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2003 July Council Proceedings Special Session, July 1, 2003 189 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 1, 2003 Council met in Special Session at 5:00 P.M. in Approved:__________________________2003 Conference Room B, City Hall Adopted:___________________________2003 Present: Mayor Pro-Tem Cline, Council Members Buol, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, ______________________________________ Corporation Counsel Barry Lindahl Mayor Absent: Mayor Duggan ______________________________________ Mayor Pro-Tem Cline read the call and stated this is a special session of the City Council ______________________________________ called for the purpose of approving two outdoor service liquor licenses. ______________________________________ RESOLUTION NO. 213-03 ______________________________________ Whereas, applications for Liquor Licenses have been submitted to this Council for approval ______________________________________ and the same have been examined and approved; and ______________________________________ Whereas, the premises to be occupied by such Council Members applicants were inspected and found to comply with the State Laws and all City Ordinances Attest: relevant thereto and they have filed proper bonds. ______________________________________ NOW, THEREFORE, BE IT RESOLVED BY City Clerk THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Davey Robertson Public Bar Busted Lift (Outdoor Service) 180 Main St SPECIAL CLASS “C” LIQUOR LICENSE Carroll’s Wine Company Grape Harbor (Outdoor Service) 123 Main St st Passed, approved and adopted this 1 day of July, 2003. Patricia A. Cline, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. There being no further business, Nicholson moved to adjourn. Seconded by Markham. Motion carried 6-0. The meeting adjourned at 5:02 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 7/9 190 Special Session, July 1, 2003 190 Regular Session, July 7, 2003 Buol moved that the communications be DUBUQUE received and filed and directed Finance Director to issue payment. Seconded by Markham. CITY COUNCIL Motion carried 7-0. OFFICIAL PROCEEDINGS Corporation Counsel recommending settlement of the claim of Michael Bartolotta for City Council, Regular Session, July 7, 2003 towing fees and denial of the portion of the claim Council met at 6:30 P.M. in the Public Library for vehicle storage, presented and read. Buol Auditorium moved that the communication be received and filed and directed Finance Director to issue Present: Mayor Duggan, Council Members payment. Seconded by Markham. Motion Buol, Cline, Connors, Markham, Michalski, carried 7-0. Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Fiscal Year 2004 Budget Amendment: Communications from citizens regarding the Mayor Duggan read the call and stated this is proposed Fiscal Year 2004 budget amendment, a regular session of the City Council called for presented and read. Buol moved that the the purpose of discussing such matters which communications be received and filed. may properly come before the City Council. Seconded by Markham. Motion carried 7-0. Invocation was given by Reverend Matthew Requests to Purchase City Property: Harris, Pastor of The Bridge Christian Church. Communication from M. Kathryne Bauerly requesting to purchase a portion of a City alley Minutes and Reports Submitted: City Council abutting property at 145 South Grandview, of 6/16 and 6/23; Civic Center Commission of presented and read. Buol moved that the 4/14 and 5/19; Community Development communication be received and filed and Advisory Commission of 4/30 and 5/28; referred to the City Manager. Seconded by Downtown Planning Committee of the Long Markham. Motion carried 7-0. Range Planning Commission of 6/9; Historic Preservation Commission of 6/19; Housing Communication from John E. Knox, The Finley Commission of 5/27; Mechanical Board of 6/25; Hospital, requesting to purchase a portion of a Park and Recreation Commission of 6/10; City alley abutting The Finley Hospital property Zoning Board of Adjustment of 6/26, presented at 1408 Delhi Street, presented and read. Buol and read. Buol moved that the minutes be moved that the communication be received and received and filed. Seconded by Markham. filed and referred to the City Manager. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. Proofs of publication of City Council Request of Bill and Patty McGuire to purchase Proceedings of 6/2 and 6/16, and List of Claims a portion of a City alley abutting their property at and Summary of Revenues for month ending 750 Montcrest Street, presented and read. Buol May 31, 2003, presented and read. Buol moved moved that the communication be received and that the proofs be received and filed. Seconded filed and referred to the City Manager. by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings of April, 2003, Supplement No. 58 to the Code of Ordinances: presented and read. Buol moved that the City Manager recommending adoption of proceedings be received and filed and approved Supplement No. 58 to the Code of Ordinances, as printed. Seconded by Markham. Motion presented and read. Buol moved that the carried 7-0. communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Mark Friedenberger for vehicle damage; Mike and Jodi Hoskins for RESOLUTION NO. 214-03 vehicle damage, presented and read. Buol ADOPTING SUPPLEMENT NO. 58 TO THE moved that the claims be referred to the Legal CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Whereas, under date of July 17, 1989, the City Council,, pursuant to Ordinance No. 34-89, Corporation Counsel recommending readopted the Code of Ordinances of the City of settlement of the claim of Mike and Jodi Hoskins Dubuque, Iowa for ordinances adopted up to for vehicle damage and denial of the portion of and including December 19, 1988; and the claim for lost wages, presented and read. Regular Session, July 7, 2003 Whereas, since December 19, 1988 the City that the communication be received and filed. Council of the City of Dubuque, Iowa has Seconded by Markham. Motion carried 7-0. adopted certain ordinances amending the Code of Ordinances and said amendments have been Flat Iron Park Renovation Project: City printed as supplements to the Code of Manager recommending acceptance of the Flat Ordinances; and Iron Park Renovation Project as completed by Whereas, Section 380.8 of the Code of Fondell Excavating in the final contract amount Ordinances provides that supplements by of $124,505.34, presented and read. Buol resolution, become part of the Code of moved that the communication be received and Ordinances. filed. Seconded by Markham. Motion carried 7- NOW THEREFORE BE IT RESOLVED BY 0. RESOLUTION NO. 215-03 THE CITY COUNCIL OF THE CITY OF ACCEPTING IMPROVEMENT DUBUQUE, IOWA: Section 1. That Supplement No. 58 of the WHEREAS, the contract for the Flat Iron Park Code of Ordinances of the City of Dubuque, Renovation Project has been completed and the Iowa, covering Ordinances through Ordinance City Manager has examined the work and filed No. 22-03 enacted through April 7, 2003 and his certificate stating that the same has been prepared by the Sterling Codifiers, Inc, Coeur D’ completed according to the terms of the Alene, ID hereto filed in the Office of the City contract, plans and specifications and Clerk of the City of Dubuque, Iowa be and is recommends its acceptance. hereby adopted and becomes part of the Code NOW, THEREFORE, BE IT RESOLVED, BY of Ordinances of the City of Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 7th day of DUBUQUE, IOWA: July, 2003. 1. That the recommendation of the City Terrance M. Duggan, Mayor Manager be approved and that said Attest: Jeanne F. Schneider, City Clerk improvement be and the same is hereby Buol moved adoption of the Resolution. accepted. Seconded by Markham. Motion carried 7-0. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to Midwest Architectural Salvage Warehouse: the contractor from the General Fund in amount Communication from the Historic Preservation equal to the amount of his contract, less any Commission to Vance DeLire advising that the retained percentage provided for therein. Commission is in full support of the creation of Passed, approved and adopted this 7th day of the Midwest Architectural Salvage Warehouse, July, 2003. presented and read. Buol moved that the Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Worker’s Compensation Excess Insurance: RESOLUTION NO. 216-03 City Manager recommending approval of the FINAL ESTIMATE renewal rates submitted by Safety National for the City’s Worker’s Compensation Excess WHEREAS, the contract for the Flat Iron Park Insurance effective July 1, 2003, presented and Renovation Project has been completed and the read. Buol moved that the communication be Engineer has submitted his final estimate received and filed and approved showing the cost thereof including the cost of recommendation. Seconded by Markham. estimates, notices and inspection and all Motion carried 7-0. miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY Voluntary Annexation Request: Communica-THE CITY COUNCIL OF THE CITY OF tion from the City Manager to the Mayor of DUBUQUE, IOWA: Asbury requesting that the Asbury City Council Section 1. That the cost of said improvement deny the voluntary annexation request of Joel is hereby determined to be $124,505.34, and the Callahan, Callahan Construction, Inc., presented said amount shall be paid from the General and read. Buol moved that the communication Fund of the City of Dubuque, Iowa. be received and filed. Seconded by Markham. Passed, approved and adopted this 7th day of Motion carried 7-0. July, 2003. Terrance M. Duggan, Mayor Dubuque Main Street, Ltd.: Communication Attest: Jeanne F. Schneider, City Clerk from Bob Felderman, President of Dubuque Buol moved adoption of the Resolution. Main Street, Ltd., thanking the Council for their Seconded by Markham. Motion carried 7-0. support of the Dubuque Main Street, Ltd, 2020 District Plan, presented and read. Buol moved 192 Regular Session, July 7, 2003 State Historical Society of Iowa: Fund and the General Storm Sewer Repair Fund Communication from the State Historical Society of the City of Dubuque, Iowa. th of Iowa advising that the George W. Rogers Passed, approved and adopted this 7 day of Company Shot Tower was listed in the National July, 2003. Register of Historic Places effective May 22, Terrance M. Duggan, Mayor 2003, presented and read. Buol moved that the Attest: Jeanne F. Schneider, CMC, City Clerk communication be received and filed. Seconded Buol moved adoption of the Resolution. by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. West Locust Street Storm Sewer Project: City Grand River Center - Bid Package #1: City Manager recommending acceptance of the West Manager recommending acceptance of the Locust Street Storm Sewer Project as completed Grand River Center – Bid Package #1 Project as by Connolly Construction in the final contract completed by Kraemer Brothers, LLC, in the amount of $183,821.32, presented and read. final contract amount of $1,665,043.68, Buol moved that the communication be received presented and read. Buol moved that the and filed. Seconded by Markham. Motion communication be received and filed. Seconded carried 7-0. by Markham. Motion carried 7-0. RESOLUTION NO. 217-03 RESOLUTION NO. 219-03 ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT Whereas, the contract for the West Locust Whereas, the contract for the Mississippi River Storm Sewer Addition Project has been National Education and Conference Center completed and the City Manager has examined Project – Package #1 – Kraemer Bros. has been the work and filed his certificate stating that the completed and the City Manager has examined same has been completed according to the the work and filed his certificate stating that the terms of the contract, plans and specifications same has been completed according to the and recommends its acceptance. terms of the contract, plans and specifications NOW THEREFORE, BE IT RESOLVED BY and recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the General Fund and the Treasurer be and he is hereby directed to pay to General Storm Sewer Repair Fund in amount the contractor from DRA Distribution, Vision equal to the amount of his contract, less any Iowa grant funds, and proceeds from General retained percentage provided for therein. Obligation Bonds in amount equal to the amount th Passed, approved and adopted this 7 day of of his contract, less any retained percentage July, 2003. provided for therein. th Terrance M. Duggan, Mayor Passed, approved and adopted this 7 day of Attest: Jeanne F. Schneider, CMC, City Clerk July, 2003. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 218-03 Seconded by Markham. Motion carried 7-0. FINAL ESTIMATE RESOLUTION NO. 220-03 Whereas, the contract for the West Locust FINAL ESTIMATE Storm Sewer Addition Project has been completed and the City Engineer has submitted Whereas, the contract for the Mississippi River his final estimate showing the cost thereof National Education and Conference Center including the cost of estimates, notices and Project - Package #1 – Kraemer Bros. has been inspection and all miscellaneous costs. completed and the City Engineer has submitted NOW THEREFORE, BE IT RESOLVED BY his final estimate showing the cost thereof THE CITY COUNCIL OF THE CITY OF including the cost of estimates, notices and DUBUQUE, IOWA: inspection and all miscellaneous costs. Section 1. That the cost of said improvement is NOW THEREFORE, BE IT RESOLVED BY hereby determined to be $277,641.48 and the THE CITY COUNCIL OF THE CITY OF said amount shall be paid from the General DUBUQUE, IOWA: Regular Session, July 7, 2003 Section 1. That the cost of said improvement is Section 2. That the Mayor be authorized and hereby determined to be $1,665,043.68 and the directed to execute two copies of the pre-design said amount shall be paid from DRA Distribution, agreement between the City of Dubuque and the Vision Iowa grant funds, and proceeds from Iowa Department of Transportation. th General Obligation Bonds of the City of Passed, adopted and approved this 7 day of Dubuque, Iowa. July, 2003. Passed, approved and adopted this 7th day of Terrance M. Duggan, Mayor July, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Hardwoods/Miller Logging/Peavey Grain Redevelopment Project: City Manager Main Street Buildings’ Litigation: Corporation recommending approval of a combined notice of Counsel requesting approval of the terms of the finding of no significant impact on the settlement agreement in the Main Street environment and notice of intent to request Buildings’ Litigation and directing the Finance release of funds for the Dubuque Department to issue payment, presented and Hardwoods/Miller Logging/Peavey Grain read. Buol moved that the communication be Redevelopment Project, presented and read. received and filed and approved request and Buol moved that the communication be received issuance of payment. Seconded by Markham. and filed. Seconded by Markham. Motion Motion carried 7-0. carried 7-0. RESOLUTION NO. 222-03 Iowa Department of Transportation – Pre- A RESOLUTION AUTHORIZING PUBLICA- Design Agreement: City Manager recom- TION OF A COMBINED NOTICE OF FINDING mending approval of a Pre-Design Agreement OF NO SIGNIFICANT IMPACT ON THE between the City of Dubuque and the Iowa ENVIRONMENT AND NOTICE OF INTENT TO Department of Transportation for improvements REQUEST RELEASE OF FUNDS FOR THE to US 20 relating to the proposed new US 20 FORMER DUBUQUE HARDWOODS / MILLER Mississippi River Crossing Project, presented LOGGING / PEAVEY GRAIN EDI PROJECT and read. Buol moved that the communication be received and filed. Seconded by Markham. Whereas, the City of Dubuque has received an Motion carried 7-0. Economic Development Initiative (EDI) Special Project grant from the U.S. Department of RESOLUTION NO. 221-03 Housing and Urban Development, and RESOLUTION APPROVING PRE-DESIGN Whereas, pursuant to the rules and regulations AGREEMENT BETWEEN THE CITY OF as promulgated by the U.S. Department of DUBUQUE AND THE IOWA DEPARTMENT Housing and Urban Development, an OF TRANSPORTATION FOR THE NEW US 20 environmental review has been processed for MISSISSIPPI RIVER CROSSING PROJECT the former Dubuque Hardwoods/Miller Logging/ Whereas, the Iowa Department of Peavey Grain EDI Project; and Transportation proposes to establish or improve Whereas, based on said environmental review, an extension of Primary Road No. US 20 as a the Department of Housing and Community controlled access facility within the City of Development has determined that said project Dubuque in Dubuque County, Iowa; and will have no significant impact on the Whereas, the Iowa Department of environment; and Transportation and the City are willing to jointly Whereas, a combined notice of "Finding of No participate in said project, in the manner Significant Impact on the Environment" and of hereinafter provided; and "Intent to Request Release of Funds" for said Whereas, this Agreement reflects the current project will be sent by regular mail to various concept of this project, subject to consideration federal, state and local public agencies; to the of any changes in the major elements of appropriate Regional Office of the planning or design which would affect the Environmental Protection Agency, to the HUD project’s final concept. Area Office and to the local news media, NOW, THEREFORE, BE IT RESOLVED BY individuals and groups known to be interested THE CITY COUNCIL OF THE CITY OF and believed to be appropriate to receive such a DUBUQUE, IOWA: notice; and Section 1.That the pre-design agreement Whereas, any and all comments received as a between the City of Dubuque and the Iowa result of such notice will be duly considered Department of Transportation for the proposed before proceeding with a Request for Release of new US 20 Mississippi River Crossing Project Funds and Certification. be and is hereby approved. 