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2003 November Council Proceedings Regular Session, November 3, 2003 347 DUBUQUE moved that the report be received and filed. Seconded by Michalski. Motion carried 7-0. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Michael and Allison PROCEEDINGS Lott for property damage; Agnes Vorwald for property damage, presented and read. Buol moved that the claims be referred to the Legal City Council, Regular Session, November 3, Staff for investigation and report. Seconded by 2003 Michalski. Motion carried 7-0. Council met in Regular Session at 6:30 P.M. in the Library Auditorium Corporation Counsel recommending settle- ment of the claim of Agnes Vorwald for property Present: Mayor Duggan, Council Members damage and directing the Finance Department Buol, Cline, Connors, Markham, Michalski, to issue payment, presented and read. Buol Nicholson, City Manager Michael Van Milligen, moved that the communication be received and Assistant City Attorney Tim O’Brien filed and approved settlement directing Finance Department to issue proper payment. Mayor Duggan read the call and stated this is Seconded by Michalski. Motion carried 7-0. a regular session of the City Council called for the purpose of discussing such matters which Citizen Communications: may properly come before the City Council. Communication from Jeff and Julie Chase requesting to purchase a portion of City-owned Invocation was given by Reverend David property located next to Gay Park, presented Solberg, Wartburg Theological Seminary. and read. Buol moved that the communication be received and filed and referred to the City Proclamations: Philanthropy Day (November Manager. Seconded by Michalski. Motion 19, 2003) received by David Solberg; Hospice carried 7-0. Month (November, 2003) received by Carole Communication from Steve and Judy Selchert, Carroll; Youth Appreciation Month (November, Steve’s Ace Hardware, requesting to purchase a 2003) received by Beverly Feldermann. portion of City-owned property abutting 3350 John F. Kennedy Road, presented and read. CONSENT ITEMS Buol moved that the communication be received and filed and referred to the City Manager. Minutes and Reports Submitted: City Council Seconded by Michalski. Motion carried 7-0. of 10/20; Civil Service Commission of 10/10; Communication from the residents on West Five Flags Commission of 9/25; Historic th 16 Street requesting establishment of a Preservation Commission of 10/16; Housing Residential Parking Permit District in the 500 Code Appeals Board of 9/16, as amended; th block of West 16 Street between Cornell and Housing Commission Trust Fund Committee of Catherine Streets, presented and read. Buol 10/17 and 10/21; Investment Oversight moved that the communication be received and Commission of 10/23, presented and read. Buol filed and referred to the City Manager. moved that the minutes be received and filed. Seconded by Michalski. Motion carried 7-0. Seconded by Michalski. Motion carried 7-0. Request for Public Hearing - Eagle Point Bluff: Proof of publication of City Council Communication from Laurel Sprengelmeyer, Proceedings of October 6, 2003, presented and General Manager of Teesri Duniya Theatre, read. Buol moved that the proof be received requesting that a public hearing be held and filed. Seconded by Michalski. Motion regarding the condominium development project carried 7-0. at the end of Rhomberg Avenue, presented and read. Buol moved that the communication be Printed Council Proceedings of September, received and filed. Seconded by Michalski. 2003, presented and read. Buol moved that Motion carried 7-0. the proceedings be approved as printed. Seconded by Michalski. Motion carried 7-0. Environmental Stewardship Advisory Commission: Communication from Mary Rose Substance Abuse Services Center Fiscal Year Corrigan, Public Health Specialist, advising that 2004 First Quarter Report, presented and read. Environmental Stewardship Advisory Buol moved that the report be received and filed. Commission Member William Niemann has Seconded by Michalski. Motion carried 7-0. resigned and Commission Member Mark Henning does not plan to renew his application nd Investment Oversight Commission’s 42 for reappointment, presented and read. Buol Quarterly Report, presented and read. Buol moved that the communication be received and 348 Regular Session, November 3, 2003 filed. Seconded by Michalski. Motion carried 7-improvements be and the same are hereby 0. accepted. BE IT FURTHER RESOLVED that the City Iowa Department of Transportation: Treasurer be and he is hereby directed to pay to Communication from the Iowa Department of the contractor in the amount equal to the amount Transportation submitting a Notice of of his contract, less any retained percentage Environmental Assessment Availability and provided for therein, and the City shall be Public Hearing concerning the proposed reimbursed in the amount of 30% of said capacity improvement of US 20 in Dubuque contract amount from the Dubuque County County from Peosta to just east of the Northwest Historical Society and 70% of said contract Arterial, presented and read. Buol moved that amount from the Iowa Department of the communication be received and filed. Transportation, TEA-21 Grant. rd Seconded by Michalski. Motion carried 7-0. Passed, approved and adopted this 3 day of November, 2003. Brotherhood of Locomotive Engineers: Terrance M. Duggan, Mayor Communication from the Brotherhood of Attest: Jeanne F. Schneider, CMC, City Clerk Locomotive Engineers Iowa State Legislative Buol moved adoption of the Resolution. Board regarding the operation of remote Seconded by Michalski. Motion carried 7-0. controlled locomotives, presented and read. RESOLUTION NO. 414-03 Michalski moved that the communication be FINAL ESTIMATE received and filed and referred to Dubuque Metropolitan Area Transportation Study. Whereas, the contract for the Woodward Seconded by Connors. Motion carried 7-0. Museum – 2002 Renovations Project, Contract No.1 – Masonry Tuckpointing has been School Resource Officer (SRO) Agreement: completed and the City Engineer has submitted City Manager recommending approval of an his final estimate showing the cost thereof agreement between the City of Dubuque Police including the cost of estimates, notices and Department and the Dubuque Community inspection and all miscellaneous costs. School District regarding the duties and NOW THEREFORE, BE IT RESOLVED BY responsibilities of the School Resource Officers, THE CITY COUNCIL OF THE CITY OF presented and read. Buol moved that the DUBUQUE, IOWA: communication be received and filed and Section 1. That the cost of said improvement approved agreement. Seconded by Michalski. is hereby determined to be $79,579.50 and the Motion carried 7-0. said improvement shall be paid by the City as provided for therein, and the City shall be Woodward Museum – 2002 Renovations reimbursed in the amount of 30% of said Project: City Manager recommending contract amount from the Dubuque County acceptance of the Woodward Museum – 2002 Historical Society and 70% of said contract Renovations Project in the final contract amount from the Iowa Department of amounts of $79,579.50 (Contract No. 1 – Transportation, TEA-21 Grant. rd Masonry Tuckpointing), $35,550 (Contract No. 4 Passed, approved and adopted this 3 day of – HVAC), $58,464 (Contract No. 5 - Plumbing November, 2003. and Sprinkler), and $32,930 (Contract No. 6 – Terrance M. Duggan, Mayor Electrical), presented and read. Buol moved Attest: Jeanne F. Schneider, CMC, City Clerk that the communication be received and filed. Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 413-03 RESOLUTION NO. 415-03 ACCEPTING IMPROVEMENTACCEPTING IMPROVEMENT Whereas, the contract for the Woodward Whereas, the contract for the Woodward Museum – 2002 Renovations Project, Contract Museum – 2002 Renovations Project, Contract No.1 – Masonry Tuckpointing has been No. 4 – HVAC has been completed and the City completed and the City Manager has examined Manager has examined the work and filed his the work and filed his certificate stating that the certificate stating that the same has been same has been completed according to the completed according to the terms of the terms of the contracts, plans and specifications contracts, plans and specifications and and recommends its acceptance. recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the recommendation of the Section 1. That the recommendation of the City Manager be approved and that said City Manager be approved and that said Regular Session, November 3, 2003 349 improvements be and the same are hereby improvements be and the same are hereby accepted. accepted. BE IT FURTHER RESOLVED that the City BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to Treasurer be and he is hereby directed to pay to the contractor in the amount equal to the amount the contractor in the amount equal to the amount of his contract, less any retained percentage of his contract, less any retained percentage provided for therein, and the City shall be provided for therein, and the City shall be reimbursed in the amount of 30% of said reimbursed in the amount of 30% of said contract amount from the Dubuque County contract amount from the Dubuque County Historical Society and 70% of said contract Historical Society and 70% of said contract amount from the Iowa Department of amount from the Iowa Department of Transportation, TEA-21 Grant. Transportation, TEA-21 Grant. rdrd Passed, approved and adopted this 3 day of Passed, approved and adopted this 3 day of November, 2003. November, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 416-03 RESOLUTION NO. 418-03 FINAL ESTIMATE FINAL ESTIMATE Whereas, the contract for the Woodward Whereas, the contract for the Woodward Museum – 2002 Renovations Project, Contract Museum – 2002 Renovations Project, Contract No. 4 – HVAC has been completed and the City No. 5 – Plumbing and Sprinkler has been Engineer has submitted his final estimate completed and the City Engineer has submitted showing the cost thereof including the cost of his final estimate showing the cost thereof estimates, notices and inspection and all including the cost of estimates, notices and miscellaneous costs. inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the cost of said improvement Section 1. That the cost of said improvement is hereby determined to be $35,550.00 and the is hereby determined to be $58,464.00 and the said improvement shall be paid by the City as said improvement shall be paid by the City as provided for therein, and the City shall be provided for therein, and the City shall be reimbursed in the amount of 30% of said reimbursed in the amount of 30% of said contract amount from the Dubuque County contract amount from the Dubuque County Historical Society and 70% of said contract Historical Society and 70% of said contract amount from the Iowa Department of amount from the Iowa Department of Transportation, TEA-21 Grant. Transportation, TEA-21 Grant. rdrd Passed, approved and adopted this 3 day of Passed, approved and adopted this 3 day of November, 2003. November, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 417-03 RESOLUTION NO. 419-03 ACCEPTING IMPROVEMENTACCEPTING IMPROVEMENT Whereas, the contract for the Woodward Whereas, the contract for the Woodward Museum – 2002 Renovations Project, Contract Museum – 2002 Renovations Project, Contract No. 5 – Plumbing and Sprinkler has been No. 6 – Electrical has been completed and the completed and the City Manager has examined City Manager has examined the work and filed the work and filed his certificate stating that the his certificate stating that the same has been same has been completed according to the completed according to the terms of the terms of the contracts, plans and specifications contracts, plans and specifications and and recommends its acceptance. recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the recommendation of the Section 1. That the recommendation of the City Manager be approved and that said City Manager be approved and that said 350 Regular Session, November 3, 2003 improvements be and the same are hereby and the City Manager has examined the work accepted. and filed his certificate stating that the same has BE IT FURTHER RESOLVED that the City been completed according to the terms of the Treasurer be and he is hereby directed to pay to contract, plans and specifications and the contractor in the amount equal to the amount recommends its acceptance. of his contract, less any retained percentage NOW THEREFORE, BE IT RESOLVED BY provided for therein, and the City shall be THE CITY COUNCIL OF THE CITY OF reimbursed in the amount of 30% of said DUBUQUE, IOWA: contract amount from the Dubuque County Section 1. That the recommendation of the Historical Society and 70% of said contract City Manager be approved and that said amount from the Iowa Department of improvement be and the same is hereby Transportation, TEA-21 Grant. accepted. rd Passed, approved and adopted this 3 day of BE IT FURTHER RESOLVED that the City November, 2003. Treasurer be and he is hereby directed to pay to Terrance M. Duggan, Mayor the contractor in the amount equal to the amount Attest: Jeanne F. Schneider, CMC, City Clerk of his contract, less any retained percentage Buol moved adoption of the Resolution. provided for therein, and the City shall be Seconded by Michalski. Motion carried 7-0. reimbursed in the amount of 20% of said contract amount from the Dubuque County RESOLUTION NO. 420-03 Historical Society and 80% of said contract FINAL ESTIMATE amount from the Iowa Department of Whereas, the contract for the Woodward Transportation, TEA-21 Grant. rd Museum – 2002 Renovations Project, Contract Passed, approved and adopted this 3 day of No. 6 – Electrical has been completed and the November, 2003. City Engineer has submitted his final estimate Terrance M. Duggan, Mayor showing the cost thereof including the cost of Attest: Jeanne F. Schneider, CMC, City Clerk estimates, notices and inspection and all Buol moved adoption of the Resolution. miscellaneous costs. Seconded by Michalski. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 422-03 THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATE DUBUQUE, IOWA: Section 1. That the cost of said improvement Whereas, the contract for the Burlington is hereby determined to be $32,930.00 and the Northern Railroad Depot Restoration Project, said improvement shall be paid by the City as Contract No. 13 – HVAC has been completed provided for therein, and the City shall be and the City Engineer has submitted his final reimbursed in the amount of 30% of said estimate showing the cost thereof including the contract amount from the Dubuque County cost of estimates, notices and inspection and all Historical Society and 70% of said contract miscellaneous costs. amount from the Iowa Department of NOW THEREFORE, BE IT RESOLVED BY Transportation, TEA-21 Grant. THE CITY COUNCIL OF THE CITY OF rd Passed, approved and adopted this 3 day of DUBUQUE, IOWA: November, 2003. Section 1. That the cost of said improvement Terrance M. Duggan, Mayor is hereby determined to be $110,021.67 and the Attest: Jeanne F. Schneider, CMC, City Clerk said improvement shall be paid by the City as Buol moved adoption of the Resolution. provided for therein, and the City shall be Seconded by Michalski. Motion carried 7-0. reimbursed in the amount of 20% of said contract amount from the Dubuque County Railroad Depot Restoration Project: City Historical Society and 80% of said contract Manager recommending acceptance of the amount from the Iowa Department of completed construction contracts associated Transportation, TEA-21 Grant. rd with the Burlington Northern Railroad Depot Passed, approved and adopted this 3 day of Restoration Project, Contract No.13 - HVAC and November, 2003. Contract No.14 – Plumbing, presented and read. Terrance M. Duggan, Mayor Buol moved that the communication be received Attest: Jeanne F. Schneider, CMC, City Clerk and filed. Seconded by Michalski. Motion Buol moved adoption of the Resolution. carried 7-0. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 421-03 RESOLUTION NO. 423-03 ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT Whereas, the contract for the Burlington Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Northern Railroad Depot Restoration Project, Contract No. 13 – HVAC has been completed Contract No. 14 – Plumbing has been completed Regular Session, November 3, 2003 351 and the City Manager has examined the work and read. Buol moved that the communication and filed his certificate stating that the same has be received and filed. Seconded by Michalski. been completed according to the terms of the Motion carried 7-0. contract, plans and specifications and RESOLUTION NO. 425-03 recommends its acceptance. ACCEPTING IMPROVEMENT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, the contract for the Manson Road DUBUQUE, IOWA: Bridge Reconstruction Project has been Section 1. That the recommendation of the completed and the City Manager has examined City Manager be approved and that said the work and filed his certificate stating that the improvement be and the same is hereby same has been completed according to the accepted. terms of the contract, plans and specifications BE IT FURTHER RESOLVED that the City and recommends its acceptance. Treasurer be and he is hereby directed to pay to NOW THEREFORE, BE IT RESOLVED BY the contractor in the amount equal to the amount THE CITY COUNCIL OF THE CITY OF of his contract, less any retained percentage DUBUQUE, IOWA: provided for therein, and the City shall be Section 1. That the recommendation of the reimbursed in the amount of 20% of said City Manager be approved and that said contract amount from the Dubuque County improvement be and the same is hereby Historical Society and 80% of said contract accepted. amount from the Iowa Department of BE IT FURTHER RESOLVED that the City Transportation, TEA-21 Grant. Treasurer be and he is hereby directed to pay to rd Passed, approved and adopted this 3 day of the contractor from the Fiscal Year 2003 Street November, 2003. Construction Fund in amount equal to the Terrance M. Duggan, Mayor amount of his contract, less any retained Attest: Jeanne F. Schneider, CMC, City Clerk percentage provided for therein. rd Buol moved adoption of the Resolution. Passed, approved and adopted this 3 day of Seconded by Michalski. Motion carried 7-0. November, 2003. Terrance M. Duggan, Mayor RESOLUTION NO. 424-03 Attest: Jeanne F. Schneider, CMC, City Clerk FINAL ESTIMATE Buol moved adoption of the Resolution. Whereas, the contract for the Burlington Seconded by Michalski. Motion carried 7-0. Northern Railroad Depot Restoration Project, RESOLUTION NO. 426-03 Contract No. 14 – Plumbing has been completed FINAL ESTIMATE and the City Engineer has submitted his final estimate showing the cost thereof including the Whereas, the contract for the Manson Road cost of estimates, notices and inspection and all Bridge Reconstruction Project has been miscellaneous costs. completed and the City Engineer has submitted NOW THEREFORE, BE IT RESOLVED BY his final estimate showing the cost thereof THE CITY COUNCIL OF THE CITY OF including the cost of estimates, notices and DUBUQUE, IOWA: inspection and all miscellaneous costs. Section 1. That the cost of said improvement NOW THEREFORE, BE IT RESOLVED BY is hereby determined to be $39,583.00 and the THE CITY COUNCIL OF THE CITY OF said improvement shall be paid by the City as DUBUQUE, IOWA: provided for therein, and the City shall be Section 1. That the cost of said improvement reimbursed in the amount of 20% of said is hereby determined to be $1,035,078.70 and contract amount from the Dubuque County the said amount shall be paid from the Fiscal Historical Society and 80% of said contract Year 2003 Street Construction Fund of the City amount from the Iowa Department of of Dubuque, Iowa. rd Transportation, TEA-21 Grant. Passed, approved and adopted this 3 day of rd Passed, approved and adopted this 3 day of November, 2003. November, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Seconded by Michalski. Motion carried 7-0. First and Main Street Lighting Project: City Manson Road Bridge Reconstruction Project: Manager recommending acceptance of the First City Manager recommending acceptance of the and Main Street Historical Lighting Project as Manson Road Bridge Reconstruction Project as completed by A&G Electric Company of completed by Taylor Construction, Inc., in the Dubuque, Iowa, in the final contract amount of final contract amount of $819,628.66, presented $118,247.05, presented and read. Buol moved 352 Regular Session, November 3, 2003 that the communication be received and filed. RESOLUTION NO. 429-03 Seconded by Michalski. Motion carried 7-0. ACCEPTING IMPROVEMENT RESOLUTION NO. 427-03 Whereas, the contract for the Tanzanite Drive ACCEPTING IMPROVEMENT Paving Project has been completed and the City st Whereas, the contract for the 1 and Main Manager has examined the work and filed his Street Historical Lighting Project has been certificate stating that the same has been completed and the City Manager has examined completed according to the terms of the the work and filed his certificate stating that the contract, plans and specifications and same has been completed according to the recommends its acceptance. terms of the contract, plans and specifications NOW THEREFORE, BE IT RESOLVED BY and recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the Road Use Tax Fund in Treasurer be and he is hereby directed to pay to amount equal to the amount of his contract, less the contractor from the Street Construction Fund any retained percentage provided for therein. rd and the Road Use Tax Fund in amounts equal to Passed, approved and adopted this 3 day of the amount of his contract, less any retained November, 2003. percentage provided for therein. Terrance M. Duggan, Mayor rd Passed, approved and adopted this 3 day of Attest: Jeanne F. Schneider, CMC, City Clerk November, 2003. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Michalski. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 430-03 Buol moved adoption of the Resolution. FINAL ESTIMATE Seconded by Michalski. Motion carried 7-0. Whereas, the contract for the Tanzanite Drive RESOLUTION NO. 428-03 Paving Project has been completed and the City FINAL ESTIMATE Engineer has submitted his final estimate st Whereas, the contract for the 1 and Main showing the cost thereof including the cost of Street Historical Lighting Project has been estimates, notices and inspection and all completed and the City Engineer has submitted miscellaneous costs. his final estimate showing the cost thereof NOW THEREFORE, BE IT RESOLVED BY including the cost of estimates, notices and THE CITY COUNCIL OF THE CITY OF inspection and all miscellaneous costs. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the cost of said improvement THE CITY COUNCIL OF THE CITY OF is hereby determined to be $444,032.53 and the DUBUQUE, IOWA: said amount shall be paid from the Road Use Section 1. That the cost of said improvement Tax Fund of the City of Dubuque, Iowa. rd is hereby determined to be $137,332.80 and the Passed, approved and adopted this 3 day of said amount shall be paid from the Street November, 2003. Construction Fund and the Road Use Tax Fund Terrance M. Duggan, Mayor of the City of Dubuque, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk rd Passed, approved and adopted this 3 day of Buol moved adoption of the Resolution. November, 2003. Seconded by Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mississippi River Discovery Center Wetland Buol moved adoption of the Resolution. Site Package II, Interior Walkways Project: City Seconded by Michalski. Motion carried 7-0. Manager recommending acceptance of the Mississippi River Discovery Center Wetland Site Tanzanite Drive Paving Project: City Manager Package II, Interior Walkways Project – Contract recommending acceptance of the Tanzanite No. 4 in the final contract amount of $24,238, Drive Paving Project as completed by Flynn presented and read. Buol moved that the Company, Inc., in the final contract amount of communication be received and filed. Seconded $200,385.01, presented and read. Buol moved by Michalski. Motion carried 7-0. that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Regular Session, November 3, 2003 353 RESOLUTION NO. 431-03 Buol moved adoption of the Resolution. ACCEPTING IMPROVEMENT Seconded by Michalski. Motion carried 7-0. Whereas, the contract for the Mississippi River Discovery Center Wetland Site Package II, Designation of Fiscal Officers – Electronic Interior Walkways Project – Contract No. 4 - Investment Transactions: City Manager Electrical has been completed and the City recommending approval of the designation of Manager has examined the work and filed his fiscal officers to sign checks and drafts and to certificate stating that the same has been execute electronic investment transactions with completed according to the terms of the Treasury Direct on behalf of the City of contracts, plans and specifications and Dubuque, presented and read. Buol moved recommends its acceptance. that the communication be received and filed. NOW THEREFORE, BE IT RESOLVED BY Seconded by Michalski. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO433-03 DUBUQUE, IOWA: . RESOLUTION AUTHORIZING CERTAIN Section 1. That the recommendation of the DESIGNATED FISCAL OFFICERS OF THE City Manager be approved and that said CITY OF DUBUQUE TO EXECUTE improvements be and the same are hereby ELECTRONIC INVESTMENT TRANSACTIONS accepted. WITH TREASURY DIRECT ON BEHALF OF BE IT FURTHER RESOLVED that the City THE CITY OF DUBUQUE, IOWA Treasurer be and he is hereby directed to pay to the contractor in the amount equal to the amount Whereas, the City of Dubuque has established of his contract, less any retained percentage a book-entry account with Treasury Direct; and provided for therein, and the City shall be Whereas, the City of Dubuque invests short- reimbursed in the amount of 20% of said term funds in the U.S. Treasury securities contract amount from the Dubuque County through Treasury Direct; and Historical Society and 80% of said contract Whereas, the City of Dubuque can improve amount from the Iowa Department of cash management through electronic processing Transportation, TEA-21 Grant. provided by Treasury Direct; and rd Passed, approved and adopted this 3 day of Whereas, the City Council has determined that November, 2003. the fiscal officers who may execute electronic Terrance M. Duggan, Mayor investment transactions with Treasury Direct on Attest: Jeanne F. Schneider, CMC, City Clerk behalf of the City of Dubuque are Finance Buol moved adoption of the Resolution. Director, Assistant Finance Director and Budget Seconded by Michalski. Motion carried 7-0. Director. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 432-03 THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATE DUBUQUE, IOWA: Whereas, the contract for the Mississippi River The Finance Director, Assistant Finance Discovery Center Wetland Site Package II, Director and Budget Director are hereby Interior Walkways Project – Contract No. 4 - authorized to execute electronic investment Electrical has been completed and the City transactions with Treasury Direct on behalf of Engineer has submitted his final estimate the City of Dubuque. showing the cost thereof including the cost of Passed, approved and adopted this 3rd day of estimates, notices and inspection and all November, 2003. miscellaneous costs. 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: Seconded by Michalski. Motion carried 7-0. Section 1. That the cost of said improvement RESOLUTION NO. 434-03 is hereby determined to be $24,238.00 and the RESOLUTION AUTHORIZING CERTAIN said improvement shall be paid by the City as DESIGNATED FISCAL OFFICERS OF THE provided for therein, and the City shall be CITY OF DUBUQUE TO EXECUTE CHECKS reimbursed in the amount of 20% of said ON BEHALF OF THE CITY OF DUBUQUE, contract amount from the Dubuque County IOWA Historical Society and 80% of said contract amount from the Iowa Department of Whereas, the City of Dubuque deposits certain Transportation, TEA-21 Grant. funds in local commercial banking institutions; rd Passed, approved and adopted this 3 day of and November, 2003. Whereas, these commercial banking Terrance M. Duggan, Mayor institutions require authorization by the City Attest: Jeanne F. Schneider, CMC, City Clerk Council for certain fiscal officers to sign such checks and drafts; and 354 Regular Session, November 3, 2003 Whereas, the City Council has determined that Lead Based Paint Hazard Reduction Program: the fiscal officers who may sign checks and City Manager recommending approval of the drafts on behalf of the City of Dubuque are publication of a Notice of Intent to Request Finance Director, Assistant Finance Director and Release of Funds for the Lead-Based Paint Budget Director. Hazard Reduction Grant Program, presented NOW, THEREFORE, BE IT RESOLVED BY and read. Buol moved that the communication THE CITY COUNCIL OF THE CITY OF be received and filed. Seconded by Michalski. DUBUQUE, IOWA: Motion carried 7-0. Section 1. The Finance Director, Assistant RESOLUTION NO. 436-03 Finance Director and Budget Director are hereby A RESOLUTION AUTHORIZING PUBLI- authorized to sign checks and drafts on behalf of CATION OF A NOTICE OF INTENT TO the City of Dubuque. REQUEST RELEASE OF FUNDS FOR LEAD- Section 2. That the foregoing fiscal officers BASED PAINT HAZARD REDUCTION GRANT are also hereby authorized to sign the PROGRAM. authorization cards from the commercial banking institutions. Whereas, the City of Dubuquewill enter into a Passed, approved and adopted this 3rd day of Grant Agreement with the U.S. Department of November, 2003. Housing and Urban Development, Office of Terrance M. Duggan, Mayor Healthy Homes and Lead Hazard Control, Attest: Jeanne F. Schneider, City Clerk providing for a Lead-Based Paint Hazard Control Buol moved adoption of the Resolution. Grant; and Seconded by Michalski. Motion carried 7-0. Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of RESOLUTION NO. 435-03 Housing and Urban Development, an RESOLUTION AUTHORIZING CERTAIN CITY environmental review has been processed for OF DUBUQUE FINANCE DEPARTMENT the Lead-Based Paint Hazard Reduction Grant EMPLOYEES TO OBTAIN BANK ACCOUNT Program; and INFORMATION AND MAKE TRANSFERS Whereas, based on said environmental BETWEEN CITY OF DUBUQUE BANK review, the Housing and Community ACCOUNTS WITHIN A BANKING Development Department has determined that INSTITUTION said project is categorically excluded under HUD Whereas,the City of Dubuque maintains regulations at 24 CFR Part 58 from the National accounts with local banking institutions; and Environmental Policy Act requirements; and Whereas,the banking institutions require Whereas, a Notice of Intent to Request authorization by the City Council for City Release of Funds for said program will be employees other than those designated on published in a newspaper of general circulation; account signature cards to obtain bank account and information and transfer funds between City Whereas, any and all comments received as a accounts at that institution; and result of such notice will be duly considered Whereas,the City Council has determined that before proceeding with a Request for Release of the City employees who may obtain bank Funds. account information and transfer funds between NOW, THEREFORE, BE IT RESOLVED BY accounts within a banking institution are the THE CITY COUNCIL OF THE CITY OF Finance Department Account Clerks, Cheryl L. DUBUQUE, IOWA: Steckel, and Mary Jo Gerardy. Section 1. That the City Clerk be and is hereby NOW, THEREFORE, BE IT RESOLVED BY authorized and directed to publish a Notice of THE CITY COUNCIL OF THE CITY OF intent to Request Release of Funds for the DUBUQUE, IOWA: Lead-Based Paint Hazard Reduction Grant Section 1.The Finance Department’s Account Program and to make the Environmental Review Clerks, Cheryl L. Steckel, and Mary Jo Gerardy, Record for said projects available for public are hereby authorized to obtain bank account inspection and comment until 5:00 p.m. on information on all City of Dubuque accounts and November 13, 2003. Such notice shall be in the to transfer funds between the City’s accounts form of Exhibit “A” attached hereto and made a within a banking institution. Transfers shall be part hereof. authorized via telephone or written request. Section 2. That the environmental review Passed, approved and adopted this 3rd day record for the project shall be placed on file in of November , 2003. the Housing and Community Development Terrance M. Duggan, Mayor Department, 1805 Central, and Health Services, Attest: Jeanne F. Schneider, City Clerk 300 Main, Dubuque, Iowa where said record Buol moved adoption of the Resolution. may be examined and copied by any interested Seconded by Michalski. Motion carried 7-0. party. Regular Session, November 3, 2003 355 Section 3. That the Mayor of the City of WHEREAS, the City of Dubuque entered into Dubuque is hereby authorized and directed to a Development Agreement with The Adams submit to the U.S. Department of Housing and Company on May 19, 2003, which Development Urban Development seven (7) days after Agreement included the purchase of the publication of appropriate notice a Request for following described real property in Dubuque Release of Funds to undertake the said project. County, Iowa by the City of Dubuque: nd Section 4. That the Mayor of the City of Lot 1 in Adams Company’s 2 Addition, in the Dubuque is hereby authorized to consent to City of Dubuque, Iowa, according to the assume the status of a responsible federal recorded Plat thereof official under the National Environmental and; Protection Act, insofar as the provisions of the WHEREAS, the terms of the Development said Act apply to the U.S. Department of Agreement have now been met. Housing and Urban Development NOW, THEREFORE, BE IT RESOLVED BY responsibilities for review, decision making, and THE CITY COUNCIL OF THE CITY OF action assumed and carried out by the City of DUBUQUE, IOWA, AS FOLLOWS: Dubuque as to environmental issues. 1. The City of Dubuque hereby accepts the Section 5. That the Mayor of the City of Deed from The Adams Company, a copy of Dubuque is hereby authorized to consent in his which is attached hereto. official capacity as Mayor and on behalf of the 2. The City Clerk is hereby authorized and City of Dubuque, to accept the jurisdiction of the directed to record this Resolution and the Deed federal courts if an action is brought to enforce with the Dubuque County Recorder. rd responsibilities in relation to environmental Passed, approved and adopted this 3 day of review, decision-making and action. November, 2003. Section 6. That the Mayor of the City of Terrance M. Duggan, Mayor Dubuque is and he is hereby authorized and Attest: Jeanne F. Schneider, CMC, City Clerk directed to execute a certification pertaining to Buol moved adoption of the Resolution. the environmental review procedures. Seconded by Michalski. Motion carried 7-0. rd Passed, approved and adopted this 3 day of November 2003. Four Mounds Foundation: City Manager Terrance M. Duggan, Mayor recommending approval of a letter of support for Attest: Jeanne F. Schneider, City Clerk the Four Mounds Foundation to fundraise to Buol moved adoption of the Resolution. carry out their mission of preserving the Four Seconded by Michalski. Motion carried 7-0. Mounds Estate and making it available to the public for educational purposes, presented and Request to Demolish: Historic Preservation read. Buol moved that the communication be Commission recommending approval of a received and filed and approved request to demolish a second story catwalk at recommendation. Seconded by Michalski. 1598 Central Avenue, presented and read. Motion carried 7-0. Buol moved that the communication be received and filed and approved recommendation. Gronen Adaptive Reuse: Communication from Seconded by Michalski. Motion carried 7-0. the Historic Preservation Commission reiterating their support for applications for low-income Quarterly Investment Report: City Manager housing tax credits as well as federal and state submitting the Quarterly Investment Report for historic tax credits for rehabilitation projects by the quarter ending September 30, 2003, Gronen Adaptive Reuse, presented and read. presented and read. Buol moved that the Buol moved that the communication be received communication be received and filed. Seconded and filed. Seconded by Michalski. Motion by Michalski. Motion carried 7-0. carried 7-0. Adams Company – Acceptance of Deed: Civil Service Commission: Civil Service Corporation Counsel recommending acceptance Commission submitting the certified list for the of the deed for certain real estate from the position of Water Meter Repairworker I, Adams Company, presented and read. Buol presented and read. moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- October 28, 2003 0. Honorable Mayor and Members of the City Council RESOLUTION NO. 437-03 In accordance with Chapter 400 of the 2003 ACCEPTING THE DEED TO CERTAIN REAL Code of Iowa, an examination for the position of ESTATE IN DUBUQUE COUNTY, IOWA FROM Water Meter Repairworker I was given on THE ADAMS COMPANY October 8, 2003. We hereby certify that the individuals listed below have passed this written 356 Regular Session, November 3, 2003 examination and the vacancy for this position Molo Oil Company Big 10 Mart Car Wash+ should be made from this list and that this list is (Sunday Sale) 1875 JFK Rd good for two (2) years from above date. Aldi Inc. Aldi # 30 WATER METER REPAIRWORKER I 2160 Holiday Dr Loras Mauer Steven Gerardy Passed, approved and adopted this 3rd day of Michael Hocking Mark Wild November, 2003. Jeffrey Mathewson Darren Nauman Terrance M. Duggan, Mayor Robert Cigrand, Jr. Steven Czipar Attest: Jeanne F. Schneider, CMC, City Clerk Robert Evans Steven Hoff Buol moved adoption of the Resolution. Richard Myers Jerry Kirton Seconded by Michalski. Motion carried 7-0. Joel Detrick Randall Stecher RESOLUTION NO. 439-03 Kevin Welsh Terry Arensdorf Robert Barry Duane Schreiber Whereas, applications for Liquor Licenses Robert Boge Mark Hildebrand have been submitted to this Council for approval Robert Kemp Michael Spoerl and the same have been examined and Jennifer Becker Dale Burkle approved; and Christopher Kennedy Kevin Merkes Whereas, the premises to be occupied by such Jason Mouring Richard Marr applicants were inspected and found to comply John Richman Tony Donovan with the State Laws and all City Ordinances Joseph Breson Chuck Kaas relevant thereto and they have filed proper Steven Pfeiffer Dennis Richey bonds. Kevin Smith Jeffrey Simons NOW, THEREFORE, BE IT RESOLVED BY Respectfully submitted, THE CITY COUNCIL OF THE CITY OF /s/ Merle Duehr, Chairperson DUBUQUE, IOWA: /s/ Loras Kluesner That the Manager be authorized to cause to be /s/ Richard Wertzberger issued the following named applicants a Liquor Civil Service Commission License. Buol moved that the communication be CLASS “C” BEER/LIQUOR LICENSE received and filed and made a matter of record. Sun’s Corp Yen Ching Rest. Seconded by Michalski. Motion carried 7-0. 926 Main St. Raysan Corp. Bridge Restaurant+ Business License Refund: Request of Eagle (Sunday Sale) 31 Locust St Food Centers, Inc. (2050 John F. Kennedy CLASS ‘E” LIQUOR LICENSE Road) for a refund of their cigarette license in Aldi Inc. Aldi # 30 the amount of $50.00, presented and read. 2160 Holiday Dr rd Buol moved that the communication be received Passed, approved and adopted this 3 day of and filed and approved refund. Seconded by November, 2003. Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Business Licenses Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 438-03 ITEMS TO BE SET FOR PUBLIC HEARING Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined Cooper Development Company, LLC – Tax and approved: and Increment Financing: City Manager Whereas, the premises to be occupied by recommending approval of Cooper Development such applicants were inspected and found to Company’s application for Property Tax Rebates comply with the Ordinances of the City and have for Historic Properties and that a public hearing filed proper bonds. be set for November 17, 2003 and NOW, THEREFORE, BE IT RESOLVED BY communication from the Historic Preservation THE CITY COUNCIL OF THE CITY OF Commission recommending approval of Cooper DUBUQUE, IOWA: Development Company’s application for That the Manager be authorized to cause to be Property Tax Rebates for Historic Properties, issued the following named applicants a Beer presented and read. Cline moved that the Permit. communications be received and filed. CLASS “B” BEER Seconded by Nicholson. Motion carried 7-0. J.