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2003 September Council Proceedings Regular Session, September 2, 2003 265 DUBUQUE read. Buol moved that the claims and suits be received and filed and referred to the Legal Staff CITY COUNCIL for investigation and report. Seconded by OFFICIAL Markham. Motion carried 7-0. PROCEEDINGS Corporation Counsel advising that the City Council, Regular Session, Tuesday, following claim has been referred to Public Entity September 2, 2003 Risk Services of Iowa, the agent for the Iowa Council met in Regular Session at 6:30 P.M. in Communities Assurance Pool: Cassie Maiden the Library Auditorium for personal injury, presented and read. Buol moved that the communication be received and Present: Mayor Duggan, Council Members filed and concurred. Seconded by Markham. Buol, Cline, Connors, Markham, Michalski, Motion carried 7-0. Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Corporation Counsel recommending settlement of the claim of Gerald Brimeyer for Mayor Duggan read the call and stated this is vehicle damage and of Ronald Huntington for a regular session of the City Council called for vehicle damage and directing the Finance the purpose of discussing such matters which Director to issue payment, presented and read. may properly come before the City Council. Buol moved that the communications be received and filed and concurred. Seconded by Invocation was given by Reverend Kristian Markham. Motion carried 7-0. Kincaid, Our Redeemer Lutheran Church. City of Asbury – Voluntary Annexation Proclamation: Dragon Boat Festival Days Request Notice: Notification from the City of (September 6 and 7, 2003) received by Jean Asbury that a public hearing will be conducted McCallum. on September 5, 2003 on various voluntary annexation requests, presented and read. Buol Presentations: Audubon School Appreciation moved that the communication be received and Poster presented by Walt Pregler of the filed. Seconded by Markham. Motion carried 7- Community Development Advisory Commission 0. and Kay Helbing, Principal of Audubon School; National Mississippi River Museum and Amendment to Collective Bargaining Aquarium Grand Opening Commemorative Print Agreement with Professional Firefighter’s presented by Jerry Enzler of the Dubuque Association: City Manager recommending County Historical Society. approval of an amendment to the agreement between the City of Dubuque and the Dubuque CONSENT ITEMS Professional Firefighter’s Association, Local #353, presented and read. Buol moved that Minutes and Reports Submitted: Airport the communication be received and filed and Commission of 7/28; City Council of 8/18, 8/19, approved recommendation. Seconded by and 8/21; Community Development Advisory Markham. Motion carried 7-0. Commission of 6/25; Downtown Planning Committee of 8/18; Electrical Code Board of 8/4; Brewery Rehabilitation Project: City Manager Housing Commission of 7/22; Housing Code recommending approval of a resubmittal of Board of Appeals of 7/15; Human Rights combined notice of finding of no significant Commission of 7/14; Library Board of 6/18 and impact on the environment and notice of intent 6/26; Zoning Advisory Commission of 8/7, to request release of funds for the Brewery presented and read. Buol moved that the Rehabilitation Project, presented and read. Buol minutes be received and filed. Seconded by moved that the communication be received and Markham. Motion carried 7-0. filed. Seconded by Markham. Motion carried 7- 0. Proof of publication of City Council Proceedings of 8/4, presented and read. Buol RESOLUTION NO. 296-03 moved that the proof be received and filed. A RESOLUTION AUTHORIZING PUBLICA- Seconded by Markham. Motion carried 7-0. TION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE Notice of Claims/Suits: Elizabeth A. Fuerst vs. ENVIRONMENT AND NOTICE OF INTENT TO City of Dubuque; Brent Garbett for vehicle REQUEST RELEASE OF FUNDS FOR THE damage; Ronald Huntington for vehicle damage; BREWERY REHABILITATION PROJECT. Cassie Maiden for personal injury; Valerie A. Whereas, the City of Dubuque entered into a McNally for vehicle damage, presented and Community Development Block Grant 266 Regular Session, September 2, 2003 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 environmental review, decision-making and Whereas, based on said environmental review, action. the Department of Housing and Community Section 6. That the Mayor of the City of Development has determined that said project Dubuque be and he is hereby authorized and will have no significant impact on the directed to execute a certification pertaining to environment; and the environmental review procedures. nd Whereas, a combined notice of "Finding of No Passed, approved and adopted this 2 day of Significant Impact on the Environment" and of September, 2003. "Intent to Request Release of Funds" for said Terrance M. Duggan, Mayor project will be sent by regular mail to various Attest: Jeanne F. Schneider, City Clerk federal, state and local public agencies; to the Buol moved adoption of the Resolution. appropriate Regional Office of the Seconded by Markham. Motion carried 7-0. Environmental Protection Agency, to the HUD Area Office and to the local news media, Voluntary Annexation Agreement from Marilyn individuals and groups known to be interested Blake: City Manager submitting a voluntary and believed to be appropriate to receive such a annexation agreement received from Marilyn notice; and Blake, presented and read. Buol moved that the Whereas, any and all comments received as a communication be received and filed. Seconded result of such notice will be duly considered by Markham. Motion carried 7-0. before proceeding with a Request for Release of Funds and Certification. Fiscal Year 2004 Annual Action Plan – NOW, THEREFORE, BE IT RESOLVED BY Amendment #1: City Manager recommending THE CITY COUNCIL OF THE CITY OF approval of an amendment to the City’s Fiscal DUBUQUE, IOWA: Year 2004 Annual Action Plan related to the Section 1. That the City Clerk be and is hereby budgetary shortfall, presented and read. Buol authorized and directed to publish a combined moved that the communication be received and Notice of Finding of No Significant Impact on the filed. Seconded by Markham. Motion carried 7- Environment and Notice of Intent to Request 0. RESOLUTION NO. 297-03 Release of Funds for the Brewery Rehabilitation RESOLUTION APPROVING AMENDMENT 1 Project and to make the Environmental Review TO THE FISCAL YEAR 2004 (PROGRAM Record for said project available for public YEAR 2003) ANNUAL ACTION PLAN FOR inspection and comment until 8:00 am on COMMUNITY DEVELOPMENT BLOCK September 22, 2003. Such notice shall be in the GRANT FUNDS form of Exhibit "A" attached hereto and made a . part hereof. Whereas, the City of Dubuque has prepared Section 2. That the environmental review and filed with the U.S. Department of Housing record for the project shall be placed on file in and Urban Development an Annual Plan for the Office of the City Clerk where said record Fiscal Year 2004 (Program Year 2003), and may be examined and copied by any interested Whereas, the City now desires to amend said party. FY 2004 Annual Plan to allocate funds as per Section 3. That the Mayor of the City of the attached Exhibit A; and Dubuque is hereby authorized and directed to Whereas, said amendment is a non- submit to the U.S. Department of Housing and substantial amendment as provided in the City's Urban Development fifteen (15) days after Citizen Participation Plan and must therefore be publication of appropriate notice a Request for approved by resolution of the City Council after Release of Funds to undertake the said project. review by the Community Development Advisory Section 4. That the Mayor of the City of Commission; and Dubuque is hereby authorized to consent to Whereas, the Community Development assume the status of a responsible federal Advisory Commission reviewed the proposed official under the National Environmental amendment on June 25 2003 and August 13, Protection Act, insofar as the provisions of the 2003 and voted to approve said amendment said Act apply to the U.S. Department of and to recommend approval by the City Council. Housing and Urban Development Regular Session, September 2, 2003 267 NOW THEREFORE, BE IT RESOLVED BY communication be received and filed. Seconded THE CITY COUNCIL OF THE CITY OF by Markham. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That Amendment 1 to the Fiscal City Manager Employment Agreement: Year 2004 (Program Year 2003) Annual Plan for Submittal of the Twelfth Amendment to the City the Community Development Block Grant Manager’s Employment Agreement for approval, (CDBG) program hereto attached as Exhibit A is presented and read. Buol moved that the hereby approved. communication be received and filed and Section 2. That the City Manager is hereby approved the Agreement. Seconded by authorized and directed to submit a copy of this Markham. Motion carried 7-0. resolution to the U. S. Department of Housing and Urban Development. Certified Local Government Grant – Phase V Passed, approved and adopted this 2nd day of Architectural / Historic Survey: Historic September, 2003. Preservation Commission recommending Terrance M. Duggan, Mayor approval of the submission of an application to Attest: Jeanne F. Schneider, City Clerk the State Historic Preservation Office (SHPO) Buol moved adoption of the Resolution. for a Certified Local Government (CLG) grant to Seconded by Markham. Motion carried 7-0. conduct Phase V of the architectural/historic survey of the community, presented and read. Confined Space Fee: City Manager Buol moved that the communication be received recommending approval of a fee for confined and filed. Seconded by Markham. Motion space rescue service of $500 per year for each carried 7-0. facility with a confined space rescue agreement RESOLUTION NO. 299-03 with the City of Dubuque, presented and read. RESOLUTION AUTHORIZING THE SUBMIS- Buol moved that the communication be received SION OF AN APPLICATION FOR CERTIFIED and filed. Seconded by Markham. Motion LOGAL GOVERNMENT (CLG) PROGRAM carried 7-0. FUNDING TO CONDUCT PHASE V OF THE RESOLUTION NO. 298-03 ARCHITECTURAL / HISTORIC SURVEY ESTABLISHING THE ANNUAL FEE FOR Whereas, the State Historical Society of Iowa CONFINED SPACE RESCUE SERVICES has announced the availability of Certified Local Whereas, The Confined Space Standard under Government Program (CLG) grant funds; and the Occupational Safety and Health Act requires Whereas, the evaluation and survey of facilities having confined spaces to provide on-properties are eligible activities for CLG funding; site or off-site rescue service; and and Whereas, some facilities in the City of Whereas, the State Historical Society has Dubuque intend to utilize the Dubuque Fire advised that an architectural/historic survey is Department as their off-site rescue service; and necessary for the renewal of a Memorandum of Whereas, rescue service requires additional Agreement between the State and City for the preparation, planning and training of the Fire purposes of conducting local Section 106 Department’s technical rescue team. reviews; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City of Dubuque Historic THE CITY COUNCIL OF THE CITY OF Preservation Commission has reviewed and DUBUQUE, IOWA: endorsed the proposed Phase V of the Section 1. The fee for confined space rescue architectural/historic survey. service is established as $500.00 per year for NOW THEREFORE, BE IT RESOLVED BY each facility with a confined space rescue THE CITY COUNCIL OF THE CITY OF agreement with the City of Dubuque. DUBUQUE, IOWA: Section 2. This fee schedule shall take effect Section 1. That the submission of an on July 1, 2003. application for CLG funds to conduct Phase V of Passed, approved and adopted this 2nd day of the architectural/historic survey is hereby September, 2003. authorized. Terrance M. Duggan, Mayor Section 2. That the Planning Services Attest: Jeanne F. Schneider, City Clerk Manager is hereby authorized to sign the Buol moved adoption of the Resolution. contract with and submit requests for Seconded by Markham. Motion carried 7-0. reimbursements to the State Historical Society of Iowa for CLG funds to conduct Phase V of the Asbury Plaza Drainage/Soil Erosion Issue: architectural/historic survey. Communication from Werner Hellmer regarding Section 3. That the Planning Services the Asbury Plaza Drainage/Soil Erosion Issue, Manager is authorized to utilize budgeted presented and read. Buol moved that the Community Development Block Grant Funds to provide the required local match if the CLG 268 Regular Session, September 2, 2003 application is approved by the State Historical Terrance M. Duggan, Mayor Society of Iowa. Attest: Jeanne F. Schneider, City Clerk Section 4. That the City of Dubuque agrees to Buol moved adoption of the Resolution. abide by all local, state and federal requirements Seconded by Markham. Motion carried 7-0. applicable to the proposed project. nd Passed, approved and adopted this 2 day of Deployed Soldiers: Council Member Nicholson September, 2003. submitting a picture of deployed soldiers holding Terrance M. Duggan, Mayor the Dubuque flag, presented and read. Michalski Attest: Jeanne F. Schneider, City Clerk moved that the communication be received and Buol moved adoption of the Resolution. filed. Seconded by Connors. Motion carried 7- Seconded by Markham. Motion carried 7-0. 0. Certified Local Government Grant – Historic Business Licenses: Preservation Symposium: Historic Preservation RESOLUTION NO. 301-03 Commission recommending approval of the submission of an application to the State Historic NOW, THEREFORE, BE IT RESOLVED BY Preservation Office (SHPO) for a Certified Local THE CITY COUNCIL OF THE CITY OF Government (CLG) grant to conduct an historic DUBUQUE, IOWA: preservation symposium, presented and read. That the following having complied with the Buol moved that the communication be received provisions of law relating to the sale of and filed. Seconded by Markham. Motion Cigarettes within the City of Dubuque, Iowa, be carried 7-0. granted a permit to sell Cigarettes and Cigarette Papers within said City. RESOLUTION NO. 300-03 NEW RESOLUTION AUTHORIZING THE SUBMIS- JMS Investments Clark SION OF AN APPLICATION FOR CERTIFIED 700 Rhomberg Ave nd LOGAL GOVERNMENT (CLG) PROGRAM Passed, approved and adopted this 2 day of FUNDING TO CONDUCT AN HISTORIC September, 2003. PRESERVATION SYMPOSIUM. Terrance M. Duggan, Mayor Whereas, the State Historical Society of Iowa Attest: Jeanne F. Schneider, CMC, City Clerk has announced the availability of Certified Local Buol moved adoption of the Resolution. Government Program (CLG) grant funds; and Seconded by Markham. Motion carried 7-0. Whereas, public education workshops, RESOLUTION NO. 302-03 conferences, and meetings are eligible activities for CLG funding; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City of Dubuque Historic THE CITY COUNCIL OF THE CITY OF Preservation Commission has reviewed and DUBUQUE, IOWA: endorsed the proposed historic preservation That the following having complied with the symposium. provisions of law relating to the sale of NOW THEREFORE, BE IT RESOLVED BY Cigarettes within the City of Dubuque, Iowa, be THE CITY COUNCIL OF THE CITY OF granted a permit to sell Cigarettes and Cigarette DUBUQUE, IOWA: Papers within said City. Section 1. That the submission of an RENEWAL application for CLG funds to conduct an historic Jumpers Sports Bar/Grill Jumpers Sports Bar preservation symposium is hereby authorized. / Grill 2600 Dodge St nd Section 2. That the Planning Services Passed, approved and adopted this 2 day of Manager is hereby authorized to sign the September, 2003. contract with and submit requests for Terrance M. Duggan, Mayor reimbursements to the State Historical Society Attest: Jeanne F. Schneider, CMC, City Clerk of Iowa for CLG funds to conduct an historic Buol moved adoption of the Resolution. preservation symposium. Seconded by Markham. Motion carried 7-0. Section 3. That the Planning Services RESOLUTION NO. 303-03 Manager is authorized to utilize budgeted Community Development Block Grant Funds to Whereas, applications for Beer Permits have provide the required local match if the CLG been submitted and filed to this Council for application is approved by the State Historical approval and the same have been examined Society of Iowa. and approved: and Section 4. That the City of Dubuque agrees to Whereas, the premises to be occupied by abide by all local, state and federal requirements such applicants were inspected and found to applicable to the proposed project. comply with the Ordinances of the City and have nd Passed, approved and adopted this 2 day of filed proper bonds. September, 2003. Regular Session, September 2, 2003 269 NOW, THEREFORE, BE IT RESOLVED BY process for the Port of Dubuque Parking Lot THE CITY COUNCIL OF THE CITY OF Renovation and Resurfacing Project and setting DUBUQUE, IOWA: a public hearing for October 6, 2003, presented That the Manager be authorized to cause to be and read. Cline moved that the issued the following named applicants a Beer communication be received and filed. Seconded Permit. by Nicholson. Motion carried 7-0. CLASS “C” BEER PERMIT RESOLUTION NO. 305-03 Family Mart, Inc. Family Mart+ PRELIMINARY APPROVAL OF (Sunday Sale) 3201 Central PLANS AND SPECIFICATIONS Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 2255 Kerper NOW THEREFORE, BE IT RESOLVED BY Rainbo Oil Company Kwik Stop Food Mart+ THE CITY COUNCIL OF THE CITY OF (Sunday Sale) 2360 Central DUBUQUE, IOWA: Mulgrew Oil Company Asbury AMOCO+ That the proposed plans, specifications, form (Sunday Sale) 3300 Asbury of contract and estimated cost for the Port of JMS Investments LLC Clark+ Dubuque Parking Lot Renovation & Resurfacing (Sunday Sale) 700 Rhomberg Project, in the estimated amount $558,364.28 Passed, approved and adopted this 2nd day of are hereby approved and ordered filed in the September, 2003. office of the City Clerk for public inspection. nd Terrance M. Duggan, Mayor Passed, adopted and approved this 2 day of Attest: Jeanne F. Schneider, CMC, City Clerk September, 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 Cline moved adoption of the Resolution. RESOLUTION NO. 304-03 Seconded by Nicholson. Motion carried 7-0. Whereas, applications for Liquor Licenses RESOLUTION NO. 306-03 have been submitted to this Council for approval FIXING DATE OF HEARING and the same have been examined and ON PLANS AND SPECIFICATIONS approved; and Whereas, the premises to be occupied by such Whereas, the City Council of the City of applicants were inspected and found to comply Dubuque, Iowa has given its preliminary with the State Laws and all City Ordinances approval on the proposed plans, specifications, relevant thereto and they have filed proper and form of contract and placed same on file in bonds. the office of the City Clerk for public inspection NOW, THEREFORE, BE IT RESOLVED BY of the Port of Dubuque Parking Lot Renovation THE CITY COUNCIL OF THE CITY OF & Resurfacing Project. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY That the Manager be authorized to cause to be THE CITY COUNCIL OF THE CITY OF issued the following named applicants a Liquor DUBUQUE, IOWA: th License. That a public hearing will be held on the 6 SPECIAL CLASS “C” LIQUOR day of October, 2003, at 6:30 p.m. in the Public Legion-Aires Drum & Bugle Corp Library Auditorium at which time interested Colts Community Center+ persons may appear and be heard for or against (Sunday Sale) 1101 Central the proposed plans and specifications, form of CLASS B (WINE) PERMIT contract and cost of said improvement, and the Family Mart, Inc Family Mart City Clerk be and is hereby directed to cause a 3201 Central notice of time and place of such hearing to be CLASS “B” NATIVE WINE PERMIT published in a newspaper having general Amy Boynton The Mandolin Inn circulation in the City of Dubuque, Iowa, which 199 Loras notice shall be not less than four days nor more Passed, approved and adopted this 2nd day of than twenty days prior to the day fixed for its September, 2003. consideration. At the hearing, any interested Terrance M. Duggan, Mayor person may appear and file objections to the Attest: Jeanne F. Schneider, CMC, City Clerk proposed plans, specifications, contract, or Buol moved adoption of the Resolution. estimated cost of the improvement. nd Seconded by Markham. Motion carried 7-0. Passed, adopted and approved this 2 day of September, 2003. ITEMS TO BE SET FOR PUBLIC HEARING Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Lot Renovation and Cline moved adoption of the Resolution setting Resurfacing Project – Initiate: City Manager hearing for 10/6/03 at a meeting to commence at recommending initiation of the public bidding 6:30 P.M. in the public library auditorium and 270 Regular Session, September 2, 2003 that the City Clerk publish notice in the manner ordered filed in the office of the City Clerk for prescribed by law. Seconded by Nicholson. public inspection. nd Motion carried 7-0. Passed, adopted and approved this 2 day of September, 2003. RESOLUTION NO. 307-03 Terrance M. Duggan, Mayor ORDERING BIDS Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE COUNCIL OF THE CITY OF DUBUQUE, Seconded by Nicholson. Motion carried 7-0. IOWA: RESOLUTION NO. 309-03 That the Port of Dubuque Parking Lot FIXING DATE OF HEARING Renovation & Resurfacing Project is hereby ON PLANS AND SPECIFICATIONS ordered to be advertised for bids for construction. Whereas, the City Council of the City of BE IT FURTHER RESOLVED, that the amount Dubuque, Iowa has given its preliminary of the security to accompany each bid shall be in approval on the proposed plans, specifications, an amount which shall conform to the provisions and form of contract and placed same on file in of the Notice to Bidders hereby approved as a the office of the City Clerk for public inspection part of the plans and specifications heretofore of the Carter Road Detention Basin Project. adopted. NOW THEREFORE, BE IT RESOLVED BY That the City Clerk is hereby directed to THE CITY COUNCIL OF THE CITY OF advertise for bids for the construction of the DUBUQUE, IOWA: th improvements herein provided, to be published That a Public Hearing will be held on the 6 in a newspaper having general circulation in the day of October, 2003, at 6:30 p.m. in the Public City of Dubuque, Iowa, which notice shall not be Library Auditorium at which time interested less than four days nor more than forty-five days persons may appear and be heard for or against prior to the receipt of said bids at 2:00 p.m. on the proposed plans and specifications, form of th the 25 day of September, 2003. Bids shall be contract and cost of said improvement, and the opened and read by the City Clerk at said time City Clerk be and is hereby directed to cause a and will be submitted to the Council for final notice of time and place of such hearing to be th action at 6:30 p.m. on the 6 day of October, published in a newspaper having general 2003. circulation in the City of Dubuque, Iowa, which Passed, adopted and approved this 2nd day of notice shall be not less than four days nor more September, 2003. than twenty days prior to the day fixed for its Terrance M. Duggan, Mayor consideration. At the hearing, any interested Attest: Jeanne F. Schneider, CMC, City Clerk person may appear and file objections to the Cline moved adoption of the Resolution. proposed plans, specifications, contract, or Seconded by Nicholson. Motion carried 7-0. estimated cost of the improvement. nd Passed, adopted and approved this 2 day of Carter Road Detention Basin Construction September, 2003. Project – Initiate: City Manager recommending Terrance M. Duggan, Mayor initiation of the public bidding process for the Attest: Jeanne F. Schneider, CMC, City Clerk Carter Road Detention Basin Construction Cline moved adoption of the Resolution setting Project and setting a public hearing for October hearing for 10/6/03 at a meeting to commence at 6, 2003 and approval of a letter to the Iowa 6:30 P.M. in the public library auditorium and Department of Natural Resources asking for an that the City Clerk publish notice in the manner “out-of-order” review of the plans and prescribed by law. Seconded by Nicholson. specifications for the project, presented and Motion carried 7-0. read. Cline moved that the communications be RESOLUTION NO. 310-03 received and filed. Seconded by Nicholson. ORDERING BIDS Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 308-03 THE COUNCIL OF THE CITY OF DUBUQUE, PRELIMINARY APPROVAL OF IOWA: PLANS AND SPECIFICATIONS That the Carter Road Detention Basin Project NOW THEREFORE, BE IT RESOLVED BY THE is hereby ordered to be advertised for bids for CITY COUNCIL OF THE CITY OF DUBUQUE, construction. IOWA: BE IT FURTHER RESOLVED, that the amount That the proposed plans, specifications, form of the security to accompany each bid shall be in of contract and estimated cost for the Carter an amount which shall conform to the provisions Road Detention Basin Project, in the estimated of the Notice to Bidders hereby approved as a amount $1,105,849.00 are hereby approved and part of the plans and specifications heretofore adopted. Regular Session, September 2, 2003 271 That the City Clerk is hereby directed to Whereas, pursuant to resolution and published advertise for bids for the construction of the notice of time and place of hearing, published in improvements herein provided, to be published the Telegraph Herald, a newspaper of general in a newspaper having general circulation in the circulation published in the City of Dubuque, nd City of Dubuque, Iowa, which notice shall not be Iowa on this 22 day of August, 2003, the City less than four days nor more than forty-five days Council of the City of Dubuque, Iowa met on the nd prior to the receipt of said bids at 2:00 p.m. on 2 day of September, 2003, at 6:30 p.m. in the th the 30 day of September, 2003. Bids shall be Public Library Auditorium, 360 West 11 Street, opened and read by the City Clerk at said time Dubuque, Dubuque County, Iowa to consider and will be submitted to the Council for final the proposal for the sale of real estate described th action at 6:30 p.m. on the 6 day of October, as: 2003. Lot 6A of Finley Home Addition in the City of nd Passed, adopted and approved this 2 day of Dubuque, Iowa September, 2003. Whereas, the City Council of the City of Terrance M. Duggan, Mayor Dubuque, Iowa overruled any and all objections, Attest: Jeanne F. Schneider, CMC, City Clerk oral or written to the proposal to sell such real Cline moved adoption of the Resolution. estate, except for easement as noted. Seconded by Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOARDS/COMMISSIONS DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque Applicants are invited to address the Council real property described as Lot 6A of Finley regarding their desire to serve on the following Home Addition in the City of Dubuque, Iowa to Commission: The Finley Hospital be and the same is hereby HOUSING ADVISORY TRUST FUND approved for the sum of $3,375.00 plus cost of COMMITTEE (One 3-year term through 9/8/06 – publication, platting and filing fees. Conveyance Term of Hingtgen) Applicant:Doris M. shall be by Quit Claim Deed. Hingtgen. No one spoke. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the PUBLIC HEARINGS City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Michalski moved to suspend the rules to allow The Finley Hospital upon receipt of the purchase anyone present to speak. Seconded by price in full. Connors. Motion carried 7-0. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified West Fifth Street – Request to Vacate: Proof copy of this resolution in the offices of the City of publication on notice of hearing to consider a Assessor, Dubuque County Recorder and request from The Finley Hospital to vacate an Dubuque County Auditor. nd alley southwest of West Fifth Street and City Passed, approved and adopted this 2 day of Manager recommending approval, presented September, 2003. and read. Markham moved that the proof and Terrance M. Duggan, Mayor communication be received and filed. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Cline. Motion carried 7-0. Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 311-03 RESOLUTION DISPOSING OF CITY Fiscal Year 2004 Budget Amendment: Proof INTEREST IN LOT 6A OF FINLEY HOME of publication on notice of hearing to consider a ADDITION IN THE CITY OF DUBUQUE, IOWA second amendment to the Fiscal Year 2004 budget, presented and read. Cline moved that the proof of publication be received and filed. Seconded by Connors. Motion carried 7-0. No one spoke concerning the proposed budget amendment. 272 Regular Session, September 2, 2003 . Cline moved adoption of the Resolution. Sanitary Sewer Connection Ordinance Seconded by Connors. Motion carried 7-0. Revision and Policy: City Manager recommending approval of a change to the Markham moved that the rules be reinstated Sanitary Sewer Connection Ordinance and limiting discussion to the Council. Seconded by Policy which would give the City Manager the Cline. Motion carried 7-0. option to exempt a property from the requirement of connecting to the public sewer if ACTION ITEMS the connection were not practical, presented and read. Buol moved that the communication be Purchase of Trolley Replicas: City Manager received and filed. Seconded by Connors. recommending approval of an agreement with Motion carried 7-0. Optima Bus Corporation to purchase two American Heritage Streetcars at a total cost of An Ordinance Amending the City of Dubuque $540,716 to be used for the looped shuttle Code of Ordinances Chapter 44 Section 44-55 service programmed for the Port of Dubuque Abandonment of Private On-Site Sewage and downtown, presented and read. Cline Treatment and Disposal System upon moved that the communication be received and Availability of Public Sewer, presented and read. filed and approved recommendation. OFFICIAL PUBLICATION Seconded by Nicholson. Motion carried 7-0. ORDINANCE NO. 71-03 Don Schadl of Dubuqueland Tour and AMENDING THE CITY OF DUBUQUE CODE Shuttle Services, as a small business owner OF ORDINANCES CHAPTER 44 SECTION 44- negatively impacted by this, spoke in opposition 55 ABANDONMENT OF PRIVATE ON-SITE to the purchase. SEWAGE TREATMENT AND DISPOSAL Regular Session, September 2, 2003 273 SYSTEM UPON AVAILABILITY OF PUBLIC Published officially in the Telegraph Herald th SEWER Newspaper the 8 day of September, 2003. NOW, THEREFORE, BE IT ORDAINED BY /s/Jeanne F. Schneider, CMC, City Clerk THE CITY COUNCIL OF THE CITY OF 1t 9/8 DUBUQUE, IOWA: Buol moved that the requirement that a Section 1. The City of Dubuque Code of proposed Ordinance be considered and voted Ordinances Section 44-55 is hereby amended to on for passage at two Council Meetings prior to read as follows: the meeting at which it is to be finally passed be Sec. 44-55. Abandonment Of Private On-Site suspended and further moved final Sewage Treatment And Disposal System Upon consideration and passage of the Ordinance. Availability Of Public Sewer: Seconded by Connors. Motion carried 7-0. When a public sewer is constructed within two Purchase of Service Agreements: City hundred feet (200') of the property line, the Manager recommending approval of Purchase building sewer shall be connected to said sewer of Service agreements with Dubuque Area in accordance with City standards established Labor Management Council ($15,443), Helping by the City Manager and within three hundred Services of Northeast Iowa ($1,964), Operation: sixty five (365) days from date of written New View ($16,708), Project Concern – Foster notification by the City Manager, unless the City Grandparent Program ($5,435), Retired and Manager for good cause grants an extension Senior Volunteer Program ($7,341), and from such three hundred sixty five (365) day Substance Abuse Services Center ($12,390), period which extension shall not be in excess of presented and read. Cline moved that the the time provided in subsection (b) of this communication be received and filed and Section, and the private on-site sewage approved recommendation. Seconded by treatment and disposal system abandoned in Nicholson. Motion carried 7-0. accordance with subsection (b) of this Section. However, the property shall not be required to QHQ Rezoning – Request for Direction: City connect to the public sewer if construction plans Manager requesting City Council direction for the private on-site sewage treatment and regarding the role of City staff with respect to the disposal system are available, the system meets QHQ rezoning request west of the Northwest the provisions of chapter 69 of the Iowa Arterial and east of Samantha Drive, presented Administrative Code, and the system received a and read. construction permit from the City Manager prior Council discussed the necessity of bringing to installation. If the City Manager cannot some conclusion to this continuing rezoning determine that the system is in compliance with dilemma. chapter 69 of the Iowa Administrative Code, Cline moved that the applicant, QHQ connection shall be made to the sanitary sewer Development, and the objecting neighbors meet in accordance with City standards established with mediators from the City of Dubuque by the City Manager. Mediation Services to try and come to some (b) Notwithstanding the foregoing, no private resolution of issues before bringing this issue on-site sewage treatment and disposal system back to the Council. Seconded by Nicholson. shall be permitted to operate for more than Motion carried 7-0. fifteen (15) years, unless otherwise determined Staff was directed to answer questions from by the City Manager pursuant to standards either party but to do no more or less than they adopted by the City Manager. At any time the would do for other rezoning issues. City Manager determines the system is no longer adequate, connection to the sanitary T-Corp Rockdale Road Development: City sewer shall be made. Manager requesting City Council direction Notwithstanding the foregoing, the City regarding the purchase of a second access for Manager is authorized to exempt a property emergency vehicles for the T-Corp Rockdale from the requirement of connecting to the public Road Development, presented and read. sewer if the City Manager determines that such Michalski moved that the communication be connection would be impracticable due to received and filed and referred this matter to the peculiar conditions of the property and the Police Chief and Fire Chief to determine when private on-site sewage treatment and disposal and if an emergency access road would be system on the property is in compliance with necessary and to have the issue brought back at chapter 69 of the Iowa Administrative Code. that time. Seconded by Cline. Motion carried 7- Section 2. This ordinance shall take effect 0. upon publication. nd Passed, approved and adopted this 2 day of National League of Cities: Communication September, 20013. from the National League of Cities requesting /s/Terrance M. Duggan, Mayor designation of the City’s voting delegate and Attest: /s/Jeanne F. Schneider, CMC, City Clerk alternate voting delegate for the NLC Annual 274 Regular Session, September 2, 2003 Business Meeting, presented and read. Cline moved that the communication be received and filed and that Council Member Nicholson be designated as the voting delegate, with no Approved:__________________________2003 alternate named. Seconded by Connors. Motion carried 7-0. Adopted:___________________________2003 Iowa League of Cities: Communication from Alan Kemp, Iowa League of Cities, advising that ______________________________________ the initial meeting of the University and College Mayor City Forum will be held on October 16, 2003 at Grinnell College, presented and read. Cline ______________________________________ moved that the communication be received and filed and that Council Member Michalski be ______________________________________ appointed as the City’s representative at the Forum. Seconded by Connors. Motion carried ______________________________________ 7-0. ______________________________________ Police Department Towing Contract (Tabled on August 4, 2003): Mayor Terry Duggan ______________________________________ requesting that this item be brought back to the table for Council discussion. Nicholson moved ______________________________________ that this item be removed from the table. Council Members Seconded by Markham. Motion carried 7-0. City Manager recommending award of the Attest: Police Department Towing Contract to both Wenzel Towing and Burt Steve and Sons ______________________________________ Garage, presented and read. City Clerk Marie Steve spoke objecting to the process for this contract. Jules Wenzel spoke stating that a split contract would work but would be difficult. Nicholson moved to reject all bids. Seconded by Michalski. Motion failed due to the following vote: Yeas—Nicholson, Michalski. Nays—Buol, Duggan, Cline, Connors, Markham. Buol moved to rescind the vote to reject all bids. Seconded by Markham. Motion carried 7- 0. Markham moved to receive and file the communications, reject all bids and refer the matter back to staff. Seconded by Buol. Motion carried 7-0. At 7:53 P.M. Michalski moved to go into Closed Session - Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2003 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 8:17 P.M. Council reconvened Regular Session stating that proper direction had been given. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:18 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/10 Special Session, September 3, 2003 275 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 3, Approved:__________________________2003 2003 Council met in special session at 4:10 p.m. at Adopted:___________________________2003 Four Mounds Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City ______________________________________ Manager Michael Van Milligen, Corporation Mayor Counsel Barry Lindahl Mayor Duggan absent at Roll Call but arrived ______________________________________ at 4:20 p.m. ______________________________________ Mayor Pro-Tem Cline read the call and stated this is a special session of the City Council ______________________________________ called for the purpose of conducting a goal setting session. ______________________________________ The City Council reviewed the year’s ______________________________________ accomplishments and began to discuss the goals which had been developed the previous ______________________________________ year to determine what needed to be changed Council Members or added to determine the City’s Policy Agenda for 2003 – 2005. Attest: There being no further business, upon ______________________________________ consensus the meeting adjourned at 9:00 p.m. City Clerk /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/10 276 Special Session, September 4, 2003 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 4, 2003 Approved:__________________________2003 Council met in special session at 4:00 p.m. at Four Mounds Adopted:___________________________2003 Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen; Corporation Counsel ______________________________________ Lindahl Mayor Absent: Mayor Duggan absent at roll call but arrived at 4:03 p.m. ______________________________________ Mayor Pro-Tem Cline read the call and stated ______________________________________ this is a special session of the City Council called for the purpose of conducting a goal ______________________________________ setting session. ______________________________________ The City Council reviewed their Policy Agenda for 2003 – 2005 and identified policy issues and ______________________________________ actions necessary for each targeted goal. The Council established their Policy Agenda 2003 – ______________________________________ 2005 as: Top Priority Action Items – Southwest Council Members Arterial, Stormwater Projects, Street Projects, Zoning Ordinance Update, and Erosion Control Attest: Policy and Strategy; High Priority Action Items – Telecommunications Strategy, Annexation: ______________________________________ Policy and Implementation, Riverfront City Clerk Development Projects, Federal Strategy, Five Flags: Evaluation, Budget: Service Inventory, Costs of Services, Tax Rate; and Carryover Priority – Downtown Master Plan: Implementation. The City Council established the Management Agenda for 2003 – 2005 as: Julien Dubuque Bridge, River Valley Initiative, State Grants, Industrial Park Development: Next Phase, Riverfront Master Plan: Implementation, Star Brewery Lease, Adams Company: Acquisition and Relocation, CIP – New and Maintenance; and Major Projects for 2003 – 2004 were nd identified as Stormwater: Carter Road and 32 Street Detention Basin Property Acquisition and Highway 20 Improvement Project. There being no further business, upon consensus the meeting adjourned at 8:32 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/10 Regular Session, September 15, 2003 property damage; Charles L. Miller for personal injury; University of Dubuque for property DUBUQUE damage, presented and read. Buol moved that CITY COUNCIL the claims and suits be referred to the Legal OFFICIAL Staff for investigation and report. Seconded by PROCEEDINGS Nicholson. Motion carried 7-0. Corporation Counsel advising that the City Council, Regular Session, September 15, following claims have been referred to Public 2003 Entity Risk Services of Iowa, the agent for the Council met in Regular Session at 6:30 P.M. in Iowa Communities Assurance Pool: Eric Adler the Library Auditorium for personal injury, University of Dubuque for Present: Mayor Duggan, Council Members property damage, presented and read. Buol Buol, Cline, Connors, Markham, Michalski, moved that the communications be received and Nicholson, City Manager Michael Van Milligen, filed and concurred. Seconded by Nicholson. Corporation Counsel Barry Lindahl Motion carried 7-0. Mayor Duggan read the call and stated this is Corporation Counsel recommending that the a regular session of the City Council called for claim of Brent Garbett for vehicle damage be the purpose of discussing such matters which referred to Selco, Inc. and that the claim of may properly come before the City Council. Steven Bruse for vehicle damage be referred to Drew Cook & Sons Excavating, Inc., presented Invocation was given by Alan Garfield, and read. Buol moved that the communications President, Temple Beth-El. be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Proclamations: Crop Walk Day in Dubuque (October 5, 2003) received by Wendell Ryder; Corporation Counsel recommending settle- and Trick or Treat Night (October 31, 2003) ment of the claim of Valerie McNally for vehicle damage and that the Finance Director issue Marcia Sola introduced Stanley Sampson from payment, presented and read. Buol moved the Marshall Islands and Gabriela Vega who are that the communication be received and filed representative members of the Immigrants and concurred and Finance Director to issue Rights Network (Dubuque Chapter) and who proper payment. Seconded by Nicholson. spoke of their homeland and their interest in Motion carried 7-0. Dubuque. Police Officer Pablo Ramirez spoke also. Citizen Communications: Communications from residents and property owners on Lower Minutes and Reports Submitted: Airport Commission of 8/25; City Council of 9/2, 9/3 and Main Street in opposition to portions of Main 9/4; Five Flags of 7/21; Housing Commission of Street and First Street and the First and Second 7/22; Human Rights Commission of 8/18; Park Street Connector being closed for The Little and Recreation Commission of 8/12, presented Dublin’s Irish Fest, presented and read. Buol and read. Buol moved that the minutes be moved that the communication be received and received and filed. Seconded by Nicholson. filed and referred to the City Manager. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of Council Proceedings of Employee Assistance Program Services: City 8/18, 8/19 and 8/21; and List of Claims and Manager recommending approval of an Summary of Revenues for month ending July agreement with Mercy Medical Center to provide 31, 2003, presented and read. Buol moved that employee assistance services to City of the proofs be received and filed. Seconded by Dubuque employees and their family members Nicholson. Motion carried 7-0. effective July 1, 2003 through June 30, 2005, presented and read. Buol moved that the Finance Director submitting the City of communication be received and filed and Dubuque Financial Reports for the month ending approved recommendation. Seconded by August 31, 2003, presented and read. Buol Nicholson. Motion carried 7-0. moved that the communication and reports be received and filed. Seconded by Nicholson. Northwest Arterial Water Main Extension Motion carried 7-0. Project – Acceptance: City Manager recommending acceptance of the Northwest Notice of Claims/Suits: Eric Adler for personal Arterial Water Main Extension Project in the final injury; Steven Bruse for vehicle damage; Mary contract amount of $891,605.57 as completed Criss for personal injury; Paula Martens for 278 Regular Session, September 15, 2003 by Tschiggfrie Excavating, presented and read. Improvement Project has been completed and Buol moved that the communication be received the City’s Consultant I. I. W. Engineers and and filed. Seconded by Nicholson. Motion Surveyors of Dubuque, Iowa recommend carried 7-0. acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 313-03 THE CITY COUNCIL OF THE CITY OF ACCEPTING IMPROVEMENT DUBUQUE, IOWA: Whereas, the Contract for the Northwest Arterial Section 1. That the recommendation of the Water Main Extension Improvement Project has City Manager be approved and that said been completed and the City’s Consultant improvement be accepted. th Veenstra & Kimm, Inc., of West Des Moines, Passed, approved and adopted this 15 day of Iowa recommend acceptance of the project. September, 2003. NOW, THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA: Buol moved adoption of the Resolution. Section 1. That the recommendation of the City Seconded by Nicholson. Motion carried 7-0. Manager be approved and that said improvement be accepted. RESOLUTION NO. 316-03 th Passed, approved and adopted this 15 day of FINAL ESTIMATE September, 2003 Whereas, the contract for the Old U. S. Terrance M. Duggan, Mayor Highway 20 Water Main Phase II Extension Attest: Jeanne F. Schneider, City Clerk Improvement Project has been completed and Buol moved adoption of the Resolution. the City has submitted the final estimate Seconded by Nicholson. Motion carried 7-0. showing the cost thereof. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 314-03 THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATE DUBUQUE, IOWA: Whereas, the contract for the Northwest Arterial Section 1. That the cost of said improvement is Water Main Extension Improvement Project has hereby determined to be $94,121.38 dollars. been completed and the City has submitted the Section 2. That the final payment of $4,706.07 final estimate showing the cost thereof. be paid to Drew Cook & Sons Excavating in NOW THEREFORE, BE IT RESOLVED BY THE accordance with the State Statute from funds in CITY COUNCIL OF THE CITY OF DUBUQUE, the Water Department’s FY ’03 CIP Budget. th IOWA: Passed, approved and adopted this 15 day of Section 1. That the cost of said improvement is September, 2003. hereby determined to be $891,605.57 dollars. Terrance M. Duggan, Mayor Section 2. That the final payment of $44,580.28 Attest: Jeanne F. Schneider, City Clerk be paid to Tschiggfrie Excavating in accordance Buol moved adoption of the Resolution. with State Statute from funds in the Water Seconded by Nicholson. Motion carried 7-0. Department’s FY ’03 CIP Budget. th Passed, approved and adopted this 15 day of Harvest Development Group, L.L.C.: Martin J. September, 2003 McNamer, Harvest Development Group, L.L.C., Terrance M. Duggan, Mayor requesting approval of a temporary access Attest: Jeanne F. Schneider, City Clerk directly from the Northwest Arterial for the Buol moved adoption of the Resolution. construction of his assisted living project at Seconded by Nicholson. Motion carried 7-0. Matthew John Drive and Harvest View Drive, presented and read. Buol moved that the Old U.S. Highway 20 Water Main Phase II communication be received and filed and Extension Project – Acceptance: City Manager referred to the City Manager. Seconded by recommending acceptance of the Old U.S. Highway 20 Water Main Phase II Extension Nicholson. Motion carried 7-0. Project in the final contract amount of $94,121.38 as completed by Drew Cook & Sons Miller Place – Final Plat: Zoning Advisory Excavating, presented and read. Buol moved Commission recommending approval of the final that the communication be received and filed. plat of Lots 1 – 4, inclusive, of Miller Place as Seconded by Nicholson. Motion carried 7-0. requested by Larry and Kathy Miller, presented and read. Buol moved that the communication RESOLUTION NO. 315-03 be received and filed. Seconded by Nicholson. ACCEPTING IMPROVEMENT Motion carried 7-0. Whereas, the Contract for the Old U. S. Highway 20 Water Main Phase II Extension Regular Session, September 15, 2003 RESOLUTION NO. 317-03 architecturally significant structure in need of RESOLUTION APPROVING THE FINAL PLAT rehabilitation; and OF LOTS 1-4, INCLUSIVE, OF MILLER Whereas, the rehabilitation and interpretation PLACE, IN THE CITY OF DUBUQUE, IOWA. of the Shot Tower is included as a component of America’s River Whereas, there has been filed with the City the Vision Iowa grant for the Clerk a Final Plat of Lots 1-4, inclusive, of Miller project. place, in the City of Dubuque, Iowa; and NOW THEREFORE, BE IT RESOLVED BY Whereas, said Final Plat has been examined THE CITY COUNCIL OF THE CITY OF by the Zoning Advisory Commission and had its DUBUQUE, IOWA: approval endorsed thereon; and Section 1. That the submission of an Whereas, said Final Plat has been examined application to the State Historical Society of by the City Council and they find that it conforms Iowa for funds from the Historic Sites to the statues and ordinances relating thereto. Preservation Grant Program to rehabilitate the NOW THEREFORE, BE IT RESOLVED BY Shot Tower is hereby approved. THE CITY COUNCIL OF THE CITY OF Section 2. That the Planning Services DUBUQUE, IOWA: Manager is hereby authorized to sign and Section 1. The Final Plat of Lots 1-4, inclusive, submit the application for Historic Sites of Miller Place, is hereby approved, and the Preservation Grant Program funds for this Mayor and City Clerk are hereby authorized and project. th directed to endorse the approval of the City of Passed, approved and adopted this 15 day of Dubuque, Iowa upon said Final Plat. September 2003. th Passed, approved and adopted this 15 day of Terrance M. Duggan, Mayor September 2003. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Eagle Window and Door – Certificate of Compliance: City Manager advising that Eagle University of Dubuque – Adopted Conceptual Window and Door, Inc. has complied with the Plan: Zoning Advisory Commission advising Job Attainment Goal of the Public Infrastructure that they have reviewed a request from the Assistance Program (PIAP) and recommending University of Dubuque to change the adopted that they be released from any further conceptual plan for the South Campus – Student obligations under the Loan Agreement with the Apartments and have found that the proposal is City of Dubuque, presented and read. Buol not a significant change from the adopted moved that the communication be received and conceptual plan, presented and read. Buol filed. Seconded by Nicholson. Motion carried 7- moved that the communication be received and 0. filed. Seconded by Nicholson. Motion carried 7- RESOLUTION NO. 319-03 0. RESOLUTION CERTIFYING EAGLE WINDOW & DOOR, INC COMPLIANCE WITH A PUBLIC Historic Sites Preservation Grant: City INFRASTRUCTURE ASSISTANCE PROGRAM Manager recommending approval of an LOAN AGREEMENT BETWEEN EAGLE application to the State Historical Society of WINDOW & DOOR, INC AND THE CITY OF Iowa for a $100,000 Historic Sites Preservation DUBUQUE, IOWA Grant for the Shot Tower Rehabilitation project, presented and read. Buol moved that the WHEREAS, the City of Dubuque, Iowa, on communication be received and filed. Seconded September 16, 2002 entered into a Public by Nicholson. Motion carried 7-0. Infrastructure Assistance Program (PIAP) Loan Agreement with Eagle Window & Door, Inc (the RESOLUTION NO. 318-03 Company); and RESOLUTION AUTHORIZING AN APPLICA- WHEREAS, Section 9 of the PIAP Loan TION TO THE HISTORIC SITES PRESER- Agreement requires the Company to take all VATION GRANT PROGRAM FOR THE SHOT actions necessary and required to create a TOWER REHABILITATION minimum of one hundred sixty eight (168) new Whereas, the State Historical Society of Iowa permanent Full Time Job Equivalents with the has announced that the Historic Sites Company in Dubuque, Iowa on or before Preservation Grant Program has funds available December 31, 2003 (the Job Attainment Goal); for the rehabilitation of historically and and architecturally significant structures; and WHEREAS, Section 9 of the PIAP Loan Whereas, the City of Dubuque has determined Agreement states that: for purposes of that the Shot Tower is an historically and determining the extent of employment opportunities created under the Agreement, the 280 Regular Session, September 15, 2003 (CAPER) FOR THE PERIOD COMMENCING City and the Company agree that a total of four- JULY 1, 2002 AND CONCLUDING JUNE 30, hundred seventy-five (475) Full Time Job 2003. Equivalents exist with the Company in Dubuque, Iowa…and that if the Company meets this Whereas, the City of Dubuque, Iowa, is an requirement (i.e. 643 FTE) prior to December entitlement grant recipient under the Community 31, 2003, the City may acknowledge such Development Block Grant (CDBG) Program of compliance and thereafter the Company shall the U.S. Department of Housing and Urban have no further obligation under this Development (HUD); and subparagraph (a.); and Whereas, the CDBG regulations require that WHEREAS, the Company has provided no later than ninety (90) days after the documentation to the City certifying the completion of a program year, each entitlement Company has, prior to December 31, 2003, met recipient must submit a performance and the Job Attainment Goal. evaluation report, Consolidated Annual NOW, THEREFORE BE IT RESOLVED BY Performance and Evaluation Report (CAPER); THE CITY COUNCIL OF THE CITY OF and, DUBUQUE IOWA: Whereas, the City has 1) prepared a CAPER The City of Dubuque acknowledges the for the program year commencing July 1, 2002 Company is in compliance with the Job and concluding June 30, 2003; 2) published Attainment Obligation of the PIAP Loan notice of availability of the CAPER in the Agreement, and the Company is released from Telegraph Herald on August 18, 2003 and in the any further obligations under the PIAP Loan Dubuque Advertiser on August 20, 2003; 3) Agreement. made copies of the CAPER available for public The City Manager is hereby authorized to review at the Carnegie Stout Public Library, City disburse final payment from the PIAP to the Hall, and Housing and Community Development Company, and is authorized to execute UCC Department; 4) held a public hearing pursuant to termination statements and any other certificates published notice before the Community necessary to reflect termination of the Development Advisory Commission on Agreement and the City’s rights in pledged September 3, 2003; and collateral. Whereas, the Community Development th Passed, approved and adopted this 15 day of Advisory Commission has voted to approve the September, 2003 CAPER and to recommend City Council CITY OF DUBUQUE, IOWA approval. Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT RESOLVED BY ATTEST: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution. DUBUQUE, IOWA: Section 1. That the Consolidated Annual Seconded by Nicholson. Motion carried 7-0. Performance and Evaluation Report (CAPER) for the period commencing July 1, 2002 and Giese Manufacturing – Certificate of concluding June 30, 2003, a copy of which is Completion: City Manager recommending attached, is hereby approved for submission. approval of a Certificate of Completion for the Section 2. That the Mayor of the City of Giese Manufacturing project in the Dubuque Dubuque is hereby authorized and directed to Industrial Center West acknowledging execute the Consolidated Annual Performance completion of their obligations stipulated in the and Evaluation Report (CAPER) on behalf of the Development Agreement, presented and read. City of Dubuque, Iowa. Buol moved that the communication be received Section 3. That the City Manager is hereby and filed and approved recommendation. authorized and directed to submit the Seconded by Nicholson. Motion carried 7-0. Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Consolidated Annual Performance and Department of Housing and Urban Evaluation Report (CAPER): City Manager Development. recommending approval of the Consolidated Passed, approved and adopted this 15th day Annual Performance and Evaluation Report of September 2003. (CAPER) for the period of July 1, 2002 through Terrance M. Duggan, Mayor June 30, 2003, presented and read. Buol moved Attest: Jeanne F. Schneider, City Clerk that the communication be received and filed. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 320-03 RESOLUTION AUTHORIZING THE SUBMIS- Cedar Ridge Farm Place No. 4: City Manager SION OF A CONSOLIDATED ANNUAL recommending acceptance of the public PERFORMANCE AND EVALUATION REPORT improvements completed by the developer, Regular Session, September 15, 2003 Nemmers Cedar Ridge Farm Limited file said report with the Iowa Department of Partnership, in Cedar Ridge Farm Place No. 4, Transportation. th presented and read. Buol moved that the Passed, approved and adopted this 15 day of communication be received and filed. Seconded September, 2003. by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 321-03 Buol moved adoption of the Resolution. ACCEPTING IMPROVEMENTS IN CEDAR Seconded by Nicholson. Motion carried 7-0. RIDGE FARM PLACE NO. 4 Whereas, pursuant to Resolution No. 350-01, Police Department Accreditation: City Manager certain improvements including street paving, recommending approval for the Police storm sewer, sanitary sewer, watermain, and Department to continue voluntary participation street lighting were installed by the developer of with the Commission on Accreditation for Law Cedar Ridge Farm Place No. 4. Enforcement Agencies in pursuit of Whereas, the improvements have been reaccreditation in 2004, presented and read. completed except for stormwater detention Buol moved that the communication be received facilities, and the City Manager has examined and filed and approved recommendation. the work and has filed a certificate stating that Seconded by Nicholson. Motion carried 7-0. the same has been completed in accordance with the plans approved by the City Council and Medical Associates – Acceptance of Quit in conformance with City specifications, and has Claim Deed: City Manager recommending recommended that the improvements be acceptance of a quit claim deed for Lot 11 of accepted by the City Council. Medical Associates Subdivision #2 from Medical NOW THEREFORE, BE IT RESOLVED BY Associates, presented and read. Buol moved THE CITY COUNCIL OF THE CITY OF that the communication be received and filed. DUBUQUE, IOWA: Seconded by Nicholson. Motion carried 7-0. Section 1. That the recommendation of the City Manager be approved and that said RESOLUTION NO. 323-03 improvements in Cedar Ridge Farm Place No. 4 A RESOLUTION ACCEPTING A CONVEY- be and the same is hereby accepted, except for ANCE OF PROPERTY LOT 11 OF MEDICAL the stormwater detention facilities. ASSOCIATES SUBDIVISION NO. 2 IN THE Section 2. That maintenance of said CITY OF DUBUQUE, DUBUQUE COUNTY, improvements shall be the responsibility of the IOWA contractor and the owner for a period of two Whereas, Medical Associates Realty, L.P. years from this date. agreed to dedicate Lot 11 of Medical Associates th Passed, approved and adopted this 15 day of Subdivision No. 2 in the City of Dubuque, as September, 2003. shown on the Final Plat of Medical Associates Terrance M. Duggan, Mayor Subdivision No. 2 thereof; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Medical Associates Realty, L.P. has Buol moved adoption of the Resolution. executed a conveyance of said property in the Seconded by Nicholson. Motion carried 7-0. form of a Quit Claim Deed. NOW THEREFORE, BE IT RESOLVED BY Street Finance Report: City Manager THE CITY COUNCIL OF THE CITY OF recommending approval of the City of DUBUQUE, IOWA: Dubuque’s Fiscal Year 2003 Street Finance Section 1. The City Council of the City of Report for submittal to the Iowa Department of Dubuque, Iowa, hereby approves of, accepts Transportation, presented and read. Buol moved and consents to the Quit Claim Deed from that the communication be received and filed. Medical Associates Realty, L.P., copies of which Seconded by Nicholson. Motion carried 7-0. are attached hereto, as required by Iowa Code Section 569.7. RESOLUTION NO. 322-03 Section 2. The Mayor is hereby authorized and RESOLUTION APPROVING THE CITY OF directed to execute and acknowledge on behalf DUBUQUE FISCAL YEAR 2003 STREET of the City of Dubuque any instruments in FINANCE REPORT connection herewith. th NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 15 day of THE CITY COUNCIL OF THE CITY OF September, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the Street Finance Report for Attest: Jeanne F. Schneider, CMC, City Clerk the period of July 1, 2002 to June 30, 2003, be Buol moved adoption of the Resolution. and the same is hereby approved and that the Seconded by Nicholson. Motion carried 7-0. City Clerk is hereby authorized and directed to 282 Regular Session, September 15, 2003 Senator John C. Culver Floodwall Recognition Terrance M. Duggan, Mayor Plaque: City Manager recommending approval Attest: Jeanne F. Schneider, CMC, City Clerk of the wording for the Senator John C. Culver Buol moved adoption of the Resolution. Plaque which is to be located near the floodwall Seconded by Nicholson. Motion carried 7-0. on the River’s Edge Plaza, presented and read. RESOLUTION NO. 325-03 Buol moved that the communication be received and filed and approved recommendation. Whereas, applications for Liquor Licenses Seconded by Nicholson. Motion carried 7-0. have been submitted to this Council for approval and the same have been examined and Grand River Center Dedication Plaque: City approved; and Manager recommending approval of the wording Whereas, the premises to be occupied by such for the dedication plaque for the Grand River applicants were inspected and found to comply Center, presented and read. Buol moved that with the State Laws and all City Ordinances the communication be received and filed and relevant thereto and they have filed proper approved recommendation. Seconded by bonds. Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Legislative Correspondence: City Manager DUBUQUE, IOWA: recommending approval of the submission of That the Manager be authorized to cause to be letters to our Congressional delegation issued the following named applicants a Liquor requesting their support for modifications in the License. Medicare Prescription Drug and Modernization CLASS “C” BEER/LIQUOR LICENSE Act, presented and read. Buol moved that the Angela Mangeno Angie’s Bar+ communication be received and filed and (Sunday Sale) 1401 Elm St approved recommendation. Seconded by One Flight Up Inc One Flight Up+ Nicholson. Motion carried 7-0. (Sunday Sale) 44-48 Main St Ibrico, Inc Fat Tuesday’s+ Business Licenses: (Sunday Sale) 1121 University Ave PMST Inc Happy’s Place+ RESOLUTION NO. 324-03 (Sunday Sale) 2323 Rockdale Whereas, applications for Beer Permits have DBQ County Historical Society Natl Mississippi rd been submitted and filed to this Council for Museum+(Sunday/Outdoor) 350 E.3 St approval and the same have been examined CLASS “C” LIQUOR LICENSE and approved: and ( 5-DAY SPECIAL EVENT) Whereas, the premises to be occupied by Clarke College Clarke College Homecoming such applicants were inspected and found to (Outdoor Sale) 1550 Clarke Dr comply with the Ordinances of the City and have SPECIAL CLASS “C” LIQUOR filed proper bonds. Raymond Sanders Sugar Ray’s Barbeque NOW, THEREFORE, BE IT RESOLVED BY 951 Main St THE CITY COUNCIL OF THE CITY OF CLASS “B” WINE DUBUQUE, IOWA: TFM Com Oky Doky # 2 nd That the Manager be authorized to cause to be 51 W. 32 St issued the following named applicants a Beer Wal-Mart Stores, Inc Wal-Mart Supercenter # Permit. 2004 4200 Dodge St th CLASS “B” BEER (5 – DAY SPECIAL EVENT) Passed, approved and adopted this 15 day Dubuque Jaycees Dubuque Jaycees+ of September, 2003. (Outdoor Sale) Cable Car Square Terrance M. Duggan, Mayor Dubuque Jaycees Dubuque Jaycees+ Attest: Jeanne F. Schneider, CMC, City Clerk (Outdoor Sale) Flora Park Ball Diamond Buol moved adoption of the Resolution. CLASS “C” BEER PERMIT Seconded by Nicholson. Motion carried 7-0. Molo Oil Com. Puff N Snuff + ( Sunday Sale) 1101 Rhomberg Ave ITEMS TO BE SET FOR PUBLIC HEARING RKM LLC Ron’s Smokes / Beverage+ (Sunday Sale) 1701 JFK Rd Vacating Petition – South Way at Asbury Liberty Station LLC Phillips 66/Arby’s+ Road: City Manager recommending that a (Sunday Sale) 10 S Main public hearing be set for October 6, 2003 to 5-Points Mart, Inc 5-Point Mart+ consider a request from Clarence P. Pfohl to (Sunday Sale) 405 Rhomberg Ave vacate a portion of South Way at Asbury Road, Wal-Mart Stores, Inc. Wal-Mart Supercenter presented and read. Buol moved that the #2004+(Sunday Sale) 4200 Dodge St communication be received and filed. Seconded Passed, approved and adopted this 15th day by Michalski. Motion carried 7-0. of September, 2003. Regular Session, September 15, 2003 RESOLUTION NO. 326-03 NOW, THEREFORE, BE IT ORDAINED BY RESOLUTION APPROVING PLAT OF A THE CITY COUNCIL OF THE CITY OF PROPOSED PORTION OF SOUTH WAY AT DUBUQUE, IOWA: ASBURY ROAD Section 1. That the real estate described as Whereas, there has been presented to the City Lot 1A of part of South Way in Block 10 in Council of the City of Dubuque, Iowa, a plat Westchester Subdivision in the City of Dubuque, th dated the 13 day of August, 2003 prepared by Iowa, be and the same is hereby vacated. th Schneider Land Surveying & Planning, Inc. Passed, approved and adopted this 15 day of describing the proposed vacated portion of September, 2003. South Way at Asbury Road; and /s/Terrance M. Duggan, Mayor Whereas, said plat conforms to the laws and Attest: /s/ Jeanne F. Schneider, CMC, City Clerk statutes pertaining thereto. Published officially in the Telegraph Herald th NOW, THEREFORE, BE IT RESOLVED BY Newspaper the 19 day of September, 2003. THE CITY COUNCIL OF THE CITY OF /s/Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: 1t 9/19 th Section 1. That the plat dated the 13 day of Buol moved that the requirement that a August, 2003 prepared by Schneider Land proposed Ordinance be considered and voted Surveying & Planning, Inc. relative to the real on for passage at two Council Meetings prior to estate hereinabove described be and the same the meeting at which it is to be finally passed be is hereby approved, and the Mayor and City suspended and further moved final Clerk be and they are hereby authorized and consideration and passage of the Ordinance. directed to execute said plat for and on behalf of Seconded by Michalski. Motion carried 7-0. the City of Dubuque, Iowa. RESOLUTION NO. 327-03 Section 2. That the City Clerk be and is hereby RESOLUTION OF INTENT TO DISPOSE OF authorized and directed to file said plat and CITY INTEREST IN LOT 1A OF PART OF certified copy of this resolution in the office of SOUTH WAY IN BLOCK 10 IN the Recorder in and for Dubuque County, Iowa. th WESTCHESTER SUBDIVISION IN THE CITY Passed, approved and adopted this 15 day of OF DUBUQUE, IOWA September, 2003. Terrance M. Duggan, Mayor Whereas, Clarence P. Pfohl has requested the Attest: Jeanne F. Schneider, CMC, City Clerk vacating of a portion of South Way at Asbury Buol moved adoption of the Resolution. Road in the City of Dubuque, Iowa; and Seconded by Michalski. Motion carried 7-0. Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the An Ordinance Vacating a portion of South Way City Council a plat showing a portion of South at Asbury Road, presented and read. Way at Asbury Road and assigned lot number thereto, which hereinafter shall be known and OFFICIAL PUBLICATION described as Lot 1A of part of South Way in ORDINANCE NO. 72-03 Block 10 in Westchester Subdivision in the City ORDINANCE VACATING A PORTION OF of Dubuque, Iowa; and SOUTH WAY AT ASBURY ROAD Whereas, the City Council of the City of Whereas, Clarence P. Pfohl has requested the Dubuque, Iowa has determined that this portion vacating of a portion of South Way at Asbury of South Way at Asbury Road is no longer Road; and required for public use, except for utility Whereas, Schneider Land Surveying & easements as noted, and vacating and sale of Planning, Inc. has prepared and submitted to the said portion of South Way known as Lot 1A of City Council a plat showing the vacated portion part of South Way in Block 10 in Westchester of South Way at Asbury Road and assigned a lot Subdivision in the City of Dubuque, Dubuque number thereto, which hereinafter shall be County, Iowa should be approved. known and described as Lot 1A of part of South NOW, THEREFORE, BE IT RESOLVED BY Way in Block 10 in Westchester Subdivision in THE CITY COUNCIL OF THE CITY OF the City of Dubuque, Dubuque County, Iowa; DUBUQUE, IOWA: and Section 1. That the City of Dubuque intends to Whereas, the City Council of the City of dispose of its interest in Lot 1A of part of South Dubuque, Iowa has determined that the a Way in Block 10 in Westchester Subdivision in portion of South Way at Asbury is no longer the City of Dubuque, Iowa. required for public use and vacating of said Section 2. That the conveyance of Lot 1A of street known as Lot 1A of part of South Way in part of South Way in Block 10 in Westchester Block 10 in Westchester Subdivision in the City Subdivision in the City of Dubuque Iowa to of Dubuque, Dubuque County, Iowa should be Clarence P. Pfohl be contingent upon the approved. payment of $1.00, plus surveying, platting, publication and filing fees. 284 Regular Session, September 15, 2003 Section 3. The City reserves unto itself a Premier Bank regarding the above-described perpetual easement including the right of ingress real estate mortgage is in the public interest. and egress thereto, for the purpose of erecting, NOW, THEREFORE, BE IT RESOLVED BY installing, constructing, reconstructing, repairing, THE CITY COUNCIL OF THE CITY OF owning, operating, and maintaining water, DUBUQUE, IOWA: sewer, drainage, gas, telephone, television Section 1. That it is the intent of the City cable, fiber optics, and electric lines as may be Council to execute a subordination agreement authorized by the City of Dubuque, Iowa, as with Premier Bank with regard to the above- shown on the plat of survey of Lot 1A of part of described Mortgage on the following described South Way in Block 10 in Westchester real estate located in the City of Dubuque, Iowa: Subdivision. Lot 80 and the South 1 and 5/12 feet of Lot 79 in Section 4. That the City Clerk be and is hereby the City of Dubuque, Dubuque County, Iowa. authorized and directed to cause a notice of Section 2. That the City Clerk is hereby intent to dispose of said real estate to be directed to give notice in the manner required by published in the manner as prescribed by law. law of a public hearing to be held on October 6, th Passed, approved and adopted this 15 day of 2003 at 6:30 P.M. in the Auditorium of the September, 2003. Carnegie-Stout Public Library, at which time and Terrance M. Duggan, Mayor place all interested parties will be given Attest: Jeanne F. Schneider, CMC, City Clerk opportunity to be heard for or against the Buol moved adoption of the Resolution and proposal to dispose of the real estate interests further set this for Public Hearing on 10/6/03 at herein described. 6:30 P.M. in the public library auditorium and Passed, adopted and approved this 15th day that the City Clerk publish notice in the manner of September 2003. prescribed by law. Seconded by Michalski. Terrance M. Duggan, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and set Subordination Agreement – Premier Bank: this matter for public hearing on 10/6/03 at a City Manager recommending that a public meeting to commence at 6:30 P.M. in the public hearing be set for October 6, 2003 to consider library auditorium and that the City Clerk publish approval of a Subordination Agreement with notice in the manner prescribed by law. Premier Bank related to the City’s mortgage Seconded by Michalski. Motion carried 7-0. interest in property located at 101 – 123 Main Street, presented and read. Buol moved that the Chemical Compound Wall and Roof communication be received and filed. Seconded Replacement Project: City Manager by Michalski. Motion carried 7-0. recommending initiation of the bidding process for the Chemical Compound Wall and Roof RESOLUTION NO. 328-03 Replacement Project at the Eagle Point Water RESOLUTION DECLARING THE INTENT OF Plant and that a public hearing be set for THE CITY OF DUBUQUE, IOWA, TO October 20, 2003, presented and read. Buol SUBORDINATE A MORTGAGE INTEREST IN moved that the communication be received and CERTAIN REAL ESTATE filed. Seconded by Michalski. Motion carried 7- Whereas, Anthony Kemp and William Barrick 0. assumed a Real Estate Mortgage made to the RESOLUTION NO. 329-03 City of Dubuque, Iowa (“City”), filed October 4, PRELIMINARY APPROVAL OF 1996, as Instrument No. 11847-96, in PLANS AND SPECIFICATIONS connection with Community Development Block Grant Loan #2-96 from City; and Whereas, the proposed plans, specifications Whereas, Lot 80 and the South 1 and 5/12 feet and form of contract for the renovation of the of Lot 79 in the City of Dubuque, Dubuque Chemical Compound Building at the Eagle Point County, Iowa, is the real estate parcel described Water Plant at 1902 Hawthorne Street, in said Mortgage; and Dubuque, Iowa in the estimated amount of Whereas, City and Premier Bank both have $40,000 dollars have been prepared by the Allen Mortgage interests in the above-described real and Urbain Architects of Dubuque, Iowa. estate; and NOW THEREFORE, BE IT RESOLVED BY Whereas, Premier Bank requests that the City THE CITY COUNCIL OF THE CITY OF subordinate its Mortgage interest in the above-DUBUQUE, IOWA: described real estate to Premier Bank’s interest Section 1. The proposed plans, specifications to allow Anthony Kemp and William Barrick to and form of Contract are approved and ordered refinance their property with the bank; and filed in the office of the City clerk for public Whereas, the City Council has determined that inspection. th the execution of a subordination agreement with Passed, approved and adopted this 15 day of September, 2003. Regular Session, September 15, 2003 Terrance M. Duggan, Mayor of the improvements herein provided to be Attest: Jeanne F. Schneider, City Clerk published in a newspaper having general Buol moved adoption of the Resolution. circulation in the City of Dubuque, Iowa, which Seconded by Michalski. Motion carried 7-0. notice shall not be less than four days nor more than twenty days prior to the receipt of said bids th RESOLUTION NO. 330-03 at 2:00 p.m. on Thursday, the 9 day of October, FIXING DATE FOR HEARING 2003. Bids shall be opened and read by the city ON PLANS AND SPECIFICATIONS Clerk at said time and will be submitted to the Whereas, the City Council of the City of Council for final action at 6:30 p.m. th Dubuque, Iowa has given its preliminary on the 20 day of October, 2003. th approval on the proposed plans, specifications, Passed, approved and adopted the 15 day of and form of contract and placed same on file in September, 2003. the office of the City Clerk for public inspection Terrance M. Duggan, Mayor of the construction of the renovation of the Attest: Jeanne F. Schneider, City Clerk Chemical Compound Building located at the Buol moved adoption of the Resolution. Eagle Point Water Plant. Seconded by Michalski. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Eagle Point Water Plant ADA Renovation: DUBUQUE, IOWA: City Manager recommending initiation of the th That on the 20 day of October 2003 a public bidding process for the ADA Renovation Project hearing will be held at 6:30 p.m. in the Public at the Eagle Point Water Plant and that a public Library Auditorium at which time interested hearing be set for October 20, 2003, presented persons may appear and be heard for or against and read. Buol moved that the communication proposed plans and specifications, form of be received and filed. Seconded by Michalski. contract and cost of said improvement, and the Motion carried 7-0. City Clerk be and is hereby directed to cause a RESOLUTION NO. 332-03 notice of time and place of such hearing to be PRELIMINARY APPROVAL OF published in the newspaper having general PLANS AND SPECIFICATIONS circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more Whereas, the proposed plans, specifications than twenty days prior to the day fixed for its and form of contract for the renovation of the consideration. At the hearing, any interested Eagle Point Water Plant at 1902 Hawthorne person may appear and file objections to the Street, Dubuque, Iowa to American Disability Act proposed plans, specifications, contract, or Standards, in the estimated amount of estimated cost of the improvement. $148,106.92 dollars have been prepared by the th Passed, adopted and approved this 15 day of Allen and Urbain Architects of Dubuque, Iowa. September, 2003. NOW THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA: Buol moved adoption of the Resolution and set Section 1. The proposed plans, specifications hearing for 10/20/03 at 6:30 P.M. in the public and form of Contract are approved and ordered library auditorium and that the City Clerk publish filed in the office of the City Clerk for public notice in the manner prescribed by law. inspection. Seconded by Michalski. Motion carried 7-0. Passed, approved and adopted this 15th day of September, 2003. RESOLUTION NO. 331-03 Terrance M. Duggan, Mayor ORDERING BIDS Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0. DUBUQUE, IOWA: RESOLUTION NO. 333-03 Section 1. That the renovation of the Chemical FIXING DATE FOR HEARING Compound Building at Eagle Point Water Plant ON PLANS AND SPECIFICATIONS at 1902 Hawthorne Street, Dubuque, Iowa is hereby ordered to be advertised for bids for Whereas, the City Council of the City of construction. Dubuque, Iowa has given its preliminary Section 2. That the amount of the security to approval on the proposed plans, specifications, accompany each bid shall be in the amount and form of contract and placed same on file in which shall conform to the provisions of the the office of the City Clerk for public inspection notice to bidders hereby approved as part of the of the construction of the renovation of Eagle plans and specifications heretofore adopted. Point Water Plant to American Disability Act Section 3. That the City Clerk is hereby Standards. directed to advertise for bids for the construction 286 Regular Session, September 15, 2003 NOW THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0. DUBUQUE, IOWA: th That on the 20 day of October, 2003 a public Chestnut Street Reconstruction Project – hearing will be held at 6:30 p.m. in the Public Initiate: City Manager recommending initiation of Library Auditorium at which time interested the bidding process for the Chestnut Street persons may appear and be heard for or against Reconstruction Project and that a public hearing proposed plans and specifications, form of be set for October 6, 2003. presented and read. contract and cost of said improvement, and the Buol moved that the communication be received City Clerk be and is hereby directed to cause a and filed. Seconded by Michalski. Motion notice of time and place of such hearing to be carried 7-0. published in the newspaper having general RESOLUTION NO. 335-03 circulation in the City of Dubuque, Iowa, which PRELIMINARY APPROVAL OF notice shall be not less than four days nor more PLANS AND SPECIFICATIONS than twenty days prior to the day fixed for its consideration. At the hearing, any interested NOW THEREFORE, BE IT RESOLVED BY person may appear an file objections to the THE CITY COUNCIL OF THE CITY OF proposed plans, specifications, contract, or DUBUQUE, IOWA: estimated cost of the improvement. That the proposed plans, specifications, form th Passed, adopted and approved this 15 day of contract and estimated cost for the Chestnut of September, 2003. Street (Highland to Cox) Reconstruction Project Terrance M. Duggan, Mayor in the estimated amount $610,503.80 are hereby Attest: Jeanne F. Schneider, City Clerk approved and ordered filed in the office of the Buol moved adoption of the Resolution and set City Clerk for public inspection. thth this for public hearing on the 20 day of Passed, adopted and approved this 15 day of October, 2003 at a meeting to commence at September, 2003. 6:30 P.M. in the public library auditorium and Terrance M. Duggan, Mayor that the City Clerk publish notice in the manner Attest: Jeanne F. Schneider, CMC, City Clerk prescribed by law. Seconded by Michalski. Buol moved adoption of the Resolution. Motion carried 7-0. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 334-03 RESOLUTION NO. 336-03 ORDERING BIDSFIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, the City Council of the City of DUBUQUE, IOWA: Dubuque, Iowa has given its preliminary Section 1. That the renovation of the Eagle approval on the proposed plans, specifications, Point Water Plant at 1902 Hawthorne Street, and form of contract and placed same on file in Dubuque, Iowa to American Disability Act the office of the City Clerk for public inspection Standards is hereby ordered to be advertised for of the Chestnut Street (Highland to Cox) bids for construction. Reconstruction Project. Section 2. That the amount of the security to NOW THEREFORE, BE IT RESOLVED BY accompany each bid shall be in the amount THE CITY COUNCIL OF THE CITY OF which shall conform to the provisions of the DUBUQUE, IOWA: th notice to bidders hereby approved as part of the That a public hearing will be held on the 6 plans and specifications heretofore adopted. day of October, 2003, at 6:30 p.m. in the Public Section 3. That the City Clerk is hereby Library Auditorium at which time interested directed to advertise for bids for the construction persons may appear and be heard for or against of the improvement herein provided to be the proposed plans and specifications, form of published in a newspaper having general contract and cost of said improvement, and the circulation in the City of Dubuque, Iowa, which City Clerk be and is hereby directed to cause a notice shall not be less than four days nor more notice of time and place of such hearing to be than twenty days prior to the receipt of said bids published in a newspaper having general th at 2:00 p.m. on Thursday the 9 day of October, circulation in the City of Dubuque, Iowa, which 2003. Bids shall be opened and read by the City notice shall be not less than four days nor more Clerk at said time and will be submitted to the than twenty days prior to the day fixed for its th Council for final action at 6:30 p.m. on the 20 consideration. At the hearing, any interested day of October, 2003. person may appear and file objections to the th Passed, approved and adopted this 15 day of proposed plans, specifications, contract, or September, 2003. estimated cost of the improvement. th Terrance M. Duggan, Mayor Passed, adopted and approved this 15 day of Attest: Jeanne F. Schneider, City Clerk September, 2003. Regular Session, September 15, 2003 RESOLUTION NO. 338-03 Terrance M. Duggan, Mayor FIXING DATE OF HEARING Attest: Jeanne, F. Schneider, CMC, City Clerk ON RESOLUTION OF NECESSITY Buol moved adoption of the Resolution and set this for Public Hearing on 10/06/03 at a meeting Whereas, the City Council of the City of to commence at 6:30 P.M. in the public library Dubuque, Iowa, has given its preliminary auditorium and that the City Clerk publish notice approval on the proposed plans, specifications in the manner prescribed by law. Seconded by and form of contract and placed same on file in Michalski. Motion carried 7-0. the office of the City Clerk for public inspection for the Chestnut Street (Highland to Cox) RESOLUTION NO. 337-03 Reconstruction Project; and RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Whereas, proposed plans have been duly Necessity for said improvement has been prepared and approved by the City Council of introduced and is now on file in the City Clerk's the City of Dubuque and are now on file in the office for public inspection. office of City Clerk showing among other things NOW THEREFORE, BE IT RESOLVED BY the plans, specifications, form of contract, THE CITY COUNCIL OF THE CITY OF estimated cost and preliminary plat and DUBUQUE, IOWA: th schedule showing the amount proposed to be That on the 6 day of October, 2003, a public assessed against each lot and the valuation of hearing will be held at 6:30 p.m. in the Public each lot as filed by the City Council, for the Library Auditorium in the City of Dubuque at Chestnut Street (Highland to Cox) which time the owners of property subject to Reconstruction Project. assessment for the proposed improvement or NOW THEREFORE, BE IT RESOLVED BY any other person having an interest in the matter THE CITY COUNCIL OF THE CITY OF may appear and be heard for or against the DUBUQUE, IOWA: making of the improvement, the boundaries of That the City Council deems it advisable and the district, the cost, the assessment against any necessary for the public welfare to make the lot, or the final adoption of a Resolution of herein mentioned improvements, and unless Necessity and the City Clerk be and is hereby property owners at the time of the final authorized and directed to cause a notice of time consideration of this proposed resolution have and place of such hearing to be published in a on file with the City Clerk objections to the newspaper having general circulation in the City Resolution of Necessity, they shall be deemed of Dubuque, Iowa, which notice shall be to have waived all objections pertaining to the published once each week for two consecutive regularity of the proceeding and the legality of weeks, the first publication of which shall be not using the special assessment procedure. less than ten days prior to the day fixed for its Said improvements shall be constructed and consideration. Unless property owners at the done in accordance with the plans and time of the final consideration of this proposed specifications which have been approved by the resolution have on file with the City Clerk City Council and now on file with the City Clerk. objections to the Resolution of Necessity they That the cost and expense of making such shall be deemed to have waived all objections improvement will be assessed partially or totally thereto. th against privately owned property lying with the Passed, adopted and approved this 15 day of assessment limits, and in an amount not to September, 2003. exceed that provided by law, and in proportion to Terrance M. Duggan, Mayor the special benefits conferred. Attest: Jeanne F. Schneider, CMC, City Clerk The portion of the cost which shall be borne by Buol moved adoption of the Resolution. the City will be paid from the: Street Seconded by Michalski. Motion carried 7-0. Construction Fund, Local Option Sales Tax RESOLUTION NO. 339-03 Fund, Watermain Depreciation Fund, Sanitary RESOLUTION APPROVING PRELIMINARY Sewer Construction Fund and special SCHEDULE OF ASSESSMENTS assessment bonds may be issued in anticipation of deferred payments of assessments when a NOW THEREFORE, BE IT RESOLVED BY contract has been performed and accepted, and THE CITY COUNCIL OF THE CITY OF the proceeds thereof used to pay the contractor. DUBUQUE, IOWA: The above resolution was introduced, That the attached sheets, 1 to 1 inclusive, are approved and ordered placed on file with the hereby determined to be the schedule of th City Clerk this 15 day of September, 2003. proposed assessments for the Chestnut Street Approved and placed on file for final action. (Highland to Cox) Reconstruction Project and Terrance M. Duggan, Mayor the valuations set out herein are hereby Attest: Jeanne F. Schneider, CMC, City Clerk approved. th Buol moved adoption of the Resolution. Passed, approved and adopted this 15 day of Seconded by Michalski. Motion carried 7-0. September, 2003. 288 Regular Session, September 15, 2003 Terrance M. Duggan, Mayor three year term which will expire 9/8/06. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. PUBLIC HEARINGS Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 340-03 Buol moved that the rules be suspended to ORDERING BIDS allow anyone present to speak. Seconded by NOW THEREFORE, BE IT RESOLVED BY Nicholson. Motion carried 7-0. THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Dubuque Bank and Trust Company – Request That the Chestnut Street (Highland to Cox) to Rezone: Proof of publication on notice of Reconstruction Project is hereby ordered to be hearing to consider rezoning property located at advertised for bids for construction. the southwest corner of the Northwest Arterial BE IT FURTHER RESOLVED, that the amount and Asbury Road from PC Planned Commercial of the security to accompany each bid shall be in District to C-3 General Commercial District at an amount which shall conform to the provisions the request of Dubuque Bank and Trust of the Notice to Bidders hereby approved as a Company and Zoning Advisory Commission part of the plans and specifications heretofore recommending approval, presented and read. adopted. Markham moved that the proof and That the City Clerk is hereby directed to communication be received and filed. Seconded advertise for bids for the construction of the by Connors. Motion carried 7-0. improvements herein provided, to be published Mr. Nelson Klavitter, Vice President of in a newspaper having general circulation in the Operations of Dubuque Bank and Trust, spoke City of Dubuque, Iowa, which notice shall not be requesting the rezoning for their branch bank at less than four days nor more than forty-five days this location. prior to the receipt of said bids at 2:00 p.m. on An Ordinance Amending Appendix A (the th the 9 day of October, 2003. Bids shall be Zoning Ordinance) of the City of Dubuque Code opened and read by the City Clerk at said time of Ordinances by reclassifying hereinafter and will be submitted to the Council for final described property located at the southwest th action at 6:30 p.m. on the 20 day of October, corner of the Northwest Arterial and Asbury 2003. Road from PC Planned Commercial District to th Passed, adopted and approved this 15 day of C-3 General Commercial District, presented and September, 2003. read. Terrance M. Duggan, Mayor OFFICIAL PUBLICATION Attest: Jeanne F. Schneider, CMC, City Clerk ORDINANCE NO. 73-03 Buol moved adoption of the Resolution. AN ORDINANCE AMENDING APPENDIX A Seconded by Michalski. Motion carried 7-0. (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY Four Mounds Estate Historic District: Historic RECLASSIFYING HEREINAFTER DESCRI- Preservation Commission and the Long Range BED PROPERTY LOCATED AT THE Planning Advisory Commission requesting that SOUTHWEST CORNER OF THE NORTH- the City Council forward documentation to the WEST ARTERIAL AND ASBURY ROAD State Historic Preservation Office and set a FROM PC PLANNED COMMERCIAL public hearing for November 17, 2003 to DISTRICT TO C-3 GENERAL COMMERCIAL establish Four Mounds Estate Historic District as DISTRICT. a City landmark, presented and read. Buol moved that the communications be received and NOW, THEREFORE, BE IT ORDAINED BY filed and set Public Hearing for 11/17/03 at a THE CITY COUNCIL OF THE CITY OF meeting to commence at 6:30 P.M. in the public DUBUQUE, IOWA: library auditorium and that the City Clerk publish Section 1. That Appendix A (The Zoning notice in the manner prescribed by law. Ordinance) of the City of Dubuque Code of Seconded by Michalski. Motion carried 7-0. Ordinances is hereby amended by reclassifying the hereinafter-described property from PC BOARDS/COMMISSIONS Planned Commercial District to C-3 General Commercial District, to wit: Appointment to the following Committee: Lot 1 of Holliday Addition, and to the centerline Housing Advisory Trust Fund Committee (One of the adjoining public right-of-way, all in the City 3-year term through 9/8/06 – Term of Hingtgen) of Dubuque, Iowa. Applicant: Doris M. Hingtgen. Michalski moved Section 2. The foregoing amendment has that Doris M. Hingtgen be reappointed to the heretofore been reviewed by the Zoning Housing Advisory Trust Fund Committee for a Advisory Commission of the City of Dubuque, Iowa. Regular Session, September 15, 2003 Section 3. This Ordinance shall take effect Attest: Jeanne F. Schneider, CMC, City Clerk immediately upon publication, as provided by Cline moved adoption of the Resolution. law. Seconded by Nicholson. Motion carried 7-0. th Passed, approved and adopted this 15 day of RESOLUTION NO. 342-03 September,20032001. RESOLUTION WITH RESPECT TO THE Terrance M. Duggan, Mayor ADOPTION OF THE RESOLUTION OF Attest: Jeanne F. Schneider, CMC, City Clerk NECESSITY PROPOSED FOR THE Published officially in the Telegraph Herald th UNIVERSITY AVENUE RECONSTRUCTION Newspaper the 19 day of September, 2003. PROJECT FROM DELHI TO ALTA VISTA AND /s/Jeanne F. Schneider, CMC, City Clerk THE UNIVERSITY AVENUE PATCHING 1t 9/19 PROJECT FROM ALTA VISTA TO SPRUCE Markham moved that the requirement that a STREET proposed Ordinance be considered and voted on for passage at two Council Meetings prior to Whereas, the City Council has proposed a the meeting at which it is to be finally passed be Resolution of Necessity for the University suspended and further moved final Avenue Reconstruction Project from Delhi to consideration and passage of the Ordinance. Alta Vista and the University Avenue Patching Seconded by Connors. Motion carried 7-0. Project from Alta Vista to Spruce Street, has given notice of the public hearing thereon as University Avenue Reconstruction and required by law; and Patching Project: Proof of publication on notice Whereas, the public hearing has been held, all of hearing on the plans and specifications and persons offering objections have been heard the Resolution of Necessity for the University and consideration given to all objections and is Avenue Reconstruction and Patching Project pending before this Council; and and City Manager recommending approval, Whereas, this is the time and place set as presented and read. Cline moved that the proof provided for the taking of action on the proposed be received and filed. Seconded by Nicholson. Resolution of Necessity. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY Jerry Maro, 10358 Timothy, as the owner of THE CITY COUNCIL OF THE CITY OF rental property on University, objected to the DUBUQUE, IOWA: proposed 120 days of construction which would That the proposed Resolution of Necessity negatively impact his tenants. described above is hereby: Council Member Cline requested that the x Adopted, without amendment, and all University Ave. reconstruction and Chestnut St. objections filed or made having been duly reconstruction not be done at the same time as considered are overruled. it would seriously impair parking and traffic in Adopted as amended by the Schedule of that area. Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections RESOLUTION NO. 341-03 filed or made having been duly considered are RESOLUTION ADOPTING overruled. PLANS AND SPECIFICATIONS Deferred for later consideration to a City th Whereas, on the 13 day of August, 2003, Council meeting to be held on the _____ day of plans, specifications, form of contract and , 2003, next at 6:30 p.m. in the Public Library estimated cost were filed with the City Clerk of Auditorium, with jurisdiction retained for further Dubuque, Iowa for the University Avenue consideration and action at the adjourned Reconstruction Project from Delhi to Alta Vista meeting. and the University Avenue Patching Project from Abandoned. th Alta Vista to Spruce Street. Passed, adopted and approved this 15 day of Whereas, notice of hearing on plans, September, 2003. specifications, form of contract, and estimated Terrance M. Duggan, Mayor cost was published as required by law. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA: That the said plans, specifications, form of In-Line Skate Rink Project: Proof of contract and estimated cost are hereby publication on notice of hearing on the plans and approved as the plans, specifications, form of specifications and notice to bidders for the In- contract and estimated cost for said Line Skate Rink Project and City Manager improvements for said project. recommending award of the contract to Fondell th Passed, adopted and approved this 15 day of Excavating, presented and read. Markham September, 2003. moved that the proof and communication be Terrance M. Duggan, Mayor 290 Regular Session, September 15, 2003 received and filed. Seconded by Cline. Motion Markham moved adoption of the Resolution. carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 343-03 Buol moved to reinstate the rules limiting RESOLUTION ADOPTING discussion to the Council. Seconded by PLANS AND SPECIFICATIONS Markham. Motion carried 7-0. WHEREAS, on the 18th day of August, 2003, plans, specifications, form of contract and ACTION ITEMS estimated cost were filed with the City Clerk of Dubuque, Iowa for the IN-LINE SKATE RINK Bond Sale to Support Stormwater Projects: CONCRETE SLAB PROJECT. City Manager advising that the sale of WHEREAS, notice of hearing on plans, $2,110,000 General Obligation Bonds to support specifications, form of contract, and estimated stormwater projects was scheduled for 11:00 cost was published as required by law. a.m., Monday, September 15, 2003, presented NOW THEREFORE, BE IT RESOLVED BY and read. Cline moved that the proof be THE CITY COUNCIL OF THE CITY OF received and filed. Seconded by Markham. DUBUQUE, IOWA: Motion carried 7-0. That the said plans, specifications, form of Mr. David Dirks, of the City’s financial advisory contract and estimated cost are hereby firm, spoke positively of the City’s improved approved as the plans, specifications, form of financial rating. contract and estimated cost for said RESOLUTION NO. 345-03 improvements for said project. RESOLUTION DIRECTING SALE OF Passed, approved and adopted this 15th day $2,110,000 GENERAL OBLIGATION BONDS, of September, 2003. SERIES 2003 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Whereas, pursuant to notice as required by law, Markham moved adoption of the Resolution. bids have been received at public sale for the Seconded by Cline. Motion carried 7-0. Bonds described as follows and the best bid received is determined to be the following: RESOLUTION NO. 344-03 $2,110,000 GENERAL OBLIGATION BONDS, AWARDING CONTRACT SERIES 2003: WHEREAS, sealed proposals have been Bidder: RBC Dain Rauscher, Inc. of Clive, Iowa submitted by contractors for the IN-LINE SKATE the terms of said bid being: PARK CONCRETE SLAB PROJECT pursuant Purchase Price: $2,095,230.00 to Resolution No. 279-03, and notice to bidders Net Interest Rate: 4.2743% published in a newspaper published in the City Net Interest Cost $1,013,780.54 of Dubuque, Iowa, on the 5th day of September, NOW, THEREFORE, BE IT RESOLVED BY 2003. THE CITY COUNCIL OF THE CITY OF WHEREAS, said sealed proposals were DUBUQUE, IOWA: opened and read on the 4th day of September, Section 1. That the bid for the bonds as above 2003, and it has been determined that the bid of set out is hereby determined to be the best and Fondell Excavating in the amount of $85,850.80 most favorable bid received and, said bonds are was the lowest bid for the furnishings of all labor hereby awarded based on said bid. and materials and performing the work as Section 2. That the statement of information provided for in the plans and specifications. for bond bidders and the form of contract for the NOW THEREFORE, BE IT RESOLVED BY sale of said bonds are hereby approved and the THE CITY COUNCIL OF THE CITY OF Mayor and Clerk are authorized to execute the DUBUQUE, IOWA: same on behalf of the City. That the contract for the above improvement Section 3. That the notice of the sale of the be awarded to Fondell Excavating, and the bonds heretofore given and all acts of the Clerk Manager be and is hereby directed to execute a and Finance Director done in furtherance of the contract on behalf of the City of Dubuque for the sale of said bonds are hereby ratified and complete performance of the work. approved. th BE IT FURTHER RESOLVED: Passed, approved and adopted this 15 day of That upon the signing of said contract and the September, 2003. approval of the contractor's bond, the City Terrance M. Duggan, Mayor Treasurer is authorized and instructed to return Attest: Jeanne F. Schneider, City Clerk the bid deposits of the unsuccessful bidders. Cline moved adoption of the Resolution. Passed, approved and adopted this 15th day Seconded by Markham. Motion carried 7-0 of September, 2003. Terrance M. Duggan, Mayor Historic Preservation Commission: Historic Attest: Jeanne F. Schneider, City Clerk Preservation Commission recommending Regular Session, September 15, 2003 approval of an amendment to the Historic (C) Members shall serve three-year terms. Preservation Ordinance to increase the (D) Vacancies occurring in the commission, membership of the Commission to nine other than through expiration of term of office, members by adding two additional at-large shall be only for the unexpired portion or the members, presented and read. Buol moved term of the member replaced. Each member that the communication be received and filed. shall serve until the appointment of a successor. Seconded by Connors. Motion carried 7-0. (E) Members may serve for more than one term. Council Member Michalski voiced concern as (F) Vacancies shall be filled by the city council in to obtaining a quorum at their meetings. accordance with the requirements set forth Christopher Wand, Chair of the Historic above. Preservation Commission, spoke clarifying that (G) Members shall serve without compensation. these additional at large positions would help Section 2. That the foregoing has heretofore with a quorum. been reviewed by the Historic Preservation Commission of the City of Dubuque, Iowa. An Ordinance Amending the City of Dubuque Section 3. This ordinance shall take effect on th Code of Ordinances Chapter 25 Historic the 17 day of October, 2003. th Preservation, Section 25-3 Historic Preservation Passed, approved and adopted this 15 day of Commission Established; Membership; Term of September, 2003. Office; Vacancies in Office, presented and read. /s/Terrance M. Duggan, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION Published officially in the Telegraph Herald th ORDINANCE NO. 74-03 Newspaper the 19 day of September, 2003. AN ORDINANCE AMENDING THE CITY OF /s/Jeanne F. Schneider, CMC, City Clerk DUBUQUE CODE OF ORDINANCES 1t 9/19 CHAPTER 25 HISTORIC PRESERVATION Buol moved that the requirement that a SECTION 25-3 HISTORIC PRESERVATION proposed Ordinance be considered and voted COMMISSION ESTABLISHED; MEMBER- on for passage at two Council Meetings prior to SHIP; TERM OF OFFICE; VACANCIES IN the meeting at which it is to be finally passed be OFFICE. suspended and further moved final Whereas, the Historic Preservation consideration and passage of the Ordinance. Commission has recommended amendments to Seconded by Connors. Motion carried 7-0. Chapter 25 Historic Preservation of the Code of Ordinances of the City of Dubuque; and Callahan Subdivision: City Manager Whereas, the City Council finds that the recommending approval of a request from Joel recommended amendments are consistent with Callahan, President of Callahan Construction, the goals and objectives of the Comprehensive Inc., for City assistance to facilitate development Plan and the purpose and intent of the Historic of his proposed mixed-use subdivision that Preservation Ordinance. would include affordable owner-occupied NOW, THEREFORE, BE IT ORDAINED BY housing, presented and read. Markham moved THE CITY COUNCIL OF THE CITY OF that the communication be received and filed DUBUQUE, IOWA: and approved recommendation. Seconded by Section 1. SECTION 25-3 of the City of Connors. Motion carried 7-0. Dubuque Code of Ordinances is hereby amended to read as follows: The following item was removed from the Section 25-3 Historic Preservation Commission Agenda at the request of Mr. Callahan: established; Membership; Term of Office; Westbrook Subdivision – Final Plat: City Vacancies in Office. Manager recommending approval of the final (A) The historic preservation commission is plat of Phase I of Westbrook Subdivision, which hereby established and shall consist of nine (9) was recently approved for annexation in the City members who shall be residents of the city. of Dubuque, as requested by Joel Callahan and (B) Members of the commission shall be a Resolution approving the final plat of Lots 1 appointed by the city council as follows: One thru 48, inclusive, of Block 1, Lots 1 thru 10, resident from each designated historic inclusive, of Block 3 and Lots A, B, C, D, E, F, preservation district, including the districts G, H, I, J, and K of Westbrook Subdivision. hereinafter established; and four (4) at large members. Each member shall possess Request for Qualifications – Grand River qualifications evidencing expertise or interest in Center Artwork: City Manager recommending architecture, history, archeology, law, approval of the issuance of a Request for construction or building rehabilitation, city Qualifications for artwork for the Grand River planning or conservation in general. One Center, presented and read. Cline moved that commission member shall be a licensed the communication be received and filed and architect. 292 Regular Session, September 15, 2003 approved recommendation. Seconded by SUCCESSORS AND ASSIGNS, GENERATED Connors. Motion carried 7-0. FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE Franchise Fee Ordinance Amendment: City Section 1. Effective October 1, 2003 and for Manager recommending approval of the term of the franchise granted by Ordinance amendments to the Franchise Fee Ordinances No. 58-93, there is hereby imposed upon the to provide for changing the reporting date to the Company a fee equal to two percent (2%) of the th 15 of each month commencing on November gross revenue generated from the sale of 15, 2003 and to further address tax-exempt electricity within the City of Dubuque. properties, presented and read. Buol moved Section 2. The Company shall on the fifteenth that the communication be received and filed. day of each month, commencing November 15, Seconded by Markham. Motion carried 7-0. 2003, provide to the City Manager in a form acceptable to the City Manager records An Ordinance Amending Ordinance No. 58-03 establishing the gross revenues from the sale of Establishing a franchise fee of two percent (2%) electricity by the Company within the City of of the gross revenue of Interstate Power Dubuque for the preceding month and shall pay Company, its successors and assigns, the fee to the City within thirty (30) days generated from the sale of electricity within the following the last day of the preceding month. City of Dubuque, presented and read. Section 3. The fee imposed by Sec. 1 shall not apply to any sale of electricity by the OFFICIAL PUBLICATION Company that is exempt under Iowa Code § ORDINANCE NO. 75-03 422.45 from the tax imposed by Iowa Code § AMENDING ORDINANCE NO. 58-03 422.43 and in computing the amount of the fee, ESTABLISHING A FRANCHISE FEE OF TWO the Company shall not include such sales, PERCENT (2%) OF THE GROSS REVENUE unless it is impracticable to do so, in which event OF INTERSTATE POWER COMPANY, ITS the City Manager may provide for a rebate of the SUCCESSORS AND ASSIGNS, GENERATED amount of the fee for such exempt sales of FROM THE SALE OF ELECTRICITY WITHIN electricity to the Company’s customers. THE CITY OF DUBUQUE Section 2. This ordinance shall take effect Whereas, City of Dubuque Ordinance No. 58-upon publication. th 93 (City of Dubuque Code of Ordinances Passed, approved and adopted this 15 day of Appendix D), adopted by the City Council on the September, 2001. 4th day of October 1993, granted to Interstate Terrance M. Duggan, Mayor Power Company, its successors and assigns Attest: Jeanne F. Schneider, CMC, City Clerk (hereinafter referred to collectively as the Published officially in the Telegraph Herald th Company), nonexclusive authority for a period of Newspaper the 19 day of September, 2003. twenty-five (25) years to maintain and operate /s/Jeanne F. Schneider, CMC, City Clerk its electrical system within the limits of the City 1t 9/19 of Dubuque; and Buol moved that the requirement that a Whereas, Ordinance No. 58-93 provides that proposed Ordinance be considered and voted the City Council may, impose a franchise fee not on for passage at two Council Meetings prior to to exceed three (3) percent of the gross revenue the meeting at which it is to be finally passed be of the Company generated from the sale of suspended and further moved final electricity within the City of Dubuque; and consideration and passage of the Ordinance. Whereas, the City Council has determined that Seconded by Markham. Motion carried 7-0. a franchise fee is in the best interests of the City of Dubuque; and An Ordinance Amending Ordinance No. 59-03 Whereas, the City Council by the adoption of Establishing a franchise fee of two percent (2%) Ordinance No. 58-03 established a franchise of the gross revenue of Peoples Natural Gas, its fee; and successors and assigns, generated from the Whereas, the City Council has determined that sale of natural gas or mixed gas within the City an amendment to Ordinance No. 58-03 is of Dubuque, necessary. OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY ORDINANCE NO. 76-03 THE CITY COUNCIL OF THE CITY OF AMENDING ORDINANCE NO. 59-03 DUBUQUE, IOWA: ESTABLISHING A FRANCHISE FEE OF TWO Section 1. Ordinance No. 58-03 is amended to PERCENT (2%) OF THE GROSS REVENUE read as follows: OF PEOPLES NATURAL GAS COMPANY, ITS ORDINANCE NO. 58-03 SUCCESSORS AND ASSIGNS, GENERATED ESTABLISHING A FRANCHISE FEE OF TWO FROM THE DISTRIBUTION AND SALE OF PERCENT (2%) OF THE GROSS REVENUE OF INTERSTATE POWER COMPANY, ITS Regular Session, September 15, 2003 NATURAL GAS OR MIXED GAS WITHIN THE 1, 2003, and thereafter as persons on the CITY OF DUBUQUE exemption list are changed by the City, provide Whereas, City of Dubuque Ordinance No. 43-the Company with a list of the names of persons 93 (City of Dubuque Code of Ordinances who are exempt from the fee and in computing Appendix C), adopted by the City Council on the the amount of the fee, the Company shall not 19th day of July, 1993, granted to Peoples include any sales to such persons. Natural Gas Company, its successors and The City Manager shall provide a procedure for assigns (hereinafter referred to collectively as the rebate of the fee to persons who are partially the Company), nonexclusive authority for a exempt under § 422.45 from the tax imposed by period of twenty-five (25) years to maintain and Iowa Code § 422.43 for sales of natural and operate its gas distribution system within the mixed gas to the Company’s customers. limits of the City of Dubuque; and Section 4. If for any reason the time and Whereas, Ordinance No. 43-93 provides that manner of collecting, or any aspect of the the City Council may, impose a franchise fee not franchise fee, is challenged by or before the to exceed three (3) percent of the gross revenue Iowa Utilities Board, Company shall promptly of the Company generated from the sale of give notice to City and the Company shall, in natural and mixed gas within the City of any case, diligently and continuously exercises Dubuque; and its efforts to sustain said fee and payments and Whereas, the City Council has determined that the time and manner of its collection. If at any a franchise fee is in the best interests of the City time the Iowa Utilities Board, or any other of Dubuque; and authority having proper jurisdiction, prohibits the Whereas, the City Council by the adoption of City from imposing the franchise fee called for Ordinance No. 59-03 establish a franchise fee; herein, the Company will no longer be obligated and to collect and pay the franchise fee herein. The Whereas, the City Council has determined that City agrees to save harmless the Company, its an amendment to Ordinance No. 59-03 is employees or agents from and against all necessary. claims, demands, losses and expenses arising NOW, THEREFORE, BE IT ORDAINED BY out of the collection of the franchise fee from the THE CITY COUNCIL OF THE CITY OF Company’s customers or in remitting the DUBUQUE, IOWA: franchise fee amounts collected to the City; Section 1. Ordinance No. 59-03 is amended to provided, however, that the City shall not be read as follows: required to save harmless the Company from ORDINANCE NO. 59-03 claims, demands, losses and expenses arising ESTABLISHING A FRANCHISE FEE OF TWO out of the negligence of the Company, its PERCENT (2%) OF THE GROSS REVENUE employees or agents OF PEOPLES NATURAL GAS COMPANY, ITS Section 5. The amount billed by the Company SUCCESSORS AND ASSIGNS, GENERATED for the sale of natural gas or mixed gas to its FROM THE DISTRIBUTION AND SALE OF customers may be adjusted for any net write-off NATURAL GAS OR MIXED GAS WITHIN THE of uncollectible accounts and corrections of bills CITY OF DUBUQUE theretofore rendered, and past or future Section 1. Effective October 1, 2003 and for franchise fees remitted to the City may be the term of the franchise granted by Ordinance adjusted accordingly by the Company to reflect No. 43-93, there is hereby imposed upon the the lawful or necessary correction to billing and Company a fee equal to two percent (2%) of the collection from its customers for natural gas sold gross revenue generated from the sale of within the corporate limits of the City. natural and mixed gas within the City of Section 6. The City shall provide copies of Dubuque. annexation ordinances to the Company on a Section 2. The Company shall on the fifteenth timely basis to ensure appropriate franchise fee day of each month, commencing November 15, collection from customers within the corporate 2003, provide to the City Manager in a form limits of the City. acceptable to the City Manager records Section 2. This ordinance shall take effect establishing the gross revenues from the sale of upon publication. th natural and mixed gas by the Company within Passed, approved and adopted this 15 day of the City of Dubuque for the preceding month September, 2001. and shall pay the fee to the City within thirty (30) /s/Terrance M. Duggan, Mayor days following the last day of the preceding Attest: /s/Jeanne F. Schneider, CMC, City Clerk month. Published officially in the Telegraph Herald th Section 3. The fee imposed by Sec. 1 shall Newspaper the 19 day of September, 2003. not apply to any sale of natural and mixed gas /s/Jeanne F. Schneider, CMC, City Clerk by the Company that is exempt under Iowa 1t 9/19 Code § 422.45 from the tax imposed by Iowa Buol moved that the requirement that a Code § 422.43. The City shall, prior to October proposed Ordinance be considered and voted 294 Regular Session, September 15, 2003 on for passage at two Council Meetings prior to accordance with the City of Dubuque standard the meeting at which it is to be finally passed be specifications, all in a manner acceptable to the suspended and further moved final City Engineer, in conformance with construction consideration and passage of the Ordinance. improvement plans approved by the City Seconded by Markham. Motion carried 7-0. Engineer, and inspected by the City Engineer. (b) To install sanitary sewer and service Eagle Valley Subdivision – Final Plat: City laterals, water mains and water service laterals Manager recommending approval of the final into each individual lot, storm sewers and catch plat of Lots 1 – 4 and Lots A-B of Block 5, basins, boulevard street lighting and erosion inclusive, of Eagle Valley Subdivision, presented control devices all in accordance with the City of and read. Markham moved that the Dubuque standard specifications, all in a communication be received and filed. Seconded manner acceptable to the City Engineer, and in by Connors. Motion carried 7-0. accordance with construction improvement plans approved by the City Engineer, and RESOLUTION NO. 346-03 inspected by the City Engineer. A RESOLUTION APPROVING THE FINAL (c) To construct said improvements, prior to PLAT OF LOTS 1-4, INCLUSIVE, AND LOTS two (2) years from the date of acceptance of this A-B, INCLUSIVE OF BLOCK 5 OF EAGLE resolution, at the sole expense of the owners, or VALLEY SUBDIVISION, IN THE CITY OF future owner; DUBUQUE, IOWA. (d) To maintain the above public Whereas, there has been filed with the City improvements, for a period of two (2) years from Clerk a final plat of Lots 1-4, Inclusive, and Lots the date of the acceptance of those A-B, Inclusive of Block 5 of Eagle Valley improvements by the City of Dubuque, Iowa, at Subdivision in the City of Dubuque, Iowa; and; the sole expense of the owners, or future owner; Whereas, upon said final plat appears streets And, further provided that said Arnold Van Etten, to be known as Golden Eagle Drive (Lot B), as owner of said property, shall secure the together with certain public utility easements all performance of the foregoing conditions in Eagle Valley Subdivision, which the owner, by provided in this Section by providing guarantees said final plat, has dedicated to the public in such form and with such sureties as may be forever; and acceptable to the City Manager of the City of Whereas, the preliminary plat has been Dubuque, Iowa. examined by the Zoning Advisory Commission Section 3. Sidewalk installation shall be the and had its approval endorsed thereon; and responsibility of the owner abutting the public Whereas, said final plat has been reviewed by rights-of-way, including lots with multiple the City Planner and had her approval endorsed frontages, as required by City Code 41-161 thereon, subject to the owners agreeing to the through 41-164. The responsibility shall extend conditions noted in Section 2 below; and to all successors, heirs and assignees. Whereas, said final plat has been examined by Sidewalk installation will not be required until the the City Council and they find that it conforms to development of the lot has been completed, the statutes and ordinances relating to it, except except as required herein. In sparsely that no streets or public utilities have yet been developed subdivisions, sidewalks on developed constructed or installed. lots will not be required until 50% of the lots NOW, THEREFORE, BE IT RESOLVED BY approved by the plat have been developed. All THE CITY COUNCIL OF THE CITY OF vacant lots shall have sidewalks installed upon DUBUQUE, IOWA: development of 80% of the lots approved by the Section 1. That the dedication of Golden Eagle plat. Drive (Lot B), and the easements for public Section 4. The developer will maintain erosion utilities, sanitary sewer, storm sewer and water control devices constructed in Block 5 of Eagle mains as they appear upon said final plat, be Valley Subdivision until it has been fully and the same are hereby accepted; and completed. Upon the Citys acceptance of the = Section 2. That the final plat of Lots 1-4, detention facility, the maintenance expenses Inclusive, and Lots A-B, Inclusive, of Block 5, is incurred by the City of Dubuque for the storm hereby approved and the Mayor and City Clerk water detention facility (Lot G) shall be assessed are hereby authorized and directed to endorse against the lot owners of Eagle Valley the approval of the City of Dubuque, Iowa, upon Subdivision, in equal amounts, and the City said final plat, provided the owners of said Manager shall certify such costs to the City property herein named, execute their written Clerk, who in turn shall promptly certify such acceptance hereto attached agreeing: costs to the Dubuque County Treasurer, and (a) To reduce Golden Eagle Drive (Lot B) to such costs shall then be collected with and in grade and to construct concrete curb and gutter the same manner as general property taxes in and to hard surface with asphaltic concrete, or accordance with provisions of law. with concrete paving with integral curb, all in Regular Session, September 15, 2003 Section 5. That the final acceptance of all /s/ Jeanne F. Schneider, CMC public improvements shall occur upon City Clerk certification of the City Engineer to the City 1t 9/24 Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and Approved:__________________________2003 accepted by City Council Resolution. Section 6. That in the event Arnold Van Etten Adopted:___________________________2003 fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the ______________________________________ provisions hereof shall be null and void and the Mayor acceptance of the dedication and approval the plat shall not be effective. ______________________________________ th Passed, approved and adopted this 15 day of September 2003. ______________________________________ Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ______________________________________ Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ______________________________________ Acquisition and Demolition of 1650 Old Mill ______________________________________ Road: City Manager recommending submittal of an amended request to the Iowa Emergency ______________________________________ Management Division to acquire a non-Council Members residential flood prone property at 1650 Old Mill Road and to authorize the City Manager to Attest: negotiate a lease agreement for vacant property located at 1695 Old Mill Road, 1699 Old Mill ______________________________________ Road, 1620 Old Mill Road and 1650 Old Mill City Clerk Road, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Pier Wall Signage and Refuse Collection from Visiting Boats: City Manager recommending approval of additional signage at the transient boat docks along the sheet pile wall at the Mississippi Riverwalk and further recommending that visiting passenger boats be required to have a truck haul their refuse away immediately instead of leaving a large refuse container at the American Trust River’s Edge Plaza, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. At 7:43 P.M. Markham moved to go into Closed Session re: Property Acquisition – Chapter 21.5(1)(j) 2003 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 8:41 Council reconvened Regular Session stating that proper direction had been given. There being no further business, Markham moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:42 P.M. 296 Special Session, September 26, 2003 DUBUQUE That upon the signing of said contract and the approval of the contractor’s bond, the City CITY COUNCIL Treasurer is authorized and instructed to return OFFICIAL the bid deposits of the unsuccessful bidders. PROCEEDINGS th Passed, approved and adopted this 26 day of September, 2003. City Council, Special Session, September 26, Terrance M. Duggan, Mayor 2003 Attest: Jeanne F. Schneider, CMC, City Clerk Council met in Special Session at 5:00 P.M. in Cline moved adoption of the Resolution. Conference Room B, City Hall Seconded by Michalski. Motion carried 4-0. Present: Mayor Duggan, Council Members New Market Tax Application: City Manager Cline, Markham, Michalski, City Manager recommending approval of a New Market Tax Michael Van Milligen, Corporation Counsel Barry Credit Application for Heartland Community Lindahl Development, Inc., presented and read. Absent: Council Members Buol, Connors, Michalski moved that the communication be Nicholson received and filed. Seconded by Cline. Motion carried 4-0. Mayor Duggan read the call and stated this is a special session of the City Council called for RESOLUTION NO. 348-03 the purpose of acting upon such matters that A RESOLUTION SUPPORTING AN APPLICA- may properly come before the City Council. TION FOR THE NEW MARKETS TAX CREDIT PROGRAM Port of Dubuque Logging Properties Whereas, the federal New Markets Tax Credit Demolition and Site Clearance Project: City Program has been established to assist in Manager recommending award of the contract providing investments in low income for the Port of Dubuque Logging Properties neighborhoods; and Demolition and Site Clearance Project to WC Whereas, Heartland Community Development Stewart Construction, Inc., presented and read. Inc., a subsidiary of Heartland Financial USA Cline moved that the communication be Inc., the parent company of Dubuque Bank and received and filed. Seconded by Michalski. Trust, is proposing to file an application for an Motion carried 4-0. allocation of New Markets Tax Credits; and Whereas, the application is targeted to the RESOLUTION NO. 347-03 lowest income neighborhoods in the City of AWARDING CONTRACT Dubuque; Whereas, sealed proposals have been NOW, THEREFORE, BE IT RESOLVED BY submitted by contractors for the Port of Dubuque THE CITY COUNCIL OF THE CITY OF Logging Properties – Building Demolition and DUBUQUE, IOWA: Site Clearance Project pursuant to Resolution Section 1. The City Council endorses and No. 307-03 and notice to bidders published in a supports the efforts of Heartland Community newspaper published in the City of Dubuque, Development Inc., a subsidiary of Heartland th Iowa on the 25 day of July, 2003. Financial USA Inc., the parent of Dubuque Bank Whereas, said sealed proposals were opened and Trust, to obtain a $75 million allocation from th and read on the 7 day of August, 2003, and it the New Markets Tax Credit Program. has been determined that the bid of WC Stewart Section 2. The City Manager is authorized to Construction Company of Dubuque, Iowa, in the assist Heartland Community Development Inc., amount of $69,000.00 was the lowest bid for the a subsidiary of Heartland Financial USA Inc., the furnishings of all labor and materials and parent of Dubuque Bank and Trust, in the performing the work as provided for in the plans application process for the New Markets Tax and specifications. Credit Program. NOW THEREFORE, BE IT RESOLVED BY th Passed, approved and adopted this 26 day of THE CITY COUNCIL OF THE CITY OF September, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor That the contract for the above improvement Jeanne F. Schneider, City Clerk be awarded to WC Stewart Construction Michalski moved adoption of the Resolution. Company and the Manager be and is hereby Seconded by Cline. Motion carried 4-0. directed to execute a contract on behalf of the City of Dubuque for the complete performance HUD Lead-Based Paint Award: City Manager of the work, subject to HUD authorization and recommending approval of the execution of a the release of Federal Economic Development $2.4 million Lead-Based Paint Award Agreement Initiative Grant Funds. with the Department of Housing and Urban BE IT FURTHER RESOLVED: Special Session, September 26, 2003 297 Development, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded Approved:__________________________2003 by Markham. Motion carried 4-0. Adopted:___________________________2003 Riprow Valley Conservation Easement: City Manager recommending approval of the corrected version of the conservation easement ______________________________________ with Iowa Natural Heritage Foundation for Mayor property in the Riprow Valley Restoration Project, presented and read. Markham moved ______________________________________ that the communication be received and filed and approved recommendation. Seconded by ______________________________________ Cline. Motion carried 4-0. ______________________________________ Vessel Systems Assignment of Development Agreement: City Manager recommending ______________________________________ approval of an assignment of a development agreement between Vessel Systems, Inc. and ______________________________________ Marke, L.L.C., presented and read. Cline moved that the communication be received and ______________________________________ filed and recommendation approved. Seconded Council Members by Markham. Motion carried 4-0. Attest: There being no further business, Cline moved to adjourn. Seconded by Michalski. Motion ______________________________________ carried 4-0. The meeting adjourned at 5:11 City Clerk P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/6