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Minutes City Council 9 20 04 - CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, September 20, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson (via telephone), City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Council Member Markham Invocation was given by Sr. Joy Peterson, President of the Sisters of the Presentation Proclamations: Constitution Week (September 17-23, 2004) received by Eileen Coursey; and Crop Walk Day in Dubuque (October 3,2004) CONSENT ITEMS Minutes and Reports Submitted: City Council of 9/7 and 9/13; Transit Board of 5/13; Zoning Advisory Commission of 9/1, upon motion received and filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending August 31,2004 (on file in City Clerk's Office), upon motion received and filed. Printed City Council Proceedings of August, 2004, upon motion received and filed and approved as printed. Library Board of Trustees Update from meeting of September 2, 2004, upon motion received and filed. Notice of Claims/Suits: Milt Avenarius for property damage; Mike Bisdorf for property damage; Lisa Brissey for vehicle damage; Theresa Holland for vehicle damage; Jeff Hoyne for vehicle damage; Ferdinand Krawczuk for vehicle damage; Peak Financial Partners vs. City of Dubuque Housing Services et al; Jeff Reuter for property damage, upon motion received and filed and referred to Legal for investigation. 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: William Brenner for personal injury; Lisa Brissey for vehicle damage; Constance Gibbs for vehicle damage; Ferdinand Krawczuk for vehicle damage; and Jeff Reuter for property damage, upon motion received and filed and concurred. Corporation Counsel recommending that the claim of Theresa Holland for vehicle damage be referred to WC Stewart Construction, Inc., upon motion received and filed and concurred. Arts and Culture Funding: Communications from Jennie Bailey, Executive Director of the Iowa Museum Association; Ron Schardt, 3610 Hillcrest Road; John Duggleby, McFarland, Wisconsin; Randy Etheredge, Trustee - Dubuque Museum of Art; John Schmidt, Vice President - Dubuque Museum of Art; Bob Woodward, Woodward Communications; Randy Lengeling, 1165 Arrowhead Drive; Paul Hemmer, 2375 Simpson; William Intrilligator, Dubuque Symphony Orchestra, in support of funding for the Arts and Culture organizations, upon motion received and filed. Amalgamated Transit Union Local 329: Communication from Waxne Stro~meyer, p.resident of Amalgamated Transit Union Local 329, regarding benefits for part-time Keyhne bus drivers, upon motion received and filed. Stipulation of Settlement: Corporation Counsel submitting the Stipulation of Settlement of two tax assessment appeals, upon motion received and filed. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and Langworthy Historic District have been listed in the National Register of Historic Places effective August 12, 2004, upon motion received and filed. Royal Oaks Condominium Project: City Manager submitting information on the amount of public input the City has received regarding the Royal Oaks Condominium Project, upon motion received and filed. Francine Banwarth spoke requesting a public hearing, citing taxpayer's money spent on this study. Banwarth questioned the Mayor's ability to vote, stating it was a conflict of interest. Lindahl stated that there was no conflict of interest applicable with this particular motion. Michalski moved to receive and file the communication and set a public hearing to discuss plans to repair the bluff. Seconded by Cline. Motion failed due to the following vote: Yeas-Michalski, Cline, Connors. Nays-Buol, Duggan, Nicholson. Employee Assistance Program Services: City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance services for City of Dubuque employees and their family members for Fiscal Year 2005, upon motion received and filed and approved recommendation. Administrative Services Fee Renewal - Workers' Compensation: City Manager recommending approval of the administrative services fee submitted by Alternative Services Concepts (ASC) for administration of the City's workers' compensation claims, upon motion received and filed and approved recommendation. Notice of Intent to Request Release of Funds - Stealth Race Cars Property EDI Project: City Manager recommending approval of the publication of a Notice of Finding of No Significant Impact on the Environment and Intent to Request Release of Funds for the Stealth Race Cars Property Economic Development Initiative (EDI) Project, upon motion received and filed. Michalski moved adoption of Resolution No. 358-04 Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Stealth Race Cars Property EDI Project. Seconded by Cline. Motion carried 6-0. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2003 through June 30, 2004, which is required by the regulations governing the Community Development Block Grant (CDBG) Program, upon motion received and filed. Michalski moved adoption of Resolution No. 359-04 Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2003 and concluding June 30, 2004. Seconded by Cline. Motion carried 6-0. 2 Street Finance Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2004 Street Finance Report for submittal to the Iowa Department of Transportation, upon motion received and filed. Michalski moved adoption of Resolution No. 360-04 Approving the City of Dubuque Fiscal Year 2004 Street Finance Report. Seconded by Cline. Motion carried 6-0. Capital Improvement Program - Request for Reallocation of Funds: City Manager recommending approval of the reallocation of Fiscal Year 2005 Capital Improvement Program funds for expansion of the Americas Hangar at the Dubuque Regional Airport, upon motion received and filed and approved recommendation. Iowa Federal Recreation Trails Program: City Manager communication to the Iowa Federal Recreational Trails Program encouraging support and approval of the City of Farley's request for funding for their Heritage Trail Connection project, upon motion received and filed. Eagle Point Park Pavilions: Communication from the American Institute of Architects, Iowa Chapter (AlA Iowa) advising that Eagle Point Park Shelters have been nominated and selected as notable buildings of the 2010 Century, upon motion received and filed. Sidewalks - Asbury Road: Communication from Bobby Marten submitting a petition to require sidewalks on the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial, upon motion received and filed and referred to the City Manager. Mark Elenz, 2505 Wheatland Drive, spoke stating he was a resident of the Harvest View area, and stressed the need for sidewalks. Professional Services Agreement: City Manager recommending approval of a Professional Services Agreement and payment of $9,898.40 to Steven Ulstad Architects for services and expenses related to the Police Department remodeling project, upon motion received and filed and approved recommendation. KFXA-TV Tower Rental: City Manager recommending approval of the execution of a lease for $12,000 a year with KFXA- TV to rent additional tower space for a second antenna to support the Police Department mobile radio system, upon motion received and filed and approved recommendation. Legislative Correspondence: Communications to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding FEMA reimbursement for flood related damages, upon motion received and filed. Business Licenses: Michalski moved adoption of Resolution No. 361-04 Granting the issuance of Class "C" Beer Permits to Molo Oil Company and Wal-Mart Stores, Inc. and Resolution No. 362-04 Granting the issuance of Class "C" Beer/Liquor License permits to Angie's Bar, Happy's Place, Carlos O'Kellys, Fat Tuesday's, Grand Tap, One Flight Up; Special Class "C" Wine Permit to Grape Harbor; Class "B" Wine Permit to Wal-Mart Supercenter. Seconded by Cline. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (One 3-year unexpired term through 8/17/05) Applicant: Angela Mozena 3 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, September 20, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson (via telephone), City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Council Member Markham Invocation was given by Sr. Joy Peterson, President of the Sisters of the Presentation Proclamations: Constitution Week (September 17-23, 2004) received by Eileen Coursey; and Crop Walk Day in Dubuque (October 3,2004) CONSENT ITEMS Minutes and Reports Submitted: City Council of 9/7 and 9/13; Transit Board of 5/13; Zoning Advisory Commission of 9/1, upon motion received and filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending August 31,2004 (on file in City Clerk's Office), upon motion received and filed. Printed City Council Proceedings of August, 2004, upon motion received and filed and approved as printed. Library Board of Trustees Update from meeting of September 2, 2004, upon motion received and filed. Notice of Claims/Suits: Milt Avenarius for property damage; Mike Bisdorf for property damage; Lisa Brissey for vehicle damage; Theresa Holland for vehicle damage; Jeff Hoyne for vehicle damage; Ferdinand Krawczuk for vehicle damage; Peak Financial Partners vs. City of Dubuque Housing Services et al; Jeff Reuter for property damage, upon motion received and filed and referred to Legal for investigation. 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: William Brenner for personal injury; Lisa Brissey for vehicle damage; Constance Gibbs for vehicle damage; Ferdinand Krawczuk for vehicle damage; and Jeff Reuter for property damage, upon motion received and filed and concurred. Corporation Counsel recommending that the claim of Theresa Holland for vehicle damage be referred to WC Stewart Construction, Inc., upon motion received and filed and concurred. Arts and Culture Funding: Communications from Jennie Bailey, Executive Director of the Iowa Museum Association; Ron Schardt, 3610 Hillcrest Road; John Duggleby, McFarland, Wisconsin; Randy Etheredge, Trustee - Dubuque Museum of Art; John Schmidt, Vice President - Dubuque Museum of Art; Bob Woodward, Woodward Communications; Randy Lengeling, 1165 Arrowhead Drive; Paul Hemmer, 2375 Simpson; William Intrilligator, Dubuque Symphony Orchestra, in support of funding for the Arts and Culture organizations, upon motion received and filed. CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, September 20, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson (via telephone), City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Council Member Markham Invocation was given by Sr. Joy Peterson, President of the Sisters of the Presentation Proclamations: Constitution Week (September 17-23, 2004) received by Eileen Coursey; and Crop Walk Day in Dubuque (October 3,2004) CONSENT ITEMS Minutes and Reports Submitted: City Council of 9/7 and 9/13; Transit Board of 5/13; Zoning Advisory Commission of 9/1, upon motion received and filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending August 31,2004 (on file in City Clerk's Office), upon motion received and filed. Printed City Council Proceedings of August, 2004, upon motion received and filed and approved as printed. Library Board of Trustees Update from meeting of September 2, 2004, upon motion received and filed. Notice of Claims/Suits: Milt Avenarius for property damage; Mike Bisdorf for property damage; Lisa Brissey for vehicle damage; Theresa Holland for vehicle damage; Jeff Hoyne for vehicle damage; Ferdinand Krawczuk for vehicle damage; Peak Financial Partners vs. City of Dubuque Housing Services et al; Jeff Reuter for property damage, upon motion received and filed and referred to Legal for investigation. 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: William Brenner for personal injury; Lisa Brissey for vehicle damage; Constance Gibbs for vehicle damage; Ferdinand Krawczuk for vehicle damage; and Jeff Reuter for property damage, upon motion received and filed and concurred. Corporation Counsel recommending that the claim of Theresa Holland for vehicle damage be referred to WC Stewart Construction, Inc., upon motion received and filed and concurred. Arts and Culture Funding: Communications from Jennie Bailey, Executive Director of the Iowa Museum Association; Ron Schardt, 3610 Hillcrest Road; John Duggleby, McFarland, Wisconsin; Randy Etheredge, Trustee - Dubuque Museum of Art; John Schmidt, Vice President - Dubuque Museum of Art; Bob Woodward, Woodward Communications; Randy Lengeling, 1165 Arrowhead Drive; Paul Hemmer, 2375 Simpson; William Intrilligator, Dubuque Symphony Orchestra, in support of funding for the Arts and Culture organizations, upon motion received and filed. Amalgamated Transit Union Local 329: Communication from Wayne Strohmeyer, President of Amalgamated Transit Union Local 329, regarding benefits for part-time Keyline bus drivers, upon motion received and filed. Stipulation of Settlement: Corporation Counsel submitting the Stipulation of Settlement of two tax assessment appeals, upon motion received and filed. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and Langworthy Historic District have been listed in the National Register of Historic Places effective August 12, 2004, upon motion received and filed. Royal Oaks Condominium Project: City Manager submitting information on the amount of public input the City has received regarding the Royal Oaks Condominium Project, upon motion received and filed. Francine Banwarth spoke requesting a public hearing, citing taxpayer's money spent on this study. Banwarth questioned the Mayor's ability to vote, stating it was a conflict of interest. Lindahl stated that there was no conflict of interest applicable with this particular motion. Michalski moved to receive and file the communication and set a public hearing to discuss plans to repair the bluff. Seconded by Cline. Motion failed due to the following vote: Yeas-Michalski, Cline, Connors. Nays-Buol, Duggan, Nicholson. Employee Assistance Program Services: City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance services for City of Dubuque employees and their family members for Fiscal Year 2005, upon motion received and filed and approved recommendation. Administrative Services Fee Renewal - Workers' Compensation: City Manager recommending approval of the administrative services fee submitted by Alternative Services Concepts (ASC) for administration of the City's workers' compensation claims, upon motion received and filed and approved recommendation. Notice of Intent to Request Release of Funds - Stealth Race Cars Property EDI Project: City Manager recommending approval of the publication of a Notice of Finding of No Significant Impact on the Environment and Intent to Request Release of Funds for the Stealth Race Cars Property Economic Development Initiative (EDI) Project, upon motion received and filed. Michalski moved adoption of Resolution No. 358-04 Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Stealth Race Cars Property EDI Project. Seconded by Cline. Motion carried 6-0. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2003 through June 30, 2004, which is required by the regulations governing the Community Development Block Grant (CDBG) Program, upon motion received and filed. Michalski moved adoption of Resolution No. 359-04 Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2003 and concluding June 30, 2004. Seconded by Cline. Motion carried 6-0. 2 Street Finance Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2004 Street Finance Report for submittal to the Iowa Department of Transportation, upon motion received and filed. Michalski moved adoption of Resolution No. 360-04 Approving the City of Dubuque Fiscal Year 2004 Street Finance Report. Seconded by Cline. Motion carried 6-0. Capital Improvement Program - Request for Reallocation of Funds: City Manager recommending approval of the reallocation of Fiscal Year 2005 Capital Improvement Program funds for expansion of the Americas Hangar at the Dubuque Regional Airport, upon motion received and filed and approved recommendation. Iowa Federal Recreation Trails Program: City Manager communication to the Iowa Federal Recreational Trails Program encouraging support and approval of the City of Farley's request for funding for their Heritage Trail Connection project, upon motion received and filed. Eagle Point Park Pavilions: Communication from the American Institute of Architects, Iowa Chapter (AlA Iowa) advising that Eagle Point Park Shelters have been nominated and selected as notable buildings of the 20m Century, upon motion received and filed. Sidewalks - Asbury Road: Communication from Bobby Marten submitting a petition to require sidewalks on the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial, upon motion received and filed and referred to the City Manager. Mark Elenz, 2505 Wheatland Drive, spoke stating he was a resident of the Harvest View area, and stressed the need for sidewalks. Professional Services Agreement: City Manager recommending approval of a Professional Services Agreement and payment of $9,898.40 to Steven Ulstad Architects for services and expenses related to the Police Department remodeling project, upon motion received and filed and approved recommendation. KFXA-TV Tower Rental: City Manager recommending approval of the execution of a lease for $12,000 a year with KFXA-TV to rent additional tower space for a second antenna to support the Police Department mobile radio system, upon motion received and filed and approved recommendation. Legislative Correspondence: Communications to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding FEMA reimbursement for flood related damages, upon motion received and filed. Business Licenses: Michalski moved adoption of Resolution No. 361-04 Granting the issuance of Class "C" Beer Permits to Molo Oil Company and Wal-Mart Stores, Inc. and Resolution No. 362-04 Granting the issuance of Class "C" Beer/Liquor License permits to Angie's Bar, Happy's Place, Carlos O'Kellys, Fat Tuesday's, Grand Tap, One Flight Up; Special Class "C" Wine Permit to Grape Harbor; Class "B" Wine Permit to Wal-Mart Supercenter. Seconded by Cline. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (One 3-year unexpired term through 8/17/05) Applicant: Angela Mozena 3 No one spoke. Appointments to the following Boards/Commissions: Civic Center Commission (One unexpired 3-year term through 6/29/06) Applicants: Brian D. Hutchins, Bryce Parks. Upon vote Bryce Parks was appointed to the unexpired three year term which will expire 6/29/06. Housing Advisory Trust Fund Committee (One 3-year term through 9/7107 - Term of J. Walsh) Applicant: John V. Walsh Upon motion John V. Walsh reappointed to a three year term which will expire 9/7/07. Mechanical Code Board (Three 3-year terms through 3/16/07 - Terms of Kelly, Papin and one vacancy) Applicants: Chuck Bandy, David Cleek, Michael P. Kelly, Sean O'Malley, Paul Papin (also on Plumbing Board) Upon vote: Chuck Bandy appointed and Michael P. Kelly and Paul Papin reappointed to three year terms expiring 3/16/07. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council if they so desire. Cedar Lake Plaza Planned Unit Development (PUD) District: Proof of publication on notice of hearing to consider an amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District as requested by Rick Anderson/Anderson/Schaul Carwash Corporation and Zoning Advisory Commission recommending approval, with conditions; Communication from Clark Payne, President of the Turnberry Condominium Owners Association, in opposition to the proposed Cedar Lake Plaza Planned Unit Development (PUD) amendment; Communication from Howard McLean and Dorothy McLean in opposition to the proposed amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District; and communication from Rick Anderson requesting that this item be tabled to October 4, 2004; and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances providing for the amendment of Ordinance 63-97, which adopted regulations for hereinafter described property located at Cedar Lake Plaza, 395 Cedar Cross Road, in a PUD Planned Unit Development District with a PC Planned Commercial designation, presented and read. Cline moved to table action on this item. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Michalski, Nicholson. Nays-None. Abstain-Duggan. 55 West 32nd Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 55 West 32nd Street from AG Agricultural District and R-1 Residential District to HI Heavy Industrial District as requested by North End Wrecking, Inc., and Zoning Advisory Commission recommending approval, with conditions; Communication from Richard Koob, 330 Olympic Heights, in opposition to the proposed rezoning at 55 West 32nd Street; Communication from Paul J. Uhlrich in opposition to the proposed rezoning at 55 West 32nd Street; Communication from AI Hughes, representing residents of the area known as Olympic Heights, in opposition to the rezoning request of Mr. Roger Kunde and submitting a petition signed by the residents, presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 55 West 32nd Street from AG Agricultural District to HI Heavy Industrial District, with conditions, presented and read. Attorney Robert Klauer, North End Wrecking, spoke in favor of the requested rezoning, and gave the zoning history of the property and plans for the area with regards to screening, etc. 4 Hope Huseman, 245 Olympic Heights, Paul Uhlrich, 489 Olympic Heights, Bill Link, 800 Hawkeye Heights, Herman Nauman, 245 Olympic Heights, and Richard Koob, 330 Olympic Heights, all spoke in opposition to the proposed rezoning. Attorney AI Hughes, 1154 Iowa, spoke in opposition and distributed an aerial drawing of the property, requesting also that the cars up on the hill be removed. Staff and Jeff Stiles, Chair of the Zoning Advisory Commission, spoke clarifying aspects of the proposed rezoning. Roger Kunde, of North End Wrecking, spoke requesting the rezoning to allow expansion of his business. He stated he was told by the City that it was his property and he could level it off and fence the property. Buol moved to receive and file the documents and deny the rezoning. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Michalski. Nays-None. Abstain-Nicholson. 3366 Crescent Ridge - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 3366 Crescent Ridge from R-1 Residential District to CS Commercial Service District as requested by Burt Steve & Sons Garage and Zoning Advisory Commission recommending approval, with conditions, upon motion received and filed. Attorney Mike Coyle, representing the Steve family, spoke requesting the rezoning. He stated that the property was annexed into the City as Residential in 1979 and the project was scaled back to only the area that was necessary. Ordinance No. 66-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3366 Crescent Ridge from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District, with conditions, presented and read. 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 Cline. Motion carried 6-0. 2018 Grace Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2018 Grace Street from R-1 Residential District to ID Institutional District as requested by the University of Dubuque, and Zoning Advisory Commission recommending approval, upon motion received and filed. Tracey Wagner, of the University of Dubuque, spoke in support of the rezoning. Ordinance No. 67-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2018 Grace Street from R- 1 Single-Family Residential District to ID Institutional District, presented and read. 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 6-0. 2184 Bennett Street - Request to Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 2184 Bennett Street from R-1 Residential District to ID Institutional District as requested by the University of Dubuque, and Zoning Advisory Commission recommending approval, upon motion received and filed. Tracey Wagner, of the University of Dubuque, spoke in support of the rezoning and stated the property would be used to house the ROTC offices. Ordinance No. 68-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2184 Bennett Street from 5 R-1 Single-Family Residential District to ID Institutional District, presented and read. 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 Michalski. Motion carried 6-0. 300 - 400 South Locust - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 300 - 400 South Locust from LI Light Industrial to C-3 General Commercial District as requested by Hy-Vee, Inc., and Zoning Advisory Commission recommending approval, upon motion received and filed. Randy Downs of the Hy-Vee Engineering Department spoke in favor of the proposed rezoning. Ordinance No. 69-04 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 300 South Locust Street from LI Light Industrial District to C-3 General Commercial District, presented and read. Connors 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 Cline. Motion carried 6-0. HI Heavy Industrial District - Text Amendment: Proof of publication on notice of hearing to consider a text amendment to add retail sales and service as a conditional use in the HI Heavy Industrial District as requested by Tschiggfrie Excavating, and Zoning Advisory Commission recommending approval, upon motion received and filed. Ed Tschiggfrie, 400 Julien Dubuque Drive, spoke in favor of the proposed text amendment. Ordinance No.70-04 Amending Section 3-4.2(d) of the City of Dubuque Code of Ordinances by adding retail sales and service use as a conditional use in the HI Heavy Industrial Zoning Districts, presented and read. 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 Cline. Motion carried 6-0. Railroad Avenue - Request to Vacate: Proof of publication on notice of hearing to consider a request from Hy-Vee to vacate a portion of Railroad Avenue and City Manager recommending approval and that the purchase price be established at $100,000, plus the relocation of all utilities, platting, publication and filing fees, upon motion received and filed. Connors moved adoption of Resolution No. 363-04 Approving plat of proposed vacated Railroad Avenue from Locust Street to Harrison Street. Seconded by Cline. Motion carried 6-0. Ordinance No. 71-04 Vacating Railroad Avenue from Locust Street to Harrison Street, presented and read. Connors 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 Cline. Motion carried 6-0. Connors moved adoption of Resolution No. 364-04 Disposing of City interest in Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 6-0. Associates Drive - Request to Vacate: Proof of publication on notice of hearing to consider a request from THE CU-LlNK, Inc., to vacate and purchase a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 and City Manager recommending approval and that the purchase price be established at $6,231, plus platting, publication and filing fees, upon motion received and filed. 6 Buol moved adoption of Resolution No. 365-04 Approving plat of proposed vacated portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2. Seconded by Connors. Motion carried 6-0. Ordinance No. 72-04 Vacating a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2, presented and read. 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 6-0. Buol moved adoption of Resolution No. 366-04 Disposing of City interest in Lot 8A of Medical Associates Subdivision No.2, Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. Fiscal Year 2005 Budget Amendment: Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2005 budget and City Manager recommending approval, upon motion received and filed. Connors moved adoption of Resolution No. 367-04 Amending the current budget for the Fiscal Year ending June 30, 2005. Seconded by Michalski. Motion carried 6-0. 2004 Curb Ramp Installation - CDBG Project #2: Proof of publication on notice of hearing on the 2004 Curb Ramp Installation - CDBG Project #2 and City Manager recommending award of the contract to Skyline Construction in the amount of $31,830, upon motion received and filed. Michalski moved adoption of Resolution No. 368-04 Adopting plans and specifications and Resolution No. 369-04 Awarding contract. Seconded by Buol. Motion carried 5-0 with Cline briefly out of the room. Marshall Park Sanitary Sewer Extension Project: Proof of publication on notice of hearing on the Marshall Park Sanitary Sewer Extension Project and City Manager recommending award of the contract to Fondell Excavating in the amount of $89,766, upon motion received and filed. Buol moved adoption of Resolution No. 370-04 Adopting plans and specifications and Resolution No. 371-04 Awarding contract. Seconded by Michalski. Motion carried 6-0. Arboretum Entrance Road Construction Project: Proof of publication on notice of hearing on the Arboretum Entrance Road Construction Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $107,601, upon motion received and filed. Cline moved adoption of Resolution No. 372-04 Adopting plans and specifications and Resolution No. 373-04 Awarding contract. Seconded by Connors. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Code of Ordinances - Chapter 5 - Alcoholic Beverages: City Manager recommending approval of two ordinance changes to help reduce the availability and over-indulgence of alcohol; communication from Rick Merfeld, Director of Residence Life - University of Dubuque; Tammy S. Walsh, Dean of Student Life at the University of Dubuque; and Dean Nelson of the Dubuque Area Substance Abuse Coalition, in support of the proposed ordinances, upon motion received and filed. Kevin Menning, of One-Flight Up, spoke in opposition to the proposed Ordinances, stating that the Task Force had not sufficiently studied the problem to determine how the drink specials were run. He further stated that the ordinances, as written, would not resolve any existing problems and were not fair to the majority of drinking establishments. 7 An Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer and an Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the licensed premises is closed, presented and read. After discussion, Buol moved to consider this the first reading of the Ordinances. Seconded by Michalski. Motion carried 6-0. Iowa Highway 32 (Southwest Arterial) - Phase I Consultant Selection (Tabled on September 7, 2004): Upon motion the item was removed from the table. City Manager submitting additional information regarding the inclusion of a construction contractor on the engineering consultant project team for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project and recommending approval of Earth Tech Consulting Engineers as the consultant for the project; City Manager recommending approval of the selection of Earth Tech, Inc., partnered with Durrant Architects, as the consultant for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project, presented and read. Cline moved to receive and file the documents and approve the selection of Earth Tech, Inc. partnered with Durrant Architects. Seconded by Michalski. Motion failed due to the following vote: Yeas-Connors, Duggan, Nicholson. Nays-Buol, Cline, Michalski. Council discussed the criteria of the RFP's, the process approved by the State, the creativity used by Earth Tech and the possibility of re-starting the process of issuing another Request for Proposals. Roger Walton, Iowa Department of Transportation, explained that the process used for this Request for Proposals was the same as IDOT consistently used. He stressed that these are proposals - not plans and specifications for the project and that creativity was one aspect they looked for in the proposals. Bob Lentz from Earth Tech spoke clarifying some of the facts. After discussion, Michalski moved to reconsider the motion. Seconded by Buol. Carried by the following vote: Yeas-Buol, Connors, Duggan, Michalski, Nicholson. Nays-Cline. Michalski moved to receive and file the documents and approve the selection of Earth Tech, Inc. partnered with Durrant Architects. Seconded by Connors. Carried by the following vote: Yeas- Buol, Connors, Duggan, Michalski, Nicholson. Nays-Cline. Downtown Conservation District - Dubuque Community School District (Third Reading): Communication from John Burgart, Dubuque Community School Superintendent, regarding the School District request, upon motion received and filed. Ordinance No. 73-04 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding the Downtown Neighborhood Conservation District, presented and read. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Carried by the following vote: Yeas-Buol, Connors, Duggan, Nicholson. Nays-Cline, Michalski. Downtown Conservation District Regulations: City Manager recommending approval of procedures for review of Conservation District projects of state and other local governmental units, upon motion received and filed. Ordinance No. 74-04 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding Conservation Districts, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council 8 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 Buol. Motion carried 6-0. Dubuque Community School District: Communication from John Burgart, Superintendent of the Dubuque Community School District, expressing appreciation to the City for providing playground improvements and equipment at Bryant and Table Mound Elementary Schools, upon motion received and filed. Commission on Accreditation for Law Enforcement Agencies: Communication from the Commission on Accreditation for Law Enforcement Agencies advising that the City of Dubuque Police Department has been awarded Reaccreditation status, upon motion received and filed. At 10:02 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)U) 2003 Code of Iowa. At 10:14 P.M. Council reconvened Regular Session. There being no further business, upon motion meeting adjourned at 10:15 P.M. ~.. .----~ /; / ':444..( # c:;;/~ -<' hA'~ eanne F. Schneider, CMC .~--- City Clerk 11 9/29 9