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2004 March Council Proceedings ~ Regular Session, March 1, 2004 69 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 1,2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Ciine, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl. Members Michalski, Milligen, 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 President Ken Daughters of Emmaus Bible College. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 1/26; Cable TV Regulatory Commission of 2/11; City Conference Board of 3/14 and 12/3/03; City Council of 2/12; 2/16, 2/19, 2/23 and 2/24; Electrical Code Board of 2/16; Environmental Stewardship Advisory Commission of 2/3; Historic Preservation Commission of 2/18; Housing Code Appeals Board of 1/20; Housing Commission of 1/27; Joint City/County Planning Committee of 2/19; Library Board of 1/22; Long Range Planning Advisory Commission of 2/18; Park and Recreation Commission of 2/10; Transit Board of 1/8, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion carried 7-0. Proofs of pubiication of City Council Proceedings of 2/2, 2/9 and 2/12 and List of Ciaims and Summary of Revenues for month ending January 31, 2004; Convention and Visitors Bureau Quarterly Report, presented and read. Buol moved that the proofs be received and filed. Seconded by Ciine. Motion carried 7- O. Notice of Claims/Suits: Margaret Cheung for personal injury/vehicle damage; Steve and Kathy Cornelius for property damage; Jasmine Leon for property damage; Jason Steiniicht for vehicle damage; Timothy Stierman, Renee Williams, Garold Williams, Gary Cavanaugh, Ruth Speck, Kevin Kelleher, Charles Plein, John Cavanaugh, and Thomas Tiemey vs. Dubuque City Council and Dubuque Southgate Development, Ltd., 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: Margaret Cheung for personal injury/vehicle damage; Daniel M. Gamer, Jr. for vehicle damage; Jason Steiniicht for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Cline. Motion carried 7-0. Corporation Counsel recommending settle- ment of the claim of DanEI' Benn for vehicle damage and Jasmine Leon for vehicle damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communications be received and filed and concurred with recommendation and Finance Department to issue payment. Seconded by Cline. Motion carried 7-0. Legislative Correspondence: Communication of City Manager to area legislators encouraging opposition to efforts to change land use authority of local govemments, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Ciine. Motion carried 7-0. Contract for Auction of Personal Property at the Brewery: City Manager recommending approval of an agreement with Crompton Corporation to sell the personal property at the Brewery, presented and read. Buol moved that the communication be received and filed and approved agreement. City Development Board: In the matter of the City of Asbury Voiuntary Annexation including non-consenting owners - Notice of meeting to consider resistance to Dubuque's motion to dismiss, presented and read. In the matter of the City of Asbury Voluntary Annexation within the urbanized area of the City of Dubuque and the City of Dubuque Voluntary Annexation including some land without the consent of the owner - Notice of meeting to consider voluntary annexation within the urbanized area, presented and read. Buol moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising that the City of Dubuque's audit report for the period July 1, 2002 through June 30, 2003 has been closed, presented and read. Buol 70 Regular Session, March 1, 2004 moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Pre-Disaster Mitigation Plan: City Manager recommending approval of changes to the City of Dubuque Pre-Disaster Mitigation Plan as suggested by the State of Iowa Homeland Security and Emergency Management Division, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Ciine. Motion carried 7-0. Code of Ordinance Supplement No. 60: City Manager recommending adoption of Supplement No. 60 to the Code of Ordinances of the City of Dubuque, Iowa, presented and read. Buol moved that the communication be received and filed. Seconded by Ciine. Motion carried 7-0. RESOLUTION NO. 78-04 ADOPTING SUPPLEMENT NO. 60 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and inciuding December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 60 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 90-03 enacted through November 17, 2003 and prepared by the Steriing COdifiers, Inc, Coeur D' Alene, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Ciine. Motion carried 7-0. Governor's Traffic Safety Grant: City Manager recommending approval of a grant appiication to the Governor's Traffic Safety Bureau for a three year Governor's Traffic Safety Grant, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Ciine. Motion carried 7-0. Residential Parking Permit District - Comell Street: Communication from residents at 1493 Cornell Street, 509 Loras Boulevard and 1401 Henion Street requesting that. their names be removed from the Residential Parking Permit District petition for this area, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Ciine. Motion carried 7- O. Northeast Iowa School of Music: City Manager submitting a letter to the Iowa Community Cultural Grant Committee in support of the Northeast Iowa School of Music's request for funding of a full-time Office Manager, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Ciine. Motion carried 7- O. Business License Refund: Request of Brandon Merrick, Jumpers Sports Bar and Grill, for a refund of his beer and iiquor combination iicense in the amount of $422.50, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Ciine. Motion carried 7-0. Business Licenses: RESOLUTION NO. 79.Q4 Whereas, appiications 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 appiicants 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 following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Melvin Spiegelhalter The Clubhouse 2364 Washington 51 PJ's Tap+ 500 Rhomberg Ave Eagles Club+ 1175 Century Dr Copper Kettle+ Lana LuG rain (Sunday Saie) Fratemal Order of Eagles ( Sunday Sale) Wagner's Copper Kettle Regular Session, March 1, 2004 71 (Sunday Sale) 2987 Jackson St Passed, approved and adopted this 1" day of March, 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 South Grandview Avenue - Request to Vacate: City Manager recommending that a pubiic hearing be set for March 15, 2004 to consider a request from six property owners for the vacating of the northerly portion of an alley west of South Grandview Avenue between Altman Street and Whelan Street, presented and read. Ciine moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 80-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 8A, 9A, 10A, 17A, and 20A OF GRAND VIEW PLACE AND LOT 1A OF SOUTH GRANDVIEW PLACE, DUBUQUE, IOWA Whereas, Michelle Kenline, Harry A. and Margaret J. Blewett, Grand Estates, LC, Eldon T. and Ma~orie E. Herrig, Dubuque Golf & Country Club, and Michael H. Bradley have requested the vacating of the northerly portion of the alley west of South Grandview Avenue between Altman Street (aka St. Joseph Street) and Wheian Street; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council plats showing the northerly portion of the alley west of South Grandview Avenue between Aitman Street (aka St. Joseph Street) and Whelan Street; and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1A of South Grandview Place, in the City of DUbuque, Iowa; and Whereas, the City Council of the City of Dubuque, iowa has determined that this northerly portion of the alley west of South Grandview Avenue between Altman Street (aka St. Joseph Street) and Whelan Street; is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alley known as Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1A of South Grandview Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in proposed Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1A of South Grandview Place in the City of Dubuque, Iowa. Section 2. That the conveyance of the following proposed lots in the City of Dubuque, Iowa to the petitioners iisted below be contingent upon the payment of surveying and platting, processing, pubiication and filing fees. Michelle Kenline Lot 8A in Grand View Place Harry A. & Margaret J. BiewettLot 9A in Grand View Place Grand Estates, LC Lot 10A in Grand View Place Eldon T. & Marjorie E. HerrigLot 17A in Grand View Place Dubuque Golf & Country Club Lot 20A in Grand View Place Michael H. Bradley Lot 1A in South Grandview Place Section 3. 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric iines as may be authorized by the City of Dubuque,. Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be pubiished in the manner as prescribed by law. Passed, approved and adopted this 1" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for Pubiic Hearing on 3/15/04 at a meeting to commence at 6:30 P.M. in the pubiic library auditorium and that the City Clerk pubiish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Seward Street - Request to Vacate: Communication from Gerald and Christine Penhollow requesting to purchase a portion of a City street and alleys abutting property at 777 Seward Street and City Manager recommending that a publiC hearing be set for March 15, 2004 to consider a request from Gerald and Christine Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition, presented and read. Ciine moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 81-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 13A, LOT 16A, AND 72 Regular Session, March 1, 2004 LOT 20A IN C.H. MEYER'S ADDITION, DUBUQUE, IOWA Whereas, Gerald Penhollow has requested the vacating of Sac Street and two alleys north of Seward Street in C. H. Meyer's Addition; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing Sac Street and two alleys norlh of Seward Street; and assigned lot numbers thereto, which are proposed to be known and described as Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Sac Street and two alleys north of Seward Street is no longer required for pubiic use, and vacating and sale of said portions of alleys and streets to be known as Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in proposed Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of proposed Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition in the City of Dubuque, Iowa to Gerald Penhollow be contingent upon the payment of surveying, platting, plus processing, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 1'1 day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set the public hearing for 3/15/04 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 Nichoison. Motion carried 7-0. Utility Easement - Carter Road Detention Basin: City Manager recommending that a public hearing be set for March 15, 2004 to consider the vacating of a utility easement in the area of the embankment for the Carter Road detention facility to ensure the structural integrity of the embankment, presented and read. Cline moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 82-04 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE A UTILITY EASEMENT OVER LOT 2 OF WHITES PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque is the current owner of Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, an unused utility easement is currently platted on said lot; and Whereas, the City of Dubuque has petitioned to vacate the easement in said lot. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a utility easement over Lot 2 of Whites Place in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 1" day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 3/15/04 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 Nicholson. Motion carried 7-0. Flood Hazard Mitigation Demolition Project - Phase il: City Manager recommending initiation of the pubiic bidding process for the Flood Hazard Mitigation Demolition Project - Phase Ii and that a public hearing be set for April 5, 2004, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 83.Q4 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 Flood Hazard Mitigation Demolition Project - Phase II in the estimated amount $26,000.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Regular Session, March 1, 2004 73 RESOLUTION NO. 84-04 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 Flood Hazard Mitigation Demolition Project - Phase II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 5th day of April, 2004, at 6:30 p.m. In the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 1" day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set date of Public Hearing for 4/5/04 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 Nicholson. Motion carried 7-0. RESOLUTION NO. 85-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fiood Hazard Mitigation Demolition Project - Phase II is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be In an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the pians and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the Improvements herein provided, 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 prior to the receipt of said bids at 2:00 p.m. on the 18th day of March, 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 6:30 p.m. on the 5th day of April, 2004. Passed, adopted and approved this 1,t day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Greater Downtown Urban Renewal District: City Manager recommending adoption of a Resolution of Necessity that begins the process of creating a new Greater Downtown Urban Renewai Plan, combining the existing Downtown Dubuque and Ice Harbor Urban Renewal Districts, and setting a pubiic hearing for April 19, 2004 to consider the new plan, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 86.Q4 A RESOLUTION OF NECESSITY FINDING THAT THE AREA INCLUDED IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IS A BLIGHTED AREA AND THAT THE REHABILITATION AND REDEVEL- OPMENT OF THE DISTRICT IS NECESSARY AND APPROPRIATE IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque adopted Amended and Restated Urban Renewal Pians for the Downtown Dubuque Urban Renewal District on April 1, 2002, by Resolution 187-02, and for the Ice Harbor Urban Renewai District on March 4, 2002, by Resolution 114-02, to stimulate and guide public and private investment within the Districts; and Whereas, the City Council of the City of Dubuque has determined that a new Urban Renewal Plan for the Greater Downtown Urban Renewal District, combining the existing Downtown Dubuque and Ice Harbor Urban Renewal Districts, will provide redevelopment opportunities for the greater downtown and rivertront area; and Whereas, Chapter 403 of the Iowa Code requires that before an urban renewal plan may be adopted, the City Council must adopt a resolution of necessity and provide for a process of review and consultation prior to adoption of the urban renewal plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the combination of the existing Downtown Dubuque and Ice Harbor Urban Renewal Districts under a single, comprehensive Urban Renewai Plan for the 74 Regular Session, March 1, 2004 Greater Downtown Urban Renewal District is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 2. That the combined area included in the Greater Downtown Urban Renewal District is a blighted area within the meaning of Chapter 403 of the Iowa Code and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the pUblic health, safety, or welfare of the residents of the municipality. Section 3. That the City Manager is authorized and directed to prepare an Urban Renewal Plan for the Greater Downtown Urban Renewal District, which will combine the existing Downtown Dubuque and Ice Harbor Urban Renewal Districts, to forward said Plan to the City's Long Range Planning Advisory Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on April 19, 2004 at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the area covered by the Urban Renewal Pian and the general scope of the amendment. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. Passed, approved and adopted this 1st day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 4/19/04 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 Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commis- sion (One 3-Year Term through 2/15/07 from Low/Moderate income Area: Applicant: Michael Gukeisen. Mr. Gukeisen spoke. Housing Code Appeals Board (One Unexpired 3-Year Term through 1/11/06) Applicant: Thomas G. Swift. Appointments to the following Board: Housing Code Appeals Board (One Unexpired 3-Year Term through 1/11/06 and Three 3-Year Terms through 1/11/07 - Schaub, Kinsella, Swift). Applicants: William J. Kinsella, Robert Schaub, Edward Swift. Markham moved that William J. Kinsella, Robert Schaub and Edward Swift be reappointed to terms which will expire 1/11/07. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved that the rules be suspended to aliow anyone present to speak. Seconded by Michalski. Motion carried 7-0. Residential Parking Permit District - Rosemont Street: Proof of publication on notice of hearing to consider the establishment of a Residential Parking Permit District on Rosemont Street between Pennsylvania Avenue and Creston Court and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. Jeff Lippstock, 1792 Rosemont and John Simon, 1820 Rosemont, spoke in favor of the requested Parking Permit District. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (A) of Section 32-397 thereof providing for the designation of Rosemont Street from Pennsylvania Avenue to Creston Court as a Residential Parking Permit District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 9.Q4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (a) OF SECTION 32-397 THEREOF PROVIDING FOR THE DESIGNATION OF ROSEMONT STREET FROM PENNSYLVANIA AVENUE TO CRESTON COURT AS A RESIDENTIAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, empowers the City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas, a valid petition has been received to declare an area described as follows as a Residential Parking Permit District. Rosemont Street, from Pennsylvania Avenue to Creston Court Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has established that Regular Session, March 1, 2004 75 the area meets the criteria as established in Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa: 1. At least 80 percent (80%) of the curbside parking spaces in the proposed Parking Permit District were utilized during peak periods; and 2. At least 25 percent (25%) of the curbside parking spaces in the proposed Parking Permit District were utilized by nonresident parkers; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m. daily, except Saturdays, Sundays and holidays; and Whereas, the City Council pursuant to public notice on February 20, 2004, in the City of Dubuque Telegraph Herald, a newspaper of general circulation, met in session on the 1" day of March, 2004, at 6:30 p.m. at the Carnegie Stout Public Library, 360 11'h Street, for the purpose of hearing all interested persons and representatives of organizations and to consider any and all objections which have been filed to the proposed designation of the above area as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m., daily except Saturdays, Sundays and holidays; and Whereas, all interested parties have been given an opportunity to be heard and all objections have been duly considered. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a petition containing the required number of signatures and meeting the intent and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m daily, except Saturdays, Sundays and holidays be and same are overruled. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m. daily, except Saturdays, Sundays and hoiidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (a) of Section 32-397 as follows: a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit "F". Rosemont Street, from Pennsylvania Avenue to Creston Court b) No vehicles shall park curbside in Residential Parking Permit District F during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00) P.M., except Saturdays, Sundays and holidays, without displaying a valid parking permit issued by the City. Passed, approved and adopted this 1" day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Pubiished officially in the Telegraph Herald newspaper this 15th day of April, 2004. Jeanne F. Schneider, City Clerk 1\4/15 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. Fremont Avenue Reconstruction Project: Proof of publication on notice of hearing and notice to bidders and City Manager recommending approval of the plans and specifications for the Fremont Avenue Reconstruction Project, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 87-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of January, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, iowa for the Fremont Avenue Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 88-04 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FREMONT AVENUE RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Fremont Avenue 76 Regular Session, March 1, 2004 Reconstruction Project has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: .x.. Adopted, 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 Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 1" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. Buol moved that the ruies be reinstated limiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Harvest View Estates Fifth Addition - Final Plat: City Manager recommending approval of the final plat for the Harvest View Estates Fifth Addition, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 89-04 A RESOLUTION APPROVING THE FINAL PLAT OF HARVEST VIEW ESTATES FIFTH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Harvest View Estates Fifth Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Millstone Drive (Lot A) and Hilton Spring Drive (Lot B) together with certain public utility easements, which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 20 feet of lot frontage and 2,910 square feet of lot area for Lot 30, where 50 feet and 5,000 square feet, respectively, are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Millstone Drive (Lot A) and Hilton Spring Drive (Lot B), together with the easements for public utilities and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 30 to have 20 feet of lot frontage and 2,910 square feet of lot area, where 50 feet and 5,000 square feet are required, respectively. Section 3. That the final plat of Harvest View Estates Fifth Addition 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 reduce Millstone Drive (Lot A) and Hilton Spring Drive (Lot B) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install water mains and water service laterais into each individual lot, sanitary sewer mains and sewer surface laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct said improvements, prior to two (2) years from the date of acceptance of this Regular Session, March 1, 2004 77 resolution, at the sole expense of the owners, or future owner; (d) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Harvest Development Group, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibiiity of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required untii the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been deveioped. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the piat. Section 5. The developer will maintain the detention facility constructed as part of Harvest View Estates First Addition until it has been fully completed and 80% of the sum of the platted lots in the entire Harvest View Estates Subdivision are fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention faciiity, the maintenance expenses incurred by the City of Dubuque for the storm water detention faciiity (Lot A Harvest View Estates First Addition) shall be assessed against the lot owners of all additions in Harvest View Estates as indicated in the preliminary plat, In equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 7. That in the event Harvest Development Group fails to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provIsions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 1" day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Joint City/County Fringe Area Policy Agreement: Communication from the Joint City/County Planning Committee recommending adoption of the Fringe Area Policy Agreement between the City of Dubuque and Dubuque County for the two mile fringe area around Dubuque; Long Range Planning Advisory Commission recommending adoption of the Fringe Area Policy Agreement as developed by the Joint City/County Planning Committee; Communication from Planning Services Manager Laura Carstens to Dubuque County Zoning Administrator Anna O'Shea providing information about pre-annexation agreements and minutes of the February 19, 2004 Joint City/County Planning Committee, presented and read. Michalski moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 90-04 RESOLUTION ADOPTING A FRINGE AREA POLICY AGREEMENT BETWEEN DUBUQUE COUNTY AND THE CITY OF DUBUQUE, IOWA Whereas, it is in the interest of the City of Dubuque to estabiish pOlicies for the orderly growth and development of the unincorporated fringe area within two miles of the City boundaries; and Whereas, such policies are necessary to more effectively and economically provide services for future growth and deveiopment and to protect and preserve the fringe area's natural resources and its environmentally sensitive features, and Whereas, Chapter 28E of the Iowa Code enables two or more iocal govemments to enter into agreements to cooperate for their mutual advantage; and Whereas, the Iowa Code allows the City to establish an extraterritorial jurisdiction area, known as the fringe area, within two miles of the City boundaries for the purpose of reviewing and approving subdivisions; and Whereas, the Iowa Code further grants to the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions via a 28E agreement between the City and the County; and 78 Regular Session, March 1,2004 Whereas, the Dubuque Comprehensive Plan includes objectives to encourage City-County cooperation to develop policies that enhance development of fringe areas and avoid unregulated sprawl, and the Proposed Land Use Map outlines the extent of urban development expected in the future. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fringe Area Policy Agreement is hereby adopted as the City's policy for fringe area development. Section 2. That the Mayor is hereby authorized to sign and submit the Fringe Area Policy Agreement to the Dubuque County Board of Supervisors for their review and adoption. Passed, approved and adopted this 1'1 day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Stormwater Utility Credit Policy: City Manager recommending adoption of the Stormwater Management Utility Policies and Procedures Manual prepared by City staff and CDM, the City's stormwater utility consultant, and the procedures and policies established within the manual, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Busted Lift Special Event: City Manager submitting information regarding the Busted Lift's request to hold a St. Patrick's Day event, presented and read. Cline moved to receive and file and approve the request and directed that a detailed memo be given to the Council on how it went. Seconded by Buol. Motion carried 7-0. Grand River Center - Bid Package #3 Retainage Reduction: City Manager recommending approval of a request from J .P. Cullen & Sons, the general contractor for Bid Package #3, for a reduction in the retainage for the Grand River Center, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. RESOLUTION NO. 91.Q4 AUTHORIZING THE RELEASE OF RETAINED FUNDS TO J,P. CULLEN & SONS, INC, FOR THE CONSTRUCTION OF THE GRAND RIVER CENTER Whereas, the City of Dubuque (City) entered into a contract with J.P. Cullen & Sons, Inc. (Cullen) for the construction of the Grand River Center in the City of Dubuque, Iowa; and Whereas, Cullen has completed 98.8% of the contract for the construction of the Grand River Center; and Whereas, City is holding $1,171,401.54 retainage for the project as required by Iowa Code Chapter 573; and Whereas, Iowa Code Chapter 573 allows for the early release of retained funds according the procedure selforth in Iowa Code !l573.15A; and Whereas, the City Council has determined that it is appropriate to release additional retained funds to Cullen as provided in Iowa Code !l573.15A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby acknowledges that 98.8% of the contract for the construction of the Grand River Center by J.P. Cullen & Sons, Inc. has been completed. Section 2. The City shall continue to retain $1,171,401.54 retainage now being held for a period of 30 days from the date of this Resolution. If at the end of the 30-day period, a claim has been filed, in accordance with Iowa Code !l573.15A for labor, materials, service or transportation, the City shall continue to retain from the unpaid funds, a sum equal to double the amount of all claims on file. If there are no claims on file at the end of the 30-day period, $891,608.00 of the retainage shall be released and paid to Cullen. The remainder of the retainage shall be held until 30 days after final acceptance of the project by the City Council, in accordance with Iowa Code Chapter 573. Passed, approved and adopted this 1 st day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. PUBLIC INPUT S. A. Sutton, 1875 Custer St., spoke of the recent rockslide at 2800 Rhomberg where the proposed condominium complex is to be constructed and questioned City action. Michalski, Cline and Connors requested that this be checked out by the City. At 7:10 P.M. Nicholson moved to go into Closed Session regarding Property Acquisition - Chapter 21.5(1)0) 2003 Code of iowa. Seconded by Michalski. Motion carried 7-0. At 7:26 Council reconvened Regular Session with statement that Staff had been given proper direction. Regular Session, March 1,2004 There being no further business, Nichoison moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjoumed at 7:27 P.M. /s/ Jeanne F. Schneider, CMC City Cierk 113/10 79 ~/ Approved: . ':/4// C/. ~ o ~ ~ Adopted: ~~/,;/ / ./f!~ 2004 2004 80 Special Session, March 3, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 3, 2004 Council Met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Ciine, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen and Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of conducting a public hearing on the Fiscal Year 2005 budget and capital improvement program. Proofs of publication on notice of pubiic hearing on Budget Estimate for Fiscal Year 2005 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2004 through the fiscal year ending June 30, 2009, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Carried by the following vote: Yeas-Buoi, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Buol moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Michalski. Motion carried 7-0. Public Input and discussion on departments in the following order: Human Rights - no comments; Finance - no comments; City Manager's Office - no comments; City Council - no comments; City Clerk's Office - no comments; Legal - no comments; Emergency Communications - no comments; Emergency Management - no comments; Fire Department - no comments; Police Department - no comments; Building Services Department - no comments; Water Department - no comments; Water Pollution Control Plant - no comments; Operations and Maintenance Department - no comments; Engineering - no comments; Civic Center Division - no comments; Recreation Division - no comments, Park Division - no comments; Information Services Department - no comments; Cable TV Division - no comments; Library Department - no comments; Economic Development Department - no comments; Parking Division - no comments; Health Services Department - no comments; Housing and Community Development Department - no comments; Airport Department - no comments; Transit Division - no comments; comments; comments; comments. Planning Services Department - no Purchase of Services - no Capitol Improvement Program - no Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Markham. Motion carried 7-0. City Manager recommending that Travel - Professional Conference be funded in the amount of $76,374; City Manager recommending that the young adult and children's portions of Library Decision Packages #1 and #2 be funded in the amount of $14,666; City Manager recommending funding of an amended Health Services Department decision package to purchase a second tag for deer hunters in the amount of $788; Communications from the Historic Preservation Commission, Long Range Planning Advisory Commission, Zoning Advisory Commission and Zoning Board of Adjustment in support of the additional Associate Planner position, presented and read. Buoi moved that the communications be received and filed. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 92-04 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2005 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2005, as set forth in the Adoption of Budget and Certification of Taxes summary and supporting state budget forms and in the detaiied budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year, as amended, is adopted. Section 2. The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 3" day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 93-04 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 2004, and ending June 30, 2009, for the Special Session, March 3, 2004 81 City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital improvement Program describes specific capital improvement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included In the Fiscal Year 2005 budget for the City of Dubuque; and Whereas, the five year Capitai Improvement Program will be reconsidered annualiy by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best Interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 2004, set out in the Fiscal Year 2005- 2009 Recommended Capital Improvement Budget, is hereby approved, and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 3"' day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Ciine, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Communication from the Long Range Planning Advisory Commission regarding their review of the Five Year Capital Improvement Program Budget, 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. RESOLUTION NO. 94-04 A RESOLUTION ADOPTING THE PROGRAM YEAR 2004 (FISCAL YEAR 2005) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL 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 Action Plan addressing both housing and non- housing needs in the community; and Whereas, copies of the draft Program Year 2004 (Fiscai Year 2005) CDBG Annual Plan have been available for public comment 30 days prior to City Council action: and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Plan; and Whereas, the City Council has held a public hearing on the proposed plan on February 24, 2004 and approved the Annual Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Program Year 2004 (Fiscal Year 2005) Community Development Block Grant Annual Action Pian, attached hereto as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Program Year 2004 (Fiscal Year 2005) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. Passed, approved and adopted this 3rd day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. RESOLUTION NO. 95.Q4 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2005-2009 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years 2005 - 2009 beginning July 1, 2004, and ending June 30, 2008, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five-Year Street Construction Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposed sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2005 budget; and Whereas, the adoption of the Five-Year Street Construction Program Is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five-Year Street Construction Program for Fiscal Years 2005- 2009 beginning July 1, 2004, set out in the 82 Special Session, March 3, 2004 Fiscal Years 2005-2009 Recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, adopted and approved this 3"' day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83(a)(3)g, Establishing basic sewer rates for residential and commercial users, effective upon publication, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 10-04 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 44-83 (a)(2) AND 44-83 {a)(3)g ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-83 (a)(2) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 44-83 (a)(2) Schedule of Rates: Rates per each one hundred (100) cubic feet.....$1.71 Section 2. Section 44-83 (a)(3)g of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance (inches) Charge (cubic feet) 5/8 $ 3.42 200 :v. $ 8.55 500 1 or larger $13.68 800 Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 3" day of March, 2004. Terrance M. Duggan, Mayor Attest: Is/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald the 8th day of March 2004. Jeanne F. Schneider, CMC, City Clerk 1\ 3/8 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. An Ordinance amending the City of Dubuque Code of Ordinances Section 44-201{a) fixing water rates for residential, commercial, industrial and all other uses, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 11-04 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-201(a) FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Section 44-201 (a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-201. Residential, Commercial, Industrial and All Other Uses. The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the City shall be as follows: Monthlv Consumotion Charoe oer Hundred Cubic Feet First 3,000 $1.66 Next 12,000 $1.36 Next 35,000 $1.26 Next 50,000 $1.12 Next 100,000 $ .98 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size Inches Cubic Feet New Charoe 5/8 200 $ 3.32 3/4 500 $ 8.30 1 800 $ 13.28 11/2 2,600 $ 43.16 2 4,600 $ 71.56 3 10,600 $ 153.16 4 16,800 $ 235.68 6 36,800 $ 487.68 8 62,500 $ 794.00 Section 2. This Ordinance shall take effect July 1,2004. Passed, approved and adopted the 3" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Special Session, March 3, 2004 83 Published officially in the Telegraph Herald Newspaper the 8th day of March, 2004. Jeanne F. Schneider, CMC, City Clerk 1\ 3/8 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. An Ordinance Amending the City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), (c) and (d) establishing charges for the collection and disposal of solid waste and recyclable materials increasing the base fee from $7.60 per dwelling unit per month to $8.51 and increasing the fee for a single-use solid waste collection sticker from $1.05 to $1.15, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 12-04 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARAGRAPHS (a), (b), (c) and (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS INCREASING THE BASE FEE FROM $7.60 PER DWELLING UNIT PER MONTH TO $8.51 AND INCREASING THE FEE FOR A SINGLE- USE SOLID WASTE COLLECTION STICKER FROM $1.05 TO $1.15. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37 (a), (b), (c), and (d) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-37. Charges-Amounts; Exceptions1: (a) Ciass I Premises: Except as qualified below, a fee of eight dollars and fifty-one cents ($8.51) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: (1) When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may appiy to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so iong as the class I premises is vacant. (2) Class I premises when the head of the household is sixty-five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for one- and two-person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager, may and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as the city manager may deem necessary. (4) Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "Section Eight (8) housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (b) Class II Premises: A fee of eight dollars and fifty-one cents ($8.51) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (c) Class III Premises: A fee of eight dollars and fifty-one cents ($8.51) per month shall be paid to the city by the property owner of each class iii premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a class III premises served by city solid waste collection may provide the city 84 Special Session, March 3, 2004 manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (d) Ciass I, II Or III Premises: Collection options and charges under unit based pricing for class I, I' and III premises are as follows: (1) A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional four dollars thirty-three cents ($4.33) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. (2) A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional four dollars thirty-three cents ($4.33) each per month. The four (4) subscription periods are July, August and September; October, November and December; January, February and March; and, April, May and June. A subscription may not be canceled. (3) Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional one dollar eighty cents ($1.80) per month. Such containers shali be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. (4) A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional five dollars fifty cents ($5.50) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. (5) A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional five dollars frfty cents ($5.50) each per month. The four (4) subscription periods are July, August and September; October, November and December; January, February and March; and, April, May and June. A subscription may not be canceled. (6) Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, II, and III premises. The customer shall choose the number and size of the cart. The fee for a sixty- five (65) gallon city cart shall be seventeen dollars ($17.00) each per month. The fee for a ninety-five (95) gallon city cart shall be twenty- five dollars ($25.00) each per month. (7) Official city of Dubuque single use stickers costing one dollar fifteen cents ($1.15) shall be applied to each additional standard solid waste container or small bulky or bundled Item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). (8) Multiple-family dweliings of three (3), four (4), five (5), and, six (6) dweliing units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the speCific premises. However, for the two (2) weeks following Christmas excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. Section 2. This ordinance shall take effect on the 1st day of July, 2004. Passed, approved and adopted this 3'" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 8'h day of March, 2004. Is/Jeanne F. Schneider, CMC, City Clerk 11 3/8 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. An Ordinance Amending Section 32-279 of the City of Dubuque Code of Ordinances Parking Violations - Fines, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 13-04 AMENDING SECTION 32-279 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PARKING VIOLATIONS-FINES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.Section 32-279 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-279. Parking Violations-Fines: The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles may, within 30 calendar days from the time when such notice Is served upon such - Special Session, March 3, 2004 85 owner or operator or attached to such vehicle, pay to the city treasurer as a penalty for such violation the following sum: (1) Overtime Parking, Double-Parking And Any Other Standing Or Parking Violation: If paid within 30 calendar days from time of violation as indicated on the notice, such fine shall be the sum of seven dollars ($7.00); if not paid within 30 calendar days, such fine shall be the sum of twelve dollars ($12.00). (2) Street Storage: If paid within 30 calendar days from time of violation as indicated on the notice, such fine shall be the sum of seven dollars ($7.00); if not paid within 30 calendar days, such, fine shall be the sum of twelve dollars ($12.00). (3) Parking In Private Lots. If paid within 30 calendar days from time of vioiation as indicated on the notice such fine shall be the sum of seven dollars ($7.00); if not paid within 30 calendar days, such fine shall be the sum of twelve dollars ($12.00). (4) Parking In Interference With Snow Or Ice Removal Or Street Cleaning: If paid within 30 calendar days from the time of violation as indicated in the notice, such fine will be in the sum of seven dollars ($7.00); if not paid within 30 calendar days, then such fine shall be in the sum of twelve dollars ($12.00). (5) Parking In Required Access Roadways: If paid within 30 calendar days from the time of violation as indicated in the notice, such fine will be in the sum of seven dollars ($7.00); if not paid within 30 caiendar days, then such fine will be in the sum of twelve dollars ($12.00). (6) Parking In Reserved City Service Areas Or City-Owned Vehicle Parking Areas As Provided In Sections 32-274, 32-275, 32-277 Or 32-284 Of This Chapter: If paid within 30 calendar days from the time of violation as indicated in the notice, such fine shall be in the sum of seven dollars ($7.00); if not paid within 30 calendar days, then such fine shall be in the sum of twelve dollars ($12.00). (7) Illegal Alley Parking: If paid within 30 calendar days from time of vioiation as indicated on the notice, such fine shall be the sum of seven dollars ($7.00); if not paid within 30 calendar days, such fine shall be the sum of twelve dollars ($12.00). (8) Parking Within Five Feet Of A Fire Hydrant As Provided In subsection 32-261(4) Of This Chapter: If paid within 30 calendar days from time of violation as indicated on the notice, such fine shall be in the sum of seven dollars ($7.00); if not paid within 30 calendar days, such fine shall be in the sum of twelve dollars ($12.00). Payment of the above penalty, or fine, upon being mailed to the City Treasurer shall be deemed paid as of the time of postmark on the envelope thereof. Section 2. This ordinance shall take effect July 1,2004. Passed, approved and adopted this 3" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald the 8th day of March, 2004. Is/Jeanne F. Schneider, CMC, City Clerk 11 3/8 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. RESOLUTION NO. 96-04 RESOLUTION APPROVING AN INCREASE IN THE RENTAL DWELLING LICENSE FEE Whereas, due to the requirement to meet a 43% self-support target for the Housing Departments code enforcement activity, an increase in the rental dwelling license fee has been proposed for the Fiscai Year 2005 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the license fee for each rental unit in a rental dwelling be increased from $9.00 to $9.25 per unit. Section 2. That this increase become effective upon action taken by the City to adopt the Fiscal Year 2005 operating budget. Passed, approved and adopted this 3rd day of March, 2004. Terrance M Duggan, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. There being no further business, Markham moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjoumed at 6:41 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 3/10 86 Special Session, March 3, 2004 APprovea.-::r.// J < 2004 Adopted: / .IH.-U c3'/ 2004 (;'/lAlA~/; Ma r" ~ ~--:'/J . ~///04//t:>//f../ erk Regular Session, March 15, 2004 87 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 15,2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl. Members Michalski, Milligen, 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 properiy come before the City Council. Invocation was given by Msgr. David Wheeler of St. Mary's Catholic Church. CONSENT ITEMS Minutes and Reports Submitted: City Council of 2/26; 3/1 and 3/3; Civil Service Commission of 1/23 and 2/11; Environmental Stewardship Advisory Commission of 3/2; Historic Preservation Commission of 2/24; Housing Commission of 1/27; Human Rights Commission of 2/9; Zoning Board of Adjustment of 2/25, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Proceedings for 2/16 and 2/19, presented and read. Michalski moved that the proofs be received and filed. Seconded by Nichoison. Motion carried 7-0. Printed Council Proceedings for month of December, 2003, presented and read. Michalski moved that the proceedings be received and filed and approved as printed. Seconded by Nichoison. Motion carried 7-0. Finance Director submitting the City of Dubuque Financial Reports for the month ending February 29, 2004, presented and read. Michalski moved that the communication and reports be received and filed. Seconded by Nicholson. Motion carried 7-0. Library Board of Trustees Update from the meeting of February 26, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Ciaims/Suits: Sarah J. Neis for vehicle damage; Mary Lou Ness vs. City of Dubuque, Iowa; St. Columbkille Catholic Church for property damage, presented and read. Michalski moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of St. Columbkille Catholic Church for property damage and directing the Finance Department to issue payment, presented and read. Michalski moved that the communication be received and filed and recommendation approved and Finance Department to issue payment. Seconded by Nicholson. Motion carried 7-0. Citizen Communication: Communication from Connie Walsh, Administrative Director - Tri-State Pregnancy Center, regarding a sewer lateral break under the street at their business and requesting financial aid and communications from the City Manager in response to the above request from Connie Walsh, Tri-State Pregnancy Center, presented and read. Michalski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Inspections and Appeals: City Manager recommending approval of an Interagency 28E Agreement between the City of Dubuque and the Iowa Department of Inspections and Appeals for the performance of investigations in the Section 8 rentai assistance program, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Delbert Miller - Carter Road Detention Basin: Corporation Counsel advising that negotiations for property necessary for the construction of the Carter Road Detention Basin have not been successful and recommending that the City commence with eminent domain proceedings and communication from Brian J. Kane, representing Del Miller, regarding the City's proposed eminent domain proceedings for acquisition of the necessary property, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 97.Q4 AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY OWNED BY DELBERT G. MILLER IN THE CITY OF DUBUQUE, IOWA Whereas, the City of DUbuque (City) intends to acquire certain real property owned by Delbert 88 Regular Session, March 15,2004 G. Miller (Owner), legally described as follows (the Property): Lot 2-2-A-2-2-2-1-1-1-1-1 of Clarence Arlen Place and Lot 2-1-1-1-1-1-1-1-2-3-1 of Highland Farm Addition, all in the City of Dubuque, Dubuque County, Iowa as shown on Exhibit A attached hereto for the purpose of stormwater storage and the relocation of the sanitary sewer for the Carter Road Detention Basin; And Whereas, City has made make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the Property by eminent domain. Passed, approved and adopted this 15th day of March, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Larry Miller - Carter Road Detention Basin: Corporation Counsel advising that negotiations for an easement necessary for the construction of the Carter Road Detention basin have not been successful and recommending that the City commence with eminent domain proceedings, communication from Brian J. Kane, representing Larry Miller, regarding the City's proposed eminent domain proceedings for acquisition of the necessary easement, and City Manager's response to communication from Brian J. Kane, presented and read. Michaiski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 98-04 AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN INTERESTS IN REAL PROPERTY OWNED BY LARRY W. AND KATHY F. MILLER IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire an easement as shown on Exhibit A on certain real property owned by Larry W. and Kathy F. Miller (Owner), legaliy described as follows (the Property): Lot A of West Ridge 3'" Addition, in the City of Dubuque, Dubuque County, Iowa for the purpose of stormwater storage associated with the Carter Road Detention Basin; AND WHEREAS, City has made a good faith effort to negotiate with the Owner to purchase the property interest before proceeding with condemnation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City Manager and the Corporation Counsel are hereby authorized to commence proceedings for the acquisition of the easement by eminent domain. Passed, approved and adopted this 151h day of March, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Miller-Riverview Park Management Agree- ment: City Manager recommending approval of a management agreement with Pat Felderman for Miller-Riverview Park, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Solid Waste Agency Administrator and Cashier, presented and read. February 11, 2004 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Solid Waste Agency Administrator was conducted. We hereby certify that the individual listed below has passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. SOLID WASTE AGENCY ADMINISTRATOR Charles F. Goddard Respectfully submitted, /s/ Richard Wertzberger, Chairperson /s/ Loras Kluesner /s/ Merle Duehr Civil Service Commission Michalski moved that the above Civil Service certification be received and filed made a matter of record. Seconded by Nicholson. Motion carried 7-0. March 4, 2004 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Cashier was conducted. We hereby certify that the individuals listed below have passed this Regular Session, March 15, 2004 89 written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date CASHIER Charlene Wiezorek Connie Wagner Rose Hoerner Amanda Kistlng Judith Sutter Becky Bruxvoort Tammie Paulsen Lisa Tomas Susan Davis Kelly Eitter Holly Grubb Anne McGrath Cynthia Ortiz Aaron Roeth Elizabeth Willems April Blasen Amy Felderman Jody Hallahan Diana Weis Margery Henneberry Cheryl Manderscheid Ruth Neuhaus Respectfully submitted, /s/ Richard Werlzberger, Chairperson /s/ Loras Kluesner /s/ Merle Duehr Civil Service Commission Michaiski moved that the above Civii Service certification be received and filed and made a matter of record. Seconded by Nicholson. Motion carried 7-0. Donald Fritz Wendy Ellis Paula Kamm Amy Quatrochi Terry Avenarius Carol Fondell Lisa Then Patrick Coulthard Angela Davison Barbara Flury Elizabeth Lester Rose Moeller Karen Pins Patricia Wilberding Mary Wunderlich Ellen Ernst Gail Funk Elena Linde Kay Heller Gail Kuhle Amy McDonnell Sarah Pfab John F. Kennedy Road Reconstruction Project Final Assessments: City Manager recommending approval of the final assessment scheduie for the John F. Kennedy Road Reconstruction Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 99.Q4 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE JOHN F. KENNEDY RECONSTRUCTION PROJECT (SPRING VALLEY ROAD TO BARONY DRIVE) INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying piat showing the assessments proposed to be made for the construction of the John F. Kennedy Reconstruction Project (Spring Valley Road to Barony Drive) under contract with The Flynn Company of DUbuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 10'h day of March, 2004, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the vaiue of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13'h Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $50.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. 90 Regular Session, March 15,2004 Passed, approved and adopted this 151h day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA JOHN F, KENNEDY ROAD (Spring Valley to Barony Rd.) FINAL SCHEDULE OF FINAL VALUATION AND ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. LOT WATER SERVICE TOTAL NET OWNER DESCRIPTION PARCEL NO. ASSESSMENT ASSESSMENT BRUECK SUBD. Thumser, Carl W. & Debra L. Bal Lot 8 10-16-279-021 000.00 $2,344.39" Rupp, Sean A. & Christine M. Bal Lot 9 10-16-279-017 000.00 $ 729.79 Faust, Edwin W. & Linda K. Bal Lot 10 10- 16-279-019 000.00 $ 217.40 Sweeney, Merlin J & Marjorie H. Bal 1 - 1 - 11 10-16-279-018 000.00 $ 121.61 Pfeiler, George & Rose M. Lot 7 10-16-279- 007 000.00 $1,845.73"" Unsen, David M. & Beverly A. Bal. -6 10-16-279-022 000.00 $ 1,872.44 Cardy, Lyle E. & Shirley A. Lot 5 10-16-279-009 000.00 $1,928.54 Kohnen, John J. Lot 4 10-16-279-010 1,594.13 $ 3,522.67 Kohnen, John J. Lot 3 10-16-279-011 1,594.13 $ 3,522.67 Kohnen, John J. Lot 2 10-16-279-012 000.00 $ 1,928.54 Riley, Janann L. & Mozena Bal 1 10-16-279- 023 000.00 $ 1,928.54 AIRD PLACE Aird, Randall P. & Lisa A Lot 1 024 000.00 Aird, Randall P. & Lisa A Lot 2 025 000.00 NE 'I. SEC. 16 T89NR2E Kutsch, Marvin H. Lot 2-8 10-16-279-016 000.00 $2,581.02 Guier, Mary P. Lot 2-1-1-1-1-1-1-1-1-9 10-16-277-012 000.00 $1,385.87 Cocayne, James A. & Patrica A. Lot 2-1-1-1-1- 1- 1-1-910-16-277-011661.47 $1,958.85 Sarvis, Tom N. & Darlene Lot 2-1-1-1-1-1-1-9 10-16-277-010 661.47 $1,959.45 Purcell, Robert J. & Joan F. Lot 2-1-1-1-9 10-16-277-009 661.47 $2,610.01 Winders, Eugene J. & Jacqualine Lot 2-1-1-1-9 10-16-277-008 000.00 $ 1,941.97 10-16-279- $ 1,080.28 10-16-279- $1,903.92 Pfiffner, Thomas D. & Irmagene Lot 1-2-1-1-9 10-16-277-007 000.00 $1,942.57 Raeder, William C. & Christine A. Lot 2-1-1-1-1- 910-16-277-006 661.47 . $2,388.88 Steines, Rick A. & Ashley I. Lot 2-1-1-1-1-1- 910-16-277-005 000.00 $1,726.66 Williams, Dennis M. & Susan G. Lot 2-1-9 10-16-277-013 000.00 1,482.70 Schemmel, Charles J. & Shannon L. Lot1-2-9 10-16-277-014 000.00 $ 2,005.98 Jahnke, Virgina E. Lot 2-1-1-1-1-1-1-1-1-1-9 10-16-277-015 000.00 $ 2,023.74 HELEN & MARY STEWART SUBD Kivlahan, Farms L.C. Lot 1-1-1-1-1-1-1-1-1-1-3 10-16-277-001 000.00 $1,953.16 NE 'I. SEC. 16 T89NR2E Hardie, Stephen F. Bal Lot 5 10-16-226-002 000.00 $ 9,818.76 Hardie, Stephen F. Bal Lot 2-6 10-16-276-002 000.00 $1,006.53 HELEN & MARY STEWART SUBD Hardie, Stephen F. Bai Lot 3-2 10-16-202-004 000.00 $13,063.70 Dubuque Community Schools Lot 2-3-1 10-16-176-004 000.00 $13,189.30 City of Dubuque Lot 1-3-1 10-16-202-005 000.00 $ 3912.77 BARTON RANDLE ADDN. Grandview Methodist Church Lot 1 Mineral Lot 460 10-16-126-003 000.00 $ 5,877.99 Grandview Methodist Church Lot 2 10-16-126-002 000.00 $3,353.95 HELEN & MARY STEWART SUBD Kivlahan Farms L.C. Lot 1-1-1-1-1-1-1-1-1-1-3 10-16-227-011 000.00 $ 505.52 Kivlahan, John H. & Doris E. Lot 2-1-1-1-1-1-3 & Lot 2-1-1-1-1-1-1-1-1-1-3 10-16-201-015 000.00 $9,842.62 NE Y. SEC. 16 T89NR2E Kivlahan, John H. & Doris E. Bal-Bal 1-1-4, B 1- 1-710-16-230-001 000.00 $13,119.03 TOTALS: WATER SERVICE ASSESSMENTS: $5.834,14 TOTAL $122.597.60 THE FOLLOWING RECEIVED CITY FINANCIAL ASSISTANCE BRUECK SUBD. "" Pfeiler, George & Rose M.Lot 7 10-16-279- 007 City Assist. 50% of $1845.73 = 922.88 922.87 Net Assess. $ 922.98 ""Thumser, Carl W. & Debra L. Bal Lot 810-16- 279-021 City Assist. 34% of $1 ,845.75 = $ 797.09 Net Assess. $ 1,547.30 TOTALS: CITY ASSISTANCE $1,719.97 THEIR NET ASSESSMENT $2,470.17 Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Establishment of Fair Market Value - Auto Glass Center: City Manager recommending approval of the establishment of the fair market Regular Session, March 15, 2004 91 value of three properties currently owned by Elm Real Estate, LC (Auto Glass Center) that are needed as right-of-way for the realignment of University Avenue, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 100-04 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY ELM REAL ESTATE, LC IN THE CITY OF DUBUQUE, IOWA Whereas, certain real property owned by Elm Real Estate, LC, legally described as follows: Lot 2-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and part of Lot 1 of Correction Plat of Mineral Lot 248 (Parcel 1 ) Lot 1-2-1 of Lot 2 Minerai Lot 237 & Lot 2 Mineral Lot 238, and Part of Lot 1 of Correction Plat of Minerai Lot 248 (Parcel 2) Lot 2 Newman Place (Parcel 3) as shown on Attachment A; and, Whereas, Iowa law requires the City to make a good faith effort to negotiate with the owner to purchase the property interests before proceeding with condemnation; and, Whereas, the City may not make an offer to purchase the property which is less than fair market value that the City has established for the property; and, Whereas, the City has caused an appraisal of the property to be made and the appraised value of the property is $138,500; and, Whereas, the City Council now desires to establish the fair market value of the property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the fair market value of the three properties herein above described is established to be $138,500. Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the owner of the properly and any interested parties In the purchase of the property for a purchase price that is not less than the fair market value estabiished by this resolution. Passed, adopted and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Industrial Center West - Chavenelle Drive Repair Work: City Manager recommending acceptance of the $8,400 settlement from McAninch Corporation to pay part of the costs of the repairs needed to Chavenelle Drive in Dubuque Industrial Center West, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Rehabilitation of 1195 Thomas Place: City Manager recommending approval of an agreement with Anna Kim, the new owner of 1195 Thomas Piace, extending the deadline to complete repairs required for Installation of City sanijary sewer to April 1, 2005, and putting the agreement in her name, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. 2004 - 2005 Deer Management Plan: City Manager recommending continuation of the Urban Deer Management Plan for the 2004 - 2005 season as was conducted this year, along with the changes in the any sex tag incentive, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Mercy Health Center Banners: City Manager recommending approval of a request from Mercy Health Center to install banners on City right-of- way that commemorate 125 years of service to the community, presented and read. Michaiski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Cedar Crest Subdivision - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Cedar Crest Subdivision iocated at 15547 Route 20 West in Dubuque County, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Kopp's John F. Kennedy Addition No. 2 - Correction Plat: Zoning Advisory Commission recommending approval of the correction plat of Kopp's John F. Kennedy Addition No. 2 as requested by Flint Drake/Kopp Family Investments, LP., presented and read. Michaiski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 101-04 RESOLUTION APPROVING THE COR- RECTION PLAT OF KOPP'S JFK ADDITION NO.2 IN THE CITY OF DUBUQUE, IOWA. 92 Regular Session, March 15, 2004 Whereas, there has been filed with the City Clerk a correction plat of Kopp's JFK Addition No.2; and Whereas, said plat provides Lots 2 and 4 with o feet of lot frontage, where 50 feet of lot frontage is required; and Whereas, said correction plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said correction 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 Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 2 and 4 with 0 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the correction plat of Kopp's JFK Addition NO.2 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 correction plat. Passed, approved and adopted this 151h day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Land and Water Conservation Fund (LWCF) Grant: City Manager recommending approval of a grant application to the Iowa Department of Natural Resources for a Land and Water Conservation Fund (LWCF) grant in the amount of $125,000 for construction of Pyatigorsk Park, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 102-04 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR FEDERAL LAND AND WATER CONSERVATION FUNDS FOR THE DEVELOPMENT OF PYATIGORSK PARK Whereas, the City of Dubuque has Identified Pyatigorsk Park as an important trailhead facility to be developed as part of the Heritage Trail Riverfront System and America's River Project; and Whereas, the City of Dubuque is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of Dubuque and the State Iowa Project Title: Pyatigorsk Park Total Estimated Cost: $250,000 Brief Description of Project: Development of a public park at a gateway to Iowa and Dubuque to serve as a trailhead for the Heritage Trail Riverfront system along the Mississippi. Whereas, the Iowa Department of Natural Resources has Federal Land and Water Conservation Funds for the development of trail- related projects; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of trail heads and public parks along the Heritage Trail Riverfront System; and Whereas, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT THE PROJECT DESCRIBED ABOVE BE AUTHORIZED; AND BE iT FURTHER RESOLVED THAT: 1. The City of Dubuque make application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 50% of the actual cost of the project in behalf of said 2. That said City of Dubuque certifies to the following: a) That it will accept the terms and conditions set for the in the NPS Grants-in-Aid Manual and which will be a part of the project agreement for any grant awarded under the attached proposal. b) That it is In complete accord with the attached proposal and that It will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. c) That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. d) That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. e) That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shali comply with the terms and intent of the Title VI of the Civil Rights Action of 1964 P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the/Secretary of the Interior and contained in 43 CFR 17. Regular Session, March 15, 2004 93 f) That it will maintain adequate financial records on the proposed project to substantiate claims for cost sharing. Section 1. The Mayor hereby is authorized to sign this resolution authorizing application to the Iowa Department of Natural Resources for Federal Land and Water Conservation Funds for Pyatigorsk Park. Section 2. The Planning Services Manager is hereby authorized to submit the application to the iowa Department of Natural Resources for Land and Water Conservation Funds for Pyatigorsk Park. Passed, approved and adopted this 15th day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Demolition Request: Historic Preservation Commission recommending approval of a request to demolish a structure at 300 Iowa Street (former United Rental Building) at the request of the City of Dubuque, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. First Amendment - Southwest Arterial Design Agreement: City Manager recommending approval of the First Amendment to the agreement between the City of Dubuque, Dubuque County and the Iowa Department of Transportation for the compietion of an addendum to the 1999 Southwest Arterial Environmental Assessment and approval of an additional payment of $73,540 for a total contract amount of $667,530, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Ted Gifford, 3100 Eagle Point Dr., spoke objecting to the huge cost overrun on this project. RESOLUTION NO.103.Q4 RESOLUTION APPROVING FIRST AMEND- MENT TO AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, DUBUQUE COUNTY, AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE ADDENDUM FOR THE 1999 SOUTHWEST ARTERIAL ENVIRONMENTAL ASSESSMENT (PROJECT NO. STP-U. 2100(627)-70-31 ) Whereas, the City, Dubuque County, and the Iowa Department of Transportation wish to continue with the development of Primary Road Iowa 32 as the Southwest Arterial Connector within the City and the County; and Whereas, the Iowa Department of Transportation has prepared a cooperative agreement between the City of Dubuque, Dubuque County, and the Iowa Department of Transportation for the First Amendment to the Agreement for the completion of the Addendum to the 1999 Southwest Arterial Environmental Assessment; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said agreement. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Agreement between the City of Dubuque, Dubuque County, and the iowa Department of Transportation be approved. Section 2. That the additional project consultant fee associated with this First Amendment shall be $73,540. Section 3. That the Mayor be authorized to execute three copies of the Agreement, known as Agreement No. 2002-16-144, between the City of Dubuque, Dubuque County, and the Iowa Department of Transportation. Passed, adopted and approved this 15th day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Grant and Staffing Recommendation: City Manager recommending acceptance of a Certified Local Govemment (CLG) Grant Agreement with the State Historical Society of Iowa to conduct Phase V of the architectural/historic survey of the community and authorizing the hiring of ECIA to provide GIS support, presented and read. Michalski moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7- O. RESOLUTION NO. 104-04 RESOLUTION APPROVING A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT AGREEMENT TO CONDUCT AN ARCHITECTURAL / HISTORIC SURVEY Whereas, the State Historical Society of Iowa has awarded the City of Dubuque $14,437.50 in Certified Local Govemment Program (CLG) grant funds to conduct Phase V of the architecturailhistoric survey of the community; and Whereas, the State Historical Society has advised that an architectural/historic survey is necessary for the renewal of a Memorandum of Agreement between the State and City for the 94 Regular Session, March 15, 2004 purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed Phase V of the architectural/historic survey; and Whereas, the City of Dubuque has budgeted the required local match of $9,625.00. 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 CLG grant agreement with the State Historical Society for Phase V of the architectural/historic survey. Section 2. That the Planning Services Manager Is authorized to utilize budgeted funds and to submit reimbursement requests for the project. Section 3. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the project. Passed, approved and adopted this 15th day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Deed of Gift of Artwork for Grand River Center: City Manager recommending acceptance of a Deed of Gift recognizing the donation of artwork by Kay Norman and the conditions on the gift, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Application for Homeownership Assistance Funds: City Manager recommending approval of the City's sponsorship of an application to the Federal Home Loan Bank (FHLB) for Affordable Housing Program funds to assist income- qualifying families to purchase a home, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 105-04 A RESOLUTION AUTHORIZING SPONSOR- SHIP OF AN APPLICATION TO THE FEDERAL HOME LOAN BANK OF DES MOINES FOR AFFORDABLE HOUSING PROGRAM FUNDS Whereas, the Federai Home Loan Bank has pubiished notice of availability of funds under the Affordable Housing Program; and Whereas, local member FHLB lending institutions have agreed to submit an application for these funds, for a program of homeownership assistance to lower~income households; and Whereas, the City's Consolidated Plan promotes the objectives of homeownership assistance and stabilization of target neighborhoods; and Whereas, provision of homeownership opportunities to the Cijy's working families is a necessary complement to on-going economic development efforts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The Mayor is hereby authorized to execute this resolution in sponsorShip of an application to the Federal Home Loan Bank for Affordable Housing Program funds, to assist lower-income families to purchase homes. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fringe Area Policy Agreement: Communication to the Dubuque County Board of Supervisors regarding the adoption of the Fringe Area Policy Agreement, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Lead Hazard Reduction Program Contract: City Manager recommending approval of an amended contract with the US Department of Housing and Urban Development (HUD) for administration of the Lead Hazard Reduction Program, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 106-04 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 ( 6 Month License) Baseball Dreamers LLC Baseball Dreamers+ Regular Session, March 15,2004 95 (Sunday/Outdoor Saie) Admiral Sheehy Dr Passed, approved and adopted this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 107-04 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 following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Jamis LLC Ground Round+ (Sunday Sale) 50 JFK Rd City of Dubuque Bunker Hill Golf+ (Sunday/Outdoor Sale) 2200 Bunker Hill Yardarm, Inc. Yardarm Restr.+ (Sunday/Outdoor Saie) 1201 Shiras Ex!. Dubuque Inn Corp Days Inn + (Sunday/Outdoor Sale) 1111 Dodge Passed, approved and adopted this 15th day of March, 2004 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Utility Franchise Agreement with Maquoketa Valley Electric Cooperative: City Manager recommending that a public hearing be set for April 5, 2004 to consider a Utility Franchise Agreement with Maquoketa Valley Electric Cooperative to be effective May 1, 2004, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 108-04 SETTING A PUBLIC HEARING ON A FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MAQUOKETA VALLEY ELECTRIC COOPERATIVE NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on a proposed Franchise Agreement between the City of Dubuque, Iowa and Maquoketa Valley Electric Cooperative at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Monday, April 5, 2004, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law. Passed, approved and adopted this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution with public hearing to be 4/5/04 at a meeting to commence at 6:30 P.M. in the public iibrary auditorium and that the City Clerk pubiish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Amendment to Utility Franchise Agreements with Aquila and Aliiant Energy: City Manager recommending that a public hearing be set for April 5, 2004 to consider approvai of an amendment to the Utility Franchise Agreements with Aquila and Alliant Energy to provide that the franchise fee applies to all sales of gas or electricity to residentiai customers regardless of sales tax exemptions, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 109-04 SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE FRANCHISE AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AQUILA NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on a proposed amendment to the Franchise Agreement between the City of Dubuque, Iowa and Aquila at the Came\l,ie Stout Public Library Auditorium, 360 West 11 Street, Dubuque, Iowa, on Monday, April 5, 2004, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law. Passed, approved and adopted this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 4/5/04 at a meeting to commence at 6:30 P.M. in the public iibrary auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 96 Regular Session, March 15,2004 RESOLUTION NO. 110.Q4 SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ALLIANT ENERGY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on a proposed amendment to the Franchise Agreement between the City of Dubuque, Iowa and Alliant Energy at the Carnegie Stout Public Library Auditorium, 360 West 11'h Street, Dubuque, Iowa, on Monday, April 5, 2004, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the pUblic hearing, according to law. Passed, approved and adopted this 151h day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set pubiic hearing for 4/5/04 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 Nicholson. Motion carried 7-0. Loras Boulevard Historic Lighting Project _ Initiate: City Manager recommending Initiation of the public bidding process for the Loras Boulevard Historic Lighting Project and that a public hearing be set for April 5, 2004, presented and read. Ciine moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 111-04 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 Loras Boulevard Historic Street Lighting Project, in the estimated amount of $135,298.80 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 151h day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 112-04 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 Loras Boulevard Historic Street Lighting Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 51h day of April, 2004, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and piace of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not iess than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 151h day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set public hearing for 4/5/04 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 Nicholson. Motion carried 7-0. RESOLUTION NO. 113-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Loras Boulevard Historic Street Lighting Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, 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 prior to the receipt of said bids at 2:00 p.m. on the 251h day of March, 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 6:30 p.m. on the 5~ day of April, 2004. - Regular Session, March 15, 2004 97 Passed, adopted and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Westbrook Subdivision Water Main and Service Line Extension Project - Phase I: City Manager recommending initiation of the public bidding process for the Westbrook Subdivision Water Main and Service Line Extension Project and that a public hearing be set for April 19, 2004, presented and read. Ciine moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 114.Q4 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 Water Main and Service Line Extension Phase i Project in the estimated amount of $75,000 are hereby approved and ordered filed in the office of the City Cierk for public inspection. Passed, adopted and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 115.Q4 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 pians, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Westbrook Subdivision Water Main and Service Line Phase I Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That a public hearing will be held on the 19th day of April, 2004 at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract or estimated cost of the improvement. Passed, adopted and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Ciine moved adoption of the Resoiution setting hearing for 4/19/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice as prescribed by law. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 116.Q4 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Westbrook Subdivision Water Main and Service Line Extension Phase I Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of security to accompany each bid shall be in the amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be pubiished 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 prior to the receipt of said bids at 2:00 p.m. on the 7th day of April, 2004. Bids shall be opened and read by the City Cierk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 19th day of April, 2004. Passed, adopted and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Ciine moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Com- mission (One 3-Year Unexpired Term Through 10/1/05); Applicant: Sr. Mary Clare O'Toole Zoning Board of Adjustment (One 5-YearTerm Through 3/25/09 - Term of Gasper) Applicant: William M. Gasper Appointments to the following Boards / Commissions: 98 Regular Session, March 15,2004 Community Development Advisory Commission (One 3-Year Term Through 2/15/07 from Low/Moderate Income Area): Applicant: Michael Gukeisen. Michalski moved that Michael Gukeisen be appointed to the Community Development Advisory Commission for a three year term which will expire 2/15/07. Seconded by Nicholson. Motion carried 7-0. Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06): Applicant: Thomas G. Swift. Michalski moved that Thomas G. Swift be reappointed to the Housing Code of Appeals Board for a term to expire 1/11/06. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Buol moved to suspend the rules to allow anyone present to address the Council IT they so desire. Seconded by Markham. Motion carried 7-0. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Nicholson due to possible conflict of interest. Buesing & Associates, Inc. / Tim Quagliano _ Request to Rezone: Proof of publication on notice of hearing to rezone property at the northeast corner of Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General Commercial District and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 6-0. Ken Buesing of Buesing and Associates spoke in favor of the proposed rezoning and stated he would be coming back to the City Council for approval of an access on the Northwest Arterial. An Ordinance Amending Appendix A (the Zoning Ordinance) by reclassifying property located at the northeast corner of Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 14-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI. BED PROPERTY LOCATED AT NORTHEAST CORNER OF THE NORTHWEST ARTERIAL AND ASBURY ROAD FROM AG AGRI- CULTURAL DISTRICT TO C-3 GENERAL COMMERICIAL DISTRICT 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-described property from AG Agricultural District to C-3 General Commercial District, to wit: Lot 2 Salvo-Salas Place, Lot 2-1-1-1 NW 11. SW 11., Lot 1-1-1-3 SW 11. SW 11., N 66' of Lot 2-2-3 SW 11. SW 11., 534' of Lot 2-2-3 and Lot 1-1-2-3 SW 11. SW 11. in Section 16, T89N, R2E of the 51h P.M., and to the centerline of the adjoining pUblic right-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 iaw. Passed, approved and adopted this 151h day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 19~ day of March, 2004. Jeanne F. Schneider, City Clerk 1l3/19 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 carried 6-0. Mayor Duggan retumed and took control of the meeting. South Grandview Avenue - Request to Vacate: Proof of publication on notice of hearing to consider a request from six property owners for the vacating of the northerly portion of an alley west of South Grandview Avenue between Altman Street and Whelan Street and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 117-04 RESOLUTION APPROVING PLATS OF THE NORTHERLY PORTION OF PROPOSED VACATED ALLEY WEST OF SOUTH GRANDVIEW AVENUE BETWEEN ALTMAN STREET (AKA ST. JOSEPH STREET) AND WHELAN STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, the plats dated February 13 and 14, 2004, prepared by Schneider Land Surveying and Planning, Inc. describing the proposed vacated northerly portion of the alley west of South Grandvlew Regular Session, March 15, 2004 99 Avenue between Altman Street (aka St. Joseph Street) and Whelan Street; and Whereas, said plats conform to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plats dated February 13 and 14, 2004, prepared by Schneider Land Surveying & Planning, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of March, 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. An Ordinance Vacating the northerly portion of the alley west of South Grandview Avenue between Altman Street (a/kla St. Joseph Street) and Whelan Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 15.Q4 ORDINANCE VACATING THE NORTHERLY PORTION OF THE ALLEY WEST OF SOUTH GRANDVIEW AVENUE BETWEEN ALTMAN STREET (AKA ST. JOSEPH STREET) AND WHELAN STREET Whereas, Michelle Kenline, Harry A. and Margaret J. Blewett, Grand Estates, LC, Eldon T. and Marjorie E. Herrig, Dubuque Golf & Country Club, and Michael H. Bradley have requested the vacating of the northerly portion of the alley west of South Grandview Avenue between Altman Street (aka St. Joseph Street) and Whelan Street abutting their properties; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of the alley west of South Grandview Avenue between Altman Street (aka St. Joseph Street) and Wheian Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1 A of South Grandview Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the northerly portion of the alley west of South Grandview Avenue between Altman Street (aka St. Joseph Street) and Wheian Street is no longer required for pubiic use, except for utility easements as noted, and vacating of said northerly portion of the alley west of South Grandview Avenue between Altman Street (aka St. Joseph Street) and Whelan Street known as Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1 A of South Grandview Place, in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1 A of South Grandview Piace, in the City of Dubuque, Iowa, be and the same is hereby vacated. 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 water, sewer, drainage, gas, telephone, television cabie, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 151h day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of March, 2004. Jeanne F. Schneider, City Clerk 1\3/19 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 finai consideration and passage of the Ordinance. Seconded by Ciine. Motion carried 7.Q. RESOLUTION NO. 118-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS SA, 9A, 10A, 17A, and 20A OF GRAND VIEW PLACE AND LOT 1A OF SOUTH GRANDVIEW PLACE, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Te11egraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 5th day of March, 2004, the City Council of the City of Dubuque, Iowa met on the 151h day of March, 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 described as: Lots 8A, 9A, 10A, 17 A, and 20A of Grand View Place and Lot 1A of South Grandview Piace 100 Regular Session, March 15, 2004 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 described as follows in the City of Dubuque, Iowa to the petitioners listed below be and the same is hereby approved for the sum of surveying and platting, processing, publication and filing fees. Conveyance shall be by Quit Claim Deed. Michelle Kenline, Lot 8A in Grand View Place Harry A. & Margaret J. Blewett, Lot 9A in Grand View Place Grand Estates, LC, Lot 10A in Grand View Place Eldon T. & Marjorie E. Herrig, Lot 17A in Grand View Place Dubuque Golf & Country Club, Lot 20A in Grand View Place Michael H. Bradley, Lot 1A in South Grandview Place 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized 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 Michelle Kenline, Harry A. and Margaret J. Blewett, Grand Estates, LC, Eldon T. and Marjorie E. Herrig, Dubuque Golf & Country Club, and Michael H. Bradley upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized 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 15'" day of March,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. Seward Street - Request to Vacate: Proof of publication on notice of hearing to consider a request from Gerald and Christine Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition 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. RESOLUTION NO. 119.Q4 RESOLUTION APPROVING PLAT OF PROPOSED VACATED SAC STREET AND TWO ALLEYS NORTH OF SEWARD STREET IN C.H, MEYER'S ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, the plat dated the 16th day of February, 2004, prepared by Schneider Land Surveying and Pianning, Inc. describing the proposed vacated portion of Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition to be hereinafter known as Lot 13A, Lot 16A, and Lot 20A of C.H. Meyer's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plats conform to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated 16th day of February, 2004, prepared by Schneider Land Surveying & Planning, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on beha~ of the City of Dubuque, iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for DUbuque County1lowa. Passed, approved and adopted this 15 h day of March, 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. An Ordinance Vacating Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 16-04 ORDINANCE VACATING SAC STREET AND TWO ALLEYS NORTH OF SEWARD STREET IN C.H. MEYER'S ADDITION Whereas, Gerald Penhollow has requested the vacating of Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing the vacated porlion of Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 13A, Lot 16A, and Regular Session, March 15, 2004 101 Lot 20A in C. H. Meyer's Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition is no longer required for publiC use, and vacating of said Sac Street and two alieys north of Seward Street known as Lot 13A, Lot 16A, and Lot 20A in C. H. Meyer's Addition, in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 13A, Lot 16A, and Lot 20A in C. H. Meyer's Addition, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 151h day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of March, 2004. Jeanne F. Schneider, City Clerk 1\ 3/19 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 carried 7-0. RESOLUTION NO. 120-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 13A, LOT 16A, AND LOT 20A IN C.H, MEYER'S ADDITION, DUBUQUE, 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 the 51h day of March, 2004, the Ci~ Council of the City of Dubuque, Iowa met on 15 day of March 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 described as: Lot 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition 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 described as Lot 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addttion in the City of Dubuque, Iowa, to Gerald Penhollow be and the same is hereby approved for the sum of surveying, platting, plus processing, publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Cierk be and is hereby authorized and directed to deliver said deed of conveyance to Gerald Penhollow upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized 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 151h day of March, 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. Utility Easement - Carter Road Detention Basin: Proof of publication on notice of hearing to consider the vacating of a utility easement in the area of the embankment for the Carter Road detention facility to ensure the structural integrity of the embankment, presented and read. Cline moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 121-04 RESOLUTION DISPOSING OF INTEREST AND VACATE A UTILITY EASEMENT OVER LOT 2 OF WHITES PLACE 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 51h day of March, 2004, the City Council of the City of Dubuque, Iowa met on the 15th day of March, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 W. 111h Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate described as: Utility easement on Lot 2 of Whites Place in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in 102 Regular Session, March 15,2004 real property described as a utility easement on Lot 2 of Whites Place in the City of Dubuque, Iowa as shown on Exhibit A be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to the City of Dubuque. Passed, approved and adopted this 151h day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RELEASE OF UTILITY EASEMENT Whereas, a Utility Easement in Lot 13 of West Ridge 2"' Addition in the City of Dubuque, Iowa, now known as Lot 2 of Whites Place, was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 10082-76; and Whereas, by the actual location of utility services the easement now in Lot 2 of Whites Place as shown on attached Exhibit A is no longer required. NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge a utility easement in Lot 2 of Whites Place in the City of Dubuque, Iowa, as shown on attached Exhibit A, previously filed as Instrument No. 10082-76, in the office of the Recorder of Dubuque County, Iowa; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown in Lot 13 of West Ridge 2"' Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 10082-76. Passed, approved and adopted this 15'" day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nlchoison. Motion carried 7-0. Markham moved that the rules be reinstated limiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Boulder Slide of Eagle Point Bluff: Communication from Carol Sui a and Charles Winterwood, M.D., requesting that the City Council direct the City Manager and staff to investigate the latest boulder slide at Eagle Point Bluff, presented and read. Connors moved to receive and file the communication and have a discussion. Markham seconded. Nicholson stated that any conversation must take place in Closed Session. No vote taken on the motion. Nicholson moved to table discussion on this matter. Seconded by Buol. Carried by the following vote: Yeas-Buol, Duggan, Markham, Nicholson. Nays-Cline, Connors, Michalski. Presentation of Addy Award: City Manager advising that the logo design for the Grand River Center, created by McCullough Creative Group and the City's Logo Design Committee, recently took first place in the Elements of Advertising/Logo category of the local American Advertising Federation competition, commonly known as the Addy Awards and the Logo Design Committee to present the Addy Award to the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Sue Czeshinski and Sue Moran presented the award to the Council. East 9~ and East 11 th Street Connector: Zoning Advisory Commission recommending approval of the renaming of the connector between East 9th and East 11 th Streets to Elm Street as requested by the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Naming a roadway designated as West 911 Connector from East 9th Street to East 11th Street to Elm Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 17-04 AN ORDINANCE NAMING A ROADWAY DESIGNATED AS WEST 911 CONNECTOR FROM EAST 9TH STREET TO EAST 11TH STREET TO ELM STREET Whereas, the City Council desires to provide uniform and appropriate addressing; and Whereas, a roadway that was part of the reconstruction of U.S. 61/151 physically connects to East 91h Street and East 11'" Street and to Elm Street to the north; and Whereas, the roadway was designated as West 911 Connector on plans of the U.S. Highway 61/1515 Freeway Project; and Whereas, the City Council desires to name this roadway as Elm Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the roadway now designated as West 911 Connector from East 9th Street to East 11 th Street be hereinafter named Elm Street. Section 2. That the following parcels, as shown on Exhibit A, be hereinafter named Elm Street: a. The east part of Lot 1-2-2 of City Lot 506 b. Lot 2-1-2 of City Lot 506 Regular Session, March 15, 2004 103 c.The east part of the balance of Lot 2-2-2 of City Lot 506 d. The east part of Lot 2-2-2 of City Lot 506 e. The east part of the balance of Lot 2-1 of City Lot 506 f. The east part of Lot 2-1 of City Lot 506 g. Lot 2-1-1 of City Lot 506 h. The east part of City Lot 505B i. Part of vacated 10th Street between Lot 2- 1-1 of City Lot 506 and Lot 2-2-3 of City Lot 505. j. The east part of Lot 1-1-3 of City Lot 505 k.Lot 2-2-3 of City Lot 505 All in the City of Dubuque, Dubuque County, iowa in accordance with recorded plats thereof; and 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 file notice of the naming of said street with the Recorder, Auditor, and City Assessor of Dubuque County, iowa. Passed, approved and adopted this 15'h day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of March, 2004. Jeanne F. Schneider, City Clerk 113/19 Buoi 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 finaliy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. The following item was removed from the Agenda at the request of the Historic Preservation Commission: Warehouse Demo- lition District. Historic Preservation Commission recommending approval of the establishment of a Warehouse Neighborhood Demolition District and an Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11- 4(a) by creating the Warehouse Neighborhood Demoiition District. Alexander Company - Draft Agreement: City Manager recommending approval of a one-year lease agreement with Alexander Company for development of the former Dubuque Star Brewery Building, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 122-04 APPROVING A LEASE AGREEMENT AND LOAN AGREEMENT FOR THE FORMER STAR BREWERY BETWEEN THE CITY OF DUBUQUE, IOWA AND HISTORIC STAR REDEVELOPMENT LLC Whereas, the City of Dubuque (City) is the owner of the former Star Brewery Building; and Whereas, City has been negotiating with The Alexander Company on the redevelopment of the former Star Brewery Building by Historic Star Redevelopment, LLC; and Whereas, a proposed Lease Agreement and Loan Agreement with Historic Star Redevelopment LLC, copies of which are attached hereto, have been tentatively agreed upon by City and Historic Star Redeveiopment LLC;and Whereas, the City Council finds that entering into the Lease Agreement and Loan Agreement is in the best interests of the City of Dubuque and its citizens. NOW THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE: 1. The attached form of Lease Agreement and Loan Agreement are hereby approved. 2. The Mayor is hereby authorized and directed to execute the Lease Agreement and Loan Agreement on behalf of the City of Dubuque. Passed and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Miller & Van Eaton and CBG Communications - Cable Franchise Renewal: City Manager recommending that the City execute letters of engagement with the Miller & Van Eaton law firm and CBG Communications, Inc. to expand the scope of their services with regard to the cable franchise renewal process, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Cabie Franchise Fee Payment Analysis: City Manager recommending approval' of a contract with Lewis & Associates of Hollywood, Florida, to conduct an analysis of Mediacom's franchise fee payments to the City of Dubuque for calendar years 2002 and 2003, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Fremont Avenue Reconstruction: City Manager recommending award of the contract for the Fremont Avenue Reconstruction Project to WC Stewart Construction Co., in the amount of $739,421.63, presented and read. Cline 104 Regular Session, March 15, 2004 moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- O. RESOLUTION NO. 123-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fremont Avenue Reconstruction Project pursuant to Resolution No. 57-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 13th day of February, 2004. Whereas, said sealed proposals were opened and read on the 4'" day of March, 2004, and it has been determined that the bid of WC Stewart Construction Co. of Dubuque, Iowa, in the amount of $739,421.63 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for In the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to WC Stewart Construction Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to retum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15'" day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Fiscal Year 2005 Budget - Fee Ordinances: City Manager recommending adoption of two ordinances that were inadvertently left off of the agenda for the Fiscal Year 2005 Budget public hearing, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 44-202 Fire Sprinkler Service and Ordinance No. 19-04 Amending Section 32-337 of the City of Dubuque Code of Ordinances Parking Meters Fee Schedule, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 18-04 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-202 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-202. Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on monthly basis. The monthly charge shall be as follows: NUMBER OFMONTHL Y HEADS CURRENT CHARGES Up to 200 (minimum monthly charge)$ 200 - 300.. . . . . . . . . . . . . . . . . .. $ 300 - 400. .................. $ 400 - 600. .................. $ 600 - 800. .................. $ 800 -1,000. ................ $ 1,000 - 1,200. ................ $ 1,200 - 1,400. .. .. . . . . .. . . .. ... $ 1,400-1,600 ................. $ 1,600 - 1,800. . . .. . . . . . . . . . . . .. $ 1,800 - 2,000 .. ............... $ 2,000 - 2,200 .. . .. .. . .. . . .. .... $ 2,200 - 2,400 .. .. . . .. . . . . .. ... $ 2,400 - 2,600 .. .. .. .. .. . . .. . .. $ 2,600 - 2,800. ................ $ 2,800 - 3,000 . .. . . . . . . . . . . . . . .. $ 3,000 - 3,500 . . . . . . .. . .. .. . ... $ Over 3,500 (for each additional 500 heads or fraction thereof. .. . . . $ 2.00 Section 2. This Ordinance shall take effect July 1,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2004. Jeanne F. Schneider, City Clerk 11 3/19 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. 9.95 11.94 13.93 15.91 17.90 19.90 21.89 23.87 25.87 27.86 29.84 31.84 33.80 35.81 37.81 39.84 41.77 OFFICIAL PUBLICATION ORDINANCE NO. 19.04 AMENDING SECTION 32-337 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PARKING METERS FEE SCHEDULE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 32-337 of the City of Dubuque Code of Ordinances in amended to read as follows: Regular Session, March 15,2004 Sec. 32-337. Fee Schedule. Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coins in accordance with the following schedule: (1) One hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of sixty (60) minutes at any one time. (2) Two (2) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of one hundred twenty (120) minutes at anyone time. (3) Four (4) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of four (4) hours at anyone time. (4) Ten (10) hour parking meters shall show legal parking for twenty five cents ($0.25) per hour, but not more than a total of ten (10) hours at anyone time. (5) Twenty (20) minute parking meters shall show legal parking for seventy-five cents ($0.75) per hour, but not more than a total of twenty (20) minutes at anyone time. Section 2. This ordinance shall take effect July 1,2004. Passed, approved and adopted the 15th day of March,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2004. Jeanne F. Schneider, City Clerk 1\ 3/19 Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Markham commented on the proposed Alliant Electric Co. increase and questioned if it was appropriate to have Staff send a letter to the Iowa Utility Board in opposition. Michalski requested that citizens do not send anonymous letters to the City Council. At 7:41 P.M. Nicholson moved to go into Closed Session - Pending Litigation - Chapter 21.5(1 )(c) 2003 Code of Iowa. Seconded by Buoi. Carried by the following vote: Yeas- Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. At 8:14 P.M. Council reconvened stating staff had been given proper direction. 105 There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:15 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1\ 3/24 2004 Attes' ~ 0) f/l-;74/~;:/~/~ 9IY Cierk