& P. O’Hara Inc. Happy Joe’s Ice Cream & RESOLUTION NO. 440-03 Pizza+(Sunday Sale) 855 Century FIXING THE DATE FOR A PUBLIC HEARING CLASS “C” BEER PERMIT ON THE ISSUANCE OF URBAN RENEWAL Iowa Oil Company IOCO Speede Shoppe # TAX INCREMENT REVENUE OBLIGATIONS 93+(Sunday Sale) 3270 Dodge Regular Session, November 3, 2003 357 AND A PROPERTY TAX REBATE Terrance M. Duggan, Mayor AGREEMENT RELATING THERETO WITH Attest: Jeanne F. Schneider, City Clerk COOPER DEVELOPMENT COMPANY AND Cline moved adoption of the Resolution and PROVIDING FOR PUBLICATION OF NOTICE set Public Hearing for 11/17/03 at a meeting to THEREOF. commence at 6:30 P.M. in the public library Whereas, it is deemed necessary and auditorium and that the City Clerk publish notice advisable that the City of Dubuque, Iowa, should in the manner prescribed by law. Seconded by issue Urban Renewal Tax Increment Revenue Nicholson. Motion carried 7-0. obligations, as authorized by Chapter 403 of the Code of Iowa , and enter into a Property Tax Heritage Trail Extension Project from the Rebate Agreement relating thereto with Cooper Heron Pond Wetlands to the Dubuque Jaycees Development Company, for the purpose of Trail: City Manager recommending initiation of carrying out a project as hereinafter described; the bidding process for the Heritage Trail and Extension Project from the Heron Pond Whereas, before said obligation may be Wetlands to the Dubuque Jaycees Trail and approved, Section 403.9 of the Code of Iowa setting a public hearing for December 1, 2003, requires that the City Clerk publish a notice of presented and read. Cline moved that the such proposed action and of the time and place communication be received and filed. Seconded of the meeting at which the City Council by Nicholson. Motion carried 7-0. proposes to take action thereon and to receive RESOLUTION NO. 441-03 oral and/or written objections from any resident PRELIMINARY APPROVAL OF or property owner of said City to such action. PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the City Council meet in the DUBUQUE, IOWA: Auditorium of the Carnegie-Stout Public Library That the proposed plans, specifications, form in Dubuque, Iowa, at 6:30 p.m. on the 17th day of contract and estimated cost for the Heritage of November, 2003, for the purpose of taking Trail Extension Project from the Heron Pond action on the matter of the issuance of Urban Wetlands to the Dubuque Jaycees Trail, in the Renewal Tax Increment Revenue obligations estimated amount $388,015.36 are hereby and the approval of a Property Tax Rebate approved and ordered filed in the office of the Agreement relating thereto with Cooper City Clerk for public inspection. rd Development Company, the proceeds of which Passed, adopted and approved this 3 day of will be used to carry out certain of the special November, 2003. financing activities described in the Urban Terrance M. Duggan, Mayor Renewal Plan for the DowntownUrban Renewal Attest: Jeanne F. Schneider, CMC, City Clerk District, including the funding of property tax Cline moved adoption of the Resolution. rebates for the rehabilitation of historic Seconded by Nicholson. Motion carried 7-0. structures to said developer pursuant to a RESOLUTION NO. 442-03 Property Tax Rebate Agreement entered into FIXING DATE OF HEARING with Cooper Development Company under the ON PLANS AND SPECIFICATIONS terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of Whereas, the City Council of the City of the Tax Increment Revenue obligations will be Dubuque, Iowa has given its preliminary $93,000 but that amount may vary due to approval on the proposed plans, specifications, Property Tax Rebate increases and tax rate and form of contract and placed same on file in adjustments. the office of the City Clerk for public inspection Section 2. That the Clerk is hereby directed to of the Heritage Trail Extension Project from the cause at least one publication to be made of a Heron Pond Wetlands to the Dubuque Jaycees notice of said meeting, in a legal newspaper, Trail. printed wholly in the English language, NOW THEREFORE, BE IT RESOLVED BY published at least once weekly, and having THE CITY COUNCIL OF THE CITY OF general circulation in said City. Said publication DUBUQUE, IOWA: st to be not less than four clear days nor more than That a Public Hearing will be held on the 1 twenty days before the date of said public day of December, 2003, at 6:30 p.m. in the hearing on the issuance of said obligations. Public Library Auditorium at which time Section 3. That the notice of the proposed interested persons may appear and be heard for action to issue said obligations shall be in or against the proposed plans and substantially the form attached hereto. specifications, form of contract and cost of said Passed, approved and adopted this 3rd day of improvement, and the City Clerk be and is November 2003. hereby directed to cause a notice of time and 358 Regular Session, November 3, 2003 RESOLUTION NO. 444-03 place of such hearing to be published in a RESOLUTION (1) APPROVING THE MINIMUM newspaper having general circulation in the City REQUIREMENTS, COMPETITIVE CRITERIA, of Dubuque, Iowa, which notice shall be not less AND OFFERING PROCEDURES FOR than four days nor more than twenty days prior DISPOSITION OF CERTAIN REAL to the day fixed for its consideration. At the PROPERTY AND IMPROVEMENTS IN THE hearing, any interested person may appear and ICE HARBOR URBAN RENEWAL DISTRICT; file objections to the proposed plans, (2) DETERMINING THAT THE LEASE specifications, contract, or estimated cost of the SUBMITTED BY RIVERSIDE BASEBALL, LLC improvement. rd SATISFIES THE OFFERING REQUIREMENTS Passed, adopted and approved this 3 day of WITH RESPECT TO THE REAL PROPERTY November, 2003. AND IMPROVEMENTS AND DECLARING THE Terrance M. Duggan, Mayor INTENT OF THE CITY COUNCIL TO Attest: Jeanne F. Schneider, CMC, City Clerk APPROVE THE LEASE WITH RIVERSIDE Cline moved adoption of the Resolution. BASEBALL, LLC IN THE EVENT THAT NO Seconded by Nicholson. Motion carried 7-0. COMPETING PROPOSALS ARE SUBMITTED; RESOLUTION NO. 443-03 AND (3) SOLICITING COMPETING ORDERING BIDSPROPOSALS . NOW THEREFORE, BE IT RESOLVED BY Whereas, the City Council of Dubuque, Iowa, THE COUNCIL OF THE CITY OF DUBUQUE, did on March 4, 2002, adopt an Amended and IOWA: Restated Urban Renewal Plan for the Ice Harbor That the Heritage Trail Extension Project from Urban Renewal District (the “Plan”) for the the Heron Pond Wetlands to the Dubuque Urban Renewal Area described therein; and Jaycees Trail is hereby ordered to be advertised Whereas, such Plan provides, among other for bids for construction. things, for the disposition of properties for BE IT FURTHER RESOLVED, that the amount private development purposes as a proposed of the security to accompany each bid shall be in economic development action; and an amount which shall conform to the provisions Whereas, Riverside Baseball, LLC of the Notice to Bidders hereby approved as a (“Developer”) has submitted to the City a part of the plans and specifications heretofore proposal for the leasing of certain real property adopted. and improvements hereinafter described for the That the City Clerk is hereby directed to operation and management of a Class A advertise for bids for the construction of the baseball team at the stadium facility to be improvements herein provided, to be published constructed as described therein (the “Lease”), in a newspaper having general circulation in the together with the request that this property be City of Dubuque, Iowa, which notice shall not be made available for lease as rapidly as possible; less than four days nor more than forty-five days and prior to the receipt of said bids at 2:00 p.m. on Whereas, in order to establish reasonably th the 18 day of November, 2003. Bids shall be competitive bidding procedures for the opened and read by the City Clerk at said time disposition of the property in accordance with and will be submitted to the Council for final the statutory requirements of Chapter 403, Code st action at 6:30 p.m. on the 1 day of December, of Iowa, 2003, specifically, Section 403.8, and to 2003. assure that the City extends a full and fair rd Passed, adopted and approved this 3 day of opportunity to all developers interested in November, 2003. submitting a proposal, a summary of submission Terrance M. Duggan, Mayor requirements and minimum requirements and Attest: Jeanne F. Schneider, CMC, City Clerk competitive criteria for the property offering is Cline moved adoption of the Resolution. included herein; and Seconded by Nicholson. Motion carried 7-0. Whereas, said Developer has tendered the Lease with the City, attached hereto as Exhibit Disposition of Real Property to Riverside “A”; and Baseball, LLC: City Manager recommending Whereas, to recognize both the firm proposal adoption of a resolution initiating disposition by for disposition of the real property and lease of real property and improvements located improvements already received by the City, as in the Port of Dubuque (Ice Harbor Urban described above, and to give full and fair Renewal District) to Riverside Baseball, LLC., opportunity to other developers interested in presented and read. Cline moved that the submitting a proposal for the use of the property, communication be received and filed. Seconded this Council should by this Resolution: by Nicholson. Motion carried 7-0. 1) Set the fair market value of the real property for uses in accordance with the Urban Renewal Plan; Regular Session, November 3, 2003 359 2) Approve the minimum requirements and Section 3. That the Lease by and between the competitive criteria included herein; City and the Developer be and is hereby 3) Approve as to form the Lease attached approved as to form for the purposes hereinafter hereto as Exhibit “A”; stated. 4) Set a date for receipt of competing Section 4. That for the purpose of defining the proposals and the opening thereof; offering of the Stadium Property for lease, said 5) Declare that the proposal submitted by Lease shall be deemed to be illustrative of the Developer satisfies the minimum requirements terms acceptable to the City with respect to: of the offering, and that in the event no other a) Annual lease payments; qualified proposal is timely submitted that the b) Construction of leasehold improvements; City Council intends to approve such proposal c) City participation; and authorize the City Manager to sign the d) Developer obligations; Lease; and direct publication of notice of said e) General terms and conditions intent; Section 5. That the Lease submitted by the 6) Approve and direct publication of a notice Developer satisfies the requirements of the to advise any other person of the opportunity to offering and, in the event that no other qualified compete for lease of the real property and proposals are timely submitted, that the City improvements on the terms and conditions set Council intends to accept and approve the forth herein; Lease. 7) Declare that in the event another qualified Section 6. That it is hereby determined that proposal is timely submitted and accepted, the Developer possesses the qualifications, another and future notice will be published on financial resources and legal ability necessary to the intent of the City to enter into the resulting lease the Stadium Property and to manage and contract, as required by law. operate such in the manner proposed by this Whereas, the City Council believes it is in the offering in accordance with the Plan. best interest of the City and the Plan to act as Section 7. That the annual lease payments for expeditiously as possible to lease the real the Stadium Property offered by the Developer property and improvements as set forth herein. be and are hereby found and determined to be NOW, THEREFORE, BE IT RESOLVED BY the fair market value of the leasehold interest THE CITY COUNCIL OF THE CITY OF being conveyed. DUBUQUE, IOWA: Section 8. That the City Clerk shall receive Section 1. That the real property and and retain for public examination the attached improvements described in Exhibit “B” attached Lease submitted by the Developer and, in the hereto located in the Port of Dubuque and event no other qualified proposals are timely th delineated generally by 5 Street on the south, submitted, shall resubmit the same to the City Bell Street on the east and the railroad tracks on Council for final approval and execution upon the north and west (the “Stadium Property”) shall expiration of the notice hereinafter prescribed. be offered for lease in accordance with the Section 9. That the action of the City Council terms and conditions contained in this be considered to be and does hereby constitute Resolution. notice to all concerned of the intention of this Section 2. That it is hereby determined that in Council, in the event that no other qualified order to qualify for consideration for selection, proposals are timely submitted, to accept the any person must submit a proposal which meets proposal of the Developer to lease the Stadium these minimum requirements: Property and to approve the Lease by and a) Contains an agreement to lease the between City and Developer. Stadium Property at not less than fair market Section 10. That the official notice of this value established herein; offering and of the intent of the City, in the event b) Contains a commitment to lease the no other qualified proposals are timely Stadium Property for use by a Class A baseball submitted, to approve the Lease, shall be a true team; copy of this Resolution, but without the c) Sets out or provides to the satisfaction of attachments referred to herein. the City Council the proposed developer’s Section 11. That the City Clerk is authorized experience with similar baseball stadium and directed to secure immediate publication of operation and team management; said official notice in the Telegraph Herald, a Sets out or provides to the satisfaction of the newspaper having a general circulation in the City Council the experience of the principals and community, by publication of the text of this key staff who are directly engaged in Resolution without attachments on or before the performance of contract obligations in carrying 6th day of November, 2003. out projects of similar scale and character; and Section 12. That written proposals for the Meets, at a minimum, the terms and conditions lease of the Stadium Property will be received of the Lease submitted by the Developer. by the City Clerk at or before 10:00 a.m., December 5, 2003 in the Office of the City Clerk, 360 Regular Session, November 3, 2003 located on the first floor at City Hall, Dubuque, the communication be received and filed. Iowa 52001. Each proposal will be opened at Seconded by Nicholson. Motion carried 7-0. the hour of 10:00 a.m. in City Hall, Dubuque, RESOLUTION NO. 445-03 Iowa on December 5, 2003. Said proposals will RESOLUTION FIXING DATES FOR then be presented to the City Council at 6:30 MEETINGS ON THE AUTHORIZATION OF A p.m., December 15, 2003, at a meeting to be LOAN AGREEMENT AND THE ISSUANCE OF held in the Auditorium of the Carnegie-Stout NOT TO EXCEED $15,000,000 GENERAL Public Library, Dubuque, Iowa. FUND CAPITAL LOAN NOTES OF THE CITY Section 13. That such offering shall be in OF DUBUQUE, IOWA, AND PROVIDING FOR substantial conformance with the provisions of PUBLICATION OF NOTICE THEREOF Section 403.8, Code of Iowa, requiring reasonable competitive bidding procedures as Whereas, it is deemed necessary and are hereby prescribed, which method is hereby advisable that the City of Dubuque, Iowa should determined to be the appropriate method for provide for the authorization of a Loan making the Stadium Property available for lease. Agreement and the issuance of General Fund Section 14. That the required documents for Capital Loan Notes to the amount of not to the submission of a proposal shall be in exceed $15,000,000 as authorized by Section substantial conformity with the provisions of this 384.24A, Code of Iowa, as amended, for the Resolution. purpose of providing funds to pay costs of Section 15. That the City Clerk is hereby improving certain real property and carrying out nominated and appointed as the agent of the the project as hereinafter described; and City of Dubuque, Iowa to receive proposals for Whereas, the Loan Agreement and Notes shall the lease of the Stadium Property at the date be payable from the general fund of the City; and according to the procedure hereinabove and specified for receipt of such proposals and to Whereas, before a Loan Agreement may be proceed at such time to formally acknowledge authorized and General Fund Capital Loan receipt of each of such proposals by noting the Notes issued to evidence the obligations of the receipt of same in the Minutes of the Council; City thereunder, it is necessary to comply with that the City Manager is hereby authorized and the provisions of the Code of Iowa, as amended, directed to make preliminary analysis of each and to publish a notice of the proposal and of such proposal for compliance with the minimum the time and place of a discussion meeting at requirements established by this Council which the Council will discuss whether to take hereinabove. For each proposal that satisfies additional action for the authorization of the these requirements, the City Council shall judge Loan Agreement and Notes and to receive oral the strength of the proposal by the competitive and/or written objections from any resident or criteria established hereinabove. The City property owner of the City to such action. Council shall then make the final evaluation and NOW THEREFORE, BE IT RESOLVED BY selection of the proposals. THE COUNCIL OF THE CITY OF DUBUQUE, Section 16. That in the event another qualified IOWA: proposal is timely submitted and accepted by Section 1. That this Council meet in the the City, another and further notice shall be Auditorium, Carnegie-Stout Public Library, th published of the intent of the City of Dubuque, Dubuque, Iowa, at 6:30 o’clock P.M. on the 17 Iowa, to enter into the resulting contract, as day of November, 2003, for the purpose of required by law. conducting a discussion meeting and public Passed, approved and adopted this 3rd day of hearing on the matter of the authorization of a November, 2003. Loan Agreement and the issuance of not to Terrance M. Duggan, Mayor exceed $15,000,000 General Fund Capital Loan Attest: Jeanne F. Schneider, City Clerk Notes to evidence the obligations of the City Cline moved adoption of the Resolution. thereunder, the proceeds of which will be used Seconded by Nicholson. Motion carried 7-0. to pay costs of the acquisition, construction and equipping of a minor league baseball stadium Authorization of a Loan Agreement and facility and related improvements. Issuance of Not to Exceed $15,000,000 General Section 2. That this Council meet in the fund Capital Loan Notes: City Manager Auditorium, Carnegie-Stout Public Library, th recommending adoption of a Resolution Fixing Dubuque, Iowa at 4:30 o’clock P.M. on the 18 Dates for Meetings: for discussion of day of December, 2003 for the purpose of taking authorization of a Loan Agreement and the additional action on the proposal to enter into issuance of not to exceed $15,000,000 General said Loan Agreement and issue said Notes for Fund Capital Loan Notes of the City of Dubuque, the foregoing purpose, said meeting being held Iowa and providing for publication of notice no sooner than thirty days following the thereof, presented and read. Cline moved that discussion meeting referred to in Section 1 hereof. Regular Session, November 3, 2003 361 Section 3. That the City Clerk is hereby This Notice is given by order of the City Council directed to cause at least one publication to be of the City of Dubuque, Iowa, as provided by made of a notice of said discussion meeting, in a Section 384.24A of the Code of Iowa, as legal newspaper, printed wholly in the English amended. th language, published at least once weekly, and Dated this 5 day of November, 2003. having general circulation in said City, said /s/ Jeanne F. Schneider publication to be not less than ten clear days City Clerk, Dubuque, Iowa before the date of said discussion meeting on (End of Notice) rd the proposed issuance of said Notes. Passed, approved and adopted this 3day of Section 4. The notice of the proposed action November, 2003. shall be in substantially the following form: Terrance M. Duggan, Mayor Notice Of Discussion Meeting To Be Held By Attest: Jeanne F. Schneider, City Clerk The City Council Of The City Of Dubuque, Iowa Cline moved adoption of the Resolution. On The Matter Of The Proposed Authorization Seconded by Nicholson. Motion carried 7-0. Of A Loan Agreement And The Issuance Of Not BOARDS/COMMISSIONS To Exceed $15,000,000 General Fund Capital Loan Notes, And The Public Hearing On The Authorization And Issuance Thereof Appointments to the following Boards / PUBLIC NOTICE is hereby given that the City Commissions: Council of the City of Dubuque, Iowa, will hold a Environmental Stewardship Advisory Com- discussion meeting and public hearing on the mission: (One youth member for a one-year th 17 day of November, 2003, at 6:30 o’clock term and two 3-year terms through 10/1/06): P.M. in the Auditorium, Carnegie-Stout Public Applicants: Stephanie Beecher (Youth); Andrea Library, Dubuque, Iowa, at which meeting the Bixler, Joseph D. Suarez. Markham moved that Council will discuss and consider whether to Stephanie Beecher be appointed to the Youth take additional action for the authorization of a position which will expire 6/1/04 and that Andrea Loan Agreement and the issuance of not to Bixler and Joseph D. Suarez be appointed to exceed $15,000,000 General Fund Capital Loan three year terms which will expire 10/1/06. Notes, in order to pay costs of the acquisition, Seconded by Connors. Motion carried 7-0. construction and equipping of a minor league Historic Preservation Commission: (One baseball stadium facility and related unexpired term through 7/1/05 for Old Main improvements. The proposed Loan Agreement District; two 3-year terms through 7/1/06 for At- and Notes would be payable from the general Large) Applicants: James E. Gibbs (At-Large); fund of the City. Principal and interest due from Matthew Lundh (At-Large); Angella Marlatt (At- the general fund of the City on the proposed Large); David C. Stuart (At-Large). Angela Loan Agreement and all other loan agreements Marlatt conveyed that she is withdrawing her in force on the date of authorization will not application. Vote on the appointments was as exceed ten percent of the last certified general follows: Buol voted for Gibbs and Stuart. Cline fund budget amount. voted for Gibbs and Stuart. Connors voted for At the above meeting, the Council shall Gibbs and Stuart; Duggan voted for Gibbs. receive oral or written objections from any Markham voted for Gibbs and Stuart. Michalski resident or property owner of the City to the voted for Gibbs and Stuart. Nicholson voted for above action. Following said discussion Gibbs and Stuart. Therefore, James E. Gibbs th meeting the City Council will meet on the 18 and David C. Stuart were appointed to three day of December, 2003, at 4:30 o’clock P.M. in year terms which will expire 7/1/06. Conference Room B, City Hall, Dubuque, Iowa PUBLIC HEARINGS at which meeting the Council may take additional action for the authorization of said Loan Agreement and the issuance of said Notes Michalski moved to suspend the rules to allow to evidence the obligations of the City anyone present to speak. Seconded by thereunder. Connors. Motion carried 7-0. At any time before the end of a thirty day period following the discussion meeting to be Sale of City Property – Medical Associates held on November 17, 2003, a petition, asking Subdivision: Proof of publication on notice of that the question of entering into said Loan hearing to consider a request from Oak Park Agreement and issuing such Notes be submitted Place of Dubuque, LLC, the developer of Lot 10 to the legal voters of said City, may be filed with of Medical Associates Subdivision, to purchase the City Clerk of said City in the manner Lots 1, 2 and 3 of Medical Associates provided by Section 362.4 of the Code of Iowa, Subdivision and City Manager recommending pursuant to the provisions of Section 384.24A of approval, presented and read. Markham moved the Code of Iowa. that the proof and communication be received 362 Regular Session, November 3, 2003 and filed. Seconded by Nicholson. Motion Manager recommending approval, presented carried 7-0. and read. Michalski moved that the proof and Bob Hartig, representing Oak Park Dubuque communication be received and filed and LLC, spoke requesting the sale of this property. approved recommendation. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 446-03 RESOLUTION DISPOSING OF CITY Buol moved that the rules be reinstated limiting INTEREST IN LOTS 1, 2, AND 3 OF MEDICAL discussion to the Council. Seconded by Cline. ASSOCIATES SUBDIVISION NO. 3 IN THE Motion carried 7-0. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA ACTION ITEMS Whereas, pursuant to resolution and published notice of time and place of hearing, published in Special Election on Capital Improvements the Telegraph Herald, a newspaper of general Reserve Fund and Levy: City Manager circulation published in the City of Dubuque, recommending that a special election on the th Iowa on this 24 day of October, 2003, the City establishment of a Capital Improvement Council of the City of Dubuque, Iowa met on the Reserve Fund and levy for a baseball stadium rd 3 day of November, 2003, at 6:30 p.m. in the be approved for December 16, 2003 and Public Library Auditorium, 360 West 11 Street, communication from Dubuque Main Street in Dubuque, Dubuque County, Iowa to consider support of the special election, presented and the proposal for the sale of real estate described read. Buol moved that the communications be as: received and filed. Seconded by Markham. Lots 1, 2, and 3 of Medical Associates Motion carried 7-0. Subdivision No. 3 in the City of Dubuque, RESOLUTION NO. 447-03 Dubuque County, Iowa RESOLUTION CALLING FOR A SPECIAL Whereas, the City Council of the City of CITY ELECTION ON THE PROPOSITION OF Dubuque, Iowa overruled any and all objections, ESTABLISHING A CAPITAL IMPROVEMENTS oral or written to the proposal to sell such real RESERVE FUND AND LEVYING AN ANNUAL estate, except for easement as noted. TAX FOR SUCH FUND 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 deemed it necessary to call Section 1. That the sale of City of Dubuque for a special City election on the proposition of real property described as Lots 1, 2, and 3 of establishing a capital improvements reserve Medical Associates Subdivision No. 3 in the City fund under Section 384.7 of the Code of Iowa, of Dubuque, Iowa to Oak Park Place of and levying an annual tax for said fund upon all Dubuque, LLC,be and the same is hereby the taxable property in the City, for the purpose approved for the cost of surveying, platting, title of accumulating monies to finance the cost of search, publication, and filing fees. Conveyance the acquisition, construction, improving and shall be by Quit Claim Deed. equipping of a new baseball stadium; and Section 2. That the Mayor be authorized and WHEREAS, the Telegraph Herald is a legal directed to execute a Quit Claim Deed, and the newspaper, printed wholly in the English City Clerk be and is hereby authorized and language, as defined by Section 618.3 of the directed to deliver said deed of conveyance to Code of Iowa, and is published in said City and Oak Park Place of Dubuque, LLC,upon receipt of general circulation therein: of the purchase price in full. NOW THEREFORE, BE IT RESOLVED BY Section 3. That the City Clerk be and is hereby THE CITY COUNCIL OF THE CITY OF authorized and directed to record a certified DUBUQUE, IOWA: copy of this resolution in the offices of the City Section 1. That there is hereby called a special Assessor, Dubuque County Recorder and City election on Tuesday, the 16th day of Dubuque County Auditor. December, 2003, at which election there shall rd Passed, approved and adopted this 3 day of be submitted to the registered voters of said City November, 2003. the following question, to-wit: Terrance M. Duggan, Mayor "Shall the City of Dubuque, Iowa establish a Attest: Jeanne F. Schneider, CMC, City Clerk capital improvements reserve fund and certify Markham moved adoption of the Resolution. taxes to be levied for such fund against all Seconded by Nicholson. Motion carried 7-0. taxable property within the City, in addition to all other taxes, in the amount of thirty-four cents 2003 Local Law Enforcement Block Grant ($.34) per thousand dollars ($1,000) of taxable Funds: Proof of publication on notice of hearing value in any one year for a period not to exceed to consider acceptance of the 2003 Local Law twenty (20) years, commencing with the levy of Enforcement Block Grant award and City taxes for collection in the fiscal year beginning Regular Session, November 3, 2003 363 July 1, 2004 and continuing for nineteen (19) Vision Iowa Application: City Manager additional years thereafter, for the purpose of recommending approval of the submission of a accumulating moneys to pay costs of the Vision Iowa application in the amount of $3.6 acquisition, construction, improving and million for a baseball stadium, presented and equipping of a new baseball stadium?" read. Cline moved that the communication be Section 2. That the voting place or places for received and filed. Seconded by Nicholson. said election, and the hours the polls shall be Motion carried 7-0. opened and closed shall be as set out in the RESOLUTION NO. 448-03 notice of election, said notice to be prepared and A RESOLUTION AUTHORIZING THE FILING approved by the County Commissioner of OF A VISION IOWA APPLICATION AND Elections. COMMITTING THE LOCAL MATCH FOR THE Section 3. That the form of ballot to be used at PROJECT said election shall be of the type authorized by the Code of Iowa that will permit the use of Whereas, the City Council of Dubuque, Iowa electronic counters and will be in substantially has identified the redevelopment of the Port of the form set forth in the Notice of Election. That, Dubuque as a high priority, and if more than one public measure shall be Whereas, the Riverside Baseball, LLC has submitted to the electors at the time of the said announced their intention to locate a minor election, all such measures shall be printed league professional baseball team in Dubuque, upon one ballot. subject to the execution of a lease agreement Section 4. That the Election Board for the for a new baseball stadium; and voting precinct or precincts shall be appointed Whereas, Dubuque Initiatives, a private, non- by the County Commissioner of Elections, not profit corporation whose mission is the less than 15 days before the date of said redevelopment of Downtown Dubuque, has election, a certified copy of which appointment completed a feasibility study, preliminary cost shall be officially placed on file in the office of estimates, and schematic layouts of a baseball the Clerk of said City. stadium on property in the Port of Dubuque; and Section 5. That the Auditor of Dubuque has recommended a financing plan to the City, County, Iowa, being the County Commissioner including Vision Iowa funding; and of Elections, is hereby directed to publish the Whereas, the Iowa Legislature has created the notice of election once in the Telegraph Herald Vision Iowa program, which supports projects being a legal newspaper, printed wholly in the that expand the cultural, recreational, and English language, as defined by Section 618.3 entertainment opportunities in the state; of the Code of Iowa, published in said City and NOW, THEREFORE, BE IT RESOLVED BY of general circulation therein, said publication to THE CITY COUNCIL OF THE CITY OF be not less than four clear days nor more than DUBUQUE, IOWA: twenty days prior to the date of said election. Section 1. That the filing of an application for Section 6. That the County Commissioner of $3,600,000 for Vision Iowa funding for a new Elections shall cause to be prepared all such baseball stadium project is hereby approved. ballots and election registers and other supplies Section 2. That the Mayor is hereby as may be necessary for the proper and legal authorized to execute, and the City Manager is conduct of said election. The Clerk is hereby hereby directed to submit a Notification of Intent authorized and directed to cooperate with said to Apply, and the full application to the Vision Commissioner of Elections and to do and Iowa Board together with other attachments as prepare all necessary matters in order to make may be required. said election legal and valid. Section 3. That the City assures that balance Section 7. That the Clerk is hereby directed to of the funding required for the baseball stadium file a certified copy of this Resolution in the project will be arranged for and provided by the office of the County Commissioner of Elections, City. rd which filing shall also constitute the "written Passed, approved, and adopted this 3 day of notice" to the County Commissioner of Elections November 2003. of the election date required to be given by the Terrance M. Duggan, Mayor governing body under the provisions of Chapter Attest: Jeanne F. Schneider, City Clerk 47 of the Code of Iowa. Cline moved adoption of the Resolution. PASSED AND APPROVED, this 3rd day of Seconded by Nicholson. Motion carried 7-0. November, 2003. Terrance M. Duggan, Mayor Library Board of Trustees: Communication Attest: Jeanne F. Schneider, City Clerk from Thomas A. Tully, President of the Buol moved adoption of the Resolution. Carnegie-Stout Public Library Board of Trustees, Seconded by Markham. Motion carried 7-0. requesting a work session with the City Council to discuss the proposed Library renovation /restoration project, presented and read. 364 Regular Session, November 3, 2003 Michalski moved that the communication be removal to stay if the property owner signs a lien received and filed and directed the City Manager waiver and allowing the installation of limestone to schedule a work session after 1/1/04 and curb and gutters at the property owner’s before the budget process begins. Seconded by expense. Seconded by Connors. Motion Nicholson. Motion carried 7-0. carried 7-0. Chestnut Street (Highland to Cox) Warehouse Demolition Districts: Commun- Reconstruction Project (Tabled on 10/20/03): ication from the Historic Preservation Nicholson moved that this matter be removed Commission requesting City Council direction from the table. Seconded by Michalski. Motion regarding Warehouse Demolition Districts, carried 7-0. presented and read. Chris Olson, Vice President Communication from the Historic Preservation of the Historic Preservation Commission, Commission regarding the Chestnut Street explained the request. Michalski moved that this Reconstruction Project and City Manager matter be tabled until completion of the recommending award of the contract for the downtown master plan. Seconded by Buol. Chestnut Street (Highland to Cox) Motion carried 7-0. Reconstruction Project to WC Stewart Construction Co., in the amount of $471,823.09, Street Banners in Historic Districts: offering to leave trees if a lien waiver is signed, Communication from the Historic Preservation and requesting Council direction on brick Commission requesting that in the future the crosswalks and the limestone curb and gutter, Commission be allowed to serve as an advisory presented and read. Buol moved that the design review body to the City Council on the communications be received and filed. design, size and composition of street banners Seconded by Connors. Motion carried 7-0. located in the historic districts, presented and read. Michalski moved that the communication RESOLUTION NO. 449-03 be received and filed and referred to Staff. AWARDING CONTRACT Seconded by Connors. Motion carried 7-0. Whereas, sealed proposals have been submitted by contractors for the Chestnut Street Legislative Issues: City Manager (Highland to Cox) Reconstruction Project recommending approval of the City of pursuant to Resolution No. 340-03 and notice to Dubuque’s 2004 Legislative Issues, presented bidders published in a newspaper published in and read. Cline moved that the communication th the City of Dubuque, Iowa on the 19 day of be received and filed and approved September, 2003. recommendation. Seconded by Connors. Whereas, said sealed proposals were opened Motion carried 7-0. th and read on the 9 day of October, 2003, and it has been determined that the bid of WC Stewart U.S. Department of Housing and Urban Construction Co. of Dubuque, Iowa, in the Development: Communication from the U.S. amount of $471,823.09 was the lowest bid for Department of Housing and Urban Development the furnishings of all labor and materials and advising that the City’s overall progress for performing the work as provided for in the plans Program Year 2002 was successful, presented and specifications. and read. Michalski moved that the NOW THEREFORE, BE IT RESOLVED BY communication be received and filed and THE CITY COUNCIL OF THE CITY OF congratulated City staff. Seconded by Connors. DUBUQUE, IOWA: Motion carried 7-0. That the contract for the above improvement be awarded to WC Stewart Construction Co. Awards: and the Manager be and is hereby directed to International Economic Development Council execute a contract on behalf of the City of 2003 Honorable Mention Partnership Award Dubuque for the complete performance of the presented to the City of Dubuque in recognition work. of the America’s River Partnership; BE IT FURTHER RESOLVED: Communication from the National League of That upon the signing of said contract and the Cities congratulating the City of Dubuque on approval of the contractor’s bond, the City winning Honorable Mention in the Partnership Treasurer is authorized and instructed to return category of the 2003 Economic Development the bid deposits of the unsuccessful bidders. Awards presented by the International Economic rd Passed, approved and adopted this 3 day of Development Council and communication from November, 2003. the Iowa Ready Mixed Concrete Association Terrance M. Duggan, Mayor advising that the Mississippi Riverwalk Phase II Attest: Jeanne F. Schneider, CMC, City Clerk project has been selected as the recipient of the Buol moved adoption of the Resolution and Recreational Trails/Golf Cart Paths Category with the conditions allowing trees targeted for Award for 2003, presented and read. Regular Session, November 3, 2003 365 Nicholson moved that the communications be received and filed. Seconded by Cline. Motion Approved:__________________________2004 carried 7-0. Adopted:___________________________2004 COUNCIL MEMBER REPORTS th Nicholson advised that the January 19 ______________________________________ Council meeting will conflict with the presidential Mayor caucuses. Nicholson moved that the time of the 1/19/04 meeting be changed to commence at ______________________________________ 3:00 P.M. Seconded by Michalski. Motion carried 7-0. ______________________________________ PUBLIC INPUT ______________________________________ Katie Krieg, President of Dubuque Initiatives, ______________________________________ distributed the press release about the proposed baseball stadium. ______________________________________ Walt Pregler, 2966 Shiras, representing the Dubuque Boat Club, questioned whether the ______________________________________ relocation of the maintenance shop of the Water Council Members Department would result in eminent domain and loss of business in the area around the boat Attest: club. City Manager Van Milligen responded that this was not the case. ______________________________________ City Clerk At 7:56 P.M. Markham moved to go into Closed Session – Pending Litigation – Chapter 21.5(1)(c) 2003 Code of Iowa. Seconded by Buol. Motion carried 7-0. At 8:27 Council reconvened Regular Session stating staff had been given proper direction. There being no further business, Markham moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 8:28 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 11/12 366 Special Session, November 10, 2003 DUBUQUE Motion carried 6-0. The meeting adjourned at CITY COUNCIL 7:40 p.m. OFFICIAL PROCEEDINGS /s/ Jeanne F. Schneider, CMC City Clerk City Council, Special Session, November 10, 1t 11/19 2003 Council Met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Pro-Tem Cline, Council Approved:__________________________2004 Members Buol, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Adopted:___________________________2004 Corporation Counsel Lindahl. Absent: Mayor Duggan ______________________________________ Mayor Pro-Tem Cline read the call and stated Mayor this is a Special Session of the City Council called for the purpose of discussing the Fiscal ______________________________________ Year 2004 Operating Budget. ______________________________________ Discussion on departments in the following order: Airport, Building Services, Cable TV, City ______________________________________ Clerk, City Council, City Manager’s Office, Civic Center, Economic Development, Emergency ______________________________________ Communication, Emergency Management, Engineering, Finance, Fire, Health, ______________________________________ Housing/Community Development, Human Rights, Information Services, Legal, Library, ______________________________________ Operations and Maintenance, Parking System, Council Members Parks, Planning Services, Police, Purchase of Services, Recreation, Transit, Water Plant, Attest: Water Pollution Control Plant. ______________________________________ In response to a question, staff explained that City Clerk “seasonal employees” are used in various departments when additional help is needed for a limited amount of time (i.e., yard waste collection, lifeguards). It was also explained that “enterprise funds” (i.e., water, parking) are those departments that are 100% self-supporting. Council Member Markham requested that Council be provided with a sheet for each department/division detailing the amount of property tax support, federal assistance, etc. the department receives. Council commended staff on the amount of work that is done and questioned whether there was sufficient staff support for all of the projects being undertaken. Consensus was reached that at the next regular City Council meeting there would be a discussion of what the Council expected for Fiscal Year 2005 departmental budget presentations. There being no further business, Markham moved to adjourn. Seconded by Connors. Special Session, November 12, 2003 367 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, November 12, Approved:__________________________2004 2003 Council met in special session at 5:30 p.m. at Adopted:___________________________2004 the Dubuque Greyhound Park and Casino Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, ______________________________________ City Manager Van Milligen, Corporation Counsel Mayor Lindahl ______________________________________ Mayor Duggan read the call and stated this is a special session of the City Council called for ______________________________________ the purpose of discussing legislative issues. ______________________________________ The City Council, County Board of Supervisors, School Board Members, and ______________________________________ representatives of the Holy Family Catholic School System met with area legislators to ______________________________________ discuss issues of concern for the upcoming legislative session. ______________________________________ Council Members There being no further business, upon consensus meeting adjourned at 7:45 p.m. Attest: /s/ Jeanne F. Schneider ______________________________________ City Clerk City Clerk 1t 11/19 368 Regular Session, November 17, 2003 DUBUQUE for vehicle damage; Scott Spensley for property damage; Lori Weig for property damage, CITY COUNCIL presented and read. Buol moved that the OFFICIAL claims and suits be referred to the Legal Staff for PROCEEDINGS investigation and report. Seconded by Markham. Motion carried 7-0. City Council, Regular Session, November 17, 2003 Corporation Counsel advising that the Council met in Regular Session at 6:30 P.M. in following claims have been referred to Public the Library Auditorium Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Coghlan, Present: Mayor Duggan, Council Members Kukankos, Cook LLC for personal injury of Buol, Cline, Connors, Markham, Michalski, Trevor Hingtgen; Yvonne Collins for personal