194 Regular Session, July 7, 2003 NOW, THEREFORE, BE IT RESOLVED BY be received and filed. Seconded by Markham. THE CITY COUNCIL OF THE CITY OF Motion carried 7-0. DUBUQUE, IOWA: RESOLUTION NO. 223-03 Section 1. That the City Clerk be and is hereby RESOLUTION APPROVING AMENDMENT 5 authorized and directed to publish a combined TO THE FISCAL YEAR 2003 (PROGRAM Notice of Finding of No Significant Impact on the YEAR 2002) ANNUAL ACTION PLAN FOR Environment and Notice of Intent to Request COMMUNITY DEVELOPMENT BLOCK Release of Funds for the former Dubuque GRANT FUNDS Hardwoods/Miller Logging/ Peavey Grain EDI Project and to make the Environmental Review Whereas, the City of Dubuque prepared and Record for said project available for public filed an Annual Action Plan for Fiscal Year 2003; inspection and comment until 8:00 am on July and 28, 2003. Such notice shall be in the form of Whereas, the City of Dubuque now desires to Exhibit "A" attached hereto and made a part amend said Annual Plan as per the attached hereof. Exhibit A; and Section 2. That the environmental review Whereas, said amendment is a non- record for the project shall be placed on file in substantial amendment as provided in the City's the Office of the City Clerk where said record Citizen Participation Plan and must therefore be may be examined and copied by any interested approved by resolution of the City Council after party. review by the Community Development Advisory Section 3. That the Mayor of the City of Commission; and Dubuque is hereby authorized and directed to Whereas, the Community Development submit to the U.S. Department of Housing and Advisory Commission reviewed the proposed Urban Development fifteen (15) days after amendment on May 28, 2003, and has voted to publication of appropriate notice a Request for approve said amendment and to recommend Release of Funds to undertake the said project. approval by the City Council. Section 4. That the Mayor of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque is hereby authorized to consent to THE CITY COUNCIL OF THE CITY OF assume the status of a responsible federal DUBUQUE, IOWA: official under the National Environmental Section 1.That Amendment 5 to the Fiscal Protection Act, insofar as the provisions of the Year 2003 (Program Year 2002) Annual Action said Act apply to the U.S. Department of Plan for the Community Development Block Housing and Urban Development Grant Program hereto attached as Exhibit A is responsibilities for review, decision making, and hereby approved. action assumed and carried out by the City of Section 2. That the City Manager is hereby Dubuque as to environmental issues. authorized and directed to submit a copy of this Section 5. That the Mayor of the City of resolution to the U. S. Department of Housing Dubuque is hereby authorized to consent and Urban Development. personally, in his official capacity and on behalf Passed, approved and adopted this 7th day of of the City of Dubuque, to accept the jurisdiction July 2003. of the federal courts if an action is brought to Terrance M. Duggan, Mayor enforce responsibilities in relation to Attest: Jeanne F. Schneider, City Clerk environmental review, decision-making and Buol moved adoption of the Resolution. action. Seconded by Markham. Motion carried 7-0. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and Office of the Governor: Communication from directed to execute a certification pertaining to Governor Thomas Vilsack regarding the Iowa the environmental review procedures. Values Fund legislation and the Republican th Passed, approved and adopted this 7 day of proposals for tax and regulatory changes, July 2003. presented and read. Buol moved that the Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Iowa League of Cities: Communication from Susan Judkins and Konni Kay Cawiezell, Iowa Fiscal Year 2003 Annual Action Plan – League of Cities, requesting that the City Amendment #5: City Manager recommending Manager participate on the League’s Legislative approval of Amendment #5 to the City’s Policy Committee for the 2004 legislative Community Development Block Grant (CDBG) session, presented and read. Buol moved that Fiscal Year 2003 Annual Action Plan, presented the communication be received and filed and and read. Buol moved that the communication approved request. Seconded by Markham. Motion carried 7-0. Regular Session, July 7, 2003 Economic Development Administration – Dubuque Area Chamber of Commerce Loan Amendment to Contract: City Manager Agreement: City Manager recommending recommending approval of Project Amendment approval of a loan agreement between the City #1 with the Economic Development of Dubuque and the Dubuque Area Chamber of Administration to extend the start date to Commerce, as approved during the Fiscal Year December 17, 2003 and the end date to 2004 budget process, to support the marketing June 17, 2005 for the Adams Company efforts of the America’s River project, presented relocation and demolition project. presented and and read. Buol moved that the communication read. Buol moved that the communication be be received and filed. Seconded by Markham. received and filed. Seconded by Markham. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO.224-03 RESOLUTION NO. 225-03 APPROVING A LOAN AGREEMENT A RESOLUTION AUTHORIZING THE BETWEEN THE CITY OF DUBUQUE, IOWA EXECUTION OF PROJECT AMENDMENT NO. AND THE DUBUQUE AREA CHAMBER OF 1 TO A CONTRACT WITH THE ECONOMIC COMMERCE FOR LOAN FUNDS FOR THE DEVELOPMENT ADMINISTRATION START-UP MARKETING EFFORT BY THE Whereas, the City Council of Dubuque has CONVENTION AND VISITORS BUREAU FOR approved a contract with the Economic THE AMERICA’S RIVER PROJECTS Development Administration (EDA) for a $2 Whereas, the Dubuque Area Chamber of Million grant to assist in the acquisition of Commerce through its Convention and Visitors property owned by the Adams Company in the Bureau provides services to grow the tourism Port of Dubuque, relocation of the Company, and convention industry in Dubuque; and and demolition of the existing facility; and Whereas, the Dubuque Area Chamber of Whereas, because of the need to facilitate the Commerce through its Convention and Visitors negotiation of a Development Agreement with Bureau has proposed to the City of Dubuque a the Adams Company for the purchase of the marketing effort for America’s River projects; company’s property, the implementation of the and contract has been delayed and an extension of Whereas, it is in the interest of the City of time has been requested, and Dubuque to allow the proposed marketing to Whereas, EDA has provided a proposed six proceed; and month extension of time for the start of the Whereas, to allow the proposed marketing to project, and has submitted Project Amendment proceed and to accommodate budget No. 1 of the contract to the City for approval; restrictions, the City of Dubuque has agreed to NOW, THEREFORE, BE IT RESOLVED BY loan $350,000 to the Dubuque Area Chamber of THE CITY COUNCIL OF THE CITY OF Commerce to pay for the start-up marketing DUBUQUE, IOWA: effort, such funds to be available for distribution Section 1. That the attached Project after July 1, 2003, pursuant to the terms of a Amendment #1 with EDA for an extension of Loan Agreement, attached hereto; and time is hereby approved. Whereas, the Dubuque Area Chamber of Section 2. That the Mayor is hereby authorized Commerce has agreed to repay the full amount to execute, and the City Manager is hereby of the loan upon the terms set forth in the Loan directed to submit said Project Amendment #1 to Agreement. the Economic Development Administration. NOW THEREFORE, BE IT RESOLVED BY Passed, approved, and adopted this 7th day of THE CITY COUNCIL OF THE CITY OF July 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. The Loan Agreement attached Attest: Jeanne F. Schneider, City Clerk hereto is hereby approved. The Mayor is hereby Buol moved adoption of the Resolution. authorized and directed to sign the Loan Seconded by Markham. Motion carried 7-0. Agreement on behalf of the City of Dubuque. Section 2. The City Manager is hereby U.S. Department of Housing and Urban authorized and directed to administer the Loan Development (HUD): City Manager Agreement on behalf of the City. recommending approval of a Community Passed, approved and adopted this 7th day of Development Block Grant (CDBG) Agreement July, 2003. with the U.S. Department of Housing and Urban Terrance M. Duggan, Mayor Development (HUD) in the amount of Attest: Jeanne F. Schneider, CMC, City Clerk $1,481,000 for the program year beginning July Buol moved adoption of the Resolution. 1, 2003 and ending June 30, 2004, presented Seconded by Markham. Motion carried 7-0. and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. 196 Regular Session, July 7, 2003 RESOLUTION NO. 226-03 be received and filed and approved refund. RESOLUTION AUTHORIZING EXECUTION OF Seconded by Markham. Motion carried 7-0. A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. Request of MVL, Inc. for a refund of their beer DEPARTMENT OF HOUSING AND URBAN and liquor combination license for A and B DEVELOPMENT. Tavern in the amount of $633.75, presented Whereas, under provisions of Title I of Housing and read. Buol moved that the communication and Community Development Act of 1974, as be received and filed and approved refund. amended, the City of Dubuque prepared and Seconded by Markham. Motion carried 7-0. submitted an Annual Action Plan for a Community Development Block Grant; and Business Licenses: Whereas, the submission has been approved RESOLUTION NO. 227-03 by the U.S. Department of Housing and Urban Development in the amount of $1,481,000 for a NOW, THEREFORE, BE IT RESOLVED BY twelve month program year commencing July 1, THE CITY COUNCIL OF THE CITY OF 2003 and ending June 30, 2004; and DUBUQUE, IOWA: Whereas, a grant agreement covering the That the following having complied with the activities proposed to be carried out with the provisions of law relating to the sale of Community Development Block Grant funds has Cigarettes within the City of Dubuque, Iowa, be been transmitted to the City of Dubuque by the granted a permit to sell Cigarettes and Cigarette U. S. Department of Housing and Urban Papers within said City. Development. 33 RENEWALS NOW, THEREFORE, BE IT RESOLVED BY Clark # 2354 Clark Retail Enterprise, Inc THE CITY COUNCIL OF THE CITY OF 700 Rhomberg DUBUQUE, IOWA: Diamond Jo Casino Peninsula Gaming Co. rd Section 1. That the Funding Approval / 400 E. 3 St Agreement, authorized by the U.S. Department Dubuque Discount Gas Jeffrey Streinz of Housing and Urban Development on July 1, 2175 Central Av 2003 for a Community Development Block Grant Dubuque Greyhound Park / Casino Dubuque to the City of Dubuque in the amount of Racing Association 1855 Greyhound Park Dr $1,481,000 and identified as Grant Number B-Dubuque Mining Co. Apartments Ltd 03-MC-19-0004 is hereby accepted. 55 JFK Rd. Section 2. That the Mayor of the City of Eagle Food Center #018 Eagle Food Center, Inc Dubuque be and he is hereby authorized and 300 S. Locust St directed to execute said Agreement on behalf of Eagle Food Center #130 Eagle Food Center, the City of Dubuque, Iowa. Inc. 1800 Elm St Passed, approved and adopted this 7th day of Eagle Food Center #320 Eagle Food Center, Inc July 2003. 2050 JFK Rd Terrance M. Duggan, Mayor Easy Street, LLC Easy Street Attest: Jeanne F. Schneider, City Clerk 431 Rhomberg Av Buol moved adoption of the Resolution. Fat Tuesday IBRICO Inc Seconded by Markham. Motion carried 7-0. 1121 University Ave Hy-Vee, Inc Hy-Vee Stormwater Utility Implementation: City 4800 Asbury Rd Manager providing an update on the Stormwater Hy-Vee Inc Hy-Vee Utility Implementation, presented and read. 3500 Dodge St Buol moved that the communication be received Jym’s Bar Jymie Lyons and filed. Seconded by Markham. Motion 1700 Central Ave carried 7-0. Econofoods # 471 Nash Finch Company 3355 JFK Rd Transit Trustee Board: Communication from Michael Kalmes Kalmes Breaktime Bar the Transit Trustee Board recommending 1097 Jackson changes to the proposed budget reductions, Lucky 13 David Erickson th presented and read. Buol moved that the 385 E. 13 St communication be received and filed. Seconded Kwik Stop Rainbo Oil Com by Markham. Motion carried 7-0. 1685 JFK Rd Kwik Stop Rainbo Oil Com Business License Refunds: 2297 University Av Kwik Stop Rainbo Oil Com Request of Sumbal Corp for a refund of their 4039 Pennsylvania beer permit in the amount of $18.75, presented Kwik Stop Rainbo Oil Com and read. Buol moved that the communication 1401 Central Av Regular Session, July 7, 2003 Kwik Stop Rainbo Oil Com (Sunday Sale) 1050 University Av 2320 Hwy 61 Passed, approved and adopted this 7th day of Kwik Stop Rainbo Oil Com July, 2003. 2390 Central Av Terrance M. Duggan, Mayor Kwik Stop Rainbo Oil Com Attest: Jeanne F. Schneider, CMC, City Clerk 2255 Kerper Blvd Buol moved adoption of the Resolution. McCann’s IOCO McCann’s IOCO Seconded by Markham. Motion carried 7-0. 690 W Locust RESOLUTION NO. 229-03 Murph’s South End Tap Pam Murphy 55 Locust St Whereas, applications for Liquor Licenses Oky Doky # 14 Kristina Chapman have been submitted to this Council for approval 1050 University Av and the same have been examined and Stonewall Lounge Cooper Management approved; and 299 Main St Whereas, the premises to be occupied by such Ten Pin Tap Dolores Weber applicants were inspected and found to comply 601 Rhomberg Av with the State Laws and all City Ordinances Tony’s Place Charles E. Steffen relevant thereto and they have filed proper 1701 Central Av bonds. Wal-Mart Supercenter #2004 Wal-Mart Stores, NOW, THEREFORE, BE IT RESOLVED BY Inc 4200 Dodge St THE CITY COUNCIL OF THE CITY OF Walnut Tap Craig Weiner DUBUQUE, IOWA: 709 University Av That the Manager be authorized to cause to be West Locust Mart Lee Potter issued the following named applicants a Liquor 408 W Locust St License. White House Tavern David Hoffman CLASS “C” BEER/LIQUOR LICENSE 450 W Locust StPam Murphy Murphs South End Tap th Passed, approved and adopted this 7 day of 55 Locust St July, 2003. Peninsula Gaming Com LLC Diamond Jo rd Terrance M. Duggan, Mayor Casino+(Sunday/Outdoor Sale) 400 E. 3 St Attest: Jeanne F. Schneider, CMC, City Clerk Craig Weiner Walnut Tap+ Buol moved adoption of the Resolution. (Sunday Sale) 709 University Av Seconded by Markham. Motion carried 7-0. Ethel Schwartz Airport Inn+ th (Sunday Sale) 574 E. 16 St RESOLUTION NO. 228-03 CLASS “B” WINE BEER Creative Touch Gallery Ooh La La Whereas, applications for Beer Permits have 3460 Hillcrest Rd th been submitted and filed to this Council for Passed, approved and adopted this 7 day of approval and the same have been examined July, 2003. and approved: and Terrance M. Duggan, Mayor Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, CMC, City Clerk such applicants were inspected and found to Buol moved adoption of the Resolution. comply with the Ordinances of the City and have Seconded by Markham. Motion carried 7-0. filed proper bonds. ITEMS TO BE SET FOR PUBLIC HEARING NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sale of Real Property at 2521 Stafford Street: That the Manager be authorized to cause to be City Manager recommending that a public issued the following named applicants a Beer hearing be set for July 21, 2003 to consider Permit. disposing of real property located at 2521 CLASS “B” BEER (5 – DAY SPECIAL EVENT) Stafford Street to Kristy Monahan-Smith, Dubuque Jaycees Dubuque Jaycees – Tent A presented and read. Cline moved that the Town Clock Plaza communication be received and filed. Dubuque Jaycees Dubuque Jaycees – Tent B Seconded by Connors. Motion carried 7-0. Town Clock Plaza RESOLUTION NO. 230-03 Dubuque Jaycees Dubuque Jaycees – Tent C RESOLUTION OF INTENTION TO DISPOSE Town Clock Plaza OF CITY-OWNED PROPERTY, SPECIFI- Northend Neighborhood Assc Northend Neigh- CALLY, LOT TWO (2) OF LOT ONE (1) AND borhood Assc 2400 Jackson St THE EAST ONE-HALF (E1/2) OF LOT FOUR Four Mounds Foundation, Inc Four Mounds th (4) OF LOT TWO (2) BOTH IN GEIGER’S Foundation-Blues Fest 7 & Main St SUBDIVISION IN THE CITY OF DUBUQUE, CLASS “C” BEER PERMIT COUNTY, DUBUQUE, IOWA ACCORDING TO K-Chap Foods, Inc. Oky Doky # 14+ 198 Regular Session, July 7, 2003 THE RECORDED PLAT THEREOF; RESOLUTION NO. 231-03 OTHERWISE KNOWN AS 2521 STAFFORD RESOLUTION DECLARING THE INTENT OF STREET. THE CITY OF DUBUQUE, IOWA, TO SUBORDINATE A MORTGAGE INTEREST IN WHEREAS, the City of Dubuque purchased at CERTAIN REAL ESTATE sheriff’s sale the property at 2521 Stafford Street in order to recover a rehabilitation loan balance Whereas, Cooper Development Company, of $24 000; and LLC executed and delivered a Real Estate WHEREAS, a family displaced by fire from Mortgage to the City of Dubuque, Iowa (“City”), their homestead residence has offered to filed August 3, 2001, as Instrument No. 12323- purchase this property from the City. 01, in connection with Downtown Rehabilitation NOW, THEREFORE, BE IT RESOLVED BY Loan Program #3-01 from City; and THE CITY COUNCIL OF THE CITY OF Whereas, City Lot 73 (except the southerly 3 DUBUQUE, IOWA: inches thereof) in the City of Dubuque, Dubuque Section 1. That the City of Dubuque, Iowa, County, Iowa, is the real estate parcel described intends to dispose of its interest in the following in said Mortgage; and legally-described property: Whereas, City and Dubuque Bank & Trust Lot Two (2) of Lot One (1) and the East One-half both have Mortgage interests in the above- (E1/2) of Lot Four (4) of Lot Two (2) both in described real estate; and Geiger’s Subdivision in the City of Dubuque, Whereas, Dubuque Bank & Trust requires that County of Dubuque, Iowa according to the the City subordinate its Mortgage interest in the recorded plat thereof. above-described real estate to Dubuque Bank & Section 2. That the City of Dubuque, Iowa Trust’s interest to allow Cooper Development to proposes to dispose of its interest in the above increase its rehabilitation loan with the bank; and described real estate to Kristy Monahan-Smith Whereas, the City Council has determined that for the sum of seventy-one thousand five the execution of a subordination agreement with hundred dollars ($71 500). Dubuque Bank & Trust regarding the above- Section 3. That the City Council meet in the described real estate mortgage is in the public th Carnegie Stout Public Library Auditorium, 11 interest. and Bluff Streets, Dubuque, Iowa, at 6:30 pm on NOW, THEREFORE, BE IT RESOLVED BY July 21, 2003, for the purpose of holding a public THE CITY COUNCIL OF THE CITY OF hearing and taking final action on the disposition DUBUQUE, IOWA: of the above described real estate in the City of Section 1. That it is the intent of the City Dubuque, Iowa. Council to execute a subordination agreement Section 4. That the City Clerk be and she is with Dubuque Bank & Trust with regard to the hereby authorized and directed to cause a above-described Mortgage on the following notice of such public hearing and the City described real estate located in the City of Council’s intent to dispose of such property to be Dubuque, Iowa: published as prescribed under Iowa Code City Lot 73 (except the southerly 3 inches Section 364.7. thereof) in the City of Dubuque, Dubuque th Passed, approved and adopted this 7 day of County, Iowa. July 2003. Section 2. That the City Clerk is hereby Terrance M. Duggan, Mayor directed to give notice in the manner required by Attest: Jeanne F. Schneider, CMC, City Clerk law of a public hearing to be held on July 21, Cline moved adoption of the Resolution and 2003 at 6:30 P.M. in the Auditorium of the further set this for public hearing on 7/21/03 at a Carnegie-Stout Public Library, at which time and meeting to commence at 6:30 P.M. in the public place all interested parties will be given library auditorium and that the City Clerk publish opportunity to be heard for or against the notice in the manner prescribed by law. proposal to dispose of the real estate interests Seconded by Connors. Motion carried 7-0. herein described. Passed, adopted and approved this 7th day of Cooper Development Loan Subordination July 2003. Agreement: City Manager recommending that a Terrance M. Duggan, Mayor public hearing be set for July 21, 2003 to Attest: Jeanne F. Schneider, City Clerk consider approval of a Subordination Agreement Cline moved adoption of the Resolution and with Dubuque Bank and Trust Company related set this for public hearing on 7/21/03 at a to the City’s mortgage interest associated with meeting to commence at 6:30 P.M. in the public Cooper Development Company’s Downtown library auditorium and that the City Clerk publish Rehabilitation Loan, presented and read. Cline notice in the manner prescribed by law. moved that the communication be received and Seconded by Connors. Motion carried 7-0. filed. Seconded by Connors. Motion carried 7- 0. Regular Session, July 7, 2003 BOARDS/COMMISSIONS contact for homeowners and that an explicit time frame be readily available. Housing and Appointments to the following Boards / Community Development Director David Harris Commissions: responded that his department would be the CIVIC CENTER COMMISSION (Two three-contact for the homeowners. year terms to expire 6/29/06 – terms of Dolphin and Fuller): Applicants: Gary Dolphin and Low-Income Subsidy for Stormwater Utility: Cynthia A. Fuller. Cline moved that Gary City Manager recommending approval of the Dolphin and Cynthia Fuller be reappointed to low-income subsidy criteria for the Stormwater three year terms to expire 6/29/06. Seconded Utility that is used by Utility Billing for refuse by Michalski. Motion carried 7-0. subsidies, presented and read. Michalski LONG RANGE PLANNING ADVISORY moved that the communication be received and COMMISSION (Two three-years terms through filed and approved the recommendation. 7/1/06 – terms of Neumeister and Stein): Seconded by Cline. Motion carried 7-0. Applicants: Dr. Mary Lynn Neumeister and Rick Stein. Michalski moved that Dr. Mary Lynn Affordable Housing Task Force Report Neumeister and Rick Stein be reappointed to Update: City Manager recommending revisions three year terms which will expire 7/1/06. for implementation of the Affordable Housing Seconded by Cline. Motion carried 7-0. Task Force 2001 report, presented and read. PARK AND RECREATION ADVISORY Markham moved that the communication be COMMISSION (One three-year term through received and filed and recommendation 6/30/06 – term of Duggan): Applicant:Chuck approved. Seconded by Buol. Motion carried 7- Duggan. Markham moved that Chuck Duggan 0. be reappointed to a three year term which will expire 6/30/06. Seconded by Buol. Motion RISE Grant for Highway 32 (Southwest carried 7-0. Arterial): City Manager recommending approval of the application for a Revitalize Iowa’s Sound ACTION ITEMS Economy (RISE) grant from the Iowa Department of Transportation for the Asbury Plaza Detention Facility: Com-construction of Iowa Highway 32 (Southwest munication of Werner Hellmer, representing Arterial), presented and read. Cline moved Joseph and Judy Riniker, requesting to address that the communication be received and filed. the Council regarding the Asbury Plaza Seconded by Connors. Motion carried 7-0. Detention Facility and City Manager responding RESOLUTION NO. 232-03 to the communication from Werner Hellmer A RESOLUTION AUTHORIZING THE FILING regarding the Asbury Plaza Detention Facility, OF AN APPLICATION TO THE IOWA presented and read. Nicholson moved that the DEPARTMENT OF TRANSPORTATION communications be received and filed. Seconded by Cline. Motion carried 7-0. Whereas, the City Council of Dubuque, Iowa Attorney Werner Hellmer spoke stating the has identified the completion of Iowa Highway detention basin is not functional. 32 (Southwest Arterial) as the City’s number one Assistant City Engineer Gus Psihoyos advised transportation priority, and that the City is working with the developer to Whereas, the Iowa Department of correct the situation. He further stated that a Transportation has funding available through the new erosion control ordinance should be Revitalize Iowa’s Sound Economy (RISE) to completed by March, 2004. assist the State of Iowa in design and construction of Highway 32, and Acquisition-Relocation Assistance Program for Whereas, an application has been prepared Bee Branch Basin Stormwater Mitigation for RISE funding in the amount of $10 Million. Activities: City Manager recommending NOW, THEREFORE, BE IT RESOLVED BY approval of policies and procedures for THE CITY COUNCIL OF THE CITY OF administration of an assistance program to DUBUQUE, IOWA: households to be displaced due to stormwater Section 1. That the filing of an application for mitigation activities related to the Bee Branch $10,000,000 of RISE funding for the Iowa nd Basin, and beginning acquisition for the 32 Highway 32 project is hereby approved. Street Detention Basin, presented and read. Section 2. That the Mayor is hereby authorized Cline moved that the communication be to execute, and the City Manager is hereby received and filed and approved directed to submit said application to the Iowa recommendation. Seconded by Nicholson. Department of Transportation, together with Motion carried 7-0. other attachments as may be required. th Council discussed this project and directed Passed, approved, and adopted this 7 day of that a specific staff member be designated as a July, 2003. 200 Regular Session, July 7, 2003 Terrance M. Duggan, Mayor Section 3. Section 45-54 of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque Code of Ordinances is hereby Cline moved adoption of the Resolution. amended to read as follows: Seconded by Connors. Motion carried 7-0. In the event the owner of a lot or parcel of land, shall fail to remove weeds, vines or other Health Services Department Weed growth, it shall be the duty of the city manager to Procedures: City Manager submitting two cause said weeds, vines or other growth to be options for revisions to the City’s weed cut and destroyed and to certify the actual cost procedures and requesting City Council thereof to the city clerk who, in turn, shall certify direction, presented and read. Buol moved that such cost plus the costs of administration to the the communication be received and filed. county treasurer and it shall then constitute a Seconded by Markham. Carried by the following lien against said property and be collected with vote: Yeas—Buol, Connors, Duggan, Markham, and in the same manner as general property Michalski, Nicholson. Nays—Cline. taxes on said property. Section 4. Section 45-55 of the City of Donna Schmidt, 352 O’Neill St., spoke Dubuque Code of Ordinances is hereby objecting to the condition of a neighboring home. repealed. Council discussed the merits of the various time Section 5. This Ordinance shall take effect frames to accomplish the necessary clean-up. upon publication. Passed, approved and adopted this 7th day of An Ordinance Amending Chapter 42 July, 2003. Vegetation of the City of Dubuque Code of Terrance M. Duggan, Mayor Ordinances by repealing Section 45-52 Notice to Attest: Jeanne F. Schneider, City Clerk Property Owner to Remove; by amending Published officially in the Telegraph Herald th Section 45-53 Compliance with Removal Notice newspaper this 14 day of July, 2003. Required; by amending Section 45-54 Collection Jeanne F. Schneider, City Clerk of Cost of Removal by City; and by repealing 1t 7/14 Section 45-55 Failure to Comply with Weed Buol moved that the requirement that a Removal Notice After Service of Second Notice, proposed Ordinance be considered and voted presented and read. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be OFFICIAL PUBLICATION suspended and further moved final consi- ORDINANCE NO. 46-03 deration and passage of the Ordinance. AN ORDINANCE AMENDING CHAPTER 42 Seconded by Markham. Carried by the following VEGETATION OF THE CITY OF DUBUQUE vote: Yeas—Buol, Connors, Duggan, Markham, CODE OF ORDINANCES BY REPEALING Michalski, Nicholson. Nays—Cline. SECTION 45-52 NOTICE TO PROPERTY OWNER TO REMOVE; BY AMENDING Carter Road Detention Basin – Design SECTION 45-53 COMPLIANCE WITH Parameters: City Manager recommending REMOVAL NOTICE REQUIRED; BY approval of design parameters contained in AMENDING SECTION 45-54 COLLECTION OF Option #3 as developed by Veenstra and Kimm COST OF REMOVAL BY CITY; AND BY for the Carter Road Detention Basin, presented REPEALING SECTION 45-55 FAILURE TO and read. Buol moved that the communication COMPLY WITH WEED REMOVAL NOTICE be received and filed and approved AFTER SERVICE OF SECOND NOTICE. recommendation. Seconded by Markham. NOW, THEREFORE, BE IT ORDAINED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sidewalk Café Ordinance: City Manager Section 1. Section 45-52 of the City of recommending approval of criteria for the Dubuque Code of Ordinances is hereby placement of sidewalk cafes on public right-of- repealed. way, presented and read. Michalski moved that Section 2. Section 45-53 of the City of the communication be received and filed. Dubuque Code of Ordinances is hereby Seconded by Connors. Motion carried 7-0. amended to read as follows: Sec. 45-53. Duty to remove: An Ordinance Amending Chapter 41 Streets, It shall be the duty of an owner of any lot or Sidewalks and Other Public Places of the City of parcel of land to remove weeds, vines or other Dubuque Code of Ordinances by adding thereto growth, by cutting or destroying such weeds, a new Division 6 Sidewalk Cafés, presented and vines or other growth in such a manner as to read. remove such hazard. Regular Session, July 7, 2003 need for use of the public right of way where the OFFICIAL PUBLICATION sidewalk café area is located for a valid public ORDINANCE NO. 47-03 purpose. AMENDING CHAPTER 41 STREETS, (c) The restaurant owner shall provide a SIDEWALKS AND OTHER PUBLIC PLACES certificate of insurance with coverage OF THE CITY OF DUBUQUE CODE OF satisfactory to the City Manager and shall agree ORDINANCES BY ADDING THERETO A NEW to hold the city of Dubuque, its officers and DIVISION 6 SIDEWALK CAFÉS employees harmless from and against any and NOW THEREFORE, BE IT ORDAINED BY all claims of any kind arising out of the use of the THE CITY COUNCIL OF THE CITY OF public right of way. DUBUQUE, IOWA AS FOLLOWS: Sec. 41-182. Sidewalk Cafe Area: Section 1. Chapter 41 of the City of Dubuque (a) A sidewalk cafe area shall not extend onto Code of Ordinances is hereby amended by the sidewalk in a manner that will not allow a adding thereto the following: minimum of three feet (3') of unobstructed DIVISION 6. SIDEWALK CAFÉS sidewalk adjacent to the street for pedestrian Sec. 41-180. Sidewalk Cafés Authorized: use. (a) A sidewalk café in the public right of way (b) No tables and chairs shall be placed in may be operated only as set forth in this street corner areas defined by building lines Division. extended to the street, and no closer than ten (b) A sidewalk cafe in the public right of way feet (10') from a disabled ramp. shall be permitted only in districts zoned C-4 (c) The sidewalk cafe area shall be delineated Downtown Commercial District, C-5 Business by ropes or some other temporary suitable District or OC Office Commercial District or in method, which shall be clearly visible to the Port of Dubuque PUD District. pedestrians. Such temporary delineation and all (c) The sidewalk cafe area must be contiguous tables, chairs and other items shall be removed with a side of a building wherein a restaurant or at the end of each day's operation of the food service establishment is located . sidewalk café area, and the sidewalk cafe area (d) A restaurant or food service establishment shall be restored to its normal condition as a that operates a sidewalk café must be licensed pedestrian-way. No materials shall be stored on by the department of public health. the public right of way. Sec. 41-181 Sidewalk Cafe Permit: (d) The restaurant owner may submit a (a) No restaurant owner shall operate a request to place anchored fencing in a public sidewalk café in the public right of way without a sidewalk, subject to approval by the City permit therefore. The restaurant owner shall file Manager. Any tables, chairs, and other items an application with the City Manager on a form that are stored outdoors shall be secured within provided by the City Manager. The owner shall the anchored fencing at the end of each day's agree to abide by all state and local laws operation of the sidewalk café area so that they governing use of the public right of way. The are unusable and will not block or obstruct application for a new permit shall include the emergency exits from any building. The location of all trees, poles, benches, grating and restaurant owner shall be responsible for any other amenities or obstructions in the right of damages to the sidewalk caused by the way, and the location of any proposed furniture placement of any anchored fencing. A ($200) or equipment. The application shall be deposit shall be required prior to the placement accompanied by a photograph or detailed of any anchored fencing on a public sidewalk renderings of the sidewalk café area and all and shall be returned when, in the judgment of proposed tables, chairs, barriers or other the City Manager, the sidewalk is restored to its furniture or equipment. The applicant shall pay prior condition. a fee established by the City Manager. The (e) A sidewalk cafe area may not include any permit shall be for one 12-month period from the public amenities such as benches, seats, tables date of issuance of the permit. or trash receptacles. (b)The City Manager may revoke a sidewalk Sec. 41-183. Days And Hours Of Operation: café permit upon written notice to the restaurant (a) A sidewalk cafe may be operated any time owner for a violation of the conditions of the of the year. permit and after a reasonable opportunity for the (b) A sidewalk cafe shall be setup and restaurant owner to remedy the violation has operated each day only between the hours of expired. Grounds for termination of the permit seven o'clock (7:00) A.M. and ten o’clock P.M. include, but are not limited to, a violation of state (10:00) Sunday through Thursday and seven liquor control laws, a violation of this Code of o’clock (7:00) A.M. and twelve o'clock (12:00) Ordinances including this Division, or the midnight Friday and Saturday. The sidewalk creation of a safety hazard, health hazard or café area shall be restored to and maintained as public nuisance. The City Manager may also a normal pedestrianway at all other times. terminate the permit if the City Manager determines there is a substantial and reasonable 202 Regular Session, July 7, 2003 (c) Food and beverages shall be available for (k) No permit shall be issued for a restaurant service to patrons in a sidewalk cafe area during café area in the Port of Dubuque PUD District all hours of operation of the sidewalk cafe. unless such area complies with the Ice Harbor Sidewalk cafes shall not operate when the Urban Renewal District Design Standards. restaurant kitchen is closed. (l) The restaurant owner shall not in any way Sec. 41-184. Sound Equipment: interfere with access to public or city utilities Amplified sound equipment shall not be located and/or operated within the public right of permitted in a sidewalk café area. way. Sec. 41-185. Operation Of Sidewalk Cafés: (m) The operation of a sidewalk cafe shall (a) The City Manager shall have the right in conform to all applicable federal, state, and local the City Manager’s discretion to limit the number laws and regulations. th of sidewalk café areas. Passed, approved and adopted the 7 day of (b) Advertising shall not be permitted in the July 2003. sidewalk cafe area except for the name of the Terrance M. Duggan, Mayor establishment, which may be placed on chairs, Attest: Jeanne F. Schneider, CMC, City Clerk tables, umbrellas or other amenities, as Published officially in the Telegraph Herald th approved by the City Manager. The amenities newspaper this 11 day of July, 2003. used in the sidewalk cafe area shall at all times Jeanne F. Schneider, City Clerk be maintained in good condition. 1t 7/11 (c) No building entrances or exits shall be Michalski moved that the requirement that a blocked in a sidewalk cafe area. proposed Ordinance be considered and voted (d) The restaurant owner shall not obstruct the on for passage at two Council Meetings prior to pedestrian right of way adjacent to the sidewalk the meeting at which it is to be finally passed be café area. No sidewalk café furniture shall be suspended and further moved final placed closer than three feet (3’) to a street and consideration and passage of the Ordinance. have a barricade not less than thirty (30”) inches Seconded by Connors. Motion carried 7-0. and not more than forty (40) inches high. A sidewalk cafe shall remain within the approved Long Range Planning Advisory Commission: boundaries of the sidewalk café area as shown Appointment of Council representative and on the restaurant owner’s application. alternate to the Long Range Planning Advisory (e) The City Manager may require additional Commission (currently Council Member Buol restroom capacity for a restaurant with a and Mayor Duggan as alternate) for term from sidewalk café to comply with building and July 1, 2003 through June 30, 2004, presented housing requirements in this Code of and read. Michalski moved that the Ordinances. communication be received and filed and (f) Occupancy limits for sidewalk café area reappointed the present appointees. Seconded shall be determined as set forth in criteria for by Markham. Motion carried 7-0. outdoor service of alcoholic beverages on public right of way. Safety of the Public: City Manager providing (g) The restaurant owner shall not be required information related to citizen safety issues, to provide additional parking for the operation of presented and read. Buol moved that the a sidewalk cafe. communication be received and filed. Seconded (h) A sidewalk cafe area shall be subject to by Michalski. Motion carried 7-0. inspection at any time in the discretion of the City Manager. Fiscal Year 2004 Budget Amendment: City (i) A sidewalk cafe serving food or alcoholic Manager submitting modifications to the Fiscal beverages shall have an employee monitoring Year 2004 Budget Amendment recom- the area at all times when alcohol is being mendations for the July 9, 2003 public hearing, consumed. Service of food or alcohol beverages presented and read. Michalski moved that the in a sidewalk cafe area shall be limited to communication be received and filed. Seconded persons seated at tables in the sidewalk café by Markham. Motion carried 7-0. area. (j) The restaurant owner shall be responsible There being no further business, Michalski for trash removal and shall maintain the area moved to adjourn. Seconded by Connors. and the area within five feet (5') of the sidewalk Motion carried 7-0. The meeting adjourned at café area in a clean and litter free manner during 8:15 P.M. all hours of operation. The restaurant owner shall restore the area and the area within five /s/ Jeanne F. Schneider, CMC feet (5') of the sidewalk café area to its normal City Clerk condition as a pedestrian-way, free of litter after 7/16 operation of the sidewalk cafe each day. Regular Session, July 7, 2003 Approved:__________________________2003 Adopted:___________________________2003 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk 204 Special Session, July 9, 2003 fare increases, presented and read. Michalski DUBUQUE moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. CITY COUNCIL OFFICIAL Michalski moved to suspend the rules to allow PROCEEDINGS anyone present to address the Council if they so desire. Seconded by Markham. Motion carried City Council, Special Session, July 9, 2003 7-0. Council Met at 6:00 P.M. in the Five Flags Theater Public input and discussion were given on departments in the following order: Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Airport – No comments; Nicholson, City Manager Van Milligen, Building Services – No comments; Corporation Counsel Lindahl Cable TV – No comments; City Clerk’s Office – No comments; Mayor Duggan read the call and stated this is City Council – No comments; a Special Session of the City Council called for City Manager’s Office – No comments; the purpose of conducting a Public Hearing on Economic Development – No comments; the Fiscal Year 2004 Budget Amendment. Emergency Communications – No comments; Emergency Management – No comments; Proofs of Publication on Notice of Public Engineering/Public Works – Steve Cavanaugh, Hearing on Budget Amendment for Fiscal Year 955 Shelby Street and representing BFI, stated 2004, presented and read. Michalski moved that the increase for dumpster fees from $5.00 that the proofs be received and filed. Seconded to $100.00 was unreasonable; by Cline. Motion carried 7-0. Finance – No comments; Fire – The following spoke in opposition to Communication of the City Manager regarding cutting any positions in the Fire Department, the Fiscal Year 2004 budget amendment, some citing the past professional and timely presented and read. Michalski moved that the actions of the Fire Department personnel and communication be received and filed. Seconded the possible danger of not enough personnel in by Cline. Motion carried 7-0. emergency situations: Mrs. John (Marlene) Boland, Morgan Eitter, Tom Ready, Judith Communication from Wayne Dow, Firefighter, Krueger, Marian Williams, Sue Voelker, Merle concerning the proposed budget recom- Duehr as the representative of Dubuque mendations, presented and read. Michalski Federation of Labor, Jim Miller as a Fire Dept. moved that the communication be received and retiree, John Finn of The Busted Lift, Rosemary filed. Seconded by Cline. Motion carried 7-0. Heim, Mike Burds of the Fire Dept., Jody Diercks, Joanie McDonough, Jennifer Klaus, Communication from Jonas Bandy, Vice- Linda Woods, Ray Hutchinson, Dave Beaves, President of the Dubuque Professional Dr. Doug Butzier, John Walker, Christie Luster, Firefighters’ Association, regarding proposed Jonas Bandy, Julie Bandy, Charles Blasen, Jim staffing reductions in the Fire Department, Burdt, David Grass, Steve Haupert, Amie presented and read. Michalski moved that the Wilson, Dale Rader, Jeff Sanderfield. Chuck communication be received and filed. Seconded Duggan, Mike McMahon, Terry Stewart, Bob by Cline. Motion carried 7-0. Boland, Kevin Schmitt, Pat Easch, Becky Stumpf, Robin Kennicker; Noelle Coleman, Communication from Marian Williams, 1120 Laura Behnke, Linda Peacock, Bobbie Delaney, Savanna Drive, regarding cutting the police and Jim Mitchell, Dave Schuster, Duane Prine. fire departments, presented and read. Michalski Five Flags – No comments; moved that the communication be received and Health – No comments; filed. Seconded by Cline. Motion carried 7-0. Housing and Community Development – John Herrig, 13668 Surrey Lane, spoke in opposition Communication from Angela J. Petsche, 2301 to the increase in rental license fees, Donna Prince Street, in opposition to cutting positions Schmitt, 11470 Rupp Hollow Road, spoke in from the Fire Department, presented and read. opposition to the wages of employees supported Michalski moved that the communication be by federal funds being frozen; received and filed. Seconded by Cline. Motion Human Rights – No comments; carried 7-0. Information Services – Dave Grass, Firefighter, spoke in opposition to the elimination Petitions from citizens regarding the proposed of overtime as these services are vital to the Fire cuts to Keyline bus service and the proposed Department twenty-four hours a day; Special Session, July 9, 2003 205 Legal – No comments; Davidson, 125 West Ninth, spoke in opposition Library – Michael Shubatt, Library Board of to any decrease in service or increase in fares; Trustees, thanked the City Manager for Water Department – No comments. changing the budget recommendations with Water Pollution Control Plant – No comments. regards to the Library; Matthew Zmudka, as a Purchase of Services – No comments. Library Intern, spoke in opposition to any cuts at the Library; Connor Anderson, Information Mayor Duggan opened the floor to anyone Specialist at the Library, spoke in support of who had not had the opportunity to speak. retaining the Library’s level of service; Ruth Scharnau, 2905 Wilderness Road, spoke in John Mauss, 1515 Auburn Street, spoke in support of the Library; opposition to putting the burden on non- Operations and Maintenance – No comments; bargaining unit employees and spoke in support Park Division – Dave Baker, President of the of saving all positions; Bob Schmitt, 3138 Teamster Local #421, spoke in opposition to Hillcrest Road , spoke in support of using cutting the Park Ranger position and police and $419,000 uncommitted funds for the operating fire positions; Dave Birch, 2106 Kniest, spoke in budget; Jerrod Atkinson spoke in support of favor of retaining the Park Ranger position; paying higher taxes rather than cutting positions Parking Division – No comments; and services; Jim Giesen, 1600 Lori Court, Planning Services – No comments; questioned what the property tax increase would Police Department – Jonas Bandy, Vice-be if fifty percent of the deficiency were funded President of the Dubuque Professional by property taxes. Firefighters’ Association, spoke in opposition to any cuts in the Police Department as Police and Michalski moved that the public hearing Fire depend on each other; Tom Pregler, portion on the Budget be closed. Seconded by speaking on behalf of the Police Protective Markham. Motion carried 7-0. Association, spoke in opposition to any cuts in the Police Department; Tom Ready, President of An Ordinance Amending the City of Dubuque the Dubuque Professional Firefighters’ Code of Ordinances Section 40-37 Paragraphs Association, stated it was vital to have complete (a), (b) and (c) establishing charges for the Police Department force; Cindy Markus spoke in collection and disposal of solid waste and opposition to any police or fire cuts; Police recyclable materials increasing the base fee Officer Rebecca Stieber spoke in opposition to from $7.49 per dwelling unit per month to $7.60, any reductions in the Police Department; presented and read. Rosemary Heim spoke in opposition to cuts in OFFICIAL PUBLICATION the Police Department; Police Captain Paula ORDINANCE NO. 48-03 Gieseman, spoke in opposition to the pay AN ORDINANCE AMENDING CITY OF freeze for non-bargaining unit employees; DUBUQUE CODE OF ORDINANCES Matthew Wright spoke in opposition to any SECTION 40-37 PARAGRAPHS (a), (b) AND police or fire cuts; (c) ESTABLISHING CHARGES FOR THE Recreation – No comments; COLLECTION AND DISPOSAL OF SOLID Transit – John Tippe, as a full-time bus driver, WASTE AND RECYCLABLE MATERIALS spoke in support of no changes to the Keyline INCREASING THE BASE FEE FROM $7.49 budget and suggested using $500,000 per year PER DWELLING UNIT PER MONTH TO $7.60 from the Reserve Fund; Part Time Bus Operator Steve Didato, spoke in opposition to the NOW, THEREFORE, BE IT ORDAINED BY elimination of Saturday service; Rosemary CITY COUNCIL OF THE CITY OF DUBUQUE, Heim, spoke in opposition to the elimination of IOWA: Saturday service; Lisa Timmerman, 444 Angella, Section 1. Section 40-37 (a), (b), and (c) of the stated she is dependent on Saturday service; Sr. City of Dubuque Code of Ordinances is hereby Dolores Ulrich, 3485 Windsor, on behalf of the amended to read as follows: low-income and elderly, spoke in opposition to Sec. 40-37. Charges-Amounts; Exceptions1: the increase in Keyline fares and the elimination (a) Class I Premises: Except as qualified below, of Saturday service; Pat Healy, a Transit a fee of seven dollars and sixty cents ($7.60) per employee, and Jean Wuertzer, a bus rider from dwelling unit per month shall be paid to the city ARC, spoke objecting to deletion of Saturday by the property owner of each class I premises bus service. Robert O’Brien, 2198 St. John for such services. Said fee shall be in payment Drive, spoke in support of expanding the Keyline for collection and disposal of one 35-gallon can bus service; Terry Shaffer, 745 Roberts, spoke or one 35-gallon trash bag of "solid waste" as in favor of maintaining the Keyline bus service defined in this chapter. There is no limit on the as well as Police and Fire positions; Jonas number of bins allowed to be collected Bandy, 950 Glen Oak, spoke in opposition to the containing acceptable "recyclable materials" as elimination of any services at Keyline; Sara defined in this chapter. Exceptions to the 206 Special Session, July 9, 2003 collection charges for class I premises are as gallon can or one 35-gallon trash bag of "solid follows: waste" as defined. There is no limit on the (1) When a class I premises has been vacant number of bins allowed to be collected for a period not less than three (3) consecutive containing acceptable "recyclable materials" as months, the owner may apply to the city defined. manager for a credit under procedures to be The owner of a class III premises served by established by the city manager. Such credit city solid waste collection may provide the city shall continue only so long as the class I manager with not less than fourteen (14) days' premises is vacant. written notice of intent to terminate the service. (2) Class I premises when the head of the Such termination of service shall be effective at household is sixty five (65) years of age or older the beginning of the next billing period after such and has an annual income equal to or less than fourteen (14) day notice period. the income standards used by HUD for its Section 2. This ordinance shall take upon "section eight (8) housing program" for one- and publication. th two-person households may, upon application to Passed, approved and adopted this 9 day of the city manager, be exempted from one-half July, 2003. (1/2) the established collection charge. After the /s/Terrance M. Duggan, Mayor initial application, annual application shall be Attest: /s/Jeanne F. Schneider, CMC, City Clerk made by the head of household on July 1 of Published officially in the Telegraph Herald th each year to verify annual income and eligibility. Newspaper the 14 day of July, 2003. (3) In cases of extreme financial hardship, the /s/Jeanne F. Schneider, CMC, City Clerk city manager, may and is hereby authorized and 1t 7/14 empowered to, make adjustments in the monthly Buol moved that the requirement that a collection charges as the city manager may proposed Ordinance be considered and voted deem appropriate. In such cases, the city on for passage at two Council Meetings prior to manager shall have the authority to require such the meeting at which it is to be finally passed be proof of vacancy, financial status, age or suspended and further moved final extreme hardship as the city manager may consideration and passage of the Ordinance. deem necessary. Seconded by Michalski. Motion carried 7-0. (4) Class I premises when a family household of five (5) or more persons has an annual An Ordinance Amending the City of Dubuque income equal to or less than the income Code of Ordinances by amending Section 7- standards used by HUD for its "section eight (8) 33(A) Dogs – License Fee by increasing the housing program" for the size of that household annual license fee from Eight Dollars ($8.00) to may, upon application to the city manager, be Ten Dollars ($10.00) for dogs that are neutered exempted from one-half (1/2) the established and from Eighteen Dollars ($18.00) to Twenty- collection charge. After the initial application, Five Dollars ($25.00) for dogs that are not annual application shall be made by the head of neutered; and by amending Section 7-34 Dogs- household on July 1 of each year to verify Expiration; Renewal; Delinquent Fee by annual income and eligibility. increasing the delinquent fee from a penalty of (b) Class II Premises: A fee of seven dollars Five Dollars ($5.00) to Ten Dollars $10.00) and and sixty cents ($7.60) per month shall be paid by amending Section 7-35(A) Cats-License Fee to the city by the property owner of each class II by increasing the annual license fee sold after premises for such services. Said fee shall be in September 30, 2003 from Eight Dollars ($8.00) payment for collection and disposal of one 35-for cats that are neutered to Ten Dollars gallon can or one 35-gallon trash bag of "solid ($10.00) and from Eighteen Dollars ($18.00) to waste" as defined. There is no limit on the Twenty-Five Dollars ($25.00) for cats that are number of bins allowed to be collected not neutered; and by amending Section 7-36 containing acceptable "recyclable materials" as Expiration; Renewal; Delinquent Fees from a defined. Penalty of Five Dollars ($5.00) to Ten Dollars The owner of a class II premises served by the ($10.00), presented and read. city solid waste collection may provide the city OFFICIAL PUBLICATION manager with not less than fourteen (14) days' ORDINANCE NO. 49-03 written notice of intent to terminate the service. AN ORDINANCE AMENDING THE CITY OF Such termination of service shall be effective at DUBUQUE CODE OF ORDINANCES BY the beginning of the next billing period after such AMENDING SECTION 7-33(a) DOGS - fourteen (14) day notice period. LICENSE FEE BY INCREASING THE ANNUAL (c) Class III Premises: A fee of seven dollars LICENSE FEE FROM EIGHT DOLLARS and sixty cents ($7.60) per month shall be paid ($8.00) TO TEN DOLLARS ($10.00) FOR to the city by the property owner of each class III DOGS THAT ARE NEUTERED AND FROM premises for such services. Said fee shall be in EIGHTEEN DOLLARS ($18.00) TO TWENTY- payment for collection and disposal of one 35- Special Session, July 9, 2003 207 FIVE DOLLARS ($25.00) FOR DOGS THAT Attest: /s/Jeanne F. Schneider, CMC, City Clerk ARE NOT NEUTERED; AND BY AMENDING Published officially in the Telegraph Herald th SECTION 7-34 DOGS-EXPIRATION; Newspaper the 14 day of July, 2003. RENEWAL; DELINQUENT FEE BY /s/Jeanne F. Schneider, CMC, City Clerk INCREASING THE DELINQUENT FEE FROM 1t 7/14 A PENALTY OF FIVE DOLLARS ($5.00) TO Buol moved that the requirement that a TEN DOLLARS ($10.00); AND BY AMENDING proposed Ordinance be considered and voted SECTION 7-35(a) CATS-LICENSE FEE BY on for passage at two Council Meetings prior to INCREASING THE ANNUAL LICENSE FEE the meeting at which it is to be finally passed be SOLD AFTER SEPTEMBER 30, 2003 FROM suspended and further moved final EIGHT DOLLARS ($8.00) FOR CATS THAT consideration and passage of the Ordinance. ARE NEUTERED TO TEN DOLLARS ($10.00) Seconded by Michalski. Motion carried 7-0. AND FROM EIGHTEEN DOLLARS ($18.00) TO TWENTY-FIVE DOLLARS ($25.00) FOR CATS An Ordinance Amending the Code of THAT ARE NOT NEUTERED; AND BY Ordinances of the City of Dubuque, Iowa, AMENDING SECTION 7-36 EXPIRATION; Sections 44-201(a), Fixing Water Rates for RENEWAL; DELINQUENT FEES FROM A Residential, Commercial, Industrial, and all other PENALTY OF FIVE DOLLARS ($5.00) TO TEN uses, presented and read. DOLLARS ($10.00). OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY ORDINANCE NO. 50-03 THE CITY COUNCIL OF THE CITY OF AN ORDINANCE AMENDING THE CITY OF DUBUQUE, IOWA: DUBUQUE CODE OF ORDINANCES Section 1. Section 7-33(a) of the City of SECTION 44-201 (a), FIXING WATER RATES Dubuque Code of Ordinances is hereby FOR RESIDENTIAL, COMMERCIAL, amended to read as follows: INDUSTRIAL, AND ALL OTHER USES. The license fee per calendar year, or fraction thereof, for a dog license shall be ten dollars NOW, THEREFORE, BE IT ORDAINED BY ($10.00) for each neutered dog, either male or THE CITY COUNCIL OF THE CITY OF female, and twenty-five dollars ($25.00) for each DUBUQUE, IOWA: male or female dog not neutered. Section 1. Section 44-201(a), of the City of Section 2. Section 7-34 of the City of Dubuque Code of Ordinances is hereby Dubuque Code of Ordinances is hereby amended to read as follows: amended to read as follows: Section 44-201 (a). Residential, Commercial, All dog licenses issued under this division shall Industrial and all other uses. expire on December 31 of the year in which (a) The rates to be charged for water for issued and shall become delinquent on March residential, commercial, industrial and all other 31 of the year due. A penalty of ten dollars uses and purposes by any person, firm or ($10.00) shall be added to the required license corporation within the City shall be as follows: fee for each delinquent dog license. Monthly Consumption Charge per Hundred Section 3. Section 7-35(a) of the City of Cubic Feet Dubuque Code of Ordinances is hereby First 3,000 $1.61 amended to read as follows: Next 12,000 $1.32 For licenses sold after September 30, 2003, Next 35,000 $1.22 the license fee per calendar year, or fraction Next 50,000 $1.09 thereof, shall be ten dollars ($10.00) for each Next 100,000 $ .95 neutered cat, either male or female, and twenty-Rates shall be subject to the following five dollars ($25.00) for each male or female cat minimum monthly charge according to the size not neutered. of the meter: Section 4. Section 7-36 of the City of Dubuque Meter Size Code of Ordinances is hereby amended to read (Inches) Cubic Feet New Charge as follows: 5/8 200 $ 3.22 All cat licenses issued under this division shall ¾ 500 $ 8.05 expire on June 30 of the year following and shall 1 800 $ 12.88 become delinquent on September 30 of the year 1 ½ 2,600 $ 41.86 due. A penalty fee of ten dollars ($10.00) shall 2 4,600 $ 69.42 be added to the required license fee for each 3 10,600 $148.62 delinquent cat license. 4 16,800 $228.66 Section 5. This Ordinance shall take effect 6 36,800 $472.66 upon publication. 8 62,500 $769.95 thth Passed, approved and adopted this 9 day of Passed, approved and adopted this 9 day of July, 2003. July, 2003. /s/Terrance M. Duggan, Mayor /s/Terrance M. Duggan, Mayor 208 Special Session, July 9, 2003 Attest: /s/Jeanne F. Schneider, CMC, City Clerk Buol moved that the requirement that a Published officially in the Telegraph Herald the proposed Ordinance be considered and voted th 14 day of July, 2003. on for passage at two Council Meetings prior to /s/Jeanne F. Schneider, CMC, City Clerk the meeting at which it is to be finally passed be 1t 7/14 suspended and further moved final Buol moved that the requirement that a consideration and passage of the Ordinance. proposed Ordinance be considered and voted Seconded by Michalski. Motion carried 7-0. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be An Ordinance Amending the City of Dubuque suspended and further moved final Code of Ordinances Section 44-202 Fire consideration and passage of the Ordinance. Sprinkler Services, presented and read. Seconded by Michalski. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 52-03 An Ordinance Amending the City of Dubuque AN ORDINANCE AMENDING THE CITY OF Code of Ordinances Section 44-202 Fire DUBUQUE CODE OF ORDINANCES Sprinkler Services, presented and read. CHAPTER 46, VEHICLES FOR HIRE AND OFFICIAL PUBLICATION PUBLIC TRANSPORTATION, SECTION 46-35 ORDINANCE NO. 51-03 FEES; AND SECTION 46-43 ISSUANCE OF AN ORDINANCE AMENDING THE CITY OF LICENSE; DURATION; ANNUAL FEE DUBUQUE CODE OF ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY SECTION 44-202 FIRE SPRINKLER SERVICE THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That Section 46-35 of the City of DUBUQUE, IOWA: Dubuque Code of Ordinances is hereby Section 1. Section 44-202, of the City of amended to read as follows: Dubuque Code of Ordinances is hereby mended “Sec. 46-35. Fees: to read as follows: No taxicab operator permit shall be issued or Section 44-202. Fire Sprinkler Service. renewed unless the holder thereof has paid an (a) Customers who have fire sprinkler service annual permit fee of fifteen dollars ($15.00) for shall be billed for this service on a monthly the right to engage in the taxicab business and basis. The monthly charge shall be as follows: an annual fee to thirty dollars ($30.00) for each Number of Heads Monthly vehicle in such taxicab business. Such fees Current Charges shall be for one year commencing April 1. Up to 200 (minimum monthly charge) $ 9.66 Section 2. That Section 46-43 of the City of 200-300 $11.59 Dubuque Code of Ordinances is hereby 300-400 $13.52 amended to read as follows: 400-600 $15.45 Sec. 46-43. Issuance of License; Duration; 600-800 $17.38 Annual Fee: 800-1,000 $19.32 (a) Upon approval of an application for a 1,000-1,200 $21.25 taxicab driver’s license, the City Manager shall 1,200-1,400 $23.17 issue a license to the applicant upon the 1,400-1,600 $25.12 payment of ten dollars ($10.00). Such license 1,600-1,800 $27.05 shall be in effect for the remainder of the 1,800-2,000 $28.97 calendar year. The license shall be renewed 2,000-2,200 $30.91 every calendar year thereafter upon the 2,200-2,400 $32.82 payment of ten dollars ($10.00) unless the 2,400-2,600 $34.77 license for the preceding year is in suspension 2,600-2,800 $36.71 or has been revoked.” th 2,800-3,000 $38.68 Passed, approved and adopted this 9day of 3,000-3,500 $40.55 July, 2003. Over 3,500 (for each additional 500 heads or Terrance M. Duggan, Mayor fraction thereof $ 1.94 Attest: Jeanne Schneider, CMC, City Clerk th Passed, approved and adopted this 9 day of Published officially in the Telegraph Herald th July, 2003. newspaper this 14 day of July, 2003. /s/Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Attest: /s/Jeanne Schneider, CMC, City Clerk 1t 7/14 Published officially in the Telegraph Herald Buol moved that the requirement that a th Newspaper the 14 day of July, 2003. proposed Ordinance be considered and voted /s/Jeanne F. Schneider, CMC, City Clerk on for passage at two Council Meetings prior to 1t 7/14 the meeting at which it is to be finally passed be suspended and further moved final Special Session, July 9, 2003 209 TH consideration and passage of the Ordinance. Passed, approved and adopted this 9 day of Seconded by Michalski. Motion carried 7-0. July 2003. Terrance M. Duggan, Mayor An Ordinance Amending the City of Dubuque Attest: Jeanne F. Schneider, City Clerk Code of Ordinances Section 29-22(a)(b), Buol moved adoption of the Resolution. Business Requiring Annual Licenses, presented Seconded by Michalski. Motion carried 7-0. and read. RESOLUTION NO. 234-03 OFFICIAL PUBLICATION RESCINDING RESOLUTION NO. 92-01 AS IT ORDINANCE NO. 53-03 RELATES TO THE WAGE PLAN AND AN ORDINANCE AMENDING THE CITY OF COMPENSATION PACKAGE FOR NON- DUBUQUE CODE OF ORDINANCES SEC-BARGAINING UNIT EMPLOYEES FOR TION 29-22 (b), BUSINESSES REQUIRING FISCAL YEAR 2004 ANNUAL LICENSES Whereas, on March 6, 2001, the City Council NOW, THEREFORE, BE IT ORDAINED BY by resolution No. 92-01 approved a wage plan THE CITY COUNCIL OF THE CITY OF and compensation package for non-bargaining DUBUQUE, IOWA: unit employees for Fiscal Year 2004 to take Section 1. That Section 29-22(b) of the City of effect July 1, 2003; and Dubuque Code of Ordinances is hereby Whereas, on June 23, 2003, the City Council amended to read as follows: by resolution No. 212-03 delayed the Section 29-22(b). A nonrefundable fee of implementation of the plan until July 10, 2003; seventy-five dollars ($75.00) shall be collected and and all licenses shall expire on February 1 of Whereas, it has been recommended by City each year. Manager Michael C. Van Milligen that there be th Passed, approved and adopted this 9day of no wage increase in Fiscal Year 2004 for non- July, 2003. bargaining unit employees. /s/Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF Published officially in the Telegraph Herald DUBUQUE, IOWA: th Newspaper the 14 day of July, 2003. Section 1. That Resolution No. 92-01 as it /s/Jeanne F. Schneider, CMC, City Clerk applies to the Fiscal Year 2004 wage plan and 1t 7/14 compensation package for non-bargaining unit Buol moved that the requirement that a employees is hereby rescinded. th proposed Ordinance be considered and voted Passed, approved and adopted this 9 day of on for passage at two Council Meetings prior to July, 2003. the meeting at which it is to be finally passed be Terrance M. Duggan, Mayor suspended and further moved final Jeanne F. Schneider, City Clerk consideration and passage of the Ordinance. Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 233-03 Council stated their full support and RESCINDING RESOLUTION NO. 105-97 appreciation to the non-bargaining unit ESTABLISHING A SCHEDULE OF employees and stressed the importance of DEVELOPMENT SERVICES FEES AND reinstating the wage increase for the next fiscal ADOPTING IN LIEU THEREOF A NEW year. Council Member Nicholson asked for SCHEDULE OF DEVELOPMENT SERVICES consensus of the Council on consideration of FEES. instituting a utility franchise fee. Consensus was Whereas, the City Council of the City of reached and the City Manager was directed to Dubuque, Iowa establishes by resolution certain provide more detailed information on this fees for development services pursuant to the proposal for Council consideration. Zoning Ordinance and the Subdivision Regulations, as set forth in the attached Items held out for separate discussion: schedule of Planning and Zoning Fees NOW THEREFORE, BE IT RESOLVED BY City Manager’s Office – Council Member THE CITY COUNCIL OF THE CITY OF Michalski requested that the Wellness Program DUBUQUE, IOWA: be reinstated - consensus was not reached; Section 1. That Resolution No. 105-97 and its Council Member Michalski requested that Years Schedule of Fees is hereby rescinded. of Service Pins for employees who do not Section 2. That the attached Fee Schedule is receive one due to the current budget reduction hereby approved. receive pins next year – consensus was not Section 3. That the attached Fee Schedule reached. shall take effect on July 1, 2003. 210 Special Session, July 9, 2003 Engineering/Public Works – Elimination of Park Division – Elimination of Park Ranger Engineering Assistant II – By Council Position – After discussion, Markham moved consensus, this position was frozen, but not that action on this item be tabled to July 21, eliminated. 2003. Seconded by Michalski. Motion carried 7-0. Finance/Human Rights/Legal/Police Summer Interns – Council Member Michalski requested Police Department – Elimination of Positions – that all summer intern positions be reinstated Michalski moved that the positions in the Police through the regular Fiscal Year 2005 budget Department recommended for elimination be process; consensus was not reached on this retained, but subject to the hiring freeze. item. Seconded by Buol. Motion carried 7-0. Michalski stated she would like to look at the Fire Department – Elimination of Three Fire entire Police Department during the next Council Equipment Operator Positions – After goal setting session. considerable discussion, Michalski moved that action on this item be tabled to July 21, 2003 Transit Division – Retain at current and that staff be directed to work with the funding/service level – Council Member Dubuque Professional Firefighters’ Association Michalski recommended using the balance of to provide alternatives to the elimination of the Historic District Public Improvement Program positions. Seconded by Cline. Motion carried 7-budget in the amount of $139,449 to continue 0. the Keyline Transit budget at the current level. Council vote to retain the current Keyline budget Legal Department – Eliminate budgeted was: Yeas–Buol, Cline, Connors, Markham, amount for Education and Training – Upon Michalski, Nicholson; Nays – Duggan. Staff consensus of the Council this was retained in was directed to determine the funding source. the budget. Special Session, July 9, 2003 211 Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. There being no further business, Cline moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 11:03 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 7/18 Approved:__________________________2003 Adopted:___________________________2003 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk 212 Regular Session, July 21, 2003 DUBUQUE and read. Michalski moved that the communications be received and filed and CITY COUNCIL concurred. Seconded by Connors. Motion OFFICIAL carried 7-0. PROCEEDINGS Citizen Communications: Communication th City Council, Regular Session, July 21, 2003 from Sarah Davidson, 125 West 9, thanking the Council met in Regular Session at 6:30 P.M in Council for maintaining Keyline service on the Library Auditorium Saturdays and for maintaining the fare rates and communication from Eileen Sisler, 265 Cross Present: Mayor Duggan, Council Members Street, regarding the City’s budget concerns, Buol, Cline, Connors, Markham, Michalski, presented and read. Michalski moved that the Nicholson, City Manager Michael Van Milligen, communications be received and filed. Corporation Counsel Barry Lindahl. Seconded by Connors. Motion carried 7-0. Mayor Duggan read the call and stated this is East Central Intergovernmental Association a regular session of the City Council called for Administrative Contract: City Manager the purpose of discussing such matters which recommending approval of an administrative may properly come before the City Council. contract with East Central Intergovernmental Association for the demolition of three houses Invocation was given by Reverend Kristian on Old Mill Road which the City acquired under Kincaid, Our Redeemer Lutheran Church. the hazard mitigation grant contract, presented and read. Michalski moved that the Proclamation: Dubuque County Fair Week communication be received and filed and (July 22 – 27, 2003) received by Fair King Matt approved recommendation. Seconded by Simon and Fair Queen Beth Schlitzer Connors. Motion carried 7-0. CONSENT ITEMS Fireworks Request: Request of Dubuque Jaycees, KDTH, KATF and KGRR Radio to Minutes and Reports Submitted: City Council conduct a fireworks display on Saturday, July 3, of 7/1, 7/7, and 7/9; Civil Service Commission of 2004 on Volunteer Road between Hawthorne 4/7; Historic Preservation Commission of 6/19; and Lime and the closure of Hamilton, Kilgore Housing Code Appeals Board of 4/29; Human and East Roosevelt Extension, presented and Rights Commission of 6/9 and 6/25; Joint read. Michalski moved that the communication City/County Planning Committee of 6/18; Zoning be received and filed and approved request. Advisory Commission of 7/2, presented and Seconded by Connors. Motion carried 7-0. read. Michalski moved that the minutes and reports be received and filed. Seconded by Vessel Systems, Inc. Community Economic Connors. Motion carried 7-0. Betterment Account Loan: City Manager recommending approval of the Community Proofs of publication of City Council Economic Betterment Account Loan Agreement Proceedings of 6/23 and 7/1, presented and of $125,000 by and among the Iowa Department read. Michalski moved that the proofs be of Economic Development, Vessel Systems, and received and filed. Seconded by Connors. the City of Dubuque, presented and read. Motion carried 7-0. Michalski moved that the communication be received and filed. Seconded by Connors. Notice of Claims/Suits: Chris Barnhart for Motion carried 7-0. vehicle damage; Jodie L. Bauer for vehicle RESOLUTION NO. 236-03 damage; Candace Fuerst for personal injury; A RESOLUTION AUTHORIZING THE Lisa Imbus for personal injury; Gary Nauman for EXECUTION OF A COMMUNITY ECONOMIC vehicle damage; Mary Marcotte for vehicle BETTERMENT ACCOUNT LOAN AGREE- towing fees; Ronald L. Weitz for property damage, presented and read. Michalski moved MENT FOR ONE HUNDRED TWENTY-FIVE that the claims and suits be referred to the Legal THOUSAND DOLLARS ($125,000) WITH Staff for investigation and report. Seconded by VESSEL SYSTEMS, INC. Connors. Motion carried 7-0. Whereas, the Community Economic Betterment Account (CEBA) program has been Corporation Counsel recommending denial of created by the Iowa Department of Economic the claim of Gregg Liddle for vehicle damage Development to assist in the economic and Corporation Counsel recommending that development efforts of local jurisdictions; and the claim of Mark Friedenberger for vehicle Whereas, on June 19, 2003, the City of damage be referred to Selco, Inc., presented Dubuque, Iowa was awarded a one hundred Regular Session, July 21, 2003 213 twenty-five thousand dollar ($125,000) Whereas, based on said environmental review, loan/forgivable loan from the CEBA program by the Department of Housing and Community the Iowa Department of Economic Development; Development has determined that said project and will have no significant impact on the Whereas, the City of Dubuque, Iowa desires to environment; and assist Vessel Systems, Inc. in its efforts to Whereas, a combined notice of " Finding of No expand its operations in Dubuque and create Significant Impact on the Environment" and of new, permanent employment opportunities for "Intent to Request Release of Funds" for said local citizens; and project will be sent by regular mail to various Whereas, a CEBA Loan Agreement, hereto federal, state and local public agencies; to the attached and by this reference made a part appropriate Regional Office of the hereof, is to be executed between the Iowa Environmental Protection Agency, to the HUD Department of Economic Development, Vessel Area Office and to the local news media, Systems, Inc. and the City of Dubuque, Iowa. individuals and groups known to be interested NOW, THEREFORE, BE IT RESOLVED BY and believed to be appropriate to receive such a THE CITY COUNCIL OF THE CITY OF notice; and DUBUQUE, IOWA: Whereas, any and all comments received as a Section 1. That the Mayor and Corporation result of such notice will be duly considered Counsel be and they are hereby authorized and before proceeding with a Request for Release of directed to endorse, on behalf of the City Funds and Certification. Council of the City of Dubuque, Iowa, the NOW, THEREFORE, BE IT RESOLVED BY attached CEBA Loan Agreement. THE CITY COUNCIL OF THE CITY OF Section 2. That the City Manager be and he is DUBUQUE, IOWA: hereby authorized to disburse loan funds to Section 1. That the City Clerk be and is hereby Vessel Systems, Inc. from the CEBA program in authorized and directed to publish a combined accordance with the terms and conditions of the Notice of Finding of No Significant Impact on the executed Agreement. Environment and Notice of Intent to Request Passed, approved and adopted this 21st day Release of Funds for the Brewery Rehabilitation of July, 2003. Project and to make the Environmental Review Terrance M. Duggan, Mayor Record for said project available for public Attest: Jeanne F. Schneider, City Clerk inspection and comment until 8:00 am on Michalski moved adoption of the Resolution. August 11, 2003. Such notice shall be in the Seconded by Connors. Motion carried 7-0. form of Exhibit "A" attached hereto and made a part hereof. Brewery Rehabilitation Project: City Manager Section 2. That the environmental review recommending approval of a combined notice of record for the project shall be placed on file in finding of no significant impact on the the Office of the City Clerk where said record environment and notice of intent to request may be examined and copied by any interested release of funds for the Brewery Rehabilitation party. Project, presented and read. Michalski moved Section 3. That the Mayor of the City of that the communication be received and filed. Dubuque is hereby authorized and directed to Seconded by Connors. Motion carried 7-0. submit to the U.S. Department of Housing and Urban Development fifteen (15) days after RESOLUTION NO. 237-03 publication of appropriate notice a Request for A RESOLUTION AUTHORIZING PUBLICA- Release of Funds to undertake the said project. TION OF A COMBINED NOTICE OF FINDING Section 4. That the Mayor of the City of OF NO SIGNIFICANT IMPACT ON THE Dubuque is hereby authorized to consent to ENVIRONMENT AND NOTICE OF INTENT TO assume the status of a responsible federal REQUEST RELEASE OF FUNDS FOR THE official under the National Environmental BREWERY REHABILITATION PROJECT. Protection Act, insofar as the provisions of the Whereas, the City of Dubuque entered into a said Act apply to the U.S. Department of Community Development Block Grant Housing and Urban Development Agreement with the U.S. Department of Housing responsibilities for review, decision making, and and Urban Development, providing for financial action assumed and carried out by the City of assistance to the City under Title I of the Dubuque as to environmental issues. Housing and Community Development Act of Section 5. That the Mayor of the City of 1974, as amended; and Dubuque is hereby authorized to consent Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction Housing and Urban Development, an of the federal courts if an action is brought to environmental review has been processed for enforce responsibilities in relation to the Brewery Rehabilitation Project; and 214 Regular Session, July 21, 2003 RESOLUTION NO. 239-03 environmental review, decision-making and FINAL ESTIMATE action. Section 6. That the Mayor of the City of Whereas, the contract for the Operations and Dubuque be and he is hereby authorized and Maintenance Center’s Garage Roof Repair directed to execute a certification pertaining to Project has been completed and the Operations the environmental review procedures. and Maintenance Department Manager has st Passed, approved and adopted this 21 day of submitted his final estimate showing the cost July 2003. thereof including the cost of estimates, notices Terrance M. Duggan, Mayor and inspection and all miscellaneous costs; Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Michalski moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Connors. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the cost of said improvement Purchase of Service Agreement – Dubuque is hereby determined to be $25,165.53 and the Humane Society: City Manager recommending said amount shall be paid from the General approval of a Purchase of Service Agreement Fund of the City of Dubuque, Iowa. with Dubuque Humane Society in the amount of Passed, approved and adopted this 21st day $30,635, presented and read. Buol moved that of July, 2003. the communication be received and filed and Terrance M. Duggan, Mayor approved recommendation. Seconded by Attest: Jeanne F. Schneider, City Clerk Connors. Motion carried 7-0. Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Operations and Maintenance Center Roof Repair Project: City Manager recommending Civil Service Commission: Civil Service acceptance of the Operations and Maintenance Commission submitting the certified lists for the Center Roof Repair Project in the final contract positions of Fire Equipment Operator, Fire amount of $25,165.53 as completed by Prostruct Lieutenant, Fire Captain and Assistant Fire Construction, Inc., presented and read. Buol Chief. moved that the communication be received and filed. Seconded by Connors. Motion carried 7-July 8, 2003 0. Honorable Mayor and Members of the City Council RESOLUTION NO. 238-03 In accordance with Chapter 400 of the 2003 ACCEPTING IMPROVEMENT Code of Iowa, an examination for the position of Whereas, the contract for the Operations and Fire Equipment Operator was conducted on May Maintenance Center’s Garage Roof Repair 15, 2003. We hereby certify that the following Project has been completed and the City individuals have passed this written examination Manager has examined the work and filed his and the vacancy for this position should be certificate stating that the same has been made from this list and that this list is good for completed according to the terms of the two (2) years from above date. contract, plans and specifications and FIRE EQUIPMENT OPERATOR recommends it acceptance. Charles J. Blasen Kevin Esser NOW THEREFORE, BE IT RESOLVED BY Jerrod Atkinson Mike McMahon THE CITY COUNCIL OF THE CITY OF Kevin Schmitt Gary Weets DUBUQUE, IOWA: Respectfully submitted, Section 1. That the recommendation of the /s/ Merle Duehr, Chairperson City Manager be approved and that said /s/ Loras Kluesner improvement be and the same is hereby /s/ Richard Wertzberger accepted. Civil Service Commission BE IT FURTHER RESOLVED that the Finance Director be and he is hereby directed to pay to July 8, 2003 the contractor from the General Fund equal to Honorable Mayor and the amount of this contract, less any retained Members of the City Council percentage provided for therein. In accordance with Chapter 400 of the 2003 st Passed, approved and adopted this 21 day of Code of Iowa, an examination for the position of July, 2003. Fire Lieutenant was conducted on May 14, Terrance M. Duggan, Mayor 2003. We hereby certify that the following Attest: Jeanne F. Schneider, City Clerk individuals have passed this written examination Michalski moved adoption of the Resolution. and the vacancy for this position should be Seconded by Connors. Motion carried 7-0. made from this list and that this list is good for two (2) years from above date. FIRE LIEUTENANT Regular Session, July 21, 2003 215 Wayne Dow Larry Ewert McCann, City Development Board, advising that Michael W. Burds Charles J. Blasen the City of Dubuque objects to the five David T. McQuiggen Mark Murphy annexation applications filed by the City of Mike McMahon Robert C. Rehfeldt Sageville and requesting that the City Steve Berkley Gary A. Weets Development Board deny these applications, Respectfully submitted, presented and read. Michalski moved that the /s/ Merle Duehr, Chairperson communication be received and filed. Seconded /s/ Loras Kluesner by Connors. Motion carried 7-0. /s/ Richard Wertzberger Civil Service Commission Bill Miller Logging, Inc. – Minor Final Plat: Zoning Advisory Commission recommending July 8, 2003 approval of the minor final plat of Lot 1, Lot 2 Honorable Mayor and and Lot 3 of Miller Place located at the Members of the City Council northwest corner of Highway 61/151 in Dubuque In accordance with Chapter 400 of the 2003 County as requested by Bill and Mary Miller/Bill Code of Iowa, an examination for the position of Miller Logging, Inc., presented and read. Fire Captain was conducted on May 14, 2003. Michalski moved that the communication be We hereby certify that the following individuals received and filed. Seconded by Connors. have passed this written examination and the Motion carried 7-0. vacancy for this position should be made from RESOLUTION NO. 240-03 this list and that this list is good for two (2) years RESOLUTION APPROVING THE FINAL PLAT from above date. OF LOT 1, LOT 2 AND LOT 3 OF MILLER FIRE CAPTAIN PLACE IN DUBUQUE COUNTY, IOWA Mark Ludescher Michael K. Elliott Whereas, there has been filed with the City Mike McMahon Clerk a final plat of Lot 1, Lot 2 and Lot 3 of Mark Burkle Miller Place in Dubuque County, Iowa; and Respectfully submitted, Whereas, the final plat has been examined by /s/ Merle Duehr, Chairperson the Zoning Advisory Commission and has its /s/ Loras Kluesner approval endorsed thereon, with the waiver of /s/ Richard Wertzberger Article IV, Design and Improvement Standards Civil Service Commission of the Subdivision Regulations, except for Section 41-29; and July 8, 2003 Whereas, said final plat has been examined by Honorable Mayor and the City Council and they find that it conforms to Members of the City Council the statutes and ordinances relating thereto. In accordance with Chapter 400 of the 2003 NOW THEREFORE, BE IT RESOLVED BY Code of Iowa, an examination for the position of THE CITY COUNCIL OF THE CITY OF Assistant Fire Chief was conducted on May 15, DUBUQUE, IOWA: 2003. We hereby certify that the following Section 1. That the City Council hereby waives individuals have passed this written examination Article IV, Design and Improvement Standards and the vacancy for this position should be of the Subdivision Regulations, except Section made from this list and that this list is good for 42-19, Lots and Blocks. two (2) years from above date. Section 2. That the final plat of Lot 1, Lot 2 ASSISTANT FIRE CHIEF and Lot 3 of Miller Place in Dubuque County, James Imhoff Iowa, is hereby approved and the Mayor and Christopher J. Miller City Clerk are hereby authorized and directed to Eugene D. Hudek endorse the approval of the City of Dubuque, Respectfully submitted, Iowa, upon said subdivision plat. st /s/ Merle Duehr, Chairperson Passed, approved and adopted this 21 day of /s/ Loras Kluesner July 2003. /s/ Richard Wertzberger Terrance M. Duggan, Mayor Civil Service Commission Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Michalski moved that the above Civil Service Seconded by Connors. Motion carried 7-0. certifications be made a matter of record. Seconded by Connors. Motion carried 7-0. Link Acres – Final Plat: Zoning Advisory Commission recommending approval of the final City of Sageville Annexations: City Manager plat of Link Acres at the end of Wildlife Ridge in advising that the City Development Board has Dubuque County as requested by David and denied the City of Sageville annexation Judith Link, presented and read. Michalski applications and communication to Steve moved that the communication be received and 216 Regular Session, July 21, 2003 filed. Seconded by Connors. Motion carried 7-the Fiscal Year 2004 operating budget, as 0. amended. st Passed, approved and adopted this 21 day of RESOLUTION NO. 241-03 July, 2003 RESOLUTION APPROVING THE FINAL PLAT Terrance M Duggan, Mayor OF LINK ACRES IN DUBUQUE COUNTY, Attest: Jeanne F Schneider, CMC, City Clerk IOWA Michalski moved adoption of the Resolution. Whereas, there has been filed with the City Seconded by Connors. Motion carried 7-0. Clerk a final plat of Link Acres; and Whereas, the final plat has been examined by Environmental Protection Agency Cleanup the Zoning Advisory Commission and has its Grant Contract: City Manager recommending approval endorsed thereon, with the waiver of approval of a formal application to the U.S. Article IV, Design and Improvement Standards Environmental Protection Agency (EPA) for a of the Subdivision Regulations, except for $200,000 Brownfield Cleanup Grant for Section 41-29; and petroleum contamination cleanup in the Port of Whereas, said final plat has been examined by Dubuque and communication from the United the City Council and they find that it conforms to States Environmental Protection Agency (EPA) the statutes and ordinances relating thereto. advising that the City has been selected as one NOW THEREFORE, BE IT RESOLVED BY of the entities with whom EPA will pursue THE CITY COUNCIL OF THE CITY OF negotiations to award a cooperative agreement DUBUQUE, IOWA: for a cleanup grant in the Port of Dubuque area, Section 1. That the City Council hereby waives presented and read. Michalski moved that the Article IV, Design and Improvement Standards communications be received and filed. of the Subdivision Regulations, except Section Seconded by Connors. Motion carried 7-0. 42-19, Lots and Blocks. RESOLUTION NO. 243-03 Section 2. That the final plat of Link Acres is A RESOLUTION AUTHORIZING THE FILING hereby approved and the Mayor and City Clerk OF A FORMAL APPLICATION FOR A are hereby authorized and directed to endorse $200,000 BROWNFIELD CLEANUP GRANT the approval of the City of Dubuque, Iowa, upon WITH THE U. S. ENVIRONMENTAL PROTEC- said subdivision plat. TION AGENCY FOR CLEANUP ACTIVITIES IN Passed, approved and adopted this 21st day THE PORT OF DUBUQUE. of July, 2003. Terrance M. Duggan, Mayor Whereas, the City of Dubuque is interested in Attest: Jeanne F. Schneider, City Clerk promoting further economic development Michalski moved adoption of the Resolution. opportunities in the Port of Dubuque area in Seconded by Connors. Motion carried 7-0. order to retain and attract new job creating businesses to this community; and Rental Dwelling License Fee: City Manager Whereas, petroleum contaminated property in recommending approval of rental dwelling the Port of Dubuque may hinder further license fee increases as approved by the City investment in and development of key riverfront Council as part of the Fiscal Year 2004 budget property; and amendment, presented and read. Michalski Whereas, the U. S. Environmental Protection moved that the communication be received and Agency (EPA), through its Brownfield Cleanup filed. Seconded by Connors. Motion carried 7-Grant program, provides funds for the cleanup of 0. contaminated properties owned by municipalities; and RESOLUTION NO. 242-03 Whereas, the City of Dubuque has been RESOLUTION APPROVING AN INCREASE IN notified that it was selected to receive a THE RENTAL DWELLING LICENSE FEE $200,000 Cleanup Grant from the EPA. Whereas,due to a funding shortfall in the NOW, THEREFORE, BE IT RESOLVED BY Fiscal Year 2004 operating budget in the THE CITY COUNCIL OF THE CITY OF General Fund, an increase in the rental dwelling DUBUQUE, IOWA: license fee has been proposed. Section 1. That the City of Dubuque hereby NOW, THEREFORE, BE IT RESOLVED BY endorses the formal application to the U. S. THE CITY COUNCIL OF THE CITY OF Environmental Protection Agency for Brownfield DUBUQUE, IOWA: Cleanup Grant funding in the amount of Section 1. That the license fee for each rental $200,000 to cleanup petroleum contaminated unit in a rental dwelling be increased, from $8.50 property in the Port of Dubuque. to $9.00 per unit. Section 2. That the Mayor is authorized to Section 2. That this increase become effective sign, on behalf of the City Council, the upon action taken by the City Council to adopt application and required documentation for federal assistance. Regular Session, July 21, 2003 217 st Passed, approved and adopted this 21 day of Capital Improvement Program Project – July, 2003. Structural Assessment: City Manager Terrance M. Duggan, Mayor recommending approval of an addition to the Attest: Jeanne F. Schneider, City Clerk Airport’s Capital Improvement Program budget Michalski moved adoption of the Resolution. for a structural assessment for the Quonset and Seconded by Connors. Motion carried 7-0. shop building in the amount of $9,950, which will be 100% funded with a State grant, presented Settlement of Personal Injury Claim: Corpor-and read. Michalski moved that the ation Counsel recommending approval of a communication be received and filed and release of subrogation claim of the City for the approved recommendation. Seconded by personal injury claim of Shane O’Brien, Connors. Motion carried 7-0. presented and read. Michalski moved that the communication be received and filed and Small Community Air Service Development approved recommendation. Seconded by Pilot Program: Communication of the City Connors. Motion carried 7-0. Manager to Secretary Norman Mineta, US Department of Transportation, advising that the Bergfeld Farm Lease: City Manager City of Dubuque endorses the Dubuque recommending approval of a 3-year extension of Regional Airport’s grant application to the Small a farm lease with Kenneth and Janet Bergfeld Community Air Service Development Pilot with terms that allow the City the ability to Program, presented and read. Michalski moved terminate the lease at any time if the property is that the communication be received and filed needed for development purposes, presented and approved. Seconded by Connors. Motion and read. Michalski moved that the carried 7-0. communication be received and filed. Seconded by Connors. Motion carried 7-0. Iowa Department of Public Health: Communi- cation from the Iowa Department of Public RESOLUTION NO. 244-03 Health advising that they and the Association of RESOLUTION APPROVING A FARM LEASE State and Territorial Dental Directors have WITH KENNETH G. AND JANET M. recognized the City of Dubuque’s contribution to BERGFELD the dental public health of Iowa citizens, Whereas, the City Council of the City of presented and read. Michalski moved that the Dubuque, Iowa wishes to continue a Farm communication be received and filed. Seconded Lease with Kenneth G. and Janet M. Bergfeld by Connors. Motion carried 7-0. for certain property as described in the attached lease; and Mississippi on the River LLC: Corporation Whereas, it is the determination of this Council Counsel recommending approval of an Access that approval of the Farm Lease, according to and Indemnity Agreement with Mississippi on the terms and conditions set out in the attached the River LLC to do a photo shoot at the Shot Farm Lease, is in the public interest of the Tower, presented and read. Michalski moved citizens of the City of Dubuque. that the communication be received and filed NOW, THEREFORE, BE IT RESOLVED BY and approved recommendation. Seconded by THE CITY COUNCIL OF THE CITY OF Connors. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the attached Farm Lease by Business License Refund: Request of Donald and between the City of Dubuque and Kenneth B. Meyer, Main Street Caboose, Inc., for a G. and Janet M. Bergfeld is hereby approved. refund of his beer/liquor license in the amount of Section 2. That the Mayor is hereby authorized $211.25, presented and read. Michalski moved and directed to execute the Farm Lease on that the communication be received and filed behalf of the City and City Clerk is authorized and approved request. Seconded by Connors. and directed to attest to his signature. Motion carried 7-0. Section 3. That the City Manager is authorized to take such actions as are necessary to comply Business Licenses: with the terms of the Farm Lease as herein RESOLUTION NO. 245-03 approved. Passed, approved and adopted this 21st day NOW, THEREFORE, BE IT RESOLVED BY of July, 2003. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk That the following having complied with the Michalski moved adoption of the Resolution. provisions of law relating to the sale of Seconded by Connors. Motion carried 7-0. Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 218 Regular Session, July 21, 2003 3 RENEWALS That the Manager be authorized to cause to be Central Tap Myra Woodman issued the following named applicants a Liquor 1046 Central Av License. Denny’s Lux Club Beverly Larsen CLASS “C” BEER/LIQUOR LICENSE 3050 Asbury Rd House of China Co. House of China+ One Flight Up Nadine Bergin (Sunday Sale) 170 JFK Rd 44 Main St Mad Hatters, Inc Mad Hatters Passed, approved and adopted this 21st day 1091 Main St. of July, 2003. City of Dubuque Dubuque Five Flags Center+ Terrance M. Duggan, Mayor (Sunday Sale) 405 Main St Attest: Jeanne F. Schneider, City Clerk Carroll’s Wine Company Grape Harbor Michalski moved adoption of the Resolution. (Café Outdoor Service) 123 Main St Seconded by Connors. Motion carried 7-0. CLASS “B” WINE Mildred Dolter Basket Expressions RESOLUTION NO. 246-03 474 Bluff St Whereas, applications for Beer Permits have Passed, approved and adopted this 21st day been submitted and filed to this Council for of July, 2003. approval and the same have been examined Terrance M. Duggan, Mayor and approved: and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the premises to be occupied by Michalski moved adoption of the Resolution. such applicants were inspected and found to Seconded by Connors. Motion carried 7-0. comply with the Ordinances of the City and have ITEMS TO BE SET FOR PUBLIC HEARING filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Voluntary Annexation Request – Callahan DUBUQUE, IOWA: Construction: City Manager recommending that That the Manager be authorized to cause to be a public hearing be set for August 18, 2003 to issued the following named applicants a Beer consider a voluntary annexation request by Permit. Callahan Construction, Inc for forty acres of land CLASS “B” BEER (5 – DAY SPECIAL EVENT) on Seippel Road north of the Dubuque Industrial DBQ Area Labor Management DBQ Area Labor Center West, concurrent with rezoning, Management –Tent A Town Clock Plaza presented and read. Cline moved that the DBQ Area Labor Management DBQ Area Labor communication be received and filed and set for Management –Tent B Town Clock Plaza public hearing on 8/18/03 at a meeting to DBQ Area Labor Management DBQ Area Labor commence at 6:30 P.M. in the Public Library Management –Tent C Town Clock Plaza Auditorium and the City Clerk publish notice in CLASS “C” BEER PERMIT the manner prescribed by law. Seconded by Iowa Oil Company OCO Speede Shoppe # 2+ Nicholson. Motion carried 7-0. (Sunday Sale) 2335 University Av Mulgrew Oil Company AMOCO Food Shop+ Port of Dubuque Building Demolition and Site (Sunday Sale) 1450 Loras Blvd Clearance Project: City Manager recommending Passed, approved and adopted this 21st day initiation of the public bidding process for the of July, 2003. Port of Dubuque Logging Properties – Building Terrance M. Duggan, Mayor Demolition and Site Clearance Project and that Attest: Jeanne F. Schneider, CMC, City Clerk a public hearing be set for August 18, 2003, Michalski moved adoption of the Resolution. presented and read. Cline moved that the Seconded by Connors. Motion carried 7-0. communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 247-03 RESOLUTION NO. 248-03 Whereas, applications for Liquor Licenses PRELIMINARY APPROVAL OF have been submitted to this Council for approval PLANS AND SPECIFICATIONS and the same have been examined and approved; and NOW THEREFORE, BE IT RESOLVED BY Whereas, the premises to be occupied by such THE CITY COUNCIL OF THE CITY OF applicants were inspected and found to comply DUBUQUE, IOWA: with the State Laws and all City Ordinances That the proposed plans, specifications, form relevant thereto and they have filed proper of contract and estimated cost for the Port of bonds. Dubuque Logging Properties – Building NOW, THEREFORE, BE IT RESOLVED BY Demolition and Site Clearance Project in the THE CITY COUNCIL OF THE CITY OF estimated amount of $200,000 are hereby DUBUQUE, IOWA: approved and ordered filed in the office of the City Clerk for public inspection. Regular Session, July 21, 2003 219 st Passed, adopted and approved this 21 day of City of Dubuque, Iowa, which notice shall not be July, 2003. less than four days nor more than forty-five days Terrance M. Duggan, Mayor prior to the receipt of said bids at 2:00 p.m. on th Attest: Jeanne F. Schneider, CMC, City Clerk the 7 day of August, 2003. Bids shall be Cline moved adoption of the Resolution. opened and read by the City Clerk at said time Seconded by Nicholson. Motion carried 7-0. and will be submitted to the Council for final th action at 6:30 p.m. on the 18 day of August, RESOLUTION NO. 249-03 2003. st FIXING DATE OF HEARING Passed, adopted and approved this 21 day of ON PLANS AND SPECIFICATIONS July, 2003. Whereas, the City Council of the City of Terrance M. Duggan, Mayor Dubuque, Iowa has given its preliminary Attest: Jeanne F. Schneider, CMC, City Clerk approval on the proposed plans, specifications, Cline moved adoption of the Resolution. and form of contract and placed same on file in Seconded by Nicholson. Motion carried 7-0. the office of the City Clerk for public inspection BOARDS/COMMISSIONS of the Port of Dubuque Logging Properties – Building Demolition and Site Clearance Project. NOW THEREFORE, BE IT RESOLVED BY Applicants are invited to address the Council THE CITY COUNCIL OF THE CITY OF regarding their desire to serve on the following DUBUQUE, IOWA: Boards/Commissions: th That a public hearing will be held on the 18 COMMUNITY DEVELOPMENT ADVISORY day of August, 2003, at 6:30 p.m. in the Public COMMISSION (Two vacancies from Library Auditorium at which time interested Low/Moderate Income Area through 2/15/04 and persons may appear and be heard for or against 2/15/05): Applicant: David Oliver (Low/Moderate the proposed plans and specifications, form of Income Area). Mr. Oliver spoke requesting contract and cost of said improvement, and the consideration for appointment. City Clerk be and is hereby directed to cause a HOUSING COMMISSION (One unexpired 3- notice of time and place of such hearing to be year term through 8/17/05) Applicant:Gina published in a newspaper having general Bell, though unable to be in attendance, circulation in the City of Dubuque, Iowa, which conveyed interest in this position. notice shall be not less than four days nor more TRANSIT BOARD OF TRUSTEES (One 3- than twenty days prior to the day fixed for its year term through 7/30/06 – term of Bemis) consideration. At the hearing, any interested Applicant: Harry J. Bemis. No one spoke. person may appear and file objections to the PUBLIC HEARINGS proposed plans, specifications, contract, or estimated cost of the improvement. st Passed, adopted and approved this 21 day of Buol moved that the rules be suspended to July, 2003. allow anyone present to speak. Seconded by Terrance M. Duggan, Mayor Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. 605 West Locust and 2085, 2085½ Foye Seconded by Nicholson. Motion carried 7-0. Street – Request to Rezone: Proof of publication on notice of hearing to consider rezoning RESOLUTION NO. 250-03 property located at 605 West Locust and 2085, ORDERING BIDS 2085 ½ Foye Street from C-1 Neighborhood NOW THEREFORE, BE IT RESOLVED BY Commercial District and R-2A Alternate Two- THE COUNCIL OF THE CITY OF DUBUQUE, Family Residential District to C-2 Neighborhood IOWA: Shopping Center District at the request of That the Port of Dubuque Logging Properties – Christopher and Jennifer Spahn and Zoning Building Demolition and Site Clearance Project Advisory Commission recommending denial, is hereby ordered to be advertised for bids for and communication from Mrs. Marjorie Lee in construction. opposition to the proposed rezoning, presented BE IT FURTHER RESOLVED, that the amount and read. Buol moved that the proof and of the security to accompany each bid shall be in communications be received and filed. an amount which shall conform to the provisions Seconded by Connors. Motion carried 7-0. of the Notice to Bidders hereby approved as a Attorney Brian Kane, representing the part of the plans and specifications heretofore Spahn’s, requested approval of the Ordinance, adopted. stating conditions on the property, if necessary, That the City Clerk is hereby directed to would be accepted by them. advertise for bids for the construction of the Lindsay Engling, 1913 Ellis, as President of improvements herein provided, to be published Valley View Neighborhood Assn., spoke in favor in a newspaper having general circulation in the of the proposed rezoning. 220 Regular Session, July 21, 2003 Betty Lee of 427 1/2 West Fourth Street, Mrs. /s/Jeanne F. Schneider, CMC, City Clerk James Lee of 594 Almond, Jerry Pottebaum of 1t 7/25 659 W. Locust, John Plein of 667 W. Locust, Buol moved that the requirement that a Jennifer Welsh of 2119 Foye, and Cindy Welsh proposed Ordinance be considered and voted of 2119 Foye, all spoke objecting to the on for passage at two Council Meetings prior to passage of the Ordinance for the proposed strip the meeting at which it is to be finally passed be mall. suspended and further moved final consi- David Fisch, 406 Almond, spoke in support of deration and passage of the Ordinance. the project, stating there were 33 people at the Seconded by Connors. Motion carried 7-0. Neighborhood meeting and no one was opposed. Dan Roth of 1954 Ellis and Vincent 44 Main Street – Request to Rezone: Proof of Manders of 569 W. Locust, both spoke in favor publication on notice of hearing to consider of the project. rezoning property located at 44 Main Street from An Ordinance Amending Appendix A (the LI Light Industrial to C-4 Downtown Commercial Zoning Ordinance) of the City of Dubuque Code District at the request of Kevin Menning / K & C of Ordinances by reclassifying hereinafter Investments and Zoning Advisory Commission described property located at 605 West Locust recommending approval, presented and read. and 2085, 2085 ½ Foye Street from R-2A Michalski moved that the proof and Alternate Two-Family Residential District and C-communication be received and filed. Seconded 1 Neighborhood Commercial District to C-2 by Cline. Motion carried 7-0. Neighborhood Shopping Center District, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code OFFICIAL PUBLICATION of Ordinances by reclassifying hereinafter ORDINANCE NO. 54-03 described property located at 44 Main Street AN ORDINANCE AMENDING APPENDIX A from LI Light Industrial District to C-4 Downtown (THE ZONING ORDINANCE) OF THE CITY OF Commercial District, presented and read. DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI-OFFICIAL PUBLICATION BED PROPERTY LOCATED AT 605 W. ORDINANCE NO. 55-03 LOCUST AND 2085, 2085½ FOYE STREET AN ORDINANCE AMENDING APPENDIX A FROM R-2A ALTERNATE TWO-FAMILY (THE ZONING ORDINANCE) OF THE CITY OF RESIDENTIAL DISTRICT AND C-1 DUBUQUE CODE OF ORDINANCES BY NEIGHBORHOOD COMMERICAL DISTRICT RECLASSIFYING HEREINAFTER DESCRI- TO C-2 NEIGHBORHOOD SHOPPING BED PROPERTY LOCATED AT 44 MAIN CENTER DISTRICT STREET FROM LI LIGHT INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMER- NOW, THEREFORE, BE IT ORDAINED BY CIAL DISTRICT. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: NOW, THEREFORE, BE IT ORDAINED BY Section 1. That Appendix A (The Zoning THE CITY COUNCIL OF THE CITY OF Ordinance) of the City of Dubuque Code of DUBUQUE, IOWA: Ordinances is hereby amended by reclassifying Section 1. That Appendix A (The Zoning the hereinafter-described property from R-2A Ordinance) of the City of Dubuque Code of Alternate Two-Family Residential District and C-Ordinances is hereby amended by reclassifying 1 Neighborhood Commercial District to C-2 the hereinafter-described property from LI Light Neighborhood Shopping Center District to wit: Industrial District to C-4 Downtown Commercial Lot 1 of 6, Lot 1 of 1 of 7, south balance of Lot 2 District to wit: of 7 and Lot 2 of 1 of 7 Ellen Blakes Subdivision Lot 10A of the W ½ Block 1 Dubuque Harbor and to the centerline of the adjoining public right-Company Addition, Lots 13, 14 and 15 of W ½ of of-way, all in the City of Dubuque, Iowa. Block 1 Dubuque Harbor Company Addition, Section 2. The foregoing amendment has balance of W ½ Lot 12 Block 1 Dubuque Harbor heretofore been reviewed b the Zoning Advisory Company Addition, and to the centerline of the Commission of the City of Dubuque, Iowa. adjoining public right-of-way, all in the City of Section 3. This Ordinance shall take effect Dubuque, Iowa. immediately upon publication, as provided by Section 2. The foregoing amendment has law. heretofore been reviewed by the Zoning st Passed, approved and adopted this 21 day of Advisory Commission of the City of Dubuque, July, 2003. Iowa. /s/Terrance M. Duggan, Mayor Section 3. This Ordinance shall take effect Attest: /s/Jeanne F. Schneider, CMC, City Clerkimmediately upon publication, as provided by Published officially in the Telegraph Herald law. th Newspaper the 25 day of July, 2003. Regular Session, July 21, 2003 221 st Passed, approved and adopted this 21 day of NOW, THEREFORE, BE IT ORDAINED BY July, 2003. THE CITY COUNCIL OF THE CITY OF /s/Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: /s/ Jeanne F. Schneider, CMC, City ClerkSection 1. Appendix A (the Zoning Ordinance) Published officially in the Telegraph Herald of the City of Dubuque Code of Ordinances is th Newspaper the 25 day of July, 2003. hereby amended by amending by reclassifying /s/Jeanne F. Schneider, CMC, City Clerk the hereinafter described property from R-1 1t 7/25 Single-Family Residential District and R-3 Michalski moved that the requirement that a Moderate Density Multi-Family Residential proposed Ordinance be considered and voted District to PUD Planned Unit Development on for passage at two Council Meetings prior to District with a PR Planned Residential District the meeting at which it is to be finally passed be designation and adopting a conceptual suspended and further moved final development plan, a copy of which is attached to consideration and passage of the Ordinance. and made a part hereof, with conditions as: Seconded by Cline. Motion carried 7-0. As shown in Exhibit 1 and to the centerline of the adjoining public right-of-way, all in the City of Harvest Development - 4100 Asbury Road – Dubuque, Iowa. Request to Rezone: Proof of publication on Section 2. Pursuant to Iowa Code Section notice of hearing to consider rezoning property 414.5 (2001), and as an express condition of the located at 4100 Asbury Road from R-1 Single-reclassification, the undersigned property owner Family Residential District and R-3 Moderate agrees to the following conditions, all of which Density Multi-Family Residential District to PUD the property owner further agrees are Planned Unit Development District with a PR reasonable and imposed to satisfy the public Planned Residential District designation to allow needs that are caused directly by the zoning development of a 180-unit senior assisted living reclassification: housing complex and Zoning Advisory A. Use Regulations. Commission recommending approval, presented The following regulations shall apply to all uses and read. Buol moved that the proof and made of land in the above-described PUD communication be received and filed. District: Seconded by Michalski. Motion carried 7-0. 1) Principal permitted uses shall be limited to Marty McNamer, 1199 Hunter’s Ridge, of the 180 senior assisted living units. Harvest Development Group, spoke requesting 2) Accessory uses shall include any use passage of the Ordinance allowing the proposed customarily incidental and subordinate to the development. principal use it serves. An Ordinance Amending Appendix A (the B. Lot and Bulk Regulations. Zoning Ordinance) of the City of Dubuque Code Development of land in the PUD District shall be of Ordinances by reclassifying hereinafter regulated as follows: described property located north of Matthew 1) The proposed condominium development John Drive from R-1 Single-Family Residential shall be constructed in substantial compliance District and R-3 Moderate Multi-Family with the attached conceptual development plan. Residential District to PUD Planned Unit 2) Maximum building height shall be limited to Development District with a PR Planned 40 feet. Residential District designation and adopting a C. Performance Standards. Conceptual Development plan with conditions, The development and maintenance of uses in presented and read. this PUD District shall be established in conformance with Section 3-5.5 of the Zoning OFFICIAL PUBLICATION Ordinance and the following standards: ORDINANCE NO. 56-03 1) Adequate erosion control shall be provided AN ORDINANCE AMENDING APPENDIX A during all phases of construction. (THE ZONING ORDINANCE) OF THE CITY OF 2) Off-street parking shall be provided as DUBUQUE CODE OF ORDINANCES BY shown on the approved conceptual plan. RECLASSIFYING HEREINAFTER DESCRI- 3) Storm water control facilities will be BED PROPERTY LOCATED NORTH OF installed as per City Engineering requirements. MATTHEW JOHN DRIVE FROM R-1 SINGLE- 4) Final site development plans shall be FAMILY RESIDENTIAL DISTRICT AND R-3 submitted in accordance with Section 4-4 of the MODERATE DENSITY MULTI-FAMILY Zoning Ordinance prior to construction of any RESIDENTIAL DISTRICT TO PUD PLANNED buildings. UNIT DEVELOPMENT DISTRICT WITH A PR D. Open Space and Recreational Areas PLANNED RESIDENTIAL DISTRICT Open space and landscaping in the PUD District DESIGNATION AND ADOPTING A shall be regulated as follows: CONCEPTUAL DEVELOPMENT PLAN WITH Those areas not designated on the conceptual CONDITIONS development plan shall be maintained as open 222 Regular Session, July 21, 2003 rd space, as defined by Section 8 of the Zoning Dated in Dubuque, Iowa this 23 day of July, Ordinance by the property owner and/or 2003. association. /s/ Nino D. Pedreilli E. Sign Regulations. Published officially in the Telegraph Herald st Signs in the PUD District shall be regulated in Newspaper the 1 day of August, 2003. accordance with the R-3 sign regulations of the /s/Jeanne F. Schneider, CMC, City Clerk Zoning Ordinance. 1t 8/1 F. Transfer of Ownership. Buol moved that the requirement that a Transfer of ownership or lease of property in this proposed Ordinance be considered and voted PUD District shall include in the transfer or lease on for passage at two Council Meetings prior to agreement a provision that the purchaser or the meeting at which it is to be finally passed be lessee acknowledges awareness of the suspended and further moved final conditions authorizing the establishment of the consideration and passage of the Ordinance. district. Seconded by Michalski. Motion carried 7-0. G. Reclassification of Subject Property. The City of Dubuque, Iowa, may initiate zoning Sale of Real Property – 2521 Stafford Street: reclassification proceedings to the R-1 Single-Proof of publication on notice of hearing to Family Residential District and R-3 Moderate consider the sale of real estate at 2521 Stafford Density Multi-Family Residential District in Street to Kristy Monahan-Smith for the amount accordance with Section 6 of the Zoning of $71,500 and City Manager recommending Ordinance if the property owner fails to complete approval, presented and read. Connors moved or maintain any of the conditions of this that the proof and communication be received ordinance. and filed. Seconded by Cline. Motion carried 7- H. Modifications. 0. Any modifications of this Ordinance must be Kristy Monahan-Smith spoke requesting approved by the City Council in accordance with Council approve this disposition. zoning reclassification proceedings of Section 6 RESOLUTION NO. 251-03 of the Zoning Ordinance. RESOLUTION DISPOSING OF CITY-OWNED I. Recording. PROPERTY, SPECIFICALLY, LOT TWO (2) A copy of this ordinance shall be recorded at the OF LOT ONE (1) AND THE EAST ONE-HALF expense of the property owner(s) with the (E1/2) OF LOT FOUR (4) OF LOT TWO (2) Dubuque County Recorder as a permanent BOTH IN GEIGER’S SUBDIVISION IN THE record of the conditions accepted as part of this CITY OF DUBUQUE, COUNTY, DUBUQUE, reclassification approval. This ordinance shall IOWA ACCORDING TO THE RECORDED be binding upon the undersigned and his/her PLAT THEREOF; OTHERWISE KNOWN AS heirs, successors and assigns. 2521 STAFFORD STREET. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Whereas, pursuant to a notice, duly published Commission of the City of Dubuque, Iowa. in the Telegraph Herald newspaper, the City st Section 4. The foregoing amendment shall Council of Dubuque, Iowa, met on the 21 day take effect upon publication, as provided by law. of July 2003, at 6:30 p.m. in the Carnegie Stout stth Passed, approved and adopted this 21 day of Public Library Auditorium, 11 and Bluff Street, July, 2003. Dubuque, Iowa, to consider the proposal to /s/Terrance M. Duggan, Mayor dispose of City-owned real estate located at Attest: /s/Jeanne F. Schneider, CMC, City Clerk 2521 Stafford Street which property is legally ACCEPTANCE OF ORDINANCE NO. 56-03 described as follows: I, Marty McNamer, representing Harvest Lot Two (2) of Lot One (1) and the East One- Development Group, L.L.C., having read the Half (E1/2) of Lot Four (4) of Lot Two (2) both in terms and conditions of the foregoing Ordinance Geiger’s Subdivision in the City of Dubuque, No. 56-03 and being familiar with the conditions County, Dubuque, Iowa according to the thereof, hereby accept this same and agree to recorded plat thereof; otherwise known as 2521 the conditions required therein. Stafford Street. rd Dated in Dubuque, Iowa this 23 day of July, Whereas, such property is proposed to be sold 2003. to Kristy Monahan-Smith in consideration of /s/ Marty NcNamer Seventy One Thousand Five Hundred Dollars ACCEPTANCE OF ORDINANCE NO. 56-03 ($71,500); and I, Nino D. Pedrelli, representing Professional Whereas, the City Council of the City of Realty and Development Corporation having Dubuque, Iowa, has overruled any and all read the terms and conditions of the foregoing objections, oral and written, to the proposal to Ordinance No. 56-03 and being familiar with the dispose of the interest of the City of Dubuque, conditions thereof, hereby accept this same and Iowa, in the herein and above-named real estate agree to the conditions required therein. to the above-named grantee. Regular Session, July 21, 2003 223 st NOW, THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 21day of THE CITY COUNCIL OF THE CITY OF July 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the disposal of the interest of Attest: Jeanne F. Schneider, City Clerk the City of Dubuque in the above-described Michalski moved adoption of the Resolution. property to Kristy Monahan-Smith is hereby Seconded by Buol. Motion carried 7-0. approved. Section 2. That the Mayor be and he is hereby Markham moved that the rules be reinstated authorized and directed to execute a Quit Claim limiting discussion to the Council. Seconded by Deed and that the City Clerk be and she is Cline. Motion carried 7-0. hereby directed and authorized to deliver such ACTION ITEMS Deed, conveying the above described real estate to the above-named grantee. st Passed, approved and adopted this 21 day of East Dubuque Savings Bank – Site Plan July, 2003 Review: Zoning Advisory Commission Terrance M. Duggan, Mayor recommending approval of the site plan for East Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Savings Bank at the southwest corner Connors moved adoption of the Resolution. of Cedar Cross Road and Starlite Drive, Seconded by Cline. Motion carried 7-0. Michalski moved that the communication be received and filed and that the site plan be Cooper Development Loan Subordination approved. Seconded by Nicholson. Motion Agreement: Proof of publication on notice of carried 6-0 with Mayor Duggan abstaining. hearing to consider a Subordination Agreement with Dubuque Bank and Trust Company related Electrical Fee Ordinance: City Manager to the City’s mortgage interest associated with recommending approval of a revised fee Cooper Development Company’s Downtown schedule for electrical permits for new Rehabilitation Loan and City Manager commercial and industrial projects, presented recommending approval, presented and read. and read. Ordinance No. 57-03 Providing that Michalski moved that the proof and the Code of Ordinances, City of Dubuque, Iowa, communication be received and filed. be amended by revising the electrical permit fee Seconded by Buol. Motion carried 7-0. schedule for new commercial and industrial buildings for the City of Dubuque, Iowa, RESOLUTION NO. 252-03 presented and read. Buol moved that the RESOLUTION AUTHORIZING A SUBORDINA- communication be received and filed. Seconded TION AGREEMENT IN REGARD TO A by Michalski. Motion carried 7-0. MORTGAGE INTEREST IN CITY LOT 73 (EXCEPT THE SOUTHERLY 3 INCHES OFFICIAL PUBLICATION THEREOF) IN THE CITY OF DUBUQUE, ORDINANCE NO 57-03 DUBUQUE COUNTY, IOWAAN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF Whereas, pursuant to Resolution and ORDINANCES, CITY OF DUBUQUE, IOWA, published notice of time and place of hearing, BE AMENDED BY REVISING THE the City Council of the City of Dubuque, Iowa, ELECTRICAL PERMIT FEE SCHEDULE FOR met on July 21, 2003, to consider the proposal NEW COMMERCIAL AND INDUSTRIAL to dispose of interest in certain real estate by BUILDINGS FOR THE CITY OF DUBUQUE, executing a Subordination Agreement for a Real IOWA. Estate Mortgage filed August 3, 2001, as Instrument No. 12323-01, as to the following NOW, THEREFORE, BE IT ORDAINED BY described real estate: THE CITY COUNCIL OF THE CITY OF City Lot 73 (except the southerly 3 inches DUBUQUE, IOWA: thereof) in the City of Dubuque, Dubuque Section 1. That Section 18-2 of the Code of County, Iowa; and Ordinances of the City of Dubuque, Iowa be Whereas, the City Council overruled any and amended by amending Section 18-2, Article 82- all objections, oral or written, to dispose of 4 by adding the following after the fee schedule interests of the City of Dubuque, Iowa, in the for new residential buildings: above-described real estate. Article 82-4: NOW, THEREFORE, BE IT RESOLVED BY New Commercial Buildings. The following fees THE CITY COUNCIL OF THE CITY OF shall include all wiring and electrical equipment DUBUQUE, IOWA: in or on each building, or other electrical Section 1. That the Mayor and City Clerk are equipment on the same premises constructed at hereby authorized and directed to execute said the same time. The different areas of a multi- Subordination Agreement on behalf of the City tenant building shall be calculated according to of Dubuque, Iowa. their use. 224 Regular Session, July 21, 2003 RESOLUTION NO. 253-03 New Office Space. This may include, but is not RESOLUTION AUTHORIZING A GRANT limited to offices, banks, hotels, motels, APPLICATION TO THE IOWA DEPARTMENT showrooms, churches, stores, hospitals, OF NATURAL RESOURCES FOR REAP schools, arenas, convenience store, gas station, FUNDS FOR PYATIGORSK PARK theaters and restaurants. Square footage of mezzanines shall be included. Whereas, the City of Dubuque has identified Square Footage Fee Pyatigorsk Park as an important recreational America’s 1-25,000 $.05/square foot facility to be developed as part of the River 25,001-75,000 $1250.00 plus $.04/square Project; and foot for each square foot above 25,000. Whereas, the Iowa Department of Natural 75,001-200,000 $3250.00 plus $.03/square Resources has allocated grant funds in the foot for each square foot above 75,000. REAP (Resource Enhancement and Protection) 200,001-500,000 $7000.00 plus $.02/square Program for the development of public parks; foot for each square foot above 200,000. and 500,001 or more $13,000.00 plus $.01/square Whereas, the City of Dubuque has adopted a foot for each square foot above 500,000. Comprehensive Plan and a Riverfront Plan that New Industrial Space. This may include, but is include goals for development of public parks not limited to factories, printers, manufacturing, along the and Heritage Trail Riverfront System. fabrication, storage, binders, bottlers, repair NOW THEREFORE, BE IT RESOLVED BY garages, car washes, bulk fuel dispensing and THE CITY COUNCIL OF THE CITY OF warehouses. Square footage of mezzanines DUBUQUE, IOWA: shall be included. Section 1. The Mayor hereby is authorized to Square Footage Fee sign and the Planning Services Manager is 1-25,000 $.02/square foot hereby authorized to submit the resolution and 25,001-75,000 $500.00 plus $.01/square the application to the Iowa Department of foot for each square foot above 25,000. Natural Resources for REAP funds for 75,001-200,000 $1000.00 plus $.005/square Pyatigorsk Park. foot for each square foot above 75,000. Section 2. That in the event said application is 200,001-500,000 $1625.00 plus $.0025 / approved, the City Council hereby provides its square foot for each square foot above 200,000. written assurance that the completed project will 500,001 or more $2375.00 plus $.0005 / be adequately maintained for its intended use square foot for each square foot above 500,000. for a minimum of twenty (20) years following Section 2. When Effective. This Ordinance project completion. st shall take effect immediately upon publication as Passed, approved and adopted this 21 day of provided by law. July 2003. Passed, approved and adopted this 21stday Terrance M. Duggan, Mayor of July, 2003. Attest: Jeanne F. Schneider, City Clerk /s/Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution. Attest: /s/Jeanne F. Schneider, CMC, City Clerk Seconded by Cline. Motion carried 7-0. Published officially in the Telegraph Herald the th 25 day of July, 2003. Vendor Application Process: City Manager /s/Jeanne F. Schneider, CMC, City Clerk recommending approval of the criteria for use of 1t 7/25 public right-of-way for vending at the Port of Buol moved that the requirement that a Dubuque and Hawthorne Street Peninsula, proposed Ordinance be considered and voted presented and read. Cline moved that the on for passage at two Council Meetings prior to communication be received and filed and the meeting at which it is to be finally passed be recommendation approved. Seconded by suspended and further moved final Nicholson. Motion carried 7-0. consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. The following Agenda item was withdrawn at the request Fondell Excavating - Eagle Valley Resources Enhancement and Protection Subdivision: City Manager recommending (REAP) Program: City Manager recommending approval of assistance, with guarantees, to City Council approval of an updated REAP Plan, Fondell Excavating, Inc. to facilitate confirmation of a representative to the REAP development of Eagle Valley Subdivision, which committee, and approval of the Fiscal Year 2005 is a new subdivision of affordable owner- REAP grant application, presented and read. occupied housing along Roosevelt Road. Michalski moved that the communication be received and filed and that Council Member Fiscal Year 2004 Budget Amendment: City Joyce Connors be reappointed to the REAP Manager submitting information on the Fiscal Committee. Seconded by Cline. Motion carried Year 2004 budget amendment and utility 7-0. franchise fee and recommending that a public Regular Session, July 21, 2003 225 hearing be set for July 28, 2003 to consider that this item be denied and Historic adoption of a franchise fee, presented and read. Preservation Commission recommending Michalski moved that this be set for public approval of a request from the Langworthy hearing on Monday, 7/28/03, at a meeting to Neighborhood Association for funding in the commence at 6:00 P.M. in the Public Library amount of $5,930.40 from the Historic District Auditorium and that the City Clerk publish notice Public Improvement Program to install planters in the manner required by law. Seconded by in the public right-of-way in the Langworthy Markham. Motion carried 7-0. Historic District, presented and read. Buol moved that the communication be received and Jackson Park Historic District / Downtown filed and approved recommendation to deny. Neighborhood Council: Communication of the Seconded by Nicholson. Motion carried 7-0. City Manager requesting that this item be denied and Historic Preservation Commission Historic Preservation Commission: recommending approval of a request from the Communication of the City Manager requesting Downtown Neighborhood Council for funding in that this item be denied and Historic the amount of $15,905.80 from the Historic Preservation Commission recommending that District Public Improvement Program to install the City Council allocate $4,345.77 from the trash receptacles, park benches, planters and Historic District Public Improvement Program for street trees in Jackson Park and the public right-Engineering Department costs associated with of-way in the Jackson Park Historic District, the installation of historic district entry street presented and read. Buol moved that the signs in the public right-of-way, presented and communication be received and filed and read. Buol moved that the communication be approved recommendation to deny. Seconded received and filed and approved by Nicholson. Motion carried 7-0. recommendation to deny. Seconded by Nicholson. Motion carried 7-0. Historic Bluffs Neighborhood Association: COUNCIL MEMBER REPORTS Communication from the Historic Bluffs Neighborhood Association requesting that the Council reconsider pulling funding from the Nicholson stated his appreciation for the input existing Historic District Public Improvement and civility of individuals attending and speaking Program, presented and read. at the Public Hearing for the amended Budget Communication of the City Manager and also stated the new Grand River requesting that this item be denied and Conference Center is magnificent. Michalski Communication of the Historic Preservation thanked staff and also the Five Flags Staff for Commission recommending approval of a their work on the public hearing. request from the Historic Bluff Neighborhood Association for funding in the amount of There being no further business, Cline moved $86,032.50 from the Historic District Public to adjourn. Seconded by Markham. Motion Improvement Program to install historic street carried 7-0. The meeting adjourned at 8:43 lighting in the public right-of-way along Loras P.M. Boulevard from Bluff Street to Prairie Street, presented and read. Buol moved that the /s/ Jeanne F. Schneider, CMC communication be received and filed and City Clerk approved recommendation to deny. Seconded 1t 7/30 by Nicholson. Motion carried 7-0. Downtown Neighborhood Council: Communi- cation of the City Manager requesting that this item be denied and Historic Preservation Commission recommending approval of a request from the Downtown Neighborhood Council for funding in the amount of $12,155.03 from the Historic District Public Improvement Program to install brick paver sidewalks in the public right-of-way at 1105, 1470, 1472 and 1492 Locust Street, presented and read. Buol moved that the communication be received and filed and approved recommendation to deny. Seconded by Nicholson. Motion carried 7-0. Langworthy Neighborhood Association: Communication of the City Manager requesting 226 Regular Session, July 21, 2003 Approved:__________________________2003 Adopted:___________________________2003 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk Special Session, July 28, 2003 227 DUBUQUE FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE CITY COUNCIL Whereas, City of Dubuque Ordinance No. 58- OFFICIAL 93 (City of Dubuque Code of Ordinances PROCEEDINGS Appendix D), adopted by the City Council on the 4th day of October 1993, granted to Interstate City Council, Special Session, July 28, 2003 Power Company, its successors and assigns Council met in Special Session at 6:00 P.M. in (hereinafter referred to collectively as the the Library Auditorium Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate Present: Mayor Duggan, Council Members its electrical system within the limits of the City Buol, Cline, Connors, Markham, Michalski, of Dubuque; and Nicholson, City Manager Michael Van Milligen, Whereas, Ordinance No. 58-93 provides that Corporation Counsel Lindahl the City Council may, impose a franchise fee not to exceed three (3) percent of the gross revenue Mayor Duggan read the call and stated this is of the Company generated from the sale of a special session of the City Council called for electricity within the City of Dubuque; and the purpose of conducting a public hearing to Whereas, the City Council has determined that consider adoption of a Utility Franchise Fee. a franchise fee is in the best interests of the City of Dubuque. Michalski moved that the rules be suspended NOW, THEREFORE, BE IT ORDAINED BY to allow anyone present to speak. Seconded by THE CITY COUNCIL OF THE CITY OF Cline. Motion carried 7-0. DUBUQUE, IOWA: Section 1. Effective October 1, 2003 and for Utility Franchise Fee: Proof of publication on the term of the franchise granted by Ordinance notice of hearing to consider the adoption of a No. 58-93, there is hereby imposed upon the Utility Franchise Fee and City Manager Company a fee equal to two percent (2%) of the recommending approval, presented and read. gross revenue generated from the sale of Michalski moved that the communication be electricity within the City of Dubuque. received and filed. Seconded by Cline. Motion Section 2. The Company shall on the first day of carried 7-0. each month commencing November 1, 2003, Communications from citizens regarding the certify to the City Manager in a form acceptable proposed franchise fee, presented and read. to the City Manager records establishing the Michalski moved that the communications be gross revenues from the sale of electricity within received and filed. Seconded by Cline. Motion the City of Dubuque and shall pay the fee to the carried 7-0. City within thirty (30) days following the last day Joe Ertl, of Dyersville, spoke and objected to of the preceding month. the proposed franchise fee tax stating tax Section 3. The fee imposed by Sec. 1 shall revenue is being lost to other cities in the not apply to any sale of electricity by the county. Company that is exempt under Iowa Code § Randy Roy of the Police Protective 422.45 from the tax imposed by Iowa Code § Association spoke in support of the franchise 422.43 and in computing the amount of the fee, fee. the Company shall not include such sales, Michalski moved that the rules be reinstated unless it is impracticable to do so, in which event limiting discussion to the Council. Seconded by the City Manager may provide for a rebate of the Cline. Motion carried 7-0. amount of the fee for such exempt sales of electricity to the Company’s customers. th An Ordinance establishing a franchise fee of Passed, approved and adopted this 28 day of 2% of the gross revenue of Interstate Power July, 2003. Company, its successors and assigns, /s/Terrance M. Duggan, Mayor generated from the sale of electricity within the Attest: /s/Jeanne F. Schneider, CMC, City Clerk City of Dubuque, and authorizing exemptions or Published officially in the Telegraph Herald st rebates for certain properties, presented and Newspaper the 1 day of August, 2003. read. /s/Jeanne F. Schneider, CMC, City Clerk 1t 8/1 OFFICIAL PUBLICATION Michalski moved that the requirement that a ORDINANCE NO. 58-03 proposed Ordinance be considered and voted ESTABLISHING A FRANCHISE FEE OF TWO on for passage at two Council Meetings prior to PERCENT (2%) OF THE GROSS REVENUE the meeting at which it is to be finally passed be OF INTERSTATE POWER COMPANY, ITS suspended and further moved final SUCCESSORS AND ASSIGNS, GENERATED consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. 228 Special Session, July 28, 2003 An Ordinance establishing a franchise fee of which event the City Manager may provide for a two percent (2%) and the gross revenue of rebate of the amount of the fee for such exempt People’s Natural Gas Company, its successors sales of natural and mixed gas to the and assigns, generated from the sale of natural Company’s customers. th gas or mixed gas within the City of Dubuque, Passed, approved and adopted this 28 day of and authorizing exemptions or rebates for July, 2003. certain properties, presented and read. /s/Terrance M. Duggan, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION Published officially in the Telegraph Herald st ORDINANCE NO. 59-03 Newspaper the 1 day of August, 2003. ESTABLISHING A FRANCHISE FEE OF TWO /s/Jeanne F. Schneider, CMC, City Clerk PERCENT (2%) OF THE GROSS REVENUE 1t 8/1 OF PEOPLES NATURAL GAS COMPANY, ITS Michalski moved that the requirement that a SUCCESSORS AND ASSIGNS, GENERATED proposed Ordinance be considered and voted FROM THE DISTRIBUTION AND SALE OF on for passage at two Council Meetings prior to NATURAL GAS OR MIXED GAS WITHIN THE the meeting at which it is to be finally passed be CITY OF DUBUQUE suspended and further moved final Whereas, City of Dubuque Ordinance No. 43-consideration and passage of the Ordinance. 93 (City of Dubuque Code of Ordinances Seconded by Cline. Motion carried 6-0 with Appendix C), adopted by the City Council on the Markham abstaining. 19th day of July, 1993, granted to Peoples RESOLUTION NO. 254-03 Natural Gas Company, its successors and RESCINDING RESOLUTION NO. 212-03 AND assigns (hereinafter referred to collectively as RESOLUTION NO. 234-03 RELATING TO THE the Company), nonexclusive authority for a WAGE PLAN AND COMPENSATION PACK- period of twenty-five (25) years to maintain and AGE FOR NON-BARGAINING UNIT EMPLOY- operate its gas distribution system within the EES FOR FISCAL YEAR 2004 AND limits of the City of Dubuque; and REINSTATING THE WAGE PLAN AND Whereas, Ordinance No. 43-93 provides that COMPENSATION PACKAGE FOR FISCAL the City Council may, impose a franchise fee not YEAR 2004 to exceed three (3) percent of the gross revenue of the Company generated from the sale of Whereas, on March 6, 2001, the City Council natural and mixed gas within the City of by Resolution No. 92-01 approved a Wage Plan Dubuque; and and Compensation Package for non-bargaining Whereas, the City Council has determined that unit employees for Fiscal Year 2004 to take a franchise fee is in the best interests of the City effect July 1, 2003; and of Dubuque. Whereas, on June 23, 2003, the City Council NOW, THEREFORE, BE IT ORDAINED BY by Resolution No. 212-03 delayed the THE CITY COUNCIL OF THE CITY OF implementation of the Wage Plan and DUBUQUE, IOWA: Compensation Package until July 10, 2003; and Section 1. Effective October 1, 2003 and for Whereas, on July 9, 2003, the City Council by the term of the franchise granted by Ordinance Resolution No. 234-03 rescinded Resolution No. No. 43-93, there is hereby imposed upon the 92-01 which had approved the Wage Plan and Company a fee equal to two percent (2%) of the Compensation Package; and gross revenue generated from the sale of Whereas, it has been recommended by the natural and mixed gas within the City of City Manager that the Wage Plan and Dubuque. Compensation Package be reinstated. Section 2. The Company shall on the first day NOW, THEREFORE, BE IT RESOLVED BY of each month commencing November 1, 2003, THE CITY COUNCIL OF THE CITY OF certify to the City Manager in a form acceptable DUBUQUE, IOWA: to the City Manager records establishing the Section 1. That Resolution No. 212-03 and gross revenues from the sale of natural and Resolution No. 234-03 are hereby rescinded and mixed gas within the City of Dubuque for the the Wage Plan and Compensation Package for preceding month and shall pay the fee to the non-bargaining unit employees for Fiscal Year City within thirty (30) days following the last day 2004 to take effect July 1, 2003, as approved by of the preceding month. Resolution No. 92-01, is hereby reinstated. th Section 3. The fee imposed by Sec. 1 shall Passed, approved and adopted this 28 day of not apply to any sale of natural and mixed gas July, 2003. by the Company that is exempt under Iowa Terrance M. Duggan, Mayor Code § 422.45 from the tax imposed by Iowa Attest: Jeanne F. Schneider, City Clerk Code § 422.43 and in computing the amount of Michalski moved adoption of the Resolution. the fee, the Company shall not include such Seconded by Cline. Motion carried 7-0. sales, unless it is impracticable to do so, in Special Session, July 28, 2003 229 Michalski moved to approve the amendment to the Collective Bargaining Agreement between the Dubuque Professional Firefighters Association, Local #353, and the City of Dubuque. Seconded by Cline. Motion carried 7-0. There being no further business, Markham moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 6:33 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 8/6 Approved:__________________________2003 Adopted:___________________________2003 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk