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2003 May Council Proceedings Special Session, May 5, 2003 127 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, May 5, 2003 Approved:__________________________2003 Council met at 5:00 P.M. for Dinner in the Library Rotunda Adopted:___________________________2003 Council met in Special Session at 5:35 P.M. in the Library Auditorium Present: Council Members Buol, Cline, ______________________________________ Connors, Markham, Michalski, Nicholson, City Mayor Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. ______________________________________ Absent at Roll Call: Mayor Duggan, who entered at 5:40 P.M. ______________________________________ Mayor Pro-Tem Buol read the call and stated ______________________________________ this is a special session of the City Council called for the purpose of discussing the ______________________________________ Downtown Master Plan. ______________________________________ Dave Rusk, Chair of the Downtown Planning Committee, spoke and introduced members of ______________________________________ the Committee. Planning Services Manager Council Members Laura Carstens gave a presentation about the proposed development of the downtown. Anne Attest: Ricker, of Leland Consulting Group, and Bob Kost, of SEH Inc., also spoke clarifying the ______________________________________ proposal. City Clerk There being no further business, Cline moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 6:19 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 5/14 128 Regular Session, May 5, 2003 DUBUQUE be received and filed. Seconded by Markham. Motion carried 7-0. CITY COUNCIL OFFICIAL Substance Abuse Services submitting the PROCEEDINGS Third Quarter Report for Fiscal Year 2003, presented and read. Buol moved that the City Council, Regular Session, May 5, 2003 communication be received and filed. Seconded Council met in Regular Session at 6:30 P.M. in by Markham. Motion carried 7-0. the Library Auditorium Notice of Claims/Suits: Stephanie A. Burkart Present: Mayor Duggan, Council Members for personal injury; Chad M. Chase for vehicle Buol, Cline, Connors, Markham, Michalski, damage; Keith Kann and Mary Wilhelm for Nicholson, City Manager Michael Van Milligen, property damage; Christopher J. Lang for Corporation Counsel Barry Lindahl. vehicle damage; Melvin Leibold for property damage; Randy Schmerbach for vehicle Mayor Duggan read the call and stated this is damage; Jennifer Sheldon for personal loss; a regular session of the City Council called for Delmar M. Stevens for vehicle damage, the purpose of discussing such matters which presented and read. Buol moved that the may properly come before the City Council. claims and suits be referred to the Legal Staff for investigation and report. Seconded by Invocation was given by Pastor Ron Moxon, Markham. Motion carried 7-0. Lighthouse Baptist Church. Corporation Counsel advising that the Mayor Duggan swore in Council Member following claims have been referred to Public Patricia A. Cline as Mayor Pro-Tem. Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Stephanie Proclamations: Mental Health Month (May, Burkart for personal injury; Chad M. Chase for 2003) received by Betty Allen; Historic vehicle damage; Keith Kann and Mary Wilhelm Preservation Week (May 5 – 12, 2003) received for property damage, presented and read. Buol by Chris Wand; Hospital Week (May 11 – 17, moved that the communications be received and 2003) received by Kathy Abba of The Finley filed and concurred. Seconded by Markham. Hospital; Nursing Home Week (May 11 – 17, Motion carried 7-0. 2003) received by Barbara Barker of Dubuque Nursing and Rehab; Peace Officers Week (May Corporation Counsel recommending 11 – 17, 2003) received by Rev. David Pacholke settlement of the claims of Christopher Lang for and Police Chief Kim Wadding; Compassionate vehicle damage and Thomas Mueller for Friends Awareness Week (May 20 – 26, 2003) property damage and directing Finance received by Don Phillips. Department to issue payment, presented and read. Buol moved that the communications be CONSENT ITEMS received and filed and concurred with the recommendations and Finance Director to issue Minutes and Reports Submitted: Airport payments. Seconded by Markham. Motion Commission of 4/14; Cable Community carried 7-0. Teleprogramming Commission of 4/1; City Council of 4/21; Downtown Planning Committee Corporation Counsel recommending denial of of 4/11; Housing Code Appeals Board of 12/17; the claim of Holy Ghost Parish Credit Union for Investment Oversight Advisory Commission of property damage, presented and read. Buol 4/24, presented and read. Buol moved that the moved that the communication be received and minutes be received and filed. Seconded by filed and concurred. Seconded by Markham. Markham. Motion carried 7-0. Motion carried 7-0. Proofs of publication of City Council Legislative Letters: Proceedings of 4/7/03 and List of Claims and Communication of City Manager to area Summary of Revenues for Month Ending March legislators requesting that they oppose the 31, 2003, presented and read. Buol moved that recommendations of the Public Strategies the proofs be received and filed. Seconded by Group, presented and read. Buol moved that Markham. Motion carried 7-0. the communication be received and filed. Seconded by Markham. Motion carried 7-0. Investment Oversight Advisory Commission Communication of City Manager to area th submitting the 39 quarterly report, presented legislators Pat Murphy, Mike Connolly, and and read. Buol moved that the communication Roger Stewart thanking them for their recent vote to reject the proposed “Reinvention” bill, Regular Session, May 5, 2003 129 presented and read. Buol moved that the request from Scott Neuwoehner/Cooper communication be received and filed. Seconded Acquisitions, L.L.C. to demolish property located by Markham. Motion carried 7-0. at 280 Locust Street (former Martin Gas Station), presented and read. Buol moved that Communication of City Manager to area the communication be received and filed and legislators Pat Murphy and Pam Jochum approved recommendation. Seconded by thanking them for their email advising that they Markham. Motion carried 7-0. would be opposing HF 691 on the floor of the House, presented and read. Buol moved that Phase IV – Architectural/Historic Survey: the communication be received and filed. Communication of City Manager recommending Seconded by Markham. Motion carried 7-0. approval of a Certified Local Government (CLG) Grant Agreement for Phase IV of the City’s Communication of City Manager to area Architectural/Historic Survey, presented and legislators Steven Lukan, Gene Manternach and read. Buol moved that the communication be Robert Osterhaus regarding the impact to the received and filed. Seconded by Markham. City of the latest proposals included within HF Motion carried 7-0. 691 (the “Reinvention” bill), presented and read. RESOLUTION NO. 134-03 Buol moved that the communication be received RESOLUTION APPROVING A CERTIFIED and filed. Seconded by Markham. Motion LOCAL GOVERNMENT (CLG) GRANT carried 7-0. AGREEMENT TO CONDUCT AN ARCHI- TECTURAL / HISTORIC SURVEY Communication of City Manager to area legislators requesting support for two Whereas, the State Historical Society of Iowa amendments to the Reinvention Bill, presented has awarded the City of Dubuque Certified Local and read. Buol moved that the communication Government Program (CLG) grant funds to be received and filed. Seconded by Markham. conduct Phase IV of the architectural/historic Motion carried 7-0. survey of the community; and Whereas, the State Historical Society has Communication of City Manager to area advised that an architectural/historic survey is legislators requesting support to include the arts necessary for the renewal of a Memorandum of and culture in the proposed Iowa Values Fund, Agreement between the State and City for the presented and read. Buol moved that the purposes of conducting local Section 106 communication be received and filed. Seconded reviews; and by Markham. Motion carried 7-0. Whereas, the City of Dubuque Historic Preservation Commission has reviewed and Communication of City Manager to State endorsed Phase IV of the architectural/historic Senators Connolly, Stewart and Hosch survey. regarding Tax Increment Financing (TIF) NOW THEREFORE, BE IT RESOLVED BY legislation, presented and read. Buol moved that THE CITY COUNCIL OF THE CITY OF the communication be received and filed. DUBUQUE, IOWA: Seconded by Markham. Motion carried 7-0. Section 1. That the Mayor is hereby authorized to sign the CLG grant agreement with the State Communication to State Representatives Historical Society for Phase IV of the Jochum, Manternach, Murphy and Lukan architectural/historic survey. thanking them for their recent vote in favor of HF Section 2. That the Planning Services 686 related to Tax Increment Financing, Manager is authorized to utilize budgeted funds presented and read. Buol moved that the and to submit reimbursement requests for the communication be received and filed. Seconded project. by Markham. Motion carried 7-0. Section 3. That the City of Dubuque agrees to abide by all local, state and federal requirements Excess Worker’s Compensation Insurance applicable to the project. Policy: City Manager recommending approval of Passed, approved and adopted this 5th day the Excess Worker’s Compensation Insurance of May, 2003. Policy through June 30, 2003, presented and Terrance M. Duggan, Mayor read. Buol moved that the communication be Attest: Jeanne F. Schneider, City Clerk received and filed and approved recom-Buol moved adoption of the Resolution. mendation. Seconded by Markham. Motion Seconded by Markham. Motion carried 7-0. carried 7-0. City of Sageville Annexations: 280 Locust Street – Demolition Permit: Communication from William J. Maiers, Communication from the Historic Preservation Attorney for the City of Sageville, submitting Commission recommending approval of a Notice of Annexation Applications and Public 130 Regular Session, May 5, 2003 Hearing on Voluntary Annexation Requests of its leased property from the City of Dubuque regarding territory to be annexed into the City of to Arthur A. Myatt, Joyce C. Myatt, and Joyce’s Sageville, presented and read. Michalski moved Tugboat, Inc., in accordance with the sublease that the communication be received and filed. agreement between said private parties effective Seconded by Markham. Motion carried 7-0. April 1, 2003. Section 2. That the term of the said sublease City Manager advising Mayor Ralph Dean of shall be from April 1, 2003 and ending on March the City of Dubuque’s opposition to the five 31, 2004. proposed annexations, presented and read. Section 3. That the sublease to Arthur A. Michalski moved that the communication be Myatt, Joyce C. Myatt, and Joyce’s Tugboat, Inc. received and filed and approved opposition. is bound by all stated terms and conditions of Seconded by Markham. Motion carried 7-0. the existing leases between the City of Dubuque and the Dubuque Yacht Basin, Inc. th Dubuque Yacht Basin: City Manager Passed, approved and adopted this 5 day of recommending approval of a sublease of City-May, 2003. owned land leased by the Dubuque Yacht Basin, Terrance M. Duggan, Mayor Inc., to Arthur A. Myatt, Joyce C. Myatt, and Attest: Jeanne F. Schneider, CMC, City Clerk Joyce’s Tugboat, Inc., presented and read. Buol Buol moved adoption of the Resolution. moved that the communication be received and Seconded by Markham. Motion carried 7-0. filed. Seconded by Markham. Motion carried 7- 0. Social Security Administration Offices: Communication from Senator Charles Grassley RESOLUTION NO. 135-03 regarding the retention of the offices of the RESOLUTION GRANTING AUTHORIZATION Social Security Administration in the Dubuque TO DUBUQUE YACHT BASIN TO SUBLEASE Post Office building, presented and read. Buol PROPERTY LEASED FROM THE CITY OF moved that the communication be received and DUBUQUE TO ARTHUR A. MYATT, JOYCE C. filed. Seconded by Markham. Motion carried 7- MYATT, AND JOYCE’S TUGBOAT, INC. 0. Whereas, the Dubuque Yacht Basin has requested subleasing of a portion of property Greyhound Bus Contract: City Manager leased by Dubuque Yacht Basin from the City of recommending approval of a contract with Dubuque, Iowa, to Arthur A. Myatt, Joyce C. Greyhound Bus Lines for Keyline Transit to sell Myatt, and Joyce’s Tugboat, Inc. pursuant to the tickets as an independent agent, presented and following leases: read. Buol moved that the communication be 1. Lease agreement dated April 8, 1970 and received and filed and approved as later amended; recommendation. Seconded by Markham. 2. First amendment to lease dated November Motion carried 7-0. 3, 1970 and as later amended; 3. Lease agreement dated February 5, 1974 Certificate of Achievement – Government and as later amended; Finance Officer Association: City Manager 4. Lease agreement dated November 16, advising that the Government Finance Officers 1987 and as later amended; and Association has awarded the City of Dubuque a Whereas, the existing lease agreements Certificate of Achievement for Excellence in between the City of Dubuque and the Dubuque Financial Reporting for the Comprehensive Yacht Basin stipulate that the Lessee has the Annual Financial Reports for the fiscal year right to sublet or assign any of its rights, in and ending June 30, 2002, presented and read. to the demised premises, to any person or Michalski moved that the communication be concern with prior written approval of the Lessor received and filed. Seconded by Markham. in that the Lessor’s interest shall be fully Motion carried 7-0. protected and which approval of the Lessor shall not be unreasonably withheld; and Arbor Estates – Acceptance of Sanitary Sewer Whereas, the sublease agreement between Lift Station: City Manager recommending the Dubuque Yacht Basin and Arthur A. Myatt, acceptance of the sanitary sewer lift station that Joyce C. Myatt, and Joyce’s Tugboat, Inc. has the developer, Kivlahan Farms, L.L.C., has been reviewed and has been found to protect recently completed in Arbor Estates, presented the interest of the City of Dubuque in the existing and read. Buol moved that the communication leases with the Dubuque Yacht Basin. be received and filed. Seconded by Markham. NOW, THEREFORE, BE IT RESOLVED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to the Dubuque Yacht Basin, Inc. to sublease a portion Regular Session, May 5, 2003 131 RESOLUTION NO. 136-03 granted a permit to sell Cigarettes and Cigarette ACCEPTING SANITARY SEWER LIFT Papers within said City. STATION IN ARBOR ESTATES NEW Whereas, pursuant to Resolution 168-02, A & B Tap Carol Meyers certain improvements including a sanitary sewer 2600 Central Ave th lift station was installed by the developer of Passed, approved and adopted this 5 day of, Arbor Estates; and May 2002. Whereas, the Sanitary Sewer Lift Station has Terrance M. Duggan, Mayor been completed and the City Manager has Attest: Jeanne F. Schneider, CMC, City Clerk examined the work and has filed a certificate Buol moved adoption of the Resolution. stating that the same has been completed in Seconded by Markham. Motion carried 7-0. accordance with the plans approved by the City RESOLUTION NO. 138-03 Council and in conformance with City BEER specifications, and has recommended that the Sanitary Sewer Lift Station be accepted by the Whereas, applications for Beer Permits have City Council. been submitted and filed to this Council for NOW THEREFORE, BE IT RESOLVED BY approval and the same have been examined THE CITY COUNCIL OF THE CITY OF and approved: and DUBUQUE, IOWA: Whereas, the premises to be occupied by Section 1. That the recommendation of the such applicants were inspected and found to City Manager be approved and that said comply with the Ordinances of the City and have Sanitary Sewer Lift Station in Arbor Estates be filed proper bonds. and the same is hereby accepted. NOW, THEREFORE, BE IT RESOLVED BY Section 2. That maintenance of said THE CITY COUNCIL OF THE CITY OF improvements shall be the responsibility of the DUBUQUE, IOWA: contractor and the owner for a period of two That the Manager be authorized to cause to be years from this date. issued the following named applicants a Beer th Passed, adopted and approved this 5 day of Permit.- May, 2003. CLASS “B” BEER (5 – DAY SPECIAL EVENT) Terrance M. Duggan, Mayor Catfish Festival Catfish Festival+ (Sunday Sale) Attest: Jeanne F. Schneider, CMC, City Clerk Hawthorne St Peninsula Buol moved adoption of the Resolution. Dubuque Jaycees Dubuque Jaycees Main st Seconded by Markham. Motion carried 7-0. Event 1 & Main St Dubuque Jaycees Dubuque Jaycees- Tent A U.S. Department of Housing and Urban Town Clock Plaza Development: Communication from the U.S. Dubuque Jaycees Dubuque Jaycees Department of Housing and Urban Development - Tent B Town Clock Plaza regarding funding available for Section 202 and Dubuque Jaycees Dubuque Jaycees- Tent C Section 811 Capital Advance Programs and Town Clock Plaza inviting applications, presented and read. Buol CLASS “C” BEER PERMIT moved that the communication be received and Oriental Food & Gift Corp Lien Oriental Am. th filed. Seconded by Markham. Motion carried 7- Food+(Sunday Sale) 115 W. 11 St 0. Beecher Co. Inc Beecher Beverage+ (Sunday Sale) 1691 Asbury Rd City of Cedar Rapids: Communication from TFM Co. Oky Doky # 1+ st Wade Wagner, Commissioner of Parks and (Sunday Sale) 250 W. 1 St Public Property for Cedar Rapids, expressing TFM Co. Oky Doky #2+ nd appreciation for the recent tour of the Port of (Sunday Sale) 51 W. 32 St Dubuque, presented and read. Buol moved that Passed, approved and adopted this 5th day of the communication be received and filed. May, 2003. Seconded by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses: Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 137-03 RESOLUTION NO. 139-03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, applications for Liquor Licenses DUBUQUE, IOWA: have been submitted to this Council for approval That the following having complied with the and the same have been examined and provisions of law relating to the sale of approved; and Cigarettes within the City of Dubuque, Iowa, be Whereas, the premises to be occupied by such applicants were inspected and found to comply 132 Regular Session, May 5, 2003 with the State Laws and all City Ordinances Section 1. That the City of Dubuque intends to relevant thereto and they have filed proper dispose of its interest and vacate an eight-foot bonds. wide utility easement over the Balance of Lot 4 NOW, THEREFORE, BE IT RESOLVED BY of Plaza Court in the City of Dubuque, as shown THE CITY COUNCIL OF THE CITY OF on the attached Exhibit A. DUBUQUE, IOWA: Section 2. That the City Clerk be and is hereby That the Manager be authorized to cause to be authorized and directed to cause a notice of issued the following named applicants a Liquor intent to be published as prescribed under License. Section 364.7 Code of Iowa, 1999 or amended. th CLASS “C” BEER/LIQUOR LICENSE Passed, approved and adopted this 5 day of Michael/Theresa Kalmes Breaktime Bar & May, 2003. & Grill+ (Sunday Sale) 1097 Jackson St Terrance M. Duggan, Mayor Tott’s Tap Inc. Tott’s Tap Attest: Jeanne F. Schneider, CMC, City Clerk 3457 Jackson St Cline moved adoption of the Resolution and Patricia Broessel Corner Tap + set this for public hearing on 5/19/03 at a (Sunday Sale) 2093 Washington meeting to commence at 6:30 P.M. in the public Kostas Inc. Charhouse Restr+ library auditorium and that the City Clerk publish (Sunday Sale) 1575 JFK Rd notice in the manner prescribed by law. Joyce’s C Myatt Joyce’s Tugboat+ Seconded by Nicholson. Motion carried 7-0. th (Sunday Sale) 1630 E. 16 St SPECIAL CLASS “C” (BW) LIQUOR Quebecor World Dubuque, Inc. (Development Athenian Grill, Inc Athenian Grill Agreement – Tax Increment Financing): City 1091 University Ave Manager recommending approval of the CLASS “B”(WB) WINE issuance of tax increment revenue obligations Beecher Co. Inc. Beecher Beverage for Quebecor World Dubuque, Inc., and that a 1691 Asbury Rd public hearing be set for May 19, 2003, TFM Co. Oky Doky # 1 presented and read. Cline moved that the st 250 W. 1 St communication be received and filed. Seconded Passed, approved and adopted this 5th day of by Nicholson. Motion carried 7-0. May, 2003. RESOLUTION NO. 141-03 Terrance M. Duggan, Mayor FIXING THE DATE FOR A MEETING OF THE Attest: Jeanne F. Schneider, CMC, City Clerk CITY COUNCIL OF THE CITY OF DUBUQUE, Buol moved adoption of the Resolution. IOWA ON THE PROPOSED ISSUANCE OF Seconded by Markham. Motion carried 7-0. URBAN RENEWAL TAX INCREMENT ITEMS TO BE SET FOR PUBLIC HEARING REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH Vacating Petition – Utility Easement (Plaza QUEBECOR WORLD DUBUQUE, INC., AND Court): City Manager recommending that a PROVIDING FOR THE PUBLICATION OF public hearing be set for May 19, 2003 to NOTICE THEREOF consider a request from Steve Schmitz and Michael White for the vacating of an eight-foot Whereas, it is deemed necessary and wide utility easement in the City of Dubuque, advisable that the City of Dubuque, Iowa, should presented and read. Cline moved that the issue Urban Renewal Tax Increment Revenue communication be received and filed. Seconded obligations, as authorized by Chapter 403 of the Code of Iowa by Nicholson. Motion carried 7-0. , and to enter into a Development Agreement relating thereto with QUEBECOR RESOLUTION NO. 140-03 WORLD DUBUQUE, INC., for the purpose of RESOLUTION OF INTENT TO DISPOSE OF carrying out an Urban Renewal Project as INTEREST AND VACATE UTILITY EASE- hereinafter described; and MENT OVER THE BALANCE OF LOT 4 OF Whereas, before said obligation may be PLAZA COURT IN THE CITY OF DUBUQUE, Code of Iowa approved, Section 403.9 of the DUBUQUE COUNTY, IOWA requires that the City Clerk publish a notice of Whereas, Steve Schmitz is the current owner the proposal and of the time and place of the of the Balance of Lot 4 of Plaza Court; and meeting at which the City Council proposes to Whereas, an eight-foot utility easement is take action thereon and at which meeting the currently platted on said lot; and City Council shall receive oral and/or written Whereas, Steve Schmitz has petitioned to objections from any resident or property owner vacate the easement in said lot. of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED 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: Regular Session, May 5, 2003 133 PROVIDING FOR THE PUBLICATION OF Section 1. That the City Council meet in the NOTICE THEREOF Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, at 6:30 p.m. on the 19th day Whereas, it is deemed necessary and of May 2003, for the purpose of taking action on advisable that the City of Dubuque, Iowa, enter the matter of the issuance of Urban Renewal into a Development Agreement with the Adams Tax Increment Revenue obligations and the Company for the purpose of carrying out an execution of a Development Agreement relating Urban Renewal Project; and thereto with QUEBECOR WORLD DUBUQUE, Whereas, before said agreement may be Code of Iowa INC., the proceeds of which will be used to carry approved, Chapter 403 of the out certain of the special financing activities requires that the City Clerk publish a notice of described in the Quebecor Economic the proposal and of the time and place of the Development District Urban Renewal Plan, meeting at which the City Council proposes to consisting of the funding of economic take action thereon and at which meeting the developments grants to QUEBECOR WORLD City Council shall receive oral and/or written DUBUQUE, INC. pursuant to a Development objections from any resident or property owner Agreement entered into with QUEBECOR of said City to such proposed action. WORLD DUBUQUE, INC. under the terms and NOW THEREFORE, BE IT RESOLVED BY conditions of said Urban Renewal Plan. It is THE CITY COUNCIL OF THE CITY OF expected that the aggregate amount of the Tax DUBUQUE, IOWA: Increment Revenue obligations will be $142,000, Section 1. That the City Council meet in the more or less, due to assessment increases Auditorium of the Carnegie-Stout Public Library and/or tax rate adjustments. in Dubuque, Iowa, at 6:30 p.m. on the 19th day Section 2. That the Clerk is hereby directed to of May 2003, for the purpose of taking action on cause at least one publication to be made of a the execution of a Development Agreement with notice of said meeting, in a newspaper, printed the Adams Company, to carry out activities wholly in the English language, published at described in the Dubuque Industrial Center least once weekly, and having general Economic Development District Urban Renewal circulation in said City, said publication to be not Plan, including the sale of property to the less than four days nor more than twenty days Company and of the funding of economic before the date of said meeting on the issuance developments grants to the Adams Company. of said obligations. Section 2. That the Clerk is hereby directed to Section 3. That the notice of the proposed cause at least one publication to be made of a action to issue said obligations shall be in notice of said meeting, in a newspaper, printed substantially the form attached hereto. wholly in the English language, published at Passed, approved and adopted this 5th day of least once weekly, and having general May 2003. circulation in said City, said publication to be not Terrance M. Duggan, Mayor less than four days nor more than twenty days Attest: Jeanne F. Schneider, City Clerk before the date of said meeting on the issuance Cline moved adoption of the Resolution and of said obligations. set this for public hearing on 5/19/03 at a Passed, approved and adopted this 5th day of meeting to commence at 6:30 P.M. in the public May 2003. library auditorium and that the City Clerk publish Terrance M. Duggan, Mayor notice in the manner prescribed by law. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0. Cline moved adoption of the Resolution and set this for public hearing on 5/19/03 at a Adams Company (Development Agreement): meeting to commence at 6:30 P.M. in the public City Manager recommending that a public library auditorium and that the City Clerk publish hearing be set for May 19, 2003 to consider a notice in the manner prescribed by law. Development Agreement with the Adams Seconded by Nicholson. Motion carried 7-0. Company for the purchase of their property in the Port of Dubuque and relocation of the Dubuque Area Industrial Development company to the Dubuque Industrial Center Corporation (Development Agreement – Tax West, presented and read. Cline moved that the Increment Financing): City Manager communication be received and filed. Seconded recommending approval of the issuance of tax by Nicholson. Motion carried 7-0. increment revenue obligations for the Dubuque Area Industrial Development Corporation and RESOLUTION NO. 142-03 that a public hearing be set for May 19, 2003, FIXING THE DATE FOR A MEETING OF THE presented and read. Cline moved that the CITY COUNCIL OF THE CITY OF DUBUQUE, communication be received and filed. Seconded IOWA ON THE EXECUTION OF A DEVELOP- by Nicholson. Motion carried 7-0. MENT AGREEMENT RELATING THERETO WITH THE ADAMS COMPANY, AND 134 Regular Session, May 5, 2003 RESOLUTION NO. 143-03 least once weekly, and having general FIXING THE DATE FOR A MEETING OF THE circulation in said City, said publication to be not CITY COUNCIL OF THE CITY OF DUBUQUE, less than four days nor more than twenty days IOWA ON THE PROPOSED ISSUANCE OF before the date of said meeting on the issuance URBAN RENEWAL TAX INCREMENT of said obligations. REVENUE OBLIGATIONS AND THE EXEC- Section 3. That the notice of the proposed UTION OF A FIRST AMENDMENT TO action to issue said obligations shall be in DEVELOPMENT AGREEMENT RELATING substantially the form attached hereto. th THERETO WITH DUBUQUE AREA Passed, approved and adopted this 5 day of INDUSTRIAL DEVELOPMENT CORPOR- May 2003. ATION, AND PROVIDING FOR THE Terrance M. Duggan, Mayor PUBLICATION OF NOTICE THEREOF. Attest: Jeanne F. Schneider, City Clerk Whereas, it is deemed necessary and Cline moved adoption of the Resolution and advisable that the City of Dubuque, Iowa, should providing for the publication of notice thereof issue Urban Renewal Tax Increment Revenue and set this for public hearing on 5/19/03 at a obligations, as authorized by Chapter 403 of themeeting to commence at 6:30 P.M. in the public Code of Iowa , and to enter into a First library auditorium and that the City Clerk publish Amendment to Development Agreement relating notice in the manner prescribed by law. thereto with DUBUQUE AREA INDUSTRIAL Seconded by Nicholson. Motion carried 7-0. DEVELOPMENT CORPORATION, for the purpose of carrying out an Urban Renewal Heartland Financial USA, Inc. (Development Project as hereinafter described; and Agreement – Tax Increment Financing): City Whereas, before said obligation may be Manager recommending approval of the Code of Iowa approved, Section 403.9 of the issuance of tax increment revenue obligations requires that the City Clerk publish a notice of for Heartland Financial USA, Inc., and that a the proposal and of the time and place of the public hearing be set for May 19, 2003, meeting at which the City Council proposes to presented and read. Cline moved that the take action thereon and at which meeting the communication be received and filed. Seconded City Council shall receive oral and/or written by Nicholson. Motion carried 7-0. objections from any resident or property owner RESOLUTION NO. 144-03 of said City to such proposed action. FIXING THE DATE FOR A MEETING OF THE NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBUQUE, THE CITY COUNCIL OF THE CITY OF IOWA ON THE PROPOSED ISSUANCE OF DUBUQUE, IOWA: URBAN RENEWAL TAX INCREMENT Section 1. That the City Council meet in the REVENUE OBLIGATIONS AND THE Auditorium of the Carnegie-Stout Public Library EXECUTION OF A DEVELOPMENT AGREE- in Dubuque, Iowa, at 6:30 p.m. on the 19th day MENT RELATING THERETO WITH of May, 2003, for the purpose of taking action on HEARTLAND FINANCIAL USA, INC., AND the matter of the issuance of Urban Renewal PROVIDING FOR THE PUBLICATION OF Tax Increment Revenue obligations and the NOTICE THEREOF execution of a First Amendment to Development Agreement relating thereto with DUBUQUE Whereas, it is deemed necessary and AREA INDUSTRIAL DEVELOPMENT CORPO-advisable that the City of Dubuque, Iowa, should RATION, the proceeds of which will be used to issue Urban Renewal Tax Increment Revenue carry out certain of the special financing obligations, as authorized by Chapter 403 of the Code of Iowa activities described in the Dubuque Industrial , and to enter into a Development Center Urban Renewal Plan, consisting of the Agreement relating thereto with HEARTLAND funding of economic developments grants to FINANCIAL USA, INC., for the purpose of DUBUQUE AREA INDUSTRIAL DEVELOP-carrying out an Urban Renewal Project as MENT CORPORATION pursuant to a First hereinafter described; and Amendment to Development Agreement entered Whereas, before said obligation may be Code of Iowa into with DUBUQUE AREA INDUSTRIAL approved, Section 403.9 of the DEVELOPMENT CORPORATION under the requires that the City Clerk publish a notice of terms and conditions of said Urban Renewal the proposal and of the time and place of the Plan. It is expected that the aggregate amount meeting at which the City Council proposes to of the Tax Increment Revenue obligations will be take action thereon and at which meeting the $315,000, more or less, due to assessment City Council shall receive oral and/or written increases and/or tax rate adjustments. objections from any resident or property owner Section 2. That the Clerk is hereby directed to of said City to such proposed action. cause at least one publication to be made of a NOW THEREFORE, BE IT RESOLVED BY notice of said meeting, in a newspaper, printed THE CITY COUNCIL OF THE CITY OF wholly in the English language, published at DUBUQUE, IOWA: Regular Session, May 5, 2003 135 Section 1. That the City Council meet in the Asphalt Paving Project (Fiscal Year 2004) in the Auditorium of the Carnegie-Stout Public Library estimated amount $735,083.53 are hereby in Dubuque, Iowa, at 6:30 p.m. on the 19th day approved and ordered filed in the office of the of May, 2003, for the purpose of taking action on City Clerk for public inspection. th the matter of the issuance of Urban Renewal Passed, adopted and approved this 5 day of Tax Increment Revenue obligations and the May, 2003. execution of a Development Agreement relating Terrance M. Duggan, Mayor thereto with HEARTLAND FINANCIAL USA, Attest: Jeanne F. Schneider, CMC, City Clerk INC., the proceeds of which will be used to carry Cline moved adoption of the Resolution out certain of the special financing activities Seconded by Nicholson. Motion carried 7-0. described in the Downtown Dubuque Urban RESOLUTION NO. 146-03 Renewal Plan, consisting of the funding of FIXING DATE OF HEARING ON PLANS AND economic developments grants to HEARTLAND SPECIFICATIONS FINANCIAL USA, INC. pursuant to a Development Agreement entered into with Whereas, the City Council of the City of HEARTLAND FINANCIAL USA, INC. under the Dubuque, Iowa has given its preliminary terms and conditions of said Urban Renewal approval on the proposed plans, specifications, Plan. It is expected that the aggregate amount and form of contract and placed same on file in of the Tax Increment Revenue obligations will be the office of the City Clerk for public inspection $478,000, more or less, due to assessment of the 2003 Asphalt Paving Project (Fiscal Year increases and/or tax rate adjustments. 2004). Section 2. That the Clerk is hereby directed to NOW THEREFORE, BE IT RESOLVED BY cause at least one publication to be made of a THE CITY COUNCIL OF THE CITY OF notice of said meeting, in a newspaper, printed DUBUQUE, IOWA: nd wholly in the English language, published at That a public hearing will be held on the 2 least once weekly, and having general day of June, 2003, at 6:30 p.m. in the Public circulation in said City, said publication to be not Library Auditorium at which time interested less than four days nor more than twenty days persons may appear and be heard for or against before the date of said meeting on the issuance the proposed plans and specifications, form of of said obligations. contract and cost of said improvement, and the Section 3. That the notice of the proposed City Clerk be and is hereby directed to cause a action to issue said obligations shall be in notice of time and place of such hearing to be substantially the form attached hereto. published in a newspaper having general th Passed, approved and adopted this 5 day of circulation in the City of Dubuque, Iowa, which May 2003. notice shall be not less than four days nor more Terrance M. Duggan, Mayor than twenty days prior to the day fixed for its Attest: Jeanne F. Schneider, City Clerk consideration. At the hearing, any interested Cline moved adoption of the Resolution and person may appear and file objections to the providing for the publication of notice thereof proposed plans, specifications, contract, or and set this for public hearing on 5/19/03 at a estimated cost of the improvement. th meeting to commence at 6:30 P.M. in the public Passed, adopted and approved this 5 day of library auditorium and that the City Clerk publish May, 2003. notice in the manner prescribed by law. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution setting 2003 (Fiscal Year 2004) Asphalt Paving date of hearing on plans and specifications for Project: City Manager recommending initiation of 6/2/03 at a meeting to commence at 6:30 P.M. in the public bidding process for the 2003 (Fiscal the public library auditorium and that the City Year 2004) Asphalt Paving Project and that a Clerk publish notice in the manner prescribed by public hearing be set for June 2, 2003, law. Seconded by Nicholson. Motion carried 7- presented and read. Cline moved that the 0. communication be received and filed. Seconded RESOLUTION NO. 147-03 by Nicholson. Motion carried 7-0. ORDERING BIDS RESOLUTION NO. 145-03 NOW THEREFORE, BE IT RESOLVED BY PRELIMINARY APPROVAL OF THE COUNCIL OF THE CITY OF DUBUQUE, PLANS AND SPECIFICATIONS IOWA: NOW THEREFORE, BE IT RESOLVED BY That the 2003 Asphalt Paving Project (Fiscal THE CITY COUNCIL OF THE CITY OF Year 2004) is hereby ordered to be advertised DUBUQUE, IOWA: for bids for construction. That the proposed plans, specifications, form BE IT FURTHER RESOLVED, that the amount of contract and estimated cost for the 2003 of the security to accompany each bid shall be in 136 Regular Session, May 5, 2003 an amount which shall conform to the provisions Connors, Duggan, Markham, Michalski. Nays— of the Notice to Bidders hereby approved as a Nicholson. part of the plans and specifications heretofore Walt Pregler, 2966 Shiras, spoke in opposition adopted. citing potential water runoff problems. That the City Clerk is hereby directed to John Dolan, 3058 Shiras, spoke objecting to advertise for bids for the construction of the the density of this project. improvements herein provided, to be published Albert Dolan, 3209 Roosevelt, Lowell Davis, in a newspaper having general circulation in the 3138 Shiras, Al Dolan, 3160 Shiras, Jim and City of Dubuque, Iowa, which notice shall not be Wendy Jaeger, 2924 Shiras, Paul Conlon, 3156 less than four days nor more than forty-five days Shiras, and Nancy Dolan, 3209 Roosevelt, all prior to the receipt of said bids at 2:00 p.m. on spoke in opposition citing the density of the nd the 22 day of May, 2003. Bids shall be opened project and potential water run-off problems. and read by the City Clerk at said time and will Jim Holz, 489 Marjorie Circle, as Chair of the be submitted to the Council for final action at Housing Trust Fund, spoke in support of the nd 6:30 p.m. on the 2 day of June, 2003. project. th Passed, adopted and approved this 5 day of Cline questioned Public Works Director Mike May, 2003. Koch as to Roosevelt Road’s stormwater Terrance M. Duggan, Mayor drainage capabilities and handling of additional Attest: Jeanne F. Schneider, CMC, City Clerk traffic. Cline moved adoption of the Resolution. Ken Buesing, of Buesing and Associates, Seconded by Nicholson. Motion carried 7-0. spoke in support of the proposed development stating that the water run-off problem has been BOARDS/COMMISSIONS addressed. Michalski questioned the developer Mark Appointments to the following Boards: Fondell as to the possibility of reducing the Housing Code Appeals Board: Applicant: Ben density of the project. Mr. Fondell stated they Durley. Michalski moved that Ben Durley be have platted the maximum lots but may not be appointed to a three year term expiring 1/11/06. able to build on all of them. Seconded by Cline. Motion carried 7-0. Council discussed this project at length, stressing their stated priority of affordable PUBLIC HEARINGS housing availability and storm water retention issues. Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by An Ordinance Amending Appendix A (the Cline. Motion carried 7-0. Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter 3251 Roosevelt Road – Rezoning Request: described property located at 3251 Roosevelt Proof of publication on notice of hearing to Road from R-1 Single-Family Residential Zoning consider a request from Fondell Excavating, Inc. District to R-2 Two-Family Residential Zoning to rezone property located at 3251 Roosevelt District and R-3 Moderate Density Multi-Family Road from R-1 Single-Family Residential District Residential Zoning District, presented and read. to R-2 Two-Family Residential District and R-3 Moderate Density Multi-Family Residential OFFICIAL PUBLICATION District; Zoning Advisory Commission ORDINANCE NO. 36-03 recommending approval, and Zoning Advisory AN ORDINANCE AMENDING APPENDIX A Commission submitting the preliminary plat for (THE ZONING ORDINANCE) OF THE CITY OF Eagle Valley Subdivision located at 3251 DUBUQUE CODE OF ORDINANCES BY Roosevelt Road as an information item; RECLASSIFYING HEREINAFTER DESCRI- communication from City Manager regarding the BED PROPERTY LOCATED AT 3251 rezoning request for property at 3251 Roosevelt ROOSEVELT ROAD FROM R-1 SINGLE- Road; communication from Mr. and Mrs. Walt FAMILY RESIDENTIAL DISTRICT TO R-2 Pregler regarding the rezoning request for TWO-FAMILY RESIDENTIAL DISTRICT AND property described as 3251 Roosevelt Road; R-3 MODERATE DENSITY MULTI-FAMILY communication from Mary Schoen-Clark, RESIDENTIAL ZONING DISTRICT. Regional President of Mercy Housing Midwest, NOW, THEREFORE, BE IT ORDAINED BY in support of the Roosevelt Road project, and THE CITY COUNCIL OF THE CITY OF communication of Ken and Helen Heacock in DUBUQUE, IOWA: support of the project, presented and read. Buol Section 1. That Appendix A (The Zoning moved that the proof and communications be Ordinance) of the City of Dubuque Code of received and filed. Seconded by Markham. Ordinances is hereby amended by reclassifying Carried by the following vote: Yeas—Buol, Cline, the hereinafter-described property from R-1 Regular Session, May 5, 2003 137 Single-Family Residential zoning district to R-2 Whereas, the annexation territory does include Two-Family Residential zoning district and R-3 a portion of County-owned road right-of-way for Moderate Density Multi-Family Residential Old Highway Road, an adjoining secondary district as shown in Exhibit 1, and to the road; and Code of Iowa centerline of the adjoining public right-of-way, all Whereas, Chapter 368 of the in the City of Dubuque, Iowa. authorizes the extension of City limits in Section 2. The foregoing amendment has situations of this character by adoption of a heretofore been reviewed by the Zoning resolution after notification as required by State Advisory Commission of the City of Dubuque, regulations; and Iowa. Whereas, this request has been found to be Section 3. This ordinance shall take effect consistent with the Comprehensive Plan of the immediately upon publication, as provided by City of Dubuque; and law. Whereas, the future growth and development Passed, approved and adopted this 5th day of of the City of Dubuque, Iowa, make it desirable May 2003. that said territory be made part of the City of Terrance M. Duggan, Mayor Dubuque, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY Published officially in the Telegraph Herald THE CITY COUNCIL OF THE CITY OF th newspaper this 10 day of May, 2003. DUBUQUE, IOWA: Jeanne F. Schneider, CMC, City Clerk Section 1. That the application of Wayne C. 1t 5/10 Stewart, President, W.C. Stewart Construction, Buol moved that the requirement that a Inc., property owner, for voluntary annexation is proposed Ordinance be considered and voted hereby approved and that the corporate limits of on for passage at two Council Meetings prior to the City of Dubuque, Iowa, be, and they hereby the meeting at which it is to be finally passed be are extended to include the territory legally suspended and further moved final consid-described as Lot 1 of Lot 2 of Mason Cate th eration and passage of the Ordinance. Estates, Sec. 36, T89N, R2E of the 5 P.M. and Seconded by Markham. Carried by the following to the centerline of the adjoining public right-of- vote: Yeas—Buol, Cline, Connors, Duggan, way of Old Highway Road in Dubuque County, Markham, Michalski. Nays--Nicholson. Iowa as shown in Exhibit A. Section 2. The territory hereby annexed shall Stewart Construction – Voluntary Annexation: become a part of the Seventh Precinct of the Proof of publication on notice of hearing to Second Ward of the City of Dubuque, Iowa. consider a request from Wayne C. Stewart. Section 3. That the City Clerk shall file this President of W.C. Stewart Construction, Inc. for resolution, all exhibits and the application for the voluntary annexation of property located voluntary annexation with the State of Iowa in south of Old Highway Road and west of Seippel accordance with State regulations. th Road, presented and read. Markham moved that Passed, approved and adopted this 5 day of the proof be received and filed. Seconded by May 2003. Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 148-03 Markham moved adoption of the Resolution. RESOLUTION APPROVING APPLICATION Seconded by Michalski. Motion carried 7-0. FOR VOLUNTARY ANNEXATION OF TERRITORY Port of Dubuque – Vacating of Streets and Whereas, Wayne C. Stewart, President, W.C. Alleys: Proof of publication on notice of hearing Stewart Construction, Inc., property owner, has to consider disposing of City interest in Lots N, submitted a written application for voluntary O, P, Q, R, S, T, U, and V of Dubuque Harbor annexation of approximately 20.0 acres of Improvement Company Addition to Dubuque territory lying outside of the corporate limits of Initiatives, presented and read. Nicholson the City of Dubuque, Iowa, legally described as moved that the proof be received and filed. Lot 1 of Lot 2 of Mason Cate Estates, Sec. 36, Seconded by Cline. Motion carried 7-0. th T89N, R2E of the 5 P.M. and to the centerline RESOLUTION NO. 149-03 of the adjoining public right-of-way of Old RESOLUTION DISPOSING OF CITY Highway Road in Dubuque County, Iowa as INTEREST IN LOTS N, O, P, Q, R, S, T, U, shown in Exhibit A; and AND V OF DUBUQUE HARBOR IMPROVE- Whereas, the annexation territory is not MENT COMPANY ADDITION IN THE CITY OF subject to an existing annexation moratorium DUBUQUE, DUBUQUE COUNTY, IOWA agreement; and Whereas, the annexation territory does not Whereas, pursuant to resolution and published include any State or railroad property; and notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general 138 Regular Session, May 5, 2003 circulation published in the City of Dubuque, and filed. Seconded by Nicholson. Motion th Iowa on this 25 day of April, 2003, the City carried 7-0. Council of the City of Dubuque, Iowa met on the th RESOLUTION NO. 150-03 5 day of May, 2003, at 6:30 p.m. in the Public RESOLUTION ADOPTING Library Auditorium, 360 West 11 Street, PLANS AND SPECIFICATIONS Dubuque, Dubuque County, Iowa to consider nd the proposal for the sale of real estate described Whereas, on the 2 day of April, 2003, plans, as: specifications, form of contract and estimated Lots N, O, P, Q, R, S, T, U, and V of Dubuque cost were filed with the City Clerk of Dubuque, Harbor Improvement Company Addition in the Iowa for the Bonson Road Watermain Extension City of Dubuque, Dubuque County, Iowa Project. Whereas, the City Council of the City of Whereas, notice of hearing on plans, Dubuque, Iowa overruled any and all objections, specifications, form of contract, and estimated oral or written to the proposal to sell such real cost was published as required by law. estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED 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: That the said plans, specifications, form of Section 1. That the sale of City of Dubuque contract and estimated cost are hereby real property described as Lots N, O, P, Q, R, S, approved as the plans, specifications, form of T, U, and V of Dubuque Harbor Improvement contract and estimated cost for said Company Addition in the City of Dubuque, improvements for said project. th Dubuque County, Iowa, to Dubuque Initiatives Passed, adopted and approved this 5 day of be and the same is hereby approved. May, 2003. Conveyance shall be by Quit Claim Deed. 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 Cline moved adoption of the Resolution. ingress and egress thereto, for the purpose of Seconded by Nicholson. Motion carried 7-0. erecting, installing, constructing, reconstructing, RESOLUTION NO. 151-03 repairing, owning, operating, and maintaining AWARDING CONTRACT water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as Whereas, sealed proposals have been may be authorized by the City of Dubuque, submitted by contractors for the Bonson Road Iowa. This temporary easement will terminate Watermain Extension Project pursuant to upon the replatting and relocation of said Resolution No. 112-03 and notice to bidders utilities. published in a newspaper published in the City th Section 3. That the Mayor be authorized and of Dubuque, Iowa on the 11 day of April, 2003. directed to execute a Quit Claim Deed, and the Whereas, said sealed proposals were opened th City Clerk be and is hereby authorized and and read on the 24 day of April, 2003, and it directed to deliver said deed of conveyance to has been determined that the bid of McDermott Dubuque Initiatives. Excavating of Dubuque, Iowa, in the amount of Section 4. That the City Clerk be and is hereby $21,475.55 was the lowest bid for the authorized and directed to record a certified furnishings of all labor and materials and copy of this resolution in the offices of the City performing the work as provided for in the plans Assessor, Dubuque County Recorder and and specifications. Dubuque County Auditor. NOW THEREFORE, BE IT RESOLVED BY th Passed, approved and adopted this 5 day of THE CITY COUNCIL OF THE CITY OF May, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor That the contract for the above improvement Attest: Jeanne F. Schneider, CMC, City Clerk be awarded to McDermott Excavating and the Nicholson 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. Bonson Road Watermain – Award: Proofs of BE IT FURTHER RESOLVED: publication on notice of hearing on plans and That upon the signing of said contract and the specifications and notice to bidders on the approval of the contractor’s bond, the City receipt of bids, and City Manager recommending Treasurer is authorized and instructed to return award of the contract for the Bonson Road the bid deposits of the unsuccessful bidders. th Watermain Extension Project to McDermott Passed, approved and adopted this 5 day of Excavating, presented and read. Cline moved May, 2003. that the proofs and communication be received Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, May 5, 2003 139 Cline moved adoption of the Resolution. Department of Transportation, and the Manager Seconded by Nicholson. Motion carried 7-0. be and is hereby directed to execute a contract on behalf of the City of Dubuque for the Locust Street Connector Reconstruction complete performance of the work. Project: Proofs of publication on notice of BE IT FURTHER RESOLVED: hearing on plans and specifications and notice That upon the signing of said contract and the to bidders on the receipt of bids, and City approval of the contractor’s bond, the City Manager recommending award of the contract Treasurer is authorized and instructed to return for the Locust Street Connector Reconstruction the bid deposits of the unsuccessful bidders. th Project to Portzen Construction, Inc., presented Passed, approved and adopted this 5 day of and read. Cline moved that the proofs and May, 2003. communication be received and filed. Seconded Terrance M. Duggan, Mayor by Connors. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 152-03 Seconded by Connors. Motion carried 7-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Buol moved to reinstate the rules limiting nd Whereas, on the 2 day of April, 2003, plans, discussion to the Council. Seconded by specifications, form of contract and estimated Connors. Motion carried 7-0. cost were filed with the City Clerk of Dubuque, ACTION ITEMS Iowa for the Locust Street Connector Reconstruction Project. Whereas, notice of hearing on plans, Dubuque Girls Independent League: Request specifications, form of contract, and estimated of Jill Reimer, Co-Chair of the Grand Opening of cost was published as required by law. the Dubuque Girls Independent League, to NOW THEREFORE, BE IT RESOLVED BY extend personal invitation to Council Members THE CITY COUNCIL OF THE CITY OF to the Grand Opening Ceremonies on Saturday, DUBUQUE, IOWA: May 17, 2003, presented and read. That the said plans, specifications, form of Samantha Reimer spoke inviting the Council contract and estimated cost are hereby Members to the Grand Opening. approved as the plans, specifications, form of Cline moved that the communication be contract and estimated cost for said received and filed. Seconded by Michalski. improvements for said project. Motion carried 7-0. th Passed, adopted and approved this 5 day of May, 2003. Penalties for Tobacco Permit Holder Terrance M. Duggan, Mayor (Rescheduled from April 7, 2003 Meeting at Attest: Jeanne F. Schneider, CMC, City Clerk Request of Attorney Art Gilloon): Police Chief Cline moved adoption of the Resolution. recommending the assessment of a civil penalty Seconded by Connors. Motion carried 7-0. against one tobacco permit holder; communication from Art Gilloon regarding the RESOLUTION NO. 153-03 second offense tobacco sale involving Kwik AWARDING CONTRACT Stop, and communication from Art Gilloon Whereas, sealed proposals have been advising that his client had chosen the $1500 submitted by contractors for the Locust Street civil penalty versus the 30-day suspension, Connector Reconstruction Project pursuant to presented and read. Markham moved that the Resolution No. 109-03 and notice to bidders communications be received and filed and published in a newspaper published in the City approved the assessment of the penalty. th of Dubuque, Iowa on the 11 day of April, 2003. Seconded by Nicholson. Motion carried 7-0. Whereas, said sealed proposals were opened th and read on the 24 day of April, 2003, and it Colt’s Drum and Bugle Corp – Demolition has been determined that the bid of Portzen Request: Communication of Historic Preserv- Construction, Inc. of Dubuque, Iowa, in the ation Commission recommending denial of the amount of $56,920.20 was the lowest bid for the request of the Colt’s Drum and Bugle Corps to furnishings of all labor and materials and demolish property located at 1112 – 1114 performing the work as provided for in the plans Central Avenue to construct a parking lot and and specifications. communication of Michael J. Visintin regarding NOW THEREFORE, BE IT RESOLVED BY the request to demolish property at 1112 – 1114 THE CITY COUNCIL OF THE CITY OF Central Avenue, presented and read. DUBUQUE, IOWA: Greg Orwoll, Executive Director of the Colts, That the contract for the above improvement spoke in favor of demolishing the building. be awarded to Portzen Construction, Inc., subject to the concurrence by the Iowa 140 Regular Session, May 5, 2003 RESOLUTION NO. 154-03 Chris Wand, Chair of the Historic Preservation A RESOLUTION AUTHORIZING THE FILING Commission, spoke clarifying the Commission’s OF A COMMUNITY ECONOMIC BETTER- position as to their denial. MENT ACCOUNT (CEBA)APPLICATION ON Michael Visintin, owner of the building, spoke BEHALF OF BARNSTEAD INTERNATIONAL giving a history of the losses incurred as an apartment house. Whereas, Barnstead International has Buol moved to receive and file the proposed the expansion of its existing communications and grant the demolition permit. operations; and Seconded by Cline. Carried by the following Whereas, the City Council of Dubuque, Iowa vote: Yeas—Buol, Cline, Connors, Duggan, has considered said proposal and has Markham, Nicholson. Nays—Michalski. determined that the proposed project will contribute to the local economy through the Royal Oaks Development – Rezoning Request creation of over 20 new jobs for area residents; (Second Reading): Communication of Victoria and A.A. VonHein–Mott regarding the rezoning of Whereas, the Iowa Department of Economic property located at the end of Rhomberg Development's Community Economic Avenue; communication from Kevin Koch urging Betterment Account (CEBA) was designed to the Council to reconsider its majority support for assist in the economic development efforts of the condominium proposal along the Mississippi local jurisdictions; and River; and communication of Corporation Whereas, the City of Dubuque, Iowa is eligible Counsel Barry Lindahl regarding an to apply for funding from the Community Indemnification Agreement to be added to the Economic Betterment Account program; Ordinance, presented and read. NOW, THEREFORE, BE IT RESOLVED BY An Ordinance Amending Appendix A (the THE CITY COUNCIL OF THE CITY OF Zoning Ordinance) of the City of Dubuque Code DUBUQUE, IOWA: of Ordinances by reclassifying hereinafter Section 1. That the filing of an application for described property located at 2800 Rhomberg participation in the Iowa Community Economic Avenue from CR Commercial Recreation District Betterment Account program on behalf of to PUD Planned Unit Development District with Barnstead International is approved. a PR Planned Residential District designation Section 2. That the local match as identified in and adopting a Conceptual Development Plan the application is hereby approved, subject to with conditions, presented and read. Buol the CEBA application approval. moved that the Indemnification Agreement be Section 3. That the Mayor is hereby authorized added to the Ordinance, that the requirement to execute, and the City Manager is hereby that a proposed Ordinance be considered and directed to submit said application to the State of voted on for passage at two Council Meetings Iowa Economic Development Commission prior to the meeting at which it is to be finally together with such documents as may be passed be suspended and further moved final required. th consideration and passage of the Ordinance. Passed, approved, and adopted this 5 day of Seconded by Markham. Motion failed due to the May, 2003. following vote: Yeas—Buol, Duggan, Markham, Terrance M. Duggan, Mayor Nicholson. Nays—Cline, Connors, Michalski. Attest: Jeanne F. Schneider, City Clerk Buol then moved that this be considered the Buol moved adoption of the Resolution. second reading of the Ordinance, as amended Seconded by Michalski. Motion carried 7-0. to include the Indemnification Agreement. Seconded by Markham. Carried by the following U.S. Army Corps of Engineers: vote: Yeas—Buol, Duggan, Markham, Communication of City Manager to Neal Nicholson. Nays—Cline, Connors, Michalski. Johnson, U.S. Army Corps of Engineers, regarding concerns raised during a conference Barnstead International – Community call regarding how the City of Dubuque defines Economic Betterment Account (CEBA) “reasonably foreseeable” as it relates to the Application: City Manager recommending Southwest Arterial, presented and read. approval of the submittal of a Community Markham moved that the communication be Economic Development Account (CEBA) received and filed. Seconded by Buol. Motion application to the Iowa Department of Economic carried 7-0. Development on behalf of Barnstead International to assist with a proposed Transit Alternatives Analysis Purpose and expansion, presented and read. Buol moved Needs Statement: City Manager requesting that the communication be received and filed. additional input from the Mayor and City Council Seconded by Michalski. Motion carried 7-0. on the Dubuque Downtown Transit Alternatives Analysis Study, presented and read. Michalski moved that the communication be received and Regular Session, May 5, 2003 141 filed. Seconded by Nicholson. Motion carried 7- 0. Council requested that a work session be held when the study is finalized. There being no further business Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:36 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 5/14 Approved:__________________________2003 Adopted:___________________________2003 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk 142 Special Session, May 8, 2003 described property from CR commercial Recreation District to PUD Planned Unit DUBUQUE Development District with a PR Planned CITY COUNCIL Residential District designation and adopting a OFFICIAL conceptual development plan, a copy of which is PROCEEDINGS attached to and made a part hereof, with conditions as stated below, to wit: Tollbridge Place, and to the centerline of the City Council, Special Session, May 8, 2003 adjoining public right-of-way, all in the City of Council met in special session at 5:00 p.m. at Dubuque, Iowa. City Hall – Conference Room B Section 2. Pursuant to Iowa Code Section Present: Mayor Duggan, Council Members 414.5 (2001), and as an express condition of the Buol, Cline, Connors, Markham, Michalski, reclassification, the undersigned property owner Nicholson; City Manager Van Milligen; agrees to the following conditions, all of which Corporation Counsel Lindahl the property owner further agrees are reasonable and imposed to satisfy the public Mayor Duggan read the call and stated this is needs that are caused directly by the zoning a special session of the City Council called for reclassification: the purpose of conducting the third reading of A. Use Regulations. the Royal Oaks Development rezoning request. The following regulations shall apply to all uses made of land in the above-described PUD Royal Oaks Development – Rezoning Request District: (Third Reading): Communication of Dan 1) Principal permitted uses shall be limited to McLaughlin regarding the rezoning of property 65 condominium units and a community center. located at the end of Rhomberg Avenue and 2) Accessory uses shall include any use petition from S.A. Sutton in opposition to the customarily incidental and subordinate to the rezoning, upon motion received and filed. principal use it serves. B. Lot and Bulk Regulations. Michalski moved to postpone the third reading Development of land in the PUD District shall be of the Royal Oaks Development Rezoning regulated as follows: Request to May 19, 2003. Motion died for lack 1) The proposed condominium development of a second. shall be constructed in substantial compliance with the attached conceptual development plan. An Ordinance Amending Appendix A (the 2) Maximum building height shall be limited to Zoning Ordinance) of the City of Dubuque Code 740 feet above mean sea level. of Ordinances by reclassifying hereinafter C. Performance Standards. described property located at 2800 Rhomberg The development and maintenance of uses in Avenue from CR Commercial Recreation District this PUD District shall be established in to PUD Planned Unit Development District with conformance with Section 3-5.5 of the Zoning a PR Planned Residential District designation Ordinance and the following standards: and adopting a Conceptual Development Plan 1) The property owner shall be responsible for with conditions, presented and read. securing all required state and federal permits and in compliance with regulations pertaining to OFFICIAL PUBLICATION ORDINANCE NO. 37-03 the environment and Endangered Species Act. AN ORDINANCE AMENDING APPENDIX A 2) Adequate erosion control shall be provided (THE ZONING ORDINANCE) OF THE CITY OF during all phases of construction. DUBUQUE CODE OF ORDINANCES BY 3) Off-street parking shall be provided as RECLASSIFYING HEREINAFTER DESCRI-shown on the approved conceptual plan. 4) Storm water control facilities will be installed BED PROPERTY LOCATED AT 2800 as per City Engineering requirements. RHOMBERG AVENUE FROM CR COM- 5) Final site development plans shall be MERCIAL RECREATION DISTRICT TO PUD submitted in accordance with Section 4-4 of the PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL Zoning Ordinance prior to construction of any DISTRICT DESIGNATION AND ADOPTING A buildings. CONCEPTUAL DEVELOPMENT PLAN WITH D. Open Space and Recreational Areas CONDITIONS. Open space and landscaping in the PUD District shall be regulated as follows: NOW, THEREFORE, BE IT ORDAINED BY Those areas not designated on the conceptual THE CITY COUNCIL OF THE CITY OF development plan shall be maintained as open DUBUQUE, IOWA: space, as defined by Section 8 of the Zoning Section 1. Appendix A (the Zoning Ordinance) Ordinance by the property owner and/or of the City of Dubuque Code of Ordinances is association. hereby amended by reclassifying the hereinafter Special Session, May 8, 2003 143 E. Sign Regulations. /s/Terrance M. Duggan, Mayor Signs in the PUD District shall be regulated in Attest: Jeanne F. Schneider, CMC, City Clerk accordance with the R-3 sign regulations of the ACCEPTANCE OF ORDINANCE NO. 37-03 Zoning Ordinance. I, A.J. Spiegel, property owner, having read F. Indemnification Agreement. the terms and conditions of the foregoing So long as any habitable structure exists on the Ordinance No. 37-03 and being familiar with the property, Royal Oaks Development Corporation conditions thereof, hereby accept the same and (“Royal Oaks”) agrees to defend, indemnify and agree to the conditions required therein. th hold harmless the City of Dubuque, its officers Dated this 8 day of May, 2003. and employees, from and against any and all /s/ A. J. Spiegel claims of negligence of the City arising out of or Published officially in the Telegraph Herald the th related to rocks or other natural objects, falling 14 day of May, 2003. or being caused to fall from the bluff or park area /s/Jeanne F. Schneider, CMC, City Clerk owned by the City above or behind the 1t 5/14 condominium project. Such claims include, but Buol moved final consideration and passage of are not limited to, claims by Royal Oaks’ the ordinance. Seconded by Nicholson. Carried employees, agents and tenants, residents of the by the following vote: Yeas—Buol, Duggan, condominium units, and their invitees and Markham, Nicholson. Nays—Cline, Connors, guests. Royal Oaks’ obligations hereunder may Michalski. be assumed by an association of condominium owners without the necessity of the City’s There being no further business, Nicholson consent, but with the City’s approval of the form moved to adjourn. Seconded by Markham. of assumption agreement, which approval will Motion carried 7-0. The meeting adjourned at not be reasonably withheld. Upon such 5:16 p.m. assumption, Royal Oaks shall be relieved of any further obligation hereunder. This Agreement /s/ Jeanne F. Schneider, CMC shall be binding upon Royal Oaks and its City Clerk successors and assigns. 1t 5/14 G. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease Approved:__________________________2003 agreement a provision that the purchaser or lessee acknowledges awareness of the Adopted:___________________________2003 conditions authorizing the establishment of the district. H. Reclassification of Subject Property. ______________________________________ The City of Dubuque, Iowa, may initiate zoning Mayor reclassification proceedings to CR Commercial Recreation District in accordance with Section 6 ______________________________________ of the Zoning Ordinance if the property owner fails to complete or maintain any of the ______________________________________ conditions of this ordinance. I. Modifications. ______________________________________ Any modifications of this Ordinance must be approved by the City Council in accordance with ______________________________________ zoning reclassification proceedings of Section 6 of the Zoning Ordinance. ______________________________________ J. Recording. A copy of this ordinance shall be recorded at the ______________________________________ expense of the property owner(s) with the Council Members Dubuque County Recorder as a permanent record of the conditions accepted as part of this Attest: reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, ______________________________________ successors and assigns. City Clerk Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. th Passed, approved and adopted this 8day of May, 2003. 144 Regular Session, May 19, 2003 Department for investigation and report. DUBUQUE Seconded by Markham. Motion carried 7-0. CITY COUNCIL Corporation Counsel advising that the OFFICIAL following claim has been referred to Public Entity PROCEEDINGS Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: William Miller for City Council, Regular Session, May 19, 2003 property damage, 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 and concurred. Seconded by Markham. Motion carried 7-0. Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Corporation Counsel recommending that the Nicholson, City Manager Michael Van Milligen, claim of Jennifer Sheldon for seizure of property Corporation Counsel Barry Lindahl. be referred to the Dubuque County Clerk of Court; and the claim of Delmar M. Stevens for Mayor Duggan read the call and stated this is vehicle damage be referred to the Iowa a regular session of the City Council called for Department of Transportation, presented and the purpose of discussing such matters that may read. Buol moved that the communications be properly come before the City Council. received and filed and concurred. Seconded by Markham. Motion carried 7-0. Invocation was given by Father Craig Welbaum, Rector, St. John’s Episcopal Church Corporation Counsel recommending settlement of the claim of Melvin Leibold for Proclamations: Poppy Days (May 23 and 24, property damage and directing the Finance 2003) received by Shirley Strub Department to issue payment, presented and read. Buol moved that the communication be CONSENT ITEMS received and filed and concurred and Finance Director to issue payment. Seconded by Minutes and Reports Submitted: City Council Markham. Motion carried 7-0. of May 5 and 8; Electrical Board of May 5; Enterprise Zone Commission of May 7; Library Citizen Communications: Board of Trustees of March 27; Zoning Advisory Commission of April 2; Zoning Board of Communication of Donald Pfohl and Clarence Adjustment of April 24, presented and read. P. Pfohl requesting to acquire a portion of City- Buol moved that the minutes be received and owned property adjacent to 3501 Asbury Road, filed. Seconded by Markham. Motion carried 7- presented and read. Buol moved that the 0. communication be received and filed and referred to the City Manager. Seconded by Printed Council Proceedings for month of Markham. Motion carried 7-0. January, 2003, presented and read. Buol moved that the proceedings be approved as printed. Communication of Werner Hellmer requesting Seconded by Markham. Motion carried 7-0. information regarding whether the Rubloff Development Group, Inc. shopping mall (Asbury Proof of publication of Council Proceedings for Plaza) is in compliance with any and all April 21, 2003, presented and read. Buol moved requirements concerning installation of a water that the proof be received and filed. Seconded retention basin, presented and read. Buol by Markham. Motion carried 7-0. moved that the communication be received and filed and referred to the City Manager. Finance Director submitting the Financial Seconded by Connors. Motion carried 7-0. Reports for the month ending April 30, 2003, presented and read. Buol moved that the Federal Legislative Communications: communication be received and filed. Seconded Communication of City Manager to Senator by Markham. Motion carried 7-0. Charles Grassley thanking him for including $20 billion in his legislation to assist states with the Notice of Claims/Suits: Crestar Mortgage current economic downturn, presented and read. Corporation/Sun Trust (VA) vs. Kent J. Buol moved that the communication be received Blakeman and Housing Services Department; and filed. Seconded by Markham. Motion Becky Hanson for property damage; Miller carried 7-0. Logging, Inc. for property damage, presented and read. Buol moved that the claims and suits Communication of City Manager to be received and filed and referred to the Legal Congressman Jim Nussle requesting that he Regular Session, May 19, 2003 145 support Senator Grassley’s legislation, Department of Housing and Urban Development presented and read. Buol moved that the (HUD) for funds to renew the Family Self- communication be received and filed. Seconded Sufficiency Program (FSS) Coordinator position by Markham. Motion carried 7-0. and for a contract with ISU County Extension to provide homeownership counseling to FSS Communication of City Manager to Senator Program participants, presented and read. Buol Tom Harkin requesting that he support Senator moved that the communication be received and Grassley’s legislation, presented and read. Buol filed and approved recommendation. Seconded moved that the communication be received and by Markham. Motion carried 7-0. filed. Seconded by Markham. Motion carried 7- 0. Fiscal Year 2003 Annual Action Plan – Amendment #4: City Manager recommending State Legislative Communication: approval of proposed changes in the City's Communication of City Manager to local Community Development Block Grant (CDBG) legislators requesting their support of a proposal FY 2003 Annual Action Plan due to the being considered for the special session of the anticipated increase in program income, Iowa State Legislature that would help the City presented and read. Buol moved that the avoid $1.2 million in cuts to the Fiscal Year 2004 communication be received and filed. Seconded budget, presented and read. Buol moved that by Markham. Motion carried 7-0. the communication be received and filed. RESOLUTION NO. 155-03 Seconded by Markham. Motion carried 7-0. RESOLUTION APPROVING AMENDMENT 4 Draft letter from Thomas G. Bredeweg, TO THE FISCAL YEAR 2003 (PROGRAM Executive Director of the Iowa League of Cities, YEAR 2002) ANNUAL ACTION PLAN FOR to Governor Vilsack regarding several issues, COMMUNITY DEVELOPMENT BLOCK presented and read. Buol moved that the GRANT FUNDS. communication be received and filed. Seconded by Markham. Motion carried 7-0. Whereas, the City of Dubuque prepared and Copy of press release from the Senate filed an Annual Action Plan for Fiscal Year 2003; Democratic Leader on federal assistance to and cities, presented and read. Buol moved that the Whereas, the City of Dubuque now desires to communication be received and filed. Seconded amend said Annual Plan as per the attached by Markham. Motion carried 7-0. Exhibit A; and Copy of Des Moines Register article in which Whereas, said amendment is a substantial members of Republican Majority caution against amendment as provided in the City's Citizen counting on any federal help to cover cuts to Participation Plan and must therefore be local governments, presented and read. Buol approved by resolution of the City Council after moved that the communication be received and a public hearing by the Community Development filed. Seconded by Markham. Motion carried 7-Advisory Commission; and 0. Whereas, the City advertised a public comment period beginning March 24, 2003; and Jacobson’s Inc. Lease: Communication from Whereas, the Community Development Advisory John C. O’Connor, representing Jacobson’s Inc., Commission reviewed the proposed amendment requesting that the lease between Jacobson’s at a public hearing onApril 30 2003, and has Inc. and the City of Dubuque be extended voted to approve said amendment and to through September 14, 2005, presented and recommend approval by the City Council; and read. Buol moved that the communication be NOW THEREFORE, BE IT RESOLVED BY THE received and filed and approved CITY COUNCIL OF THE CITY OF DUBUQUE, recommendation. Seconded by Markham. IOWA: Motion carried 7-0. Section 1. That Amendment 4 to the Fiscal Year 2003 (Program Year 2002) Annual Action Dubuque Community Schools: Commu-Plan for the Community Development Block nication of Thomas Determan, Dubuque Grant Program hereto attached as Exhibit A is Community Schools, submitting the results of hereby approved. Sixth and Seventh Grade students’ work at the Section 3. That the City Manager is hereby Young Citizens’ Forum held on March 19, 2003, authorized and directed to submit a copy of this presented and read. Buol moved that the resolution to the U. S. Department of Housing communication be received and filed. Seconded and Urban Development. by Markham. Motion carried 7-0. Passed, approved and adopted this 19th day of May 2003. Family Self-Sufficiency and Homeownership Terrance M. Duggan, Mayor Program: City Manager recommending approval Attest: Jeanne F. Schneider, City Clerk of the submittal of an application to the U.S. 146 Regular Session, May 19, 2003 Buol moved adoption of the Resolution. programs in Fiscal Year 2004 as part of the Seconded by Markham. Motion carried 7-0. Uptown Recreation Program, presented and read. Buol moved that the communication be Mediacom 2002 Annual Report: received and filed and approved agreement. Communication from Julien D’Ancona, Director Seconded by Markham. Motion carried 7-0. of Accounting for Mediacom, submitting financial reports covering operational and financial Four Mounds Foundation for Summer Day conditions as of December 31, 2002, presented Camp Program – Fiscal Year 2003 Agreement: and read. Buol moved that the communication City Manager recommending approval of the be received and filed. Seconded by Markham. grant agreement with the Four Mounds Motion carried 7-0. Foundation to provide the summer day camp thth program from June 9 through June 30 as part Northeast Iowa School of Music for Uptown of the Uptown Recreation Program, presented Recreation Programs – Fiscal Year 2004 and read. Buol moved that the communication Agreement: City Manager recommending be received and filed and approved agreement. approval of the grant agreement with the Seconded by Markham. Motion carried 7-0. Northeast Iowa School of Music to provide music lessons in Fiscal year 2004 as part of the Four Mounds Foundation for Summer Day Uptown Recreation Program, presented and Camp Program – Fiscal Year 2004 Agreement: read. Buol moved that the communication be City Manager recommending approval of the received and filed and approved agreement. grant agreement with the Four Mounds Seconded by Markham. Motion carried 7-0. Foundation to provide the summer day camp program in Fiscal Year 2004 as part of the ISU Extension Services for Uptown Recreation Uptown Recreation Program, presented and Programs – Fiscal Year 2003 Agreement: City read. Buol moved that the communication be Manager recommending approval of the grant received and filed and approved agreement. agreement with the ISU Extension Services to Seconded by Markham. Motion carried 7-0. th provide summer programs from June 9 through thth June 30 as part of the Uptown Recreation Riverwalk 4 Addition – Final Plat: Zoning Program, presented and read. Buol moved that Advisory Commission recommending approval th the communication be received and filed and of the final plat of Riverwalk 4 Addition at East th approved agreement. Seconded by Markham. 5 and Bell Street as requested by the City of Motion carried 7-0. Dubuque, presented and read. Buol moved that the communication be received and filed. ISU Extension Services for Uptown Recreation Seconded by Markham. Motion carried 7-0. Programs – Fiscal Year 2004 Agreement: City RESOLUTION NO. 156-03 Manager recommending approval of the grant A RESOLUTION APPROVING THE FINAL agreement with the ISU Extension Services to TH PLAT OF RIVERWALK 4 ADDITION IN THE provide summer programs in Fiscal Year 2004 CITY OF DUBUQUE, IOWA. as part of the Uptown Recreation Program, presented and read. Buol moved that the Whereas, there has been filed with the City th communication be received and filed and Clerk a final plat of Riverwalk 4 Addition in the approved agreement. Seconded by Markham. City of Dubuque; and Motion carried 7-0. Whereas, upon said final plat appears a street to be known as Bell Street (Lot B) together with Dubuque Museum of Art for Uptown certain public utility, existing easements, which Recreation Programs – Fiscal Year 2003 the owners by said final plat have dedicated to Agreement: City Manager recommending the public forever; and approval of the grant agreement with the Whereas, said plat provides 0 feet of lot Dubuque Museum of Art to provide summer art frontage for Lot 1, where 50 feet of lot frontage thth programs from June 9 through June 30 as is required; and part of the Uptown Recreation Program, Whereas, said final plat has been reviewed by presented and read. Buol moved that the the Zoning Advisory Commission and had their communication be received and filed and approval endorsed thereon; and approved agreement. Seconded by Markham. Whereas, said final plat has been examined by Motion carried 7-0. the City Council and they find that it conforms to the statutes and ordinances relating to it. Dubuque Museum of Art for Uptown NOW THEREFORE, BE IT RESOLVED BY Recreation Programs – Fiscal Year 2004 THE CITY COUNCIL OF THE CITY OF Agreement: City Manager recommending DUBUQUE, IOWA: approval of the grant agreement with the Section 1. That the dedication of Bell Street Dubuque Museum of Art to provide summer art (Lot B) together with easements for public Regular Session, May 19, 2003 147 utilities and existing easements as they appear with 23 feet of lot frontage where 50 feet of lot upon said final plat, be and the same are hereby frontage is required. accepted, and Section 2. That the Final Plat is hereby Section 2. That Section 42-19(b) of the approved, and the Mayor and City Clerk are Subdivision Regulations is waived to allow Lot 1 hereby authorized and directed to endorse the with 0 feet of lot frontage when 50 feet of lot approval of the City of Dubuque, Iowa upon said frontage is required. Plat of Survey. th Section 3. That the final plat of Riverwalk 4 Passed, approved and adopted this 19th day Addition is hereby approved and the Mayor and of May 2003. City Clerk are hereby authorized and directed to Terrance M. Duggan, Mayor endorse the approval of the City of Dubuque, Attest: Jeanne F. Schneider, City Clerk Iowa, upon said final plat. Buol moved adoption of the Resolution. th Passed, approved and adopted this 19 day of Seconded by Markham. Motion carried 7-0. May 2003. Terrance M. Duggan, Mayor Dubuque Community School District – Major Attest: Jeanne F. Schneider, City Clerk Final Plat: Zoning Advisory Commission ACCEPTANCE OF RESOLUTION NO. 156-03 recommending approval of the major final plat of I, the undersigned, Terrance M. Duggan, Lot 1, Lot 2, Lot 16, Lot 17, westerly 50 feet of Mayor, City of Dubuque, having read the terms Lot 18, east 50 feet of Lot 18, and Lot 1A in and conditions of the Resolution No. 156-03 and Columbia Addition as requested by the Dubuque being familiar with the conditions thereof, hereby Community School District, presented and read. accept this same and agree to the conditions Buol moved that the communication be received required therein. and filed. Seconded by Markham. Motion th Dated in Dubuque, Iowa this 19 day of May carried 7-0. 2003. RESOLUTION NO. 158-03 Terrance M. Duggan, Mayor RESOLUTION APPROVING THE PLAT OF Buol moved adoption of the Resolution. BRYANT SCHOOL PLACE IN THE CITY OF Seconded by Markham. Motion carried 7-0. DUBUQUE, IOWA. Dubuque Storage and Transfer – Minor Final Whereas, there has been filed with the City Plat of Liebe’s Subdivision No. 3: Zoning Clerk a plat of survey of Bryant School Place in Advisory Commission recommending approval the City of Dubuque, Iowa; and of the minor final plat of Liebe’s Subdivision No. Whereas, upon said final plat appears a street 3 as requested by Dubuque Storage and known as Mt. Loretta Avenue (Lot A) which the Transfer/Patrick Tobin for property located at owners of said plat of survey have dedicated to 3040 Elm Street, presented and read. Buol the public forever; and moved that the communication be received and Whereas, said plat of survey has been filed. Seconded by Markham. Motion carried 7-reviewed by the Zoning Advisory Commission 0. and had their approval endorsed thereon, subject to the owners agreeing to the conditions RESOLUTION NO. 157-03 noted in Section 2 below; and RESOLUTION APPROVING THE FINAL PLAT Whereas, said plat of survey has been OF LIEBE’S SUBDIVISION NO. 3 IN THE CITY examined by the City Council and they find that OF DUBUQUE, IOWA. it conforms to the statutes and ordinances Whereas, there has been filed with the City relating thereto. Clerk a Final Plat of Liebe’s Subdivision No. 3 in NOW THEREFORE, BE IT RESOLVED BY the City of Dubuque, Iowa; and; THE CITY COUNCIL OF THE CITY OF Whereas, said plat provides Lot 5 with 23 feet DUBUQUE, IOWA: of lot frontage where 50 feet of lot frontage is Section 1. That the dedication of Mt. Loretta required; and Avenue (Lot A) as it appears upon said plat of Whereas, said Plat of Survey has been survey be and the same is hereby accepted; and examined by the Zoning Advisory Commission Section 2. That the plat of survey of Bryant and had its approval endorsed thereon; and School Place is hereby approved and the Mayor Whereas, said Plat of Survey has been and City Clerk are hereby authorized and examined by the City Council and they find that directed to endorse the approval of the City of it conforms to the statutes and ordinances Dubuque, Iowa upon said plat of survey, relating thereto. provided the owners of said property herein NOW THEREFORE, BE IT RESOLVED BY named, execute their written acceptance hereto THE CITY COUNCIL OF THE CITY OF attached agreeing: DUBUQUE, IOWA: a) To reduce Mt. Loretta Avenue to grade and to Section 1. That Section 42-19(b) of the hard surface with asphaltic concrete, in a Subdivision Regulations is waived to allow Lot 5 manner acceptable to the City Engineer, and in 148 Regular Session, May 19, 2003 conformance with construction improvement NOW THEREFORE, BE IT RESOLVED BY plans approved by the City Engineer, and THE CITY COUNCIL OF THE CITY OF inspected by the City Engineer. DUBUQUE, IOWA: b) To construct said improvements one (1) year Section 1. The Mayor hereby is authorized to from the date of acceptance of this resolution, at sign the grant agreement for Statewide the sole expense of the owners, or future Transportation Enhancement Funds with the owners. IDOT for the extension of Heritage Trail from the Section 3. That in the event the owners shall Heron Pond Wetlands Nature Trail to the fail to execute the acceptance within 180 days Dubuque Jaycees Trail on behalf of the City of after the date of this resolution, the provisions Dubuque. hereof shall be null and void and the acceptance Section 2. That the City of Dubuque agrees to of the dedication and approval or the plat shall adequately maintain the trail for its intended use not be effective. and maintain the total trail used to justify the Passed, approved and adopted this 19th day project in public use for a minimum of 20 years of May, 2003. following project completion. Terrance M. Duggan, Mayor Passed, approved and adopted this 19th day Attest: Jeanne F. Schneider, City Clerk of May 2003. ACCEPTANCE OF RESOLUTION NO. 158-03 Terrance M. Duggan, Mayor I, Steve Hodge, President, Dubuque Community Attest: Jeanne F. Schneider, City Clerk School District Board of Education, the Buol moved adoption of the Resolution. undersigned, having read the terms and Seconded by Markham. Motion carried 7-0. conditions of the Resolution No. 158-03 and being familiar with the conditions thereof, hereby Interstate Power Rate Case: City Manager accept this same and agree to the conditions submitting the conclusion of the Interstate Power required therein. Rate Case, presented and read. Buol moved Dated in Dubuque, Iowa this 30th day of May, that the communication be received and filed. 2003. Seconded by Markham. Motion carried 7-0. By /s/ Steve Hodge Buol moved adoption of the Resolution. Platinum Hospitality – Certificate of Seconded by Markham. Motion carried 7-0. Completion: City Manager recommending approval of a Certificate of Completion for Heritage Trail Extension Grant Agreement: Platinum Holdings, LLC, acknowledging City Manager recommending approval of a grant completion of its obligations to construct the agreement with the Iowa Department of minimum improvements as required in the Transportation for Statewide Transportation Development Agreement related to the Grand Enhancement Funds for the extension of Harbor Resort and Waterpark project, Heritage Trail from the Heron Pond Wetlands presented and read. Buol moved that the Trail to the Dubuque Jaycees Trail, presented communication be received and filed and and read. Buol moved that the communication approved recommendation. Seconded by be received and filed. Seconded by Markham. Markham. Motion carried 7-0. Motion carried 7-0. Annexation Study Update – Consultant RESOLUTION NO. 159-03 Recommendation: City Manager recommending RESOLUTION AUTHORIZING A GRANT approval of a contract with Veenstra & Kimm, AGREEMENT FOR IOWA DEPARTMENT OF Inc. to update the City’s Annexation Study, TRANSPORTATION STATEWIDE TRANS- presented and read. Buol moved that the PORTATION ENHANCEMENT FUNDS FOR communication be received and filed and THE HERITAGE TRAIL EXTENSION FROM approved recommendation. Seconded by THE HERON POND WETLANDS NATURE Markham. Motion carried 7-0. TRAIL TO THE DUBUQUE JAYCEES TRAIL Whereas, the Iowa Department of Ice Harbor Pump Replacement Project: City Transportation (IDOT) has awarded the City of Manager recommending acceptance of the Ice Dubuque Statewide Transportation Enhance-Harbor Pump Replacement Project in the final ment Funds to extend the Heritage Trail; and contract amount of $174,550.00, presented and Whereas, the City of Dubuque has adopted a read. Buol moved that the communication be Comprehensive Plan and a Riverfront Plan that received and filed. Seconded by Markham. includes goals for development of bike/hike Motion carried 7-0. trails; and RESOLUTION NO. 160-03 Whereas, the City of Dubuque has adopted ACCEPTING IMPROVEMENT the Heritage Trail Master Plan that includes the Heritage Trail Extension. Whereas, the contract for the Operations and Maintenance Department Ice Harbor Pump Regular Session, May 19, 2003 149 Replacement Project has been completed and requesting that Economic Development Director the City Manager has examined the work and Bill Baum be appointed as a proxy any time two filed his certificate stating that the same has Council Members or the City Manager are not in been completed according to the terms of the attendance at DMATS Policy Board meetings, contract, plans and specifications and presented and read. Buol moved that the recommends it acceptance. communication be received and filed and NOW THEREFORE, BE IT RESOLVED BY approved recommendation. Seconded by THE CITY COUNCIL OF THE CITY OF Markham. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the recommendation of the Business License Refund: Request of Liquor City Manager be approved and that said Depot of Dubuque for a refund of their Class C improvement be and the same is hereby Beer Permit in the amount of $150.00, accepted. presented and read. Buol moved that the BE IT FURTHER RESOLVED that the Finance communication be received and filed and Director be and he is hereby directed to pay to approved refund. Seconded by Markham. the contractor from the General Fund equal to Motion carried 7-0. the amount of this contract, less any retained percentage provided for therein. Business Licenses: Passed, approved and adopted this 19th day RESOLUTION NO. 162-03 of May, 2003. Terrance M. Duggan, Mayor Whereas, applications for Beer Permits have Attest: Jeanne F. Schneider, City Clerk been submitted and filed to this Council for Buol moved adoption of the Resolution. approval and the same have been examined Seconded by Markham. Motion carried 7-0. and approved: and Whereas, the premises to be occupied by such RESOLUTION NO. 161-03 applicants were inspected and found to comply FINAL ESTIMATE with the Ordinances of the City and have filed Whereas, the contract for the Operations and proper bonds. Maintenance Department Ice Harbor Pump NOW, THEREFORE, BE IT RESOLVED BY Replacement Project has been completed and THE CITY COUNCIL OF THE CITY OF the Operations and Maintenance Department DUBUQUE, IOWA: Manager has submitted his final estimate That the Manager be authorized to cause to be showing the cost thereof including the cost of issued the following named applicants a Beer estimates, notices and inspection and all Permit. miscellaneous costs; CLASS “C” BEER PERMIT NOW THEREFORE, BE IT RESOLVED BY Hy-Vee, Inc. Hy-Vee Food Store # 1+ THE CITY COUNCIL OF THE CITY OF (Sunday Sale) 3500 Dodge St DUBUQUE, IOWA: Casey’s Marketing Casey’s General Store Section 1. That the cost of said improvement is #2421+(Sunday Sale) 4003 Peru Rd hereby determined to be $174,550.00 and the Casey’s Marketing Casey’s General Store said amount shall be paid from the General #2420+(Sunday Sale) 2699 Rockdale Rd Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day Passed, approved and adopted this 19th day of May, 2003. of May, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 163-03 Historic Preservation Commission: Commu-Whereas, applications for Liquor Licenses nication from Christopher Wand, Chairperson of have been submitted to this Council for approval the Historic Preservation Commission, advising and the same have been examined and that Commission Member Chris Schoepner, approved; and representative from the Cathedral Historic Whereas, the premises to be occupied by such Preservation District, has decided not to reapply applicants were inspected and found to comply for a second term, presented and read. Buol with the State Laws and all City Ordinances moved that the communication be received and relevant thereto and they have filed proper filed. Seconded by Markham. Motion carried 7-bonds. 0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DMATS Policy Board: Communication of the DUBUQUE, IOWA: City Manager to the DMATS Policy Board 150 Regular Session, May 19, 2003 That the Manager be authorized to cause to be be and the same is hereby approved, and the issued the following named applicants a Liquor Mayor and City Clerk be and they are hereby License. authorized and directed to execute said plat for CLASS “A” (CLUB) LIQUOR LICENSE and on behalf of the City of Dubuque, Iowa. DBQ Golf & Country Club DBQ Golf & Country Section 2. The City of Dubuque reserves unto Clb+(Sunday/Outdoor Sale) 1800 Randall Pl itself a perpetual easement including the right of CLASS “C” BEER/LIQUOR LICENSE ingress and egress thereto, for the purpose of Cooper Management Co. Stonewall / Brick-erecting, installing, constructing, reconstructing, town/Blackwater Grill+(Sunday Sale) 299 Main repairing, owning, operating, and maintaining Clifford Enterprise Dempsey’s / Molly’s Pub sanitary sewer lines as may be authorized by th & Grub 395 W. 9 the City of Dubuque, Iowa, as shown on the Plat Joyce C Myatt Joyce’s Tugboat (Outdoor of Survey for Lots 21A and 22A of Centre Grove th Service) 1630 W. 16 in the City of Dubuque, Dubuque County, Iowa. Michael Kalmes Breaktime Bar & Grill(1 Day Section 3. That the City Clerk be and is hereby Outdoor Service 6-14-03) 1097 Jackson authorized and directed to file said plat and Clarke College Clarke College (1 Day certified copy of this resolution in the office of Outdoor Service 6-6-03) 1550 Clarke Dr the Recorder in and for Dubuque County, Iowa. Beverly Larsen Denny’s Lux Club + Passed, approved and adopted this 19th day (Sunday Sale) 3050 Asbury of May, 2003. SPECIAL CLASS “C” LIQUOR Terrance M. Duggan, Mayor Four Seasons Buffet Inc. Four Seasons Attest: Jeanne F. Schneider, CMC, City Clerk Buffet+(Sunday Sale) 3305 Asbury Michalski moved adoption of the Resolution. CLASS “B” WINE Seconded by Cline. Motion carried 7-0. Hy-Vee Inc. Hy-Vee Food Store # 1 3500 Dodge An Ordinance Vacating Railroad Street in th Passed, approved and adopted this 19 day of Centre Grove Addition, presented and read. May, 2003. ORDINANCE NO. 38-03 Terrance M. Duggan, Mayor ORDINANCE VACATING RAILROAD Attest: Jeanne F. Schneider, CMC, City Clerk STREET IN CENTRE GROVE Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Whereas, Flint Drake, representing the Estate of Edward J. Zalaznik, has requested the ITEMS TO BE SET FOR PUBLIC HEARING vacating of Railroad Street in Centre Grove; and Whereas, IIW Engineers & Surveyors, PC has Vacating Petition – Railroad Street in Centre prepared and submitted to the City Council a Grove Addition: City Manager recommending plat showing the vacated portion of Railroad that a public hearing be set for June 2, 2003 to Street in Centre Grove and assigned lot consider a request from Flint Drake, numbers thereto, which hereinafter shall be representing the estate of Edward J. Zalaznik, known and described as Lots 21A and 22A of for the vacating of Railroad Street in Centre Centre Grove in the City of Dubuque, Dubuque Grove Addition, presented and read. Michalski County, Iowa; and moved that the communication be received and Whereas, the City Council of the City of filed. Seconded by Cline. Motion carried 7-0. Dubuque, Iowa has determined that Railroad Street in Centre Grove is no longer required for RESOLUTION NO. 164-03 public use, except for utility easements as noted, RESOLUTION APPROVING PLAT OF and vacating of said portions of Railroad Street PROPOSED VACATED RAILROAD STREET in Centre Grove known as Lots 21A and 22A of IN CENTRE GROVE Centre Grove in the City of Dubuque, Dubuque Whereas, there has been presented to the City County, Iowa should be approved. Council of the City of Dubuque, Iowa, a plat NOW, THEREFORE, BE IT ORDAINED BY dated May 6, 2003, prepared by IIW Engineers THE CITY COUNCIL OF THE CITY OF & Surveyors, PC, describing the proposed DUBUQUE, IOWA: vacated portion of Railroad Street in Centre Section 1. That the real estate described as Grove; and Lots 21A and 22A of Centre Grove, in the City of Whereas, said plat conforms to the laws and Dubuque, Iowa, be and the same is hereby statutes pertaining thereto. vacated. NOW, THEREFORE, BE IT RESOLVED BY Section 2. The City of Dubuque reserves unto THE CITY COUNCIL OF THE CITY OF itself a perpetual easement including the right of DUBUQUE, IOWA: ingress and egress thereto, for the purpose of Section 1. That the plat dated May 6, 2003, erecting, installing, constructing, reconstructing, prepared by IIW Engineers & Surveyors, PC repairing, owning, operating, and maintaining relative to the real estate hereinabove described sanitary sewer lines as may be authorized by Regular Session, May 19, 2003 151 the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots 21A and 22A of Centre Grove of Survey of Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. in the City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and is hereby Passed, approved and adopted this 19th day authorized and directed to cause a notice of of May, 2003. intent to dispose of said real estate to be Terrance M. Duggan, Mayor published in the manner as prescribed by law. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 19 day of Published officially in the Telegraph Herald May, 2003. th newspaper this 26 day of May, 2003. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk 1t 5/26 Michalski moved adoption of the Resolution Michalski moved that the requirement that the and further set this for Public Hearing on June 2, proposed Ordinance be considered and voted 2003 at a meeting to commence at 6:30 P.M. in on for passage at two Council Meetings prior to the Public Library Auditorium and direct the City the meeting at which it is to be finally passed by Clerk to publish notice in the manner prescribed suspended and further moved final by law.. Seconded by Cline. Motion carried 7-0. consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West: City Manager RESOLUTION NO. 165-03 recommending that a public hearing be set for RESOLUTION OF INTENT TO DISPOSE OF June 2, 2003 to consider the disposition of Lots nd CITY INTEREST IN LOTS 21A AND 22A OF 7 and 8 in Dubuque Industrial Center West 2 CENTRE GROVE IN THE CITY OF DUBUQUE, Addition to Vessel Systems, Inc. for the purpose DUBUQUE COUNTY, IOWA of constructing a 31,000 square foot Whereas, Flint Drake, representing the Estate manufacturing facility and approval of a of Edward J. Zalaznik, has requested the Development Agreement with Vessel Systems, vacating of Railroad Street in Centre Grove; and Inc., presented and read. Michalski moved that Whereas, IIW Engineers & Surveyors, PC has the communication be received and filed. prepared and submitted to the City Council a Seconded by Cline. Motion carried 7-0. plat showing vacated Railroad Street in Centre RESOLUTION NO. 166-03 Grove and assigned lot numbers thereto, which RESOLUTION OF INTENT TO DISPOSE OF hereinafter shall be known and described as LOTS 7 AND 8 IN THE DUBUQUE Lots 21A and 22A of Centre Grove in the City of ND INDUSTRIAL CENTER WEST 2 ADDITION Dubuque, Dubuque County, Iowa; and BY SALE TO VESSEL SYSTEMS, INC. Whereas, the City Council of the City of Dubuque, Iowa has determined that this WHEREAS, the City of Dubuque, Iowa (City) is Railroad Street in Centre Grove is no longer the owner of Lots 7 and 8 in the Dubuque nd required for public use, except for utility Industrial Center West 2 Addition (the easements as noted, and vacating and sale of Property), as shown on the Exhibit attached said portions of alleys and streets known as Lots hereto consisting of approximately 5 acres, more 21A and 22A of Centre Grove in the City of or less; and Dubuque, Dubuque County, Iowa should be WHEREAS, City and Vessel Systems, Inc. approved. have entered into a Development Agreement, NOW, THEREFORE, BE IT RESOLVED BY subject to the approval of the City Council, a THE CITY COUNCIL OF THE CITY OF copy of which is on file at the Office of the City th DUBUQUE, IOWA: Clerk, City Hall, 50 W. 13 Street, Dubuque, Section 1. That the City of Dubuque intends to Iowa pursuant to which City will sell the Property dispose of its interest in Lots 21A and 22A of to Vessel Systems, Inc.; and Centre Grove in the City of Dubuque, Iowa. WHEREAS, the City Council has tentatively Section 2. That the conveyance of Lots 21A determined that it would be in the best interests and 22A of Centre Grove in the City of Dubuque, of the City to approve the Development Iowa to the Edward J. Zalaznik Trust dated June Agreement, including conveyance of the 15, 1999, be contingent upon the payment of Property to Vessel Systems, Inc. platting, publication and filing fees. NOW, THEREFORE, BE IT RESOLVED BY Section 3. The City of Dubuque reserves unto THE CITY COUNCIL OF THE CITY OF itself a perpetual easement including the right of DUBUQUE, IOWA: ingress and egress thereto, for the purpose of Section 1. The City of Dubuque intends to erecting, installing, constructing, reconstructing, dispose of its interest in the foregoing-described repairing, owning, operating, and maintaining Property to Vessel Systems, Inc. sanitary sewer lines as may be authorized by Section 2. The City Clerk is hereby authorized the City of Dubuque, Iowa, as shown on the Plat and directed to cause this Resolution and a notice to be published as prescribed by Iowa 152 Regular Session, May 19, 2003 Code Section 364.7 of a public hearing on City’s persons may appear and be heard for or against intent to dispose of the foregoing-described the proposed plans and specifications, form of Property, to be held on the 2nd day of June contract and cost of said improvement, and the 2003 at 6:30 p.m. at the Carnegie-Stout Public City Clerk be and is hereby directed to cause a th Library Auditorium, 360 W. 11 Street, notice of time and place of such hearing to be Dubuque, Iowa. published in a newspaper having general th Passed, approved and adopted this 19 day of circulation in the City of Dubuque, Iowa, which May 2003. notice shall be not less than four days nor more Terrance M. Duggan, Mayor than twenty days prior to the day fixed for its Attest: Jeanne F. Schneider, City Clerk consideration. At the hearing, any interested Michalski moved adoption of the Resolution person may appear and file objections to the and further set this for Public Hearing on June 2, proposed plans, specifications, contract, or 2003 at a meeting to commence at 6:30 P.M. in estimated cost of the improvement. th the Public Library Auditorium and direct the City Passed, adopted and approved this 19 day of Clerk to publish notice in the manner prescribed May, 2003. by law. Seconded by Cline. Motion carried 7-0 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Recognition Wall – Initiate: Michalski moved adoption of the Resolution City Manager recommending initiation of the setting date of hearing on the plans and public bidding process for the Port of Dubuque specifications for June 16, 2003 at a meeting to Recognition Wall Project and that a public commence at 6:30 P.M. in the Public Library hearing be set for June 16, 2003, presented and Auditorium and that the City Clerk publish notice read. Michalski moved that the communication in the manner prescribed by law,. Seconded by be received and filed. Seconded by Cline. Cline. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 169-03 RESOLUTION NO. 167-03 ORDERING BIDS PRELIMINARY APPROVAL OF NOW THEREFORE, BE IT RESOLVED BY PLANS AND SPECIFICATIONS THE COUNCIL OF THE CITY OF DUBUQUE, NOW THEREFORE, BE IT RESOLVED BY IOWA: THE CITY COUNCIL OF THE CITY OF That the Port of Dubuque Sign, Landscaping, DUBUQUE, IOWA: and Recognition Wall Project is hereby ordered That the proposed plans, specifications, form to be advertised for bids for construction. of contract and estimated cost for the Port of BE IT FURTHER RESOLVED, that the amount Dubuque Sign, Landscaping, and Recognition of the security to accompany each bid shall be in Wall Project, in the estimated amount an amount which shall conform to the provisions $239,902.71 are hereby approved and ordered of the Notice to Bidders hereby approved as a filed in the office of the City Clerk for public part of the plans and specifications heretofore inspection. adopted. th Passed, adopted and approved this 19 day of That the City Clerk is hereby directed to May, 2003. advertise for bids for the construction of the Terrance M. Duggan, Mayor improvements herein provided, to be published Attest: Jeanne F. Schneider, CMC, City Clerk in a newspaper having general circulation in the Michalski moved adoption of the Resolution. City of Dubuque, Iowa, which notice shall not be Seconded by Cline. Motion carried 7-0. less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on th RESOLUTION NO. 168-03 the 5 day of June, 2003. Bids shall be opened FIXING DATE OF HEARING and read by the City Clerk at said time and will ON PLANS AND SPECIFICATIONS be submitted to the Council for final action at th Whereas, the City Council of the City of 6:30 p.m. on the 16 day of June, 2003. th Dubuque, Iowa has given its preliminary Passed, adopted and approved this 19 day of approval on the proposed plans, specifications, May, 2003. and form of contract and placed same on file in Terrance M. Duggan, Mayor the office of the City Clerk for public inspection Attest: Jeanne F. Schneider, CMC, City Clerk of the Port of Dubuque Sign, Landscaping, and Michalski moved adoption of the Resolution. Recognition Wall Project. Seconded by Cline. Motion carried 7-0 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF West Locust Street Manhole Replacement DUBUQUE, IOWA: Project – Initiate: City Manager recommending th That a public hearing will be held on the 16 initiation of the public bidding process for the day of June, 2003, at 6:30 p.m. in the Public West Locust Street Manhole Replacement Library Auditorium at which time interested Project and that a public hearing be set for June Regular Session, May 19, 2003 153 16, 2003, presented and read. Michalski moved in the manner prescribed by law,. Seconded by that the communication be received and filed. Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 172-03 RESOLUTION NO. 170-03 ORDERING BIDS PRELIMINARY APPROVAL OF NOW THEREFORE, BE IT RESOLVED BY PLANS AND SPECIFICATIONS THE COUNCIL OF THE CITY OF DUBUQUE, NOW THEREFORE, BE IT RESOLVED BY IOWA: THE CITY COUNCIL OF THE CITY OF That the West Locust Street Manhole DUBUQUE, IOWA: Reconstruction Project FY2003 is hereby That the proposed plans, specifications, form ordered to be advertised for bids for of contract and estimated cost for the West construction. Locust Street Manhole Reconstruction Project BE IT FURTHER RESOLVED, that the amount FY2003, in the estimated amount of of the security to accompany each bid shall be in $162,295.00 are hereby approved and ordered an amount which shall conform to the provisions filed in the office of the City Clerk for public of the notice to bidders hereby approved as a inspection. part of the plans and specifications heretofore th Passed, adopted and approved this 19 day of adopted. May, 2003. That the City Clerk is hereby directed to Terrance M. Duggan, Mayor advertise for bids for the construction of the Attest: Jeanne F. Schneider, CMC, City Clerk improvements herein provided, to be published Michalski moved adoption of the Resolution. in a newspaper having general circulation in the Seconded by Cline. Motion carried 7-0. City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days RESOLUTION NO. 171-03 prior to the receipt of said bids at 2:00 p.m. on th FIXING DATE OF HEARING the 5 day of June, 2003. Bids shall be opened ON PLANS AND SPECIFICATONS and read by the City Clerk at said time and will Whereas, the City Council of the City of be submitted to the Council for final action at th Dubuque, Iowa has given its preliminary 7:00 p.m. on the 16 day of June, 2003. th approval on the proposed plans, specifications, Passed, adopted and approved this 19 day of and form of contract and placed same on file in May, 2003. the office of the City Clerk for public inspection Terrance M. Duggan, Mayor of the W. Locust Street Manhole Reconstruction Attest: Jeanne F. Schneider, CMC, City Clerk Project – FY2003. Michalski moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF PUBLIC HEARINGS DUBUQUE, IOWA: That on the 16th day of June, 2003, a public hearing will be held at 7:00 p.m. in the Public Michalski moved that the rules be suspended Library Auditorium, at which time interested to allow anyone present to speak. Seconded by persons may appear and be heard for or against Cline. Motion carried 7-0. the proposed plans and specifications, form of contract and cost of said improvement, and the QHQ Properties – Request to Rezone: City Clerk be and is hereby directed to cause a Communication from Kenneth L. Buesing, on notice of time and place of such hearing to be behalf of QHQ Properties, requesting that this published in a newspaper having general item be tabled to the June 2, 2003 meeting; circulation in the City of Dubuque, Iowa, which Proof of publication on notice of hearing to notice shall be not less than four days nor more consider rezoning property located south of than twenty days prior to the day fixed for its Holliday Drive, west of the Northwest Arterial, consideration. At the hearing, any interested from AG Agricultural District to C-3 General person may appear and file objections to the Commercial zoning district at the request of proposed plans, specifications, contract, or QHQ Properties and Zoning Advisory estimated cost of the improvement. Commission recommending approval, with th Passed, adopted and approved this 19 day of conditions, and an Ordinance Amending May, 2003. Appendix A (the Zoning Ordinance) of the City of Terrance M. Duggan, Mayor Dubuque Code of Ordinances by reclassifying Attest: Jeanne F. Schneider, CMC, City Clerk hereinafter described property located south of Michalski moved adoption of the Resolution Holliday Drive, west of the Northwest Arterial, setting date of hearing on the plans and from AG Agricultural District to C-3 General specifications for June 16, 2003 at a meeting to Commercial zoning district, with conditions, commence at 6:30 P.M. in the Public Library presented and read. Markham moved that this Auditorium and that the City Clerk publish notice item be tabled to the meeting of June 2, 2003. 154 Regular Session, May 19, 2003 Seconded by Michalski. Motion carried 6-0, with Attest: /s/Jeanne F. Schneider, CMC, City Clerk Mayor Duggan abstaining due to possible Published officially in the Telegraph Herald the th conflict of interest. 26 day of May, 2003. /s/Jeanne F. Schneider, CMC, City Clerk 3280 Pennsylvania Avenue – Request to 1t 5/26 Rezone: Proof of publication on notice of Markham moved that the requirement that the hearing to consider rezoning property located at proposed Ordinance be considered and voted 3280 Pennsylvania Avenue from R-1 Single-on for passage at two Council Meetings prior to Family Residential District to C-2 Neighborhood the meeting at which it is to be finally passed be Shopping Center District at the request of Steve suspended and further moved final and Judy Selchert and Zoning Advisory consideration and passage of the Ordinance. Commission recommending approval, presented Seconded by Buol. Motion carried 7-0. and read. Markham moved that the proof and communication be received and filed. Seconded Kennedy Mall, Ltd – 555 John F. Kennedy by Buol. Motion carried 7-0. Road – Amend PUD: Proof of publication on Steve Selchert, Steve’s Ace Hardware, spoke notice of hearing to consider amending the in support of the rezoning. Planned Unit Development District for property Loren Zihlke, 3266 Kensington Place; Mary located at 555 John F. Kennedy Road to add a Ehlert of 3278 Kensington Place; and Darlene 30,008 square foot detached retail store (Best Hogan of 3277 Kensington Place spoke in Buy) at the southeast corner of the mall site at opposition to the rezoning citing increased traffic the request of Kennedy Mall, Ltd. / David M. and flooding problems in the area. DeChristofaro and Zoning Advisory Commission An Ordinance Amending Appendix A (the recommending approval, presented and read. Zoning Ordinance) of the City of Dubuque Code Buol moved that the proof and communications of Ordinances by reclassifying hereinafter be received and filed. Seconded by Markham. described property located at 3280 Motion carried 7-0. Pennsylvania Avenue from R-1 Single-Family Mike Coyle, 200 Security Building, spoke in Residential District to C-2 Neighborhood support of the amendment to the Planned Unit Shopping Center District, presented and read. Development District on behalf of the Cafaro Company. OFFICIAL PUBLICATION An Ordinance Amending Appendix A (the ORDINANCE NO. 39-03 Zoning Ordinance) of the City of Dubuque Code AN ORDINANCE AMENDING APPENDIX A of Ordinances by providing for the amendment (THE ZONING ORDINANCE) OF THE CITY OF of the Kennedy Mall PUD Planned Unit DUBUQUE CODE OF ORDINANCES BY Development with a PC Planned Commercial RECLASSIFYING HEREINAFTER DESCRI- Designation and adopting an amended BED PROPERTY LOCATED AT 3280 Conceptual Development Plan, presented and PENNYSLVANIA AVENUE FROM R-1 read. SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER.OFFICIAL PUBLICATION ORDINANCE NO. 40-03 NOW, THEREFORE, BE IT ORDAINED BY AN ORDINANCE AMENDING APPENDIX A THE CITY COUNCIL OF THE CITY OF (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE, IOWA: DUBUQUE CODE OF ORDINANCES BY Section 1. That Appendix A (The Zoning PROVIDING FOR THE AMENDMENT OF THE Ordinance) of the City of Dubuque Code of KENNEDY MALL PUD PLANNED UNIT Ordinances is hereby amended by reclassifying DEVELOPMENT WITH A PC PLANNED the hereinafter-described property from R-1 COMMERCIAL DESIGNATION AND ADOPT- Single-Family Residential District to C-2 ING AN AMENDED CONCEPTUAL DEVELOP- Neighborhood Shopping Center District as MENT PLAN. shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of NOW, THEREFORE, BE IT ORDAINED BY Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF Section 2. The foregoing amendment has DUBUQUE, IOWA: heretofore been reviewed by the Zoning Section 1. That Appendix A (the Zoning Advisory Commission of the City of Dubuque, Ordinance) of the City of Dubuque Code of Iowa. Ordinances is hereby amended by adopting a Section 3. This ordinance shall take effect revised conceptual development plan for the immediately upon publication, as provided by Kennedy Mall, a copy of which is attached to law. and made a part hereof, with conditions as th Passed, approved and adopted this 19 day stated below, to wit: of May, 2003. Lot 1 of Lot 2 of Lot 2 of Clinque, Inc. Addition, /s/Terrance M. Duggan, Mayor and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Regular Session, May 19, 2003 155 Hawkeye Stock Farm, and to the centerline of open space, as defined by Section 8 of the the adjoining public right-of-way, all in the City of Zoning Ordinance, by the property owners Dubuque, Iowa. and/or association. Section 2. Pursuant to Iowa Code Section E) Sign Regulations. 414.5 (2001), and as an express condition of the Signs in the PUD District shall be regulated as reclassification, the undersigned property owner follows: agrees to the following conditions, all of which 1)The provisions of the C-3 General the property owner further agrees are Commercial District sign regulations (Section 4- reasonable and imposed to satisfy the public 3.11) of the Zoning Ordinance shall apply unless needs that are caused directly by the zoning further regulated by this section. reclassification: 2) The stand alone building in the south east A) Use Regulations corner of the premises is permitted 700 square The following regulations shall apply to all land foot total aggregate wall mounted signage not to uses in the above-described PUD District: exceed 6 signs. 1) All permitted, accessory and conditional and 3) Variance requests from sign requirements temporary uses allowed in the C-3 General for size, number and height shall be reviewed by Commercial District as established in Section 3-the Zoning Board of Adjustment in accordance 3.3 of the Zoning Ordinance with Section 5-3 of the Zoning Ordinance. B) Lot and Bulk Regulations 4) Lighting: Signs may be illuminated only by Development of land in the PUD District shall be means of indirect lighting whereby all light as follows: sources and devices are shielded from view by 1) All buildings, structures and activities shall opaque or translucent materials, or internally be developed in conformance with the attached illuminated by means of a light source conceptual development plan and all final site completely enclosed by the sign panel. development plans shall be approved in 5) Motion: No signs may include any device or accordance with the provisions of the PUD means, mechanical, electrical or natural, which District regulations of this ordinance and Section shall cause motion of the sign panel or any part 3-5.5 of the Zoning Ordinance. thereof. No flashing lights or changing colors 2) All buildings and structures shall be limited shall be allowed. to a maximum height of 50 feet and a front yard F) Transfer of Ownership setback of 30 feet. Transfer of ownership or lease of property in this C) Performance Standards PUD District shall include in the transfer or lease The development and maintenance of uses in agreement a provision that the purchaser or this PUD District shall be established in lessee acknowledges awareness of the conformance with Section 3-5.5 of the Zoning conditions authorizing the establishment of the Ordinance and the following standards: PUD District. 1) Erosion control shall be provided during all G) Modifications. phases of construction. Any modifications of this Ordinance must be 2) The parking requirement for in the Kennedy approved by the City Council in accordance with Mall PUD District shall be one space per 200 zoning reclassification proceedings of Section 6 square feet of gross leasable area accessible to of the Zoning Ordinance. the general public. H) Recording. 3) A 30,008 square foot standalone building A copy of this ordinance shall be recorded at the shall be constructed for Best Buy Company, Inc. expense of the property owner with the Dubuque in the southeast corner of the property. County Recorder as a permanent record of the 4) A total of 2,948 parking spaces shall be conditions accepted as part of this provided at the Kennedy Mall after construction reclassification approval. This ordinance shall of the new building. be binding upon the undersigned and his/her 5) Adequate illumination shall be provided to heirs, successors 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 cut-off luminaire. Section 4. The foregoing amendment shall 6) Final site development plans shall be take effect upon publication, as provided by law. th submitted in accordance with Section 4-4 of the Passed, approved and adopted this 19day of Zoning Ordinance of the City of Dubuque, Iowa, May, 2003. prior to construction of any buildings. /s/Terrance M. Duggan, Mayor D) Open Space and Landscaping Attest: /s/Jeanne F. Schneider, CMC, City Clerk Open space and landscaping in the PUD District ACCEPTANCE OF ORDINANCE NO. 40-03 shall be regulated as follows: I, Anthony Cafaro, Sr., representing the Cafaro Those areas not designated on the conceptual Company, property owners, having read the plan for development shall be maintained as terms and conditions of the foregoing Ordinance 156 Regular Session, May 19, 2003 No. 40-03 and being familiar with the conditions adopted regulations for the Asbury Plaza thereof, hereby accept the same and agree to Planned Unit Development District for the conditions required therein. hereinafter described property, as shown in th Dated this 16 day of May, 2003. Exhibit A and to the centerline of the adjoining /s/ Anthony Cafaro, Sr. public right-of-way, all in the City of Dubuque, Published officially in the Telegraph Herald the Iowa. th 26 day of May, 2003. Section 2. Pursuant to Iowa Code Section /s/ Jeanne F. Schneider, City Clerk 414.5 (2001), and as an express condition of the 1t 5/26 reclassification, the undersigned property owner Markham moved that the requirement that the agrees to the following conditions, all of which proposed Ordinance be considered and voted the property owner further agrees are on for passage at two Council Meetings prior to reasonable and imposed to satisfy the public the meeting at which it is to be finally passed be needs that are caused directly by the zoning suspended and further moved final reclassification: consideration and passage of the Ordinance. A) Use Regulations. Seconded by Buol. Motion carried 7-0. The following regulations shall apply to all land uses in the above-described PUD District: Hy-Vee, Inc./Rubloff Development Group, Inc. 1) Principal permitted uses for the retail sales – Amend PUD: Proof of publication on notice of portion of Asbury Plaza shall be limited to: hearing to consider amending the list of a) Regional shopping center permitted uses for the Asbury Plaza Planned b) Retail sales/service – [17]. Commercial District to include a convenience c) Indoor restaurant – [20]. store and carwash at the request of Hy-Vee, d) Drive-in/carry-out restaurant – [28]. Inc./Rubloff Development Group, Inc., and e) General offices – [14]. Zoning Advisory Commission recommending f) Indoor recreation – [37]. approval, presented and read. Buol moved g) Outdoor recreation – [37]. that the proof and communications be received h) Auto sales and service – [38]. and filed. Seconded by Nicholson. Motion i) Auto service centers – [34]. carried 7-0. j) Automated gas station – [18]. Jeff Markey, Hy-Vee, Inc., spoke in support of k) Self-service car wash – [8]. the amendment to the Planned Unit l) Full-service car wash – [8]. Development District. 2) Principal permitted uses for the An Ordinance amending Appendix A (the service/warehouse portion of Asbury Plaza shall Zoning Ordinance) of the City of Dubuque Code be limited to: of Ordinances for hereinafter described property a) Business services – [29]. located at the northwest corner of Asbury Road b) Office supply – [19]. and the Northwest Arterial to amend Ordinance c) Lumberyards/building material sales – [19]. No. 44-00 that established the PUD Planned d) Construction supplies, sales and service – Unit Development District for Asbury Plaza and [19]. adopting an amended list of permitted uses, e) Moving/storage facilities – [33]. presented and read. f) Contractor shop/yard – [33]. g) Wholesale sales/distributor – [29]. OFFICIAL PUBLICATION h) Freight transfer facilities –[44]. ORDINANCE NO. 41-03 i) Agricultural supply sales – [19]. AN ORDINANCE AMENDING APPENDIX A j) Mini-warehousing – [47]. (THE ZONING ORDINANCE) OF THE CITY OF k) Landscaping services (not including retail DUBUQUE CODE OF ORDINANCES HEREIN- sales as primary use) – [29]. AFTER DESCRIBED PROPERTY LOCATED 3) Accessory uses shall include any use AT THE NORTHWEST CORNER OF ASBURY customarily incidental and subordinate to the ROAD AND THE NORTHWEST ARTERIAL TO principal use it serves. AMEND ORDINANCE NO. 44-99 THAT 4) Temporary use shall be limited to the ESTABLISHED THE PUD PLANNED UNIT following: DEVELOPMENT DISTRICT FOR ASBURY Any use listed as a permitted use within the PLAZA AND ADOPTING AN AMENDED LIST PUD District of a limited duration as established OF PERMITTED USES. in Section 2-5.3 and as defined in Section 8 of NOW, THEREFORE, BE IT ORDAINED BY the City of Dubuque Zoning Ordinance. THE CITY COUNCIL OF THE CITY OF [ ] Parking group – see Section 4-2 of the Zoning DUBUQUE, IOWA: Ordinance. Section 1. Appendix A (the Zoning Ordinance) F) Transfer of Ownership of the City of Dubuque Code of Ordinances is Transfer of ownership or lease of property in this hereby amended by providing for the PUD District shall include in the transfer or lease amendment of Ordinance No. 44-99, which agreement a provision that the purchaser or Regular Session, May 19, 2003 157 lessee acknowledges awareness of the and communication be received and filed. conditions authorizing the establishment of the Seconded by Connors. Motion carried 7-0. PUD District. RESOLUTION NO. 173-03 G) Reclassification of Subject Property. RESOLUTION DISPOSING OF INTEREST The City of Dubuque, Iowa, may initiate zoning AND VACATE AN EIGHT-FOOT WIDE reclassification proceedings to the C-3 General UTILITY EASEMENT OVER THE BALANCE Commercial District in accordance with Section OF LOT 4 OF PLAZA COURT IN THE CITY OF 6 of the Zoning Ordinance if the property owner DUBUQUE, DUBUQUE COUNTY, IOWA fails to complete or maintain any of the conditions of this ordinance. Whereas, pursuant to resolution and published H) Modifications. notice of time and place of hearing, published in Any modifications of this Ordinance must be the Telegraph Herald, a newspaper of general approved by the City Council in accordance with circulation published in the City of Dubuque, th zoning reclassification proceedings of Section 6 Iowa on this 9 day of May, 2003, the City of the Zoning Ordinance. Council of the City of Dubuque, Iowa met on the th I) Recording. 19 day of May, 2003, at 6:30 p.m. in the Public A copy of this ordinance shall be recorded at the Library Auditorium, 360 West 11 Street, expense of the property owner with the Dubuque Dubuque, Dubuque County, Iowa to consider County Recorder as a permanent record of the the proposal for the release of real estate conditions accepted as part of this described as: reclassification after the adoption of this An Eight-Foot Wide Utility Easement on the ordinance. This ordinance shall be binding upon Balance of Lot 4 of Plaza Court in the City of the undersigned and his/her heirs, successors Dubuque, Dubuque County, Iowa, as shown on and assigns. the Attached Exhibit A Section 3. The foregoing amendment has Whereas, the City Council of the City of heretofore been reviewed by the Zoning Dubuque, Iowa, overruled any and all Commission of the City of Dubuque, Iowa. objections, oral or written to the proposal to Section 4. The foregoing amendment shall dispose of interest of the City of Dubuque, Iowa, take effect upon publication, as provided by law. in the hereinabove described real estate. th Passed, approved and adopted this 19 day of NOW, THEREFORE, BE IT RESOLVED BY May, 2003. THE CITY COUNCIL OF THE CITY OF /s/Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: /s/Jeanne F. Schneider, CMC, City Clerk Section 1. That the disposal of the interest of Acceptance of Ordinance No. 41-03 the City of Dubuque, Dubuque County, Iowa, in I, Mark Vondrak, representing Rubloff real property described as an eight-foot wide Development Group, Inc. property owner, having utility easement on the Balance of Lot 4 of Plaza read the terms and conditions of the foregoing Court in the City of Dubuque, Iowa, be and the Ordinance No. 41-03 and being familiar with the same is hereby approved for the cost of conditions thereof, hereby accept the same and publication and filing fees. agree to the conditions required therein. Section 2. That the Mayor be authorized and th Dated this 16 day of June, 2003. directed to execute a Release of Easement, and /s/Mark Vondrak the City Clerk be and is hereby authorized and Published officially in the Telegraph Herald directed to deliver said Release to Steve th Newspaper the 27 day of June, 2003. Schmitz, upon receipt of the above fees. /s/Jeanne F. Schneider, CMC, Section 3. That the City Clerk be and is hereby City Clerk authorized and directed to record a certified 1t 6/27 copy of this resolution in the offices of the City Buol moved that the requirement that the Assessor, Dubuque County Recorder and proposed Ordinance be considered and voted Dubuque County Auditor. th on for passage at two Council Meetings prior to Passed, approved and adopted this 19 day of the meeting at which it is to be finally passed be May, 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 Nicholson. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Vacating Petition – Utility Easement (Plaza Court): Proof of publication on notice of hearing Quebecor World Dubuque, Inc. Development to consider a request from Steve Schmitz and Agreement – Tax Increment Financing: Proof of Michael White for the vacating of an eight-foot publication on notice of hearing to consider the wide utility easement in the City of Dubuque and issuance of tax increment revenue obligations City Manager recommending approval, for Quebecor World Dubuque, Inc., and the presented and read. Cline moved that the proof execution of a Development Agreement and City 158 Regular Session, May 19, 2003 Manager recommending approval, presented consider a Development Agreement with the and read. Cline moved that the proof and Adams Company for the purchase of their communication be received and filed. property in the Port of Dubuque and relocation Seconded by Nicholson. Motion carried 7-0. of the company to the Dubuque Industrial Center West and City Manager recommending RESOLUTION NO. 174-03 approval, and communication from City Manager AUTHORIZING THE EXECUTION OF A to John Hendry, The Adams Company, DEVELOPMENT AGREEMENT WITH regarding the Dubuque Industrial Center West QUEBECOR WORLD DUBUQUE, INC. maintenance assessments, presented and read. Whereas, the City Council of the City of Cline moved that the proofs and communication Dubuque, Iowa, after public hearing, duly be received and filed. Seconded by Nicholson. adopted an Urban Renewal Plan (the Plan) for Motion carried 7-0. the Quebecor Economic Development District Rhodes (Bud) Isenhart, 8968 Quail Ridge (the District); and Road, spoke in opposition to the City’s purchase Whereas, the Plan provides that the City may of this property due to the current budget undertake special financing activities, including problems the City is experiencing and suggested loans or grants to private developers, to meet it be deferred. the objectives of the Plan and to encourage the RESOLUTION NO. 175-03 development of the District; and AUTHORIZING THE EXECUTION OF A Whereas, the City Council has determined, in DEVELOPMENT AGREEMENT WITH THE accordance with Section 15A.1 of the Iowa ADAMS COMPANY Code, that QUEBECOR WORLD DUBUQUE, INC. is qualified to receive such loan or grant Whereas, the City Council of the City of assistance to assist with the expansion of its Dubuque, Iowa, after public hearing, duly facility in the District; and adopted an Urban Renewal Plan (the Plan) for Whereas, pursuant to published notice, the the Dubuque Industrial Center Economic City Council has held a public hearing on the Development District; and proposition of obligating Tax Increment Revenue Whereas, the Plan provides that the City may to assist QUEBECOR WORLD DUBUQUE, undertake special financing activities, including INC., and has considered and overruled any and loans or grants to private developers, to meet all objections thereto; and the objectives of the Plan and to encourage the Whereas, it is expected that the aggregate development of the District; and amount of the Tax Increment Revenue Whereas, the City Council has determined, in obligations will be $142,000, more or less, due accordance with Section 15A.1 of the Iowa to assessment increases and/or tax rate Code, that the Adams Company is qualified to adjustments; and receive such loan or grant assistance to assist Whereas, a Development Agreement, with the relocation and expansion of its facility in attached hereto and by this reference made a the District; and part hereof, sets forth the terms and conditions Whereas, pursuant to published notice, the of the disbursement of Tax Increment Revenue City Council has held a public hearing on a proceeds to QUEBECOR WORLD DUBUQUE, proposed Development Agreement with the INC. Company; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, a Development Agreement, is THE CITY COUNCIL OF THE CITY OF attached hereto and by this reference made a DUBUQUE, IOWA: part hereof; Section 1. That the form of Development NOW, THEREFORE, BE IT RESOLVED BY Agreement by and between the City of Dubuque THE CITY COUNCIL OF THE CITY OF and Quebecor World Dubuque, Inc., attached DUBUQUE, IOWA: hereto, is hereby approved. Section 1. That the form of Development Section 2. That the Mayor and City Clerk are Agreement by and between the City of Dubuque hereby authorized and directed to execute, on and the Adams Company, attached hereto, is behalf of the City of Dubuque, Iowa, said hereby approved. Development Agreement. Section 2. That the Mayor and City Clerk are Passed, approved and adopted this 19th day hereby authorized and directed to execute, on of May 2003. behalf of the City of Dubuque, Iowa, said Terrance M. Duggan, Mayor Development Agreement. Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 19th day Cline moved adoption of the Resolution. of May 2003. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Development Agreement – Adams Company: Cline moved adoption of the Resolution. Proof of publication on notice of hearing to Seconded by Nicholson. Motion carried 7-0. Regular Session, May 19, 2003 159 Dubuque Area Industrial Development Section 2. That the Mayor and City Clerk are Corporation: Proof of publication on notice of hereby authorized and directed to execute, on hearing to consider the issuance of tax behalf of the City of Dubuque, Iowa, said First increment revenue obligations for the Dubuque Amendment to Development Agreement. Area Industrial Development Corporation and Passed, approved and adopted this 19th day the execution of a First Amendment to the of May 2003. Development Agreement relating thereto and Terrance M. Duggan, Mayor City Manager recommending approval, Attest: Jeanne F. Schneider, City Clerk presented and read. Markham moved that the Markham moved adoption of the Resolution. proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Heartland Financial USA, Inc.: Proof of RESOLUTION NO. 176-03 publication on notice of hearing to consider the AUTHORIZING THE EXECUTION OF A FIRST issuance of tax increment revenue obligations AMENDMENT TO DEVELOPMENT AGREE- for Heartland Financial USA, Inc., and the MENT WITH DUBUQUE AREA INDUSTRIAL execution of a Development Agreement and City DEVELOPMENT CORPORATION Manager recommending approval, presented Whereas, the City Council of the City of and read. Cline moved that the proof and Dubuque, Iowa, after public hearing, duly communication be received and filed. adopted an Urban Renewal Plan (the Plan) for Seconded by Nicholson. Motion carried 7-0. the Dubuque Industrial Center Economic RESOLUTION NO. 177-03 Development District (the District); and AUTHORIZING THE EXECUTION OF A Whereas, the Plan provides that the City may DEVELOPMENT AGREEMENT WITH HEART- undertake special financing activities, including LAND FINANCIAL USA, INC. loans or grants to private developers, to meet the objectives of the Plan and to encourage the Whereas, the City Council of the City of development of the District; and Dubuque, Iowa, after public hearing, duly Whereas, the City Council has determined, in adopted an Urban Renewal Plan (the Plan) for accordance with Section 15A.1 of the Iowa the Downtown Dubuque Urban Renewal District Code, that DUBUQUE AREA INDUSTRIAL (the District); and DEVELOPMENT CORPORATION is qualified to Whereas, the Plan provides that the City may receive such loan or grant assistance to assist undertake special financing activities, including with the construction of its facility in the District; loans or grants to private developers, to meet and the objectives of the Plan and to encourage the Whereas, pursuant to published notice, the development of the District; and City Council has held a public hearing on the Whereas, the City Council has determined, in proposition of obligating Tax Increment Revenue accordance with Section 15A.1 of the Iowa to assist the DUBUQUE AREA INDUSTRIAL Code, that HEARTLAND FINANCIAL USA, INC. DEVELOPMENT CORPORATION, and has is qualified to receive such loan or grant considered and overruled any and all objections assistance to assist with the relocation and thereto; and expansion of its facility in the District; and Whereas, it is expected that the aggregate Whereas, pursuant to published notice, the amount of the Tax Increment Revenue City Council has held a public hearing on the obligations will be $315,000, more or less, due proposition of obligating Tax Increment Revenue to assessment increases and/or tax rate to assist HEARTLAND FINANCIAL USA, INC., adjustments; and and has considered and overruled any and all Whereas, a First Amendment to Development objections thereto; and Agreement, hereto attached and by this Whereas, it is expected that the aggregate reference made a part hereof, sets forth the amount of the Tax Increment Revenue terms and conditions of the disbursement of Tax obligations will be $478,000, more or less, due Increment Revenue proceeds to the DUBUQUE to assessment increases and/or tax rate AREA INDUSTRIAL DEVELOPMENT adjustments; and CORPORATION. Whereas, a Development Agreement, NOW, THEREFORE, BE IT RESOLVED BY attached hereto and by this reference made a THE CITY COUNCIL OF THE CITY OF part hereof, sets forth the terms and conditions DUBUQUE, IOWA: of the disbursement of Tax Increment Revenue Section 1. That the First Amendment to proceeds to HEARTLAND FINANCIAL USA, Development Agreement by and between the INC. City of Dubuque and DUBUQUE AREA NOW, THEREFORE, BE IT RESOLVED BY INDUSTRIAL DEVELOPMENT CORPOR-THE CITY COUNCIL OF THE CITY OF ATION, attached hereto, is hereby approved. DUBUQUE, IOWA: 160 Regular Session, May 19, 2003 Section 1. That the form of Development Agreement by and between the City of Dubuque Fiscal Year 2003 Budget Amendment: Proof and Heartland Financial USA, Inc., attached of publication on notice of hearing to consider a hereto, is hereby approved. second amendment to the Fiscal Year 2003 Section 2. That the Mayor and City Clerk are budget and City Manager recommending hereby authorized and directed to execute, on approval of the amendment, presented and behalf of the City of Dubuque, Iowa, said read. Michalski moved that the proof and Development Agreement. communication be received and filed. Passed, approved and adopted this 19th day Seconded by Cline. Motion carried 7-0. of May 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Regular Session, May 19, 2003 161 Iowa Street Ramp Skywalk Improvement Dubuque for the complete performance of the Project: Proofs of publication on notice of work. hearing on plans and specifications and notice BE IT FURTHER RESOLVED: to bidders on the receipt of bids, and City That upon the signing of said contract and the Manager recommending award of the contract approval of the contractor’s bond, the City for the Iowa Street Ramp Skywalk Improvement Treasurer is authorized and instructed to return Project to Dubuque Glass Company in the the bid deposits of the successful bidders. th amount of $31,313, presented and read. Passed, approved and adopted this 19 day of Markham moved that the proof and May, 2001. communication be received and filed. Seconded Terrance M. Duggan, Mayor by Buol. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. RESOLUTION NO. 179-03 Seconded by Buol. Motion carried 7-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Michalski moved that the rules be reinstated th Whereas, on the 7 day of April, 2003, plans, limiting discussion to the Council. Seconded by specifications, form of contract and estimated Cline. Motion carried 7-0. cost were filed with the City Clerk of Dubuque, ACTION ITEMS Iowa for the Iowa Street Ramp Skywalk Improvement Project. Whereas, notice of hearing on plans, Timothy Wardle Claim: Communication from specifications, form of contract, and estimated Corporation Counsel advising that Timothy cost was published as required by law. Wardle had requested to address the Council NOW, THEREFORE, BE IT RESOLVED BY regarding the denial of his claim against the City THE CITY COUNCIL OF THE CITY OF for vehicle damage, presented and read. DUBUQUE, IOWA: Mr. Wardle spoke in support of his claim and That the said plans, specifications, form of requested that it be reinvestigated. contract and estimated cost are hereby Nicholson moved that the communication be approved as the plans, specifications, form of received and filed. Seconded by Connors. contract and estimated cost for said Motion carried 7-0. improvements for said project. th Passed, approved and adopted this 19 day of Fiscal Year 2004 Community Partnership (cp2) May, 2003. Program: City Manager recommending approval Terrance M. Duggan, Mayor of the recommendation of the Community Attest: Jeanne F. Schneider, CMC, City Clerk Development Advisory Commission for Markham moved adoption of the Resolution. allocation of Community Partnership Program Seconded by Buol. Motion carried 7-0. (cp2) funds, presented and read. Michalski moved that the communication be received and RESOLUTION NO. 180-03 filed. Seconded by Connors. Motion carried 7- AWARDING CONTRACT 0. Whereas, sealed proposals have been RESOLUTION NO. 181-03 submitted by contractors for the Iowa Street RESOLUTION AUTHORIZING THE AWARD Ramp Skywalk Improvement Project pursuant to OF COMMUNITY PARTNERSHIP PROGRAM Resolution No. 115-03 and notice to bidders (cp2) FUNDS FOR FISCAL YEAR 2004. published in a newspaper published in the City th of Dubuque, Iowa on the 11 day of April, 2003; Whereas, under the provisions of Title I of the and Housing and Community Development Act of Whereas, said sealed proposals were opened 1974, as amended, the City of Dubuque has th and read on the 6 day of May, 2003, and it has received Community Development Block Grant been determined that the bid of Dubuque Glass (CDBG) funds for the development and in the amount of $31,313.00 was the lowest bid maintenance of a viable urban community for the furnishings of all labor and materials and through the provision of decent housing, a performing the work as provided for in the plans suitable living environment and expanded and specifications. economic opportunities for its residents, NOW, THEREFORE, BE IT RESOLVED BY particularly those persons of low and moderate THE CITY COUNCIL OF THE CITY OF income; and DUBUQUE, IOWA: Whereas, the Community Partnership Program Section 1. That the contract for the above (cp2) was developed in the City of Dubuque in improvement be awarded to Dubuque Glass and response to the national goals and objectives of the Manager be and is hereby directed to the CDBG program; and execute a contract on behalf of the City of 162 Regular Session, May 19, 2003 Whereas, guidelines for the implementation of Manager. Seconded by Connors. Motion the Community Partnership Program (cp2) were carried by the following vote: Yeas: Buol, Cline, approved and amended by the City Council. Connors, Markham, Michalski, Nicholson. Nays: NOW, THEREFORE, BE IT RESOLVED BY Duggan. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Carter Road Detention Basin – Consultant Section 1. That the City Council hereby Selection: City Manager recommending awards Community Partnership Program (cp2) approval of a contract with Veenstra and Kimm, monies to the following organizations. The Inc. in the amount of $108,500 for consultant award shall consist of a grant to the organization services for the Carter Road Detention Basin, for the identified project and shall be for the presented and read. Michalski moved that the amount noted below: communication be received and filed and Tri-State Community Health Center recommendation approved. Seconded by Community Health Center $50,000 Nicholson. Motion carried 7-0. Scenic Valley Agency on Aging Assistive Devices for Elderly $10,500 Wayfinding Sign Program: City Manager Four Oaks Inc of Iowa HEART submitting the final design for the Highway signs $36,000 and the revised designs for the College / Project Concern Savings Grandview, Port of Dubuque, and West End Seniors Money $ 7,776 Tourism Districts for the Wayfinding Sign Visiting Nurse Association Elderly Program, presented and read. Home Based Dental Program $10,382 Council expressed appreciation to the Audubon Elementary School Audubon Wayfinding Sign Task Force for their extra effort Book Room For Summer School $19,947 and the new designs. Section 2. That the City Manager is and he is Cline moved to receive and file the hereby authorized to develop and execute communication and approve the final designs. contracts with representatives from the Seconded by Nicholson. Motion carried 7-0. aforementioned organizations in accordance with the program guidelines established for the Community Development Advisory Community Partnership Program and with the Commission Reorganization: City Manager regulations of the Community Development recommending approval of an amendment to the Block Grant Program. Code of Ordinances to change the method of Section 3. That upon execution of said selection of members to the Community contracts, the City Manager is hereby authorized Development Advisory Commission, presented and directed to disburse program funds in and read. Buol moved that the communication support of the approved projects and in be received and filed. Seconded by Nicholson. accordance with the terms and conditions Motion carried 7-0. established in said contracts. Passed, approved and adopted this 19th day An Ordinance Amending the Code of of May, 2003 Ordinances, City of Dubuque, Iowa, Chapter 15, Terrance M. Duggan, Mayor Community Development Section 15-46 relating Attest: Jeanne F. Schneider, City Clerk to membership of the Community Development Michalski moved adoption of the Resolution. Advisory Commission, presented and read. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-03 Phase III Architectural/Historic Survey: City AN ORDINANCE AMENDING THE CODE OF Manager submitting the draft report for the ORDINANCES, CITY OF DUBUQUE, IOWA, Phase III Architectural/Historic Survey and CHAPTER 15, COMMUNITY DEVELOPMENT requesting City Council review and comment on SECTION 15-46 RELATING TO MEMBERSHIP the draft report, presented and read. Cline OF THE COMMUNITY DEVELOPMENT moved that the communication and report be ADVISORY COMMISSION received and filed. Seconded by Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Bee Branch Alignment Study – Consultant DUBUQUE, IOWA: Selection: City Manager recommending Section 1. Section 15-46 of the City of approval of the selection of Camp Dresser & Dubuque Code of Ordinances is hereby McKee to provide engineering and design amended to read as follows: services for the Bee Branch Alignment Study at Section 15-46 Created: Composition a cost of $249,844, presented and read. Buol There is hereby created a Community moved to receive and file the communication Development Advisory Commission whose and approve the recommendation of the City primary purpose shall be to provide for citizen Regular Session, May 19, 2003 163 participation in the development and evaluation Whereas, the City Council of Dubuque, Iowa of the City of Dubuque’s Community has considered said proposal and has Development Block Grant (CDBG) program. determined that the proposed project will The Commission shall comprise nine members, contribute to the local economy through the four (4) members shall be residents of census creation of over 25 new jobs for area residents; tracts and block groups where at least 51% of and the residents are low/moderate income persons Whereas, the Iowa Department of Economic as determined by the United States Department Development's Community Economic of Commerce, Bureau of the Census; four (4) Betterment Account (CEBA) was designed to members shall be residents of the community at assist in the economic development efforts of large; and one (1) member shall be that member local jurisdictions; and of the Housing Commission designated by the Whereas, the City of Dubuque, Iowa is eligible Housing Commission. to apply for funding from the Community Section 2. This ordinance shall take effect Economic Betterment Account program. immediately upon publication. NOW, THEREFORE, BE IT RESOLVED BY th Passed, approved and adopted this 19day of THE CITY COUNCIL OF THE CITY OF May 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the filing of an application for Attest: Jeanne F. Schneider, CMC, City Clerk participation in the Iowa Community Economic Published officially in the Telegraph Herald Betterment Account program on behalf of Vessel th Newspaper the 26 day of May, 2003. Systems, Inc. is approved. /s/Jeanne F. Schneider, CMC, City Clerk Section 2. That the local match as identified in 1t 5/26 the application is hereby approved, subject to Buol moved that the requirement that the the CEBA application approval. proposed Ordinance be considered and voted Section 3. That the Mayor is hereby authorized on for passage at two Council Meetings prior to to execute, and the City Manager is hereby the meeting at which it is to be finally passed by directed to submit said application to the State of suspended and further moved final Iowa Department of Economic Development consideration and passage of the Ordinance. together with such documents as may be Seconded by Nicholson. Motion carried 7-0. required. th Passed, approved, and adopted this 19 day America’s River Corporation: City Manager of May, 2003. recommending approval of the City’s Terrance M. Duggan, Mayor participation as a charter and permanent board Attest: Jeanne F. Schneider, City Clerk member for the America’s River Corporation, the Michalski moved adoption of the Resolution. City Manager serving as the City’s Seconded by Nicholson. Motion carried 7-0. representative and the expenditure of up to $7,500 as a portion of startup costs for the Fiscal Year 2004 Budget Reduction: City Corporation, presented and read. Michalski Manager submitting recommendations on moved that the communication be received and department targets for expense reductions and filed and recommendation approved. Seconded revenue enhancements and identifying a by Nicholson. Motion carried 7-0. process to balance the Fiscal Year 2004 budget, as required with State revenue reductions and Vessel Systems – CEBA Application: City health insurance cost increases, and Manager recommending approval of a communications from RSVP, Dubuque Area Community Economic Betterment Account Labor Management Council, the Dubuque (CEBA) program application on behalf of Vessel Humane Society and Substance Abuse Services Systems to the Iowa Department of Economic Center regarding their Purchase of Service Development to help fund an expansion Agreements, presented and read. Markham program, presented and read. Michalski moved that the communications be received and moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- filed. Seconded by Nicholson. Motion carried 7-0. 0. Council requested that a worksession be RESOLUTION NO. 182-03 scheduled after they have received the City A RESOLUTION AUTHORIZING THE FILING Manager’s recommended budget reductions. OF A COMMUNITY ECONOMIC BETTER- MENT ACCOUNT (CEBA) APPLICATION ON COUNCIL MEMBER REPORTS BEHALF OF VESSEL SYSTEMS, INC. Whereas, Vessel Systems, Inc. has proposed Council Member Michalski reported that she an industrial expansion in the Dubuque had recently attended the Main Street Awards Industrial Center West; and Banquet and that the City received several 164 Regular Session, May 19, 2003 awards and Dubuque’s collaborative efforts in the downtown area were recognized and applauded. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:23 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 5/29 Approved:__________________________2003 Adopted:___________________________2003 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk