereas, Dubuque Initiatives has requested Street, Cypress Street, and alleys in Blocks 20 the vacating of various streets and alleys in the and 28 in Dubuque Harbor Improvement Port of Dubuque; and Company Addition, and assigned lot numbers Whereas, WHKS & Company has prepared thereto, which hereinafter shall be known and and submitted to the City Council a plat showing described as Lots R, S, T, and U in Dubuque the vacated portions of various streets and Harbor Improvement Company Addition, in the alleys in the Port of Dubuque and assigned lot City of Dubuque, Dubuque County, Iowa; and numbers thereto, which hereinafter shall be Whereas, the City Council of the City of known and described as Lots N, O, P, Q, R, S, Dubuque, Iowa has determined that a portion of T, U, and V of Dubuque Harbor Improvement Wall Street, Washington Street, Cypress Street, Company Addition in the City of Dubuque, and alleys in Blocks 20 and 28 in Dubuque Dubuque County, Iowa; and Harbor Improvement Company Addition is no Whereas, the City Council of the City of longer required for public use, except for Dubuque, Iowa has determined that the various temporary utility easements as noted, and streets and alleys in the Port of Dubuque are no vacating of said portion of Wall Street, longer required for public use, except for utility Washington Street, Cypress Street, and alleys in temporary easements as noted, and vacating Blocks 20 and 28 in Dubuque Harbor and sale of said portions of alleys and streets Improvement Company Addition, known as Lots known as Lots N, O, P, Q, R, S, T, U, and V of R, S, T, and U in Dubuque Harbor Improvement Dubuque Harbor Improvement Company Company Addition, in the City of Dubuque, Addition in the City of Dubuque, Dubuque Dubuque County, Iowa, should be approved. County, Iowa, should be approved. NOW, THEREFORE, BE IT ORDAINED BY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the real estate described as Section 1. That the City of Dubuque intends to Lots R, S, T, and U in Dubuque Harbor dispose of its interest in Lots N, O, P, Q, R, S, T, Improvement Company Addition, in the City of U, and V of Dubuque Harbor Improvement Dubuque, Dubuque County, Iowa, be and the Company Addition in the City of Dubuque, same is hereby vacated. Dubuque County, Iowa. Section 2. The City of Dubuque reserves unto Section 2. That the conveyance of Lots N, O, itself a temporary easement including the right of P, Q, R, S, T, U, and V of Dubuque Harbor ingress and egress thereto, for the purpose of Improvement Company Addition in the City of erecting, installing, constructing, reconstructing, Dubuque, Dubuque County, Iowa, to Dubuque repairing, owning, operating, and maintaining Initiatives be approved. water, sewer, drainage, gas, telephone, Section 3. The City of Dubuque reserves unto television cable, fiber optics, and electric lines as itself a temporary easement including the right of may be authorized by the City of Dubuque, ingress and egress thereto, for the purpose of Iowa. This temporary easement will terminate erecting, installing, constructing, reconstructing, upon replatting and relocation of said utilities. repairing, owning, operating, and maintaining st Passed, approved and adopted this 21 day of water, sewer, drainage, gas, telephone, April, 2003. television cable, fiber optics, and electric lines as Terrance M. Duggan, Mayor may be authorized by the City of Dubuque, Attest: Jeanne F. Schneider, CMC, City Clerk Iowa. This temporary easement will terminate Published officially in the Telegraph Herald upon the replatting and relocation of said th newspaper this 25 day of April, 2003. utilities. Jeanne F. Schneider, City Clerk Section 4. That the City Clerk be and is hereby 1t 4/25 authorized and directed to cause a notice of Markham moved that the requirement that the intent to dispose of said real estate to be proposed Ordinance be considered and voted published in the manner as prescribed by law. st on for passage at two Council Meetings prior to Passed, approved and adopted this 21 day of the meeting at which it is to be finally passed be April, 2003. suspended and further moved final Terrance M. Duggan, Mayor consideration and passage of the Ordinance. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Cline. Motion carried 7-0. Regular Session, April 21, 2003 117 PUBLIC HEARINGS Markham moved adoption of the Resolution and further set this for Public Hearing on May 5, 2003 at a meeting to commence at 6:30 P.M. in Buol moved that the rules be suspended to the Public Library Auditorium and direct the City allow anyone present to speak. Seconded by Clerk to publish in the manner prescribed by Connors. Motion carried 7-0. law. Seconded by Cline. Motion carried 7-0. Royal Oaks Development – Rezoning Fiscal Year 2003 Second Budget Amendment: Request: Proof of publication on notice of City Manager recommending that a public hearing to consider a request from Royal Oaks hearing be set for May 19, 2003 to consider the Development/A.J. Spiegel to rezone property second amendment to the Fiscal Year 2003 located at the end of Rhomberg Avenue (former Budget, presented and read. Markham moved Tollbridge Inn Restaurant) from CR Commercial that the communication be received and filed. Recreation District to PUD Planned Unit Seconded by Cline. Motion carried 7-0. Development District and Zoning Advisory Commission recommending approval, and RESOLUTION NO. 129-03 communications regarding the proposed RESOLUTION DIRECTING THE CITY CLERK rezoning at 2800 Rhomberg Avenue, presented TO PUBLISH PROPOSED AMENDMENT TO and read. THE FISCAL YEAR 2003 BUDGET AND DATE An Ordinance Amending Appendix A (the OF PUBLIC HEARING Zoning Ordinance) of the City of Dubuque Code Whereas, it is proposed that the City of of Ordinances by reclassifying hereinafter Dubuque amend its Fiscal Year 2003 budget; described property located at 2800 Rhomberg and Avenue from CR Commercial Recreation District Whereas, Section 384.16 of the Code of Iowa to PUD Planned Unit Development District with stipulates that a public hearing must be held on a PR Planned Residential District designation such a budget amendment. and adopting a Conceptual Development Plan NOW THEREFORE, BE IT RESOLVED BY with conditions, presented and read. THE CITY COUNCIL OF THE CITY OF A. J. Spiegel, owner of the property, spoke in DUBUQUE, IOWA: favor of the rezoning which would allow the Section 1. That the City Clerk by and is hereby building of a condominium at the former authorized and directed to publish notice of Tollbridge Restaurant site, and stated he is not public hearing on an amendment to the adopted asking for any city funding to help with this budget for the City of Dubuque, Iowa. project. st Passed, approved and adopted this 21 day of Cliff Winner, 1077 Kaufmann, Martha Lundh, April 2003. 2678 Marywood, and Herb Lange, wildlife Terrance M. Duggan. Mayor photographer from Wisconsin, all spoke in Attest: Jeanne F. Schneider, City Clerk opposition, citing historical and bluffland value Markham moved adoption of the Resolution and beauty, as well as stating eagles now are and set for Public Hearing on 5/19/03 at a often seen in this area and it would disrupt their meeting to commence at 6:30 P.M. in the Public habitat. Library Auditorium and direct the City Clerk to John Kretz. 2760 Jonathan Lane, stressed that publish notice in the manner prescribed by law. change is difficult but spoke in favor of the Seconded by Cline. Motion carried 7-0. project, stating that he is one of the owners of the parking lot for this project, BOARDS/COMMISSIONS Rick Dickinson, Greater Dubuque Development Corp., spoke in favor of the Applicants are invited to address the Council project. regarding their desire to serve on the following Council discussed the proposed project at Board: Housing Code Appeals Board (Two 3-length, stressing appreciation to Mr. Spiegel for Year Terms to Expire 1/11/06); Applicant: Ben his time and response to their questions about Durley. No one spoke. this development, though questioning City Appointments to the following Commission: liability from falling rocks and stormwater Mechanical Code Board (Two 3-Year Terms to drainage, and impact on the bluffland area. Expire 3/16/06 – Terms of Geisler and Mr. Spiegel stated that eagles are seen Willenborg); Applicants: Todd Geisler and nesting all over Dubuque County now, not just in Harlan J. Willenborg. Michalski moved that this particular area. Todd Geisler and Harlan Willenborg be Buol moved that the requirement that a reappointed to three year terms which will expire proposed Ordinance be considered and voted 3/16/06. Seconded by Buol. Motion carried 7-on for passage at two Council Meetings prior to 0. the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. 118 Regular Session, April 21, 2003 Seconded by Markham. Vote on the motion was NOW, THEREFORE, BE IT ORDAINED BY as follow: Yeas—Buol, Duggan, Markham, THE CITY COUNCIL OF THE CITY OF Nicholson. Nays—Cline, Connors, and DUBUQUE, IOWA: Michalski. Motion failed due to lack of super Section 1. That Appendix A (The Zoning majority vote. Ordinance) of the City of Dubuque Code of Buol then moved that this be considered the Ordinances is hereby amended by reclassifying first reading of the Ordinance. Seconded by the hereinafter-described property from R-1 Markham. Carried by the following vote: Single-Family Residential district to R-2 Two- Yeas—Connors, Duggan, Markham, Nicholson, Family Residential District and CS Commercial Buol. Nays—Cline, Michalski. Service and Wholesale District, as shown in Exhibit 1, and to the centerline of the adjoining Wayne Stewart Property – Rezoning Request: public right-of-way, all in the City of Dubuque, Proof of publication on notice of hearing to Iowa. consider a request from Wayne Stewart and Section 2. The foregoing amendment has Flint Drake to rezone property located at the heretofore been reviewed by the Zoning southwest corner of Old Highway Road and Advisory Commission of the City of Dubuque, Seippel Road from R-1 Single-Family Iowa. Residential District and County M-1c to R-2 Section 3. This ordinance shall take effect Two-Family Residential District, CS Commercial immediately upon publication, as provided by Service and Wholesale District and LI Light law. ST Industrial District concurrent with annexation of Passed, approved and adopted this 21 day the west twenty acres and Zoning Advisory of April 2003. Commission recommending approval, presented Terrance M. Duggan, Mayor and read. Buol moved that the communication Jeanne F. Schneider, City Clerk be received and filed. Seconded by Cline. Published officially in the Telegraph Herald th Carried by the following vote: Yeas—Buol, newspaper this 25 day of April, 2003. Cline, Connors, Duggan, Markham, Michalski. Jeanne F. Schneider, City Clerk Nays—Nicholson. 1t 4/25 Buol amended his motion to remove the Flint Drake of Kane, Norby & Reddick, as conditions on the permitted uses. The Attorney for Mr. Stewart, spoke objecting to the amendment was not accepted by Nicholson. proposed conditions but will accept them if Buol removed his motion from the table. Council requires them. Buol moved that the requirement that a Eugene Bird, Chair of the Zoning Advisory proposed Ordinance be considered and voted Commission, spoke of the reasons for the on for passage at two Council Meetings prior to conditions but would also support removing the the meeting at which it is to be finally passed be conditions. suspended and further moved final Rick Dickinson, Greater Dubuque consideration and passage of the Ordinance. Development Corp., spoke in favor of the project Seconded by Cline. Carried by the following and removing of the conditions. vote: Yeas—Buol, Cline, Connors, Duggan, An Ordinance Amending Appendix A (the Markham, Michalski. Nays—Nicholson. Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter An Ordinance Amending Appendix A (the described property located at 8000 Old Highway Zoning Ordinance) of the City of Dubuque Code Road from R-1 Single-Family Residential District of Ordinances by reclassifying property located to R-2 Two-Family Residential District and CS along Old Highway Road from Dubuque County Commercial Service and Wholesale District, M-1 Industrial to City of Dubuque LI Light presented and read. Industrial District, concurrent with annexation, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 30-03 OFFICIAL PUBLICATION AN ORDINANCE AMENDING APPENDIX A ORDINANCE NO. 31-03 (THE ZONING ORDINANCE) OF THE CITY OF AN ORDINANCE AMENDING APPENDIX A DUBUQUE CODE OF ORDINANCES BY (THE ZONING ORDINANCE) OF THE CITY OF RECLASSIFYING HEREINAFTER DESCRIB-DUBUQUE CODE OF ORDINANCES BY ED PROPERTY LOCATED AT 8000 OLD RECLASSIFYING HEREINAFTER DESCRIB- HIGHWAY ROAD FROM R-1 SINGLE-FAMILY ED PROPERTY LOCATED AT 8000 OLD RESIDENTIAL DISTRICT TO R-2 TWO HIGHWAY ROAD FROM R-1 SINGLE-FAMILY FAMILY RESIDENTIAL DISTRICT AND CS RESIDENTIAL DISTRICT TO R-2 TWO COMMERCIAL SERVICE AND WHOLESALE FAMILY RESIDENTIAL DISTRICT AND CS DISTRICT. COMMERCIAL SERVICE AND WHOLESALE DISTRICT Regular Session, April 21, 2003 119 OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY ORDINANCE NO. 35-03 THE CITY COUNCIL OF THE CITY OF AN ORDINANCE AMENDING APPENDIX A DUBUQUE, IOWA: (THE ZONING ORDINANCE) OF THE CITY OF Section 1. That Appendix A (The Zoning DUBUQUE CODE OF ORDINANCES BY Ordinance) of the City of Dubuque Code of RECLASSIFYING HEREINAFTER DESCRIB- Ordinances is hereby amended by reclassifying ED PROPERTY LOCATED AT 2900 DODGE the hereinafter-described property from R-1 STREET FROM C-3 GENERAL COMMERCIAL Single-Family Residential district to R-2 Two- DISTRICT TO PUD PLANNED UNIT Family Residential District and CS Commercial DEVELOPMENT DISTRICT WITH PC Service and Wholesale District, with conditions, PLANNED COMMERCIAL DISTRICT DESIGN- as shown in Exhibit 1, and to the centerline of ATION AND ADOPTING A CONCEPTUAL the adjoining public right-of-way, all in the City of DEVELOPMENT PLAN. Dubuque, Iowa. Section 2. The foregoing amendment has NOW, THEREFORE, BE IT ORDAINED BY heretofore been reviewed by the Zoning THE CITY COUNCIL OF THE CITY OF Advisory Commission of the City of Dubuque, DUBUQUE, IOWA: Iowa. Section 1. Appendix A (the Zoning Ordinance) Section 3. This ordinance shall take effect of the City of Dubuque Code of Ordinances is immediately upon publication, as provided by hereby amended by reclassifying the hereinafter law. described property from C-3 General st Passed, approved and adopted this 21 day of Commercial District to PUD Planned Unit April 2003. Development District with PC Planned Terrance M. Duggan, Mayor Commercial District designation and adopting a Attest: Jeanne F. Schneider, City Clerk conceptual development plan, a copy of which is Published officially in the Telegraph Herald attached to and made a part hereof, with th newspaper this 25 day of April, 2003. conditions as stated below, to wit: Jeanne F. Schneider, City Clerk Lot 2 of Lot 1 of Harwood Place, Lot 2 of 1t 4/25 Harwood Place, Lot 2 of Lot 1 of Lot 1 of Mineral Buol moved that the requirement that a Lot 237, Lot 3 of Mineral Lot 243, Lot 2 of Lot 2 proposed Ordinance be considered and voted of Mineral Lot 237, Lot 2 of Mineral Lot 239, Lot on for passage at two Council Meetings prior to 2 of Tri-Co, Inc. Place No. 1, Lot 2 of Tri-Co, Inc. the meeting at which it is to be finally passed be Place No. 2, and Jody’s Place in Block 1 of suspended and further moved final Plaza 20, all located in Section 27, T89N, R2E th consideration and passage of the Ordinance. of the 5 Principal Meridian, City of Dubuque, Seconded by Cline. Carried by the following County of Dubuque, Iowa, and to the centerline vote: Yeas—Buol, Cline, Connors, Duggan, of the adjoining public right-of-way, all in the City Markham, Michalski. Nays—Nicholson. of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 2900 Dodge Street – Rezoning Request: 414.5 (2001), and as an express condition of the Proof of publication on notice of hearing to reclassification, the undersigned property owner consider a request from Theisen’s Inc. to rezone agrees to the following conditions, all of which property located at 2900 Dodge Street from C-3 the property owner further agrees are General Commercial District to PUD Planned reasonable and imposed to satisfy the public Unit Development District with a PC Planned needs that are caused directly by the zoning Commercial zoning designation and Zoning reclassification: Advisory Commission recommending approval, A) Use Regulations. presented and read. Markham moved that the The following regulations shall apply to all land proof and communication be received and filed. uses in the above-described PUD District: Seconded by Michalski. Motion carried 7-0. 1) All permitted, accessory and conditional Jim Theisen spoke giving the background of and temporary uses allowed in the C-3 General his business in Dubuque and requested Council Commercial District as established in Section 3- support of the proposed rezoning. 3.3 of the Zoning Ordinance An Ordinance Amending Appendix A (the B) Lot and Bulk Regulations Zoning Ordinance) of the City of Dubuque Code Development of land in the PUD District shall be of Ordinances by reclassifying hereinafter as follows: described property located at 2900 Dodge Street All buildings and structures located within this from C-3 General Commercial District to PUD PUD District shall meet bulk regulations set forth Planned Unit Development District with PC in the Zoning Ordinance for the C-3 General Planned Commercial District Designation and Commercial District, Section 3-3.3(F). adopting a Conceptual Development Plan, C) Performance Standards. presented and read. The development and maintenance of uses in this PUD District shall be established in 120 Regular Session, April 21, 2003 conformance with Section 3-5.5 of the Zoning A copy of this ordinance shall be recorded at Ordinance and the following standards: the expense of the property owner with the 1) Erosion control shall be provided during all Dubuque County Recorder as a permanent phases of construction. record of the conditions accepted as part of this 2) Parking requirements for allowed uses in reclassification after the adoption of this the PUD District shall be as per the adopted ordinance. This ordinance shall be binding upon conceptual plan. the undersigned and his/her heirs, successors 3) Adequate illumination shall be provided to and assigns. areas used for vehicle and pedestrian Section 3. The foregoing amendment has circulation. New outdoor light fixtures shall be of heretofore been reviewed by the Zoning a cut-off design and utilize a minimum of 90-Commission of the City of Dubuque, Iowa. degree luminaire. Section 4. The foregoing amendment shall 4) Final site development plans shall be take effect upon publication, as provided by law. st submitted in accordance with Section 4-4 of the Passed, approved and adopted this 21 day of Zoning Ordinance of the City of Dubuque, Iowa, April 2003. prior to construction of any buildings. Terrance M. Duggan, Mayor D) Open Space and Landscaping Attest: Jeanne F. Schneider, City Clerk Open space and landscaping in the PUD District ACCEPTANCE OF ORDINANCE NO. 35-03 shall be regulated as follows: I, Leo A. Theisen, representing Theisen Those areas not designated on the conceptual Building Company, Inc. property owner, having plan for development shall be maintained as read the terms and conditions of the foregoing open space, as defined by Section 8 of the Ordinance No. 35-03 and being familiar with the Zoning Ordinance, by the property owners conditions thereof, hereby accept the same and and/or association. agree to the conditions required therein. th E) Sign Regulations. Dated this 15 day of April 2003. Signs in the PUD District shall be regulated as /s/ Leo Theisen follows: Published officially in the Telegraph Herald th 1) The provisions of the C-3 General newspaper this 25 day of April, 2003. Commercial District sign regulations (Section 4-Jeanne F. Schneider, City Clerk 3.11) of the Zoning Ordinance shall apply unless 1t 4/25 further regulated by this section. Markham moved that the requirement that a 2) Lighting: Signs may be illuminated only by proposed Ordinance be considered and voted means of indirect lighting whereby all light on for passage at two Council meetings prior to sources and devices are shielded from view by the meeting at which it is to be finally passed be opaque or translucent materials, or internally suspended and further moved final illuminated by means of a light source consideration and passage of the Ordinance. completely enclosed by the sign panel. Seconded by Michalski. Motion carried 7-0. 3) Motion: No signs may include any device or means, mechanical, electrical or natural, which Key Gate Center No. 2 – Rezoning Request: shall cause motion of the sign panel or any part Proof of publication on notice of hearing to thereof. No flashing lights or changing colors consider a request from Dan Mueller to rezone shall be allowed. property located south of Highway 61/151 and F) Transfer of Ownership Highway 52 (Lot 1 of Key Gate Center No. 2) Transfer of ownership or lease of property in this from PR Planned Residential District to C-3 PUD District shall include in the transfer or lease General Commercial zoning district and Zoning agreement a provision that the purchaser or Advisory Commission recommending approval, lessee acknowledges awareness of the presented and read. Buol moved that the proof conditions authorizing the establishment of the and communication be received and filed. PUD District. Seconded by Michalski. Motion carried 7-0. G) Reclassification of Subject Property. Dan Mueller, 590 Samuels St., as owner of the The City of Dubuque, Iowa, may initiate zoning property, spoke requesting the proposed reclassification proceedings to the C-3 General rezoning. Commercial District in accordance with Section An Ordinance Amending Appendix A (the 6 of the Zoning Ordinance if the property owner Zoning Ordinance) of the City of Dubuque Code fails to complete or maintain any of the of Ordinances by reclassifying hereinafter conditions of this ordinance. described property located southeast of H) Modifications. Highway 61/151 and Highway 52 intersection Any modifications of this Ordinance must be from PUD Planned Unit Development with a PR approved by the City Council in accordance with Planned Residential District designation to C-3 zoning reclassification proceedings of Section 6 General Commercial District, presented and of the Zoning Ordinance. read. I) Recording. Regular Session, April 21, 2003 121 OFFICIAL PUBLICATION proof and communications be received and filed. ORDINANCE NO. 32-03 Seconded by Nicholson. Motion carried 7-0. AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF An Ordinance Amending Appendix A (the DUBUQUE CODE OF ORDINANCES BY Zoning Ordinance) of the City of Dubuque Code RECLASSIFYING HEREINAFTER DESCRI- of Ordinances by amending Section 4-4.2 BED PROPERTY LOCATED SOUTHEAST OF regarding site plans, and by amending Section HIGHWAY 61/151 AND HIGHWAY 52 6-1-5.5 regarding rezonings, to extend a INTERSECTION FROM PUD PLANNED UNIT moratorium for site plan and rezoning DEVELOPMENT WITH A PR PLANNED applications in the Iowa 32 (Southwest Arterial) RESIDENTIAL DISTRICT DESIGNATION TO Corridor, presented and read. C-3 GENERAL COMMERCIAL DISTRICT OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY ORDINANCE NO. 33-03 THE CITY COUNCIL OF THE CITY OF AN ORDINANCE AMENDING APPENDIX A DUBUQUE, IOWA: (ZONING ORDINANCE) OF THE CITY OF Section 1. That Appendix A (The Zoning DUBUQUE CODE OF ORDINANCES BY Ordinance) of the City of Dubuque Code of AMENDING SECTION 4-4.2 REGARDING Ordinances is hereby amended by reclassifying SITE PLANS, AND BY AMENDING SECTION the hereinafter-described property from PUD 6-1-5.5 REGARDING REZONINGS, TO Planned Unit Development with a PR Planned EXTEND A MORATORIUM FOR SITE PLAN Residential District designation to C-3 General AND REZONING APPLICATIONS IN THE Commercial District, to wit: IOWA 32 / SOUTHWEST ARTERIAL Lot 1 of Keygate Center No 2, and to the CORRIDOR. centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Whereas, the Iowa Department of Section 2. The foregoing amendment has Transportation (IDOT) and the City of Dubuque heretofore been reviewed by the Zoning are engaged in a study of the Southwest Arterial Advisory Commission of the City of Dubuque, Corridor, which will include the determination of Iowa. a preferred alignment; and Section 3. This ordinance shall take effect Whereas, the City of Dubuque and the IDOT immediately upon publication, as provided by desire to minimize potential development law. conflicts during this study by extending the st Passed, approved and adopted this 21 day of development moratorium for the Southwest April 2003. Arterial Corridor. Terrance M. Duggan, Mayor NOW THEREFORE, BE IT ORDAINED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF DUBUQUE, IOWA: Published officially in the Telegraph Herald Section 1. Appendix A (Zoning Ordinance) of th newspaper this 25 day of April, 2003. the City of Dubuque Code of Ordinances is Jeanne F. Schneider, City Clerk hereby amended by amending Section 4-4.2 as 1t 4/25 follows: Section 4-4.2. Application and Scope. Buol moved that the requirement that a Moratorium B for Site Plans in the Southwest proposed Ordinance be considered and voted (A) Arterial Corridor on for passage at two Council Meetings prior to . the meeting at which it is to be finally passed be The City Planner shall not issue conditional or suspended and further moved final final approval for any site plan filed for property consideration and passage of the Ordinance. in the Southwest Arterial Corridor that lies within Seconded by Michalski. Motion carried 7-0. the corporate limits of the City of Dubuque, as delineated on the attached drawing, from the Development Moratorium – Proposed South-effective date of this Section to May 1, 2004, west Arterial Corridor: Proof of publication on except where a vested right to the issuance of notice of hearing to consider an amendment to such approval accrued to any person, firm or the Code of Ordinances and Subdivision corporation as a matter of law prior to the Regulations regarding a development effective date of this Section. Application and Scope of Site Plan Review moratorium in the proposed Southwest Arterial (B) and Approval Corridor and Zoning Advisory Commission . recommending approval, and City Manager No building permit or occupancy permit shall recommending adoption of the revised area be issued, and no construction, grading or other submitted by the Iowa Department of land development activity listed below may be Transportation for the Development Moratorium commenced on property unless a site plan has in the proposed Southwest Arterial Corridor, been submitted and approved for such activity presented and read. Michalski moved that the as set forth in this Section. 122 Regular Session, April 21, 2003 Development activities subject to the An Ordinance Amending Chapter 42 requirements of this Section may hereafter be (Subdivision Regulations) of the City of Dubuque carried out only in substantial conformance with Code of Ordinances by amending Section 42- the approved site plan and any conditions or 16, to extend a moratorium for subdivision plats restrictions attached thereto. Any substantial in the Iowa 32 (Southwest Arterial) Corridor, deviation from the approved site plan, unless presented and read. approved in advance by the City Planner, shall OFFICIAL PUBLICATION be deemed a violation of this Ordinance. ORDINANCE NO. 34-03 Development Activities Subject to Site Plan (C) AN ORDINANCE AMENDING CHAPTER 42 Review: (SUBDIVISION REGULATIONS) OF THE CITY (1) Construction or expansion of any building, OF DUBUQUE CODE OF ORDINANCES BY structure or freestanding sign except single- AMENDING SECTION 42-16, TO ESTABLISH family detached dwellings, duplexes and A MORATORIUM FOR SUBDIVISION PLATS townhouses of not more than two (2) units and IN THE IOWA 32 / SOUTHWEST ARTERIAL permitted accessory structures to a single-family CORRIDOR. dwelling or duplex, however, driveways to said single-family and duplex dwellings shall be Whereas, the Iowa Department of paved with a hard surface. Transportation (IDOT) is engaged in a study of (2) Any change, alteration or modification in a the Southwest Arterial Corridor, which will structure or use which would require the include the determination of a preferred provision of additional off-street parking spaces, alignment; and additional lot area, or other substantial change in Whereas, the IDOT has requested that the zoning requirements applicable to such structure City of Dubuque extend the development or use. moratorium for the Southwest Arterial Corridor (3) The construction or creation of any parking for an additional 12 months; and lot or the expansion of any existing parking lot. Whereas, the City of Dubuque desires to Section 2. Appendix A (Zoning Ordinance) of minimize potential development conflicts during the City of Dubuque Code of Ordinances is this study by enacting an additional 12-month hereby amended by amending Section 6-1.5.5 development moratorium for the Southwest as follows: Arterial Corridor. Section 6-1.5.5Moratorium B for rezonings in NOW THEREFORE, BE IT ORDAINED BY the Southwest Arterial Corridor: THE CITY COUNCIL OF DUBUQUE, IOWA: In addition to the requirements of subsection 6-Section 1. Chapter 42 (Subdivision 1.5 of this Section, the City Council shall not Regulations) of the City of Dubuque Code of give final approval to any reclassification Ordinances is hereby amended by amending (rezoning) request for property in the Southwest Section 42-16 as follows: Arterial Corridor that lies within the corporate Section 42-16. Southwest Arterial Corridor limits of the City of Dubuque, as delineated on Review: the attached drawing, from the effective date of No plat for any subdivision or resubdivision of this Section to May 1, 2004, except where a property in the Southwest Arterial Corridor, as vested right to the issuance of such approval delineated on the attached drawing, shall be accrued to any person, firm or corporation as a approved by the City Council, Zoning Advisory matter of law prior to the effective date of this Commission or City Planner during the twelve- Section. month period from the effective date of this Section 3. This Ordinance shall take effect Section, except where a vested right to the upon publication, as provided by law. issuance of such approval accrued to any st Passed, approved and adopted this 21 day of person, firm or corporation as a matter of law April 2003. prior to the effective date of this Section. Terrance M. Duggan, Mayor Section 2. This Ordinance shall take effect Attest: Jeanne F. Schneider, City Clerk upon publication, as provided by law. st Published officially in the Telegraph Herald Passed, approved and adopted this 21 day of th newspaper this 25 day of April, 2003. April 2003. Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor 1t 4/25 Attest: Jeanne F.Schneider, City Clerk Michalski moved that the requirement that a Published officially in the Telegraph Herald th proposed Ordinance be considered and voted newspaper this 25 day of April, 2003. on for passage at two Council Meetings prior to Jeanne F. Schneider, City Clerk the meeting at which it is to be finally passed be 1t 4/25 suspended and further moved final Michalski moved that the requirement that the consideration and passage of the Ordinance. proposed Ordinance be considered and voted Seconded by Nicholson. Motion carried 7-0. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be Regular Session, April 21, 2003 123 suspended and further moved final Manager recommending award of the contract to consideration and passage of the Ordinance. Volkens Excavating in the amount of $12,332, Seconded by Nicholson. Motion carried 7-0. presented and read. Cline moved that the proofs and communication be received and filed. Grants of Easement – Alliant Energy: Proof of Seconded by Connors. Motion carried 7-0. publication on notice of hearing to consider a RESOLUTION NO. 131-03 request from Alliant Energy to install RESOLUTION ADOPTING underground electrical telecommunication lines PLANS AND SPECIFICATIONS on City-owned property, known as Lot 1 thth Heartland Place (lot located between 16 Street Whereas, on the 12 day of March, 2003, and Kerper Court behind the old Smithfield plans, specifications, form of contract and property) and Lot 1-2-1 Byrnes Subdivision estimated cost were filed with the City Clerk of which is the lot upon which Usha Park is located Dubuque, Iowa for the Fiber Optic Connection and City Manager recommending approval, Project between City Network and Port of presented and read. Markham moved that the Dubuque. proof and communication be received and filed. Whereas, notice of hearing on plans, Seconded by Cline. Motion carried 7-0. specifications, form of contract, and estimated cost was published as required by law. RESOLUTION NO. 130-03 NOW THEREFORE, BE IT RESOLVED BY DISPOSING OF AN INTEREST UNDER, THE CITY COUNCIL OF THE CITY OF OVER, AND ACROSS A PORTION OF LOT 1 DUBUQUE, IOWA: HEARTLAND PLACE AND LOT 1-2-1 That the said plans, specifications, form of BRYNES SUBDIVISION, DUBUQUE, IOWA, contract and estimated cost are hereby BY THE ISSUANCE OF EASEMENTS TO approved as the plans, specifications, form of ALLIANT ENERGY (INTERSTATE POWER & contract and estimated cost for said ) improvements for said project. LIGHT COMPANY st Passed, adopted and approved this 21 day of Whereas, the City of Dubuque, Iowa (City) is April, 2003. the owner of the following described real Terrance M. Duggan, Mayor properties: Attest: Jeanne F. Schneider, CMC, City Clerk Lot 1 Heartland Place Cline moved adoption of the Resolution. Lot 1-2-1 Byrnes Subdivision Seconded by Connors. Motion carried 7-0. Whereas, Alliant Energy (Interstate Power & Light Company) desires to obtain easements RESOLUTION NO. 132-03 under, over, and across a portion of said AWARDING CONTRACT properties for the purpose of constructing, using, Whereas, sealed proposals have been maintaining, repairing and reconstructing submitted by contractors for the Fiber Optic underground and overhead electrical Connection Project between the City Network telecommunications line(s) within such and Port of Dubuque pursuant to Resolution No. easement areas; and 91-03 and notice to bidders published in a Whereas, the City Council finds that it is in the newspaper published in the City of Dubuque, best interest of the City to approve the st Iowa on the 21 day of March, 2003. disposition of such interest in said properties. Whereas, said sealed proposals were opened NOW, THEREFORE, BE IT RESOLVED BY th and read on the 10 day of April, 2003, and it THE CITY COUNCIL OF THE CITY OF has been determined that the bid of Volkens DUBUQUE, IOWA: Excavating of Dyersville, Iowa, in the amount of Section 1. The City Council of the City of $12,332.00 was the lowest bid for the Dubuque, Iowa, approves the Grants of furnishings of all labor and materials and Easement attached hereto and the Mayor is performing the work as provided for in the plans hereby authorized and directed to sign this and specifications. resolution and the Grants of Easement. NOW THEREFORE, BE IT RESOLVED BY st Passed, approved and adopted this 21 day of THE CITY COUNCIL OF THE CITY OF April, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor That the contract for the above improvement Attest: Jeanne F. Schneider, CMC, City Clerk be awarded to Volkens Excavating and the Markham moved adoption of the Resolution. Manager be and is hereby directed to execute a Seconded by Cline. Motion carried 7-0. contract on behalf of the City of Dubuque for the complete performance of the work. Fiber Optics Connection: Proofs of publication BE IT FURTHER RESOLVED: on notice of hearing on plans and specifications That upon the signing of said contract and the and notice to bidders on the receipt of bids for approval of the contractor’s bond, the City the Fiber Optics Connection Between City Network and Port of Dubuque, and City 124 Regular Session, April 21, 2003 Treasurer is authorized and instructed to return CarteGraph Development Agreement: City the bid deposits of the unsuccessful bidders. Manager recommending approval of various st Passed, approved and adopted this 21 day of opportunities to assist CarteGraph Systems, Inc. April, 2003. in obtaining the job creation goals agreed to in a Terrance M. Duggan, Mayor 1999 State of Iowa CEBA award and a Attest: Jeanne F. Schneider, CMC, City Clerk Development Agreement between the City, Cline moved adoption of the Resolution. Horizon Development Group, LLC (property Seconded by Connors. Motion carried 7-0. developer) and CarteGraph Systems, Inc. (employer), presented and read. Nicholson Buol moved that the rules be reinstated limiting moved that the communication be received and discussion to the Council. Seconded by filed and recommendation approved. Seconded Michalski. Motion carried 7-0. by Michalski. Motion carried 7-0. ACTION ITEMS Brewery Redevelopment - Summary of Proposal: City Manager recommending Grand River Center – Logo Design: City approval to draft a formal Development Manager recommending approval of the logo Agreement with The Alexander Company design for the Grand River Center, presented regarding the redevelopment of the former and read. Cline moved that the communication Dubuque Star Brewery building, presented and be received and filed and approved read. Markham moved that the communication recommendation. Seconded by Nicholson. be received and filed and approved Motion carried 7-0. recommendation. Seconded by Cline. Motion carried 7-0. Wayfinding Signage: City Manager recommending approval of design alternatives Dubuque Museum of Art: City Manager for the Wayfinding Sign Program, presented recommending approval of an amendment to the and read. Cline moved that the communication Dubuque Museum of Art loan agreement to be received and filed and approved the following defer interest payments on their Downtown recommendations: Rehabilitation loan for one year, presented and Downtown District: Design Logo #1 voted for read. Cline moved that the communication be by all 7 Council Members; received and filed and approved Eagle Point District: Design Logo #1 voted for recommendation. Seconded by Michalski. by all 7 Council Members; Motion carried 7-0. South End District: Design Logo #1 voted for by Cline, Connors, Markham, Michalski, Northeast Iowa Community College: City Nicholson, and Buol; Design Logo #2 voted for Manager recommending approval of a request by Duggan. from Northeast Iowa Community College to College District: Design Logo #1 voted for by consider cost sharing a feasibility study for a all 7 Council Members with change as requested business incubator in downtown Dubuque, by the University of Dubuque to show the new presented and read. Michalski moved that the Myers Library; communication be received and filed and West End District: Design Logo #1 voted for by approved the recommendation. Seconded by Cline and Nicholson; Design Logo #3 (more Cline. Motion carried 7-0. options) voted for by Connors, Duggan, Michalski and Buol. Design Logo #2 voted for Port of Dubuque Sign and Landscaping and by Markham Recognition Wall: City Manager recommending Port of Dubuque District: Nicholson stated that approval of the preliminary design and cost the boat and wave is sufficient on the logo and estimate for landscaping and signage for the requested they delete the background of the parking lot green space at the intersection of downtown. Design Logo #3 (with no Bell and Third Street and for the recognition wall background) voted for by Cline, Connors, along the landside of the floodwall outside of the Duggan, Michalski, Nicholson; Design Logo #2 American Trust River’s Edge Plaza, presented voted for by Markham and Buol. and read. Cline moved that the communication Seconded by Michalski. Motion carried 7-0. be received and filed and approved Sue Czeshinski of the Convention & Visitors recommendation. Seconded by Nicholson. Bureau and Planning Services Director Laura Carried by the following vote: Yeas—Buol, Carstens spoke stating they were trying to keep Cline, Connors, Markham, Michalski, Nicholson. the signage as simple as possible for viewing by Nays—Duggan. individuals in fast moving vehicles. Steve Ulstad spoke clarifying the plans. Michalski commended the committee for their hard work. Diamond Jo Lease Agreement: City Manager recommending approval of a one-year lease Regular Session, April 21, 2003 125 agreement with Peninsula Gaming Company, Motion carried 7-0. The meeting adjourned at LLC for the patio area south of the Portside 9:44 P.M. Building to allow the Diamond Jo to provide outdoor entertainment this summer, presented /s/ Jeanne F. Schneider, CMC and read. Markham moved that the City Clerk communication be received and filed and 1t 4/30 recommendation approved. Seconded by Buol. Motion carried 7-0. Approved:__________________________2003 RESOLUTION NO. 133-03 Adopted:___________________________2003 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and ______________________________________ approved; and Mayor 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 applicant a Liquor ______________________________________ License. CLASS “C” BEER/LIQUOR LICENSE ______________________________________ Peninsula Gaming Company LLC Diamond Jo Council Members rd Casino (Outdoor Sale) 400 W. 3 St Passed, approved and adopted this day 21st Attest: of April 2003. Terrance M. Duggan, Mayor ______________________________________ Attest: Jeanne F. Schneider, CMC, City Clerk City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Bluff Land Protection Measures (Tabled from March 17, 2003 Meeting): Connors moved that this be removed from the table. Seconded by Cline. Carried by the following vote: Yeas— Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays-Michalski. City Manager submitting information regarding Bluff Land Protection Measures, presented and read. Connors moved that the information be received and filed and discussed being pro- active to protect areas in the City. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBER REPORTS Nicholson voiced appreciation to Staff for the grand City Expo on April 15, 2003. PUBLIC INPUT David Hartig, 1255 Southern, spoke of concerns about possible noise problems from outdoor musical events, etc. There being no further business, Michalski moved to adjourn. Seconded by Markham.