Nicholson, City Manager Michael Van Milligen, injury; Farner Bocken Company for vehicle Corporation Counsel Barry Lindahl damage; Gregory Jelinek, Jr. for personal injury and Corporation Counsel recommending Mayor Duggan read the call and stated this is settlement of the claim of Lori Weig for property a regular session of the City Council called for damage and directing that the Finance the purpose of discussing such matters which Department issue payment, presented and may properly come before the City Council. read. Buol moved that the communications be received and filed and approved Invocation was given by Reverend Andrew recommendations and Finance Department to Eagan, Pastor of St. Thomas of Canterbury issue proper payment. Seconded by Markham. Anglican Church. Motion carried 7-0. Proclamation: Hunger and Homelessness Eagle Point Bluffs: Communication from Awareness Week received by Reverend Andrew Brenda Palmer regarding the Eagle Point Bluffs Eagan. and the condominium project, presented and read. Buol moved that the communication be CONSENT ITEMS received and filed. Seconded by Markham. Motion carried 7-0. Minutes and Reports Submitted: City Council of 10/30, 11/3 and 11/10; Electrical Code Board Request to Purchase City Property: of 11/3; Historic Preservation Commission of Communication from Roger and Ann Pickel 10/23; Housing Code Appeals Board of 10/21; requesting to purchase a portion of Lot 1 of Park and Recreation Commission of 10/14; Clark’s Subdivision No. 2 for the cost of Zoning Advisory Commission of 10/1; Zoning surveying and platting fees, plus $1.00, Board of Adjustment of 10/29, presented and presented and read. Buol moved that the read. Buol moved that the minutes be received communication be received and filed and and filed. Seconded by Markham. Motion referred to the City Manager. Seconded by carried 7-0. Markham. Motion carried 7-0. Proofs of publication of City Council Tri-State Community Health Center: Proceedings for October 20, 2003 and List of Communication of City Manager Michael C. Van Claims and Summary of Revenues for month Milligen to the Bureau of Primary Health Care in ending September 30, 2003, presented and support of the Tri-State Community Health read. Buol moved that the proofs be received Center’s application for a federally qualified and filed. Seconded by Markham. Motion community health center, presented and read. carried 7-0. Buol moved that the communication be received and filed and approved letter of support. Finance Director submitting the City of Seconded by Markham. Motion carried 7-0. Dubuque Financial Reports for month ending October 31, 2003, presented and read. Buol Adams Company vs. City of Dubuque: moved that the communication and report be Corporation Counsel advising that the Adams received and filed. Seconded by Markham. Company has dismissed its lawsuit against the Motion carried 7-0. City, presented and read. Buol moved that the communication be received and filed. Seconded Notice of Claims/Suits: Coghlan, Kukankos, by Markham. Motion carried 7-0. Cook LLC for personal injury of Trevor Hingtgen; Farner Bocken Company for vehicle damage; Iowa Department of Economic Development: Yvonne Collins for personal injury; Gregory Communication from the Iowa Department of Jelinek, Jr. for personal injury; Delbert C. Keuter Economic Development advising that on Regular Session, November 17, 2003 369 October 16, 2003, the Iowa Department of Iowa Department of Economic Development – Economic Development approved the Grant Contract for Downtown Planning: City Community Economic Betterment Account Manager recommending approval of an Application (CEBA) for Shepherd Incorporated, extension to the Iowa Department of Economic presented and read. Buol moved that the Development grant contract for downtown communication be received and filed. Seconded planning, presented and read. Michalski moved by Markham. Motion carried 7-0. that the communication be received and filed and approved recommendation for extension to Proposed Baseball Stadium: Two June 30, 2004. Seconded by Buol. Motion communications from citizens urging a “no” vote carried 7-0. Staff was directed to schedule a on the referendum and one communication work session regarding the Downtown Plan. regarding the location of the stadium with a response from the City Manager regarding the Burlington Northern Railroad Depot proposed location, presented and read. Buol Restoration Project – Acceptance: City Manager moved that the communication be received and recommending acceptance of the Burlington filed. Seconded by Markham. Motion carried 7-Northern Railroad Depot Project – Contract #2 – 0. Roof, Gutters and Downspouts, as completed by A & G Electric Company in the final contract Kopp’s John F. Kennedy Addition No. 2 – Final amount of $78,430.86, presented and read. Plat: Zoning Advisory Commission Buol moved that the communication be received recommending approval of the final plat of John and filed. Seconded by Markham. Motion F. Kennedy Addition No. 2 as requested by Lyle carried 7-0. Kopp, presented and read. Buol moved that the RESOLUTION NO. 451-03 communication be received and filed. Seconded ACCEPTING IMPROVEMENT by Markham. Motion carried 7-0. Whereas, the contract for the Burlington RESOLUTION NO. 450-03 Northern Railroad Depot Restoration Project, RESOLUTION APPROVING THE FINAL PLAT Contract No. 15A – Electrical has been OF KOPP’S JFK ADDITION NO. 2 IN THE completed and the City Manager has examined CITY OF DUBUQUE, IOWA. the work and filed his certificate stating that the Whereas, there has been filed with the City same has been completed according to the Clerk a Final Plat of Kopp’s JFK addition No. 2; terms of the contract, plans and specifications and and recommends its acceptance. Whereas, said plat provides Lots 2 and 4 with NOW THEREFORE, BE IT RESOLVED BY 0 feet of lot frontage, where 50 feet of lot THE CITY COUNCIL OF THE CITY OF frontage is required; and DUBUQUE, IOWA: Whereas, said Final Plat has been examined Section 1. That the recommendation of the by the Zoning Advisory Commission and had its City Manager be approved and that said approval endorsed thereon; and improvement be and the same is hereby Whereas, said Final Plat has been examined accepted. by the City Council and they find that it conforms BE IT FURTHER RESOLVED that the City to the statutes and ordinances relating thereto. Treasurer be and he is hereby directed to pay to NOW THEREFORE, BE IT RESOLVED BY the contractor in the amount equal to the amount THE CITY COUNCIL OF THE CITY OF of his contract, less any retained percentage DUBUQUE, IOWA: provided for therein, and the City shall be Section 1. That Section 42-19(b) of the reimbursed in the amount of 20% of said Subdivision Regulations is waived to allow Lots contract amount from the Dubuque County 2 and 4 with 0 feet of lot frontage, where 50 feet Historical Society and 80% of said contract of lot frontage is required. amount from the Iowa Department of Section 2. That the Final Plat of Kopp’s JFK Transportation, TEA-21 Grant. th Addition No. 2 is hereby approved, and the Passed, approved and adopted this 17 day of Mayor and City Clerk are hereby authorized and November, 2003. directed to endorse the approval of the City of Terrance M. Duggan, Mayor Dubuque, Iowa upon said Final Plat. Attest: Jeanne F. Schneider, CMC, City Clerk th Passed, approved and adopted this 17 day of Buol moved adoption of the Resolution. November 2003. Seconded by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 452-03 Attest: Jeanne F. Schneider, City Clerk FINAL ESTIMATE Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No. 15A – Electrical has been 370 Regular Session, November 17, 2003 completed and the City Engineer has submitted of said improvement is hereby determined to be his final estimate showing the cost thereof $93,490.00 and the said improvement shall be including the cost of estimates, notices and paid by the City as provided for therein, and the inspection and all miscellaneous costs. City shall be reimbursed in the amount of 30% of NOW THEREFORE, BE IT RESOLVED BY said contract amount from the Dubuque County THE CITY COUNCIL OF THE CITY OF Historical Society and 70% of said contract DUBUQUE, IOWA: amount from the Iowa Department of Section 1. That the cost of said improvement Transportation, TEA-21 Grant. th is hereby determined to be $78,430.86 and the Passed, approved and adopted this 17 day of said improvement shall be paid by the City as November, 2003. provided for therein, and the City shall be Terrance M. Duggan, Mayor reimbursed in the amount of 20% of said Attest: Jeanne F. Schneider, CMC, City Clerk contract amount from the Dubuque County Buol moved adoption of the Resolution. Historical Society and 80% of said contract Seconded by Markham. Motion carried 7-0. amount from the Iowa Department of RESOLUTION NO. 454-03 Transportation, TEA-21 Grant. th FINAL ESTIMATE Passed, approved and adopted this 17 day of November, 2003. Whereas, the contract for the Woodward Terrance M. Duggan, Mayor Museum – 2002 Renovations Project, Contract Attest: Jeanne F. Schneider, CMC, City Clerk No. 2 – Roof, Gutters and Downspouts has been Buol moved adoption of the Resolution. completed and the City Engineer has submitted Seconded by Markham. Motion carried 7-0. his final estimate showing the cost thereof including the cost of estimates, notices and Woodward Museum – 2002 Renovations inspection and all miscellaneous costs. Project – Contract #2 – Acceptance: City NOW THEREFORE, BE IT RESOLVED BY Manager recommending acceptance of THE CITY COUNCIL OF THE CITY OF Woodward Museum – 2002 Renovations Project DUBUQUE, IOWA: Contract #2 as completed by T & K Roofing and Section 1. That the cost of said improvement Sheet Metal Company in the final contract is hereby determined to be $93,490.00 and the amount of $93,490, presented and read. Buol said improvement shall be paid by the City as moved that the communication be received and provided for therein, and the City shall be filed. Seconded by Markham. Motion carried 7-reimbursed in the amount of 30% of said 0. contract amount from the Dubuque County Historical Society and 70% of said contract RESOLUTION NO. 453-03 amount from the Iowa Department of ACCEPTING IMPROVEMENT Transportation, TEA-21 Grant. th Whereas, the contract for the Woodward Passed, approved and adopted this 17 day of Museum – 2002 Renovations Project, Contract November, 2003. No. 2 – Roof, Gutters and Downspouts has been Terrance M. Duggan, Mayor completed and the City Manager has examined Attest: Jeanne F. Schneider, CMC, City Clerk the work and filed his certificate stating that the Buol moved adoption of the Resolution. same has been completed according to the Seconded by Markham. Motion carried 7-0. terms of the contracts, plans and specifications and recommends its acceptance. Abstract of Votes: Submittal of the Abstract of NOW THEREFORE, BE IT RESOLVED BY Votes for the November 3, 2003 City Council THE CITY COUNCIL OF THE CITY OF election, presented and read. Buol moved that DUBUQUE, IOWA: the Abstract of Votes be received and filed. Section 1. That the recommendation of the Seconded by Markham. Motion carried 7-0. City Manager be approved and that said improvements be and the same are hereby Legislative Correspondence: Communication accepted. of City Manager to Senators Charles Grassley BE IT FURTHER RESOLVED that the City and Tom Harkin urging them to oppose efforts to Treasurer be and he is hereby directed to pay to pass damaging legislation as a part of an the contractor in the amount equal to the amount appropriations bill, to oppose attempts to limit of his contract, less any retained percentage debate, and to support the amendment offered provided for therein, and the City shall be by Senators Carper and Alexander to extend the reimbursed in the amount of 30% of said present moratorium to 2005, presented and contract amount from the Dubuque County read. Buol moved that the communication be Historical Society and 70% of said contract received and filed and approved letters. amount from the Iowa Department of Seconded by Markham. Motion carried 7-0. Transportation, TEA-21 Grant. Regular Session, November 17, 2003 371 Letter of Support – Cabela’s Walleye NOW, THEREFORE, BE IT RESOLVED BY Tournament: City Manager recommending THE CITY COUNCIL OF THE CITY OF approval of a letter supporting the efforts of the DUBUQUE, IOWA: Dubuque Area Chamber of Commerce and the That the Manager be authorized to cause to be Grand Harbor Resort and Waterpark to attract issued the following named applicants a Beer the 2005 Cabela’s National Walleye Tournament Permit. to Dubuque, presented and read. Buol moved CLASS “C” BEER PERMIT that the communication be received and filed Rainbo Oil Company Kwik Stop Food Mart+ and approved recommendation. Seconded by (Sunday Sale) 2297 University Av th Markham. Motion carried 7-0. Passed, approved and adopted this 17 day of November, 2003. Letter of Appreciation: Communication from Terrance M. Duggan, Mayor Mary Ann Kress, Alverno Apartments, Attest: Jeanne F. Schneider, CMC, City Clerk expressing appreciation to the Council for their Buol moved adoption of the Resolution. good work in guiding the City, especially Seconded by Markham. Motion carried 7-0. regarding Wal-Mart, presented and read. Buol RESOLUTION NO. 457-03 moved that the communication be received and filed. Seconded by Markham. Motion carried 7-Whereas, applications for Liquor Licenses 0. have been submitted to this Council for approval and the same have been examined and Iowa’s Mississippi River Trail Plan: City approved; and Manager recommending approval of the Whereas, the premises to be occupied by such submittal of comments to the Iowa Department applicants were inspected and found to comply of Transportation regarding the Iowa Mississippi with the State Laws and all City Ordinances River Trail Plan, presented and read. Buol relevant thereto and they have filed proper moved that the communication be received and bonds. filed and approved recommendation. Seconded NOW, THEREFORE, BE IT RESOLVED BY by Markham. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Business Licenses: That the Manager be authorized to cause to be issued the following named applicants a Liquor RESOLUTION NO. 455-03 License. NOW, THEREFORE, BE IT RESOLVED BY CLASS “C” BEER/LIQUOR LICENSE THE CITY COUNCIL OF THE CITY OF Aragon Tap, Inc. Aragon Tap + DUBUQUE, IOWA: (Sunday Sale) 1103 Iowa St That the following having complied with the DM Sports Bar, Inc Jumpers Sports Bar & Grill+ provisions of law relating to the sale of (Sunday Sale) 2600 Dodge St Cigarettes within the City of Dubuque, Iowa, be Point Restaurant, Inc Point Restaurant+ granted a permit to sell Cigarettes and Cigarette (Sunday/Outdoor Sale) 2370 Rhomberg Papers within said City. SPECIAL CLASS “C” LIQUOR NEW Mandarin Garden Buffet, Inc Mandarin Garden DM Sports Bar, Inc. Jumpers Sports BarBuffet+(Sunday Sale) 55 JFK Rd 2600 Dodge St CLASS “B” WINE Passed, approved and adopted this 17th day P.S. I Love You, Inc. P.S. I Love You of November, 2003. 730 Main St Terrance M. Duggan, Mayor Passed, approved and adopted this 17th day Attest: Jeanne F. Schneider, CMC, City Clerk of November, 2003. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 456-03 Seconded by Markham. Motion carried 7-0. BEER ITEMS TO BE SET FOR PUBLIC HEARING Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined St. Celia Street – Request to Vacate: City and approved: and Manager recommending that a public hearing be Whereas, the premises to be occupied by set for December 1, 2003 to consider a request such applicants were inspected and found to from Damian F. Arensdorf for the vacating of a comply with the Ordinances of the City and have portion of the alley north of Hillcrest Road and filed proper bonds. west of St. Celia Street behind his residence at 2117 St. Celia Street, presented and read. Markham moved that the communication be 372 Regular Session, November 17, 2003 PARK SUBDIVISION NO. 3 IN THE CITY OF received and filed. Seconded by Cline. Motion DUBUQUE, DUBUQUE COUNTY, IOWA carried 7-0. Whereas, Damian F. Arensdorf has requested RESOLUTION NO. 458-03 the vacating of a part of the existing alley in RESOLUTION APPROVING PLAT OF Block 1 of Sunset Park Subdivision No. 3 in the PROPOSED VACATED PART OF THE City of Dubuque, Dubuque County, Iowa; and EXISTING ALLEY IN BLOCK 1 OF SUNSET Whereas, William Burger, Land Surveyor, has PARK SUBDIVISION NO. 3 IN THE CITY OF prepared and submitted to the City Council a DUBUQUE, DUBUQUE COUNTY, IOWA plat showing the vacated portion of the existing Whereas, there has been presented to the City alley in Block 1 of Sunset Park Subdivision No. 3 Council of the City of Dubuque, Iowa, a plat in the City of Dubuque, Dubuque County, Iowa th dated the 4 day of November, 2003, prepared and assigned lot numbers thereto, which by William Burger, Land Surveyor, describing hereinafter shall be known and described as Lot the proposed vacated portion of the existing 1A of Block 1 in Sunset Park Subdivision No. 3 alley in Block 1 of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; in the City of Dubuque, Dubuque County, Iowa; and and Whereas, the City Council of the City of Whereas, said plat conforms to the laws and Dubuque, Iowa has determined that a part of the statutes pertaining thereto. existing alley in Block 1 of Sunset Park NOW, THEREFORE, BE IT RESOLVED BY Subdivision No. 3 in the City of Dubuque, Iowa THE CITY COUNCIL OF THE CITY OF is no longer required for public use, except for DUBUQUE, IOWA: utility easements as noted, and vacating of said th Section 1. That the plat dated 4 day of portion of the existing alley in Block 1 of Sunset November, 2003, prepared by William Burger, Park Subdivision No. 3 known as Lot 1A of Land Surveyor, relative to the real estate Block 1 in Sunset Park Subdivision No. 3, in the hereinabove described be and the same is City of Dubuque, Dubuque County, Iowa should hereby approved, and the Mayor and City Clerk be approved. be and they are hereby authorized and directed NOW, THEREFORE, BE IT ORDAINED BY to execute said plat for and on behalf of the City THE CITY COUNCIL OF THE CITY OF of Dubuque, Iowa. DUBUQUE, IOWA: Section 2. The City of Dubuque reserves unto Section 1. That the real estate described as itself a perpetual easement including the right of Lot 1A of Block 1 in Sunset Park Subdivision No. ingress and egress thereto, for the purpose of 3, in the City of Dubuque, Dubuque County, erecting, installing, constructing, reconstructing, Iowa, be and the same is hereby vacated. repairing, owning, operating, and maintaining Section 2. The City of Dubuque reserves unto water, sewer, drainage, gas, telephone, t.v., itself a perpetual easement including the right of cable, and electric lines as may be authorized by ingress and egress thereto, for the purpose of the City of Dubuque, Iowa, as shown on the Plat erecting, installing, constructing, reconstructing, of Survey of Lot 1A of Block 1 in Sunset Park repairing, owning, operating, and maintaining Subdivision No. 3 in the City of Dubuque, water, sewer, drainage, gas, telephone, Dubuque County, Iowa. television cable, fiber optics, and electric lines as Section 3. That the City Clerk be and is hereby may be authorized by the City of Dubuque, authorized and directed to file said plat and Iowa, as shown on the Plat of Survey of Lot 1A certified copy of this resolution in the office of of Block 1 in Sunset Park Subdivision No. 3 in the Recorder in and for Dubuque County, Iowa. the City of Dubuque, Dubuque County, Iowa. thth Passed, approved and adopted this 17 day of Passed, approved and adopted this 17 day of November, 2003. November, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Published officially in the Telegraph Herald th Seconded by Cline. Motion carried 7-0. newspaper this 24day of November, 2003. Jeanne F. Schneider, City Clerk An Ordinance Vacating a part of the existing 1t 11/24 alley in Block 1 of Sunset Park Subdivision No. 3 Markham moved that the requirement that a in the City of Dubuque, Dubuque County, Iowa, proposed Ordinance be considered and voted presented and read. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be OFFICIAL PUBLICATION suspended and further moved final ORDINANCE NO. 84-03 consideration and passage of the Ordinance. ORDINANCE VACATING A PART OF THE Seconded by Cline. Motion carried 7-0. EXISTING ALLEY IN BLOCK 1 OF SUNSET Regular Session, November 17, 2003 373 RESOLUTION NO. 459-03 Markham moved adoption of the Resolution RESOLUTION OF INTENT TO DISPOSE OF and set this for Public Hearing on 12/1/03 at a CITY INTEREST IN LOT 1A OF BLOCK 1 IN meeting to commence at 6:30 P.M. in the public SUNSET PARK SUBDIVISION NO. 3 IN THE library auditorium and that the City Clerk publish CITY OF DUBUQUE, DUBUQUE COUNTY, notice in the manner prescribed by law. IOWA Seconded by Cline. Motion carried 7-0. Whereas, Damian F. Arensdorf has requested the vacating of a part of the existing alley in Seippel Road Water Main Extension Project: Block 1 of Sunset Park Subdivision No. 3 in the City Manager recommending initiation of the City of Dubuque, Dubuque County, Iowa; and bidding process for the Seippel Road Water Whereas, William Burger, Land Surveyor, has Main Extension Project and setting a public prepared and submitted to the City Council a hearing for December 15, 2003, presented and plat showing the vacated portion of the existing read. Markham moved that the communication alley in Block 1 of Sunset Park Subdivision No. 3 be received and filed. Seconded by Cline. in the City of Dubuque, Dubuque County, Iowa Motion carried 7-0. and assigned lot numbers thereto, which RESOLUTION NO. 460-03 hereinafter shall be known and described as Lot PRELIMINARY APPROVAL OF 1A of Block 1 in Sunset Park Subdivision No. 3 PLANS AND SPECIFICATIONS in the City of Dubuque, Dubuque County, Iowa; and Whereas, the proposed plans, specifications Whereas, the City Council of the City of and form of contract for the installation of Dubuque, Iowa has determined that this part of approximately 1,400 feet of 16 inch ductile iron the existing alley in Block 1 of Sunset Park water main along Seippel Road in the estimated Subdivision No. 3 is no longer required for public amount of $95,600 dollars have been prepared use, except for utility easements as noted, and by IIW Engineers of Dubuque Iowa. vacating and sale of said portions of alleys and NOW THEREFORE, BE IT RESOLVED BY streets known as Lot 1A of Block 1 in Sunset THE CITY COUNCIL OF THE CITY OF Park Subdivision No. 3 in the City of Dubuque, DUBUQUE, IOWA: Dubuque County, Iowa should be approved. Section 1. The proposed plans, specifications NOW, THEREFORE, BE IT RESOLVED BY and form of contract are approved and ordered THE CITY COUNCIL OF THE CITY OF filed in the office of the City Clerk for public DUBUQUE, IOWA: inspection. Section 1. That the City of Dubuque intends to Passed, approved and adopted this 17th day dispose of its interest in Lot 1A of Block 1 in of November, 2003. Sunset Park Subdivision No. 3 in the City of Terrance M. Duggan, Mayor Dubuque, Dubuque County, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the conveyance of Lot 1A of Markham moved adoption of the Resolution. Block 1 in Sunset Park Subdivision No. 3 in the Seconded by Cline. Motion carried 7-0. City of Dubuque, Dubuque County, Iowa, to the RESOLUTION NO. 461-03 Damian F. Arensdorf be contingent upon the FIXING DATE FOR HEARING payment of $1.00, plus the cost of surveying, ON PLANS AND SPECIFICATIONS platting, and publication and filing fees. Section 3. The City of Dubuque reserves unto Whereas, the City Council of the City of itself a perpetual easement including the right of Dubuque, Iowa has given it preliminary approval ingress and egress thereto, for the purpose of on the proposed plans, specifications, and form erecting, installing, constructing, reconstructing, of contract and placed same on file in the office repairing, owning, operating, and maintaining of the City Clerk for public inspection of the water, sewer, drainage, gas, telephone, construction of approximately 1,400 feet of 16” television cable, fiber optics, and electric lines as ductile iron water main along Seippel Road with may be authorized by the City of Dubuque, Iowa accessories. as shown on the Plat of Survey of Lot 1A of NOW THEREFORE, BE IT RESOLVED BY Block 1 in Sunset Park Subdivision No. 3 in the THE CITY COUNCIL OF THE CITY OF City of Dubuque, Dubuque County, Iowa. DUBUQUE, IOWA: th Section 4. That the City Clerk be and is hereby That on the 15 day of December, 2003 a authorized and directed to cause a notice of public hearing will be held at 6:30 p.m. in the intent to dispose of said real estate to be Public Library Auditorium at which time published in the manner as prescribed by law. interested persons may appear and be herd for th Passed, approved and adopted this 17 day of or against the proposed plans and November, 2003. specifications, form of contract and cost of said Terrance M. Duggan, Mayor improvement, and the City Clerk be and is Attest: Jeanne F. Schneider, CMC, City Clerk hereby directed to cause a notice of time and place of such hearing to be published in a 374 Regular Session, November 17, 2003 RESOLUTION NO. 463-03 newspaper having general circulation in the City PRELIMINARY APPROVAL OF of Dubuque, Iowa, which notice shall be not less PLANS AND SPECIFICATIONS than four days nor more than twenty days prior to the day fixed for this consideration. At the NOW THEREFORE, BE IT RESOLVED BY hearing, any interested person may appear and THE CITY COUNCIL OF THE CITY OF file objections to the proposed plans, DUBUQUE, IOWA: specifications, contract, or estimated cost of the That the proposed plans, specifications, form improvement. of contract and estimated cost for the Eagle th Passed, adopted, and approved this 17 day Valley Subdivision Water Main and Service Line of November, 2003. Extension Project in the estimated amount of Terrance M. Duggan, Mayor $75,000 are hereby approved and ordered filed Attest: Jeanne F. Schneider, CMC, City Clerk in the office of the City Clerk for public Markham moved adoption of the Resolution. inspection. th Seconded by Cline. Motion carried 7-0. Passed, adopted and approved this 17 day of November, 2003. Terrance M. Duggan, Mayor RESOLUTION NO. 462-03 Attest: Jeanne F. Schneider, CMC, City Clerk ORDERING BIDS Markham moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: RESOLUTION NO. 464-03 Section 1. That the installation of FIXING DATE OF HEARING approximately 1,400 feet of 16 inch ductile iron ON PLANS AND SPECIFICATIONS water main along Seippel Road 1,400 feet of 6 Whereas, the City Council of the City of inch ductile iron with accessories is hereby Dubuque, Iowa has given its preliminary ordered to be advertised for bids for approval on the proposed plans, specifications, construction. and form of contract and placed same on file in Section 2. That the amount of the security to the office of the City Clerk for public inspection accompany each bid shall be in amount which of the Eagle Valley Subdivision Water Main and shall conform to the provisions of the notice to Service Line Extension Project. bidders hereby approved as part of the plans NOW THEREFORE, BE IT RESOLVED BY and specifications heretofore adopted. THE CITY COUNCIL OF THE CITY OF Section 3. That the City Clerk is hereby DUBUQUE, IOWA: directed to advertise for bids for the construction th That a public hearing will be held on the 15 of the improvement herein provided to be day of December, 2003 at 6:30 p.m. in the published in a newspaper having general Public Library Auditorium at which time circulation in the City of Dubuque, Iowa, which interested persons may appear and be heard for notice shall not be less than four days nor more or against the proposed plans and than twenty days prior to the receipt of said bids th specifications, form of contract and cost of said at 2:00 p.m. on the 4 day of December, 2003. improvement, and the City Clerk be and is Bids shall be opened and read by the City Clerk hereby directed to cause a notice of time and at said time and will be submitted to the Council th place of such hearing to be published in a for the final action at 6:30 p.m. on the 15 day of newspaper having general circulation in the City December, 2003. th of Dubuque, Iowa, which notice shall be not less Passed, approved and adopted this 17 day of than four days nor more than twenty days prior November, 2003. to the day fixed for its consideration. At the Terrance M. Duggan, Mayor hearing, any interested person may appear and Attest: Jeanne F. Schneider, CMC, City Clerk file objections to the proposed plans, Markham moved adoption of the Resolution. specifications, contract or estimated cost of the Seconded by Cline. Motion carried 7-0. improvement. th Passed, adopted and approved this 17 day of Eagle Valley Subdivision Water Main and November, 2003. Service Line Extension Project: City Manager Terrance M. Duggan, Mayor recommending initiation of the bidding process Attest: Jeanne F. Schneider, CMC, City Clerk for the Eagle Valley Subdivision Water Main and Markham moved adoption of the Resolution. Service Line Extension Project and setting a Seconded by Cline. Motion carried 7-0. public hearing for December 15, 2003, presented and read. Markham moved that the RESOLUTION NO. 465-03 communication be received and filed. Seconded ORDERING BIDS by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, November 17, 2003 375 That the Eagle Valley Subdivision Water Main An Ordinance Amending Appendix A (the and Service Line Extension Project is hereby Zoning Ordinance) of the City of Dubuque Code ordered to be advertised for bids for of Ordinances by reclassifying hereinafter construction. described property located west of Radford BE IT FURTHER RESOLVED, that the Road and south of Saratoga Road from AG amount of the security to accompany each bid Agricultural District to R-1 Single-Family shall be in an amount which shall conform to the Residential District, presented and read. provisions of the Notice to Bids hereby approved OFFICIAL PUBLICATION as a part of the plans specifications heretofore ORDINANCE NO. 85-03 adopted. AN ORDINANCE AMENDING APPENDIX A That the City Clerk is hereby directed to (THE ZONING ORDINANCE) OF THE CITY OF advertise for bids for the construction of the DUBUQUE CODE OF ORDINANCES BY improvements herein provided, to be published RECLASSIFYING HEREINAFTER DESCRI- in a newspaper having general circulation in the BED PROPERTY LOCATED WEST OF City of Dubuque, Iowa, which notice shall not be RADFORD ROAD AND SOUTH OF less than four days nor more than forty-five days SARATOGA ROAD FROM AG prior to the receipt of said bids at 2:00 p.m. on th AGRICULTURAL DISTRICT TO R-1 SINGLE- the 4 day of December, 2003. Bids shall be FAMILY RESIDENTIAL. opened and read by the City Clerk at said time and will submitted to the Council for final action NOW, THEREFORE, BE IT ORDAINED BY th at 6:30 p.m. on the 15 day of December, 2003. THE CITY COUNCIL OF THE CITY OF Passed, adopted and approved this 17th day DUBUQUE, IOWA: of November, 2003. Section 1. That Appendix A (The Zoning Terrance M. Duggan, Mayor Ordinance) of the City of Dubuque Code of Attest: Jeanne F. Schneider, CMC, City Clerk Ordinances is hereby amended by reclassifying Markham moved adoption of the Resolution. the hereinafter-described property from AG Seconded by Cline. Motion carried 7-0. Agricultural District to R-1 Single-Family Residential District, to wit: BOARDS/COMMISSIONS Lot 2 Siegert Farm No. 2, and to the centerline of the adjoining public right-of-way, all in the City Applicants are invited to address the Council of Dubuque, Iowa. regarding their desire to serve on the following Section 2. The foregoing amendment has Boards/Commissions: heretofore been reviewed by the Zoning Environmental Stewardship Advisory Advisory Commission of the City of Dubuque, Commission (One 3-Year Term to Expire Iowa. 10/1/05): Applicant: Wayne Klostermann. No Section 3. This ordinance shall take effect one spoke. immediately upon publication, as provided by Housing Commission (One 3-Year Term to law. th Expire 8/17/04): Applicant: Dorothy Passed, approved and adopted this 17 day of Schwendinger, OSF. No one spoke. November, 2003. Terrance M. Duggan, Mayor PUBLIC HEARINGS Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Michalski moved to suspend the rules to allow Newspaper the 24 day of November, 2003. anyone present to address the Council. Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. 1t 11/24 Buol moved that the requirement that a Joseph and Ruth Siegert / Dubuque proposed Ordinance be considered and voted Community School District: Proof of publication on for passage at two Council Meetings prior to on notice of hearing to consider rezoning the meeting at which it is to be finally passed be property located on Radford Road near suspended and further moved final Saratoga Road from AG Agricultural District to consideration and passage of the Ordinance. R-1 Single-Family Residential District at the Seconded by Cline. Motion carried 7-0. request of Joseph and Ruth Siegert/Dubuque Community School District and Zoning Advisory Request to Rezone Property – 468 Lincoln Commission recommending approval, presented Avenue: Proof of publication on notice of hearing and read. Buol moved that the proof and to consider rezoning property located at 468 communication be received and filed. Seconded Lincoln Avenue from R-2A Alternate Two-Family by Cline. Motion carried 7-0. Residential District to CS Commercial Service Attorney Doug Henry, on behalf of the and Wholesale District at the request of Jay Dubuque Community School District, spoke in Winger/Winger Construction, LLC and Zoning support of the rezoning. Advisory Commission recommending approval, 376 Regular Session, November 17, 2003 FOR THE EMERALD ACRES NO. 2 PUD with conditions. City Manager submitting PLANNED UNIT DEVELOPMENT DISTRICT. photographs of the Winger Construction site previously located in the Port of Dubuque, an NOW, THEREFORE, BE IT ORDAINED BY Ordinance amending Appendix A (the Zoning THE CITY COUNCIL OF THE CITY OF Ordinance) of the City of Dubuque Code of DUBUQUE, IOWA: Ordinances by reclassifying hereinafter Section 1. That Appendix A (the Zoning described property located at 468 Lincoln Ordinance) of the City of Dubuque Code of Avenue from R-2A Alternate Two-Family Ordinances is hereby amended by providing for Residential District to CS Commercial Service the amendment of ordinances 10-99 and 96-03, and Wholesale District, and City Manager which adopted regulations for the Emerald Acres requesting that rezoning of this property be No. 2 PUD Planned Unit Development District tabled until after completion of the alignment and with a PR Planned Residential designation, and design study for the Bee Branch Creek approving an amended Ordinance for the Restoration Project is completed and that a Emerald Acres No. 2 PUD Planned Unit moratorium on rezoning and building permits for Development District, a copy of which is expansion in this area be considered, presented attached to and made a part hereof, to wit: and read. Michalski moved that this be received Lot 28 Emerald Acres No. 2, and to the and filed and tabled until 12/1/03 at a meeting to centerline of the adjoining public right-of-way, all commence at 6:30 P.M. in the public library in the City of Dubuque, Iowa. auditorium. Seconded by Nicholson. Carried by Section 2. Pursuant to Iowa Code Section the following vote: Yeas—Buol, Cline, Connors, 414.5 (2001), and as an express condition of the Michalski, Nicholson. Nays—Duggan, Markham. reclassification, the undersigned property Mr. Winger spoke objecting to any delay in the owners agrees to the following conditions, all of proposed rezoning. which the property owners further agrees are reasonable and imposed to satisfy the public Equity Builders/Peter Eck – Amend Planned needs that are caused directly by the zoning Unit Development District: Proof of publication reclassification: on notice of hearing to consider amending the A. Use Regulations. Planned Unit Development District at the The following regulations shall apply to all uses northwest corner of Tanzanite Drive and made of land in the above-described PUD Sapphire Circle with a Planned Residential District: Designation to facilitate development of forty 1) Principal permitted uses for Zone A shall be new housing units at the request of Equity limited to: Builders/Peter Eck and Zoning Advisory a) Single-family detached dwellings--[11]. Commission recommending approval, presented 2) Principal permitted uses for Zone B shall be and read. Buol moved that the proof and limited to: communication be received and filed. Seconded a) Single-family detached dwellings--[11]. by Nicholson. Motion carried 7-0. b) Two-family dwelling (duplex)--[11]. Peter Eck spoke in favor of the rezoning. c) Multi-family dwelling (maximum six (6) An Ordinance Amending Appendix A (the dwelling units)--[9]. Zoning Ordinance) of the City of Dubuque Code d) Townhouses (maximum six (6) dwelling of Ordinances by providing for the amendment units)--[11]. of Ordinances No. 10-99 and 96-02, which 3) Accessory uses shall include any use adopted regulations for the Emerald Acres No. 2 customarily incidental and subordinate to the PUD Planned Unit Development District and principal use it serves. approving an amended ordinance for the [ ] Parking group--see Section 4-2 of the Emerald Acres No. 2 Planned Unit Development Zoning Ordinance. District, presented and read. B. Lot and Bulk Regulations. Development of land in the PUD District shall be OFFICIAL PUBLICATION regulated as follows: ORDINANCE NO. 86-03 1) Lots for single-family dwellings shall meet AN ORDINANCE AMENDING APPENDIX A bulk regulations set forth in the Zoning (THE ZONING ORDINANCE) OF THE CITY OF Ordinance for the R-1 Single-Family Residential DUBUQUE CODE OF ORDINANCES BY District. PROVIDING FOR THE AMENDMENT OF 2) All multi-family residential structures within ORDINANCES NO. 10-99 AND 96-02, WHICH Zone B in the Planned Residential development ADOPTED REGULATIONS FOR THE shall meet bulk regulations set forth in the EMERALD ACRES NO. 2 PUD PLANNED Zoning Ordinance for the R-3 Moderate Density UNIT DEVELOPMENT DISTRICT WITH A PR Multi-Family Residential District. PLANNED RESIDENTIAL DESIGNATION AND 3) As an alternative, development of Zone B APPROVING AN AMENDED ORDINANCE may proceed in substantial conformance with the attached conceptual plan. Regular Session, November 17, 2003 377 C. Performance Standards. of the Zoning Ordinance if the property owners The development and maintenance of uses in fail to complete or maintain any of the conditions this PUD District shall be established in of this ordinance. conformance with Section 3-5.5 of the Zoning I. Modifications. Ordinance and the following standards: Any modifications of this Ordinance must be 1) Proposed public streets in the Planned approved by the City Council in accordance with Residential development shall be designed and zoning reclassification proceedings of Section 6 built to City Engineering specifications. of the Zoning Ordinance. 2) Tanzanite Drive shall be constructed to a J. Recording. width of 37 feet. A copy of this ordinance shall be recorded at the 3) Erosion control devices shall be provided expense of the property owners with the during all phases of construction of the Planned Dubuque County Recorder as a permanent Residential development. record of the conditions accepted as part of this 4) Parking requirements for allowed uses reclassification approval within forty-five (45) shall be as per the parking group for the days after the adoption of this ordinance. This designated use, in accordance with Section 4-2 ordinance shall be binding upon the undersigned of the Zoning Ordinance. and his/her heirs, successors and assigns. 5) Sidewalks shall be provided adjoining all Section 3. The foregoing amendment has public streets. heretofore been reviewed by the Zoning 6) Storm water control facilities will be Commission of the City of Dubuque, Iowa. installed as per City Engineering requirements. Section 4. The foregoing amendment shall 7) Final site development plans shall be take effect upon publication, as provided by law, submitted in accordance with Section 4-4 of the and at such time that the herein described Zoning Ordinance prior to construction of any property is legally annexed into the City of buildings. Dubuque, Iowa. th D. Open Space and Recreational Areas Passed, approved and adopted this 17 day of Open space and landscaping in the PUD District November 2003. shall be regulated as follows: Terrance M. Duggan, Mayor 1) Those areas not designated on the Attest: Jeanne F. Schneider, City Clerk conceptual plan for development shall be ACCEPTANCE OF ORDINANCE NO. 86-03 maintained as open space, as defined by I, Edward D. Tschiggfrie, representing T-Corp, Section 8 of the Zoning Ordinance, by the having read the terms and conditions of the property owner and/or association. foregoing Ordinance No. 86-03 and being E. Sign Regulations. familiar with the conditions thereof, hereby Signs in the PUD District shall be regulated as accept the same and agree to the conditions follows required therein. th 1) Signs shall be allowed in the Planned Dated this 15 day of December, 2003. Residential development in accordance with the By: /s/ Edward D. Tschiggfrie R-1 sign regulations of the Zoning Ordinance. ACCEPTANCE OF ORDINANCE NO. 86-03 F. Additional Standards. I, Peter V. Eck, representing Equity Builders., 1) That the attached conceptual development having read the terms and conditions of the plan shall constitute a preliminary subdivision foregoing Ordinance No. 86–03 and being plat, in accordance with Chapter 42, Subdivision familiar with the conditions thereof, hereby Regulations, of the City of Dubuque Code of accept the same and agree to the conditions Ordinances. required therein. th 2) That the property between the south right-Dated this 17 day of November 2003. of-way line of Tanzanite Drive and the south /s/ Peter V. Eck property line of Lot 2 of Lot 1 of SE 1/4 of SE Published officially in the Telegraph Herald nd 1/4, Sec. 2 must comply with the regulations newspaper this 22 day of December, 2003. adopted for Alpine Heights Mobile Home Park Jeanne F. Schneider, CMC, City Clerk Ordinance No. 72-98. 1t 12/22 G. Transfer of Ownership Buol moved that the requirement that a Transfer of ownership or lease of property in this proposed Ordinance be considered and voted PUD District shall include in the transfer or lease on for passage at two Council Meetings prior to agreement a provision that the purchaser or the meeting at which it is to be finally passed be lessee acknowledges awareness of the suspended and further moved final conditions authorizing the establishment of the consideration and passage of the Ordinance. district. Seconded by Nicholson. Motion carried 7-0. H. Reclassification of Subject Property. The City of Dubuque, Iowa, may initiate zoning Request to Rezone Property – 13503 Seippel reclassification proceedings to the AG Road: Proof of publication on notice of hearing Agricultural District in accordance with Section 6 to consider rezoning property located at 13503 378 Regular Session, November 17, 2003 Seippel Road from County R-2 Single-Family property is legally annexed into the City of Residential District to City LI Light Industrial Dubuque, Iowa. th District, in conjunction with annexation, at the Passed, approved and adopted this 17 day of request of Kenneth and Maurine Harris and November 2003. Zoning Advisory Commission recommending Terrance M. Duggan, Mayor approval, presented and read. Buol moved Attest: Jeanne F. Schneider, City Clerk that the proof and communication be received Published officially in the Telegraph Herald th and filed. Seconded by Markham. Motion newspaper this 24 day of November, 2003. carried 7-0. Jeanne F. Schneider, City Clerk 1t 11/24 An Ordinance Amending Appendix A (the Buol moved that the requirement that a Zoning Ordinance) of the City of Dubuque Code proposed Ordinance be considered and voted of Ordinances by reclassifying hereinafter on for passage at two Council Meetings prior to described property located at 13503 Seippel the meeting at which it is to be finally passed be Road from Dubuque County R-2 Single-Family suspended and further moved final Residential District to City of Dubuque LI Light consideration and passage of the Ordinance. Industrial District, concurrent with annexation, Seconded by Markham. Motion carried 7-0. presented and read. Request to Rezone Property – 521 Garfield: OFFICIAL PUBLICATION Proof of publication on notice of hearing to ORDINANCE NO. 87-03 consider rezoning property located at 521 AN ORDINANCE AMENDING APPENDIX A Garfield Avenue from R-2A Alternate Two- (THE ZONING ORDINANCE) OF THE CITY OF Family Residential District to OR Office DUBUQUE CODE OF ORDINANCES BY Residential District at the request of Scott Potter RECLASSIFYING HEREINAFTER DESCRI- and Zoning Advisory Commission BED PROPERTY LOCATED AT 13503 recommending approval, presented and read. SEIPPEL ROAD FROM DUBUQUE COUNTY Markham moved that the proof and R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT communication be received and filed. Seconded TO CITY OF DUBUQUE LI LIGHT by Nicholson. Motion carried 7-0. INDUSTRIAL DISTRICT, CONCURRENT WITH ANNEXATION. An Ordinance Amending Appendix A (the Whereas, Kenneth and Maurine Harris, Zoning Ordinance) of the City of Dubuque Code property owners, have requested rezoning of Ordinances by reclassifying hereinafter concurrent with annexation to the City of described property located at 521 Garfield Dubuque in accordance with Section 2-3 of Avenue from R-2A Alternate Two-Family Appendix A (Zoning Ordinance) of the City of Residential District to OR Office Residential Dubuque Code of Ordinances; and District, presented and read. Whereas, this request has been found to be OFFICIAL PUBLICATION consistent with the Comprehensive Plan and the ORDINANCE NO. 88-03 Future Land Use Map of the Comprehensive AN ORDINANCE AMENDING APPENDIX A Plan. (THE ZONING ORDINANCE) OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED BY DUBUQUE CODE OF ORDINANCES BY THE CITY COUNCIL OF THE CITY OF RECLASSIFYING HEREINAFTER DESCRI- DUBUQUE, IOWA: BED PROPERTY LOCATED AT 521 Section 1. That Appendix A (The Zoning GARFIELD AVENUE FROM R-2A Ordinance) of the City of Dubuque Code of ALTERNATE TWO-FAMILY RESIDENTIAL Ordinances is hereby amended by reclassifying DISTRICT TO OR OFFICE RESIDENTIAL the hereinafter-described property from DISTRICT. Dubuque County R-2 Single-Family Residential District to City of Dubuque LI Light Industrial NOW, THEREFORE, BE IT ORDAINED BY District, to wit: THE CITY COUNCIL OF THE CITY OF Lot 2 of 1 of the SE ¼ of the NE ¼ in Section 25, DUBUQUE, IOWA: th T89N, R2E of the 5 P.M., and to the centerline Section 1. That Appendix A (The Zoning of the adjoining public right-of-way, all in the City Ordinance) of the City of Dubuque Code of of Dubuque, Iowa. Ordinances is hereby amended by reclassifying Section 2. The foregoing amendment has the hereinafter-described property from R-2A heretofore been reviewed by the Zoning Alternate Two-Family Residential District to OR Advisory Commission of the City of Dubuque, Office Residential District, to wit: Iowa. Lot 2 Scharle Subdivision, and to the centerline Section 3. This ordinance shall take effect of the adjoining public right-of-way, all in the City immediately upon publication, as provided by of Dubuque, Iowa. law, and at such time that the herein described Regular Session, November 17, 2003 379 Section 2. The foregoing amendment has Ordinances is hereby amended by reclassifying heretofore been reviewed by the Zoning the hereinafter-described property from C-1 Advisory Commission of the City of Dubuque, Neighborhood Commercial District to C-2 Iowa. Neighborhood Shopping Center District to wit: Section 3. This Ordinance shall take effect Lot 1 of Lot 4 of Lot 128 and Lot 2 of Lot 4 of Lot immediately upon publication, as provided by 128 Finley Addition, and to the centerline of the law. adjoining public right-of-way, all in the City of th Passed, approved and adopted this 17 day of Dubuque, Iowa. November, 20032001. Section 2.The foregoing amendment has Terrance M. Duggan, Mayor heretofore been reviewed by the Zoning Attest: Jeanne F. Schneider, CMC, City ClerkAdvisory Commission of the City of Dubuque, Published officially in the Telegraph Herald Iowa. th Newspaper the 24 day of November, 2003. Section 3. This Ordinance shall take effect /s/Jeanne F. Schneider, CMC, City Clerk immediately upon publication, as provided by 1t 11/24 law. th Markham moved that the requirement that a Passed, approved and adopted this 17 day of proposed Ordinance be considered and voted November, 2003. on for passage at two Council Meetings prior to Terrance M. Duggan, Mayor the meeting at which it is to be finally passed be Attest: Jeanne F. Schneider, CMC, City Clerk suspended and further moved final Published in the Telegraph Herald Newspaper th consideration and passage of the Ordinance. the 24 day of November, 2003. Seconded by Nicholson. Motion carried 7-0. Jeanne F. Schneider, CMC, City Clerk 1t 11/24 Request to Rezone Property – 1870 Asbury Buol moved that the requirement that a Road: proposed Ordinance be considered and voted Council Members Markham and Nicholson on for passage at two Council Meetings prior to excused themselves and left the Chambers due the meeting at which it is to be finally passed be to possible conflict of interest. suspended and further moved final Proof of publication on notice of hearing to consideration and passage of the Ordinance. consider rezoning property located at 1870 Seconded by Michalski. Motion carried 5-0. Asbury Road from C-1 Neighborhood Commercial District to C-2 Neighborhood Four Mounds Estate Historic District – Petition Shopping Center District at the request of for Landmark Status: Proof of publication on Dubuque County Right to Life and Zoning notice of hearing to consider designating the Advisory Commission recommending approval, Four Mounds Estate Historic District as a City presented and read. (local) Landmark and Historic Preservation Ellen Markham, Director of Dubuque County Commission recommending approval, presented Right to Life, spoke in favor of the rezoning. and read. Buol moved that the proof and An Ordinance Amending Appendix A (the communication be received and filed. Seconded Zoning Ordinance) of the City of Dubuque Code by Cline. Motion carried 7-0. of Ordinances by reclassifying hereinafter Chris Olson, Staff Member of Four Mounds, described property located at 1870 Asbury Road spoke in support of the designation. from C-1 Neighborhood Commercial District to An Ordinance Amending Chapter 25 (Historic C-2 Neighborhood Shopping Center District, Preservation Ordinance) of the City of Dubuque presented and read. Code of Ordinances by amending Section 5-6 Identification and Designation of Landmarks, OFFICIAL PUBLICATION Landmark Sites and Historic Districts to include ORDINANCE NO. 89-03 the Four Mounds Estate Historic District as a AN ORDINANCE AMENDING APPENDIX A City Landmark, presented and read. (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY OFFICIAL PUBLICATION RECLASSIFYING HEREINAFTER DESCRI-ORDINANCE NO. 90-03 BED PROPERTY LOCATED AT 1870 AN ORDINANCE AMENDING CHAPTER 25 ASBURY ROAD FROM C-1 NEIGHBORHOOD (HISTORIC PRESERVATION ORDINANCE) COMMERCIAL DISTRICT TO C-2 OF THE CITY OF DUBUQUE CODE OF NEIGHBORHOOD SHOPPING CENTER ORDINANCES BY AMENDING SECTION 25-6 DISTRICT. IDENTIFICATION AND DESIGNATION OF LANDMARKS, LANDMARK SITES AND NOW, THEREFORE, BE IT ORDAINED BY HISTORIC DISTRICTS TO INCLUDE THE THE CITY COUNCIL OF THE CITY OF FOUR MOUNDS ESTATE HISTORIC DUBUQUE, IOWA: DISTRICT AS A CITY LANDMARK. Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of 380 Regular Session, November 17, 2003 Whereas, the Historic Preservation Commission has recommended amendments to County Farm Interceptor Sewer Connection Chapter 25 (Historic Preservation Ordinance) of Fee: Proof of publication on notice of hearing the Code of Ordinances of the City of Dubuque; and notice to property owners to consider and establishing the County Farm interceptor sewer Whereas, the City Council finds that the connection fee at $500 per acre and City recommended amendments to the Historic Manager recommending approval and two Preservation Ordinance are consistent with the communications objecting to the fee, presented goals and objectives of the Comprehensive Plan and read. Buol moved that the proof and and the purpose and intent of the Historic communications be received and filed. Preservation Ordinance. Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY Mayor Duggan stated he had received a verbal THE CITY COUNCIL OF THE CITY OF objection to the fee. DUBUQUE, IOWA: An Ordinance establishing a schedule of Section 1. The Historic Preservation sewer connection fees for the connection of Ordinance (Chapter 25) of the City of Dubuque property to the County Farm Sanitary Interceptor Code of Ordinances is hereby amended by Sewer, presented and read. amending Section 6 to add (12) Four Mounds OFFICIAL PUBLICATION Estate Historic District as a City Landmark and a ORDINANCE NO. 91-03 City Landmark site as follows: AN ORDINANCE ESTABLISHING A Section 25-6.12 FOUR MOUNDS ESTATE SCHEDULE OF SEWER CONNECTION FEES HISTORIC DISTRICT. FOR THE CONNECTION OF PROPERTY TO The property hereinafter described is hereby THE COUNTY FARM SANITARY INTER- designated as a landmark, according to the CEPTOR SEWER provisions of this chapter, to wit: The buildings, structures, objects, sites, and Whereas, after full consideration of the property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1 schedule of sanitary connection fees proposed Of SW-NW & Gov 1 & Min Lot 331 & Lot 1-7-Sw to be made for the County Farm Sanitary & Lot 2-NW-NW All In Sec 1 Of T89N-R2E & Lot Interceptor Sewer, which schedule of connection 1 & Lot 2-1-1-1 Of Sub Of 1-7 SW And SW Of fees was filed in the office of the City Clerk on th NW Sec 1 T89N-R2E & Gov Lot 1 A/K/A Min Lot the 15 day of October, 2003; and 331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 Of SW Whereas, the City Council has determined that Sec 1 Of T89N-R2E & Lot 1 Fountain Hill Re-the amounts shown on said schedule are proper Sub & Lot 16 John Deere Dub Tractor Works & and are in proportion to the benefits conferred; Lot 2-1-1-2-2 Of SE ¼ NE ¼ Sec 2 Of T89N-and th R2E 5, commonly known as 4900 Peru Road. Whereas, the City Council further finds that the Section 2. That the foregoing has heretofore schedule of sewer connection fees for the been reviewed by the Historic Preservation County Farm Sanitary Interceptor Sewer be Commission and Long Range Planning Advisory approved and adopted. Commission of the City of Dubuque, Iowa and NOW THEREFORE, BE IT ORDAINED BY the State Historical Society of Iowa. THE CITY COUNCIL OF THE CITY OF Section 3. The property has archaeological, DUBUQUE, IOWA: architectural, and historic significance and meets Section 1. There is hereby established a the requirements for designation as a city schedule of sewer connection fees of the County landmark and city landmark site. Farm Sanitary Interceptor Sewer for the Section 4. This ordinance shall take effect connection of property to said City sewer. immediately upon publication. Section 2. Each property owner whose th Passed, approved and adopted this 17 day of property will be served by connection to said November, 2003. City sewer shall pay a sewer connection fee to Terrance M. Duggan, Mayor the City, as shown on the schedule of sewer Attest: Jeanne F. Schneider, CMC, City Clerkconnection fees attached hereto. Published officially in the Telegraph Herald Section 3. Such connection fee shall be due th Newspaperthe 24 day of November, 2003. and payable when a sewer connection Jeanne F. Schneider, CMC, City Clerk application is filed with the City. All fees 1t 11/24 collected under this Ordinance shall be paid to Buol moved that the requirement that a the City Treasurer. proposed Ordinance be considered and voted Section 4. The City Clerk is hereby authorized on for passage at two Council Meetings prior to and directed to certify a copy of this Ordinance the meeting at which it is to be finally passed be for recording in the office of the Dubuque County suspended and further moved final Recorder. th consideration and passage of the Ordinance. Passed, approved and adopted this 17 day of Seconded by Cline. Motion carried 7-0. November, 2003. Regular Session, November 17, 2003 381 Terrance M. Duggan, Mayor proposition of obligating Tax Increment Revenue Attest: Jeanne F. Schneider, CMC, City Clerk to assist the Cooper Development Company, Published officially in the Telegraph Herald and has considered and overruled any and all th newspaper this 24 day of November, 2003. objections thereto; and Jeanne F. Schneider, City Clerk Whereas, an application for Property Tax 1t 11/24 Rebates for Historic Structures, and a Property Buol moved that the requirement that a Tax Rebate Agreement, both hereto attached proposed Ordinance be considered and voted and by this reference made a part hereof, sets on for passage at two Council Meetings prior to forth the terms and conditions of a Property Tax the meeting at which it is to be finally passed be Rebate program for the renovation of the suspended and further moved final Cooper Wagon Works Building, and the consideration and passage of the Ordinance. disbursement of Tax Increment proceeds to Seconded by Cline. Motion carried 7-0. Cooper Development Company. NOW, THEREFORE, BE IT RESOLVED BY Cooper Development Company, LLC – Tax THE CITY COUNCIL OF THE CITY OF Increment Financing: Proof of publication on DUBUQUE, IOWA: notice of hearing to consider approval of Cooper Section 1.That the application of the Cooper Development Company’s application for Development Company for property tax rebates Property Tax Rebates for Historic Properties for for the Cooper Wagon Works Building and City seven years and City Manager recommending Lot 78 (except for the southerly 3 inches thereof) approval, presented and read. Markham moved in the City of Dubuque, Iowa, and reviewed by that the proof and communication be received the City of Dubuque Historic Preservation and filed. Seconded by Connors. Motion carried Commission is hereby approved. 7-0. Section 2. That the Tax Rebate Agreement by and between the City of Dubuque, and the RESOLUTION NO. 466-03 Cooper Development Company attached hereto APPROVING AN APPLICATION FOR is hereby approved. PROPERTY TAX REBATES FOR THE Section 3. That the Mayor and City Clerk are RENOVATION OF CERTAIN HISTORIC hereby authorized to execute, on behalf of the STRUCTURES AND APPROVING A TAX City of Dubuque, Iowa, said Property Tax REBATE AGREEMENT WITH COOPER Rebate Agreement in substantially the form DEVELOPMENT COMPANY attached hereto, but with such changes as they, Whereas, the City Council, after public with the assistance of the Corporation Counsel, hearing, duly adopted an Urban Renewal Plan find to be appropriate, their execution thereof to (the Plan) for the Downtown Dubuque Urban constitute this City Council's approval of said Renewal District (the District); and Property Tax Rebate Agreement. Whereas, said Plan provides that the City may Passed, approved and adopted this 17th day undertake special financing activities, including of November 2003. loans or grants to private developers, to meet Terrance M. Duggan, Mayor the objectives of the Plan and to encourage the Attest: Jeanne F. Schneider, City Clerk development of the District; and Markham moved adoption of the Resolution. Whereas, the City Council has determined, Seconded by Connors. Motion carried 7-0. after consultation with the City of Dubuque Historic Preservation Commission, that the Authorization of a Loan Agreement and substantial renovation of the Town Clock Issuance of Not to Exceed $15,000,000 General Building property, legally described as City Lot Fund Capital Loan Notes: Proof of publication 78 (except for the southerly 3 inches thereof) in on notice of hearing to conduct a discussion the City of Dubuque, Iowa has been completed meeting and public hearing on the authorization in accordance with Secretary of Interior’s of a Loan Agreement and the issuance of not to Standards for the treatment of Historic exceed $15,000,000 General Fund Capital Loan properties, and that the Cooper Development Notes of the City of Dubuque, Iowa, presented Company is qualified under Iowa Code Section and read. Cline moved that the proof be 15A.1 to receive such loan or assistance for the received and filed. Seconded by Nicholson. expansion and the renovation of the Cooper Motion carried 7-0. No one spoke. Wagon Works Building in the District; and Whereas, it is expected that the aggregate Markham moved to reinstate the rules limiting amount of the Tax Increment Revenue discussion to the Council. Seconded by obligations will be $93,000 more or less due to Connors. Motion carried 7-0. assessment increases and/or tax rate ACTION ITEMS adjustments; and Whereas, pursuant to published notice, the City Council has held a public hearing on the 382 Regular Session, November 17, 2003 America’s Crown Communities: City Manager Lot 39 in the City of Dubuque, Iowa, according advising that the City of Dubuque has been to the United States Commissioner’s Map named one of America’s Crown Communities for thereof; and 2003 for the America’s River project and Lot 40 in the City of Dubuque, Iowa, according improvements in the Port of Dubuque, presented to the United States Commissioner’s Map and read. Nicholson moved that the thereof; and communication be received and filed. City Lot 40A in the City of Dubuque, Dubuque Seconded by Connors. Motion carried 7-0. County, Iowa , according to the United States Council discussed the possibility of attending the Commissioner’s Map of the Town (now City) of presentation of the award at the upcoming Dubuque, Iowa; and National League of Cities meeting. Lots 42, 42A and the south 8 feet of Lot 41, in the City of Dubuque, Iowa, according to the Dubuque Area Chamber of Commerce – United States Commissioner’s Map of the Town Convention & Visitors Bureau Report: Sue of Dubuque, Iowa; and Czeshinski, Convention and Visitors Bureau, to The North 43.2 feet of Lot 41in the City of make verbal quarterly progress report, Dubuque, Iowa, according to the United States presented and read. Cline moved that the report Commissioners Map thereof. be received and filed. Seconded by Connors. Whereas, this housing project will contain 30 Motion carried 7-0. units; Ms. Czeshinski spoke outlining the positive Whereas, the units will be targeted to family forecast and named many scheduled mixed income; conventions. Whereas, the project will be acquisition and rehabilitation; Police Department Towing Contract: City Whereas, the project will have the following Manager recommending approval of the Towing amenities: Checklist and Request for Proposals for the Green space Police Department Towing Contract for use in Community room seeking proposals for the 2003 – 2006 City of Computer room Dubuque Towing Contract, presented and read. Whereas, The Sponsor has requested local Jules Wenzel, spoke questioning some of the assistance through a tax abatement; specifics of the contract. Cline questioned some NOW, THEREFORE, BE IT RESOLVED BY of the specifics of the RFP’s. THE CITY COUNCIL OF THE CITY OF Nicholson moved that the communication, DUBUQUE, IOWA: checklist and RFP be received and filed and Section 1. The City supports the application of approved. Seconded by Connors. Motion Gronen Properties for Affordable Housing Tax carried 7-0. Credits, subject to necessary public hearings and building permits. Affordable Housing Tax Credit Application Section 2. This resolution shall remain from Gronen Properties: City Manager effective until 1 July 04. In the event that any of recommending adoption of two resolutions the above-listed characteristics should materially required by the Iowa Finance Authority as part of change prior to the issuance of a building permit, the application for Affordable Housing Tax this resolution shall be null and void. Credits from Gronen Properties for development Passed, approved and adopted this 17th day th of affordable housing on Main and West 11 of November, 2003. Streets and communication from Bob Felderman Terrance M. Duggan, Mayor in support of the Gronen Properties proposed Attest: Jeanne F. Schneider, CMC, City Clerk renovation projects in the 1000 block of Main Cline moved adoption of the Resolution. Street, presented and read. Cline moved that Seconded by Michalski. Motion carried 7-0. the communications be received and filed. RESOLUTION NO. 468-03 Seconded by Michalski. Motion carried 7-0. A RESOLUTION OF LOCAL CONTRIBUTING RESOLUTION NO. 467-03 EFFORT FOR THE DEVELOPMENT OF A RESOLUTION OF SUPPORT FOR THE AFFORDABLE HOUSING ON MAIN AND TH DEVELOPMENT OF AFFORDABLE HOUSING WEST 11 STREETS TH ON MAIN AND WEST 11 STREETS Whereas, the City of Dubuque, Iowa has been Whereas, the City of Dubuque, Iowa has been informed by Gronen Properties that a low informed by Gronen Properties that a low income housing tax credit application will be filed income housing tax credit application will be filed with the Iowa Finance Authority for the with the Iowa Finance Authority for the development of affordable rental housing to be development of affordable rental housing to be located in Dubuque, Iowa, at 1042, 1066, 1069, th located in Dubuque, Iowa with a legal 1086 and 1091 Main Street and at 248 West 11 description as follows: Street; and Regular Session, November 17, 2003 383 Whereas, a local contributing effort is required Paint Hazard Reduction Program forgivable by the Qualified Allocation Plan and the Iowa loan. th Code Section 16.4, to be provided by a local Passed, approved and adopted this 17 day of governmental unit or by local or regional November, 2003. agencies public or private; and Terrance M. Duggan, Mayor Whereas, the Iowa Finance Authority may Attest: Jeanne F. Schneider, CMC, City Clerk consider any type of proposed local contributing Cline moved adoption of the Resolution. effort; and the agency making the local Seconded by Michalski. Motion carried 7-0. contributing effort must indicate the value of its contribution; and Downtown Rehabilitation Loan – Gronen Whereas, the proposed affordable housing Properties: City Manager recommending project is located in the Upper Main Urban approval of a Downtown Rehabilitation Loan, at Revitalization District and it therefore eligible for two percent interest for thirty years, for the consideration for a tax abatement; and rehabilitation of six buildings on both sides of thth Whereas, the Sponsor intends to apply for tax Main Street between 10 and 11 Streets as abatement benefits provided through the Urban requested by the developer, presented and Revitalization Program in the estimated amount read. Buol moved that the communication be of $135 843; and received and filed and approved Whereas, the proposed project is located in an recommendation. Seconded by Nicholson. Enterprise Zone and is therefore eligible for Motion carried 7-0. consideration for Enterprise tax credits; and Whereas, the Sponsor intends to apply for Wynstone Subdivision – Final Plat: City Enterprise tax credits in the estimated amount of Manager recommending approval of the final $128 000; and plat for Wynstone Subdivision, which provides Whereas, the proposed project is located in for the construction of 65 single-family building the Downtown Urban Renewal District and is lots and the dedication of three new public therefore eligible for a Downtown Rehabilitation streets located off of John F. Kennedy Road Program loan; and near Eisenhower School, presented and read. Whereas, the Sponsor intends to apply for Cline moved that the communication be these funds and has received a forward received and filed. Seconded by Nicholson. commitment from the City of Dubuque in the Motion carried 7-0. amount of $300 000; and RESOLUTION NO. 469-03 Whereas, the proposed project is located in A RESOLUTION APPROVING THE FINAL the target area for the City’s Lead Paint Hazard PLAT OF LOTS 1 THRU 65, INCLUSIVE, AND Reduction Program; and LOTS A THRU F, INCLUSIVE, OF WYNSTONE Whereas, the Sponsor intends to apply for IN THE CITY OF DUBUQUE, IOWA these funds and has received a forward commitment from the City of Dubuque in the Whereas, there has been filed with the City amount of $120 000. Clerk a final plat of Lots 1 thru 66, Inclusive, and NOW, THEREFORE, BE IT RESOLVED BY Lots A thru F, Inclusive, of Wynstone in the City THE CITY COUNCIL OF THE CITY OF of Dubuque, Iowa; and DUBUQUE, IOWA: Whereas, upon said final plat appears streets Section 1. The City is supportive of the to be known as John F. Kennedy Road (Lot A), application of Gronen Properties for a tax David Drive (Lot B), David Court (Lot C), Ashley abatement for the proposed affordable housing Lane (Lot D), and Danlin Court (Lot E) together project provided through the Urban with certain public utility easements, which the Revitalization Program, subject to the owners by said final plat have dedicated to the application cycle and subsequent City Council public forever; and review and approval. Whereas, the preliminary plat has been Section 2. The City is supportive of the examined by the Zoning Advisory Commission application of Gronen Properties for Enterprise and had its approval endorsed thereon; and Zone tax credits, subject to review and approval Whereas, said final plat has been reviewed by by the Enterprise Zone Commission and the City Planner and had her approval endorsed issuance of a contract from the Iowa Department thereon, subject to the owners agreeing to the of Economic Development. conditions noted in Section 2 below; and Section 3. The City is supportive of the Whereas, said final plat has been examined by application of Gronen Properties for a Downtown the City Council and they find that it conforms to Rehabilitation Program loan, subject to the the statutes and ordinances relating to it, except availability of funds and subsequent City Council that no streets or public utilities have yet been review and approval. constructed or installed. Section 4. The City is supportive of the application of Gronen Properties for a Lead 384 Regular Session, November 17, 2003 NOW, THEREFORE, BE IT RESOLVED BY acceptable to the City Manager of the City of THE CITY COUNCIL OF THE CITY OF Dubuque, Iowa. DUBUQUE, IOWA: Section 3. Sidewalk installation shall be the Section 1. That the dedication of John F. responsibility of the owner abutting the public Kennedy Road (Lot A), David Drive (Lot B), rights-of-way, including lots with multiple David Court (Lot C), Ashley Lane (Lot D), and frontages, as required by City Code 41-161 Danlin Court (Lot E) together with the through 41-164. The responsibility shall extend easements for public utilities as they appear to all successors, heirs and assignees. upon said final plat, be and the same are hereby Sidewalk installation will not be required until the accepted; and development of the lot has been completed, Section 2. That the Final Plat of Lots 1 thru 65, except as required herein. In sparsely Inclusive, and Lots A thru F, Inclusive, of developed subdivisions, sidewalks on developed Wynstone is hereby approved and the Mayor lots will not be required until 50% of the lots and City Clerk are hereby authorized and approved by the plat have been developed. All directed to endorse the approval of the City of vacant lots shall have sidewalks installed upon Dubuque, Iowa, upon said final plat, provided development of 80% of the lots approved by the the owners of said property herein named, plat. execute their written acceptance hereto attached Section 4. The developer will maintain the agreeing: detention facility constructed as part of (a) To reduce David Drive (Lot B), David Court Wynstone until it has been fully completed and (Lot C), Ashley Lane (Lot D), and Danlin Court 80% of the sum of the platted lots in the entire (Lot E) to grade and to construct concrete curb Wynstone are fully developed and the remaining and gutter and to hard surface with asphaltic 20% of these lots have installed adequate concrete, or with concrete paving with integral erosion control measures as approved by the curb, all in accordance with the City of Dubuque City. Upon the Citys acceptance of the = standard specifications, all in a manner detention facility, the maintenance expenses acceptable to the City Engineer, in conformance incurred by the City of Dubuque for the storm with construction improvement plans approved water detention facility (Lot G) shall be assessed by the City Engineer, and inspected by the City against the lot owners of Wynstone, in equal Engineer. amounts, and the City Manager shall certify (b) To install sanitary sewer mains and sewer such costs to the City Clerk, who in turn shall service laterals into each individual lot, water promptly certify such costs to the Dubuque mains and water service laterals into each County Treasurer, and such costs shall then be individual lot, storm sewers and catch basins, collected with and in the same manner as boulevard street lighting and erosion control general property taxes in accordance with devices all in accordance with the City of provisions of law. Dubuque standard specifications, all in a Section 5. That the final acceptance of all manner acceptable to the City Engineer, and in public improvements shall occur upon accordance with construction improvement certification of the City Engineer to the City plans approved by the City Engineer, and Council that all public improvements have been inspected by the City Engineer. completed in accordance with the improvement (c) To construct a storm water detention plans and City Standards and Specifications and facility in a manner acceptable to the City accepted by City Council Resolution. Engineer, in accordance with the City of Section 6. That in the event Steelegray, Inc. Dubuque standard specifications, in accordance fails to execute the acceptance and furnish the with construction improvement plans approved guarantees provided in Section 3 hereof within by the City Engineer, and inspected by the City 180 days after the date of this Resolution, the Engineer. provisions hereof shall be null and void and the (d) To construct said improvements, prior to acceptance of the dedication and approval the two (2) years from the date of acceptance of this plat shall not be effective. th resolution, at the sole expense of the owners, or Passed, approved and adopted this 17 day of future owner; November 2003. (e) To maintain the public improvements, for a Terrance M. Duggan, Mayor period of two (2) years from the date of the Attest: Jeanne F. Schneider, City Clerk acceptance of those improvements by the City Cline moved adoption of the Resolution. of Dubuque, Iowa, at the sole expense of the Seconded by Nicholson. Motion carried 7-0. owners, or future owner; And, further provided that said Steelegray, Harvest View Estate Fourth Addition – Final Inc., as owners of said property, shall secure the Plat: City Manager recommending approval of performance of the foregoing conditions the final plat for Harvest View Estate Fourth provided in this Section by providing guarantees Addition to allow for development of twelve in such form and with such sureties as may be additional single-family lots and providing street Regular Session, November 17, 2003 385 access for the new senior housing development individual lot, storm sewers and catch basins, that was recently approved, presented and read. boulevard street lighting and erosion control Michalski moved that the communication be devices all in accordance with the City of received and filed. Seconded by Cline. Motion Dubuque standard specifications, all in a carried 7-0. manner acceptable to the City Engineer, and in accordance with construction improvement RESOLUTION NO. 470-03 plans approved by the City Engineer, and A RESOLUTION APPROVING THE FINAL inspected by the City Engineer. PLAT OF HARVEST VIEW ESTATES FOURTH (c) To construct said improvements, prior to ADDITION, IN THE CITY OF DUBUQUE, IOWA two (2) years from the date of acceptance of this Whereas, there has been filed with the City resolution, at the sole expense of the owners, or Clerk a final plat of Harvest View Estates Fourth future owner; Addition, in the City of Dubuque, Iowa; and (d) To maintain the public improvements, for a Whereas, upon said final plat appears streets period of two (2) years from the date of the to be known as Wheatland Drive (Lot A), acceptance of those improvements by the City Matthew John Drive (Lot B) and Valley Brook of Dubuque, Iowa, at the sole expense of the Drive (Lot C) together with certain public utility owners, or future owner; easements, which the owners by said final plat And, further provided that said Harvest have dedicated to the public forever; and Development Group, as owners of said property, Whereas, the preliminary plat has been shall secure the performance of the foregoing examined by the Zoning Advisory Commission conditions provided in this Section by providing and had its approval endorsed thereon; and guarantees in such form and with such sureties Whereas, said final plat has been reviewed by as may be acceptable to the City Manager of the the City Planner and had her approval endorsed City of Dubuque, Iowa. thereon, subject to the owners agreeing to the Section 3. Sidewalk installation shall be the conditions noted in Section 2 below; and responsibility of the owner abutting the public Whereas, said final plat has been examined by rights-of-way, including lots with multiple the City Council and they find that it conforms to frontages, as required by City Code 41-161 the statutes and ordinances relating to it, except through 41-164. The responsibility shall extend that no streets or public utilities have yet been to all successors, heirs and assignees. constructed or installed. Sidewalk installation will not be required until the NOW, THEREFORE, BE IT RESOLVED BY development of the lot has been completed, THE CITY COUNCIL OF THE CITY OF except as required herein. In sparsely DUBUQUE, IOWA: developed subdivisions, sidewalks on developed Section 1. That the dedication of Wheatland lots will not be required until 50% of the lots Drive (Lot A), Matthew John Drive (Lot B) and approved by the plat have been developed. All Valley Brook Drive (Lot C) together with the vacant lots shall have sidewalks installed upon easements for public utilities and storm sewer as development of 80% of the lots approved by the they appear upon said final plat, be and the plat. same are hereby accepted; and Section 4. The developer will maintain the Section 2. That the final plat of Harvest View detention facility constructed as part of Harvest Estates Fourth Addition is hereby approved and View Estates First Addition until it has been fully the Mayor and City Clerk are hereby authorized completed and 80% of the sum of the platted and directed to endorse the approval of the City lots in the entire Harvest View Estates of Dubuque, Iowa, upon said final plat, provided Subdivision are fully developed and the the owners of said property herein named, remaining 20% of these lots have installed execute their written acceptance hereto attached adequate erosion control measures as approved agreeing: by the City. Upon the Citys acceptance of the = (a) To reduce Wheatland Drive (Lot A), detention facility, the maintenance expenses Matthew John Drive (Lot B) and Valley Brook incurred by the City of Dubuque for the storm Drive (Lot C) to grade and to construct concrete water detention facility (Lot A Harvest View curb and gutter and to hard surface with Estates First Addition) shall be assessed against asphaltic concrete, or with concrete paving with the lot owners of all additions in Harvest View integral curb, all in accordance with the City of Estates as indicated in the preliminary plat, in Dubuque standard specifications, all in a equal amounts, and the City Manager shall manner acceptable to the City Engineer, in certify such costs to the City Clerk, who in turn conformance with construction improvement shall promptly certify such costs to the Dubuque plans approved by the City Engineer, and County Treasurer, and such costs shall then be inspected by the City Engineer. collected with and in the same manner as (b) To install water mains and water service general property taxes in accordance with laterals into each individual lot, sanitary sewer provisions of law. mains and sewer surface laterals into each 386 Regular Session, November 17, 2003 th Section 5. That the final acceptance of all Passed, approved and adopted this 17 day of public improvements shall occur upon November 2003. certification of the City Engineer to the City Terrance M. Duggan, Mayor Council that all public improvements have been Attest: Jeanne F. Schneider, City Clerk completed in accordance with the improvement Markham moved adoption of the Resolution. plans and City standard specifications and Seconded by Connors. Motion carried 7-0. accepted by City Council Resolution. Section 6. That in the event Harvest Ridgeway Park – Preliminary Plat: Zoning Development Group fails to execute the Advisory Commission recommending approval acceptance and furnish the guarantees provided of the preliminary plat of Ridgeway Park located in Section 3 hereof within 180 days after the in the 17000 block of John Deere Road in date of this Resolution, the provisions hereof Dubuque County as requested by Randy Hefel, shall be null and void and the acceptance of the presented and read. Cline moved that the dedication and approval the plat shall not be communication be received and filed and effective. approved the preliminary plat. Seconded by th Passed, approved and adopted this 17 day of Connors. Motion carried 7-0. November 2003. Terrance M. Duggan, Mayor Request for Proposals – Design Services for Attest: Jeanne F. Schneider, City Clerk Baseball Stadium: City Manager recommending Michalski moved adoption of the Resolution. approval of the issuance of a Request for Seconded by Cline. Motion carried 7-0. Proposals for design services for the baseball stadium, presented and read. Cline moved that Freedom Ridge Subdivision – Final Plat: City the communication be received and filed and Manager recommending approval of the final approved recommendation. Seconded by plat for Freedom Ridge Subdivision, a proposed Nicholson. Motion carried 7-0. residential development located off of Oakland Farms Road in Dubuque County, presented and Grand River Center – Artwork: City Manager read. Markham moved that the communication recommending approval of the selection of be received and filed. Seconded by Connors. artists for placement of artwork in the Grand Motion carried 7-0. River Center, presented and read. Cline moved that the communication be received and RESOLUTION NO. 471-03 filed and approved recommendation. Seconded RESOLUTION APPROVING THE FINAL PLAT by Nicholson. Motion carried 7-0. OF FREEDOM RIDGE ESTATES IN DUBUQUE COUNTY, IOWA Vendor Locations – Port of Dubuque: City Whereas, there has been filed with the City Manager recommending approval of the Clerk a final plat of Freedom Ridge Estates; and maximum amount of vendor locations at the Port Whereas, the preliminary plat has been of Dubuque and Hawthorne Street Peninsula, examined by the Zoning Advisory Commission presented and read. Nicholson moved that the and has its approval endorsed thereon, with the communication be received and filed and waiver of Article IV, Design and Improvement approved recommendation. Seconded by Standards of the Subdivision Regulations, Connors. Motion carried 7-0. except for Section 41-29; and Whereas, said final plat has been reviewed by Fiscal Year 2005 Budget Presentations: City the City Planner and had her approval endorsed Council to provide direction on staff thereon; and presentations for the upcoming Fiscal Year 2005 Whereas, said final plat has been examined by Budget sessions, presented and read. the City Council and they find that it conforms to the statutes and ordinances relating thereto. After discussion, Council, by consensus, NOW THEREFORE, BE IT RESOLVED BY recommended keeping the same format as other THE CITY COUNCIL OF THE CITY OF years, which provides an educational format for DUBUQUE, IOWA: citizens. Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards At 8:42 P.M. Michalski moved to go into of the Subdivision Regulations, except Section Closed Session re: Property Acquisition and 42-19, Lots and Blocks. Pending Litigation - Chapter 21.5(1)(c)(j) 2003 Section 2. That the final plat of Freedom Ridge Code of Iowa. Seconded by Markham. Motion Estates is hereby approved and the Mayor and carried 7-0. At 9:06 Council reconvened stating City Clerk are hereby authorized and directed to staff had been given proper direction. endorse the approval of the City of Dubuque, Iowa, upon said subdivision plat. There being no further business, Michalski moved to adjourn. Seconded by Markham. Regular Session, November 17, 2003 387 Motion carried 7-0. The meeting adjourned at 9:07 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 11/26 Approved:__________________________2004 Adopted:___________________________2004 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk