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2004 June Council Proceedings Special Session, June 1, 2004 207 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, June 1, 2004 Council met in Special Session at 5:00 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsei Barry Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of setting a public hearing on the Dubuque Racing Association Lease Agreement. Dubuque Racing Association Lease Agreement: City Manager recommending that a public hearing be set for June 7, 2004 to consider a lease agreement between the City of Dubuque and the Dubuque Racing Association for a term of April 1, 2004 through March 31, 2014 for operation of the Dubuque Greyhound Park and Casino, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 223-04 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DUBUQUE RACING ASSOCIATION, LTD Whereas, the City of Dubuque, Iowa (City) owns certain real property shown on Exhibit A attached hereto known as Dubuque Greyhound Park and Casino; and Whereas. City and Dubuque Racing Association, LTD.. an Iowa nonprofit corporation (Association), have previously entered into a lease for the Dubuque Greyhound Park and Casino which lease has now expired; and Whereas. City and Association now desire to enter into an Amended and Restated Lease Agreement for the Dubuque Greyhound Park and Casino, a copy of which is now on file at the Office of the City Clerk, City Hall, 13'h and Central Ave., Dubuque, Iowa, which provides among other things for a term terminating on March 31,2014; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Amended and Restated Lease Agreement. 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 intends to dispose of the City's interest in the foregoing-described real property pursuant to the Amended and Restated Lease Agreement between City and Association, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th & Central Ave., Dubuque, Iowa. Section 2. The City Cierk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 7'h day of June, 2004, at 6:30 o'clock p.m. at the public library auditorium, 11 th & Locust, Dubuque, Iowa. Passed, approved and adopted this 1" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for Public Hearing on 617/04 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. There being no further business, Nicholson moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 5:02 P.M. 11 6/9 /s/ Jeanne F. Schneider, CMC City Clerk 208 Special Session, June 1, 2004 Approved: September 7, 2004 Adopted: September 7, 2004 Joyce Connors Patricia Cline John H. Markham Ann E. Michalski Dan Nicholson Roy D. Buol Council Members Attest: Jeanne F. Schneider, City Clerk Regular Session, June 7, 2004 209 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, June 7, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Barry Lindahl Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. invocation was given by Reverend Doctor Katherine Achtemeier, Pastor, First Presbyterian Church. Proclamations: Rising Stars Independent League Days (June 12 and 13, 2004). CONSENT ITEMS Minutes and Reports Submitted: Cable TV Regulatory Commission of 5/12; Cable TV Teleprogramming Commission of 5/4; City Council of 5/17 and 6/1; Civil Service Commission of 3/4; Community Development Advisory Commission of 5/12; Environmental Stewardship Advisory Commission of 5/4; Five Flags Commission of 3/15; Housing Code Appeals Board of 4/20; Housing Commission of 4/27; Long Range Planning Commission of 5/19; Park and Recreation Commission of 5/11; Zoning Advisory Commission of 4/7, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0 Proof of publication of City Council Proceedings of 5/3, presented and read. Buol moved that the proof be received and filed. Seconded by Markham. Motion carried 7-0 Printed Council Proceedings for February, 2004, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Markham. Motion carried 7-0. City of Dubuque Financial Reports for month ending April 30, 2004, presented and read. Buol moved that the reports be received and filed. Seconded by Markham. Motion carried 7- 0 Notice of Claims/Suits: Sandra G. Adams for personal injury; William Feiderman for property damage; Patrick Heiderscheit for spousal consortium loss; Dale Hefel for property damage; Charles N. and/or Vonda L. Hosch for vehicle damage; Kennedy Mall for property damage; Jodi McDonell for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Patrick Heiderscheit for spousal consortium loss; Charles Nand/or Vonda L. Hosch for vehicle damage; Kennedy Mall for property damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending that the claim of Dan Gaile for vehicle damage be denied, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Citizen Communications: Communication of Steven Boge, Kane Development Corporation, requesting City acceptance of the public utility improvements in Pine Knoll Subdivision, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Request of THE CU LINK, Inc., to purchase a portion of City-owned property in Associates Park, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Communication of Timothy J. Quagliano, QHQ Properties, requesting acceptance of all public improvements completed in Holliday Drive First Addition, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Visiting Nurse Association: Communication from Nan Colin, Director of the Visiting Nurse Association, expressing appreciation to the City for approval of the Fiscal Year 2005 Community Partnership Grant for the VNA Elderly Home- Based Oral Health Program, presented and 210 Regular Session, June 7, 2004 read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Montgomery Watson HarzarThiele Geotech, Inc. Monitoring Well Installations: City Manager recommending approval of a License Agreement Right-of-Way for Site Assessment for Montgomery Watson Harza (MWH) and Thiele Geotech, Inc. to install monitoring wells within the City right-of-way at the area surrounding the former Eagle Window facility at 375 East 9th Street, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 224-04 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THIELE GEOTECH, INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY SURROUNDING THE FORMER EAGLE WINDOW SITE OF 375 EAST 9TH STREET Whereas, Thieie Geotech, Inc. on behalf of Montgomery Watson Harza (MWH) and Metaldyne has requested permission from the City of Dubuque to install monitoring wells on City right-of-way at the former Eagle Window site of 375 East 9th Street in Dubuque, Iowa, for the purpose of assessing the extent that pentachlorophenol (PCP) has impacted groundwater; and Whereas, the License Agreement Rlght-of- Way for Site Assessment has been prepared outlining the responsibilities of Thiele Geotech, Inc. in the installation of the monitoring wells on public right-of-way; and Whereas, the performance of the activities of Thiele Geotech, Inc. will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right- of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Right- of-Entry for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 7'h day of June, 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. Heritage Traii Extension Project: City Manager recommending acceptance of the Heritage Trail Extension Project as compieted by Tschlggfrie Excavating, Inc., in the final contract amount of $522,830.31, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 225-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Heritage Trail Extension Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Intermodel Surface Transportation Efficiency Act (ISTEA) Transportation Enhancement Grant, the REAP Grant, and the General Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buoi moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 226-04 FINAL ESTIMATE Whereas, the contract for the Heritage Trail Extension Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $565,864.53 and the said amounts shall be paid from the Intermodel Surface Transportation Efficiency Act (ISTEA) Transportation Enhancement Grant, the REAP Grant, and the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 7'h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, June 7, 2004 211 Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Holliday 3" Addition - Detention Basin Requirements: City Manager recommending approval of a service agreement with QHQ Properties whereby the City will provide detention basin services for a fee in the amount of $62,250, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Fiscal Year 2005 Wage Plan and Compensation Package for Non-Bargaining Unit Employees: City Manager recommending approvai of the Wage Plan and Compensation Package for Non-Bargaining Unit Employees for Fiscal Year 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- 0 RESOLUTION NO. 227-04 APPROVING THE WAGE PLAN COMPENSATION PACKAGE FOR BARGAINING UNIT EMPLOYEES FISCAL YEAR 2005 Whereas, in order to address the salaries of Department Managers and other professional positions, a new Non-bargaining Unit Wage Pian for General Employee classifications, which provides for a 5.5% differential between pay steps and a 5.5% differential between salary ranges was implemented on July 1, 2002; and Whereas, the Fiscal Year beginning July 1, 2004, will be the third and final year of the implementation schedule for the new Non- bargaining Unit Wage Plan for General Employees; and Whereas, the City Manager has recommended that the Non-bargaining Unit Wage Plan for General Employee classifications and the Non- assigned classifications of Assistant City Attomey, City Solicitor, Airport Operations Specialist, Assistant Golf Professional and Snack Bar Manager be Increased by 3% across- the-board effective July 1, 2004; and Whereas, the City Manager has recommended that the Non-bargaining Unit Wage Plan for Non- assigned classifications, with the exception of Mayor, City Council Members, Assistant City Attomey, City Solicitor and Airport Operations Specialist, Assistant Golf Professional and Snack Bar Manager be increased by 3.47% across-the-board effective July 1, 2004; and Whereas, the City Council provides a compensation package to Non-bargaining Unit employees similar to the compensation package to be received by Bargaining Unit employees; and AND NON- FOR Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with the wage increase to be received by employees represented by the Firefighter's Association and Police Association bargaining units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Non-bargaining Unit Wage Plan for General Employees and Non-assigned classifications is hereby approved. Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Public Safety Dispatcher, presented and read. May 19, 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 Public Safety Dispatcher was conducted on March 25, 2004. We hereby certify that the individuals listed below have 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. PUBLIC SAFETY DISPATCHER Amy S. Amberg Jason C. Bickal Jessica M. George Respectfully submitted, Is/ Merie Duehr, Chairperson Isl Loras Kluesner /sl Richard Wertzberger Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. Legislative Correspondence: Communications from Senator Tom Harkin regarding the Internet Tax Freedom Act, presented and read. Buol moved that the communication be received and fiied. Seconded by Markham. Motion carried 7- O. Jackson Park - Hoffmann Schneider Funeral Home Lease Agreement: Communication from David L. Hammer and Angela C. Simon regarding the lease for a portion of Jackson Park; City Manager recommending approval of the termination of the lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park at the request of Jim Schneider, 212 Regular Session, June 7, 2004 presented and read. Michalski moved that the communication be received and filed and approved termination of lease. Seconded by Markham. Motion carried 7-0. Concrete Repair Project on Kerper Boulevard and North Grandview: City Manager recommending acceptance of the Concrete Repair Project on Kerper Boulevard and North Grandview as completed by Drew Cook and Sons Excavating Company, Inc., in the final contract amount of $111,855.64, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 228-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Concrete Repairs on Kerper Boulevard and North Grandview have been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2002 and 2003 1% Local Option Sale Tax Funds in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7'h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 229-04 FINAL ESTIMATE Whereas, the contract for the Concrete Repairs on Kerper Boulevard and North Grandview have been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $112,759.61 and the said amount shall be paid from the Fiscal Year 2002 and 2003 1% Local Option Sales Tax Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 7'h day of June, 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. Eastem iowa Clan Lab Task Force - 28E Agreement: City Manager recommending approval of the Police Department entering into a 28E Agreement with the newly formed Eastern Iowa Clan Lab Task Force, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources regarding the recent inspection of the Dubuque Regional Airport Wastewater Treatment Facility, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Dubuque Community School District: Communication from the Dubuque Community School District requesting that the City share in the cost of intersection improvements associated with the new Middle School at Radford RoadlRadford Court and City Manager recommending approval to do the design and inspection work of intersection Improvements associated with the new Middle School in partnership with the School District, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Proposed Downtown Elementary School Traffic Study: Communication from the Dubuque Community School District requesting that the City vacate 12'h Street between Central Avenue and White Street and the alleys between 11th Street and 13th Street between Central Avenue and White Street and City Manager recommending that the Dubuque Community School District be asked for a Traffic Study prior to final consideration of this request, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. City of Dubuque's Non-Discrimination Policy: Communication from the leadership team of the Sisters of St. Francis of Dubuque encouraging the City Council to take positive action on the Regular Session, June 7, 2004 213 request of the Dubuque Human Rights Commission to include sexual orientation as a protected class in the City's non-discrimination policy, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Busted LIft Outdoor Service Agreement: City Manager recommending approval of a Lease Agreement between the City of Dubuque and John Finn for the use of public right of way for outdoor service at the Busted Lift, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Proposed Shelter, Bench and Sign Design for Trolley Stops: Historic Preservation Commission recommending approval of the City of Dubuque Transit Division's proposed design of shelters, benches and signs for trolley stops, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Historic Bluffs Neighborhood Association: Historic Preservation Commission recommending approval of a request from the Historic Biuffs Neighborhood AssociationlCity of Dubuque to replace benches and waste receptacles and to repaint light poles in Avon Park, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Grandview Avenue Parkway Demolition District: Communication from Chris Wand, Chairperson of the Historic Preservation Commission, regarding the Grandview Avenue Parkway Demolition District, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 City Development Board: City Manager recommending approval of a resolution in support of the City Development Board's conditional approval of the City's voluntary annexation request for approximately 704.5 acres and support to sever six parcels of land from Dubuque to Asbury, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 230-04 RESOLUTION IN SUPPORT OF CITY DEVELOPMENT BOARD'S CONDITIONAL APPROVAL OF VOLUNTARY ANNEXATION OF TERRITORY TO DUBUQUE Whereas, the City Council of the City of Dubuque, Iowa has approved the annexation of approximately 704.5 acres of territory to the City of Dubuque, Iowa; and Whereas, the City Development Board of the State of Iowa has approved the annexation of this territory to the City of Dubuque, Iowa, upon condition that the City of Dubuque make every reasonable effort to secure an agreement with the City of Asbury and the owners of parcels listed in the record, those parcels being: Parcel 13-j, Parcel 13-k, Parcel 13-1, Parcel 13-m, Parcel 1, and that part of Parcel 2 lying north of Asbury Road to provide for severance of those parcels from Dubuque and the annexation of those parcels into Asbury, and then further, no later than October 4, 2004, that the City of Dubuque report to the Board the status of the City's efforts to secure an agreement providing for the severance of the above listed parcels and their annexation to Asbury; and Whereas, the City of Dubuque intends to make all reasonable, good faith efforts to work with the affected property owners and the City of Asbury to comply with the City Development Board's conditional approval of the voluntary annexation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to convey to the Mayor of Asbury that the City of Dubuque will make all reasonable, good faith efforts to work with the affected property owners and the City of Asbury to sever Parcel 13-j, Parcel 13-k, Parcel 13-1, Parcel 13- m, Parcei 1, and that part of Parcel 2 lying north of Asbury Road from Dubuque and to have those parcels voluntarily annexed to Asbury. Section 2. That the City Manager is hereby authorized to Initiate discussions with the Mayor of Asbury and the affected property owners, and to file a report with the City Council and the City Development Board no later than October 4, 2004 on the status of the City's efforts to secure an agreement providing for the severance of the above listed parcels and their annexation to Asbury. Section 3. That the City Clerk shall file this resolution with the City Deveiopment Board. Passed, approved and adopted this 7th day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. National League of Cities: Communication from the National League of Cities congratulating the City of Dubuque on the inclusion of the America's River project in the 214 Regular Session, June 7, 2004 National League of Cities' Examples of Programs for Cities database, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Parking Ramp Structural Analysis Contract: City Manager recommending approval of a contract with Desmond Associates for the Iowa and Locust Street Parking Ramps Structural Analysis in the amount of $18,300, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 231-04 RESOLUTION APPROVING CONTRACT WITH DESMOND ASSOCIATES FOR A STRUCT- URAL ANALYSIS OF THE IOWA AND LOCUST STREET RAMPS Whereas, the City of Dubuque has taken proposals from consultants for a structural analysis of the Locust and Iowa Street Ramps; and Whereas, a selection committee of City staff has reviewed the proposals and is recommending the City contract with Desmond Associates; and Whereas, the cost of the analysis is budgeted in the City's Capital Improvement program in the Parking Construction Fund, NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal of Desmond Associates is hereby accepted and approved. Section 2. That the City Manager prepare and execute a contract with Desmond Associates in the amount of $18,300 for a structural analysis of the Iowa and Locust Street parking ramps. Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Library Emergency Back-Up Lighting System: City Manager advising of the emergency repairlreplacement of the Library back-up lighting system, presented and read. Buol moved that the communication be received and filed and approved emergency repair. Seconded by Markham. Motion carried 7-0. Family Self-Sufficiency and Homeownership Program Coordinators: City Manager recommending approval of an application to the US Department of Housing and Urban Development (HUD) for funds to renew the current Family Self-Sufficiency Program Coordinator position, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Oak Park Place - Final Plat: City Manager recommending approval of the final plat of Oak Park Place, as requested by Oak Park Place of Dubuque, LLC, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 232-04 A RESOLUTION APPROVING THE FINAL PLAT OF OAK PARK PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a finai plat of Oak Park Place in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Oak Park Place (Lot A) and Oak Park Court (Lot B), together with certain public utility easements, which the owners by said final plat have dedicated to the public forever; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; 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 Oak Park Place (Lot A) and Oak Park Court (Lot B), together with the easements for public utilities as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Oak Park Place 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 Oak Park Place (Lot A) and Oak Park Court (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 sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Regular Session, June 7, 2004 215 Dubuque standard specifications, ail 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 resoiution, 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 Oak Park Place of Dubuque, LLC, 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 3. Sidewalk installation shall be the responsibility 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 until the development of the lot has been completed, except as required herein. In sparseiy developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon deveiopment of 80% of the lots approved by the plat. Section 4. 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 Standards and Specifications and accepted by City Council Resolution. Section 5. That in the event Oak Park Place, LLC. 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 shali be null and void and the acceptance of the dedication and approval the piat shall not be effective. Passed, approved and adopted this 7'h day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Liquor License Transfer: Dubuque County Historicai Society requesting to transfer their liquor license to the Ham House on July 4, 2004, presented and read. Buol moved that the communication be received and filed and approved transfer request. Markham. Motion carried 7-0. Seconded by Business License Refund: Request of Raymond Sanders, Sugar Ray's BBQ, for a refund of his beer and liquor combination ilcense In the amount of $168.75, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 233-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the foliowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 52 Renewals 5 Point Mart Sinclair Five Point Mart Inc. 405 Rhomberg Av Mulgrew Oil Co. 1215E.16thSt Carol Meyer 2600 Central Av Mulgrew Oil Co. 3300 Asbury Rd Beecher Co. 1691 Asbury Rd Molo Oil Co. 2100 JFK Rd Molo Oil Co. 9th & Central Av Molo Oil Co. 1875 JFK Rd Casey's General Store # 2420 Casey's Marketing Co 2699 Rockdale Rd Casey's General Store # 2421 Casey's Marketing Co 4003 Peru Rd Cedar Cross Amoco L B Metcalf Inc 1200 Cedar Cross Rd Shreeji Services, Inc 700 Rhomberg Av William Kramer 900 Central Av Deborah 395W. 9th St Beverly A Larsen 3050 Asbury Rd Jeffrey A. Streinz 2175 Central Av Cindy A. Oliver 555 JFK Rd Dubuque Greyhound Park Dubuque Racing Assoc. 1855 Greyhound Park Dr Easy Street Jason Winter 431 Rhomberg Av 16th St Auto Truck Plaza A & B Tap Asbury B P Foodshop Beecher Co. Big 10 Mart Big 10 Mart Big 10 Mart Clark Cuemasters Billiards Dempsey'sIMolly's Pub & Grub Clifford Denny's Lux Club Dubuque Discount Gas # 2 Dubuque Mining Co. 216 Family Mart, Inc. Regular Session, June 7, 2004 Family Mart, Inc. 3201 Central Av Hartig Drug Co. 2225 Central Av Hartig Drug Co. 2255 JFK Rd Hartig Drug Co 1333 Delhi St Hartig Drug Co 157 Main St Pamela Arensdorf 1602 Central Av Iowa Potatoe & Produce 2600 Dodge St Liberty Station LLC 10S. MainSt Molo Oil Co. 1101 Rhomberg Molo Oil Co 2013 Central Av DM Sports Bar Inc 2600 Dodge St Kmart Corp 2600 Dodge St Curtis Gerhard 2186 Central Av Mulgrew Oil Co. 1450 Loras Bivd Bruce & Dawn McCann 690 W Locust Hill Street Plaza 535 Hill St Sahajanand Enterprise 3200 Central Av A& T LLC 2600 Dodge St Rainbo Oil 2335 University Av Rainbo Oil 2297 University Av Rainbo Oil 4039 Pennsylvania Av Rainbo Oil 2320 Hwy 61 Rainbo Oil 2390 Central Av Rainbo Oil 2255 Kerper Blvd Rainbo 011 1401 Central Av Ron's Discount Smokes & Bev. RKM LLC 1701 JFK Rd Beverly Miller 2735 Dodge St Kwik Trip, Inc 806 Wacker Dr Walgreen Co. 2260 JFK Rd Walgreen Co. 555 JFK Rd Wal-Mart Supercenter # 2004 Wal-Mart Stores, Inc 4200 Dodge St Hartig Drug Co # 4 Hartig Drug Co # 3 Hartig Drug Co # 8 Hartig Drug Co # 8 Instant Replay Tobacco World Phillips 66/Arbys Q-Mart Puff n Snuff Puff n Snuff Jumpers Sports BarlGrili Kmart#4018 Knickers Saloon Loras B P Shop Mc Cann's Service Oky Doky # 8 Para Foods Mart Plaza 20 Amoco Kwik Stop C-Stores Kwik Stop C-Stores Kwik Stop C-Stores Kwik Stop C-Stores Kwik Stop C-Stores Kwik Stop C-Stores Kwik Stop C-Stores Sid's Beverage Tobacco Outlet Plus # 504 Walgreens # 06154 Walgreens # 03777 West Locust Mart Lee Potter Sr 408 W. Locust St Chad Streff 1064 University Av Passed, approved and adopted this 7th day of June, 2004. Whiskey River Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 234-04 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 (5 - DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees - Tent A Main St-Town Clock Dubuque Jaycees Dubuque Jaycees - Tent B Main St-Town Clock Dubuque Jaycees Dubuque Jaycees - Tent C Main St-Town Clock CLASS "C" BEER PERMIT Hy-Vee Inc Hy-Vee + (Sunday Sale) 3500 Dodge St Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 235-04 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 James Ferring Dubuque Bowling Lanes+(Sunday Sale) 1029 Y, Main St Clyde P. Mihalakis Regular Session, June 7, 2004 217 Dip Tap 1689 Elm St Jym's Bar+ 1700 Central Av Creslanes Bowling+ 255 S. Main St CLASS "B" WINE Hy-Vee Food Store # 1 3500 Dodge 51 Ooh La La 3460 Hillcrest Rd CLASS "B" NATIVE WINE Teri A. Burdt River City Gift Shop 137 Main St #100 Passed, approved and adopted this day of 2004. Jymie Lyons (Sunday Sale) Creslanes Bowling, Inc (Sunday Sale) Hy-Vee, Inc Creative Touch Gallery, Inc. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Alley Vacating Petition: City Manager recommending that a public hearing be set for June 21,2004 to consider a request from Randy E. and Pamela J. Davis, Benjamin J. Mueller and Margaret M. Mueller to vacate the alley between 825 and 855 Salem Street from Roosevelt to Salem, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 236-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 179A, LOT 180A, AND LOT 181A OF O'NEILL'S ADDITION TO NORTH DUBUQUE, DUBUQUE, IOWA Whereas, Randy E. and Pamela J. Davis, Benjamin J. Mueller, and Margaret M. Mueller have requested the vacating of the alley between 825 and 855 Salem Street from Roosevelt to Salem; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated alley between 825 and 855 Salem Street from Roosevelt to Saiem and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley between 825 and 855 Salem Street from Roosevelt to Saiem is no longer required for public use, and vacating and sale of said alley known as Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque 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 Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 179A of O'Neill's Addition to North Dubuque to Benjamin J. Mueller, Lot 180A of O'Neill's Addition to North Dubuque to Randy E. and Pamela J. Davis, and Lot 181A of O'Neill's Addition to North Dubuque to Margaret M. Mueller, all in the City of Dubuque, Iowa, be contingent upon the payment of the cost of surveying and platting, and publication and filing fees of $100 for each parcel. Section 3. That the City Cierk 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 b~ law. Passed, approved and adopted this 7 h day of June, 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 6/21/04 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. Mediacom Franchise Extension: City Manager recommending that a public hearing be set for June 21, 2004 to consider an additional short- term extension through December 31, 2004 of the existing Mediacom cable franchise and side agreements under the terms currently in effect, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 237-04 A RESOLUTION OF THE CITY'S INTENT TO GRANT A SHORT-TERM EXTENSION OF AN EXISTING CABLE SERVICES FRANCHISE AND AN EXISTING HUB SITE LEASE TO MCCIOWA L.L.C. Whereas, MCClowa, L.L.C. (Mediacom) is the current hoider of a cable services franchise embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 18,2001;and Whereas, one of the side agreements is a lease to Mediacom to build and maintain a network hub on City-owned property located at 1585 West Third Street in Dubuque; and Whereas, the terms of the franchise and of the lease will expire June 30, 2004,and 218 Regular Session, June 7, 2004 Whereas, representatives of the City of Dubuque and of Mediacom have entered into good faith negotiation of tenens and conditions for the renewal of the franchise and the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to extend the term of the cable services franchise and the term of the lease to December 31, 2004 under the same terms and conditions as currently in effect; and Section 2. That the City Clerk is hereby authorized and directed to cause notices to be published of the proposed extension in the manner prescribed by law. Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 6/21/04 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. Petition for Landmark Status - 1339 Alta Vista: Historic Preservation Commission requesting that the petition for landmark status for property located at 1339 Alta Vista be set for a public hearing on August 2, 2004 and that the proposed ordinance and supporting docu- mentation be forwarded to the State Historic Preservation Office and Long Range Planning Advisory Commission recommending denial of the request of David Moessner and Jeanne Stevenson-Moessner to have their property located at 1339 Alta Vista designated as a City (local) Landmark, and an Ordinance Amending Chapter 25 (Historic Preservation Ordinance) of the City of Dubuque Code of Ordinances by amending Section 25-6 Identification and Designation of Landmarks, Landmark Sites and Historic Districts to include the structure at 1339 Alta Vista Street as a City Landmark, presented and read. Cline moved that the communications be received and filed and set this for public hearing on 8/2104 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 foilowing Boards/Commissions: Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07); Applicant: Charles Winterwood. No one spoke. Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Terms of Lyness, Harjehausen, Hoffmann); Applicants: Gary l. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau. Ms. Nadeau spoke requesting consideration for appointment. PUBLIC HEARINGS Buol moved to suspend the rules to allow anyone present to speak. Seconded by MichalskI. Motion carried 7-0. University of Dubuque - Request to Amend Institutional District: Proof of publication on notice of hearing to consider a request from the University of Dubuque to amend the Institutional District to allow a new parking lot on the campus and rezoning property from R-1 Single-Family Residential District to ID Institutional District and Zoning Advisory Commission recommending approval, presented and read. Tracey Wagner and Alan Burr of the University of Dubuque spoke requesting approval of the Ordinance. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances 48-02 and 84-02, which adopted regulations for the University of Dubuque ID Institutional District and approving an amended Conceptual Development Plan for the University of Dubuque ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 36-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES 48-02 AND 84-02, WHICH ADOPTED REGULATIONS FOR THE UNIVERSITY OF DUBUQUE ID INSTI- TUTIONAL DISTRICT AND APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL 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 be amended by providing for the amendment of ordinances 48-02 and 84-02, which adopted regulations for the University of Dubuque ID Institutional District and approving an amended conceptual development plan for the University of Dubuque iD Institutional District, a copy of which is attached to and made a part hereof, to wit: Regular Session, June 7, 2004 219 Lot 2, Lot 4, Lot 9 and 10 of Kuehnle Heights, and Lot 2-64 Finley Waples Burton Addition, and to the centerline of the adjoining public right-of- ways, all in the City of Dubuque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5 (2001) and as an express condition of amending the University of Dubuque ID Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Requlations. The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1) Principal permitted uses shall be limited to: a) Colleges and universities [45J b) Vocational Schools [45J c) Seminaries [45J d) Offices for administrative personnel or other institutional employees and affiliates [14J e) Churches [7]. libraries, and museums [13J f) Classrooms, laboratories, lecture halls, and simiiar places of institutional assembly [45J g) Off-street parking and loading [NAJ h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7] i) Singie-family, two family [11J or multi- family dwellings for the housing of institutional residents or affiliates [gJ 2) Accessory Uses. The following uses shall be permitted as accessory uses in the above- described ID Institutional District: a) Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b) All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3) No conditional uses shall be allowed. [ J Parking requirements as per Section D of this Ordinance. B. Lot and Bulk Reoulations. Deveiopment of land in the ID Institutional District shall be regulated as follows: The proposed parking lot at the southwest corner of McCormick and Finley Streets shall be located in substantial conformance with the attached conceptual development plan and all final site development plans are to be approved Ln in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be estabiished in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1) The proposed parking lot at the southwest corner of McCormick and Finley Streets shall provide a minimum of 70 spaces and be screened from adjacent roadways and residential property. 2) New outdoor lighting for the parking lot shall utilize 72-degree cut-off luminaries. 3) Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 4) All utilities including telephone and cable television shall be installed underground. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parkino Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [gJ 1.5 spaces for each dwelling unit [11] Two spaces for each dwelling unit [14J One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7J One space for each four permanent seats. [13J One space for each five hundred square feet of floor area accessible to the general public. [45J Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner andlor association. F. Sian Requlations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards That all previously approved conceptual deveiopment plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the 220 Regular Session, June 7, 2004 purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. i. Modifications Any modifications of this Ordinance must be approved by the City Council In accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J.Recordina A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within sixty [60] days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all hislher heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 7~ day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 30~ day of July, 2004. Jeanne F. Schneider, CMC, City Clerk 11 7/30 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. Dubuque Racing Association Lease Agreement: Proof of publication on notice of hearing to consider approval of a lease agreement between the City of Dubuque and the Dubuque Racing Association for operation of the Dubuque Greyhound Park and Casino, presented and read. Cline moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. Bruce Wentworth, General Manager of Dubuque Greyhound Park, requested approval of the lease agreement. RESOLUTION NO. 238-04 DISPOSING OF INTEREST IN REAL PROPERTY BY LEASE WITH DUBUQUE RACING ASSOCIATION, LTD. WHEREAS, the City of Dubuque, Iowa (City) owns certain real property known as Dubuque Greyhound Park and Casino; and WHEREAS, City and Dubuque Racing Association, LTD., an Iowa nonprofit corporation (Association), have previously entered into a lease for the Dubuque Greyhound Park and Casino which lease has now expired; and WHEREAS, City and Association now desire to enter into an Amended and Restated Lease Agreement for the Dubuque Greyhound Park and Casino, which provides among other things for a term terminating on March 31, 2014; and WHEREAS, on June 7, 2004, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing Interest in real property and overruled all objections thereto; WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the Amended and Restated Lease Agreement. 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, approves the Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association, LTD., dated March 31, 2004. Section 2. Mayor is hereby authorized and directed to sign this Resolution and the Amended and Restated Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Eagle Point Water Plant ADA Elevator Renovation Project: Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Eagie Point Water Plant ADA Elevator Renovation Project to Klauer Construction Company in the contract amount of $135,991, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 239-04 ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 3rd day of May, 2004 Plans and Specifications, Form of Contract and Estimated Cost were filed with the City Clerk of Dubuque, Iowa for the renovation of the Eagle Point Water Plant elevator at 1902 Hawthome Street, Dubuque, Iowa. WHEREAS, Notice of Hearing on Plans and 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: Section 1. The said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of Regular Session, June 7, 2004 221 contract and estimated cost for said improvement for said project. Passed, adopted and approved this 7'h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 240-04 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Klauer Construction Company of Dubuque, iowa for the elevator renovation at the Eagle Point Water Plant. WHEREAS, the Eagle Point Water Plant ADA Elevator Renovation Project has been budgeted; and WHEREAS, Klauer Construction Company of Dubuque, Iowa has submitted to the City an agreement to conduct construction services of this improvement in the amount of $135,991. WHEREAS, Funds have been legally appropriated for this expenditure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to execute the agreement for construction services with Klauer Construction Company of Dubuque, iowa dated May 26, 2004 for the renovation of the Eagle Point Water Plant elevator to comply with ADA Standards. Passed, adopted and approved this 71h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Roosevelt Road Phase II Water Main Extension Project: Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Roosevelt Road Phase II Water Main Extension Project to McClain Excavating in the contract amount of $94,600, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 241-04 ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 3"' day of May, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the installation of approximately 1,950 feet of 12 inch ductile iron water main with accessories to be installed along Roosevelt Road to the Eagle Valley Subdivision; Whereas, notice of hearing on the 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 plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 242-04 AWARDING CONTRACT TO McCLAIN EXCAVATING CO., INC. OF PEOSTA, IOWA FOR THE CONSTRUCTION OF APPROXI- MATELY 1,950 FEET OF 12 INCH DUCTILE IRON WATER MAIN WITH ACCESSORIES ALONG ROOSEVELT ROAD TO THE EAGLE VALLEY SUBDIVISION. Whereas, the Roosevelt Road (Phase II) Water Main Extension Project has been budgeted; and, Whereas, McClain Excavating Co., Inc. of Peosta, Iowa has submitted to the City an agreement to conduct construction services of this improvement in the amount of $94,600.00; and Whereas, funds have been legally appropriated for this expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager is authorized to execute the agreement for construction services with McClain Excavating Co., Inc. of Peosta, Iowa for the construction of approximately 1,950 feet of 12 inch ductile iron water pipe along Roosevelt Road to the Eagle Valley Subdivision In the amount of $94,600.00. Passed, adopted and approved this 7'h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Police Department Remodeling Project: Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Police Department Remodeling Project to Stumpf Construction for Base Bid #1 and Alternate #1 In the contract amount of $69,827 and to All Systems for Base Bid #2 and Alternate #2 in the contract amount of $22,699, 222 Regular Session, June 7, 2004 presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 243-04 ADOPTING PLANS AND SPECIFICATIONS FOR THE DUBUQUE POLICE REMODELING PROJECT Whereas, on the 19th day of April 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Police Remodeling Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost for the Project 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 7th day of June, 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. 244-04 AWARDING CONTRACTS FOR THE DUBUQUE LAW ENFORCEMENT CENTER REMODELING PROJECT Whereas, sealed proposals have been submitted for the Dubuque Law Enforcement Center Remodeling Project pursuant to Resolution No. 169-04 and notice to bidders was published in the Telegraph Herald in the City of Dubuque, Iowa on the 23" day of April 2004; and Whereas, said sealed proposals were opened and read on the 20~ day of May, 2004; and Whereas, the bid from Stumpf Construction of Dubuque, Iowa, in the amount of $69,827 was the lowest bid for Base Bid #1 and Alternate #1 for the construction remodeling for all labor and materials and performing the work as provided for in the plans and specifications; and Whereas, the bid from All Systems of Dubuque, Iowa, in the amount of $22,699 was the lowest bid for Base Bid #2 and Alternate #2 for the furnishings and all labor and materials for 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: 1. The contract is hereby awarded to Stumpf Construction for Base Bid #1 and Alternate #1. 2. The contract is hereby awarded to All Systems of Dubuque, Iowa for Base Bid #2 and Alternate #2. 3. The City Manager is hereby directed to execute the foregoing contracts on behalf of the City of Dubuque for the complete performance of the work. 4. Upon the execution of the foregoing contracts and the approval of the contractor's bond, the City Treasurer is authorized and directed to retum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of June, 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. Operations and Service Center Construction Project (Tabled 5/19/04): Michalski moved that the following item be removed from the table. Seconded by Cline. Motion carried 7-0. Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Operations and Service Center Construction Project to Portzen Construction in the contract amount of $11,532,831, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 245-04 ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th day of April 2004, plans and specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the renovation of the Operations and Service Center Construction Project. WHEREAS, notice of hearing on plans and specifications, form of contract and estimated cost was published as required by iaw. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 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 improvement for said project. Passed, adopted and approved this 7'h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 246-04 AWARDING CONTRACT Regular Session, June 7, 2004 223 Whereas, sealed proposals have been submitted by contractors for the Operations and Service Center Construction Project pursuant to Resolution No. 133-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of April, 2004. Whereas, said sealed proposals were opened and read on the 6th day of May, 2004 and it has been determined that the bid of Portzen Construction Inc. of Dubuque, Iowa was the lowest bid for providing 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 Project is awarded to Portzen Construction, Inc. subject to receipt of authorization from the Iowa Department of Transportation and in the event such approval is not received by July 31, 2004, then this resolution and the award of the contract shall be of no further force or effect. Upon receipt of such final authorization within such time, however, the City Manager is authorized and directed to execute the contract on behalf of the City of Dubuque. 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 return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7'h day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Grand Excursion 2004: Communication from Patrick Seeb, Executive Director of Grand Excursion 2004, inviting the City of Dubuque's financial support of Grand Excursion 2004, presented and read. Patrick Seeb spoke clarifying the request. Michalski moved that the communication be received and filed and approved request of $10,000. Seconded by Buol. Motion carried 7- O. Steven Drahozal and Mark Kressig - Request to Address Council: Request of Steven J. Drahozal, 3712 Pennsylvania Avenue, and Mark Kressig, 1733 Lori Street, to address the City Council regarding emergency services within the City. Mr. Kressig spoke and stated that Dorothy Kressig fell on 5/1/04 and called 911 and it was an hour later that the Asbury ambulance arrived. He stressed the need for a Public Safety Commissioner position. Nicholson moved that this matter be received and fiied and referred to the City Manager. Seconded by Michalski. Motion carried 7-0. Darren D. White - Request to Address Council: Request of Darren D. White to address the City Council regarding the "Safe Ride" program. Mr. White spoke clarifying this program. Nicholson moved that this be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 7-0. Board of Directors - Greater Dubuque Development Corporation: Communication from Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, requesting appointment of Council Members to the GDDC Board of Directors (currently Council Member Dan Nicholson and Council Member Pat Cline) and affirming that Mayor Terry Duggan, City Manager Mike Van Milligen and Economic Development Director Bill Baum will continue to serve as provided by GDDC's by- laws, presented and read. Cline moved that the communication be received and filed and reaffirmed the same appointments with direction to discuss all Council appointments at the next goal setting session. Seconded by Michalski. Motion carried 7-0. Dubuque Humane Society Purchase of Services Agreement: City Manager recommending approval of a five-year Purchase of Service Agreement between the City of Dubuque and the Dubuque Humane Society in the amount of $46,400 for Fiscal Year 2005 and continuing to $112,400 for Fiscal Year 2008-09, presented and read. Jane McCall, Executive Director of the Humane Society, spoke in support of the proposed five year agreement. Michaiski moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion carried 7-0. Dubuque Racing Association Loan Documents: City Manager recommending approval of the Dubuque Racing Association bank loan documents allowing them to borrow up to $22 million for their renovations at Dubuque Greyhound Park & Casino, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. 224 Regular Session, June 7, 2004 National Register of Historic Places: Historic Preservation Commission recommending approval of the nomination of the Multiple Property Document entitied "The Arch/tectural and Historic Resources of Dubuque, Iowa, 1833 - 1955" to the National Register of Historic Places, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 7-0. West 11th Street Historic District: Historic Preservation Commission recommending approval of the application of the City of Dubuque for nomination of the West 11 th Street Historic District to the National Register of Historic Places, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Langworthy Historic District: Historic Preservation Commission recommending approval of the application of the City of Dubuque for nomination of the Langworthy Historic District to the National Register of Historic Places, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Riverwalk Sixth Addition - Final Plat: City Manager recommending approval of the final plat of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 247-04 RESOLUTION APPROVING PLAT OF LOT 1 OF RIVERWALK SIXTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 17th day of February, 2004, prepared by WHKS & Co. describing Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms 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 the 17'h day of February, 2004 prepared by WHKS & Co., 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 7' day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible conflict of interest. Holliday Third Addition - Final Plat: City Manager recommending approval of the final plat of Holliday Third Addition providing for the platting of eight commercial lots along an extension of Holliday Drive, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 248-04 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A AND LOT B OF HOLLIDAY JRD ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 8, Inciusive, and Lot A and Lot B of Holliday 3" Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Holliday Drive (Lot A) and Payton Drive (Lot B), together with certain public utility easements, which the owners by said final plat have dedicated to the public forever; 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 Holliday Drive (Lot A) and Payton Drive (Lot B), together with the easements for public utilities as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Lots 1 thru 8, Inclusive, and Lot A and Lot B of Holliday 3" Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to Regular Session, June 7, 2004 225 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 Holliday Drive (Lot A) and Payton 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 and IDOT standard specifications, all in a manner acceptabie to the City Engineer, in conformance with construction improvement plans approved by the City Engineer and IDOT, and inspected by the City Engineer and IDOT. (b) To install sanitary sewer main, water main, water and sewer service laterals into each 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 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 QHQ Properties, 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 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164, except along State Highway 32 (Northwest Arterial). The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely deveioped subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. That storm water detention is provided through a service agreement with the City of Dubuque. A copy of the Storm Water Facilities Fee Agreement was filed this 8th day of June 2004 as Instrument No. 10046-04 in the records of the Dubuque County Recorder's Office. Section 5. 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 6. That in the event QHQ Properties fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 7'h day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 248-04 I, the undersigned, Tim Quagliano, representing QHQ Properties, having read the terms and conditions of Resolution No. 248-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions re3uired therein. Dated this 8 h day of 2004. By: /sl Tim Quagliano, QHQ Properties Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. Process for Establishing Demolition Districts: Historic Preservation Commission requesting Council direction regarding the process to be used for establishing demolition districts within the City, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager and staff. Seconded by Buol. Motion carried 7-0. Animal Ordinance Update: City Manager recommending approval of amendments to Chapter 7, Animals and Fowl, of the Code of Ordinances to be consistent with amendments to the Code of Iowa, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- O. An Ordinance Amending the City of Dubuque Code of Ordinances Section 7-20 City Manager's Authority to Contract for the Collection, Protection and Disposition of Dogs, Cats and Other Animals and Section 7-24 Disposition of Unredeemed Dogs or Cats, presented and read. 226 Regular Session, June 7, 2004 OFFICIAL PUBLICATION ORDINANCE NO. 37-04 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 7-20 CITY MANAGER'S AUTHORITY TO CONTRACT FOR THE COLLECTION, PROTECTION AND DISPOSITION OF DOGS, CATS AND OTHER ANIMALS AND SECTION 7-24 DISPOSITION OF UNREDEEMED DOGS OR CATS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances §7-20 is amended to read as follows: Sec. 7-20. City Manager's Authority: The city manager is hereby authorized to contract with a person or entity the city manager determines to be qualified for canrying out the provisions of this article including the collection, protection and disposition of dogs, cats and other animals and the collection of fees for licensing and care of seized and impounded dogs and cats. Section 2. The City of Dubuque Code of Ordinances §7-20 is amended to read as follows: Sec. 7-24. Disposition Of Unredeemed Dogs Or Cats: (a) If the owner of a licensed dog impounded pursuant to this article does not redeem such animal within seven (7) days after the mailing of the notice provided for in this articie, the license shall automatically be revoked and the animal disposed of as directed by the health officer. If the owner of a licensed cat impounded pursuant to this article does not redeem such animal within five (5) days after the mailing of the notice provided for in this article, the license shall automatically be revoked and the animal disposed of as directed by the health officer. (b) Any unlicensed dog or cat not redeemed by the owner within three (3) days after it has been seized or impounded shall be disposed of as directed by the health officer. Section 3. This ordinance shall take effect upon publication. Passed, approved and adopted this 7th day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of June, 2004. Jeanne F. Schneider, City Clerk 116/11 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 7-0. Highway 61/151 Billboard: Request of David Hartig, 1255 Southern Avenue, to address the Council regarding reconsideration of the City Council's approval on May 17, 2004 of the Installation of a billboard on Highway 61/151 and City Manager submitting additional Information regarding the issue of the billboard, presented and read. David Hartig spoke stating he had no additional comments. Michalski moved that the communications be received and filed. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Nicholson reported on the ribbon cutting for the directional sign at Dubuque Technology Park and questioned whether these events could be scheduled on a non-Council meeting day. The majority of the City Council was in favor of scheduling them just prior to the Council meetings. Michalski Informed the Council that she would be a presenter at the fall meeting of the Iowa League of Cities. Markham reported that he had been part of a contingent of people who attended the recent iowa Department of Transportation meeting in Decorah to gather support for the funding of the Southwest Arterial. City Manager Van Milligen requested Council direction on the date of the first Council meeting in July as the Library is scheduled to be closed on Monday, July 5th due to the holiday. Corporation Counsel was directed to provide an ordinance at the next meeting (June 21, 2004) changing the date of the meeting to Tuesday, July 6, 2004. PUBLIC INPUT Richard Henkel and Sandi Williams, devel- opers of Grandview Estates, stated that they thought their subdivision plat was to have been on the Council agenda that evening and expressed concerns they had with the Zoning Advisory Commission. There being no further business, Michalski moved to adjoum. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:12 P.M. Isl Jeanne F. Schneider, CMC City Cierk 1t 6/16 Regular Session, June 7, 2004 227 2004 2004 Approved September 7, 2004 Adopted September 7, 2004 Terrance M. Duggan, Mayor Joyce Connors Patricia Cline John H. Markham Ann E. Michalski Dan Nicholson Roy D. Buol Council Members Attest; Jeanne F. Schneider, City Clerk 228 Regular Session, June 21,2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Meeting, Regular Session, June 21, 2004 City Council met at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, Assistant City Manager Steinhauser, Corporation Counsel LIndahl Absent: City Manager Van Milligan Mayor Duggan read the call and stated this is a regular session of the City Council calied for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Pastor Steve Meysing of SI. John's Lutheran Church. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 5/25; City Councii of 6/7; Environmental Stewardship Advisory Com- mission of 6/1; Historic Preservation Commission of 5/19; Housing Code Appeals Board of 5/18; Human Rights Commission of 5/10; LIbrary Board of 4/22; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Proofs of publication for City Council Proceedings of May 17 and June 1, 2004 and List of Claims and Summary of Revenues for month ending April 30, 2004, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings of March, 2004, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Markham. Motion carried 7-0. Finance Director submitting the City of Dubuque Financiai Reports for the month ending May 31, 2004, presented and read. Buol moved that the communication and reports be received and filed. Seconded by Markham. Motion carried 7-0 Notice of Claims/Suits: Timothy G. Clark on beha~ of Tanner G. Ciark for personal injury; Deutsche Bank Trust Company v. City of Dubuque, et al; Joe and Shaunda Steffen for property damage; Rita R. Stevenson for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Sandra G. Adams for personal injury; William Felderman for property damage; Jodi McDonell for vehicle damage; Joe and Shaunda Steffen for property damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsei recommending settlement of the back pay claim of William Kelly, presented and read. Buol moved that the communication be received and filed and concurred and directed Finance Director to issue proper check. Seconded by Markham. Motion carried 7-0. Development Agreement for Westbrook Subdivision: City Manager recommending approval of a revised Development Agreement with Callahan Construction, Inc., for development of affordable single-family housing in the Westbrook Subdivision, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Tri-State Community Health Center Application: City Manager communication to the Bureau of Primary Health Care in support of the Tri-State Community Health Center's application for a federally qualified community health center, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommending approval of the renewal rates submitted by Allianz for specific and aggregate stop loss insurance for the City's health plans, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Health Choices Administrative Services Fee: City Manager recommending approvai of the administrative services fee presented by Health Choices for the period May 1, 2004 through Regular Session, June 21, 2004 229 June 30, 2006, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Collective Bargaining Agreement with Amalgamated Transit Union, Local #329: City Manager recommending approval of the collective bargaining agreement between the City and the Amalgamated Transit Union effective July 1, 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7. O. RESOLUTION NO. 249-04 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, LOCAL #329 ND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Amalgamated Transit Union, Local #329 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Amalgamated Transit Union, Local #329 submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Forest Grange Subdivision #3 - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Forest Grange Subdivision #3, located on Kennedy Road near Rustic Forest Road in Dubuque County, as requested by Buesing and AssociateslJim Gantz, Lime Rock Springs Company, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Oberbroeckling Subdivision No.2: Zoning Advisory Commission recommending approval of the minor final plat of Oberbroeckling Subdivision No.2 iocated at 12463 North Cascade Road, as requested by John Oberbroeckling, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- 0 RESOLUTION NO. 250-04 RESOLUTION APPROVING THE FINAL PLAT OF LOT 1, 2 AND 3 OF OBERBROECKLING SUBDIVISION NO.2 Whereas, there has been filed with the City Cierk a Final Plat of Lot 1, 2 and 3 of Oberbroeckling Subdivision No.2 in Dubuque County; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Lot 1, 2 and 3 of Oberbroeckling Subdivision 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 subdivision plat. Section 2. That the City Council hereby waives Article IV, Design and Improvement Standards of Subdivision Regulations, except Section 42- 19, Lots and Blocks. Passed, approved and adopted this 21" day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buoi moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. In-Line Skate Rink Project: City Manager recommending acceptance of the In-Line Skate Rink Project as completed by Fondell Excavating in the final contract amount of $85,850.80, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 251-04 ACCEPTING IMPROVEMENT WHEREAS, the contract for the In-Line Skate Rink Construction Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends Its acceptance. 230 Regular Session, June 21, 2004 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 252-04 FINAL ESTIMATE WHEREAS, the contract for the In-Line Skate Rink Construction Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said Improvement is hereby determined to be $85,850.80, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Agreement with Hilicrest Famiiy Services for Use of Murphy Park: City Manager recom- mending approval of an agreement with Hillcrest Family Services for use of Murphy Park to set up a holiday light display, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Citizen Communication: Communication from Richard E. Koob, 330 Olympic Heights, regarding a north end junkyard and requesting that junkyards be inspected, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Chaplain Schmitt Memorial: City Manager advising that the new leaseholder for this property has agreed to try to improve the accessibility and requesting time to work on this issue with the leaseholder, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Communication from Walter A. Pregler, 2966 Shiras Avenue, regarding the Chaplain Schmitt Memorial, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0 American Red Cross of the Tri-States: Communication from Stan Schwartz, Executive Director - American Red Cross of the Tri-States, thanking the City and the community for assistance in raising the necessary funds to purchase an Emergency Response Vehicle (ERV), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Flood Hazard Mitigation Demolition Project - Phase II: City Manager recommending acceptance of the Flood Hazard Mitigation Demolition Project - Phase II as completed by Top Grade Excavating, Inc., in the final contract amount of $18,826.65, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- 0 RESOLUTION NO. 253-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Flood Hazard Mitigation Demolition Project - Phase II has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the recommendation of the City Manager be approved and that said Improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the FY 2004 budget amendment (Amendment #3) in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21" day of June, 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. Regular Session, June 21, 2004 231 RESOLUTION NO. 254-04 FINAL ESTIMATE Whereas, the contract for the Flood Hazard Mitigation Demolition Project - Phase II has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $18,826.65 and the said amount shall be paid from the Fiscal Year 2004 budget amendment (Amendment #3) Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 21" day of June, 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. Contract for State Brownfield Grant: City Manager recommending approval of a State of Iowa Brownfield Project Financial Assistance Agreement for $142,655 for petroleum cleanup in the Port of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 255-04 A RESOLUTION AUTHORIZING THE EXECU- TION OF A BROWNFIELD PROJECT FINANCIAL ASSISTANCE AGREEMENT FOR ONE HUNDRED FORTY-TWO THOUSAND SIX HUNDRED FIFTY-FIVE DOLLARS ($142,655) FOR PETROLEUM CLEANUP IN THE PORT OF DUBUQUE. Whereas, the State Brownfield Redevelopment Fund has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, on March 18, 2004, the City of Dubuque, Iowa was awarded a One Hundred Forty-Two Thousand Six Hundred Fifty-Five dollar ($142,655) forgivable loan from the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to utilize the funding to assist in the cleanup of petroleum contamination In the Port of Dubuque; and Whereas, the Assistance Agreement, Award Number 04-BRN-04, hereto attached and by this reference made a part hereof, is to be executed between the community and the Iowa Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be and he is hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached Assistance Agreement and Promissory Note for Award Number 04-BRN-04. Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Industrial Center West Third Addition Engineering Consultant: City Manager recommending approval of the selection of IIW as the engineering consultant for the Dubuque Industrial Center West (DICW) 3" Addition, presented and read. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 256-04 RESOLUTION AUTHORIZING CONTRACT WITH IIW ENGINEERS & SURVEYORS, P.C. FOR THE DESIGN AND ENGINEERING OF DUBUQUE INDUSTRIAL CENTER WEST - 3" ADDITION Whereas, the City Council has made the extension of Chavenelle Road between Dubuque Industrial Center and Dubuque Industrial Center West, and the development of the next phase of the Dubuque Industrial Center West a high prlority, and Whereas, the City Council approved a Request for Proposals for the design and engineering of Dubuque Industrial Center West - 3" Addition at the May 3, 2004 City Council meeting, and Whereas, the Request for Proposals has been issued, responses have been received and reviewed, and interviews have been conducted by an RFP review committee of City and Greater Dubuque Development Corporation staff, and Whereas, the RFP review committee is recommending the City enter into a contract with IIW Engineers and Surveyors for the design and engineering, and Whereas, the City has budgeted for the design and engineering work in the FY 05 Capital Improvement Program, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. IIW Engineers & Surveyors, P.C. is hereby selected to provide design and engineering services for Dubuque Industrial Center West - 3" Addition. Section 2. The City Manager is hereby authorized to negotiate a contract and detailed scope of services with IIW Engineers & Surveyors, P.C. for the proposed design and engineering work. 232 Regular Session, June 21, 2004 Passed, approved and adopted this 21" day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. US 20 Reconstruction Agreement: City Manager recommending approval of a predesign agreement among the Iowa Department of Transportation (Iowa DOT), the County of Dubuque, and the City of Dubuque for the extension or improvement of US 20 as a controlled access facility within Dubuque County and the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 257-04 RESOLUTION APPROVING THE PREDESIGN AGREEMENT AMONG THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, AND THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE US 20 RECON- STRUCTION PROJECT (NHS-20-9(121)-19- 31) Whereas, the City of Dubuque, County of Dubuque, and the Iowa Department of Transportation propose to develop a controlled access facility to the Primary Road No. US 20. Whereas, the Iowa Department of Transportation has prepared a predesign agreement among the City of Dubuque, the County of Dubuque, and the Iowa Department of Transportation for reconstruction of US 20 from the Peosta interchange extending easterly, northeasterly to just east of the Northwest Arterial within the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Predesign Agreement 2004-P-118 among the City of Dubuque, the County of Dubuque, and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute three copies of the predesign agreement among the City of Dubuque, the County of Dubuque, and the Iowa Department of Transportation. Passed, adopted and approved this 21" day of June, 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. Five Flags Civic Center Commission: Gary Dolphin submitting his resignation from the Five Flags Civic Center Commission, presented and read. Buol moved that the communication be received and filed. Motion carried 7-0 Seconded by Markham. Dubuque County Historical Society Sublease: City Manager recommending approvai of a sublease agreement between the Dubuque County Historical Society and the National Audubon Society to allow the docking of the Audubon Ark (the Lily Belle) as requested by Jerry Enzler, Executive Director of the DCHS, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors requesting that the City of Dubuque Transit Division become a certified HCBS Transportation Provider, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. City of Asbury: Communication from Richard A. Anderson, Mayor of Asbury, advising that they will be working with City Manager Michael C. Van Milligen to prepare a plan of action for the severance of parcels to be annexed by the City of Asbury, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Business Licenses: RESOLUTION NO. 258-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Dubuque Discount Gas # 3 Gas # 3 Key West Conoco Dubuque Discount 3270 Dodge St Rainbo Oil Com 2150 Twin Valley Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 259-04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, June 21, 2004 233 That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 21 RENEWALS Myra Woodman 110310waSt Waseem Choudhry 1998 Jackson St Diamond Jo, LLC 400 E. 3" St Dubuque Discount 4110 DodgeSt Dubuque Inn Corp 3434 Dodge St Nash Finch Company 3355 JFK Rd Richard Hirsch 1121 UniversityAv Hy-Vee, Inc 3500 Dodge St Hy-Vee, Inc 2395 NW Arterial Rainbo Oil Com 2150 Twin Valley David H. Erickson 385 E. 13th St Pamela Murphy 55 Locust St TFM Co. 250 W.1" St TFM Co. 51 W. 32"' St TFM Co. 1256 Iowa St K-Chap Foods 1050 University Av TFM Co. 2010 Kerper Biv Shannon's Bar Inc. 521 E. 22"' St Charles Steffen 1701 Central Av Craig Weiner 709 University Av David Hoffman 450 W Locust Passed, approved and adopted this day of, 2004. Aragon Tap AWN Stop Mart Diamond Jo Caslno(Boat) Dubuque Discount Gas Gas, Inc Dubuque Inn Econofoods # 471 Fat Tuesday's Hy-Vee # 1 Hy-Vee Keywest Conoco Lucky 13 Tavern Murph's Southend Tap Oky Doky # 1 Oky Doky # 2 Oky Doky # 6 Oky Doky # 14 Oky Doky # 21 Shannon's Bar Tony's Place Walnut Tap White House Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 260-04 Whereas, appiications for Beer Permits have been submitted and fiied 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 fiied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees - Tent A Main St-Town Clock Dubuque Jaycees Dubuque Jaycees - Tent B Main St-Town Clock Dubuque Jaycees Dubuque Jaycees - Tent C Main St-Town Clock Rotary Club of Dubuque Rotary Club Alliant Amphitheater Tri State Independent Blind Sunday Fun Festival + (Outdoor) 3333 Asbury Rd CLASS "C" BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 1401 Central Av K-Chap Foods, Inc. Oky Doky # 14+ (Sunday Sale) 1050 University Av Rainbo Oil Company Keywest Conoco+ (Sunday Sale) 2150 Twin Valley Dr Dubuque Discount Gas, Inc Dubuque Discount Gas#3+(Sunday) 3270 Dodge St Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 261-04 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 Apple Corps LP Applebee's+ (Sunday Sale) 1395 Associates Dr Tom Koch, Inc Paul's Tap+ (Sunday Sale) 176 Locust St Pamela Murphy Murphs South End Tap 55 Locust St DBQ # 6 American Legion American Legion #6+(Sunday Sale) 1306 Delhi St Apartment L TD Corp Dubuque Mining Co (1-Day Outdoor Sale) 555 JFK Rd 234 Regular Session, June 21, 2004 SMG Food & Beverage LLC SMG Five Flags Center+(Sunday Sale) 405 Main St SPECIAL CLASS "CO LIQUOR Four Seasons Buffet, Inc Four Seasons Buffet+(Sunday Sale) 3305 Asbury Rd Carroll's Wine Company Grape Harbor- Sidewalk Outdoor Sale 123 Main St Café Manna Java, LLC Café Manna Java- Sidewalk Outdoor Sale 269 Main St Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Blanche Avenue - Request to Vacate: City Manager recommending that a public hearing be set for July 6, 2004 to consider a request from John M. Lanser and Jean M. Mastin to vacate Blanche Avenue from Vivian Avenue west 250 feet, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 262-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 136A OF MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, John M. Lanser and Jean M. Mastin has requested the vacating of Blanche Avenue from Vivian Avenue west 250 feet; and Whereas, IIW Engineers & Surveyors, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Blanche Avenue from Vivian Avenue west 250 feet and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 136A of Maple Leaf Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Blanche Avenue from Vivian Avenue west 250 feet is no longer required for public use, and vacating and sale of said portion of street known as Lot 136A of Maple Leaf 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 Lot 136A of Maple Leaf Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 136A of Maple Leaf Addition in the City of Dubuque, Iowa to the John M. Lanser and Jean M. Mastin be contingent upon the cost of surveying and platting, plus publication and filing fees of $100.00. Section 3. That the City Cierk 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 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set public hearing for 7/6104 at a meeting to commence at 6:30 p.m. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Greater Downtown Urban Renewal District Amendment: City Manager recommending adoption of a Resolution of Necessity to begin the process of amending the Urban Renewal Plan for the Greater Downtown Urban Renewal District and to set a public hearing for August 2, 2004 to consider said amendment, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 263-04 A RESOLUTION OF NECESSITY FINDING THAT AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque adopted an Urban Renewal Plan for the Greater Downtown Urban Renewal District on April 19, 2005 by Resolution 170-04 to stimulate and guide public and private investment within the District; and Whereas, the City Councii of the City of Dubuque has determined that an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District will provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan for the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque shall undertake the urban renewal actions specified in the Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code; and Whereas, Chapter 403 of the iowa Code requires that before an urban renewal plan may be modified, the City Council must adopt a resolution of necessity and provide for a process of review and consultation prior to adoption of an amended and restated plan. Regular Session, June 21, 2004 235 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That an amendment to the Urban Renewal Plan for the 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 City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, 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 3. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on August 2, 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 Amended and Restated Plan and the general scope of the amendment. Section 4. 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 21 st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 8/2/04 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. BOARDSICOMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commissions: Historic Preservation Commission (Two three- year terms which will expire 7/1/07 [Jackson Park District - term of Bichell and West 11th District - Term of Whalen]; One unexpired three year term through 7/1/05) Applicants: David Stuart for Jackson Park, Timothy Goen for West 11 th Street. David Stuart spoke explaining he would like to represent the Jackson Park District, thus allowing the At Large position to be filled by someone else. Investment Oversight Commission (Two three- year terms which will expire 7/1/07) Applicants: Stephen Reisdorf; Gary Ruden. No one spoke. Zoning Advisory Commission (Two three-year terms which wlli expire 7/1/07) Applicants: Eugene Bird, Jeff Stiles. Jeff Stiles spoke requesting consideration for reappointment. He also stated that Eugene Bird could not be in attendance but was interested in reappointment. Appointments to Boards/Commissions: the following Long Range Planning Advisory Commission (Two vacancies which will expire 7/1/07) Applicant: Charles Winterwood. Michalski moved that Charles Winterwood, M.D. be reappointed to a three year term which will expire 7/1/07. Seconded by Connors. Motion carried 7-0. Park and Recreation Commission (Three vacancies which will expire 6/30/07 - Terms of Lyness, Harjehausen, Hoffmann) Applicants: Gary l. Harjehausen, Paul F. Hoffmann, Karen Lyness, Evelyn Nadeau. Vote on the appointments was as follows: Cline voted for Ha~ehausen, Hoffmann and Lyness. Connors voted for Ha~ehausen, Hoffmann and Lyness. Duggan voted for Harjehausen, Hoffmann and Lyness. Markham voted for Harjehausen, Hoffmann and Lyness. Michalski voted for Hoffmann, Lyness and Nadeau. Nicholson voted for Harjehausen, Hoffmann and Lyness. Buol voted for Ha~ehausen, Hoffmann and Lyness. Therefore, Karen Lyness, Gary Harjehausen and Paul F. Hoffmann were reappointed to the Park & Recreation Commission for three year terms which will expire 6/30107. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Nicholson. Motion carried 7-0. 4039 Pennsylvania Avenue - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 4039 Pennsylvania Avenue from R-3 Moderate Density Multi-Family Residential to C-2 Neighborhood Shopping Center District at the request of Buesing and AssociateslPaul Fahey, Riverdream Properties, and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. Jill Reimer, representing Kwik Stop and the Dairy Queen, spoke requesting the change in zoning which would allow the business to expand and have a drive through. 236 Regular Session, June 21, 2004 An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4039 Pennsylvania Avenue from R-3 Moderate Density Multi-Family District to C-2 Neighborhood Shopping Center District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 38-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 4039 PENNSYLVANIA AVENUE FROM R-3 MOD- ERATE DENSITY MULTI-FAMILY DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT ONOW, 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 R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District, to wit: Lot 1 of Palle Place and balance of Lot 1 of 1 of A Embassy West Subdivision, 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 law. Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officialiy in the Telegraph Herald newspaper this 25~ day of June, 2004. Jeanne F. Schneider, CMC, City Clerk 1t6/25 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 finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Southeast Corner of Old Highway Road and Cousins Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at the southeast corner of Old Highway Road and Cousins Road from AG Agricultural District to R-1 Single- Family Residential District as requested by Paul Cate and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. Paul Cate spoke in favor of the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reciassifying hereinafter described property located near the southeast corner of Old Highway Road and Cousins Road from AG Agricultural District to R.1 Single- Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 39-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF OLD HIGHWAY ROAD AND COUSINS ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE- FAMLY RESIDENTIAL 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 as shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa from AG Agricultural District to R-1 Single- Family Residential District; and Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21't day of June, 2004 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Pubiished officially in the Telegraph Herald Newspaper the 25th day of June, 2004. Jeanne F. Schneider, CMC, City Cierk 11 6/25 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 Regular Session, June 21, 2004 237 consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Alley Vacating Petition: Proof of publication on notice of hearing to consider a request from Randy E. and Pamela J. Davis, Benjamin J. Mueiler and Margaret M. Mueller to vacate and purchase a portion of the alley between 825 and 855 Salem Street from Roosevelt to Salem and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 264-04 RESOLUTION APPROVING PLAT OF THE PROPOSED VACATED ALLEY BETWEEN 825 AND 855 SALEM STREET FROM ROOSEVELT TO SALEM Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated 19th day of May, 2004 prepared by IIW Engineers & Surveyors, PC describing the proposed vacated alley between 825 and 855 Salem Street from Roosevelt to Salem; and Whereas, said plat conforms 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 19th day of May, 2004, prepared by IIW Engineers & Surveyors, PC 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 behall 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 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. An Ordinance vacating the alley between 825 and 855 Salem Street from Roosevelt to Salem, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 40-04 ORDINANCE VACATING THE ALLEY BE- TWEEN 825 AND 855 SALEM STREET FROM ROOSEVELT TO SALEM Whereas, Randy E. and Pamela J. Davis, Benjamin J. Mueller, and Margaret M. Mueller have requested the vacating of the ailey between 825 and 855 Salem Street from Roosevelt to Salem; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated alley between 825 and 855 Salem Street from Roosevelt to Salem and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley between 825 and 855 Salem Street from Roosevelt to Salem is no longer required for public use, and vacating of said alley known as Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque, 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 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially In the Telegraph Herald Newspaper the 25th day of June, 2004. Jeanne F. Schneider, CMC, City Clerk 11 6/25 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 7-0. RESOLUTION NO. 265-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 179A. LOT 180A, AND LOT 181A OF O'NEILL'S ADDITION TO NORTH DUBUQUE, 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 this 11th day of June 2004, the City Council of the City of Dubuque, Iowa met on the 21st day of June 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: 238 Regular Session, June 21,2004 Lot 179A, Lot 180A and Lot 181A of O'Neill's Addition to North Dubuque, 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 179A of O'Neill's Addition to North Dubuque to Benjamin J. Mueller, Lot 180A of O'Neill's Addition to North Dubuque to Randy E. and Pamela J. Davis, and Lot 181A of O'Neill's Addition to North Dubuque to Margaret M. Mueller be and the same is hereby approved for the sum of the cost of surveying and platting, plus publication and filing fees of $100 for each parcel. 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 Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Randy E. and Pamela J. Davis, Benjamin J. Mueller, and Margaret M. Mueller upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorlzed 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 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Mediacom Franchise Extension: Proof of publication on notice of hearing to consider an additional short-term extension through December 31, 2004 of the existing Mediacom cable franchise and side agreements under the terms currently in effect and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Extending the term of the existing Cable Franchise Agreement and Hub Site Lease of MCClowa, L.L.C. to December 31, 2004, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 41-04 AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE FRANCHISE AGREEMENT AND HUB SITE LEASE OF MCCIOWA, I.L.C. TO DECEMBER 31,2004. Whereas, MCClowa, I.I.C. (Mediacom) is the current holder of a cable services franchise, embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 18,2001;and Whereas, one of the side agreements is a lease to Mediacom to build and maintain a network hub on City-owned property located at 1585 West Third Street in Dubuque; and Whereas, the terms of the franchise and of the lease will expire June 30, 2004; and Whereas, representatives of the City of Dubuque and of Mediacom have entered into good faith negotiation of terms and conditions for the renewal of the franchise and the lease. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The term of the cable services franchise and the term of the lease are hereby extended to December 31, 2004, with all the rights, privileges and responsibilities appertaining thereunto; and Section 2. The City Manager is hereby authorized to sign and administer the extension agreement on behalf of the City of Dubuque. Passed, approved and adopted this 21st day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Published officially in the Telegraph Herald newspaper this 25th day of June, 2004. Jeanne F. Schneider, City Clerk 1t6/25 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. Buol moved to reinstate the rules limiting discussion to Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, spoke giving a comprehensive quarterly report. Nicholson moved that the report be received and filed. Seconded by Cline. Motion carried 7-0. Ice Harbor Drive: Zoning Advisory Commission recommending approval of the designation of Ice Harbor Drive in the Port of Dubuque as requested by the City of Dubuque, presented and read. Michalski moved that the Regular Session, June 21, 2004 239 communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance renaming a portion of the street currently named East Fourth Street to Ice Harbor Drive and designating a new street between First Street and East Fourth Street as Ice Harbor Drive in the Port of Dubuque, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 42-04 AN ORDINANCE RENAMING A PORTION OF THE STREET CURRENTLY NAMED EAST FOURTH STREET TO ICE HARBOR DRIVE AND DESIGNATING A NEW STREET BETWEEN FIRST STREET AND EAST FOURTH STREET AS ICE HARBOR DRIVE IN THE PORT OF DUBUQUE Whereas, the City Council desires to reduce the potential confusion of visitors to the Port of Dubuque by renaming a portion of East Fourth Street to Ice Harbor Drive in this area; and Whereas, a new street has been constructed connecting East Fourth Street to First Street; and Whereas, the City Council desires to name this street Ice Harbor Drive; and Whereas, the request has been reviewed by the Emergency 911 Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the portion of East Fourth Street from the southerly line of East Fifth Street to the easterly right-of-way line of the Canadian National Railway as shown on the Roadway Exhibit attached hereto be hereinafter renamed Ice Harbor Drive; and Section 2. That all that part of the unplatted lands in the NE Y. of Section 25, T89N, R2E, and in the northwest fractional quarter of Section 30, T89N, R3E, 5th P.M. lying west of Ice Harbor Development including a roadway easement within railroad right-of-way as shown on the Roadway Exhibit attached hereto be hereinafter named Ice Harbor Drive; 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 renaming and designating of said street with the Recorder, Auditor, and City Assessor of Dubuque County, Iowa. Passed, approved and adopted this 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Pubiished officially in the Telegraph Herald Newspaper the 25th day of June, 2004. Jeanne F. Schneider, CMC, City Clerk 1t 6125 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Paradise Hills 2" Addition - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Paradise Hills 2' Addition on Humke Road, subject to waiving the private street standard for paving thickness and base stone, as requested by Roger and Lois Schueller and City Manager recommending approval of the preliminary piat of Paradise Hills 2' Addition without the street standard waiver, presented and read. Roger Schueller, 16150 Humke Rd., spoke in favor of the waiver. Markham moved to receive and file the communications and approve the plat without the street waiver. Seconded by Buol. Carried by the following vote: Yeas-Buol, Connors, Michalski, Nicholson. Nays-Cline, Duggan, Markham. Cedar Crest Subdivision - Final Plat: City Manager recommending approval of the final plat of Cedar Crest Subdivision iocated north of U.S. Highway 20 and east of Cottingham Road, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 266-04 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 34 THRU 116, INCLUSIVE, OF CEDAR CREST SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 34 thru 116, inclusive, of Cedar Crest Subdivision; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. That the final plat of Cedar Crest Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and 240 Regular Session, June 21, 2004 directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct street improvements and storm sewers in accordance with improvement plans approved by the County Engineer. b) To maintain the street improvements and storm sewers constructed as part of Cedar Crest Subdivision, until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 3. That in the event Daniel Conrad fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shali be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 21" day of June 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 250-04 i, the undersigned, Daniel Conrad, having read the terms and conditions of the Resolution No. 250-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21" day of June 2004. Daniel Conrad Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Five Flags Management Agreement: City Manager recommending approval of the Five Flags Management Agreement with SMG beginning July 1, 2004, presented and read. Glen Mon of SMG spoke about their proposed course of action. Ciine moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Sewer Ordinance Update: City Manager recommending approvai of a change to the Code of Ordinances authorizing the City Manager to order immediate connection of a private on-site sewage treatment and disposal system if there is a public health threat, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance amending Chapter 44, Utilities, Section 44-55, Abandonment of Private On-Site Sewage Treatment and Disposal System Upon Availability of Public Sewer, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 43-04 AN ORDINANCE AMENDING CHAPTER 44, UTILITIES, SECTION 44-55, ABANDONMENT OF PRIVATE ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM UPON AVAILABILITY OF PUBLIC SEWER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-55 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 44-55. Abandonment Of Private On-Site Sewage Treatment And Disposal System Upon Availability Of Public Sewer: Section 44-55(a) When a public sewer is constructed within two hundred feet (200') of the property line, the building sewer shall be connected to said sewer in accordance with the City standards established by the City Manager and within three hundred sixty-five (365) days from date of written notification by the City Manager. However, if the City Manager determines that the private on-site sewage and disposal system constitutes a threat to public health, the City Manager may order that the system be connected immediately to the public sewer. When so connected, the private on-site sewage treatment and disposal system shali be abandoned in accordance with subsection (b) of this Section. Property shall not be required to connect to the public sewer if construction plans for the private on-site sewage treatment and disposal system are available, the system meets the provisions of Chapter 69 of the Iowa Administrative Code, and the system received a construction permit from the City Manager prior to instaliation. If the City Manager cannot determine that the system is in compliance with Chapter 69 of the Iowa Administrative Code, connection shall be made to the sanitary sewer in accordance with City standards established by the City Manager. Section 44-55(b). Notwithstanding the foregoing, no private on-site sewage treatment and disposal system shall be permitted to operate for more than fifteen (15) years, unless otherwise determined by the City Manager pursuant to standards adopted by the City Manager. At any time the City Manager determines the system is no longer adequate, connection to the sanitary sewer shall be made. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published offici~~ly in the Telegraph Herald Newspaper the 25 day of June, 2004. Jeanne F. Schneider, CMC, City Clerk 11 6/25 Regular Session, June 21, 2004 241 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 7-0. Proposed Standard for Sidewalk Paving Pattems: City Manager recommending approval of a proposed standard for sidewalk paving patterns to guide future sidewalk improvement projects in the downtown or requesting that a worksession be scheduled on the issue; Historic Preservation Commission recommending a modification to the proposed standard for sidewalk paving patterns in the Old Main, Cathedral and Jackson Park historic districts as requested by the City of Dubuque Engineering Division, presented and read. Cline moved to refer this to Staff for more information and to schedule a work session for further discussion of the proposed standards. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Dubuque County Conservation Board Grant Request: City Manager recommending that the City provide $10,000 match towards the Dubuque County Conservation Board's Vision 10waiCAT application for improvements to Massey Station, presented and read. Cline moved to receive and file the communication and approve the recommendation. Seconded by Nicholson. Carried by the following vote: Yeas-Buoi, Cline, Connors, Markham, Michalski, Nicholson, Buol. Nays-Duggan. Dubuque Greyhound Park and Casino: City Manager recommending approval of the Installation of temporary stop signs at the three- way intersection of Admiral Sheehy Drive and Dubuque Greyhound Park Road due to the increased construction traffic, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs at the Intersection of Admiral Sheehy Drive and Greyhound Park Road, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 44-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT THE INTERSECTION OF ADMIRAL SHEEHY DRIVE AND GREYHOUND PARK ROAD NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, by adding Admiral Sheehy Drive and Greyhound Park Road to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (b) NORTHBOUND AND SOUTHBOUND Admiral Sheehy Drive and Greyhound Park Road EASTBOUND Greyhound Park Road and Admiral Sheehy Drive Passed, approved, and adopted this 21" of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 25th day of June, 2004. Jeanne F. Schneider, CMC, City Clerk 11 6/25 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. Motion carried 7-0. Fiscal Year 2005 Legislative Priorities: City Manager recommending approval of the City of Dubuque's Legislative Priorities for Fiscal Year 2005, presented and read. Cline moved that the communication be received and filed and approved. Seconded by Michalski. Motion carried 7-0. City Council Meeting Date: An Ordinance establishing the date for the first regular meeting of July of the City Council of the City of Dubuque as July 6, 2004, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 45-04 ESTABLISHING THE DATE FOR THE FIRST REGULAR CITY COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE IN JULY, 2004 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 242 Regular Session, June 21,2004 Section 1.Sec. 2-22 of the City of Dubuque Code of Ordinances notwithstanding, the first regular meeting of the City Council of the City of Dubuque in July, 2004 shall be Tuesday, July 6, 2004. Passed, approved and adopted this 21" day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 25~ day of June, 2004. Jeanne F. Schneider, CMC, City Cierk 1t 6/25 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. Motion carried 7-0. COUNCIL MEMBER REPORTS Nicholson requested Staff look at the intersection of Fifth and Bell Street in the Port of Dubuque with regard to the traffic control signage. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meet adjoumed at 7:59 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 6/30 2004 2004 Approved September 7, 2004 Adopted September 7, 2004 Terrance M. Duggan, Mayor Joyce Connors, Patricia Cline John H. Markham Ann E. Michalski Dan Nicholson Roy D. Buol Council Memberes Attest: Jeanne F., Schneider City Clerk Special Session, June 29, 2004 243 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, June 29, 2004 Council met at 5:00 p.m., City Hall Conference Room B Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Mililgen; Corporation Counsel Lindahl Mayor Duggan read the call and stated this was a Special Session of the City Council called for the purpose of setting a public hearing on the Dubuque Casino Hotel Lease Agreement and to conduct a closed session. Lease Agreement - Dubuque Casino Hotel, LLC: City Manager recommending that a public hearing be set for July 6, 2004 to consider a lease agreement and parking use agreement between the City of Dubuque and Dubuque Casino Hotel, upon motion received and filed. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 267-04 INTENT TO DISPOSE OF AN INTERST IN REAL PROPERTY BY LEASE AND PARKING USE AGREEMENT WITH DUBUQUE CASINO HOTEL, I.L.C. Whereas, the City of Dubuque, Iowa (City) owns certain real property shown on Exhibit A attached hereto known as Dubuque Greyhound Park and Casino; and Whereas, City and Dubuque Casino Hotel, I.I.C., an Iowa limited liability company (DCH), have negotiated a Lease Agreement for a parcel of property shown on Exhibit A AND a Parking Use Agreement for part of the property; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement and Parking Use Agreement. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, intends to dispose of the City's interest in the foregoing-described real property pursuant to the Lease Agreement and Parking Use Agreement between City and DCH, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Ave., Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to cause a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the fore~oing-deSCribed real property, to be held on the 7 h day of July, 2004, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 2gth day of June, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for Public Hearing on 7/6/04 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. Michalski move to go into Closed Session in accordance with Ch. 21.5 1(i) 2003 Code of Iowa, to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and or irreparable injury to that individual's reputation and that individual has requested a Closed Session. Seconded by Markham. Motion carried 7-0. City Manager Van Milligen left the Closed Session at 5:29 p.m. Council reconvened in Regular Session at 6:03 p.m., indicating the evaluation had been completed. There being no further business, Cline moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjoumed at 6:03 p.m. It 717 Isl Jeanne F. Schneider, CMC . City Clerk 244 Special Session, June 29, 2004 2004 Approved September 7, 2004 Adopted September 7, 2004 Terrance M. Duggan, Mayor Joyce Connors Patricia Cline John H. Markham Ann E. Michalski Dan Nicholson Roy D. Buol Council Members Attest: Jeanne F. Schneider City Clerk