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2004 January Council Proceedings Special Session, January 5, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 5, 2004 Council met in Special Session at 5:00 P.M. in the Library Auditorium Present: Council Members Buol, Cline, Connors, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl. Absent: Mayor Duggan, Council Member Markham Mayor Pro-Tern Cline read the call and stated this is a special session of the City Council called for the purpose of discussing the Downtown Master Plan. Dave Rusk, Chair of the Downtown Planning Committee, provided a summary of the activities of the Committee and Ann Recker, Leland Consulting, explained the vanous aspects of the Downtown Master Plan and the proposed timelines. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carned 5-0. The special meeting adjourned at 6:15 P.M. 1/14 Isl Jeanne F. Schneider, CMC City Clerk Approved April 5, 2004 Adopted April 5, 2004 Terrance M. Duggan, Mayor Dan Nicholson Ann E. Michalski Patricia A. Cline John H. Markham Roy D. Buol Council Members Jeanne F. Schneider, City Clerk Regular Session, January 5, 2004 3 read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 1-04 ACCEPTING IMPROVEMENT Whereas, the contract for the National Scenic Byways Subcontract for Design and Construction of Exhibits with Scharff Weisberg Systems Integration Inc. of 36-36 33rd Street, LlC New York, 11106 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the $735,813.00 the amount equal to the amount of his contract and the final amount of retained percentage provided for therein. Passed, approved and adopted this 5th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 2-04 FINAL ESTIMATE Whereas, the contract for the National Scenic Byways subcontract for Design and Construction of Exhibits has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $735,813.00 and the said amount shall be paid by the City of Dubuque, Iowa as provided therein, and the City shall be reimbursed in the amount of 20% of said contract from the Dubuque County Historical Society and 80% of said contract amount from the National Scenic Byways grant. Passed, approved and adopted this 5th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Certified Local Government Annual Report: City Manager submitting the 2003 Certified Local Government (CLG) Annual Report for City Council's information, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion earned 7-0. Preserve America Communities Award Application: City Manager recommending approval of a Preserve America Communities 2003/2004 Award Application indicating the City's commitment to histone preservation, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion earned 7-0. RESOLUTION NO. 3-04 RESOLUTION INDICATING COMMITMENT TO HISTORIC PRESERVATION FOR PRESERVE AMERICA COMMUNITIES 2003/2004 APPLICATION Whereas, the City of Dubuque has adopted long-range goals as part of the Dubuque Comprehensive Plan for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has protected the community's histone resources for over 20 years with the establishment of the Historic Preservation Commission, adoption of the Histone Preservation Ordinance, and designation of histone districts and landmarks; and Whereas, the City of Dubuque has funded an ongoing, publicly available inventory of histone properties as well as grant and loan programs for restoration and rehabilitation of histone homes and buildings; and Whereas, the City has supported the America's River Project which promotes heritage tourism and fosters economic vitality; and Whereas, the City of Dubuque Historic Preservation Commission has endorsed the Preserve America Communities 2003/2004 Application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque is committed to the preservation of the community's historic assets. Section 2. That the Mayor is hereby authorized to sign and submit the Preserve America Communities 2003/2004 Application on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Regular Session, January 5, 2004 5 248 West 11th Street in the City of Dubuque; and Whereas, indication of City support for the requested federal assistance is favorable to the iowa Finance Authority's consideration of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque endorses and supports the application from Gronen Properties for tax credits to the Iowa Finance Authonty, for the intended project located on Main Street. Section 2. The City Manager is hereby authonzed and directed to forward this resolution to the Finance Authonty. Passed, approved and adopted this 5th day of January, 2004. Terrance M Duggan, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Request for Proposals - Remediation of Petroleum Plume in the Port of Dubuque: City Manager recommending approval of the issuance of a Request for Proposals (RFP) to solicit qualified environmental engineenng firms to design and implement a remediation plan for cleanup of a petroleum plume in the Port of Dubuque, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Rebidding of Madison Street Sanitary Sewer Extension Project: City Manager recommending approval of the rebidding of the Madison Street Sanitary Sewer Extension Project due to a typographical error in the plans and specifications, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 7-04 REJECTING ALL BIDS RECEIVED FOR THE MADISON STREET SANITARY SEWER EXTENSION PROJECT AND RE-ORDERING BIDS_FOR THE PROJECT Whereas, sealed proposals have been submitted by contractors for the Madison Street Sanitary Sewer Extension Project (the Project) pursuant to Resolution No. 497-03 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of December, 2003. Whereas, said sealed proposals were opened and read on the 18th day of December, 2003, and Whereas, the City Council has deemed it advisable to reject all bids and to re-bid the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bids for the above Project be rejected and the Manager is authonzed and instructed to return the bid deposits of all the bidders. Section 2. That the City Clerk is hereby directed to re-advertise for bids for the Project to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pnor to the receipt of said bids at 2:00 p.m. on the 13th day of January, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at the City Council meeting on the 19th of January, 2004. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. City Council Priorities - Federal Initiatives: City Manager recommending approval of the "City of Dubuque Pnorities and Requests for Federal Appropnations," which has been prepared for use during the February 4-6, 2004 trip to Washington, D.C., presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Governor Thomas Vilsack: City Manager submitting correspondence to Governor Thomas Vilsack regarding proposed state budget cuts, presented and read. Buol moved that the communication be received and filed and approved submission. Seconded by Cline. Motion carried 7-0. Mantime Secunty Act Plan for the Rivers' Edge Plaza: City Manager recommending approval of a Mantime Security Plan for the Rivers' Edge Plaza as required by the Federal Governmenfs Mantime Security Act, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Purchase of Property - 785 Gillespie Street: City Manager recommending approval of the purchase of property located at 785 Gillespie Street as part of the acquisition program associated WITh expansion of the West 32"' Street detention basin, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. Special Session, January 5, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 5, 2004 Council met in Special Session at 5:00 P.M. in the Library Auditonum Present: Council Members Buol, Cline, Connors, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl. Absent: Mayor Duggan, Council Member Markham Mayor Pro-Tern Cline read the call and stated this is a special session of the City Council called for the purpose of discussing the Downtown Master Plan. Dave Rusk, Chair of the Downtown Planning Committee, provided a summary of the activities of the Committee and Ann Recker, Leland Consulting, explained the vanous aspects of the Downtown Master Plan and the proposed timelines. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 5-0. The special meeting adjourned at 6:15 P.M. 1i14 Isl Jeanne F. Schneider, CMC City Clerk 2004 2004 Council Members 2 Regular Session, January 5, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Regular Session, January 5, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Father Robert Yogi, Professor-Emeritus of Religious Studies, Loras College. Mayor Duggan swore In Council Member At- Large Ann E. Michalski, Council Member Second Ward Roy D. Buol and Council Member Fourth Ward Patncla A. Cline. Mayor Duggan swore in Mayor Pro-Tern Daniel E. Nicholson. Proclamations: Martin Luther King, Jr. Days (January 18 and 19, 2004) received by Bill Hickson; Mentoring Month (January, 2004) received by Linda Chapman; and Mercy Year in Dubuque (2004) received by Rod Tokheim. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 12/8; Building Code Board of Appeals of 12/11; Cable TV Regulatory Commission of 12/10; Cable TV Teleprogramming Commission of 12/2; City Council of 12/15; Five Flags Commission of 11/17; Housing Code Appeals Board of 11/18; Joint City I County Planning Committee, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion earned 7-0. Carnegie Stout Public Library Board of Trustees Update, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Printed City Council Proceedings for November, 2004. presented and read. Buol moved that the proceedings be received and flied and approved as pnnted. Seconded by Cline. Motion carned 7-0. --,-- Proof of publication of City Council Proceedings of December 1, 2003, presented and read. Buol moved that the proof be received and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Paul Cesaretti for property damage; Jim Green for vehicle damage; Julie Heiderschelt for personal injury; Paul Otterbeck for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Cline. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Julie Heiderscheit for personal injury; Peter Otterbeck for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Cline. Motion carried 7-0. Corporation Counsei recommending settlement of the claim of Jim Green for vehicle damage and Paul Cesaretti for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communications be received and filed and concurred and Finance Department to issue proper checks. Seconded by Cline. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Robert Hallahan for property damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Cline. Motion earned 7-0. State Histoncal Society of iowa: Communication from the State Historical Society of Iowa advising that the State Historic Preservation Bureau will be funding the City's Certified Local Government Grant Application in the amount of $14,437.50 for Phase V of the architectural/historical survey, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Scenic Byways Grant Application: City Manager recommending acceptance of the construction contract for the National Scenic Byways Grant for Design and Construction of Exhibits for the Interpretation of the Great River Road at the National Mississippi River Museum and Aquanum Project, as completed by Scharff Weisberg Systems Integration Inc., in the final contract amount of $735,813, presented and Regular Session, January 5, 2004 3 read. Suol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 1-04 ACCEPTING IMPROVEMENT Whereas, the contract for the National Scenic Byways Subcontract for Design and Construction of Exhibits with Scharff Weisberg Systems Integration Inc. of 36-36 33rd Street, LlC New York, 11106 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the $735,813.00 the amount equal to the amount of his contract and the final amount of retained percentage provided for therein. Passed, approved and adopted this 5th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion earned 7-0. RESOLUTION NO. 2-04 FINAL ESTIMATE Whereas, the contract for the National Scenic Byways subcontract for Design and Construction of Exhibits has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $735,813.00 and the said amount shall be paid by the City of Dubuque, Iowa as provided therein, and the City shall be reimbursed in the amount of 20% of said contract from the Dubuque County Histoncal Society and 80% of said contract amount from the National Scenic Byways grant. Passed, approved and adopted this 5th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Certified Local Government Annual Report: City Manager submitting the 2003 Certified Local Government (CLG) Annual Report for City Council's information, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion earned 7-0. Preserve America Communities Award Application: City Manager recommending approval of a Preserve America Communities 2003/2004 Award Application indicating the City's commitment to historic preservation, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 3-04 RESOLUTION INDICATING COMMITMENT TO HISTORIC PRESERVATION FOR PRESERVE AMERICA COMMUNITIES 2003/2004 APPLICATION Whereas, the City of Dubuque has adopted long-range goals as part of the Dubuque Comprehensive Pian for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has protected the community's historic resources for over 20 years with the establishment of the Historic Preservation Commission, adoption of the Historic Preservation Ordinance, and designation of histone distncts and landmarks; and Whereas, the City of Dubuque has funded an ongoing, publicly available inventory of histone properties as well as grant and loan programs for restoration and rehabilitation of histone homes and buildings; and Whereas, the City has supported the America's River Project which promotes heritage tourism and fosters economic vitality; and Whereas, the City of Dubuque Historic Preservation Commission has endorsed the Preserve America Communities 2003i2004 Application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque is committed to the preservation of the community's histone assets. Section 2. That the Mayor is hereby authorized to sign and submit the Preserve America Communities 2003/2004 Application on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 4 Regular Session, January 5, 2004 Federal Government Performance and Results Act (GPRA) Annual Report: City Manager submitting the 2003 Government Performance and Results Act (GPRA) Annual Products Report to the National Parks Service (NPS), presented and read. Suol moved that the communication and report be received and filed. Seconded by Cline. Motion carried 7-0. Histone Resource Development Program Grant Application - Interpretive Signs: City Manager recommending approvai of a Historic Resource Development Program (HRDP) Grant Application for Heritage Trail Interpretive Signs, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion earned 7-0. RESOLUTION NO. 4-04 RESOLUTION AUTHORIZING GRANT APPLICATION FOR HRDP FUNDS FOR HERITAGE TRAIL INTERPRETIVE SIGNS Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan and begun construction of the Heritage Trail Riverfront System; and Whereas, the City of Dubuque has inciuded interpretive signs in the Vision Iowa projeci. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor Is hereby authorized to sign the grant application for HRDP funds to create interpretive signs for the Hentage Trail Riverfront System. Section 2. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 510 day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 5-0. Shot Tower Grant Agreement: City Manager recommending approval of a grant agreement for $1 00,000 from the Histone Sites Preservation Grant Program for Phase I of restoration of the Shot Tower, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. ~--_. . RESOLUTION NO. 5-04 RESOLUTION' AUTHORIZING AN AGREEMENT WITH THE HISTORIC SITES PRESERVATION GRANT PROGRAM FOR THE SHOT TOWER REHABILITATION Whereas, the State Historical Society of Iowa awarded a $100,000 Historic Sites Preservation Grant for rehabilitation of the Shot Tower; and Whereas, the City of Dubuque has determined that the Shot Tower is an histoncally and architecturally significant structure in need of rehabilitation; and Whereas, the rehabilitation and interpretation of the Shot Tower is included as a component of the Vision Iowa grant for the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement with the State Historical Society of Iowa for funds from the Historic Sites Preservation Grant Program to rehabilitate the Shot Tower is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign and submit the agreement for Histone Sites Preservation Grant Program funds for this project. Passed, approved and adopted this 5th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Affordable Housing Tax Credit Program Application - Gronen Properties: City Manager recommending execution of a resolution in support of an application for eqúity financing assistance for the Gronen Upper Main Revitalization Project, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion earned 7- O. RESOLUTION NO. 6-04 RESOLUTION AUTHORIZING THE CITY COUNCIL TO ENDORSE THE GRONEN PROPERTIES' APPLICATION FOR FEDERAL ASSISTANCE FOR A RENTAL HOUSING REHABILITATION PROJECT ON UPPER MAIN STREET Whereas, the federal government, through Section 42 of the Internal Revenue Code, offer incentives for rehabilitation of affordabie rental housing which is made available to low- and moderate-income househoids; and Whereas, Gronen Properties has submitted an application for affordable housing tax credits in connection with a proposed project to rehabilitate 30 rental units, located at 1042, 1066, 1069,1086 and 1091 Main Street; and at --~ Regular Session, January 5, 2004 5 248 West 11th Street in the City of Dubuque; and Whereas, indication of City support for the requested federal assistance is favorable to the Iowa Finance Authority's consideration of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque endorses and supports the application from Gronen Properties for tax credits to the Iowa Finance Authonty, for the intended project located on Main Street. Section 2. The City Manager is hereby authonzed and directed to forward this resolution to the Finance Authonty. Passed, approved and adopted this 5th day of January, 2004. Terrance M Duggan, Mayor Attest Jeanne F Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Request for Proposals - Remediation of Petroleum Plume in the Port of Dubuque: City Manager recommending approval of the issuance of a Request for Proposals (RFP) to solicit qualified environmental engineenng firms to design and implement a remediation plan for cleanup of a petroleum plume in the Port of Dubuque, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Rebidding of Madison Street Sanitary Sewer Extension Project: City Manager recommending approval of the rebidding of the Madison Street Sanitary Sewer Extension Project due to a typographical error in the plans and specifications, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 7-04 REJECTING ALL BIDS RECEIVED FOR THE MADISON STREET SANITARY SEWER EXTENSION PROJECT AND RE-ORDERING BIDS_FOR THE PROJECT Whereas, sealed proposals have been submitted by contractors for the Madison Street Sanitary Sewer Extension Project (the Project) pursuant to Resolution No. 497-03 and notice to bidders published In a newspaper published in the City of Dubuque, Iowa on the 5th day of December, 2003. Whereas, said sealed proposals were opened and read on the 18th day of December, 2003, and Whereas, the City Council has deemed IT advisable to reject all bids and to re-bid the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bids for the above Project be rejected and the Manager is authonzed and instructed to return the bid deposits of all the bidders. Section 2. That the City Clerk is hereby directed to re-advertise for bids for the Project to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pnor to the receipt of said bids at 2:00 p.m. on the 13th day of January, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at the City Council meeting on the 19th of January, 2004. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. City Council Prionties - Federal Initiatives: City Manager recommending approval of the "City of Dubuque Pnonties and Requests for Federal Appropnations," which has been prepared for use during the February 4-6, 2004 trip to Washington, D.C., presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Governor Thomas Vllsack: City Manager submitting correspondence to Governor Thomas Vilsack regarding proposed state budget cuts, presented and read. Buol moved that the communication be received and filed and approved submission. Seconded by Cline. Motion carried 7-0. Maritime Secunty Act Plan for the Rivers' Edge Plaza: City Manager recommending approval of a Maritime Security Plan for the Rivers' Edge Plaza as required by the Federal Govemmenfs Maritime Secunty Act, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Purchase of Property - 785 Gillespie Street: City Manager recommending approval of the purchase of property located at 785 Gillespie Street as part of the acquisition program associated with expansion of the West 32"' Street detention basin, presented and read. Buoi moved that the communication be received and filed. Seconded by Cline. Motion earned 7- O. 6 Regular Session, January 5, 2004 RESOLUTION NO. 8-04 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 785 GILLESPIE STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owners of the first property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally descnbed property: Lot Two (2) of Widmeier Place, in the City of Dubuque, County of Dubuque, Iowa. At the cost of one hundred thirty-thousand dollars ($130000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein descnbed real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of January, 2004. Terrance M Duggan, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. McKesson Corporation Expansion Application for Financial Assistance: CITY Manager recommending approval of the submission of an application for financial assistance from the State of Iowa on behalf of McKesson Corporation, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. RESOLUTION NO. 9-04 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE STATE OF IOWA ON BEHALF OF MCKESSON CORPORATION Whereas, McKesson Corporation is proposing an expansion of its existing operations in Dubuque; and Whereas, the proposed project will contnbute to the local economy through the creation of 74 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Financial Assistance Programs were designed to assist In the economic development efforts of local junsdictions; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for financial assistance on behalf of McKesson is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 5th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Abstract of Votes: Denise Dolan, County Auditor and Commissioner of Elections, submitting the Abstract of Votes for the Baseball Stadium Election held on December 16, 2003, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion earned 7-0. Business Licenses: RESOLUTION NO. 10-04 Whereas, applications for Beer Permits have been submitted and flied to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Riverfest Special Event Riverfest Special Event 3505 Stoneman Rd CLASS "C" BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2320 Hwy 61 Iowa Oil Company lOCO Speede Shoppe+(Sunday Sale) 2150 Twin Valley Regular Session, January 5, 2004 7 TFM Co Oky Doky # 21+ (Sunday Sale) 2010 Kerper Blvd Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 11-04 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State. Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authonzed to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Phillip Love The Lounge+ (Sunday Sale) 481 Locust St Bowiing & Beyond Dubuque, Inc Bowling & Beyond+(SundayIOutdoor Sale)1860 Hawthorne Dolores Weber Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Av CLASS "B" WINE Dubuque Religious Center Dubuque Religious Center 923 Main St Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Fiscal Year 2004 Budget Amendment: City Manager recommending that a public heanng be set for January 19, 2004 to consider an amendment to the Fiscal Year 2004 budget, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 12-04 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2004 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend Its Fiscal Year 2004 budget and Whereas, Section 384.16 of the Code of Iowa stipulates that a public heanng must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk by and is hereby authorized and directed to publish notice of public heanng on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set public hearing for 1/19/04 at a meeting to commence at 3:00 P.M. in the Majestic Room, Five Flags Civic Center, 405 Main Street and that the City Clerk publish notice in the manner prescnbed by law. Seconded by Markham. Motion carried 7-0. Westbrook Subdivision Sanitary Sewer Extension - Phase I Project: City Manager recommending initiation of the bidding process for the Westbrook Subdivision Sanitary Sewer Extension - Phase I Project and that a public heanng be set for February 2, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 13-04 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Westbrook Subdivision Sanitary Sewer Extension - Phase I Project in the estimated amount of $173,918.00 are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 14-04 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Westbrook Subdivision Sanitary Sewer Extension - Phase I and Regular Session, January 5, 2004 9 inspection In the office of the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa. Section 4. That the City is authonzed and directed to submit the Amended and Restated Garfield Place Urban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment; and Section 5. That the City Clerk is directed to publish notice of a public hearing on the Amended and Restated Garfield Place Urban Revitalization Area Plan to be held on February 16, 2004 at 6:30 p.m. in the Carnegie Stout Library Auditonum, 360 West 11th Street, Dubuque, Iowa 52001; and Section 6. That the owners of record and tenants living within the proposed area will be notified by the thirtieth day pnor to the public hearing. Passed, approved and adopted this 5th day of January, 2004. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set public heanng set for 2/16/04 at a meeting to commence at 6:30 P,M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by Markham. Motion carried 7-0. Voluntary Annexation: Proof of publication on notice of heanng to consider the voluntary annexation, including non-consenting property owners, of approximately 704 acres of property west of Dubuque and communication from Douglas and Dianne Fritsch, 14238 Middle Road, regarding the proposed annexation, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. Pete Henkels, 13864 Seippel Road, spoke objecting to several acres of his property being annexed to the City of Dubuque which would prohibit him from burning the brush from his Orchard. He would prefer to be annexed to Asbury. Roseann Wilson spoke stating her acreage is next to Mr. Henkel's and objected also to annexation by the City of Dubuque. Karen Gerhart spoke objecting to the proposed annexation of their property. Bill Bahl, speaking for himself and twenty-five others affected by the proposed annexation, stated they were in favor of being annexed by the City of Dubuque. Doug Fntsch, 14238 Middle Road, spoke objecting to the annexation of his property, citing the financiai burden of connecting to the sewer. RESOLUTION NO. 17-04 RESOLUTION APPROVING APPLICATIONS FOR VOLUNTARY ANNEXATION OF TERRITORY WITH NON-CONSENTING PROPERTY OWNERS Whereas, vanous property owners have submitted written applications for voluntary annexation of approximately 643 acres to the City of Dubuque, Iowa; and Whereas, in order to avoid the creation of islands and/or to provide more uniform boundanes it is necessary in the public interest and required by Iowa Code that approximately 47 acres of land owned by vanous property owners who have not consented to the voluntary annexation of said land be included as part of the annexation territory; and Whereas, the annexation territory does include approximately 14.5 acres of Dubuque County nght-of-way for adjoining secondary roads; and Whereas, Iowa Code section 368.5 allows the inclusion of County nght-of-way for adjoining secondary roads; and Whereas, the annexation territory is not subject to an existing annexation moratonum agreement; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, Iowa Code section 368.7(1) authonzes the extension of City limits in sITuations of this character by adoption of a resolution after notification and public heanng; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of Dubuque and will promote the efficient and cost effective extension of municipal services; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOVV THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the applications of the vanous property owners for voluntary annexation of approximately 643 acres of territory lying' outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibits A, Band C and legally descnbed in Exhibit D are hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That the approximately 47 acres of land within the annexation territory as descnbed in Exhibit D and owned by vanous property 10 Regular Session, January 5, 2004 owners who have not consented to the voluntary annexation of said territory to the City of Dubuque, Iowa, (as shown on Exhibits A, Band C) are hereby approved for annexation to the City of Dubuque, Iowa to avoid the creation of islands andior to create more uniform boundaries. Section 3. That the approximately 14.5 acres of County-owned road right-of-way to the centeriine of adjoining secondary roads that currently lie outside a city as shown on Exhibits A, Band C and legally described in Exhibit Dare hereby approved for annexation to the City of Dubuque, Iowa. Section 4. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 704 acres of annexation terntory as shown on Exhibits -A, Band C and legally described in Exhibit D. Section 5. That, subject to the approval of the City Development Board's approval of the annexation, the City Council of Dubuque, Iowa, does hereby provide for the transition of the imposition of City taxes against certain property within the annexation territory as listed in Exhibit E in accordance with the approved annexation agreement with the owners of said property, in accordance with the tax exemption schedule provided under Iowa Code section 472B.3, subsections 1 through 5, for the levy and collection of taxes as follows: 1. For the first year, seventy five percent (75%). 2. For the second year, sixty percent (60%). 3. For the third year, forty-five percent (45%). 4. For the fourth year, thirty percent (30%). 5. For the fifth year,fifleen percent (15%). Section 6. That the City Council of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code, as amended, pertaining to voluntary annexation of territory with non-consenting property owners within an urbanized area of another city. Section 7. That if City Development Board approves this annexation, the terntory hereby annexed shalt become a part of the Fifth Precinct of the First Ward of the City of Dubuque, Iowa. Section 8. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the iowa Code. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. - ,--=----- Southfork Interceptor Sewer Phase IV Connection Charge: Proof of publication on notice of heanng and notice to property owners to consider establishing the sanitary sewer connection fees for the Southfork Interceptor Sewer at $478.86 per acre and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Establishing a schedule of sewer connection fees for the connection of property to the Southfork Interceptor Sewer Phase IV, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 1-04 AN ORDINANCE ESTABLISHING A SCHE- DULE OF SEWER CONNECTION FEES FOR THE CONNECTION OF PROPERTY TO THE SOUTHFORK INTERCEPTOR SEWER PHASE IV Whereas, after full consideration of the schedule of sanitary connection fees proposed to be made for the Southfork Interceptor Sewer Phase IV, which scheduie of connection fees was filed in the office of the City Clerk on the 261h day of November, 2003; and Whereas, the City Council has determined that the amounts shown on said schedule are proper and are in proportion to the benefits conferred; and Whereas, the City Council further finds that the schedule of sewer connection fees for the Southfork Interceptor Sewer Phase IV be approved and adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. There is hereby established a schedule of sewer connection fees of the Southfork Interceptor Sewer Phase IV for the connection of property to said City sewer. Section 2. Each property owner whose property will be served by connection to said City sewer shall pay a sewer connection fee to the City, as shown on the schedule of sewer connection fees attached hereto. Section 3. Such connection fee shall be due and payable when a sewer connection application is filed with the City. All fees collected under this Ordinance shall be paid to the City Treasurer. Section 4. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recording in the office of the Dubuque County Recorder. Passed, approved and adopted this 51h day of January, 2004. IslTerrance M. Duggan, Mayor Attest: islJeanne F. Schneider, CMC, City Clerk -~- --- Regular Session, January 5, 2004 11 Published officially in the Telegraph Herald Newspaper the 9th day of January, 2004. IslJeanne F. Schneider, CMC, City Clerk 1t 1/9 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be.finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion earned 7-0. Pre-Disaster Mitigation Plan: Proof of publication on notice of heanng to consider approval of the City of Dubuque's Pre-Disaster Mitigation Plan, presented and read. Cline moved that the proof be received and flied. Seconded by Nicholson. Motion carned 7-0. RESOLUTION NO. 18-04 RESOLUTION APPROVING AND ADOPTING THE DUBUQUE PRE-DISASTER MITIGATION PLAN WHEREAS, the Dubuque Pre-Disaster Mitigation Plan was presented to the Dubuque City Council on January 5, 2004; and WHEREAS, the Dubuque Pre-Disaster Mitigation Plan was prepared in compliance with the Pre-Disaster Mitigation Planning Requirements of the Pre-Disaster Mitigation Act of 2000 provided by the iowa Homeland Secunty and Emergency Management Division; and WHEREAS, the Dubuque Pre-Disaster Mitigation Plan identifies the City's potential hazards in the community; and WHEREAS, the Dubuque Pre-Disaster Mitigation Plan includes a profile of hazard events, a vulnerability assessment, evaluation of mitigation goais and a plan maintenance process. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Dubuque does hereby approve and adopt the Dubuque Pre- Disaster Mitigation Plan this 5th day of January, 2004. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Mary Ransdell v. City of Dubuque: Proof of publication on notice of hearing to consider disposing of City interest in Lot 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Dubuque County, Iowa pursuant to a Settlement Agreement with Mary Ransdell, presented and read. Cline moved that the proof be received and filed. Seconded by Nicholson. Motion earned 7-0. RESOLUTION NO. 19-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF ARBOR ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published In the City of DubUque, Iowa on this 19th day of December, 2003, the City Council of the City of Dubuque, Iowa met on the 5th day of January, 2004, at 6:30 p.m. in the Public Library AudITorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate descnbed as: Lot 1A of Arbor Estates in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, lowä overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property descnbed as Lot 1A of Arbor Estates In the City of Dubuque, Iowa to SGT Investments, LLC. be and the same is hereby approved for the sum of $3,135.00, plus the cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repainng, owning, operating, and maintaining watermain as may be authonzed by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of Arbor Estates. Section 3. That the Mayor be authonzed and directed to execute a Quit Claim Deed, and the City Clerk be and Is hereby authorized and directed to deliver said deed of conveyance to SGT Investments, LLC. upon receipt of the purchase pnce in full. Section 4. That the City Clerk be and is hereby authonzed and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion earned 7-0. Vacating Petition - Portion of West 32'" Street at John F. Kennedy Road: Proof of publication on notice of heanng to consider a request from Steven and Judy Selchert for the vacating and 12 Regular Session, January 5, 2004 disposal of a portion of West 32" Street at John F. Kennedy Road, presented and read. Markham moved that the proof of publication be received and filed. Seconded by Cline. Motion carried 7-0. Ray Taylor, 10880 River Vista Dr., spoke objecting to sale of this property. RESOLUTION NO. 20-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF ARBOR ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of heanng, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 19th day of December, 2003, the City Council of the City of Dubuque, Iowa met on the 5th day of January, 2004, at 6:30 p.m. in the Public Library Auditonum, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate descnbed as: Lot 1 A of Arbor Estates in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property descnbed as Lot 1A of Arbor Estates in the City of Dubuque, Iowa to SGT Investments, LLC. be and the same is hereby approved for the sum of $3, 135.00, plus the cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining watermain as may be authonzed by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of Arbor Estates. Section 3. That the Mayor be authonzed and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authonzed and directed to deliver said deed of conveyance to SGT Investments, LLC. upon receipt of the purchase price in full. Section 4. That the City Clerk be and Is hereby authonzed and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor ,.,,------ Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Request to Address the Council: Ray Taylor, 10880 Rio Vista Dnve, requesting to address the City Council regarding stoplights on the Northwest Artenal, presented and read. Mr. Taylor spoke objecting to installation of more stop lights on the NW Arterial. Michalski moved to receive and file Mr. Taylor's comments. Seconded by Nicholson. Motion earned 7-0. Greater Dubuque Development Corporation: Rick Dickinson, Director of the Greater Dubuque Development Corporation, gave a verbal quarterly report. Nicholson moved that the report be received and filed. Seconded by Connors. Motion carried 7-0. Highway 52 South - Request to Rezone (First Reading on 12/15/03): An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter descnbed property located southeast of Highway 61/151 and Highway 52 intersection from C-3 General Commercial District to MHI Modified Heavy Industnal District, with conditions, presented and read. Communication from Gary Cavanaugh, 9250 Bellevue Heights, expressing concerns with the rezoning and submitting information on diesel exhaust; Communications in opposition to the proposed rezoning; Communication from Bnan J. Kane, representing Apex Concrete, LLC, in partial response to inquiries regarding the rezoning; Dan Mueller submitting information from the Iowa Department of Transportation regarding Entrance Permit #31-2003-13 to construct a single Type "B" entrance along US 52 within the City of Dubuque, presented and read. An additional communication from IDOT was submitted giving more information as to the construction feasibility of an additional turn lane for slow-moving traffic. Council voiced concerns about additional traffic problems with the addition of slow moving concrete trucks entering and exiting the Apex Concrete Plant. Buol moved to amend the Ordinance to make it an additional condition of the rezoning that an additional traffic lane be added to Highway 52 by the developer and, as stated in Paragraph #1 of the Iowa Department of Transportation letter dated January 5, 2004, that the final design of --,-- .--.--~ Regular Session, January 5, 2004 the intersection be submitted to IDOT for further review and approval. Seconded by Markham. Motion carried 7-0. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance, as amended. Seconded by Markham. Motion failed due to lack of % vote: Yeas-Buol, Duggan, Markham, Nicholson. Nays-Cline, Connors, Michalski. Buol moved that this be considered the second reading of the Ordinance, as amended. Seconded by Markham. Motion carried 7-0. Request for Proposals for Private Management of the Five Flags Center: City Manager recommending approval of the' Issuance of a Request for Proposals for pnvate management of the Five Flags Center, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-D. Building PermIT Moratonum - Bee Branch Creek Restoration Alignment Study: City Manager recommending approval of a building permIT moratonum through May 29, 2004 for property located in the Bee Branch Creek Restoration Alignment Study area, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance mending Chapter 11 Buildings and Building Regulations of the City of Dubuque Code of Ordinances by adding a new Section 11-58.5 Establishing a Moratonum on the Issuance of Building Permits for Commercial and New Residential Construction in the Bee Branch Creek Restoration Alignment Study Area, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 2-04 AN ORDINANCE AMENDING CHAPTER 11 BUILDINGS AND BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 11-58.5 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COMMERCIAL AND NEW RESIDENTIAL CONSTRUCTION IN THE BEE BRANCH CREEK RESTORATION ALIGNMENT STUDY AREA Whereas, the City Council of the City of Dubuque, Iowa has directed the Bee Branch 13 Citizen Advisory Committee to determine an alignment for the proposed Bee Branch Restoration Project in the City of Dubuque between 24th Street and the 16th Street Detention Basin, which will include the acquisition of property necessary for said project; and Whereas, the Engineering Division has requested that the City Council adopt a moratorium on the issuance of building permits In the study area while the Committee determines the alignment for said Project; and Whereas, the City Council believes that it is in the best interest of the City and its citizens to minimize the inconvenience and disruption to property owners in the study area and to minimize property acquisition costs for the construction of the Bee Branch Restoration Project and that a moratorium for the study area should be adopted. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 Buildings and Building Regulations of the City of Dubuque Code of Ordinances is hereby amended by adding the following new Section 11-58.5: Section 11-58.5 Moratorium - for work in the Bee Branch Creek Restoration Alignment Study area. The Building Official shall not issue any permIT for the substantial enlargement, alteration, remodeling of or any new commercial construction or for any new residential construction, but not including demolition, without the approval of the City Council in the Bee Branch Creek Restoration Alignment Study area as shown on the map on file in the office of the City Clerk, 50 W. 13th Street, Dubuque, Iowa, dunng the penod from the date of publication of this ordinance through May 29, 2004, except where a vested nght to the issuance of such permit accrued pnor to December 19, 2003. Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 9th day of January, 2004. Jeanne F. Schneider, CMC, City Clerk 11 1/9 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. 14 Regular Session, January 5, 2004 1t 1/14 Dubuque Greyhound Park Expansion: Communication from the Dubuque Racing Association requesting City Council support of the proposed Dubuque Greyhound Park and Casino Facility Expansion project and City Manager recommending that the City Council support the Dubuque Greyhound Park and Casino Expansion Project and to submit a Letter of Support to the Iowa Racing and Gaming Commission, presented and read. Nicholson moved that the communications be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. City Council Appointments: Communication from Operation: New View requesting appointment of the City's designees to their Board for calendar year 2004 (currentiy Council Members Patricia Cline and Joyce Connors) and communication from Rick Dickinson, Greater Dubuque Development Corporation, requesting appointment of a City Council representative to the River Valley Initiative Foundation Board of Directors, presented and read. Michalski moved that Cline and Connors be reappointed to the Operation: New View Board. Seconded by Nicholson. Motion carried 7-0. Michalski moved that Buol be appointed to the River Valley InITiative Foundation Board of Directors. Seconded by Nicholson. Motion carried 7-0. Mayor and City Council appointments to vanous Boards and Commissions, presented and read. Michalski moved that the appointments continue as at present. Seconded by Nichoison. Motion carried 7-0. COUNCIL MEMBER REPORTS Nicholson requested City Council support of his appointment to the . Iowa League of Cities Board and upon consensus Council gave support. At 7:58 P.M. Michalski moved to go into Closed Session - Property Acquisition - Chapter 21.5(1)fj) 2003 Code of Iowa. Seconded by Nicholson. Motion carried 7-0. At 8:12 P.M. Council reconvened stating staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion earned 7-0. The meeting adjourned at 8:13 P.M. Isl Jeanne F. Schneider, CMC City Clerk 2004 2004 - . w Regular Session, January 19, 2004 15 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 19, 2004 Council Met in Reguiar Session at 3:00 P.M. in the Five Flags Civic Center - Orpheum Room Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Tom Mason, Captain of the Salvation Army. CONSENT ITEMS Minutes and Reports Submitted: Airport of 12/8; City Council of 12/18 and 1/5; Civil Service Commission of 10/28, 11/5 and 12/4; Community Development Advisory Commission of 12/2 and 12/10; Downtown Planning Committee of 12/8; Historic Preservation Commission of 12/18; Human Rights Commission of 12/8; Zoning Advisory Commission of 117; Zoning Board of Adjustment of 12/18, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Minutes of Library Board of 7/24, 8/8, 8/28, 9/16, 9/25, 10/23, 11/20, 11/25, and 12/4, presented and read. Michalski moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proof of publication of List of Claims and Summary of Revenues for month ending November 30, 2003; Financial reports for month ending December 31,2003, presented and read. Buol moved that the proofs and financial reports be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Debra Ann Avenanus for personal injury; James K. Clark for property damage; Deborah Cue for personal Injury; Norma Furry for property damage; John Sabers for property damage; Luvem H. Stockel for property damage; TFM Company for property damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Debra Ann Avenarius for personal injury; Deborah Cue for personal injury; Allison Lott for property damage; John Sabers for property damage; Luvern Stockel for property damage; TFM Company for property damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion earned 7-0. Corporation Counsel recommending settlement of the claim of James K. Clark for property damage and directing Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and approved settlement directing the Finance Department to issue payment. Seconded by Markham. Motion carried 7-0. Citizen Communications: Communication from Mary Jungbluth regarding the mediation session between Sunnyslope property owners and QHQ Properties, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Sister Margaret Ann Willging submitting proposals for City Council consideration, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. LeClere Agreement: City Manager recommending approval of an agreement with Thomas and Rebecca LeClere, 1195 Thomas Place, for the instaliation of sanitary sewer service to their home, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Secretary of the Dubuque Metropolitan Area Solid Waste Agency, submitting the Agency's tipping fees for Fiscal Year 2005 along with a summary of the Fiscal Year 2005 budget, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. Request to Demolish: Histone Preservation Commission recommending approval of a request from the City of Dubuque to demolish a one-story concrete addition to the Star Brewery 16 Regular Session, January 19, 2004 Building, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. WhITe Water Creek Bndge; City Manager recommending approval of a Histone Resource Development Program (HRDP) grant application for relocation of the histone WhITe Water Creek Bridge, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion earned 7-0. RESOLUTION NO. 21-04 RESOLUTION AUTHORIZING GRANT APPLICATION FOR HRDP FUNDS FOR RELOCATION OF THE HISTORIC WHITE WATER CREEK BRIDGE Whereas, the State Histoncal Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and Interpretation of Iowa's histone and cultural resources; and Whereas, the City of Dubuque has an adopted Comprehensive Plan with goals and objectives for the preservation and interpretation of the community's historic and cultural resources; and Whereas, the City of Dubuque has signed a Memorandum of Agreement with the Federal Highway Administration, State Historic Preservation Office, and Dubuque County and an Intergovernmental Agreement between the State Historic Preservation Office and Dubuque County that set forth the terms and conditions of the relocation of the histone White Water Creek Bridge. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Planning Services Manager is hereby authorized to sign the grant application for HRDP funds for the relocation of the histone White Water Creek Bridge. Section 2. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Eagle Food Centers, Inc.: Notice of hearing in the United States Bankruptcy Court to consider approval of the disclosure statement of Eagle Food Centers, Inc. and four of its subsidiaries and affiliates, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion earned 7-0. Urban Transit Contracts: City Manager recommending approval of Urban Transit Contracts with Area Residential Care, Mt. Saint Francis, and Sunnycrest Manor, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Four Mounds Foundation; Chnstine Happ Olson, Executive Director - Four Mounds Foundation, requesting that the City sign an owner consent form for a grant application to the State Historical Society of Iowa for funding to restore the structurally damaged Porte Cochere at the historic Grey House at Four Mounds, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Markham. Motion earned 7-0. Designation of Fiscal Officers: City Manager recommending approval of the designation of Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. RESOLUTION NO. 22-04 RESOLUTION AUTHORIZING CERTAIN CITY OF DUBUQUE FINANCE DEPARTMENT EMPLOYEES TO OBTAIN BANK ACCOUNT INFORMATION AND MAKE TRANSFERS BETWEEN CITY OF DUBUQUE BANK ACCOUNTS WITHIN A BANKING INSTITUTION Whereas, the City of Dubuque maintains accounts with local banking institutions; and Whereas, the banking institutions require authonzation by the City Council for City employees other than those designated on account signature cards to obtain bank account information and transfer funds between City accounts at that institution; and Whereas, the City Council has determined that the City employees who may obtain bank account information and transfer funds between accounts within a banking institution are the Finance Department Account Clerks, Cheryl L. Steckel, and Melissa J. McGinnis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Finance Department's Account Clerks, Cheryl L. Steckel, and Melissa J. McGinnis, are hereby authonzed to obtain bank account information on all City of Dubuque accounts and to transfer funds between the City's accounts within a banking institution. -,--,--- -"--- Regular Session, January 19, 2004 17 Transfers shall be authonzed via telephone or written request. Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion earned 7-0. Authonzed Depository Institutions: City Manager recommending approval of adding State Central Bank as an authorized depository institution for the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 23-04 RESOLUTION AUTHORIZING CERTAIN CITY OF DUBUQUE FINANCE DEPARTMENT EMPLOYEES TO OBTAIN BANK ACCOUNT INFORMATION AND MAKE TRANSFERS BETWEEN CITY OF DUBUQUE BANK ACCOUNTS WITHIN A BANKING INSTITUTION Whereas, Chapter 12C.2 of the 2003 Code of Iowa states that the approval of a financial institution as a depository shall be by wntten resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository; and Whereas, This procedure Is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institutions are approved to be depositones of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2003 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposIT City of Dubuque,lowa funds in amount not to exceed the maximum approved for each respective financial institution as set out below. Deposltorv Name Location of Home Office Maximum Balance Amencan Trust & Savings Bank Dubuque, IA $40,000,000 Dubuque Bank & Trust Company Dubuque, fA $40,000,000 Minneapolis, MN $20,000,000 Deacon Community CredIT Union Dubuque, IA $20,000,000 Dubuque, IA U.S. Bank Premier Bank $20,000,000 East Dubuque Savings Bank, East Dubuque, IL $20,000,000 Des Moines, Iowa $20,000,000 Keokuk, Iowa $20,000,000 Passed, approved and adopted this 19th day of January, 2004. Liberty Bank State Central Bank Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Shepherd Company - CEBA Contract: City Manager recommending approval to execute a $100,000 Community Economic Betterment Account (CEBA) loan agreement to support Shepherd Company's relocation to downtown Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 24-04 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR ONE HUNDRED THOUSAND DOLLARS ($100,000) WITH SHEPHERD INCORPORATED. Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local junsdictlons; and Whereas, on October 16, 2003, the City of Dubuque, Iowa was awarded a one hundred thousand dollar ($100,000) loaniforgivable loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Shepherd Incorporated in its efforts to locate its operations in Dubuque and create new, permanent employment opportunities for local cITizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed by and among the Iowa Department of Economic Development, Shepherd Incorporated and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Shepherd Incorporated from the CEBA program 18 Regular Session, January 19, 2004 in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Lead Based Paint Hazard Abatement Program and Housing Trust Program: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Community Development Block Grant (CDBG) Funds for the Lead Paint Hazard Abatement Program and Housing Trust Fund Program, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 25-04 A RESOLUTION AUTHORIZING PUBLICA- TION OF A NOTICE OF INTENT TO REQUEST RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE LEAD PAINT HAZARD ABATEMENT AND HOUSING TRUST PROGRAMS. Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2003, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for Lead Paint Hazard Abatement program and Housing Trust program to be financed with Community Development Block Grant funds; and Whereas, based on said environmental review, the Housing and Community Development Department has determined that the Lead Paint Hazard Abatement program and Housing Trust Program are categorically excluded under HUD regulations at 24 CFR Part 58 from the National Environmental Policy Act requirements; and Whereas, a Notice of Intent to Request Release of Funds for said programs will be published in a newspaper of general circulation; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authonzed and directed to publish a Notice of Intent to Request Release of Community Development Block Grant Funds for the Lead Paint Hazard Abatement and Housing Trust Programs and to make the Environmental Review Record for said programs available for public inspection and comment until 5:00 p.m. on February 2, 2004. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Housing and Community Development Department, 1805 Central, and Health Services, 300 Main, Dubuque, Iowa where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authonzed to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Deveiopment responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque Is hereby authorized to consent In his official capacity as Mayor and on behalf of the City of Dubuque, to accept the junsdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 19th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) acknowledging receipt of the second amendment to the City's Community Development Block Grant Annual Action Plan, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. -- ---~ - -~---" -_.~._---~ Regular Session, January 19, 2004 19 Business License Refund: Request from Marvin Rapp, Cue Master Billiards, for a refund of his cigarette license in the amount of $50.00, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 26-04 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER UAW Local 94 United Automobile Workers # 94 (Sunday Sale) 3450 Central CLASS "C" BEER PERMIT Awn Stop Mart, Inc Awn Stop Mart+ (Sunday Sale) 1998 Jackson Dubuque Discount Gas Dubuque Discount Gas+(Sunday Sale) 2175 Central IA Potatoe & Produce Hs Iowa Potatoe & Produce House+(Sunday Sale) 2600 Dodge Hy-Vee Inc. Hy-Vee # 2+ (Sunday Sale) 4800 Asbury Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 27-04 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply WITh the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the foilowing named applicants a Liquor License. CLASS "B" WINE Hy-Vee Inc. Hy-Vee # 2 4800 Asbury Rd Passed, approved and adopted this 1 glh day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING The following item was pulled from the Agenda: Old Mill Road Property - Lease Agreement: City Manager recommending that a public hearing be set for February 16, 2004, to consider a lease agreement with David Hartig for four properties on Old Mill Road which the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must remain open green space as a condITion of the HMGP program and a Resolution Establishing a public hearing for the disposITion of Old Mill Road property. Fiscal Year 2005 Annual Action Plan: City Manager recommending that a public hearing be set for February 24, 2004 to consider approval of the proposed Fiscal Year 2005 Annual Action Plan, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 28-04 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROGRAM YEAR 2004 (FISCAL YEAR 2005) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Program Year 2004 (Fiscal Year 2005) Community Development Block Grant Annual Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Program Year 2004 (Fiscal Year 2005) CDBG Annual Plan will be available for public comment for 30 days pnor to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Carnegie Stout Public Library AudITorium, 360 West 11th Street, Dubuque, Iowa at 6:30 p.m. on February 24, 2004 for the purpose of holding a public heanng and taking final action on the Program Year 2004 (Fiscal Year 2005) Community Development Block Grant Annual Plan. Regular Session, January 19, 2004 21 LAdopted, without amendment, and all objections filed or made having been duly considered are overruled. _Adopted as amended by the Schedule of Assessments attached hereto as ExhibIT A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. _Deferred for later consideration to a City Council meeting to be held on the - day of , 2004, next at 6:30 p.m. in the Public Library Auditonum, with junsdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion earned 7-0. Kivlahan Farms LC - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property on Bittersweet Lane (north of John F. Kennedy Road and West 32" Street) from R-3 Moderate Density Multi-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential designation as requested by Kivlahan Farms LC and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion earned 7-0. John Kivlahan spoke in favor of the passage of the proposed Ordinance. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafier described property located west of Honeysuckle Lane from R-3 Moderate Density Multi-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development Plan with conditions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 3-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED WEST OF HONEYSUCKLE LANE FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending by reclassifying the hereinafter descnbed property from R-3 Moderate Density Multi-Family Residential District to PUD Planned Untl Deveiopment District with a PR Planned Residential Distnct designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as: As shown in Exhibit 1 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Requlations. The following regulations shall apply to all uses made of land in the above-descnbed PUD Distnct: 1) Principal permitted uses shall be limited to 12 two-unit residential buildings. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Reoulations. Development of land in the PUD District shall be regulated as follows: 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 30 feet. C. Performance Standards. The development and maintenance of uses in this PUD Distnct shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Adequate erosion control shall be provided during all phases of construction. 2) Off-street parking shall be provided as shown on the approved conceptual plan. 3) Storm water control facilities will be installed as per City Engineering requirements. 4) The conceptual plan shall serve as the preliminary plat for this PUD Distnct. Final subdivision plats and improvement plans shall be submitted in accordance with Chapter 42 of the City of Dubuque Code of Ordinances. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the 22 Regular Session, January 19, 2004 Zoning Ordinance pnor to construction of any buildings. D. Open Space and Recreational Areas Open space and landscaping in the PUD Distnct shail be regulated as foilows: Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner andlor association. E. Siqn Requlations. Signs in the PUD District shail be regulated in accordance with the R-3 sign regulations of the Zoning Ordinance. F. Transfer of Ownershio. Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the distnct. G. Reclassification of Subiect Propertv. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-3 Moderate Density Multi-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. H. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reciassification proceedings of Section 6 of the Zoning Ordinance. I. Recordinq. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and hislher heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 1 gth day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Acceptance of Ordinance No. 3-04 We, John and Dons Kiviahan, representing Kivlahan Farms, loC., having read the terms and conditions of the foregoing Ordinance No. 3-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 19th day of January 2004. Isl John Klviahan isi Doris Kivlahan <'_.".,~ Published officially in the Telegraph Herald newspaper this 26th day of January, 2004. Jeanne F. Schneider, City Clerk 11 1/26 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion earned 7-0. Radford Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property in the 1700 block of Radford Road from AG Agricultural District to C-3 General Commercial District as requested by Steve Schueller and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Connors. Motion carried 7-0. Steve Schueller spoke in support of the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter descnbed property located in the 1700 block of Radford Road from AG Agncultural District to C- 3 General Commercial Distnct, with conditions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 4-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 1700 BLOCK OF RADFORD ROAD FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-descnbed property from AG Agncultural District to C-3 General Commercial District, with conditions, to wit: Lot 2 of Lot 2 - balance of balance of Lot 1 Block 11 North Range Industrial Park, and to the centerline of the adjoining public nght-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. -" Regular Session, January 19, 2004 23 Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1 gth day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Memorandum of Agreement Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property shown in Exhibit A and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa; and Which is the subject of Ordinance No. 004-04, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs. which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject: 1) That any vehicle with a salvage title be stored in a building. B) Reclassification of the Subiect Prooertv. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-3 General Commercial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shan be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordino. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 17-04. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and hislher heirs, successor and assignees. Acceptance of Ordinance No. 4-04 I, Steve Schueller, property owner, having read the terms and conditions of the foregoing Ordinance No. 4-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 19th day of January 2004. IsJ Steve Schueller Published officially in the Telegraph Herald newspaper this 26th day of January, 2004. Jeanne F. Schneider, City Clerk 1t 1/26 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Fiscal Year 2004 Budget Amendment: Proof of publication on notice of heanng to consider an amendment to the Fiscal Year 2004 budget and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. 24 Regular Session, January 19, 2004 RESOLUTION No. 32-04 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE ". 2004 ,AS AMENDED LAST ON 9/2/03 .) Bc" Rosol""" by'" Coooo" of... Cily of D""UOOE Sectiuo1. Fo"",,",oootiœ.oblobed 1/9/04 ,,'tho pob'" hc"'",, hold. 1/19/04 1he,"="'bo'gc'(~p'c"o",I,'mcmled)'s'me"c'~"'o", hCÆ" ,,", 'hc ,."" by too' ~pe ,," "'""~ th"..P""' tho ,",o'otlo,wh"" WOo po"",,ed "th,!,heoh'" ""'"""&O<""F',,",,",....- '_"""00'- ~~.""-""".",_......,- _C"~"""'_T """'00"_"""- "'-,~ OI"o"~,- 'œ~&"'~~ "~"M..,_,_"", , -~, ,"."~"""",,, s_,"'"""""'" -..... OI".F;~oo' "',~ -,,~~_o,,"-,'" Eo,."""",&0"""""""""6 ","" ""Wo~ ~"o"'-"""'" c,,~.."'.""""oo Co"""'oo'E-m""'~"~. c"'"". _..0. So"" ....."...... ,----""" """""""""""'" '~"""m '-"""A"","""'~"'"""""",, T,,_Om '_"""oob""""",.O.. E""'6"""""""""'-""" ,""""..........."",,~..Om """",""'_,œ,"' , S",.,F",,"'."~"""'" ~. .. ----'. ~p~S"'œ}h ""of ~.:r rYk//- 4/ ....- ""C"""';'~œOffiœ, Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Markham moved to reinstate the rules límiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Highway 52 South - Request to Rezone (Second Reading on 1/5/04): An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located southeast of Highway 611151 and Highway 52 intersection from G.3 Generai Commercial District to MHI Modified Heavy Industrial Distnct, with conditions, said Ordinance having been presented and read at the Council Meetings of 12/15/03 and 115/04, now presented for final action. OFFICIAL PUBLICATION ORDINANCE NO. 5-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTHEAST OF HIGHWAY 61/151 AND HIGHWAY 52 INTERSECTION FROM C-3 GENERAL COMMERCIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT,. WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafler-described property from C-3 General Commercial District to MHI Modified Heavy Industrial District, with conditions, as Regular Session, January 19, 2004 25 shown in Exhibit 1, and to the centerline of the adjoining public nght-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect Immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Memorandum of Agreement Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described in Exhibit 1, and to the center line of the adjoining public nght-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. 005-04, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directiy by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) The following permitted uses shall be allowed in this MHI Modified Heavy Industnal District: (a) Railroads and public or quasi-public utilities, including substations - [7] (b) General offices - [47] (c) Medicalldentallab - [8] (d) Personal services - [14] (e) Off-street parking lot - [nia] (I) Gas station - [18] (g) Bakery (wholesale/commercial) - [19] (h) Indoorrestaurant-[20] (i) Drive-inicarry-out restaurant - [28] Q) . Barltavem - [20] (k) Automated gas station - [18] (I) Service station - [21] (m)Drive-up automated bank teller - [8] (n) Self-service car wash - [8] (0) Animal hospfiaVclinic - [23] (p) Furniture upholsterylrepair- [18] (q) Business services - [29] (r) Banks, savings and loans, and credit unions-[31] , (s) Vendinglgame machines sales/service - [19] (t) Indoor recreation facilITies - [37] (u) Mail order houses - [23] (v) Lumberyardslbuilding matenals sales - [19] (w) Construction supplies, sales and service -[19] (y) Printing and publishing - [32] (z) Movinglstorage facilITies - [33] (aa) Full-service carwash - [8] (bb) Auto service centers - [34] (cc) Auto saies and services - [38] (dd) Auto repairibody shop - [35] (ee) Truck sales, service and repair - [39] (ff) Farm implement sales, service and repair -[39] (gg) Auto partsisupply - [7] (hh) Mobile home sales - [40] (ii) Motorcyclesalesiservice-[41] (jj) Boat saleslservice - [40] (kk) Recreation vehicle saleslservice - [38] (II) Vehicle rental- [47] (mm) Upholstery shop - [42] (nn) Parking structure - [n/a] (00) Contractor's shoplyard - [33 (pp) Wholesale sales/distnbutor - [29] (qq) Agncultural supply sales - [19] (rr) Laboratories for research or engineenng -[33] (ss) Manufacture or assembly of musical instruments, toys, watches or clocks, medical, dental, optical or similar scientific instruments; orthopedic or medical appliances, signs or billboard - [33]. (tt) Concrete batch mix plant- [33] [ ] Parking group - See Section 4-2 of this Ordinance. 2) Install a six (6) foot high chain link fence along the west property line from the entrance to the point where the topography drops off. 3) Plant arborvitae screening adjacent to the adjoining mobile home park. Arborvitae shall be between three (3) and four (4) feet tall at planting and be spaced four (4) feet apart. 4) That the existing left turn lane on Highway 52 be extended subject to submittal of the final plan design to the IDOT for review and approval. B) Reclassification of the Subieci Propertv. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-3 General Commercial District (which rezoning will include the removal of the performance standards In Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordino. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 005-04. E) Construction. This Agreement shall be construed and Interpreted as though it were part 26 Regular Session, January 19, 2004 of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. Acceptance of Ordinance No. 5-04 I, Dennis J. Thier, representing BARDIApex Concrete, the Buyer, having read the terms and conditions of the foregoing Ordinance No. 5-04 and being familiar with. the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 17'h day of January 2004. isl Dennis J. Thier, President BARD/Apex Concrete Acceptance of Ordinance No. 5-04 I, Dan Mueller, representing Dubuque Southgate Investments, Ltd., property owner, having read the terms and conditions of the foregoing Ordinance No. 5-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17'h day of January 2004. Isl Dan Mueller Dubuque Southgate Investments, Inc. Published officially in the Telegraph Herald newspaper this 26th day of January, 2004. Jeanne F. Schneider, City Clerk 11 1i26 Communication from the Dubuque County Board of Supervisors requesting that action on this item be tabled until the appropnate Iowa Department of Transportation studies are completed and an IDOT public hearing has been held; Copy of communication from the Dubuque County Board of Supervisors to Richard E. Kautz, Iowa Department of Transportation, requesting the Iowa Department of Transportation initiate a traffic study on Highway 151/61; Communication from Garold Williams, 11126 Hwy 52 South, regarding slow moving concrete trucks; Communication from Richard Kaufman regarding the third reading and vote on the Apex Concrete rezoning request; Communication from Richard Kautz, Iowa Department of Transportation, regarding the Highway 151/61 intersection; Communication from John M. McDonald III in opposition to the proposed rezoning, presented and read. Michalski moved to table action on this Item. Seconded by Cline. Motion failed due to following vote: Yeas-Cline, Michalski. Nays- Buol, Connors, Duggan, Markham, Nicholson. Buol moved to receive and file the communications and moved final consideration and passage of the Ordinance. Seconded by Connors. Carried by the following vote: Yeas- Buol, Connors, Duggan, Markham, Nicholson. Nays-Cline, Michalski. '---- - Carnegie Stout Public Library Annual Report: LIbrary Director Susan Henricks to present the Carnegie Stout Public Library Annual Report. Ms. Henncks spoke and presented an overview of the Library activities of the last year. Markham requested a more regular update of the Library's activities. Buol moved that the report be received and filed. Seconded by Markham. Motion carried 7-0. Police Department Towing Contract: City Manager recommending that the Fiscal Year 2003 - 2006 Towing Contract for the Dubuque Police Department be awarded to Wenzel Towing, presented and read. Buol moved that the communication be received and filed and approved recommendation to award contract to Wenzel towing. Seconded by Michalski. Motion carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Marie Steve spoke in opposition to awarding the contract to Wenzel Towing. Adams Company - General Obligation Capital Loan Note: City Manager recommending approval to purchase a $500,000 General Obligation Loan Note from American Trust and Savings Bank to assist the Adams Company with their relocation to the Dubuque Industnal Center West, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 33-04 RESOLUTION DIRECTING THE ACCEPT- ANCE OF A PROPOSAL TO PURCHASE $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa, sometimes hereinafter referred to as the City, is a municipal corporation duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and WHEREAS, it is deemed necessary that the City should enter into a Loan Agreement and borrow the amount of $500,000 as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, for the purposes of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Distnct, including those costs associated with the funding of an economic development grant to the Adams Company under the Development Agreement dated May 19, 2003 between the City and said developer; and Regular Session, January 19, 2004 27 WHEREAS, proposals have been requested and received from financial instITutions offenng to enter into such Loan Agreement; and WHEREAS, after a review of all the proposals received, it has been determined that the best and most favorable proposal is that of American Trust and Savings Bank; and WHEREAS, IT is the intention of this Council to enter into a Loan Agreement in accordance with said proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby accept the attached proposal of Amencan Trust and Savings Bank, of Dubuque, Iowa, and takes additional action to permit the entenng into of a Loan Agreement. Section 2. The Mayor and City Clerk are authonzed and directed to proceed on behalf of the City to acknowledge the acceptance of said proposal, to negotiate the final terms of a Loan Agreement, to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the City and acceptable to the Council, and to proceed to meet the conditions of this accepted proposal. Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Ridgeway Park Subdivision - Final Plat: City Manager recommending approval of the final plat of Ridgeway Park Subdivision in Dubuque County, Iowa as requested by Randy Hefel, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 34-04 RESOLUTION APPROVING THE FINAL PLAT OF RIDGEWAY PARK SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Ridgeway Park Subdivision; and Whereas, the final plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, WITh the waiver of Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots and provision of a storm water detention basin; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots, and that a storm water detention basin be constructed and maintained as part of Ridgeway Park Subdivision. Section 2. That the final plat of Ridgeway Park Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct a storm water detention facility, in accordance with improvement plans signed on December 18, 2003 approved by the City Engineer and with a Letter of Certification flied with the City Clerk of the City of Dubuque from a professional engineer stating that the detention facility was constructed in accordance with said approved plans prior to two (2) years from the date of acceptance of this resolution. b) To maintain the detention facility constructed as part of Ridgeway Park Subdivision until such time as a property owners' association is formed and is responsible for maintenance of the detention facility. Section 3. That in the event Randy Hefel fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 19th day of January 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Renaming of Aggie Street: Zoning Advisory Commission recommending that the name of Aggie Street be changed to Oak Park Place at the request of the City of Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance renaming the street currently named Aggie Street to Oak Park Place, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 6-04 AN ORDINANCE RENAMING THE STREET CURRENTLY NAMED AGGIE STREET TO OAK PARK PLACE. Whereas, the City Council desires to rename Aggie Street to correspond to the requested name of the extension of said roadway; and 28 Regular Session, January 19, 2004 Whereas, the sole property owner on the existing Aggie Street has consented to the proposed change in writing; and Whereas, the request has been reviewed by the Emergency 911 Committee; and Whereas, the City Council desires to rename the current Aggie Street as Oak Park Place. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the street currently known as Aggie Street be renamed Oak Park Place. Section 2. The foregoing street name change has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. That the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon such street name, and to fiie notice of the renaming of said street with the Recorder, Auditor and City Assessor of Dubuque County, Iowa. Passed, approved and adopted this 19th day of January, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Pubiished officially in the Telegraph Herald newspaper this 26th day of January, 2004. Jeanne F. Schneider, City Clerk 11 1/26 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Fiscal Year 2005 Budget Transmittal: City Manager presenting the Fiscal Year 2005 Annual Operating Budget and CapITal Improvement Program Budget, presented and read. City Manager Van Milligen spoke and presented specifics of the FY 2005 budget. Cline moved that the communications be received and filed. Seconded by Michalski. Motion carried 7- O. COUNCIL MEMBER REPORTS Markham complimented the City Manager for the City Manager of the Year award, which is a prestigious recognition for Dubuque. Michalski and Cline shared information about their talk to the Girl Scouts and the interesting City items and facts they shared. There being no further business, Connors moved to adjourn. Seconded by Michalski. Motion earned 7-0. The meeting adjourned at 4:46 P.M. 1t 1/28 Isl Jeanne F. Schneider, CMC City Clerk Approved: 2004 2004 Council Members ~ Q/ . W4¿/~Æ¿ (/ Ci Clerk Special Session, January 26, 2004 29 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Monday, January 26, 2004 Council met in speciai session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson; City Manager Van Milligen, Corporation Counsel Lindahl. Also present: Library Board President Tully, Board Members Shubatt, Smith, Strom, Tully, Avery, Library Director Henricks Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of meeting with the Carnegie Stout Public Library Board of Trustees. Library Director Susan Henricks and Board President Tom Tully reviewed the proposed renovation plans for the Library. The estimated cost of the project is $4.2 million and would require the addition of a minimum of 2.5 FTE for staffing. Vanous funding alternatives were discussed, including the possibility of an annual fund dnve. There was consensus by the Council that the project would need to be considered a pnonty of the City Council in order to compete with other City projects. Council also gave direction that the Library Board would need to determine what the citizens want and to build community support for the project. The City Council requested that the Library Board keep them informed of what is going on at the Library in a timely manner. The Board President responded that Council would be receiving a one-page monthly update from the Board in addition to the regular meeting minutes. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The special session adjourned at 7:33 p.m. 112/4 isl Jeanne F. Schneider, CMC City Clerk Approved: 2004 Council Members --